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Home My WebLink About2007-11-05 Bd Comm minutes m: MINUTES HISTORIC PRESERVATION COMMISSION MONDAY, SEPTEMBER 17, 2007 LOBBY CONFERENCE ROOM APPROVED MEMBERS PRESENT: Esther Baker, Michael Brennan, Pam Michaud, Jim Ponto, Ginalie Swaim, Tim Toomey, Tim Weitzel MEMBERS ABSENT: Alicia Trimble STAFF PRESENT: Sunil Terdalkar OTHERS PRESENT: Doug Boothroy, Thomas Casavant, Tim Hennes, Gary Klinefelter, Scott McDonough, Cindy Parsons, Mark Seabold, Axel Swanson, Kristina Swanson CALL TO ORDER: Chairperson Weitzel called the meeting to order at 5:36 p,m. Recommendations to Council (become effective only after separate Council action): Recommended to consider exemption from permit fee requirements all work currently subject to such fees solely due to property being located in a historic or conservation district. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. DISCUSSION OF PROPOSED AMENDMENTS TO THE BUILDING CODE. Terdalkar said the Commission was asked to comment on the proposed amendments to update the 2003 Building Code. He said that most of the articles related to the Historic Preservation Commission are the same; most of the changes are in terms of adapting to the International Residential Code and International Building Code, Boothroy added that the City Council would be having a meeting regarding this proposal this same night so that a recommendation by the Commission would be appropriate. Tim Hennes stated that the international codes are on a three-year cycle, and this is the end of the cycle. He said that there are two areas in the local amendments to the Code that affect the Commission: when work is exempt from a permit when siding and windows are reapplied and reviewed by the Commission and when a demolition permit requires review by the Commission. Brennan said that under R322, this may become an issue in the future, because the Commission is talking about asking the City Council for financial assistance and tax breaks, which would then rope historic preservation into the accessibility provisions that are considered in the code. Hennes said that R322 relates to four universal design/accessibility requirements that kick in when there is a publicly funded project. Boothroy said that those are not new. Hennes agreed that that section is not new to the Code and was in the last code cycle. Brennan said that section 202 concerns changes to the definition of habitable space as it pertains to basements, He said that seems like a very broad exception. Hennes said that particular amendment has been in the Code for six to nine years now. He said that when inspecting a new house and going into the basement where everything is there but the drywall, this allows the Department of Housing and Inspection Services the authority to say that if it looks like it's going to be habitable space, it will require certain safety requirements. Brennan said that could affect the Commission in terms of egress requirements. Hennes said that all basements, when there is any finish work going on in the basement, require egress to be installed. He said this is just carrying the amendment to the definition of habitable space over from the existing amendments. Historic Preservation Commission September 17,2007 Page 2 Weitzel said the Commission has seen a number of applications where it has had to approve egress windows. He said the Commission has also discussed the State's historic building code and how it applies to local jurisdictions. Hennes said that HIS uses the existing building code to guide some of its interpretations. He said it is not adopted specifically, because there are some applications where it would not be a good situation to have that. Hennes said that even in historic preservation areas, one never forgives the requirements for guardrails, for example. Brennan suggested the Commission request an exemption for building permit fees required when they would not be required outside of a historic or conservation district. Hennes said that fees are done through a resolution. Boothroy said that this is getting into the fee schedule season, because the budget is being worked on. Hennes said fees are set by resolution, but the authority to set fees is by ordinance. He said that HIS has had this discussion and commented that once the permit requirement kicks in, staff time is required; therefore HIS was opposed to waiving that fee, Brennan said there has been some discussion on the part of City Council and other groups about making preservation easier. Terdalkar said that now that the Commission is considering revision of the Historic Preservation Plan and the Comprehensive Plan, fee exemption request could be part of that discussion, Ponto agreed, but added that a request to council at this time would not hurt. MOTION: Brennan moved to request City Council to exempt from permit fee requirements all work currently subject to such fees solely due to property being located in a historic or conservation district. Ponto seconded the motion. Brennan said that since this is a proposed revision to the ordinance that includes when fees are required or exempt, it would be an ideal time for City Council to consider it. He said the things that are required due to replacement of non-egress windows or siding are things that only those in preservation zones have to pay. Brennan requested that be exempt and that people in those zones not be treated differently than people anywhere else in the City. Ponto said that he believes this is a valid point. He said that historic preservation owners should not be burdened beyond what other property owners are, besides the fact that the owner has to come before the Commission, The motion carried on a vote of 6-0. ITEMS OF CONSIDERATION. Certificates of Appropriateness. 1024 East Washinqton Street. Terdalkar stated that this is a contributing structure in the College Hill Conservation District. He said the application is to replace four existing windows on an existing enclosed porch in the back. Terdalkar said the applicant wants to replace the existing slider windows with double hung windows. Terdalkar said he suggested changing the proportions of the windows to be used, but the applicant indicated she would prefer not to change the proportions and would like to use the existing openings. He said the applicant intends to use metal-clad wood windows. Parsons, the owner of the property, introduced Klinefelter to speak on her behalf with regard to this project. Klinefelter stated that the application shows plans to use double hung windows, which was on the advice of the window vendor. Klinefelter said he feels that square, double hung windows don't look very good, He said there are five other sliding windows in this building and said that he would like to put sliding windows back in. Historic Preservation Commission September 17, 2007 Page 3 Klinefelter said that he really doesn't want to mess with the outside openings or the siding. He said he can put double hung windows in but thinks a slider with a center bar would look better than a squat, double hung window. Klinefelter said that this can only be seen from the alley. Weitzel said that if a new window can be fit into the existing opening, there is not much the Commission can do regarding making an owner change the window opening. He said the Commission will then need to look at whether it can be a slider or not. Michaud asked if similar sliders could be used as replacements, since the present windows were installed before this was in a district. Weitzel replied that if there was damage, it would be acceptable, but not in the case of voluntary replacement. He said that for this style of house, a type of Queen Anne Vernacular, there would generally be large wihdows with a horizontal division, not a vertical division. Ponto agreed that double hung square windows might look odd compared to everything else on the house. He said this is not part of the original, historic house, but the guidelines don't really have a way to get around that. Toomey said that the Commission has to base its decision on the original house. He said that if the owner wants to keep those window opening sizes, she will need to use double hungs, unless she wants to use some type of solid window. Klinefelter asked if he could put fixed windows there. He said he had considered using four fixed IG units there and would probably choose those units, given that option. MOTION: Toomey moved to approve a certificate of appropriateness for window replacement at 1024 East Washington Street to fit the existing holes with the options of using: 1) double hung windows, 2) fixed solid windows in matched pairs, or 3) changing the window size to match the size of the existing, original windows. Ponto seconded the motion. The motion carried on a vote of 7-0. 423 Grant Street. Terdalkar stated that this is a contributing structure in the Longfellow Historic District. He said that the house is currently vacant, and the application concerns two different lots on the property. Terdalkar said the proposal is to construct a new building on the adjacent land to the south of 423 Grant Street. Terdalkar said the applicant proposes to build an accessory structure with living space and a front porch. He said the proposal is for a 13 by 24-foot building, although the applicant is considering the option to build only a 16-foot long structure. Tom Casavant, the applicant, said that at this point, he has decided that the building will be shorter. Terdalkar said the owner proposes to use materials from the salvage barn and has included photographs of the windows with the application. He said the owner has included a sketch showing a similar roofline to that of the house so that it matches the existing roofline of the house. Terdalkar said the applicant would like to use board and batten siding for the new structure. Terdalkar said the applicant also requests approval of a tiled roof, based on the examples of a Swedish summer cottage. He said that staff recommends against using tiles for the roof, because it would not be the type of roof found on an accessory structure. Terdalkar recommended using shingles to match the house, although one might consider using a texture in the roof by using architectural shingles with variations in color and thickness. He said that the shingles on the house are asphalt shingles. Casavant had questions about the staff report and its reference to one tract yet two separate lots. Weitzel said that one cannot put an accessory structure on a lot without a primary structure, because it would be accessory to nothing. He said that the applicant would need to consult his attorney regarding the legal ramifications of the property and the two lots. Weitzel said the Commission's allowing a building based on its style would not affect any land use issues. Terdalkar said that the Commission could approve the application subject to HIS allowing the owner to build on the lot. Weitzel said that whatever the Commission approves doesn't do anything legally for the Historic Preservation Commission September 17, 2007 Page 4 land and doesn't guarantee the owner will be able to construct the building. He said the style decision, however, would be based on the building next door. Casavant said that all of the recommendations were okay with him. He said he did, however, want to have a tile roof. He said that all the Swedish cottages that he looked at had tile roofs, and he wants this to look as authentic as possible. Casavant said he is using a hip roof so that the building unifies with the property that is there now. He said that the tile roof won't make or break whether he constructs the building, but it would certainly be preferable. Weitzel said that in historic districts, an accessory structure should reflect the main structure or should at least be something that is compatible with the building's age. He said that garden structures were certainly built in the 1920s, but this is an English arts and crafts revival house and not a Swiss chalet. Weitzel said that an argument could probably be made for a slate roof or shingles, a wood or asphalt look. He said that the American arts and crafts revival movement did not pick up the tile for English buildings, although it did for Spanish and other Mediterranean buildings, Casavant asked if it would be permissible to use slate. Weitzel said it would probably be acceptable and would match the time period and the look of the house. Casavant said that he will have to re-roof the existing house in about five years. He said that he is interested in maintaining the continuity of the property, but for this particular building, he wanted to have something different. Casavant asked if a synthetic rubber slate would be okay. Weitzel said it might be acceptable if it looked enough like a real one. He said that the Commission would have to see a sample and vote on it. Weitzel said, however, that the Commission could approve everything at this time but the roof, which would have to wait until a sample is presented. MOTION: Ponto moved to approve a certificate of appropriateness for the construction of a building at 423 Grant Street as proposed, subject to the following modifications: 1) the size of the building to be smaller than the proposal, as discussed by the applicant at this meeting, 2) not having shutters on the building, and 3) if the roof is to be asphalt shingles, they should be matched to the house, or if the roof is to be of a different material, the material must be presented to and approved by the Historic Preservation Commission. Swaim seconded the motion. Casavant asked if a permit would be required if the building has a floor space of less than 12 feet by 12 feet and if, in the case a permit is not required, he could have a tile roof. Weitzel suggested that Casavant check with HIS about this specification. The motion carried on a vote of 7-0. 451 Rundell. Terdalkar stated that this is a non-contributing structure in the Longfellow Historic District. He said this building was considered non-contributing, because it was determined to have lost its significance after a move from 703 Bowery. Terdalkar said the house was built in 1875 and said that Iowa City has a long tradition of moving houses. Weitzel said that in conversations with the State Historical Preservation Office about buildings that have been moved, there really is not as much influence any more with regard to whether or not a building was moved from its original site, Terdalkar stated that the applicant would like to put an addition on the back of the house and would like to construct a one-car garage. He said that both of the structures would be attached together with an existing back porch. Terdalkar said that the addition would be about 12 feet by 24 feet. He said that it will have a shed roof with a 3: 12 pitch, and the one-car garage would have a front gable roof with a similar pitch, Terdalkar said the application shows the foundation of the new addition as an open, pier foundation at this point, which is somewhat uncommon for an addition on such a house. He said that because this is close to a flood plain, there needs to be adequate ventilation. Terdalkar said that one suggestion is to enclose only the required portion of the new addition so that one would not need to keep all of the new addition on the pier foundation. He said that on the floor plan, the portion that is to the north and some Historic Preservation Commission September 17, 2007 Page 5 portion that is to the east would be outside the proposed deck between the garage and the house, with a closed foundation, and the rest of the new addition could be kept open, if that would be adequate for ventilation. Terdalkar said that the applicant would like to use the existing windows where possible and would also like to use new, metal-clad wood windows. He said the proposal includes the construction of a single-car garage, and the deck would be built with treated lumber and will be difficult to see from the front of the house. Terdalkar said there will be some difficulty in terms of joining the roof of the existing addition on the south and the new addition in the back. He said the applicant has attempted to match the rooflines there. Terdalkar stated that the difficulty in matching the horizontal lines for the eaves is because of the ceiling height of the new addition and the existing addition. He said the height of the existing windows, which are very tall, also makes this a difficult situation. Seabold, the architect for this project, said that this is more of an expansion addition, rather than a simple room addition, and that is why the ceiling height comes into play. He said the goal is to increase the volume of space. Seabold said the major comment from staff concerns the pier foundation. Seabold asked about a recommendation for the kitchen window. Weitzel said the Commission doesn't generally allow awning windows but said he would recommend a small double hung window or a fixed pane window. Terdalkar asked how much of a change there is in the size of the window on the second floor and the kitchen window. Seabold said that it is a about a six-inch difference. He said that he could increase the height of the kitchen window, Scott McDonough, the contractor, said that there needs to be eight feet on the inside there for the ductwork and mechanical workings. Regarding the setback, Ponto said one concern is that the new shed roof would stick out past the existing side. He said that if it was inset one foot, then that roofline would be right at the edge of the side wall. Ponto said that would result in a complementary one-foot jog in the wall on the interior. Seabold asked if it would be possible to crop the overhang to have a more trim profile, Weitzel said that might be one way to do it. Weitzel said that the Commission does not have to require an inset, but it would be preferable not to have the roof overhang out so much to the side so that it would be seen from the front. He said that at some point, however, a good overhang is better than a minimal overhang for maintenance and the longevity of the house. Seabold discussed the foundation that the house was moved to and having it open down below for ventilation. Weitzel said that typically the skirting is removable and is just set into place and removed when needed, He said that for appearances' sake, there could be a lattice of some sort, something to define the skirt. Axel Swanson, one of the owners of the house, said there is lattice all around the front porch. The consensus of the Commission was that that type of lattice would be acceptable. Terdalkar said he spoke to building officials regarding the requirements for how much opening is needed. He said there is a certain percentage one needs to keep open, and one can always maximize it by having more openings than required. Terdalkar said he therefore suggests keeping the north side as a complete, full foundation, with a partial foundation in the rear, which is much less visible, Ponto said that this is an exceptional circumstance, because the house is in the flood plain, and the Commission therefore has more leeway than it normally would. Swaim asked about the plans for the garage door. Terdalkar said that the requirement is for a panel door, and the preference is for a panel door without raised boxes, something flat. Weitzel said the guidelines call for a door with panels, but not the type of panels that project. Historic Preservation Commission September 17,2007 Page 6 Swaim said that even though the garage is fairly far back, it seems like a huge expanse. She suggested putting in a window to break up that expanse. Terdalkar said that it is not appropriate to have lots of divided lights, so it may not be necessary to have a window or opening in the garage door. Kristina Swanson, one of the owners of the house, said she would prefer not to have a window for privacy reasons. Weitzel said the owners should be okay using a standard overhead door. A. Swanson said that he would like to have the deck extend another couple of feet farther out into the yard than shown on the plan. He said it would then extend about two feet beyond the back of the garage. Ponto said that he would not have a problem with that. MOTION: Ponto moved to approve a certificate of appropriateness for an addition and one-car garage at 451 Rundell Street, allowing the foundation to be done as proposed, with a recommendation for skirting to match the skirting on the front porch, because this house is in a flood plain so that this is a special circumstance in which that type of open foundation could be allowed; with the kitchen window to be either one solid pane as shown in the drawings or a double hung window trimmed out like the rest of the windows on that side of the house; with a simple panel garage door; with the addition to be set back in; and with the deck to be extended two feet farther than shown in the plan. Ponto said that he is still concerned about the shed roof extending past the side wall. He said that typically the addition would be set back in, so even with the overhang, the overhang would be flush with the side wall. Swaim seconded the motion. Swaim said that she was also concerned about the shed roof extending out. Seabold asked if modifying the overhang of that roof would be appropriate, with very simple trim to reduce the projection. Terdalkar said that what Seabold is proposing is no rakes for the shed. Weitzel agreed that the depth to the overhang would be gone, and there would be no rake. Seabold said that the inset would result in a jog in the interior wall. K, Swanson said that if that wall comes in one foot, she will lose the storage space, and it will decrease the floor space so that there will not be enough room, which is the point of constructing the addition. A. Swanson asked if there would be options other than insetting the addition one foot. Brennan said that what is disallowed is constructing an addition that is not distinguishable from the main building. He said that in the past, the Commission has allowed flush additions with some sort of vertical band boarding. Weitzel agreed that the Commission has done that before, especially when the interior design warranted a continuous room. Ponto said his concern is not so much that the whole addition be inset; his concern is focusing on the roof extension. He said he would be satisfied with the removal of that roof extension. Weitzel said that he would be okay with a vertical separation unless there is an inset on the building. AMENDMENT TO THE MAIN MOTION: Ponto amended the main motion to provide an option to either inset the entire addition one foot with the projecting eave that would then be flush with the side wall, or leave the addition size as proposed but cut off the overhang to something minimal so that it is flush with the side wall. Weitzel said another option would be to do a hip roof on the addition. He said that he is concerned about dropping the rake on this just for the sake of a little bit of appearance. Baker said that she would be in favor of the suggestion to keep the overhang and have some sort of vertical line showing that this is an addition. A. Swanson said that he would have no problem with that. Terdalkar stated that the concern was about the overhang being unusual, and that the vertical band board doesn't solve the overhang issue. The proposed shed roof results will appear as if a gable was cut off, no Historic Preservation Commission September 17, 2007 Page 7 matter what one does with the vertical band board. He agreed that if there is no offset, the band board is needed to distinguish the addition. He said, however, that the overhang is a question about whether the roofline is consistent with the existing house. Swaim seconded the amended motion. Swaim said the motion would make the edge of the roof flush with the side wall, or the option would be allowed to cut the whole thing in. Ponto said that by flush, he would give a leeway of a couple of inches. Toomey said that even if the addition was set in just four inches that would be acceptable. Ponto said that option is in the motion. He said that a four-inch inset with just a four-inch overhang would be acceptable to him. The motion carried on a vote of 7 -0. Minutes for AUQust 9. 2007. The consensus of the Commission was to file the minutes of the August 9th meeting, OTHER: Discussion of statewide survey of theaters in Iowa. Terdalkar said that Swaim has volunteered to work on this project. He said that the information is already available for the Iowa and Englert Theatres, but more information would be needed regarding the Astro Theatre, ADJOURNMENT: The meeting was adjourned at 7:36 p.m. Minutes submitted by Anne Schulte s/pcd/mins/hpcl2007/9-17 -07 ,doc Historic Preservation Commission Attendance Record 2007 Term Name Expires 2/08 3/08 4/12 5/17 5/31 6/12 6/28 7/12 8/9 9/17 Baker 3/29/09 X OlE X X X X X X X X Brennan 3/29/08 X X X OlE X OlE 0 X X X Carlson 3/29/07 X X -- -- -- -- -- - -- -- -- -- -- -- - -- -- -- Gunn 3/29/07 X OlE -- - -- -- -- -- -- - -- -- -- - -- -- - -- McCormally 3/29/08 OlE OlE X OlE OlE OlE OlE OlE OlE - -- Michaud 3/29/09 X X OlE X X OlE X X X X Ponto 3/29/07 X X X X OlE X X X X X Swaim 3/29/09 X X X OlE X X X X OlE X Trimble 3/29/10 -- -- -- -- X X X X X X X OlE Toomey 3/29/09 X X X X X X X OlE X X Weitzel 3/29/08 X OlE X X X X X X X X Key: X = Present o = Absent OlE = AbsenUExcused NM = No Meeting = Not a Member MINUTES IOWA CITY BOARD OF ADJUSTMENT AUGUST 8TH, 2007 - 5:00 PM EMMA J HARV AT HALL - lOW A CITY/CITY HALL APPROVED CALL TO ORDER: Carol Alexander called the meeting to order at 5:00 PM. MEMBERS PRESENT: Carol Alexander, Michael Wright, Michele Payne, Ned Wood, Edgar Thornton ST AFF PRESENT: Bob Miklo, Sarah Holecek OTHERS PRESENT: Jeff Digman RECOMMENDATION TO COUNCIL (becomes effective onlv after separate Council action): None. CONSIDERATION OF THE JULY 11.2007 MINUTES: Wright stated that on page 1, five lines up from the bottom of the first paragraph, where it states, "... where the current drive entrance now sites." It should be "sits." Payne noted that in the next paragraph, fourth line up from the bottom, where it states, "... why a curb cut would be aloud..." - this should be "allowed." She then said that two lines up from this, where it states, "Neighbors wondered why so the location is so far..." - the first "so" should be deleted to make it read better. Payne also noted that in the same line as the "aloud" change, it states "Rohret" and this should probably be "Rohret Road." Payne then stated that on the top of page 2, where it says, ".. .drivers are attempting to pull off into driveway." There should be the word "a" before driveway. Wright noted that since these minutes are legal records, he feels they should be cleaned up as best they can. He then noted that on the bottom of page 2, very last line where it states, "Schaeffer said that it's important that the I8-month extension is important..." - one. of the words "important" needs to be eliminated. He suggested keeping".. .the I8-month extension is important for the church." Wright then asked Holecek about the Motion at the bottom of page 3, "Also, Wright moved..." - and ifthis was okay as typed. Holecek stated it was. MOTION: Wright moved to approve the July 11, 2007 minutes as amended. Payne seconded the motion. The motion was approved 5:0 r:r Board of Adjustment August 8, 2007 Page 2 Alexander began by reading an openmg statement for the Iowa City Board of Adjustment. EXC07-00006: Discussion of an application submitted by Hieronymus Square Associates for a special exception to allow private, underground off-street parking in the CB-I0 zone for property located at 314 and 328 South Clinton Street. Miklo stated that with the Board's permission, he would give an abbreviated staff report on this application, as the applicants are the only ones present at the meeting, and the Board Members have all had time to review the application. The Board agreed to an abbreviated report. Miklo began by showing those present the exact map location of this project. He stated that the first floor of the building is L-shaped, and then there is a passageway that allows vehicles to enter the parking area, a valet drop-off or delivery area, and other short-term loading spots. The parking would be totally underground, with Burlington Street to the north and Clinton Street to the west. The entrance to the parking lot would be from the Court Street Transportation Center, so there will not be an actual physical entrance to this underground parking from the streets that border this property. Motorists will have to enter the Transportation Center from Dubuque Street. Miklo showed various depictions of this. He further stated that this parking area would be for residents who have purchased or leased a dwelling on the upper floors. Miklo then showed the Board an illustration of what the building will look like from Burlington and Clinton Streets. He stated that the first several floors of this building will be commercial, with the upper levels being residential. He noted that there is a vehicle entrance from Clinton Street that will allow the delivery and drop-off areas, in the center of the block. Payne asked for clarification on the "split" area of this building. Miklo further explained the layout and the areas in question. He further stated that a possible tenant in this building would be a hotel. In terms of the reasons why this exception is in front of the Board, Miklo stated that the Zoning Code specifies in CB-l 0, downtown district, that private parking be given a lot of scrutiny. He further explained the reasons behind this. He stated that it is the policy of the City to provide public parking downtown in order to be able to direct traffic, not interfering with pedestrian mobility downtown, and also allows control of the supply of parking. However, Miklo stated that the Code does allow an exception for this. The criteria for this exception is that the applicant must demonstrate that there is a need for this parking, which Miklo stated the applicant has done. He stated that most of the development in the CB-IO zone is for commercial properties, with residential slowly being brought in. The nature of residential parking, therefore, is different than commercial needs, Miklo stated. He further stated that this long-term parking is more difficult for the City to accommodate, which he stated is why the staff and Council agree that this development should have private parking with it. He stated that this would be beneficial to both the public and the developer. Miklo stated that this application certainly meets that test. Board of Adjustment August 8, 2007 Page 3 The other standards have to do more with the aesthetics of the parking, given that this will be completely underground and not visible to the public. Another concern is that parking not displace active retail, commercial uses, and again, he stated that since this is underground parking, it is not taking up land that could have otherwise been devoted to other uses. Miklo stated that staff believes this clearly meets the specific tests that the City looks for when considering private parking downtown. Also, as outlined in the staff report, Miklo states that it also meets the general test that is looked at for Special Exceptions. He stated that if the Members have any questions, he would be happy to try and answer them. Payne stated that on page 3, where it talks about number of parking spots per unit, she noticed that it states 3-bedroom units - 1 parking space, and she wondered if this shouldn't be 2. Miklo agreed, stating that this was an error. Payne further asked ifthere is an exact formula for the 200 parking spaces or more, to which Miklo stated that they do not know this yet as they do not know the exact number of units yet. Wood asked about the "tandem" parking spaces. Miklo explained that these are spaces one in front of another, and he pointed these out on a diagram for the Members. Payne asked if the tandem spots count as regular parking. Miklo stated they do not - that the developer does not get any credit for these spots being regular parking spaces. Thornton asked about spaces for disabled, and also the total number of spaces. He questioned if 80 parking spaces will be enough. Miklo stated that this is all that can be provided physically on this site, and that the other spaces will be via residents acquiring parking spaces in the Court Street Transportation Center next door. Payne asked how many parking spaces are available in the Transportation Center. Miklo stated that he believes there are 500 to 600 spaces in this deck. Payne asked if the CB-IO zone has a parking requirement, to which Miklo stated it does not. The Code currently states that CB-IO zoning does not require parking, and you are not allowed to provide parking, unless the Board of Adjustment approves this. He further stated that when this property was rezoned from CB-5 to CB-IO, the Council, on recommendation from Planning and Zoning and staff, did require that some parking must be provided on the site, and also have to pay in to the Parking Impact Fee Fund, which is a geographic area south of Burlington Street. The City has been collecting funds from developers in these areas. The fee is for spaces that are not provided, for which the City provides public parking. Payne asked further about these requirements, stating that if the developer were building this directly north of where they are now, they would not have any of these requirements. Miklo gave further examples of the parking fund/fee and CB- 10 zones, stating that this project did need to address the residential parking demand in this area, otherwise it would not work out well for parking demand. Payne asked if there was consideration given to the fact that at least 80 more vehicles will be driving through the Transportation Center in order to access this underground parking. She noted that the wear and tear would be higher with the increased traffic. Miklo stated that this area of the Transportation Center's ramp is an area that is less used, and that the City did build this ramp to promote development in the area. Wood asked if this is the only entrance, to which Miklo stated there is also an entrance on Court Street. Board of Adjustment August 8, 2007 Page 4 Thornton asked if thought has been given to further development in this particular area, with similar properties. Miklo stated that Planning and Zoning recently looked at the property directly to the east, and that this property is much narrower than the Hieronymus Square project. He showed the Members this area on a diagram, further stating that this narrower area is not able to accommodate any parking. The recommendation will be for this developer to pay into the parking impact fee for 100% of the parking they would have had to provide under the CB-5 zoning. Miklo stated that the last parking study done encouraged a parking structure in this area, and the City continues to collect fees for this. Alexander asked that either Miklo or Holecek clarify for the Board what decisions have already been made on this project by Planning and Zoning and the Council, and what is truly before the Board of Adjustment. Miklo stated that the decision has been made to rezone this area to CB-IO, and have also amended the Comprehensive Plan to talk generally about the block between Burlington and Court Street, roughly from Clinton back to Gilbert Street, as having the potential for further CB-1 0 zoning, provided issues such as parking, pedestrian, aesthetics are addressed. He stated that this is not a "done deal," but if an applicant can demonstrate a way of addressing those concerns, such as paying into the parking impact fund or providing parking on site, and the building design is such that it contributes to the downtown, then it is likely that further properties will also be rezoned CB-I0. This property, however, will be CB-1 0, and that it is required to provide 80 parking spaces on site, and also required to pay into the parking impact fee for any of the bedrooms that would have had required parking under CB-10. As for the Board of Adjustment's charge, they need to determine whether the layout configuration of this parking facility meets the criteria of the Code, which are mostly aesthetics and mostly about not displacing commercial development. The other question is whether there is a demand for this parking, that it will not compete with public facilities. Miklo further stated that if the Board feels there is not enough evidence here, that this parking will be competing with public facilities, and that aesthetically it does not meet the Code, then the Board could vote to not approve this exception. However, Miklo stated that staff feels it is clear that it does meet the criteria. Miklo ended by stating that staff recommends that EXC07-00006, an application for private, off-street parking in the Central Business (CB 1 0) zone at 314 & 328 S. Clinton Street be approved subject to general compliance with the application submitted. Alexander asked if anyone had any questions for the applicant. Wood asked if they had any idea how many people might be living in these residences. Alexander asked that the applicant come forward to the microphone to address this question. Digman stated that the high-end condos will probably have two people, which would be around 170 people, and then the 80 plus hotel rooms, which could be around 140 people on a full night, and then there are two floors of office space, with the first floor being retail, and a restaurant on the th floor. He stated that this building alone would need approximately 500 parking stalls on a busy weekend. Miklo stated that one of the theories the City has used is this is the type of place someone could live without a vehicle. Alexander asked if there were any more questions before she closed the Public Hearing. Payne asked about the 80 parking spaces, and if they would be used for the hotel occupants or the office or retail Board of Adjustment August 8, 2007 Page 5 units. Digman stated that these would be for residents who live in the building. He further stated that the area of the parking ramp where residents will access this underground parking is a small area with only 20 spaces or so. He further explained how this underground area would be a secure area for the condo residents. Thornton stated that he is unable to understand how you enter the Transportation Center and then enter this proposed parking. Digman further explained how this will look, and how residents will have the only access to this. Payne stated that she still feels 80 spaces is not enough. Digman reiterated that this is the maximum amount they can fit underground. Public Hearing Closed MOTION: Wood moved that EXC07-00006, an application for private, off-street parking in the Central Business (CB-I0) zone at 314 & 328 S. Clinton Street be approved, subject to general compliance with the application submitted. Wright seconded the motion. Wood stated that there is obviously a demand for parking, and that it cannot be satisfied through the public parking system, therefore, this criteria is met. He continued, stating that the design must not detract from, or prevent, active building uses on the ground level floor of the building, and that it appears that even with the 3-foot rise, it should not detract from or prevent active building uses on the ground floor level. He further stated that the parking will not interfere with the, ground floor uses of the building. Under General Standards, it will not be detrimental nor danger the public health, safety, comfort, or general welfare. The access to the parking is through the Court Street Transportation Center, and is off of a street that does not have a high volume of traffic. Wood continued, stating that this exception would not injurious to the use and enjoyment of other property in the immediate vicinity, nor will it diminish or impair property values in the neighborhood. This is an area that has been commercially developed, and Wood stated that this should be a nice addition to the area. The parking area will be undetectable from other properties in the vicinity, and it will alleviate the demand for parking from the public parking facility next door. It will not impede the normal and orderly development and improvement of surrounding property, and it will conserve spaces in the Court Street Transportation Center. Wood further stated that it will make commercial use available on the ground floor; and all necessary facilities have been provided for. Ingress and egress, through the Court Street Transportation Center, have been addressed, as well. This exception is also consistent with the City's Comprehensive Plan. Wood concluded that he is inclined to support this exception. Thornton stated that first of all, he applauds the designers for meeting all of the standards of the Code. He further stated that he believes, as Wood stated, that it does meet the standards as set forth, and should not have a negative impact on the community. However, he stated he does have some reservations about the number of spaces being made available. He noted his concerns about traffic increases, and that he has some reservations about the plan. Thornton stated that he will vote in favor of the exception. Board of Adjustment August 8, 2007 Page 6 Payne stated that she totally agrees with Thornton that, as the criteria is set forth, this exception does meet the criteria. However, she also feels there will be a strain on the parking downtown, especially during the school year. She feels this will add to the already existing problem, and will continue to grow until the parking problem is addressed. She, too, will vote for this exception as it meets all the criteria, but she does have serious concerns about parking in the downtown area. Wright stated that this clearly pokes at an issue in the Zoning Code that could use some refining. However, he also feels this exception meets the criteria, and states that the 80 plus spaces definitely addresses the criteria. He will also vote in favor. Alexander stated that she too would vote in favor. The motion was approved 5:0 OTHER: Miklo addressed the concerns of the entering and exiting, and stated that this is a legitimate concern for the Board to address. He stated that staff feels this will be a safe situation. Wright noted that he feels convenience is more of an issue, but that this is not for the Board to consider. Miklo stated that he feels the Board has raised some good concerns about the CB 1 0 zone and parking downtown. He further stated that Planning and Zoning instructed the staff to reexamine the CB 1 0 zone downtown, and that they will be doing this. Parking is a top concern for P&Z. Miklo stated that they may contact the Board of Adjustment for their ideas on this issue, or perhaps they may want to serve on a committee that would address the parking issues. Thornton asked about long-term ideas, and how long does Miklo think the City will uphold its monopoly on parking. Miklo stated that this policy has been in place since the mid-1970's, when they started the urban renewal process. Miklo further stated that as the downtown moves further south, they would have to address this issue further. Payne asked Miklo further questions about the rezoning of this area. BOARD OF ADJUSTMENT INFORMATION: Holecek stated that there is nothing to report on Shelter House yet. Miklo stated that Members will be contacted ifthere is to be no meeting next month. ADJOURNMENT: Alexander adjourned the meeting at 5:53 PM. Board of Adjustment Attendance Record 2007 TERM 1/10 3/28 4/11 4/28 5/9 6/13 7/11 8/8 9/12 10/10 11/14 12/12 NAME EXP. Carol Alexander 01/01/08 X X DIE X X NM X X Michael Wright 01/01/09 X X X X X NM X X Ned Wood 01/01/10 X X X X X NM DIE X Michelle Payne 01/0] /1 ] X X X X X NM X X Edgar Thornton 01/01/] 2 X X X X X NM DIE X KEY: x = Present o = Absent OlE = Absent/Excused NM = No Meeting --- = Not a Member MINUTES PARKS AND RECREATION COMMISSION September 12, 2007 G[ FINAL ] MEMBERS PRESENT: David Bourgeois, Craig Gustaveson, Margie Loomer, Ryan O'Leary, Matt Pacha, Jerry Raaz, John Watson, John Westefeld MEMBERS ABSENT: Phil Reisetter STAFF PRESENT: Mike Moran, Terry Robinson, Terry Trueblood GUESTS PRESENT: Dee Vanderhoef RECOMMENDATIONS TO COUNCIL: None OTHER FORMAL ACTION TAKEN Moved bv Raaz. seconded bv Watson. to approve the AUl!ust 8. 2007 meetinl! minutes as written. Unanimous. PUBLIC DISCUSSION: Dee Vanderhoef was present to participate in the parks tour. She stated her appreciation of the Parks and Recreation Commission and all that they have accomplished. COMMISSION TIME David Bourgeois asked about golf pass sales. Four to date have been sold at the Recreation Center. He is confident it will be better next year with more promotion, and the fact that it will be offered at the beginning of the golf season. CHAIR'S REPORT None DIRECTOR'S REPORT Trueblood briefly discussed the naming of a park that involves property previously owned by the Miller Family of Iowa City that is located along Lower West Branch Road. Henrietta Miller submitted her suggestion of Frauenholtz-Miller Park for the naming of this park. This proposal was discussed at a Joint Staff meeting and it was recommendation of this group to take part of Parks and Recreation Commission September 12, 2007 Page 2 of 3 her suggestion and name it "Miller Square." It was staff s feeling that this is a simpler name for the park and the property does meet the definition of a "square." The Miller family has indicated they are okay with this, and they have been invited to attend the October meeting when this item will be on the agenda. Trueblood announced that DogP AC members will be present at the October meeting to discuss naming of the small dog section of the Thornberry Off Leash Dog Park. This is the last section of the park to be named. ADJOURNMENT Meeting adjourned at 4: 1 0 p.m. and members left for the annual park tour. Moved bv Raaz, seconded bv WestefeId, to adiourn the meetin!!: at 4:10 p.m. Unanimous. Parks and Recreation Commission September 12, 2007 Page 3 of 3 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 2007 TERM NAME EXPIRES 1/10 2/7 3/14 4/10 5/9 6/13 7/11 8/8 9/12 10/10 11/14 12/12 David Bour2eois 1/1/11 X DIE OlE X X DIE X OlE X Craig Gustaveson 1/1/11 X DIE OlE OlE X X X X X Margaret Loomer 1/1/08 X X OlE OlE X X X X X Ryan O'Leary 1/1/10 X X X X X X X X X Matt Pacha 1/1/09 X X X X X X X X X Jerry Raaz 1/1/08 X X X X DIE X X X X Phil Reisetter 1/1/09 DIE X X X X X X DIE DIE John Watson 1/1/11 X OlE OlE X X DIE X X X John Westefeld 1/1/10 X X X OlE X X X X X KEY: X= 0= DIE = NM= LQ= Present Absent AbsentlExcused No meeting No meeting due to lack of quorum Not a Member IOWA CITY TELECOMMUNICATIONS COMMISSION FINAL MONDAY, SEPTEMBER 24,2007--5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Saul Mekies, Gary Hagen, Brett Gordon, Margaret Wieting, Hans Hoerschelman MEMBERS ABSENT: STAFF PRESENT: Drew Shaffer, Mike Brau OTHERS PRESENT: Lee Grassley, Laura Lowe, Beth Fisher RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Grassley gave a presentation on the Federal Communications Commission mandated transition to digital transmission by February 2009 and the plans Mediacom has in making that change. Subscribers will not need new televisions, only a digital converter. An extensive public information campaign will be implemented regarding the changes. There will be a dramatic increase in the infrastructure capacity with the switch to full digital. For example, Internet service could be as high as 100 megabits. Brau demonstrated the new web-based interactive program guide for channel 4. The program guide offers a searchable program listing with detailed program descriptions including web links relating to program content. Programs are searchable by category and free text covering titles and descriptions. Details on when a program will be playing in the future and total run time is also provided. The program guide provides links to video streaming, if available, and will serve as City Channel 4' s means to provide all of their programming via the web when that capacity is fully developed. Lowe said the schools applied for Community Television Group (CTG) funds and the consensus among the CTG was that about half of the available $17,500 would go to the schools for cameras for the Board Room. The school district is planning to purchase a new server for about $25,000. A request will be made to the Iowa City Community School District Foundation of about $2000-3000 for editing software. A grant for a field camera is also being sought. The Division's Video Voter Project has taped statements from all the City Council candidates except those running unopposed. Shaffer met with Phyllis Peters, Mediacom public relations/spokesperson and she indicated an interest in locally produced programs for Mediacom's video on demand offerings. Shaffer reported that the City submitted written comments on the Iowa Utility Board rulemaking implementing SF 554. They were included in the meeting packet. Shaffer, Brau, Hoerschelman, and Goding also participated in oral presentations before the Board. APPROV AL OF MINUTES Hagen moved and Wieting seconded a motion to approve the July 23,2007 minutes. The minutes were approved unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. MEDIACOM PRESENTATION ON CONVERSION TO DIGITAL TRANSMISSION Grassley gave a presentation on the Federal Communications Commission mandated transition to digital transmission by February 2009 and the plans Mediacom has in making that change. Digital transmission will free up a large amount of spectrum space for public safety purposes and allow broadcasters the ability to broadcast multiple channels. High definition channels, which use ten times the current spectrum space as an analog channel, will be able to be carried using only half the spectrum of a current analog channel. Digital transmission will also be a better quality signal. Subscribers will need a $60-70 digital converter when the full transition is made. The federal government has a program to help cover some of the costs to lower income-qualified consumers for the converters. Current digital subscribers' converters will work. Mediacom will down convert digital signals to analog for a period of time after the February 2009 deadline so subscribers will be able to continue to receive Mediacom's signal. Subscribers will not need new televisions, only a digital converter. A digital transmission will be transmitted as well. The access channels will continue to be an analog signal but also carried in the digital transmission but the digital channel numbers may change. An extensive public information campaign will be implemented regarding the changes. Mediacom will need consent from broadcasters to down convert digital signals to analog. There will be a dramatic increase in the infrastructure capacity with the switch to full digital. For example, Internet service could be as high as 100 megabits. Mekies said that unless the local access channels are converted to digital they will not be able to be viewed when Mediacom's waiver expires sometime after the Feb. 2009 digital conversion. Gordon asked what the equipment cost will be to convert the access channels to digital. Grassley said he has heard as high as $40,000 per channel but will look into it further. Hoerschelman said he has heard $20,000. CITY CHANNEL 4 PROGRAM GUIDE DEMONSTRATION Brau demonstrated the new web-based interactive program guide for channel 4. The program guide offers a searchable program listing with detailed program descriptions including web links relating to program content. Programs are searchable by category and free text covering titles and descriptions. Details on when a program will be playing in the future and total run time is also provided. The program guide provides links to video streaming, if available, and will serve as City Channel4's means to provide all of their programming via the web when that capacity is fully developed. Shaffer said he is unaware of any access channel or cable channel that provides such extensive information as the new program guide. Brau said that a promotional campaign is planned and will be implemented when the City Channel 4 web site redesign is complete. CONSUMER ISSUES Shaffer referred to the complaint report in the meeting packet and noted that the number of complaints was up considerably to a total of 42 complaints. The average number of complaint calls per moth are closer to 8. Several complaints involved being placed on hold for a long period of time. Several complaints were received regarding the Big Ten Network. Shaffer said he contact the Big Ten Network and offered channel 4 or 5 if they wished to use them for the games on their network. They declined. Shaffer said that most of the complaints that could be resolved have been. Grassley said Mediacom was impacted by the floods in Wisconsin and Minnesota which involved pulling a lot of phone customer service representatives. That coupled with the strain of students returning put a strain on Mediacom's capacities and expects complaints to decline next month. Mekies said that all the commissioners are quite concerned with the level of complaints the past month and will be monitoring the situation closely. MEDIACOM REPORT Grassley said he covered what he wished in the digital transition presentation. UNIVERSITY OF IOWA REPORT McBride emailed Shaffer and informed him he could not attend. PATV REPORT No representative was present. KIRKWOOD COMMUNITY COLLEGE REPORT O'Brien emailed Shaffer and informed Shaffer he could not attend. SCHOOLS REPORT Lowe distributed a written report. 14 new programs were cablecast over the last month including music performances, a school board candidate forum, and an episode of Education Exchange. Lowe said the schools applied for Community Television Group (CTG) funds and the consensus among the CTG was that about half of the available $17,500 would go to the schools for cameras for the Board Room. The school district is planning to purchase a new server for about $25,000. A request will be made to the Iowa City Community School District Foundation if $2000-3000 for editing software. The district is also considering funds for a faculty advisor to oversee a video production club for students. Mekies said that many of the faculty advisors for extra- curricular programs are paid at less than the minimum wage for the amount of time they put in and said that enough funds should be committed to adequately compensate them. A grant for a field camera is also being sought. The district is moving forward with providing podcasts. The City of North Liberty has been taping the West High football games and offered them to the school district but due to concerns about fairness to City High the offer was declined. LIBRARY REPORT Fisher reported that 17 live events will be taped in September including the International Mondays program, International Writing panel discussion, the Intellectual Freedom Festival and another episode of Ellen Buchanan's One of a Kind program featuring Steve Atkins. SENIOR CENTER REPORT No representative was present. CITY MEDIA UNIT REPORT Shaffer said Hardy is on vacation and reported that the Media Unit production level has been steady and that requests for Community Television Service is increasing, which is typical for this time of year. CABLE ADMINISTRATOR REPORT Shaffer has been busy working on the budget. The budget will be very similar to the previous year with revenues and expenditures about the same. The Division's Video Voter Project has taped statements from all the City Council candidates with the exception of those candidates who are running unopposed. Shaffer met with Phyllis Peters, Mediacom public relations/spokesperson and she indicated an interest in locally produced programs for Mediacom's video on demand offerings. Shaffer referred to the ICTC annual report in the meeting packet and said the Commission accomplished a lot over the past year. Mekies asked about the article included in the meeting packet regarding a lawsuit claiming franchise fees are illegal taxes and asked how it might impact Iowa City. Shaffer said the lawsuit should not affect Iowa City and applies only to those 7 cities sued. LEGISLA nON AND FCC UPDATE Shaffer reported that the City submitted written comments on the Iowa Utility Board rulemaking implementing SF 554. They were included in the meeting packet. Shaffer, Brau, Hoerschelman, and Goding also participated in oral presentations before the Board. The Board for the first time attempted to conduct the hearing by teleconference call which did not work well as all participants had a hard time hearing comments. The Board appeared interested and asked questions regarding consumer protection. The Board also asked about notification of service provision requirements, which triggers an opt-out provision for incumbent providers. The Board also requested information from Goding on impacts on public access channels in other states that have passed similar legislation. The City will be preparing further comments as permitted by the Board. WIFI Shaffer said he has emailed CFreewireless several times and has requested additional information regarding their proposal in development but has not yet received a response. ALLIANCE FOR COMMUNITY MEDIA CONFERENCE Shaffer referred to the written report in the meeting packet. Among the major themes at the conference was the state franchising legislation across the United States, the importance of broadband access, access channel marketing and branding, and the need for access channels to partner with community organizations. Shaffer and Gordon stressed that public access channels should not think of themselves as small independent stations but as a comprehensive community media center working across multiple formats and platforms. EXPLORING INTERNET SPEED Hoerschelman distributed a list of questions regarding Internet speeds and access that the Commission may wish to pursue answering to better inform the public of their options. Among the issues are speed, cost, technical considerations, venders (and resellers), and physical limitations. ADJOURNMENT Hagen moved and Wieting seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 7:33. Respectfully submitted, Drew Shaffer Cable TV Administrator TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD 01/01/03 to CURRENT Meeting Kimberly Saul Meikes Brett Castillo Terry Smith Jim Pusack Date Thrower 6/2/03 x x x x x 7/28/03 X x x x x 8/25/03 x x x x o/c 9/22/03 x x x x o/c 10/27/03 x x x x o/c 11/24/03 x x o/c x x 12/15/03 o/c o/c x x x 1/2/04 x o/c x x x 1/26/04 x x x x x 2/23/04 x o/c x o/c x 3/22/04 x x x x x 4/ 26/04 x x x x O/C 5/24/04 x x o/e x x 6/28/04 x x x o/c x 7/26/04 o/c x x x x 8/26/04 did not meet did not meet did not meet did not meet did not meet 9/27/04 X X X X X 10/25/04 X X 11/04 Did not meet Did not meet Did not meet Did not Did not meet meet X X X X X 12/20/04 1/24/05 X X X X X 2/28/05 X X X X Garv Hagen 3/8/05 X X X X X 3/25/05 X 0 X X X 4/25/05 x o/c X X X 5/23/05 X 0 x vacancv X James X ~ Bebe x Ehrmann Balantyne 6/27/05 X x X X X x Michael Chritians 7/25/05 0 X X X X 9/26/05 0 X X 0 X 10/31/05 X X o/c X X 11/28/05 X X X X X 1/23/06 o/c X X 0 X 2.27/06 X X X 0 X 3/27/06 ole X X John X Weaterson X 4/24/06 X X X X X 5/22/06 0 x x/o 0 X 6/26/06 0 X Vacant 0 X Nick Parker 7/24/06 x x x X 8/24/06 X x M. Wieting o/c X 9/25/06 x x x O/c X 10/23/06 x X x o/c X 10/30/06 x x x vacant X 11/27/09 x x x X 12. 18/06 X X X X Brett Gordon 1/22/07 X X X X X 2/26/07 X X X X X 3/26/07 Vacant x o/c x X 4/23/07 Vacant X X X X Hoerschelm an 521/07 X X o/c X x 6/26/07 x x x x X 7/23/07 x x x x X 9/24/07 X X o/c o/c x (X) = Present (0) = Absent (O/C) = Absent/Called (Excused) MINUTES IOWA CITY HUMAN RIGHTS COMMISSION TUESDAY, September 25, 2007 LOBBY CONFERENCE ROOM, CITY HALL FINAL ~ Members Present: Sara Baird, Beverly Witwer, Martha Lubaroff, Newman Abuissa, Eric Kusiak and Scott King. Staff Present: Stefanie Bowers. Call to Order Witwer called the meeting to order at 7:02 p.m. Recommendations to Council (Become effective only after separate Council action) None. Consideration of the Minutes of the August 21, 2007 meeting MOTION: Minutes were amended. King moved to accept the amended minutes and Baird seconded. The motion passed on a vote of 6-0. Introduction of New Commissioners New Commissioners Abuissa and Kusiak were introduced. Connections Forum Baird and King reported on the success of this event. The event also launched a new magazine that will be published twice a year; Bowers will try to obtain copies of the magazine to distribute to Commissioners. The Disparity of African-American Incarceration in Iowa Jails and Prisons Anthony Haughton will present and discuss this topic on October 3rd at 7 p.m. at the Iowa City Public Library. King will introduce Mr. Haughton. One Community One Book Johnson County Reads Baird will participate in a panel discussion at the Iowa City Public Library on September 26th. The author Timothy B. Tyson will visit Iowa City and read selections from his book on October 26th at 7 p.m. at the Pomerantz Center. Public Education Rights of Newman agreed to translate the pamphlet into French. Spanish. International Families the pamphlet in Arabic and may know someone who can translate Kusiak hopes to find someone to translate the pamphlet into Human Rights Breakfast Witwer will contact Alfred Ramirez concerning the topic of his keynote address. Kusiak, Lubaroff, and Baird will present awards at the Breakfast. The sub-committee will meet on October 2nd to select winners from the nominations. Building Blocks On November 7 participants can receive assistance at the Broadway Neighborhood Center and on November 8 participants can apply for open positions with employers. The job fair will be held at 'The Spot' . Film Series Commissioners will show a free public screening of Emmy: The Story of an Orphan on December 1st. Kusiak will assist Bowers in locating panelist for the discussion following the film. Reports of Commissioners Witwer reported on attending the 'Diversity Focus Leadership Conference for Students and Educators' in Iowa City on the 19th. Lubaroff and Baird reported on attending the same Conference in Cedar Rapids. All felt the conference was well attended and well planned. Adjournment There being no further business before the Commission, the meeting was adjourned at 8:16 p.m. Board or Commission: Human Rights ATTENDANCE RECORD YEAR 2007 TERM NAME EXP. 1/23 2/27 3/27 4/24 5/22 6/26 7/24 8/21 9/25 10/23 11/27 12/25 Bev Witwer 1/1/08 X OlE X NM X X X X X , Sara Baird 1/1/08 X X X NM X X X X X Scott King 1/1/08 OlE X X NM X OlE X X X Martha 1/1/09 X OlE X NM X X X X X Lubaroff Kate Karacay 1/1/09 X X X NM OlE OlE X X OlE Florence 1/1/09 --- --- --- --- --- X X X OlE Ejiwale Joy Kross 1/1/10 X X X NM X X OlE X OlE Newman 1/1/10 --- --- --- --- --- --- --- OlE X Abuissa Eric Kusiak 1/1/10 --- --- --- --- --- --- --- --- X (Meeting Date) KEY: x = Present o = Absent OlE = AbsentlExcused NM = No meeting --- = Not a Member NMNQ - No meeting, no quorum (]1[ MINUTES Iowa City Airport Commission September 13, 2007 Iowa City Airport Terminal- 5:45 PM FINAL Members Present: Howard Horan, Chair; Randy Hartwig; Greg Farris; Janelle Rettig Members Absent: John Staley Staff Present: Sue Dulek, Michael Tharp Others Present: Jay Honeck, David Hughes, Jim Druesicke, Peggy Slaughter, Randy Miller, John Yeomans, Phillip Woolford DETERMINE QUORUM: The meeting was called to order at 5:46 P.M. by Horan. RECOMMENDATIONS TO COUNCIL: APPROVAL OF MINUTES FROM THE AUGUST 9, AUGUST 13, AND SEPTEMBER 5,2007 MEETINGS: Hartwig noted a correction to the August 9th minutes clarifying the "self service" to include fuel pump. Hartwig moved to accept the minutes of August 9, August 13, and September 5, 2007 as amended; seconded by Farris. Approved 3-0, Rettig Abstained. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION/ACTION: a. Aviation Commerce Park - Peggy Slaughter and Randy Miller introduced themselves to the Commission, as the new realtors who are working on the North Commerce Park land sales. Slaughter and Miller expressed a desire to re-market the lots as individuallots instead of a single lot. Slaughter and Miller gave a description of the marketing tools they would be using. Hartwig asked about the pricing model. Slaughter gave out copies of the pricing and what the proposed changes. Rettig commented that the new pricing model was $900,000 lower than the current pricing. Miller commented that this is a result of the land going from commercial retail back to more industrial, and that the previous model took into account a scenario that did not get completed. i. Consider a resolution approving amendment #7 to the listing agreement - Consider Resolution #A07-23 approving Amendment #7 to listing 1 Airport Commission September 13,2007 Page 2 of6 agreement; moved by Farris, seconded by Hartwig. Carried 4-0, Staley Absent. b. Ruppert Property - Moved to after item C. Dulek gave the commission a description of the property and background of this property. Dulek related that the owner had recently passed away and the estate had contacted her regarding interest in purchasing the land again. Horan noted this land is currently not able to be developed commercially due to its location at the end of the runway. Rettig commented that she was not in favor of paying commercial prices, ,but instead the land should be pursued as agricultural priced land. c. Land Lease With Westside Auto i. Public Hearing - Chairperson Horan opened the public hearing. No Comments. Chairperson Horan closed the public hearing. ii. Consider a Resolution Approving Lease with Westside Automotive - Hartwig recused himself. Dulek gave the commission a description of the lease. Wests ide Auto wishes to place a sign in the Runway Protection Zone in return for mowing and maintenance services for the rest of the runway protection zone. Rettig described that she was uncomfortable with a 20 year lease, but was favorable to a 10 year lease with options. Dreusicke gave the Commission a description of the sign placement. Tharp commented that he wasn't in favor of accepting the lease terms without having the airspace study completed. Consider Resolution #A7-24 approving Lease for Westside Auto; moved by Rettig, seconded by Farris. Carried 3-0; Hartwig recused, Staley Absent. d. University of Iowa / Operator Performance Labs i. Consider a Resolution Approving Letter of Intent (deferred from 8/9/07) - Tharp gave the commission copies of the letter as accepted by the University. Tharp described the letter and conditions to the commission. Tharp noted that the lease terms would be a 5 year lease with 3 5-year options. Tharp also noted the project costs were capped at $400,000, and described the formula that would be used to calculate the first rental term. Rettig asked about a previous cost number that had been considered and Tharp responded. Consider Resolution #A07-25 approving Letter of Intent; moved by Hartwig, seconded by Farris. Carried 4-0, Staley Absent. e. FAAlIDOT Projects - Earth Tech - David Hughes i. Runway 7/25 1. Update - Hughes commented that the airport received a grant offer of approximately $1.7 million. Hughes noted that he had met with the contractor and they are ready to begin when notice is given. Horan asked about the runway closure timing. Hughes responded that the runway would be closed 2 Airport Commission September 13, 2007 Page 3 of6 on a daily basis for the installation of the new lighting system, and then later a full closure for approximately 5 days to remark and finish installation of the lighting. Rettig asked what the grant was funding, to which Hughes responded. Rettig asked about a piece of land that had an offer for sale on in the past. Hughes responded that the land in question could be sold after the new runway was open. 2. Consider a Resolution Accepting FAA Grant 3-19-0047-14 for paving/lighting project - Consider Resolution #A07-26 accepting FAA Grant 319-0047-14; moved by Rettig, seconded by Hartwig. Motion Approved 4-0, Staley Absent. 11. South Aviation Development Study - Hughes commented they are still waiting on a finalized Willow Creek study. Hughes commented they will be setting up a meeting with the new planning director to update him on the study. 111. South Taxilane Rehab - Hughes noted they met with the contractor to discuss the known issues. He commented he was waiting for a response from the contractor as a proposed fix. IV. Hangar A & B Doors - Hughes noted that the doors were in and that some of them need some corrective action. v. Jet A Fuel System / A vGas Upgrade - Hughes noted they had put together a packet for a competitive quote process and will incorporate changes suggested by Dulek. Dulek noted that this is a new process resulting from a change in the bidding laws. Hughes described the location of the Jet A pump for the commission. 1. Consider a Resolution Approving Competitive Quotation Process - Consider Resolution #A07-27 approving Competitive Quotation Process; moved by Rettig; seconded by Farris. Motion Approved 4-0, Staley Absent. VI. Terminal Apron Rehab - Hughes noted that they had received bids and 3 of 4 were under the engineer's estimate. Hartwig asked about the timeline for the contract. Hughes noted the contract is 45 days and they would start around the 24th, and would place completion around Halloween. Rettig asked about the effects on the planes being parked. Woolford noted they would begin making some temporary tie-down spots in the grass area. Rettig asked about fueling. Hughes noted the self serve system would be out of service for the duration of the construction. 1. Consider a Resolution Awarding Contract - Consider Resolution #A07-28 awarding contract; moved by Farris; seconded by Rettig. Motion Approved 4-0, Staley Absent. V11. Obstruction Mitigation - Hughes noted that some of the poles have been checked by the FAA and there was a new concern that 3 Airport Commission September 13,2007 Page 40f6 developed. Hughes noted they are continuing to work with Mid- American to get a proposal that is acceptable to everyone. Vlll. 405 Approach Surveys - Hughes noted the survey data has been accepted by the FAA, and dates are in the system for 2008. Approaches are being designed for all the runway ends. f. Farmers National Company i. Management Agreement - Tharp noted that the contract with Farmers National for the farming management provides the airport commission an opportunity to cancel the contract by September 30. Tharp noted that he is recommending a continuation of the lease agreement and that John Yeomans was present to give the commission an update on the rental plans. 11. Farm Operations Update - Yeomans commented that previously the lease had been variable based on the crop yields. This prevented the farmer from collecting potential government crop payments that another lease type would enable. Rettig commented that she does not feel the airport should be eligible for government payments. Yeomans described the lease types noting that all the leases make the farmer eligible for some government payments. Rettig asked about the amount of money the government has paid to the airport or farmers renting the airport land. Yeomans described the current farm bill status and certain scenarios. Yeomans noted that without allowing farmers to collect eligible payments the farming operations would be difficult to maintain. g. Airport "Operations": Strategic Plan-Implementation; Budget; and Airport Management -A budget planning/CIP session was set for September 24th at 5:45 P.M. Rettig asked a question about page 5 of the budget, Fuel Charge- back. Tharp explained that this has been a change in how this item is listed. Rettig asked for clarification on several budget items, with Tharp responding to her questions. Hartwig also responded to some of the items, noting that they may want to consider stopping the magazine subscriptions as magazine are disappearing. Horan noted that they did have a Personnel meeting regarding a raise for Tharp. He will take the assembled comments and meet with Tharp to go over these. h. FBO Staff Report - Woolford spoke about the Sertoma event and how well it went. Tharp asked if anyone had any pictures from this event to share for the newsletter. Rettig stated that she believes Woolford should take part in the budget meeting, since the FBO is an important part of the Airport. Rettig also asked about the ground school and what the status is currently. Woolford responded to her questions, stating that they have 4 or 5 part-time flight instructors currently, some of whom work at the University. Rettig asked about military personnel, once they leave the service, participating in flight 4 Airport Commission September 13,2007 Page 5 of6 school. A brief discussion ensued on this. Tharp responded to Hartwig's questions regarding signage. 1. Subcommittees' Reports - None. J. Commission Members' Reports - Rettig noted that she feels they should figure out exactly what the regulations are for hangar space. Hartwig noted that he believes it would be a good idea for the newsletter to spotlight people at the Airport, and to have information on the bulletin board about the area. Hartwig also noted that he has talked with Tharp about directional signage at the Airport. Farris spoke briefly about the shelter area, stating that they are attempting to get the foundation poured and the posts installed in this season. He also noted that the information that Tharp gathered for the Council candidates was very helpful, and he thanked Tom for the tour. Horan noted that at 9:30, September 14, Dave Loebsack will be at the Airport for a press- type meeting, to explain the runway extension, and what the federal money does for the community. Horan also noted that in regards to hangars, leases, and the review, he would like to see Tharp publish this when he goes through each hangar. He stated that for this year their hangar policy is in place. Horan stated that he did some calling around to see what it costs to store a car or a boat, on a monthly basis. He stated that he is concerned about any hazardous materials that may be stored in hangars, but that he feels they shouldn't work too hard on this policy. k. Staff Report - Tharp noted that the FAA conference is in October, the 2nd and 3rd in Kansas City. He will be attending, and asked if any other Members would like to join him. He briefly gave a run-down of the conference schedule. Rettig next brought up the topic of the parking policy, and stated that she would like to see this project finished as she is seeing vehicles that need to be removed, and also the room rental policy that they previously discussed. Dulek noted that the easement issue is on the City Council's upcoming meeting agenda, as is the public hearing' regarding this. SET NEXT REGULAR MEETING FOR: September 24,2007 at 5:45 P.M. budget meeting; and regular meeting is October 11, 2007 at 5:45 P.M. ADJOURN: Meeting adjourned at 7:55 P.M. CHAIRPERSON DATE 5 Airport Commission September 13,2007 Page 6 of6 Airport Commission ATTENDANCE RECORD YEAR 2007 (Meetin!! Date) TERM 1/11 2/8 3/8 3/28 4/12 5/10 5/15 6/7 6/8 6/28 7/9 7/19 NAME EXP. Randy Hartwig 3/1 109 X X X X X X 0 X X X X X Greg Farris 3/1 /13 DIE X X DIE X X X X DIE X X X John Staley 3/1 II 0 X X X X X X 0 X DIE DIE X X Howard Horan 3/1/08 X X X X X X X X X X X X Janelle Rettig 3/1 /12 X X X X X X X X X X DIE DIE TERM 8/1 819 8/13 9/5 9/13 NAME EXP. Randy Hartwig 3/1/09 X X X X X Greg Farris 3/1 /13 X X X X X John Staley 3/1 /1 0 DIE X DIE DIE DIE Howard Horan 3/1 108 X X X X X Janelle Rettig 3/1 /12 DIE X DIE DIE X KEY: X = Present o = Absent DIE = Absent/Excused NM = No meeting --- = Not a Member 6 em: MINUTES Iowa City Airport Commission September 24, 2007 Iowa City Airport Terminal- 5:45 PM FINAL Members Present: Howard Horan, Chair; Randy Hartwig; Greg Farris; Janelle Rettig Members Absent: John Staley Staff Present: Michael Tharp Others Present: Larry Swanson; Dan Yeager; Forrest Holly; Leslie Bingham; Phillip Woolford DETERMINE QUORUM: The meeting was called to order at 5:46 P.M. by Horan. PUBLIC DISCUSSION: Horan asked the attending public to give comments, or ideas they had come with. Swanson addressed the commission and gave a brief summary of his background. Swanson commented that he felt the communications coming from the airport were well done, and that he was being kept informed of projects and plans that the airport has. Holly commented on his desire to see WAAS approaches at the airport. Holly also commented that he's glad to see the airport commission attempting to increase the community stake in the airport. He also commented that he appreciated the development of the airport viewing area and hoped the commission would continue its activities. Yeager commented his desire to see the airport commission create more hangar space. He also commented that increasing the public awareness and ability to use the airport should be a priority. Yeager commented his desire to see a sidewalk system out to the airport as well as along the airport road. Rettig commented that there is a trail system planned for the area surrounding the airport however in the recent years its been unfunded. Yeager commented that making the airport a destination stop on the trail system would be a possible way to increase the non-aviation public's use of the facilities. Yeager also commented that a web cam at the airport could be used to show activity through the internet and be another way to increase public awareness. ITEMS FOR DISCUSSION/ACTION: 1. Budget Work Session - FY 2009 and future Operation and Capital Improvement Plan Budgets - Horan asked each commissioner to speak 1 Airport Commission September 24, 2007 Page 2 of 4 regarding their thoughts of projects the airport commission should consider as they prepare future budgets. Hartwig commented that he divided his lists among airfield (runway) and landside projects. He commented that continuing with the FAA planned projects. Hartwig note that the airport is still continuing its study regarding the south land and that the interest in preserving land for the grass landing runway is still there. Hartwig noted that other projects that he'd like to see considered include a bike path/trail, continuing the replacement of access doors on Hangar C, continuing the currently budgeted areas, such as fencing and pavement repair. Screening for the dumpsters so they are not visible to taxiing aircraft. Hartwig also noted that some other external security cameras to monitor areas of the airport would benefit security. Hartwig also noted asphalt areas around building D. Hartwig commented on aircraft space needs stating he felt the airport should consider some hangar space similar to Building F. Rettig commented on mechanical issues. Rettig stated that the air condition unit annual has repair issues and feels that a closer study needs to be done on the system. Rettig commented that the commission should look at all the mechanical items and figure out where they are in their life span and program some replacement costs. Rettig commented that she'd like to see landscaping work done in the areas around the terminal and replace our fencing around the outside perimeter that is viewable to the general public. Rettig commented that she'd like to see the conference room used more, and any necessary seating should be obtained. Rettig also commented that the commission should focus on hangar space needs and finding a way to increase the space needs that are currently in demand. Rettig commented about wildlife mitigation and the pond behind Wal-Mart. Rettig asked if there was something that could be done regarding this area. Farris commented regarding lighting around the apron. Farris commented he'd received requests to look at extending wireless internet to the hangar areas, for tenants to do flight planning and weather retrieval. Farris commented that continued work on the viewing area should be considered. Horan noted that a maintenance building for the airport equipment should be considered. Horan noted that he also felt a large hangar would be appropriate. Horan commented the potential about rehabilitation of the south end of 18/36 as a possible taxiway or service area. Horan questioned about the willow creek study and would some of those costs be funded by the airport. Horan also commented about a taxiway route to the north commerce park for potential development of an aeronautical enterprise. Horan noted that the 12-30 parallel taxiway wasn't in the FAA plan and that he felt it should be. Rettig discussed the potential for leasing the new hangar to the FBO and Woolford responded that Jet Air would be interested in renting the facility. Rettig asked that about the status of the National Guard. Tharp noted that he'd like to see the commission continue the rehabilitation of pavements that have been ongoing noting the areas that have been replaced and the 2 Airport Commission September 24, 2007 Page 3 of 4 areas that could still need attention. Tharp commented he felt there is a market for new space. Tharp also commented that maintenance staff has requested the purchase of a larger mower blade in order to cover more ground, and to mow the increased amounts of land that are being put back into grassland. Woolford commented regarding a second lighted windsock located in the southern area for aircraft to be able to view. Horan asked for a consensus on what would be in the capital budget for the next fiscal year. The Commission agreed that the capital budget expenses should be focused on a large hangar and that they should be able to budget some money for the operational items that had been proposed. ADJOURN : Meeting adjourned at 8: 15 P.M. CHAIRPERSON DATE 3 Airport Commission September 24, 2007 Page 4 of 4 Airport Commission ATTENDANCE RECORD YEAR 2007 (Meetin!! Date) TERM 1/11 2/8 3/8 3/28 4/12 SilO 5/15 6/7 6/8 6/28 7/9 7/19 NAME EXP. Randy Hartwig 3/1/09 X X X X X X 0 X X X X X Greg Farris 3/1 /13 OlE X X OlE X X X X OlE X X X John Staley 3/1/10 X X X X X X 0 X OlE OlE X X Howard Horan 3/1/08 X X X X X X X X X X X X Janelle Rettig 3/1 /12 X X X X X X X X X X OlE OlE TERM 811 8/9 8/13 9/5 9/13 9/24 10/11 NAME EXP. Randy Hartwig 3/1/09 X X X X X X Greg Farris 3/1 /13 X X X X X X John Staley 3/1/10 OlE X OlE OlE OlE OlE Howard Horan 3/1 108 X X X X X X Janelle Rettig 3/1/12 OlE X OlE OlE X X KEY: X = Present o = Absent OlE = Absent/Excused NM = No meeting -- = Not a Member 4 FINAL/APPROVED POLICE CITIZENS REVIEW BOARD MINUTES - September 11, 2007 Gm: CALL TO ORDER: MEMBERS PRESENT: Chair Michael Larson called the meeting to order at 5:30 p.m. Elizabeth Engel, Loren Horton, Donald King, Greg Roth MEMBERS ABSENT: None STAFF PRESENT: Staff Kellie Tuttle, Legal Counsel Catherine Pugh (5:36 p.m.) STAFF ABSENT: None OTHERS PRESENT: Captain Tom Widmer of the ICPD; City Attorney Eleanor Dilkes; City Clerk Marian Karr; UI Journalism Student, Megan Eatough; and public, Caroline Dieterle and Dean Abel RECOMMENDATIONS TO COUNCIL None. INTRODUCTION OF NEW BOARD MEMBER Donald King introduced himself and gave a little background about himself to the Board. CONSENT CALENDAR Motion by Horton and seconded by Engel to adopt the consent calendar as presented or amended. . Minutes of the meeting on 07/10/07 . ICPD General Order 95-04 (Administration of Department Training) . ICPD General Order 98-02 (Policy and Operating Procedures Manual) . ICPD General Order 99-07 (Traffic) . ICPD General Order 00-04 (Body Armor) . ICPD General Order 00-05 (Off-Duty Conduct: Powers of Arrest) . ICPD General Order 01-04 (Bomb Threats/Emergencies) . ICPD General Order 01-05 (Officer Involved Shootings/Lethallncident Investigations) . ICPD General Order 07-01 (Patrol Rifle) . ICPD SOG 07-01 (All Hazards Plan) . ICPD Department Memo 07-31 . ICPD Use of Force Report (May 2007) . ICPD Use of Force Report (June 2007) . ICPD Use of Force Report (July 2007) Horton had a question on General Order 95-04 on the last page letter 0 regarding the definition of "biased based contacts". Widmer explained that what that means is if someone was pulled over based on race or gender. A contact made on bias only. Motion carried, 5/0. OLD BUSINESS None. PCRB September 11 , 2007 Page 2 NEW BUSINESS PUBLIC DISCUSSION BOARD INFORMATION STAFF INFORMATION Select Nominatinq Committee - Motion by Horton, seconded by King to have Roth and Engel serve on the nominating committee. Motion carried, 5/0. Update on addition of PCRB Charter Amendment to November ballot - City Clerk Marian Karr and City Attorney Eleanor Dilkes updated the Board on the addition of the PCRB Charter Amendment to the November ballot and what impact it would have on the Board. Caroline Dieterle expressed that she had come to the meeting to be sure the Board knew about the amendment on the ballot and that she is a strong supporter of the PCRB. Dean Abel thanked staff for the clarification on and preparing the memo regarding posting of meetings. He also asked if the Board had questions regarding General Orders, when they would ask. Larson clarified that when the Board has questions they ask them at the meeting, in open session, before they vote to adopt the consent calendar. Horton and Larson announced they would not be able to attend the October 9th meeting. Tuttle announced that the 2-yr Council review of the PCRB will be on the September 1 yth City Council work session agenda. In the past a Board member has been in attendance at the meeting to answer any questions Council may have, although it is not mandatory for someone to be there. Larson will check his schedule and get back to staff. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) . October 9,2007,5:30 PM, Lobby Conference Rm (Rescheduled to October 16) . October 16, 2007, 5:30 PM, Lobby Conference Rm . November 13, 2007, 5:30 PM, Lobby Conference Rm . December 11,2007,5:30 PM, Lobby Conference Rm . January 8, 2008, 5:30 PM, Lobby Conference Rm Motion by Horton, seconded by Roth to reschedule the October 9th meeting to October 16th due to scheduling conflicts and possible quorum issues. Motion carried, 5/0. ADJOURNMENT Horton announced that he will be unable to attend the December 11th meeting. Motion for adjournment by Engel and seconded by King. Motion carried, 5/0. Meeting adjourned at 5:54 P.M. POLICE CITIZENS REVIEW BOARD ATTENDANCE RECORD YEAR 2007 D , , TERM 1/9 1/16 2/13 2/22 3/13 3/29 4/10 5/7 6/12 7/10 8/14 9/11 NAME EXP. Candy 9/1/07 X X NM OlE X X DIE X NM DIE NM --- Barnhill Elizabeth 9/1/08 X X NM X OlE X X X NM X NM X Engel Loren 9/1/08 X X NM X X X X X NM X NM X Horton Greg Roth 9/1/09 X OlE NM X X 0 X 0 NM X NM X Michael 9/1/09 X DIE NM X X DIE X X NM X NM X Larson Donald King 9/1/11 --- --- --- --- --- --- --- --- --- --- --- X te) f (M x = Present o = Absent OlE = Absent/Excused NM = No meeting --- = Not a Member KEY MINUTES FINAL I 4Ib(9) Youth Advisory Commission September 24, 2007 Lobby Conference Room, City Hall Members Present: Members Absent: Others Present: Keranen, Nelson, Segar, Weeks, Green Bleam City Clerk Marian Karr, City Council Liaison Amy Correia Call to Order: Meeting was called to order at 7:06 P.M. Approve Minutes: Motioned by Weeks, seconded by Segar. Approved 5-0. Introduction of new member: Hannah Green introduced herself as the new commissioner from Regina High School. She fills a 15-17 year old position and will serve a term that expires on December 31, 2009. All present introduced themselves to Hannah. Report from the Website Subcommittee: Nelson reported that he had posted a trial advertisement for the Youth Empowerment Grant on Facebook in the University of Iowa network. The ad was posted for three days with 5,000 views. The Commission agreed to continue advertising through Facebook. Nelson agreed to post advertisements to the University of Iowa network, and to prepare instructions for how to post advertisements for other commissioners to use. Keranen agreed to post advertisements in the Iowa City West High and Iowa City High networks. Green agreed to post advertisements in the Regina High School network. Karr stated that commissioners need to provide her with receipts in order to be reimbursed for the advertising costs. Karr asked that all commissioners update their biographies for the webpage. Youth Advisory Commission September 24, 2007 Page 2 DRAFT Report from Grant ProqramminQ Subcommittee: Keranen asked the commissioners to take printed advertisements with them to post around Iowa City. The commission agreed that high school newspapers would be good media for advertising the program. Keranen will handle the advertising in West and City High newspapers, and Green will handle Regina High. No applications have been received for the Youth Empowerment Grant. Keranen noted that meeting with student groups to explain the program and provide applications would be productive. Nelson noted that the program had been receiving publicity in a story in the "Daily Iowan" newspaper. Correia noted that there was a short article about the program printed in the "Iowa City Press- Citizen", and Keranen noted that there was a longer story printed earlier. Keranen also recapped the KXIC radio show about the program. Public Discussion: None. Council Liaison Information: Correia noted that Iowa school districts were going to be holding an off-year Iowa Youth Survey in October. It will be an abbreviated version delivered via computer. It asks questions about youth issues, including alcohol, drug use, and family issues. The commission agreed to examine the results when they become available. An nou ncements/l nvitations: Karr noted that it has been officially announced that a 15-17 year old position currently held by Keranen and an 18-21 position held by Bleam will be open at the end of the calendar year. Applications will be taken until October 31, 2007. The 18-21 position formerly held by Stubbers is open immediately and applications will be received until October 10. Future Meetinq: Monday, October 22, 7pm in the Lobby Conference Room at City Hall. Youth Advisory Commission September 24, 2007 Page 3 DRAFT Parks. Recreation. and Trails Master Planninq Process Update: The focus group held on Wednesday, September 19 was discussed. Approximately 10 youth participated in the event, counting the Y AC participants. It was noted that it was difficult to reach the contacts by telephone. Some of the ideas discussed included: . Indoor driving range . Water park . Transportation to regional ski resorts . Teen night club . Smoke-free bowling alley Karr noted that the University used to provide a bowling alley for students that was popular. Additionally, the one hour length of the youth focus group was shorter than those held targeted at adults. However, the consultants noted that this is typical and a product of the differences in how youth discuss their ideas. Citizenship Awards Representation: Members chose the following dates to assist in presenting the awards. The award is the first item on the agenda at city council meetings, which start at 7 P.M. . Roosevelt Elementary - October 2 - Nelson . Weber Elementary - October 16 - Keranen . Mark Twain Elementary - November 5 - Keranen . Lincoln Elementary - December 11 - Segar . Regina Elementary - February 19 - Green . Additional dates will be chosen at future meetings. Weeks would like to present for Horn Elementary if there is a date. MeetinQ Adiournment: Moved by Weeks, seconded by Segar. Approved 5-0. The meeting was adjourned at 7:40 PM. Minutes prepared by Nelson. DRAFT Youth Advisory Commission September 24, 2007 Page 4 YOUTH ADVISORY COMMISSION ATTENDANCE RECORD YEAR 2007 (Meeting Date) 9/24 8/22 7/25 7/18 5/30 4/25 3/21 2/21 1/17 TERM EXP. 12/31/07 NAME x o x x x x x x x Audrey Keranen - Sarah x x x x OlE x x 12/31/07 Ziegenhorn Un Weeks x x x OlE x OlE x x x 12/31/08 x x x x x x OlE x x 12/31/08 David Segar o x o x OlE OlE x OlE x 12/31/07 Maison Bleam Jacquelme Stubbers OlE OlE x OlE OlE x x 12/31/07 x x x x x OlE x x x x 12/31/08 12/31/09 Michael Nelson Hannah Green x = Present o = Absent OlE = Absent/Excused NM = No meeting = Not a Member KEY m APPROVED MINUTES PLANNING AND ZONING COMMISSION OCTOBER 4, 2007 - 7:30 PM EMMA J. HARVAT HALL - CITY HALL MEMBERS PRESENT: Wally Plahutnik, Terry Smith, Beth Koppes, Ann Freerks, Charlie Eastham, Bob Brooks, Dean Shannon STAFF PRESENT: Bob Miklo, Karen, Howard, Sunil Terdalkar, Sara Greenwood OTHERS PRESENT: Tom Gelman, Randy Bruce, Karl Madsen, Ronald Kenan, Janice Batts Pesselnick, Charlotte Walker, Duane Musser, Mike Pugh, Bev Johlin, Jay LeaVesseur, Brad Ruhland, Sandy Ruhland, Charlotte Bailey Call to Order: Freerks called the meeting to order at 7:34 pm. Public Discussion of Anv Item Not on the Aqenda There was none. Rezoninq Item REZ07-00014: Discussion of an application submitted by Big Ten Rentals for a rezoning from Central Business Support (CB-5) zone to Central Business (CB-10) zone for approximately A8-acres of property located at the northwest corner of Linn Street and Court Street. (45-day limitation period: 10/29/2007) Howard said additional information that had been requested during the informal work session and e-mail correspondence that had been received since the informal work session had been distributed to the Commissioners prior to the start of the formal meeting, The applicant proposed to build a twelve-story building with one floor of commercial, 11 floors of residential for a total of 132 apartments which would contain a total of 430 bedrooms. 82 structured parking spaces would be located at and below grade. The property slopes up from east to west. The Comprehensive Plan for this area is the Near Southside Plan, which was adopted in 1992, It was amended in 2006 when the City was considering the Hieronymus Square Project. The Plan was amended to state that either CB-5 or CB-1 0 zoning were appropriate between Court and Burlington Streets, based on the property providing a logical extension of the downtown and adequate services for the density proposed. Justification for this change included to encourage redevelopment of the area between Burlington and Court Streets which would reduce redevelopment pressure on the downtown core which already had the desirable pedestrian scale and historic buildings; and to diversify the mix of housing opportunities in the downtown area to create more of a balance between University students and others who might enjoy the amenities of living downtown. It was felt that the mix of residential would support a diverse mix of commercial in the downtown area and to help it be a diverse and vibrant downtown area. Requirements of the Conditional Zoning Agreement for the Hieronymus Square Development based on their request for a rezoning from CB-5 to CB-10 included a minimum of two floors of commercial; a maximum of 200 dwelling units with a mix of studio, one- and two-bedroom apartments; no more than 30% of the units could be three-bedroom; and no apartments could contain 4- or 5-bedrooms. A minimum of 80 parking spaces had to be provided on site. A parking impact fee had been paid on the remainder of the required parking spaces based on the CB-5 standard. They had also been required to install a landscaped courtyard which served to maintain some open / green space, a loading and unloading space behind the building and a design review had been required for the building itself. As proposed, the subject property at 228 E. Court Street would contain 11 studio apartments, 11 one- bedroom, 4 two-bedroom, 35 three-bedroom, 60 four-bedroom and 11 five-bedroom apartments. 106 out of Planning and Zoning Commission October 4, 2007 Page 2 132 units would contain three bedrooms or more which constituted 80% of the apartments as large apartments. Howard explained the Residential Density Comparisons chart which listed recent apartment developments in the CB-5 and CB-10 Zone and compared the residential densities of the proposed project with other high density apartments. The table indicated that the proposed density of this project was approximately 895 bedrooms per acre compared with the densest projects built to date in downtown Iowa City, which ranged from 72 bedrooms per acre up to 336 bedrooms per acre, indicating this the proposed density was significantly higher than anything built to date in Iowa City. Howard said one of Staff's main concerns was the proposed increase in intensity for this building as opposed to other CB-1 0 zoned buildings and a concern about whether the amenities on this site and in this area of the City could support that increase in intensity. There was also the question as to whether that is what the CB- 10 zone was intended for. Other recent rezonings were required to provide a different mix of residential units that would encourage a diverse population of residents in the downtown area, Staff was concerned about the mix of units and intensity in the building, and that the living space in the apartments did not really increase as the number of bedrooms/persons living in the apartment(s) increased. Staff was concerned about how the lack of living space and shared common areas within the interior of the building would function to meet the needs of the approximately 430 residents proposed for this building. Commercial: The proposed building would have only one floor of commercial. The CB-10 Zone contains a number of requirements to ensure that the space would be suitable for a variety of uses and to ensure pedestrian friendly orientation so that it would be similar to the rest of the downtown. The proposed building contains quite a few of the required elements including storefront windows which allowed viewing into the stores, prominent entrances, entrances that were at level with the sidewalk however some of the commercial spaces did not meet the minimum floor to floor 14-foot height requirement. Staff felt that issue could be remedied. Due to the slope of the site from west to east, increasing the height of the second floor would ensure usable storefronts along Court Street and provide an additional "mezzanine" level along Linn Street. Parkinq: Howard said to insure adequate parking was provided for properties rezoned to CB-10 and to treat residential development equitably with CB-5 properties that had or would pay the parking impact fee in the Near Southside, Staff continued to recommend that any properties south of Burlington Street rezoned to CB- 10 be required to pay the parking impact fee as if they were in the CB-5 zone. For this property, 82 parking spaces on site were proposed, 309 parking spaces would be required for this building so the applicant would pay a parking impact fee for 227 spaces. Staff also recommended that a minimum of 1 secured on-site bicycle parking space per apartment be required due to the number of people who would be living in the building, the close proximity to downtown and to the campus. Adequacy of Shared Parkinq Facilities in the Area: As requested by the Commission, the transportation planning staff put together a memorandum regarding estimated parking demand in the 0-5 year future due to recent and proposed redevelopment in the south-of-Burlington street neighborhood. Parking demand from recently constructed buildings and from buildings that are currently under construction is estimated at approximately 390 spaces net increase. As proposed, the parking demand for Hieronymus Square, for 301 S, Dubuque and for the subject property at 228 E. Court, is estimated at an additional approximate 650 spaces. These numbers showed there is a clear need for a commitment to build a new parking facility in the next 5 years to support any rezonings to CB-10 in the Near Southside. Buildinq and Streetscaoe Desiqn: There is a commitment to quality design and pedestrian oriented streetscape in the downtown area. Staff recommended that if rezoned to CB-1 0, the applicant be required to improve the streetscape to meet downtown standards including a minimum 10-foot sidewalk width with decorative paving, street trees, trash receptacles, benches, and landscaping. Staff felt that the proposed exterior design was attractive and would meet the standards expected for building(s) in the CB-10 in the central business district. However, staff had a concern about the proposed balconies over the rear courtyard which would be isolated from public view and had the potential to become an attractive nuisance. There had been problems with similar buildings with private courtyards and things being thrown out the windows and high numbers of police calls to that building, Staff recommended disallowing balconies over the proposed rear courtyard, Planning and Zoning Commission October 4, 2007 Page 3 Summary: In 2006, the Comprehensive Plan was amended to allow the extension of the CB-10 zone within the Near Southside Development Area. Staff felt that provided that a new development proposed for CB-1 0 zoning balanced the issues of apartment mix, commercial storefront design, parking, building/streetscape design in a manner that supported a pedestrian accessible, economically vibrant downtown commercial area, such rezoning might be justified. As presently proposed, Staff felt that this application fell short of meeting the goals for rezoning to CB-10. Of significant concern was the proposed apartment mix with a preponderance of 3-, 4-, and 5-bedroom apartments without sufficient services or surrounding amenities to support the proposed residential intensity which would have the potential to cause spillover nuisances for adjacent properties and would further imbalance the housing mix and population in downtown Iowa City. Staff recommended that REZ07-00014 be denied unless the project was modified to address the concerns identified in the Staff Report. Public discussion was opened. Tom Gelman, attorney for the applicant, 714 McLean Street, said that Big Ten Rentals, LLC, a Wisconsin limited liability company, is owned by Karl Madsen, Jim Cochran and Mike Fischer. The Madison, Wisconsin company primarily provides housing for University of Wisconsin students. The recent change to the Near Southside Plan had facilitated this application. The Hieronymus Square project was designed to provide a diverse mix of uses and had received TIF assistance of up to $16.7M, The 301 S. Dubuque project also provided a mix of uses and may be aided by up to $6M in TIF assistance. At this point in time, the applicants for this project were not seeking assistance from TIF funding and therefore might not be able to provide the same type of design considerations, Gelman said the question of residential mix for a particular geographic area was an important question. Consideration needed to be given to whether every building needed to have a mix of units or whether the desired residential mix in the downtown could be accomplished generally without requiring the mix in every building. In other words, could the desired outcome be accomplished by having multiple buildings with a single type of housing within each as opposed to every building having to have a mix of residential uses within it. Could the same objective be achieved through multiple buildings each having a different type of housing? The parking issue needed to be addressed. It had previously substantially been addressed by two important factors: 1) the Near Southside Parking Facility district which imposed an impact fee within this area which enabled the City to accommodate parking needs through municipal facilities. This had been seen to work very effectively in the new facility south of Burlington Street. 2) The precedent established by the CZA for the Hieronymus Square project which required an equivalent of CB-5 parking requirements to be met through either providing a percentage of parking on site and contributing to the Near South Side Parking Facility District fund, Gelman said because of the timing of the development(s) of the proposed project(s) short-term parking issues might arise but with the implementation and the integration of the two strategic methods by the City over the long term the parking demands should resolve themselves. Gelman said considerations during this evening's meeting should be about long-term issues, not short term, Some of the issues raised regarding this project might be beyond the scope of the Planning and Zoning Commission, He urged the Commission to bear in mind that this was a zoning request and not a site plan review, not a building permit request and not a Code enforcement review. The focus on this application should be two fold 1) changing the use for this particular parcel from CB-5 to CB-10 and 2) what reasonable and realistic conditions might be implemented through a CZA to facilitate a CB-10 use and to preserve reasonable community interest while also being responsive to the pragmatic concerns and limitations of development, particularly development without TIF financing. Gelman said this site could be developed under the current CB-5 zoning. An important consideration was whether a failure to reach a consensus to permit CB-10 zoning would constitute not only an opportunity lost not only by the developers but more importantly a significant opportunity loss for the community, The rationale for modifying the Comprehensive Plan was to allow CB-10 in this 3-block limited geographic area because it made sense for the community to have CB-10 facilities, If this site was developed as a CB-05 site, the City would incur a significant long term lost opportunity for CB-10 facilities within this small geographic area which had been set aside for that purpose. Planning and Zoning Commission October 4, 2007 Page 4 Randv Bruce, 7601 Granite Court, Madison, WI. architect who had worked with the applicants on a number of projects, Bruce said the majority of the first floor outside perimeter would be commercial space. Parking at surface level would be at the rear of the building. They had a better understanding regarding the required floor to ceiling heights and felt it could be met. Bruce said he looked forward to doing additional work on the outside of the building to improve the streetscape to City's standards, Much of the downtown area had turned out quite nice and the proposed facility could be a great addition as well. Bruce said in response to concerns raised at the informal meeting regarding a passenger drop-off site, he felt they could create a pick- up/drop-off site at the rear of the building using the existing alley. There was a full 8-foot grade transition on the property, The building's base exterior would be a cast stone or limestone integrated with brick, metal canopy and expansive areas of store-front glass. They wanted to create a rich, permanent feel to the building. Floors two through ten would be essentially all brick, window openings would be stone sills and stone heads. Most units would have balconies which in the Madison area had not proven to be a negative in terms of the management or enforcement of the balcony areas, Another stone band would be introduced which created a stopping point for the eye and added interest to the building and created more texture. At the top of the 10th floor the building stepped back considerably and exterior materials would change to pre- cast panels of smoother texture and lighter color. It would be a beautiful feature on the sky-line. Garage entrance would be at grade, a ramp going down would transition to parking below the entire building and would ramp down one more floor level to provide 82 parking spaces enclosed within the building. The patio area was intended to be a private area for those apartment balconies opening onto it; it was not intended to be used for large gatherings or public space. Bruce showed interior and exterior photos of actual buildings they had constructed in Madison. The demand for parking for parking within their buildings in Madison regarding parking was very different than what is predicted by reported by the transportation. Bruce reviewed the "Unit Breakdown of Applicant's Recent Student Apartments" document; in Madison they had found the actual market demand to be one parking stall for every 5-bedrooms. Translating the one stall per 5-bedrooms to the proposed 430 bedroom Court Street building would equate to a demand count of 78 parking stalls, 82 parking stalls would be provided on site, which they felt would meet true market demand, Bruce said they understood that additional parking stalls would be provided via the parking impact fee, which they'd calculated at approximately $6100/space or $1.4M generated by the 12-story building. As a CB-5 building, the parking impact fees generated would be approximately $400,000, The applicants felt the parking impact fee would be a benefit for Iowa City as they didn't believe their tenants would be generating the demand for those stalls, therefore it would provide additional parking spaces for the general commercial public and the fee would assist the City in the construction of a new parking ramp. Bruce said the CB-10 zoning would allow them the economics to build a higher quality architecture than would be allowed with CB-5. The structure would be concrete frame with a useful life more than double that of a CB-5 building. Because of the concrete frame and the clear spans allowed with it, it would have re-use potential. They'd designed the building so that if student housing didn't become viable they could renovate it into market rate condominiums or apartments, CB-10 zoning would allow them to do a higher level of architecture, build a better quality building and to make an investment in Iowa City's architecture. They looked forward to that opportunity. Bruce said approximately 5-years ago the city of Madison had begun a trend to encourage the construction of student housing in the downtown similar to the photos they had shown and to the project they were proposing for Iowa City. It had been very successful; he thought Iowa City was starting to initiate the same type of trend. By increasing the density of the downtown you were able to bring the users closer to the location to the services they were looking for, Le, bringing the students closer to the campus. All amenities including restaurants, shopping, libraries were reachable by walking or biking which served to take quite a bit of the load off the general traffic demands of the city and was an environmentally more sensitive way to develop. Such density development took the demand for sprawl off the edges of the city and would allow the next ring of more historic neighborhoods in Iowa City to transition back to more traditional owner occupied neighborhoods. In Madison it was currently allowing young families to move back into houses that had previously been student housing and turn those neighborhoods back over to what they had been post war, Bruce said they looked forward to bringing this high quality of housing to Iowa City and hoped that it would add to the mix of uses within the downtown. Planning and Zoning Commission October 4, 2007 Page 5 Karl Madsen, Madison, WI, project developer. Madsen said he agreed with Howard's presentation regarding justifications for the increase in zoning from CB-5 to CB-10. 1) To encourage re-development in this area. 2) To have a diversity of mix, He asked what would be an appropriate mix and did it need to occur in every building at every level. Madsen said the developers felt that it did not. The Hieronymus project was successful because of the reasons it had been approved under. They were not looking to duplicate that development or be approved under those conditions. 3) Residents sufficient to support the commercial in these areas. Density had been highlighted as being potentially more significant than in other projects, they felt that density was critical to the success of their project. Madsen thanked City Staff for working with them but said they respectfully disagreed with Staff's assessment and overall message regarding their proposed mix, This project did have 80% in 3-bedrooms and higher, in Madison they had 60% of their units in 3- and 4-bedroom units, a mix which worked for them economically. The economic impact of the commercial, the fact that they were paying a significant Parking Impact Fee and that they were not seeking public assistance in financing set them apart. Madsen said they had approximately 3,000 square feet of community space designed into their structure to provide recreation amenities for the residents of their project. Freerks asked what was the square footage of community/recreation space in the other buildings that they had built? Madsen said they'd provide that information to the Commission. Koppes asked Madsen to define what he considered as community space within the proposed facility, did it include the court yard, Madsen said it would be both interior and exterior space, he didn't know if the courtyard had been included or not. Randy Bruce said a central common space was the farthest they had developed. They knew they wanted to devote a certain area to the common facilities including office and management space, lobbies and perhaps a study space on the Court Street elevation. Eastham asked for further explanation as to the rationale regarding bedroom size, why didn't they have an 8- bedroom apartment in this building? Why was 5 the upper limit, why couldn't 4 be the upper bedroom limit? Madsen said the economic bottom line of a 5-bedroom unit was better than the economics of a 2-bedroom, Eastham asked if it affected the price that each occupant paid. Madsen said not significantly; however, in a studio it would significantly effect how much a person paid for their living space as opposed to living in a 3-, 4- or 5-bedroom unit. Eastham asked if Madsen had any information on the social effect of students living in a 5-bedroom space as opposed to living in a 4- or 3-bedroom space. Did they have any management experience in terms of? Madsen said they did have management experience in 4- and 5 bedroom units. They'd invested upwards of $200,000 dollars in a surveillance system. Staff had expressed a concern regarding the concealed courtyard and lack of it being open to public visual surveillance and the potential for students using bad decision making, Their experience with student housing had been that instances did happen. Their surveillance system encompassed all open common space whether it was interior or exterior. They had surveillance systems, motion sensors which activated cameras in locations such as elevators and hallways. The information was transmitted to a system that could store it for up to two weeks. When there were problems they were able to confront the students directly or involve other agencies as the situation warranted to deal with the problem at hand, He didn't have empirical data about group living studies. Eastham asked if the rental code provisions in Madison were significantly different than those in Iowa City with respect to management requirements and all the items that communities were concerned with in terms of enforcement and provisions. Madsen said he had not done a point by point comparison, Their management practices would be similar to those they utilized in Madison. They would take an active approach, They didn't have the structured facilities in place just to deter the students from making bad decisions, they were also in place because it was a significant long term investment for the project partners that they wanted to protect. Eastham said the applicant's first speaker had suggested that some of the concerns raised by Staff regarding the mix of bedroom sizes might be addressed by rental code enforcement or rental code application. Greenwood said she could do legal research on the issue, Iowa City City Code allowed up to 5 unrelated persons to live in one single family unit whether it was CB-5 or CB-1 0, Eastham said he didn't feel additional research was necessary but since the applicant's representative had raised rental code Planning and Zoning Commission October 4, 2007 Page 6 enforcement as a way of addressing bedroom size mix, the applicant's primary experience was in a different state and if it was significantly different how Madison managed rental properties through their rental code provisions, it might be important for the Commission to know those items. Smith asked Madsen if he was willing to disclose what type of investment the applicants would be making in the Iowa City community. Madsen said it would be more than twenty-million dollars, Freerks said in the Unit Breakdown document provided by the applicant, it stated that they had two 5- bedroom units total in their recent projects. Now they were making the leap to 11 5-bedroom units and 60 4- bedroom units, did they have experience with other buildings of this scale with 5-bedroom units? Madsen said he did not. Brooks asked what was different about Iowa City in terms of mix of bedrooms per unit. All of their existing buildings seemed to be in the 40% range averaging for 2-bedrooms or less. For the development they were proposing in Iowa City the 2-bedroom units fell in the 16% range, What was different in the market or in zoning requirements between Iowa City and Madison that they couldn't bring their historical ratio mix to Iowa City, which in turn would decrease the density per acre. Madsen said the primary differences would be the parking impact fee which they wouldn't pay in Madison, the cost of the commercial space and balancing that with the risk of the overall market. The commercial space that they had in the proposed building would be on both Court and Linn Streets because of Code requirements. The proposed commercial space was proposed to be a Dominos; he'd prefer not to have another Dominos, Pappa Johns or liquor store in the frontage of their building. They would like to do something significantly different, the more they eroded the economics of their project the closer that they'd be to the product that already existed in Iowa City. Madsen said that he wasn't saying that that was necessarily bad, but he didn't see the need for another liquor store or similar commercial venue in downtown Iowa City. Eastham said a previous speaker had mentioned that the increased density in downtown Madison had decreased the demand for student living space in near-by neighborhoods. Eastham asked for additional data if the applicant had it. Madsen said they had no empirical data. Through conversations and based on the experience of having 15 or 20-showings in a building to all of a sudden no one coming to view units to the next year the building being put up for sale, that was their knowledge. Comments from the Madison Planning Department supported their statements. To the extent possible they'd get empirical data, Brooks said his knowledge of Madison, students, parking, and drivers there was very different than that of Iowa City. In Madison mopeds almost out numbered people. In Iowa City that was not yet seen. In Madison there was very limited student storage or any storage for parking vehicles in downtown which might create a different culture about bringing vehicles to Madison campus than existed in Iowa City. The applicant's data regarding demand might be applicable to Madison, but he was comfortable with Iowa City Staff's parking demand data. When the Zoning Code had been re-written, there had data which had addressed that issue, Madsen explained one difference is that Madison does not allow on-street parking in the downtown areas. Parking permits were not issued to residents. This was a way to curb the appetite for bringing (residential) vehicles to the downtown. Ronald Kenan, resident of Capitol House apartment and member of the Iowa City Citizens Community Organization, a grassroots community advocacy organization and member of Johnson County Green Party. He questioned what and why the use of 5-bedroom apartments, was it to encourage students to go into the subleasing business for themselves. The proposed building was to be built on a tiny lot and would be two times taller than any of the surrounding buildings. For the residents of Capitol House it would cut off the view, the sunlight and create a mini-Chicago atmosphere, Question #1, Why wasn't there enough time for citizens to be informed prior to a developer wanting to change our community through its own change or construction application? He felt there should be a minimum two week interim period notification period prior to any City Board or Commission giving consideration to enacting any changes that would effect citizen's economics, lifestyle, and or community infrastructure in order to allow citizens the opportunity to obtain information regarding the proposed changes, provide feedback and attend meetings, Planning and Zoning Commission October 4, 2007 Page 7 Question #2, Why was the developer or developer's representative going first to the City government to get their input instead of to the citizens for their input. It was a highly anti-democracy process that excluded the public and allowed the public no time for interaction with other public private citizens to be able to discuss the changes within the community. Question #3, With any major change(s) within the City, where was the rationale that the proposed construction met any criteria for bettering our community as opposed to simply enhancing the bank account of the developer. Should there be a mandatory verification that the Community would not be adversely affected by increased property taxes, increased traffic congestion, increased numbers of temporary residents who had no interest in our community but impacted our community's living standards, the deterioration of the atmosphere and deterioration of our rural small town commercial businesses and community who struggled to not be out competed by global corporate goods and services, The City had had an onslaught of projects by developers which sought to dispose residents and enacted change in the local atmosphere that residents could not tolerate. Small businesses were under assault by high intensity businesses that overpowered their economic attractiveness and services and which also raised the property taxes of all residents and small businesses because the large scale businesses could support the increased valuations due to their non-community regional and national base. The proposed building on the corners of Linn and Court Streets is the same assault that the Sheraton Towers and hotel Vetro had imposed on the community several year ago. The Hieronymus Building was indicative of what's been sought to be obtained, the egocentric, non-compatible, non-community architecture and commercialism. None of those buildings fit in the neighborhood because of the size, the scope of their edifices were excessive to the location; none of them complied with the traditional zoning standards because they were so huge; none of them enhanced the local downtown commercial district which relied on local residents and non-community business brought in by UI students. Kenan said it was time for developers to realize that No, they could not have any right to simply build anything they wanted to in any community regardless of the community's social and commercial realm. Rights were only granted to citizens and not to developer companies. It was time to bring democracy into the situation and to tell developers that they could not change communities to satisfy their selfish egocentric wealth motives. Kenan said this project must not be allowed to be built by a change in zoning laws. The building must not be allowed to be higher than 6-stories; however, he did appreciate the architectural appearance of the proposed building. Freerks asked if notices had been placed. Miklo said notices had been sent to property owners within 300 feet and signs had been posted on the property approximately one-week prior. Janice Batts Pesselnick, Capitol House Apartment resident, said she did not plan on staying in Iowa City, she was returning to California because of the trend of development that was happening. She had resided in Iowa City approximately 20 years ago but had moved away because the City seemed to be more intent on pleasing the UI students rather than the people who resided in and were trying to earn a meager living in Iowa City. She lived at Capitol House apartments because she was disabled and had a very low income, The Capitol House building was a very nice building and had a park-like feel in the front. The residents of Capitol House were continually disrespected by students who passed by their house and who were drunk, girls were continually screaming and half dressed, males urinated on the window wells, cars in the back alley. The proposed building was a big building, students with bad-judgment was a milk toast way to phrase how students acted. The developers intended to build their building, make their money and move on. The developers were aware of how students acted, Once the building was built, the developers would have no long term interest in how the students were going to act. Was the surveillance going to be actual persons, would there be noise surveillance? Watching pictures of what happened two weeks ago was fine, but who was going to monitor the noise levels, the drunkenness, the bottles. The proposed parking and drop off area would be intrusive to the residents on that side of the Capitol House building. The exhaust from the vehicles in the alley would go right into the ground floor apartments located along the alley. None of the developer's photos or drawings indicated that there were any surrounding buildings anywhere near the proposed building. On paper they looked good but didn't acknowledge the existing people and their lives. The residents of Capitol House apartments were low income people, who'd had unfortunate things happen in their lives. The residents were scared of the proposed building. The only reason the developers were even before the Commission was because a tornado had destroyed the former historic, very nice Planning and Zoning Commission October 4, 2007 Page 8 church. They could have built this development somewhere else in Iowa City, they were taking advantage of a very unfortunate situation, Pesselnick said she thought if the proposed building was built, it would root out Capitol House apartments and it would become the location of the City's next parking ramp. She felt that the developers should purchase the Capitol House site, relocate the residents and have at it. The Capitol House apartments were a nice location for the elderly and persons who didn't walk well, They could walk to CVS pharmacy to get their prescriptions filled and take in fresh air outside of the building. It was a shame that the developers had whooshed in and were taking advantage of the church's unfortunate demise. Charlotte Walker, Capitol House Apartment resident, said the proposed building would ruin their building. Capitol House apartments mainly had elderly people; they were already surrounded by buildings with a great concentration of students. It was already hard for the elderly residents who lived there because the students threw furniture off the balconies, the broken bottles thrown off balconies and into their parking lot. Walker said she was offended that the tenants had not been notified, just the owner. There were almost 100 people who resided in the building and this would affect their lives. The developers acted like there were not people who already lived in that area, but there were. Walker said she'd followed other rezonings and the tenants had been contacted. Why hadn't they been contacted, it was over 100 people. What about the people who lived across the street, they had not been notified. Walked asked what was the intent for the existing St. Patrick's Parish parking lot and parish hall? Walked suggested that the developers take their building and put it somewhere else; it didn't belong in their neighborhood, Public discussion was closed. Motion: Koppes made a motion to defer REl07-00014 to October 18, 2007, Shannon seconded. Eastham asked if it was Staffs recommendation that this application not be acted upon until City Council acted upon committing to building another parking ramp. If that was the case, how should the Commission act upon the application before them? Miklo said Staff recommended that it not be approved until that discussion had occurred. If the Commission chose to recommend approval of the application, then it would go on the City Council. At or before the Council's approval, Staff would ask that Council make a decision regarding a parking structure on the Near Southside, Staffs advice would be, if the Council would not commit to building a parking structure, that they not approve the application REl07-00014. Smith said he was perplexed about the project before them and listening to the arguments, Smith said he was not sure that the discussion regarding the interior space was relevant to the Commission from a zoning perspective; in concept he agreed with the argument that this project was not TIF applicable because it would be just residential student housing. It was a significant difference than Hieronymus Square, With regard to parking issues, parking codes and standards had been established for minimum on-site parking requirements as well as parking impact fees. This project met those rules and requirements and it seemed apparent that this project understood the parking impact fee and there would be a $1.4M fee that would be associated with it, which was still viable to the developers, Looking at $20M dollar investment in the community, they were looking at a $300,000-$400,000 in new or additional property taxes which would go a long way toward staffing a new fire department, which Smith felt was important to the Community. Smith said he understood the concern of the density issues and not recommending approval of the current application, He wanted to look at if this application was to be approved, what would be the additional requirements or changes that the City would want to see, under what conditions and with what conditions would it be approved, outside of the bedroom or occupancy issues or density issues. Howard said Staffs biggest concern was the mix of apartments and the common spaces in the building. Staff felt that was relevant because the bedrooms would be taking up space that could be shared space for the residents of the building. The question was whether this intensity of use was supported by the amenities and services on site. Plahutnik said he saw the main crux as being the zoning, which is dependent on whether this would be a logical extension of the downtown based on adequate services for the density proposed. With respect to adequate services, a fee was not a parking space which still didn't provide the service and there was no plan Planning and Zoning Commission October 4, 2007 Page 9 as yet to provide the parking that would be required by this building. In response to a challenge from Smith that that was a City Council issue, Plahutnik acknowledged it was; he also said for Commissioners staying behind on the Planning and Zoning Commission they had to deal with P&Z issues; those who were looking to deal with City issues such as tax income could look ahead to that. The TIF issue, they could not look at whether this would be a TIF project, the Commission didn't give out TIFs, they didn't take TIFs away, and they could not consider that issue. They also didn't consider the profit motive involved in a developer's project. The Commission assumed that the developers would only go ahead with projects that would be profitable for them; it was not their job to make it so. They were considering entirely different things, the impact on the Community and how it would benefit the Community. Koppes said she'd lived in the dorms on 1 ih floor and remembered Moving In/Moving Out day. It looked like the building only had two elevators and nowhere for people to park and unload. That was very concerning as to what it would do to the surrounding area. Also, where would the commercial loading dock be? Eastham said his major issue was the mix of bedroom sizes. Several of the Staffs recommendations had to do with the viability of the commercial spaces and additional services such as bicycle parking. He pretty much agreed with Staff's recommendations. Eastham said he was struggling with what would be a reasonable bedroom mix for a downtown high rise apartment building that would mainly be marketed to students. It probably was not a bad idea to have a number of students living close to downtown, students had some advantages and some disadvantages. One of the advantages was the number of coffee shops which did not exist 5-years ago and were wonderful places for the citizens to congregate. The students brought a lot to the downtown community. Eastham said he was not sure that rental income should be the final determinant of what would be a reasonable bedroom mix, Freerks said it was a lovely building; the Commission often had to pull teeth to get something as nice looking as this building was proposed to be, However, the Commission had to look inside as well when it came to density, she personally would like to see no 5-bedroom units in this structure. The Commission needed to look at creating a viable, healthy environment all around the community. She hoped that the developer and Staff could come up with a different configuration for the bedroom mix. Freerks asked if windows were only in the bedroom units or were they in the common living space as well. Howard said that in the preliminary floor plans most of the units had balconies which were off of the living room, but the developer might be better able to answer that question. Freerks said she would like to see a definite change in the configuration of the densities of the bedrooms; she would like to see something that could accommodate different people and could live for a long period of time. Brooks asked if this remained CB-5 and using the allowable apartment size mix, what would be the base that would be allowed in CB-5 on this space. Miklo said that would be hard to do project because the Code didn't specify that you had to have a mix in CB-5; you could have all the same size bedrooms in a building. Miklo suggested looking at the table that Staff had put together, Howard said one of the considerations with CB-5 and also with parking was that for other areas zoned CB-5, developers had to provide parking based on the established ratios for parking in CB-5 zone, which had been increased in the last Code revision to meet the demand. Surface parking drove density on the lot; parking provided under or inside a building could provide more building area on a site and more density. The two newest buildings currently under construction in the CB-5 zone provided structured parking; using the Residential Density Comparisons chart, you could compare the acres of the two newest structures to the proposed building and also to compare bedroom mix per acre to get an estimate of what a CB-5 density might look like on this property. Howard said the parking impact fee only covered approximately 1/3 the cost to build a structured parking space. It gave developers quite a break rather than if they were required to meet the CB-5 zone standards. Smith asked Greenwood to advise the Commission as to how could they come to a reasonable decision as to what would be an appropriate mix when the Code allowed 5-bedroom units although most Commissioners were uncomfortable with that size of unit. Greenwood said the Commission could include conditions that would address conditions that could be/would be created by the development. The motion to defer passed on a vote of 7-0. Planning and Zoning Commission October 4, 2007 Page 10 Development Item REZ07-00015/SUB07-00007/SUB07-00008: Discussion of an application from Dav-Ed Limited & Prime Ventures for a rezoning to amend a Sensitive Areas Development Plan and a preliminary and final plat of Galway Hills Part 4, a 26-lot, 10.41-acre residential subdivision located west of Donegal Place on Galway Drive. (45-day limitation period 10/29/07) Terdalkar said at the time of the previous approval, Dav-Ed Limited had sought a waiver of the subdivision standards to allow for a 990 foot long cul-de-sac street. The waiver from the subdivision regulations was justified as it allowed development to occur closer to the top of the ridge line, thus minimizing grading of the slopes and removal of trees on the site. A sensitive areas site plan had been required and a planned development overlay placed on the site. The road had since been built and some of the foundations on the houses poured. During this period a change in the ownership of the property had also occurred, Prime Ventures is purchasing the property from Dav-Ed, the original developer. The applicants indicated that they had chosen not to use the "Good Neighbor Policy" and had not had discussions with neighborhood representatives. The applicants were requesting modifications to the sensitive areas development plan to move the construction limit lines to allow more grading of the steep and critical slopes, tree removal and reduction in the woodlands to create additional developable areas on the lots. Current buildable area available on certain lots was not sufficient for house models that the applicant wished to build in Galway Hills. With the existing construction limit lines, at least 3,300 square feet of buildable area is available on each lot. Staff advised against further disturbance of lots that contain protected slopes and/or protected slope buffers, The applicant had agreed to maintaining the existing construction limit lines on lots 10, 11, 13, 14 and 18 but was requesting to move the construction limits deeper into the regulated sensitive areas on lots 8, 9, 12, 15, 19; 20, 21 and 22 and elimination of the construction limit for lot 8. With the proposed changes, disturbance of critical slopes would increase from 30% to 34%, steep slopes 62% to 63%, and woodlands 33% to 37% when compared to the previously approved sensitive areas plan. One of the requirements of the Sensitive Areas Ordinance was to provide sufficient protection to the sensitive areas to prevent soil instability, erosion, downstream siltation, flooding, landslides and mudslides, Staff had consulted with the Johnson County Soil and Water Conservation District to asses the proposed additional impact on the sensitive areas, Staff recommended that those conditions be incorporated into the amended Sensitive Areas Development Plan, Terdalkar said Staff recommended that REZ07-00015/SUB07-00007/SUB07-00008, be approved to modify the construction limits on lots 8, 9, 12, 15, 19, 20, 21, 22 subject to the following conditions being incorporated into the Sensitive Areas Development Plan: 1. Slopes - Maintaining a consistent grade from building lots into outlots and avoiding "overfalls" from lots onto the steep slopes on the construction limits and outlots. 2. Soil quality - Amending the soil on each lot with compost, avoid compaction to create healthy soil structure that can absorb a large amount of water, decreasing erosion potential and impact on critical slopes, 3. Timber improvements - Removing invasive species and weed trees to open up the forest canopy to allow regeneration of desirable trees, light to the forest floor. 4. Planting native woodland grasses and flowers in the understory to prevent soil erosion. 5, Storm water management - Treating storm water at the lot level with infiltration based practices to reduce erosion and improve water quality, decrease amount of direct water flow onto the steep slopes and ravine. 6. Temporary construction fencing should be put in place prior to development of the individual lots to demark the construction line limits. Koppes asked where and how far had the development activity had occurred that was beyond the approved construction line limits. Terdalkar showed photographs of the site which included lot 8 (1 Q-feet beyond the construction limit line), between lots 19 and 20 (excavated soil storage beyond the limit line, tree drip line and disturbance to trees), Eastham said he'd visited the site earlier in the day; there were already foundations on lots 19 & 20, Had the existing limit lines been crossed on those lots as well as lots 11 and 12, Terdalkar said on lots 11 & 12 there was minor intrusion which could be considered a minor over site. Lots 8, 19, 20, 21, and 22 were of concern, Planning and Zoning Commission October 4, 2007 Page 11 Freerks asked how common an occurrence was this? Miklo said it had not come to the City's attention very often, if and when it had occurred. Eastham asked what were the ramifications when this occurred, what was the enforcement interaction? If the contractor didn't comply did the lot become a non-conforming lot. Greenwood said what would likely happen is the developer would be sited for a municipal infraction which generally was a fine which increased every day the infraction existed. Freerks asked if it was retro-active based on time period from day of discovery? What constituted notice? Greenwood said from date of notice, having an inspector go to the site and inform the contractor/developer that they were being cited for a municipal infraction, There would be the option of an environmental infraction. Miklo said some of the work had been done last fall when the street had been installed, The Housing and Inspection Department had an environmental specialist who met with the contractor on the site to identify where the construction limit line would be, She did a good job of making sure that the contractor understood; Staff would check with her to see what her understanding was in this particular case and report back to the Commission, Greenwood said the City could also seek equitable remedies which could require the contractor/developer to pay a fine, plant trees or other equitable remedies. Miklo said if the Commission opted to make the changes to lots 8, 22, 21, 20 and 19 then it would not be a question any more as the construction limit line would be re-established deeper into the wooded area, Eastham said lots 19 and 20 already had foundations on them. Miklo said what the Commission would be doing was to acknowledge the infraction by moving the construction line further back. Plahutnik said this looked like a case of it being better to ask forgiveness than to ask permission. Smith said there was a violation and it was being suggested to clear the violation through a change. What was the City trying to accomplish in this particular situation or were they preparing for other construction? Smith asked how the square footage had been determined and did it include a garage? Terdalkar said using the four plans submitted by the applicant, calculations did include the square footage for a garage. Smith asked if the six recommendations would not apply to lots 8 and 22. Terdalkar said the slopes on lots 8 and 22 were not steep. It would be more applicable to the steeper slopes to provide soil stability and erosion control measures. Freerks asked how the proposed conditions would be monitored and achieved as there had already been problems with what should have already been monitored. Miklo said the conditions would have to be written into the sensitive areas plan and the City Inspectors would have to verify that the conditions had been met before any occupancy permits were issued, Eastham asked Staff if they could verify that the foundations on lots 19 and 20 were not across the current construction limit line, Terdalkar said the excavation soil would likely be across the line, Freerks asked if construction fence was utilized/required for most projects. Miklo said typically not, in instances when a particular tree or area needed protection the City required it. In this case since there was already some issues about the construction limit lines being crossed, Staff was recommending it. Public discussion was opened. Duane Musser, MMS Consultants, said he had prepared the preliminary plat, amended plan and final plat. They had originally requested to modify the construction limit lines on all the lots, after working with Staff they were requesting to modify 6 lots and eliminate the construction limit line on lot 8. They had staked the limits of construction line for Prime Ventures. Hen has spoken with the contractor and could guarantee that the silt fence was right at the construction limit line; none of the foundations, porches, structure were across the line. They had done four site plans, two were currently under construction, On lot 8, after the contractor had worked on the berm and crossed the line, they had made the notifications and shut down all activity within the area. The intent with the new applicant was to build a landscape berm with large trees on lots 1 through Planning and Zoning Commission October 4, 2007 Page 12 8 which would back up to the highway as a landscape buffer. The applicant would be agreeable to all the conditions proposed by Staff. Eastham asked if the foundations on lots 19 and 20 did not cross the construction line(s), then what was the rationale for wanting to extend the construction lines on those two lots? Musser said the concern was the underbrush and invasive plant material, having it so close to the structure and having to clean it up. The goal was to get that material away from the backs of the house for safety and fire protection and to give the people the opportunity to have a rear yard outside the back of the house. Terdalkar said even if a protection measure was in place, the clearing of the brush would be allowed, It would be considered proper management of the wooded areas so they would survive and grow. Not grading or removal of trees. Eastham said that Musser had indicated that the construction foreman or representative of the contractor had assured him that the present activity did not extend beyond the present construction limit lines, but did he know it himself? Musser said he'd personally drawn the site plans but he had not physically gone out and measured the activity. Mike Puqh, legal counsel for Prime Ventures, said Prime Ventures was not the original developer but they had entered into a long term contract to purchase lots and build houses in this subdivision. Pugh said they were not before the Commission because of a request to ratify some violation that had occurred. What had happened was when they had begun laying out the plans for this particular site using plans which had been very successful in other subdivisions they'd recognized that certain features of those homes, in particular the screened in porches, extended beyond the existing construction limit lines. With help from the Staff, they'd decreased their request to a 10 foot extension on lots 12, 15, 9, elimination of line on lot 8, straightening out of line on lots 21 and 22, reduction of 10 feet on lot 19. Pugh said to quantify it would mean a change in the disturbance of the critical slopes from 30% to 34%, steep slopes from 62% to 63% and woodland areas 33% to 37% which was below the minimum 50% retention requirement for woodlands. The only question was whether or not this particular plan complied with the design requirement of the Code and the developer felt it did comply, Eastham asked Pugh if the existing limit lines had been crossed, Pugh said not that he was aware of. Bev Johlin, 3517 Galway Court, said they'd built their house in 1992 and moved in so they were one of the first homes in the development. This was the first time that she was aware that there had been a change in ownership, Johlin said she was definitely asking the Commission not to allow the amendment to the sensitive areas development plan because it would allow more trees to be removed and the grading of the steep slopes. The existing trees were very effective sound and sight barriers to the highway which was extremely loud. Newly planted seedlings or small sized trees would not have the sound barrier or erosion protection qualities that the established trees had. The large trees and the natural areas which existed on the site now were very visually appealing since the subdivision was fairly flat and without mature trees. The grading would remove very valuable top soil underneath which was very dense clay, She knew from experience that the grading would change the natural run-off and draining which would affect the existing houses. She was also concerned about the very scenic pond on the site which no one had mentioned. Johlin said she was concerned that the continued removal of trees and grading would destroy the pond. The residents of Galway Hills would like to keep the lots and sites as they were with no additional grading or tree removal. They'd purchased their lots with that expectation. The subdivision had been named Galway Hills for a reason. Jay LeaVesseur, 742 Tipperary Road, said he had resided there for approximately 7 years. This was a very small parcel of land; it was the backfill off Melrose exit that they were trying to jam this subdivision into. Everyone, including the newest developer had always known the lot sizes. The developer had a profitable plan that he wanted to use but couldn't make it fit so now he wanted 10 extra feet on the end of each lot. Everyone would like to have an extra 10-feet on their lot but just because you wanted it didn't mean you'd get Planning and Zoning Commission October 4, 2007 Page 13 it. Everyone knew their lot size when they purchased it and therefore had to make the house fit the lot, the simple answer was to build a smaller porch or build a smaller house or build the bigger houses on the bigger lots. Everyone had known what they were buying, including the developer, when they purchased the lot(s), Developers purchased and developed lots for a living; they'd know exactly what size the lots were when they'd purchased them. DaveEd had been extremely poor stewards of the land. The only green measures that they'd initiated were the two ponds which were stocked with fish and used for recreational measures. These lots backed right up to that area and would restrict access. DaveEd had made no improvements to improve the green space or to plant any trees. A retention pond which had been located immediately behind LeaVesseur's house had not served its purpose so bulldozers had been brought in, the trees dozed and ground up into mulch. It had destroyed the existing ecosystem in which deer, raccoons, hawks and a natural pond with native fish no longer existed. The area was now a huge mulch mound full of noxious weeds. The original final plat had shown no need or indication to remove the retention pond. Nothing had been done to restore or beautify that area, The application lacked credibility and was a concern that the Commission was being asked to change the Code to protect any potential violations that may have already occurred or were likely to occur in the future. Of concern was the greater plan of what was going to happen in the area, this was part of the proposed remaining sub-development. Galway VII, VIII and IX and talk of connecting Shannon Road to Dublin Street for access to West High school was yet to occur. The focus right now was to develop this area because it was less expensive and easier to develop than the other areas and the neighbors didn't necessarily want it. It meant potentially driving through more green space where a park was supposed to occur. There was a greater issue going on in this subdivision as far as the planning of this sub-development, the future of what was going out there and where the lots were going in. LeaVesseur said in summary it came down to everyone had know the lot size when they'd purchased the land and just because there was more house than the lot could conveniently hold and because it would be more profitable for the developer was the wrong reason to change the plan. Koppes asked if there was a Home Owners Association in his area. LeaVesseur said yes, that three members of the Association were in attendance at the meeting. Brad Ruhland, 41 Donegal, said he was the defender of the trees and had planted 40 already, He'd already seen the ravine become smaller and smaller. They'd just received notification just two days ago so he'd not had the opportunity to have his photographs of the lots in question developed into slides, The last time he'd spoken before the Commission he'd been told that no more trees, mature trees, would be removed, It had become mass destruction to the trees. He said there was a house at the end of his block in which the woodlands came right up to their back deck. The owners had purchased it that way and it had not been a problem. With the woodlands you didn't have to mow and it looked more natural. Sandv Ruhland, 41 Donegal, said as you exited Hwy 218 onto Melrose Avenue it was one of the gateways into Iowa City. It was a beautiful gateway but if developers started removing the natural areas it would no longer be a natural, beautiful gateway, Ruhland said they'd been down this road before, when the developer had purchased the lots he'd known their sizes. There were other house plans and designs that would be popular that would fit on those lots. After the last time she'd spoken before the Commission, they'd promised that no more trees would be removed, She'd been in her kitchen recently and heard a cracking, she'd looked at the ravine and seen a big tree being shaken and bull dozed. She called and been told it had something to do with drainage pipes being installed. She felt a lot of trees had been removed when no one was looking, who was monitoring the site? Mike PUQh, said the speakers had been vOIcing a lot of complaints about the developers and overall development of Galway Hills, Those were not issues that were before the Commission, they were a buyer of lots who wanted to build some houses on the lots. The trees to be protected were on Outlots A and B, Under design guidelines, the woodland areas were to be included in Outlot areas to be maintained privately Planning and Zoning Commission October 4, 2007 Page 14 or by the City. The issue this evening was whether the amended plan complied with design guidelines under City Code. Staff agreed that it did, subject to certain terms and conditions that the developer had readily agreed to comply with. Duane Musser, said with respect to the berm along lots 1-8, Prime Venture had a contract with Pleasant Valley to tree spade in 10-15 foot trees. The applicant was trying to make an attempt to increase the berm. The area to be removed was understory, brush, invasive trees at the rear of the homes to increase the backyard. Charlotte Bailey, 6 Kearney Court, board member of the Gallway Hills Home Owners Association. Bailey said the Board had quite newly become a homeowner directed Board, in the past it had been made up of representatives of DaveEd and their management company. As a homeowners association they had an interest and were trying to take the lead in working with the residents in the neighborhood to discern what their expectations were that previously had not been met. DaveEd and Prime Ventures had previously made agreements between themselves, the Association understood that their unmet agreements and concerns would carry over into their relationship with Prime Ventures including to build, to protect and to develop their neighborhood. To them development didn't just mean houses or just lots, they were talking about green space, trees and the underbrush too. She'd been part of the effort to add trees to their neighborhood; they'd applied for and been awarded PIN grants in the past. They'd planted street trees which was a concern to the residents of Gallway Hills as were roads, traffic and parks, They needed to know and understand how did this fit in to the big picture. Bailey said to some of the audience it was about 10 feet on lots which would increase the value of the lots, but to many it was about the bigger value to their neighborhood and to say that this decision wasn't one that was necessary. It was not a change that had to happen and she was not sure that it was a change that given time and involvement with the City and developers, and looking back at what had the District Plan and sub plan for your area had to say. How long had it been since anyone had asked the residents what they needed. How much had changed since they thought certain things were guaranteed to happen that really hadn't happen and played out. What was and would be the bigger impact of that. Bailey said the Commission was being asked to make a decision about a line on six lots, she was asking the Commission to take into consideration what it would mean for the development overall and the partnership they were trying to create and to have input with the City regarding their neighborhood and the direction it would take, Public discussion was closed, Motion: Smith made a motion to defer REZ07-00015/SUB07-00007/SUB07-00008, to October 18, 2007. Eastham seconded. Smith said one of the fundamental questions before the Commission was did the proposed change comply with Code. Another fundamental question was did violations exist. Smith requested Staff further investigate and also confirm the location of the silt fence on or over the limit line. Smith said he'd heard conflicting information regarding why the construction limit line needed to shift, The applicant had said due to over hanging screened porches and deck, clearing of brush and under-story. Would Staff clarify what was permissible and what was not, what would necessitate the movement of the line, Koppes asked for a clarification, per lot, as to what the footage of moving the construction line would be. She'd heard conflicting information from 9-feet up to 20-feet. Eastham said he agreed with the comments by Smith and Koppes. Brooks said he'd like clarification regarding when the lines were set, and then moved, if there was no field verification then why were they bothering. If a line was set, then it needed to be respected, staked in the field and it needed to be verified that a developer was abiding by what was agreed to. When the Building Department inspected a foundation and they were not making it clear, that needed to be clarified with them and to become a part of their procedures. Planning and Zoning Commission October 4, 2007 Page 15 Brooks said it was also troubling to him that with a Neighborhood Association in existence, the applicant had said they were choosing not to comply with the Good Neighbor Policy. Brooks said he didn't understand why when there were neighborhood associations and ones that were as vigorous and involved as this one was, why a developer would decide to bypass that process and instead bring all of those preliminary discussions to the Commission. When Good Neighbor Policy had been discussed during the re-write of the Code, it was specifically this type of thing that the Commission had intending to address. When a viable functioning neighborhood association existed, and technically the developer was a member of the Association until they sold the lots, why could they not communicate with the group. He was disappointed that that communication and cooperation had not taken place in this situation. Koppes asked if these two items could be flip-flopped on the next agenda so the individuals who'd sat through and listened the first item could present first at the next Commission meeting. The motion to defer passed on the vote of 7-0. Consideration of Meetinq Minutes Motion: Eastham made a motion to approve the September 20, 2007 meeting minutes as typed and corrected. Brooks seconded the motion. The motion was approved on a vote of 7-0. Other Item None Adiournment Motion: Brooks make a motion to adjourn the meeting 10:27 pm. Koppes seconded. The motion was approved on a vote of 7-0. Minutes submitted by Candy Barnhill s/pcd/mins/p&zl2007/1 0-4-07 ,doc Iowa City Planning & Zoning Commission Attendance Record 2007 FORMAL MEETING Term Name Expires 1/18 2/01 2/15 3/01 3/15 4/05 4/19 5/03 5/17 6/07 6/21 7/12 7/19 8/2 8/16 9/20 10/04 B.Brooks 05/10 X X X X X OlE X X X X OlE OlE X X X X X C. Eastham 05/11 X X X X X X X X X X X X X OlE X X X A. Freerks 05/08 X X X X X X X X X X OlE X X X X X X E.Koppes 05/12 X X OlE X X X X X X X X X X X X X X W. Plahutnik 05/10 X X OlE X X X X X X OlE X OlE OlE X X X X D.Shannon 05/08 X X 0 X X X X X X X X X X X X X X T. Smith 05/11 X X X X OlE X X X X X OlE X X X OlE X X Term Name Expires 1129 2/26 4/16 4/30 6/18 7/9 7/16 7/31 10/01 B. Brooks 05/10 X X X X X X X X X C. Eastham 05/11 X X OlE X X X X X X A. Freerks 05/08 X X X X OlE X X X X E. Koppes 05/12 X OlE X X X OlE X X OlE W Plahutnik 05/10 X X X X X OlE OlE OlE OlE D.Shannon 05/08 OlE X X X X X OlE X X T. Smith 05/11 X X X X X OlE X OlE X INFORMAL MEETING Key: X = Present o = Absent OlE = Absent/Excused Gll1L MINUTES HOUSING AND COMMUNITY DEVELOPMENT COMMISSION SEPTEMBER 20, 2007 CITY MANAGER'S CONFERENCE ROOM, CITY HALL FINAL Call to Order: Jerry Anthony called the meeting to order at 6:38 P.M. Members Present: Jerry Anthony, Steve Crane, Andy Douglas, Holly Jane Hart, Rebecca McMurray, Brian Richman, Michael Shaw Members Absent: Marcy DeFrance, Charles Drum Staff Present: Tracy Hightshoe RECOMMENDATIONS TO COUNCIL (become effective only after separate Council action): None APPROVAL OF THE JULY 19, 2007 MINUTES Anthony asked if anyone had any comments regarding the minutes of the July 19, 2007 meeting. Anthony brought up a statement on the first page, bottom paragraph, third sentence: "Shaw said that the person that the city hired to evaluate the community needs "derailed" what the subcommittee's plans were." Hightshoe stated that she thought this was in regards to the committee deciding to wait till the results of the housing study to proceed with prioritizing needs identified in CITY STEPS. Shaw stated that he could not clearly recall what was said at the July meeting, and that this sentence could be deleted. MOTIQN: Crane moved to approve the July 19, 2007 minutes as amended, seconded by Douglas. Motion passed 7-0. PUBLIC COMMENT OF ITEMS NO ON THE AGENDA None. STAFF/COMMISSION COMMENT Hightshoe updated the members on the Community Development celebration, stating that staff received several compliments. She stated that the celebration is playing on the City Channel 4 currently. Hightshoe also noted that in the Members' packets, they have a sheet regarding the Housing Iowa Conference, in case anyone would like to attend. Hightshoe asked the members to let her know if they are interested in attending this conference. Anthony stated that he would be interested in attending on Tuesday, and Hightshoe will check with Steve Long. Hightshoe also introduced the new minute taker, Laura Berardi, to HCDC members. Anthony stated that at the last meeting, the Commission had decided to set up a subcommittee to look at the allocation process. This subcommittee consists of Anthony, Douglas, and Hart. Anthony stated that they have met twice - once as a subcommittee and the other time with members of the community, elected representatives, and a few others. Douglas is the Chair of this subcommittee, and Anthony stated that from the next meeting onwards, they should have a report to share with the other members. Anthony then stated that he is hoping that from the next meeting onwards, they could have individuals come to speak to them about individual housing techniques. He stated that this is a suggestion he received, and he thought it would be a good idea to have speakers. With their task of finding affordable housing for the community, he feels these speakers would be of help to them. Anthony stated that he has sent Steve Long a list of topics, and possible speakers, so staff is looking into this for the commission. A few examples given by Anthony were community land trusts, inclusionary zoning, housing trust funds, and a linked deposit program, which is a program where the city government selects banks to hold their accounts for them and to make loans for affordable housing. He stated that the city of Davenport uses this type of program. Crane noted that banks like that type of program, as well, and he feels Housing and Community Development Commission September 20,2007 Page 2 there would be a local interest in this. The discussion turned to the upcoming meetings for budget and allocation, and that they would not be able to have speakers during these meetings, due to the length of time needed for each presentation. McMurray asked what the status is on the Nile Valley Restaurant. Hightshoe responded, stating that the Economic Development Committee has recommended funding $25,000, and it goes before the Council on October 2nd. She further stated that their lease started September 1st, and that they have already started the build-out. Hightshoe responded to questions regarding this venture. Hightshoe also noted that she provided members with a review of the Economic Development Fund, since the Council began earmarking the funds, and she briefly reviewed this with members. She stated that they have had a lot of activity lately. Shaw asked where more information could be found on this fund, and Hightshoe stated that a lot of people call in to the office, but the City web site also contains the information. Discussion continued, with Hightshoe answering questions about the Economic Development Fund, and the process that applicants must go through. Anthony noted that Lear Corp.'s allocation is the largest so far. NOMINATION AND ELECTION OF OFFICERS Anthony stated that they need to elect new officers at this evening's meeting. He noted that he has been chair for the last two years, and would be willing to remain as chair, but that this will be his last year to serve on the commission. However, he stated that if someone else has strong feelings about being the chair, he would gladly step down. Shaw stated that he would put the motion on the table to keep the "status quo" - with Anthony as chair and Richman as vice chair. Richman stated that he would be interested in the chair position. Anthony stated that he could step down, or the Members could vote for their choice. Richman stated that what he would like to see done is to bring this commission more into the dialog in the community on affordable housing. He said that he feels Anthony has done a good job the past two years, but that he feels they need to draw more participation from other members and to use the various expertise within the group to more clearly define goals for the commission. He added that he would also like to see the commission less driven by HUD requirements, and more driven by the needs of the community. Shaw asked how long Richman's term is on the commission, stating that he asked the question as he would like to see a seamless process in the future when Anthony is off the commission next year, adding that Richman could then move into the chair position. Hart asked if, regardless if Richman is chair or vice chair, there is anything that would restrict him from pushing for what he is advocating. Richman responded that yes, in the sense that the chair is the one who has say- so over the agenda and provides leadership for the commission. From his perspective, he stated that Anthony has done a great job, but that he feels it is incumbent upon a leader to leverage the other voices around the table, and to bring in other expertise and ideas. Richman stated that he feels this cannot be accomplished as vice chair. Anthony noted this was a good point. McMurray asked if Richman became chair, would Anthony become vice chair, to which Anthony responded he would step down. Douglas then asked Richman if he were chair, would he see himself being comfortable expressing his opinions on matters they are voting on, or would he be more of a facilitator. Richman responded, stating that he will articulate his opinion, and that he understands the dual role of the chair, especially with his experience as a teacher. Hightshoe noted that they had called a vote, and they need to clear this up first. McMurray stated that she does not have enough information to vote and is abstaining. MOTION: Shaw moved to retain Anthony as chair, and Richman as vice chair; seconded by Hart. Motion carried 4-1 (Richman in the negative); 2 abstaining (McMurray and Douglas). NEW BUSINESS - PUBLIC HEARING & APPROVAL OF THE FY07 CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT (CAPER) 2 Housing and Community Development Commission September 20, 2007 Page 3 Anthony noted that this is a public hearing. (No one appeared for the public hearing.) Anthony asked if anyone had any comments on the CAPER. Hightshoe stated that every year the City is required by HUD to compile their yearly results on how successful they have been in meeting their yearly goals. She explained to the members how this process works, stating that 2007 is the second year of the current 5-year plan (2006-2010). Anthony asked about a couple of statements on page 8 of the CAPER, under Geographic Distribution of Resources. He stated that in past CAPERs, he did not believe the City defined what constituted a concentration. He pointed out that the City Council appointed Scattered Site Housing Task Force did not provide a definition of concentration. Hightshoe stated that in CITY STEPS, the City's Consolidated Plan for Housing, Jobs and Services, HUD requires the City to identify areas of concentration. Defining concentration is a local decision. CITY STEPS defines concentrations of low-income populations as any census tract or block group where 51 % or more of the households have an income at or below 80% of median. Concentrations of minority households include any census tract with a percentage of minority households at least 10% greater than the citywide population. In CITY STEPS, it is noted that the areas that meet this criteria have typically been primarily areas with student housing, and therefore the City does not target certain census tracts, but provides assisted housing throughout the jurisdiction. Hightshoe responded to questions on the CAPER and census information, noting that if members go to the web site www.americanfactfinder.com they can get specific information about census tract demographics. Hightshoe noted that in October and November, the goals and objectives in CITY STEPS will have to be reported differently to reflect HUD's requirements. Shaw asked about the analysis on page 8, regarding impediments. Hightshoe stated that community development staff, working with the Human Rights Commission, developed this back in 1998. She stated the Analysis is to be reviewed annually, however there has not been a significant update since 2001. She further noted that the same firm that has been hired to do the Housing Market Analysis will also do the Analysis to Impediments. Anthony noted that there might be one addition as far as input. He stated that two or three years ago, the City conducted a survey on fair housing, and this information has now been tabulated. The discussion then turned to Shaw asking about five-year targets on page 9. Shaw asked what income levels the City targets with HOME funds. Hightshoe noted that all housing funded with HOME funds must be targeted to those households under 60% of area median income. Crane noted that the home buyer assistance is at zero, and asked if there would be more focus on this in the next few years. Hightshoe stated that when the commission completes their annual City STEPS review the commission will look at this. Shaw stated that a couple of the zoning decisions recently have impacted the affordable housing possibilities in town, noting that the Sonic Restaurant site is one of these, and he feels that this goes against what their goals are. He noted that 32 units were lost due to the rezoning for this restaurant project. Hightshoe noted that they were private-market units, not publicly funded or subsidized, therefore, they had no affordability or occupancy restrictions. Shaw noted that the Council had a split decision on this. He noted for the record his concern that the City would make decisions that are contrary to the goals of CITY STEPS. Anthony stated that in regards to "impediments for fair housing choice," since 1995 many developers have been using restrictive covenants in their new developments, and that these covenants make the housing less affordable. He noted that some of these covenants state that each house must have at least 3 or 4 garages, or a minimum of 2,000 square feet, and that people buying into these subdivisions have to abide by these guidelines. He noted that this issue was discussed back when the zoning code discussion took place in 2005, but that no action has taken place on this issue. Anthony and Shaw encouraged the commission to be more pro-active with the Council on housing issues. Anthony noted that the public hearing would now close. Hightshoe noted that additional housing will come online with FY08 funds and carry over funds from previous years. In FY07, the commission only funded three housing projects - tenant based rent assistance, housing rehab, 3 Housing and Community Development Commission September 20, 2007 Page 4 and Habitat for Humanity. Habitat for Humanity found six lots to acquire. The Housing Authority did not spend their tenant based rent assistance funds in FY07, and plan to spend it in FY08. Hightshoe further noted that several projects from previous years came on-line in FY07. Hightshoe noted that the 18 units of the Melrose Ridge project were finished, as was the Whispering Meadows' project, providing additional affordable rental units. MOTION: Crane moved to accept the CAPER with modifications as discussed, seconded by Douglas. Carried 7-0. NEW BUSINESS - SELECTION OF PROJECTS TO MONITOR IN FY08 Hightshoe noted that each year, Commission Members select three or four projects to monitor. She stated that this will include contacting the recipient to see how things are going, how they have used their funds, etc., and to then give a brief report at a HCDC meeting. She asked Members to look over the list and pick several projects. Crane - Builders of Hope, Habitat (both) McMurray - Splash Pad, Local Foods Connection, Shelter House Richman - Free Medical Clinic (both), HACAP Shaw - Facility Rehab for DVIP, Tenant Based Rent Assistance Hart - Aid to Agencies, Extend the Dream Anthony - Housing Fellowship (three), Operating Expenses Douglas - Goodwill, Blooming Garden IHA LP DeFrance - Housing Rehab (2), Neighborhood Centers of Johnson County Drum - Community Mental Health, Crisis Center, VNA NEW BUSINESS - TIMELlNE FOR THE ANNUAL REVIEW OF THE CONSOLIDATED PLAN Hightshoe noted that Anthony, Hart, and Douglas met regarding the CITY STEPS review. They met with Amy Correia and Regenia Bailey, City Council Members, and Linda Severson, the JCCOG Human Services Planner. They discussed how they could prioritize community needs and what process they would go through. Due to limited time, she stated that they decided to work with Correia and Bailey to see what funding sources are out there and what projects they could combine in order to get more impact from their funds. Therefore, they plan to have a couple of public input meetings, after which they will get funding providers, such as the School District, the County, the City, and United Way, and go over what needs were identified at these public input meetings. Hightshoe noted that on October 2nd from 5:30 to 6:30 P.M., they will hold a meeting at the Forest View Mobile Home Park and will have a Spanish translator present. A second meeting is planned Oct. 10,6:30 to 7:30 P.M., at Lakeside Apartments. She stated that if any of the members would like to attend either of these meetings, they need to let her know before the meeting. Hightshoe stated that they hope to have the public meeting at the Pheasant Ridge Center and should have a date soon. Shaw stated that he is looking into the possibility of having vans to transport people to this public meeting, in order to get a wider range of voices heard. He also asked if staff or officials from Coralville will be invited to the meeting with funding providers. Hightshoe stated they will invite Coralville officials when they can. It was their hope not to have extremely large meetings in order to get better dialog and feedback. She did note that there is a joint meeting between the municipalities and the school district about every quarter; housing issues have been previously discussed and she hopes they continue the discussion on ~ffordable housing throughout the metro area. ADJOURNMENT Shaw moved to adjourn the meeting at 8:00 P.M., seconded by Richman. Motion carried 7- O. s/pcd/mins/hcdd2007/09-20-07. doc 4 ~Iowa City ~Public Library l4~;~) BOARD OF TRUSTEES Minutes of the Regular Meeting September 27, 2007 FINAL APPROVED Members Present: Linzee McCray (arrived at 5:26 pm), Thomas Dean, John Kenyon, William Korf, Thomas Martin, Mary New, Meredith Rich-Chappell, Leon Spies Members Absent: Michael Cohen Staff Present: Elyse Miller, Heidi Lauritzen, Hal Penick, Susan Craig, Maeve Clark, Kara Logsden, Patty McCarthy Guests Present: Gary Sanders, Alana Allender Call Meeting to Order. Dean called the meeting to order for McCray at 5:04 pm. Public Discussion. Gary Sanders came to discuss the situation this summer at the internet computer stations. He said he was driven away from the Library by kids misbehaving. He believes that the misbehavior of the kids is not something that other members of the public or the reference staff should have to tolerate. He was concerned that the Library bus this summer brought these youth to the Library. Craig believes it is not the case that the misbehaving kids came on the bus but are a different group of people. New asked if this took place in the computer area or by the Computer Lab. Sanders also complained about the use of cell phones in the Library. Craig assured Mr. Sanders that the Library is strategizing about how to make the summer better next year. Approval of Minutes. The minutes of the Regular Meeting of the Board of Directors of August 23, 2007 were reviewed. A motion to approve the minutes was made by New and seconded by Spies. Motion carried 7/0. Unfinished Business. None. New Business. FY09 Budget Discussion. Budget requests are due to the City by October 2, 2007. The Library's FY09 budget includes the same permanent staffing requests as last year. New asked about the federally mandated minimum wage increase in January and who will receive the increase. Craig clarified that hourly staff will be affected by the increase. Dean asked about whether Library staff are responsible for maintaining all of the rental space. Craig stated that the Library is responsible for the common areas only. Craig said that the biggest capital expense in the budget is the new software. Spies asked about one of the recommendations for the NOBU budget, paying for security in the summer. Craig explained that if there are escalating levels of misbehavior next year, the Library may consider hiring part-time security Commission Housmg & Community Development Attendance Record 2007 Term Name Expires 01/18 2/21 2/22 3/8 3/22 4/19 7/19 9/20 Jerry Anthonv 09/01/08 OlE X X X X X X X Steve Crane 09/01/09 X X X X X X X X Marcy De France 09/01/09 X X X X X OlE OlE OlE Andy Douelas 09/01/08 X OlE OlE X X X X X Charlie Drum 09/01/10 X X X X X X X OlE Holly Jane Hart 09/01/07 X X X X X X X X Rebecca McMurrav 09/01/08 -- -- -- -- -- -- -- -- -- -- -- -- X X Thomas Niblock 09/01/08 X OlE OlE OlE X X -- -- -- -- Brian Richman 09/01/07 X OlE X X X X X X Michael Shaw 09/01/09 OlE OlE OlE OlE OlE OlE X X Charlotte Walker 09/01/07 -- -- X X X X X X -- -- Key: X = Present o - Absent OlE = Absent/Excused NM = No Meeting Not a Member personnel. New asked about the Library's cell phone policy. Craig said that we approach cell phones as we treat all other noise; persons are asked to go to the lobby if they are loud. The Library Conduct policy addresses the cell phone issue and this policy is revisited on a regular basis. Spies said the budget request looked well-stated and conservative. A motion to approve the budget was made by Spies and seconded by Martin. Motion carried 8/0. Staff Reports. Departmental Reports: Adult Services. Logsden explained that negotiating rights with authors determines the various types of downloads available on eAudio. Kenyon lamented the small amount of downloadable audio available for iPod users. Staff explained that this is an Apple corporate policy. Circulation Services. Information Services. Dean was glad to see that teacher/librarian name change from media specialist. Development Office. The Library Friends Foundation big book sale in the Library will take place on Sunday, October 21. Plans are already underway for the next in March, next spring's Building the Collection event and the 10th anniversary of Bill Nusser hosting Iowa City Spells, our nationally famous spelling bee. Library Bus Report. Craig and Lauritzen met with Transit to discuss the Library Bus program this summer. It was agreed that this was a successful venture. Data indicated that the west side route was less used than the east side routes and may result in some changes to next summer's routes. Dean noted the increased ridership in the Lucas area. Book Cart Drill Team. The Iowa City Public Library's entry in the University of Iowa's Homecoming Parade is zombie-themed. The team slogan is "Feedin' Brains not Eatin' Brains." Leased Space Report. The University received good bids for their project. The original estimate for the work that the Library needed to do to improve the HVAC system has been reduced. Some little-used ductwork was identified that can be used for the basement HV AC work. Reader Report. Miscellaneous. President's Report. None. Announcements from Members. Dean is organizing an Ida Beam Visiting Professor community forum entitled Good Placemaking with Timothy Beatley, Teresa Heinz Professor of Sustainable Communities in the Department of Urban and Environmental Planning, School of Architecture at the University of Virginia. It will be held on Monday October 8, at 7:00 pm in Meeting Room A, with a public lecture at the University of Iowa on Tuesday at 7:30 pm. Beatley's newest book is Native to Nowhere: Sustaining Home and Community in a Global Age, and is the subject of his talk. Dean also set up a visit with Sally Mason and her husband to tour the library and get her library card. New said she would get information out about an exhibition at Old Capitol Museum organized by her daughter, entitled A Community of Writers: Creative Writing at the University of Iowa," opening at the Old Capitol Museum on Friday, October 12. Committee Reports. None. Communications. None. Disbursements. The Visa expenditures for August 2007 were reviewed. A motion was made by Spies, seconded by Martin to approve the disbursements for August 2007. Motion carried 8/0. Set Agenda Order for October Meeting. ILA report. Adjournment. It was moved by Korf, seconded by Martin to adjourn the meeting. Dean declared the meeting adjourned at 6: 11 pm. Respectfully submitted, Elyse Miller Board or Commission: ICPL Board of Trustees ATTENDANCE RECORD CALENDAR YEAR 2007 - - Meetingl Date - Name Term 1/25/07 2/22/07 I 3/22/07 4/26/07 5/24/07 6/28/07 7/26/07 8/23/07 I 9/27/07 I 10/25/07 I 11/15/07 I 12/20/07 - ~ - - - - - - - - - Michael Cohen 7/01113 OlE x OlE x - - - - - - - Thomas Dean 7/01/09 x x x x x OlE x x x - - - - - - - - John Kenyon 7/01113 x x x - - - - - - - - Bill Kart 7/01/09 x x x x x x OlE x x x - - - - - - - Tom Martin 6/30/11 x x x x x OlE OlE x x x - - - - - Linzee McCray 7/01/09 x x x x OlE x x x x - - - - - - - - Mary New 7/01/07 ole x x x x x x x x - - - - - Meredith 6/30/11 Rich-Chappel x x x x x x x x x - - - - Pat Schnack 7/01/07 x OlE OlE OlE OlE x - - - Leon Spies 6/30/11 x x x 0 OlE x - - - - David 7/01/07 OlE VanDusseldorl2.. x x x x x KEY X = Present o = Absent OlE = Absent/Excused NM = No meeting Res = Resigned