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HomeMy WebLinkAbout2009-03-05 Info Packet~ i ~`'~,wr®~~~ -•ti...__ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET March 5, 2009 MISCELLANEOUS IP1 Council Meetings and Work Session Agenda IP2 At a Glance -March 2, 2009 [submitted by the City Manager] IP3 Letter from Council Member Wilburn to the City Attorney: Conflict of interest concern regarding the Iowa City Community School District's Facility Improvement Plan IP4 Memorandum from the City Clerk: Special Work Sessions -Priority Setting Process IP5 Memorandum from the Director of Housing and Inspection .Services and the Housing Administrator: Update on the status of the Public Housing unit located at 608 Eastmoor that was damaged in the Flood of 2008 IP6 Memorandum from the Director of Planning and Community Development: Update - Flood related activities IP7 Email from Jim Knapp to Council members regarding several concerns IP8 Email from Anthony Grego: Snow removal enforcement process [staff response included] IP9 Building Permit Information -February 2009 IP10 Invitation: Heartland Disaster Tax Relief meeting hosted by Congressman Loebsack March 7, 2009 - Coralville Public Library DRAFT MINUTES IP11 Planning and Zoning Commission: February 5, 2009 IP12 Human Rights Commission: February 24, 2009 IP13 Public Art Advisory Committee: February 5, 2009 IP14 Airport Commission: February 12, 2009 IP15 Police Citizens Review Board: February 10, 2009 i = 1 03-05-09 _~ ~`'~-~.~'~~' it Meetin Schedule and IP1 ~.~..~~ City Cou nc g .CITY OF IOWA CITY Work Session Agendas March 5, zoos www.icgov.org • TUESDAY, MARCH 10 Emma J. Harvat Hall 6:OOp Special Council Work Session • Council Appointments ^ Agenda Items • Information Packet Discussion (2/26 and 3/5] ^ Council Time • Schedule of Pending Discussion Items • Upcoming Community Events/Council Invitations • Discussion of Meeting Schedules 7:OOp Special Formal Council Meeting Continue Special Work Session if necessary TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE • MONDAY, MARCH 23 Emma J. Harvat Hall 6:30p Special Council Work Session • TUESDAY, MARCH 24 Emma J. Harvat Hall 7:OOP Special Formal Council Meeting Executive Session • MONDAY, APRIL 6 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, APRIL 7 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, APRIL 20 Emma J. Harvat Hall 5:30p Special Council Work Session 7:OOp Special Formal Council Meeting Continue Special Work Session if necessary • MONDAY, MAY 4 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, MAY 5 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, MAY 18 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, MAY 19 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting ~ i ~~®dl~ VIII ~~ ~' '"`®'~~ City Council Meeting Schedule and CITY OF IOWA CITY Work Session Agendas March 5, zoos www.icgov.org • MONDAY, JUNE 1 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, JUNE 2 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, JUNE 15 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, JUNE 16 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, JUNE 29 Emma J. Harvat Hall 6:30p Special Council Work Session • TUESDAY, JUNE 30 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting Dear Council members: From the 0`fice r? th City Pdlar,a~;tr Mict~aei Lrrribardo March 2, 2009 Here's some need-to-know information for the week... in case you have, or are asked, questions... please contact me if you wish to discuss any of these matters in more detail. American Recovery and Reinvestment Act: With the recent signing of this legislation, funding for stimulus projects is underway and funding will be available soon. In addition to the transit busses and infrastructure projects that you are already aware of, funding for IT and vertical infrastructure is in the offing. We believe that funding might be available to assist with scheduled Enterprise Accounting System Upgrades and possibly to assist with the construction of Fire Station #4 and East Side Recycling Center. Staff participated in a webinar to learn more about these additional funding opportunities and the types of projects that might be supported. I will update you as we learn more about these programs. Sales Tax: We are in the process of developing information and media packets to inform residents about the specific intended uses of this funding. Kelly Hayworth, Ryan Heiar, and I have already met with the Corridor Business Journal, and have appointments scheduled with other media outlets. You may already be aware of the Chamber is in support of the proposed sales tax; I have attached a copy of their position statement for your information Chamber of Commerce -Thursday February 19, was Legislative Day in Des Moines. I took part in several meetings with our legislative delegation, as well as, House and Senate Leadership. The primary topics discussed were property tax reform and rail service between Chicago and Iowa City. All acknowledge the need for broad property tax reform and how difficult a challenge it will be to enact significant changes. Progress is being made, however, between the states of Iowa and Illinois over a memorandum of understanding relative to rail service -though Federal funding is projected out several decades, various coalitions are working hard to bring rail service to fruition on a timelier schedule. • Chamber of Commerce President, Nancy Quellhorst and I met with Eric Bochner of Bochner Chocolates for a plant tour and to hear about future plans for the company. The company is an important part of our economic base employing a mix of employees spanning the socio- economic strata. In spite of the faltering economy, Mr. Bochner is optimistic about the future expansion of retail stores throughout the country. • 420th Street Industrial Park - A kickoff meeting was held last week to begin platting and the infrastructure planning process. We are working hard with our partners at ICAD to develop the site into the nation's first Wind Energy Supply Chain Campus. From the Office o` the City Man~~;~~r Michael Lor7~bardo ::319- 3 ~~6- ~.-701. ~j michael-lambardot~;~~iowa-ciCy.or Downtown Association (DTA): Last Tuesday I spent part of the morning with the downtown association at a roundtable to discuss several topics: the sales tax, the business incubator project, safety and aesthetics of the Ped Mall area, and the current and future mix of businesses that occupy our central business district. The DTA and many business owners expressed strong interest in holding further discussion to explore the efficacy of a downtown manager (roles & responsibilities yet to be determined) and the possibility of a self supporting municipal improvement district (SSMID) to fund such a position and perhaps other amenities such as enhanced public safety. I will keep you informed of progress in this area and of future opportunities for your participation. Vacant Positions & Out-of-State Travel: In an effort to control costs I have asked department directors to provide additional information to assist in evaluating the need for filling positions as they become vacant. Positions will be filled based on the critical nature of the position and ability to maintain service levels. Similarly, restrictions on out-of-state travel have been put in place and authorized training must be associated with certification, licensing or be of some other critical nature. The attached memo to department directors provides additional information. Flood Recovery: Over the past few days we have been notified of the impending release of funds to assist with various levels of flood recovery and mitigation. I will be meeting with staff this week to discuss these funding opportunities and to begin preparing for an upcoming work session with Council to receive additional guidance on the allocation and use of the funds. UNESCO City of Literature: Several meetings have been held to discuss a potential focus and organizational structure to fully celebrate this auspicious designation. As we continue to seek state and federal funding, our library director, Susan Craig, will be working Chris Merrell, Josh Schamberger, and others to develop initial programming and identify potential partners to help develop and market the City of Literature brand. Transportation Services (from Chris O'Brien): Transit Text Alert System -The department has established a system that allows us to send out text alerts to cell phones when we have transit emergencies. This will allow our customers to subscribe to the service and we will send out alerts when we have significant service disruptions. Examples of this will be weather related emergencies (i.e. snow, ice tornado warnings) that force us to delay or stop service for significant periods of time. Parking Access and Revenue Control Project - On 2/24/09, we started a project to replace the software and hardware at Tower Place; the work will take place during the week of April 20, 2009. We will then, in June, replace the equipment at the Capitol Street and Dubuque Street garages. We are estimating that each facility will take 5-7 days. This project is to replace the existing access and revenue control equipment and software that has been in place since the garages were constructed. This will enable credit card payments in all of our garages. ~~ FCOr71 trl' Offli_ of the City Mariager Michae; (o'7~b~rr+r; r~r11C~1~1f;~~~orYlr:)~3r(~( (iilONir~ ~~.lV.br4 Public Safety: ICPD -Firing Range. Prior to my arrival Council authorized exploration of the purchase of certain lands outside of Iowa City for the development of a practice range for officer training. Chief Hargadine and others have been working to identify a potential sight and a means to fund the purchase and construction of the facility. We are nearing the point where further discussion and approval will be needed in order to proceed and I anticipate bringing this forward at an upcoming work session. Saunders Complaint: In response to the recent complaint regarding an apparent bridge encampment I asked the ICPD to respond to what efforts have been undertaken to date; a copy of Matt's memo is attached. Now that weather conditions are no longer a factor, I have instructed the Public Works Department and ICPD to respond in a manner consistent with what has been done in the past, and also to provide further recommendation to me for a more permanent solution to this perennial situation. Similar information was conveyed by me to Mr. Saunders via email. City Center Construction Project: We received a letter from the Carpenter's Union out of Chicago stating that they may picket City Hall in response to hiring City Construction Group to perform the remodeling work for our offices and the Council office. Kumi has spoken with John Tiemeyer, owner of City Construction, several times about this matter. John stated that he has not been contacted by the Union and pays his employees competitive wages and provides many benefits to them, including health and dental insurance, a retirement plan and paid vacation. Therefore, we are uncertain of what exactly the Union is protesting (their letter is somewhat vague), which makes it difficult to respond to. I will keep you informed if indeed picketing becomes present at City Hall. Farmer's Market: A working committee comprised of City staff and others have been developing a plan to host the Farmer's Market outside of the Chauncy Swan ramp on six Saturdays throughout the 2009 season. The impetus behind this effort is to showcase the gem of a farmers market that we have in a venue that will allow for additional activities and foot traffic - as the planning comes together we will schedule a presentation for Council to share the details of this exciting opportunity. Iowa Municipal Management Institute (IMMI): On March 25-27 Iowa City and the University of Iowa will play host to this annual event. Local government managers, elected officials, and staff from across the state will participate in several professional development opportunities and focused on the theme "Managing under Pressure." Dale and I will both participate in the program as fully as time allows. Vacation - Although I mentioned this at a prior work session, I wanted to remind you all that I will be out of the office from March 16 - 20. Dale Helling will be Acting City Manager in my absence. IOWA CITY / AREA CHAMBER ~~~OF COMMERCE ~~~ww_iowacityarea.com Mission: The Iowa City Area Chamber of Commerce actively fosters a better business environment Core Initiatives: . Community & Economic Development Public Policy Member Services Iowa City Area Chamber of Commerce Position on 1 Percent Local-Option Sales Tax for Flood Recovery __ The Iowa City Area Chamber of Commerce supports a 4-year, i percent local-option sales tax for flood recovery based on the following: While we traditionally do not favor tax increases, we are deviating from standard practice to support this limited duration tax due to extraordinary circumstances and the urgent need for mitigation. Sales tax revenue will be used by the cities of Coralville and Iowa City exclusively for flood remediation and infrastructure repair. Cities anticipate the recession will result in reduced tax revenue for several years. If recovery is not funded by this sales tax, projects will be funded by increased property taxes, which already extraordinarily challenge local businesses. More than 25o businesses suffered direct loss in the 2008 flood. Countless others sustained financial harm due to business interruption. A significant number of 2008 flood-affected businesses flooded in prior years and do not have the financial resources to endure another natural disaster. Failed businesses would result in vacant properties, reduced property values and a declining tax base. Mitigating this risk will encourage renewed investment in central trade areas. Mitigating the risk of future flooding is critical to the local economy. Among projects to be financed by this tax are the elevation of Dubuque Street and reconstruction of Park Road Bridge. Dubuque Street, the primary artery to our central trade area downtown, was closed for 32 days in the 2008 flood. The Park Road Bridge configuration significantly slowed water flow, which caused increased flooding in Coralville. A sales tax would allow flood mitigation costs to be shared by visitors who use our roads and services. The Iowa City Area Chamber of Commerce is committed to monitoring the application of these funds and resulting improvements. Infrastructure improvements are critical to public safety and will leverage state and federal funds, which require local investment as a prerequisite. The cities of Coralville* and Iowa City** have significantly reduced budgets and continue to identify reductions to avoid deficits due to the recession. --------------------------------------------------------------------------------------- *Additional contracting with private companies, e.g., Quality Care mows most parks along with public buildings. Saves on the purchase of equipment and labor. Reduced hours with lowest attendance at the Recreation Center/Outdoor Aquatic Center. Soliciting volunteer groups to assist in parks and green spaces to save on manpower. Extended replacement schedule for fire trucks from i5 to 20 years. Library Board is applying proceeds from grants/endowment income toward budget. The Coralville General Fund Budget is $14 million, so identifying reductions for $54 million of improvements is not possible. **$3.5 million cut to date Priority setting the first week in March to identify further reductions r ^.!~®~~ CITY OF IOWA CITY ~~~~~ RAN u MEMO Date: February 19, 2009 To: Department and Division Heads From: Michael Lombardo, City Manager Re: Filling Vacant Permanent Positions It is my intent to more closely monitor the filling of vacant permanent positions until we have completed its priority setting process between now and the end of May. There will very possibly be a reduction in force as a result of this process and we should avoid hiring new employees who might be at significant risk of being laid off in a few months. Thus we should attempt to fill only those positions that we determine are among the least likely to be adversely affected by Council's priority decisions. In order to better assess the need to fill vacant positions, every position vacancy notice submitted to Personnel must include an attached explanation of the need to fill that position immediately rather than keeping it vacant for approximately 3 - 4 months until Council priorities are established. Your explanation should include your assessment of the adverse consequences of not filling the position during that interim. Based on that explanation, either the posting of the position will be approved, or I will meet with the department director and staff to further discuss and determine the relative urgency of filling the position. While it is my hope that any reduction in force will be minimal, we must act now to ensure that any permanent job reductions will affect as few individuals as possible. I appreciate your cooperation toward this end. r ~~~®~r~ CITY OF 14WA CITY ~,~ r~ ~~ MEMORANDUM REVISED . Date: February 26, 2009 To: Department Heads Division Heads From: Michael Lombardo, City Manager/~~ Re: Temporary Travel Restrictions ~~. """ ~~\ Given budget concerns and the upcoming prioritization of services that the City will be undertaking, travel by City employees will be limited, at least for the remainder of the fiscal year. Travel requests will be considered and prioritized based on need and relative benefit to the organization. Destination, number of participants, and total cost will also be taken into account. Generally, a higher priority will be afforded to those travel purposes that are: Mission Critical -these include things such as participation in education/training that is specifically required for maintaining the various City operations, travel to inspect and/or approve vehicles or equipment purchased by the City, travel for the purpose of securing grant funding, mandatory training for grant recipients, etc. • Training/education from which required CEUs, CLEs or mandatory training for required certifications is obtained, and where there are no less costly alternatives available. • Unique education/training opportunities available at lower than normal cost due to location, subsidies available, reduced rates, etc. It must also be shown that there is a direct need for such education/training. At the other end of the priority spectrum would be annual or periodic conferences of professional organizations that primarily focus on networking, display of equipment or products by vendors, etc. These would likely not be approved. Many travel purposes will fall in between these examples. Each travel request should be accompanied by an attached, detailed explanation addressing, at a minimum, the following: State why it is mission critical or why it is necessary and should be given a high priority at this time. For requests involving education, training, certifications, etc., indicate what alternatives exist. Further, explain the consequences of the request not being approved. Any other information you consider relevant should also be provided. Supervisors may be asked for additional information or clarification. I appreciate your support and efforts to control travel costs between now and the time Council is able to establish more permanent spending priorities for the future. Page 1 of 1 Michael Lombardo From: Matt Johnson Sent: Tuesday, March 03, 2009 4:42 PM To: Michael Lombardo Subject: Memo to CM re encampment abatement 3-3-09.doc Attachments: image001.png; oledata.mso MEMORANDUM TO: Michael Lombardo, City Manager FROM: Capt. M.C. Johnson, Field Operations RE: Encampment complaint DATE: March 3, 2009 In response to receiving a complaint regarding an encampment which had been erected near the Iowa River bank in the 800 block of S. Riverside Drive, an inspection of this property was conducted. Pursuant to the inspection, and a determination that all or, a significant part of this encampment was on City property, a request to Public Works was made by me regarding their ability to dismantle this encampment and the timing of such action. An inspection by Public Works staff was made and, given the time of year the complaint was received, a determination was made that surface conditions were such that getting personnel and equipment into the area would be difficult, if not impossible. A decision was made to suspend abatement efforts until this Spring. As a matter of procedure, when such abatement efforts occur, they are preceded by the posting of notice at both logical entryways into an encampment. This posting occurs a minimum of 48 hours in advance of City staff cleaning up such an area. The posting identifies the area as being subject to maintenance by the Department of Public Works, identifies the action date, and advises all with property on the site that property which remains on the site on the action date is subject to disposal. 3 /4/2009 IP3 March, 2, 2009 ~Z'.3o P r-1 Eleanor M. Dilkes PI',AR - 2 ~~~g City Attorney City Hall 410 East Washington Street Iowa City, IA 52240 Dear Eleanor, I am aware of concern by some community members about whether or not I had a conflict of interest by participating in the discussion about the Mayor's request of the city council to send a letter to the Iowa City Community School District's Board of Education about the district's School Facility Improvement Plan. Since I began on city council in 2000, we have had several opportunities, because of my community involvement and past employment, to examine state and federal conflict of interest statues as well as HUD administrative rules. Accordingly, I have tried to be attentive to the applicable laws and rules by asking clarifying questions during our meetings and through consultation with your office. At the time of the council's work session, I do not believe that I had a conflict of interest given two things. First, there was no draft letter prior to the city council's work session for me to assess whether or not there would be a conflict for me. Second, the equity issues related to facilities (racial/social-economic segregated schools and physical accessibility problems) were already identified by the Iowa Department of Education (DOE) during a scheduled comprehensive review and report to the school board in March of 2008. In light of the expressed concern and for future guidance on this issue, I am asking you for a formal legal review and opinion to either reaffirm that I had no conflict of interest at the time of council's discussion, or to determine if I was conflicted and the nature of that conflict. The nature of the expressed concern is about any conflict of interest and my outside employment, from the city, with the Iowa City Community School District in my role as the Equity Director. More specifically, some have stated that they have concerns because there are equity issues involved with the school board's decisions relating to the building plan. My understanding of state law in this area, based on past consultation with you about Iowa Code and conflict of interest statutes, is that employment in any particular area by itself does not necessarily create a legal conflict of interest. For example, a council member owning a business in the downtown area would not necessarily create a conflict of interest and preclude that member from discussions or a vote on an action the council might consider that impacts the downtown business district. Conflict of interest determination would be handled on a case by case basis and that council member could proceed with the discussions and gather information, through those discussions to assist in determining if that member is conflicted from acting on the issue. Your formal legal opinion will assist me in determining any future potential conflict of interest as the school district continues with its planning and discussions, should the city council again be asked for some formal action. Please let me know if I can provide any information about the nature of my job responsibilities or you may want to contact the school district's superintendent or human resources director if you believe that would be more appropriate. Thank you, ,n2 '. 3 o P n2 P~,AR - 2 2009 Ross Wilburn Councilmember ~ r ~~.'~l~`'~~ ~~~~~ -~..~ CITY OF IOWA CITY IP4 MEMORANDUM DATE: March 5, 2009 TO: Mayor and City Council FROM: Marian K. Karr, City Clerk ~~~~ RE: Special Work Sessions -Priority Setting Process Based on your direction at the March 4 special work session we will need to set aside some additional meeting dates for City Priority Setting. Please check your schedules and come prepared on Tuesday to discuss the possible meeting dates indicated below. In addition, please provide me with any dates that you are unable to meet in the coming few months. PICK ONE: Monday, March 30 Tuesday, March 31 PICK ONE: Monday, April 13 Tuesday, April 14 PICK TWO: Tuesday, May 26 Wednesday, May 27 Thursday, May 28 Friday, May 29 We are looking for approximately 4 hour blocks of time for each meeting. Meetings can be scheduled during the day or in the evening. u:prioritysetting.doc ~~~.®~ ~t .:III +' p~~~ CITY OF IOWA CITY IP5 MEMORANDUM Date: March 4, 2009 To: City Council From: Douglas Boothroy, rec of o g and Steven J. Rackis, Housi g Administrator Re: Update on the status o the Public Housing damaged in the Flood o 2008 n Services it located at 608 Eastmoor that was The Public Housing single family house located at 608 Eastmoor in the Park View Neighborhood suffered significant damage in the Flood of 2008. The house is located in the 500-year flood plain. Floodwater depth in the house was approximately 32 inches. As a result of flood damage, the house was completely gutted and the exterior siding removed. The Housing Authority had private flood insurance to cover the damages and received Public Housing funds to elevate and reconstruct the house. The Housing Authority received an insurance payout from the Assisted Housing Risk Management Association (AHRMA) of $57,723.24 and a Capitol Fund Grant from the Federal Department of Housing and Urban Development (HUD) of $56,725.00. While several options were considered (e.g., rehabilitation, rehabilitation and elevation, new construction elevated above 2008 flood levels), we have concluded it is more cost effective and beneficial to use the funds received (approximately $114,000) to build a new home that is energy efficient, universal designed, and incorporates flood protection features (e.g., elevated slab on grade construction with electrical, heating, cooling, appliances, etc. elevated to reduce future flood damage). No general fund money will be needed to complete this project. The Housing Authority has been part of this neighborhood since mid-1990. It has been a good place for tenants to live. The Housing Authority now has the funds to rebuild and reinvest in the neighborhood. If the Council decides to rebuild, the proposed 2009 project timeline would be: • March -Demolish house and site cleaned-up; • July -Begin solicitation of construction bids; • August -September -Begin construction. On March 23, 2009, the Council has scheduled an informal meeting to discuss flood recovery options in the Park View Neighborhood. As part of that discussion, Council should decide whether or not to rebuild 608 Eastmoor. Thank you for your consideration of this matter. hisadm/mem/Update-608 Ea stmoo r.doc r ~~!~®~ CITY (JF ICJ WA CITY ~P6 ~CJRAND~[M ~E Date: March 4, 2009 To: City Council From: Jeff Davidson, Director of Planning and Community Development Re: Update -Flood related activities • Staff is continuing to work with and answer questions from homeowners who are participating in the HMGP buy-out program. • Staff is working out the details for the new Supplemental CDBG funded Single-Family New Construction replacement housing program. The Iowa Department of Economic Development (IDED) is supposed to release the final details by mid-March. • Nasseem Hesler attended the monthly Long Term Recovery Committee meeting on February 24 to discuss the new Unmet Needs Disaster Grant program, the new Emergency Volunteer Center operated by the United Way and FEMA updates. • Jeff Vanatter gave a presentation on the impact of volunteers on CDBG funded flood recovery projects to a subcommittee of the Long Term Recovery Committee on February 27. • Flood recovery staff participated in the weekly conference call with IDED to review the flood recovery programs. A number of PCD staff members attended the Governor's Town Hall meeting at the Old Capitol in Iowa City on March 4tn Iowa City is eligible to present an application to the State of Iowa for funds through the Community Disaster Grants. In addition, Iowa City may want to consider applying for other funds that are becoming available for disaster recovery. Options will be presented to the City Council at its March 23~d work session. IP7 Marian Karr From: Regenia Bailey [bailey@avalon.net] Sent: Thursday, February 26, 2009 10:53 PM To: Marian Karr Subject: FW: Yes Attachments: James C Knapp Current Resume.docx From: Jim Knapp [mailto:jimknapp@mchsi.com] Sent: Thursday, February 26, 2009 2:20 PM To: michelle-buhman@iowa-city.org Cc: regenia-bailey@iowa-city.org; matt-hayek@iowa-city.org; mike-Wright@iowa-city.org; ross-wilburn@iowa- city.org; michael-lombardo@iowa-city.org Subject: Yes Dear Michelle et. al. I agree and will attend if time permits. The problem I have is I am looking for work and even with $43,000,000 worth of building experience including several home in and around Iowa City I was not interviewed for a housing or a building inspectors position with the City of Iowa City. I am considering EEOC action. Being 68 years old is not a valid reason to reject someone from employment or at least give them the courtsey to be interviewed. This may have been because I have been an outspoken person regarding some of the previous council's, city manager's and mayor's actions regarding Marc Moen and the several million dollar giveaway. Time has proven that this was a huge burden to place on the taxpayers of Iowa City. I can say that I have almost always acted with integrity and responsibility. I view the new city manager as a huge improvement to the city staffing. I can say that during the time I spent sandbagging at the Parkview Church, City Maintenance site, and several other places where I was needed that no one told me that I was too old, too outspoken or did not qualify. Not even when I volunteered to clean up the damage from the flood in Iowa City, Coralville, or Cedar Rapids was I rejected. Not even when I drove to Parkersburg and filled dumpsters was I turned away. Not even when I ran my snowblower up and down Rundell St. was I told "not in my yard" was I turned away. Ask Kevin O'Malley or Wendy Ford if I would be a creative asset to the City of Iowa City. Ask Tom Widmer if I have a heart for all people regardless of their skin color, racial background, religious preference, gender preference or orientation. All I really want is a job where I can apply my education and skills gained by experience to help my fellow man, make someone's life a little bit easier and bring glory and honor to my God. Sadly enough I cannot find Connie Champion's or Mike O'Donnell's email address. I am sure they have email or should have and given the law that says the emails regarding public information are to be made available to the public, I can understand why they don't. So please pass this on to them. I reside in the 2nd District in a flood plain that the City refuses to address and hundreds of people here are paying $1000.00 per year for flood insurance. FEMA tells me part of the problem is that College Steet bridge which impedes the flow of water from the Ralston Creek flood plain. Maybe some of the bailout money can reslove that problem. Afterall since I have lived here over 20 years my property has not been even minimally been impacted by flooding. That would cover the 1993 flood and the 2008 flood. I am in a process of preparing and circulating a petition from the other people impacted by the City's lack of attention to the matter. I even have ideas which would lessen the already minimal chance of flooding. On a upnote, I think that with my creative abilities I would be a welcome addition to the planing department. I have ideas that will improve the downtown, help the city deal with the underage drinking problems by providing alternatives, help with ideas regarding water conservation and lessening the burdens on taxpayers. You may have noticed that only Des Moines and Davenport are listed for receiving economic stimulus funding• I find this irresponsible since the projects those cities are proposing have to do with sidewalks, parks, low-come area renovations and public works. Capital expenditures that in Iowa City are pushed back on to the taxpayers making 2/27/2009 Page 2 of 2 Iowa City one of the most higly taxed places in the USA. Much of this was due to the changing the Urban Renewal Plan which then allowed the University of Iowa to own property in the CBD. That took the Jefferson Hotel, The Old Capitol Mall and Plaza Center One off of the tax rolls. The land grab made by the county also reduced the tax base. One question I would have is why does the City have so many residences (80+) which do not pay the rental value? Are their children not attending schools, are their homes not protected by police and fire departments and are any of those properties in the flood plain and not covered by flood insurance? t know these questions show my ignorance but they seem reasonable to me. So does anybody else care. Thank you for your time and attention to this lengthy essay. Please see that Mike and Connie receive copies. Respectfully submitted, James C Knapp 528 Rundell St. Iowa City, IA 52240 Home (319) 354-2443 Cell (319) 325-2443 Unfortunately Connie Champion and Mike O'Donnell do not have email. 2/27/2009 JAMES C KNAPP Phone Home (319) 354 -2443 Cell (319) 325 - 2443 Email iimknapp mchsi.com OBJECTIVE To bring to your attention the experience and education I possess in order to become valuable contributing member of your organization. QUALIFICATIONS & EXPERIENCE I have over 35 years of estimating, project management and aself-employed general contractor. Specifically I have learned and developed my skills in: • Becoming aware of impending projects to keep company competitive • Obtaining and familiarizing myself with construction documents for hard bid and negotiated projects • Preparing accurate estimates of company provided services • Soliciting bids from reputable subcontractors • Requesting, receiving and reviewing quotations from materials suppliers to ascertain compliance with design, verifying proposed quantities and adding information to data bases • Working closely with all member of the team to insure maximum efficiency • Blueprint reading and detailing specific areas for field clarification • Reviewing required shop drawings for compliance with plans and specifications • Scheduled and held progress meetings as needed to maintain focus and timely completion • Worked with architects, engineers and owners to assure the workmanship and progress meets their expectations • Coordinated the sub-contractors, material suppliers activities are timely and meet the project specific requirements • Direct activities of company tradesmen to achieve quality workmanship, OSHA compliance and timely performance • Process CARS and pricing out change orders. • Providing value-engineering suggestions to meet the customer's needs and budget • Tracking job costs and comparing them to the estimates • Visit jobsites as much as needed to insure timely performance and meeting company quality standards. • Working closely with local licensing and inspecting agencies to insure code compliance JAMES C KNAPP EMPLOYMENT HLSTORY DATES OF HIRE EMPLOYERS CONTACTS POSITIONS HELD 2007 ACT Human Relations Test Scorer 2003 to 2008 NCS HR 358 4500 Test Scorer 2000 to 2002 High Development (319) 447 1430 Est. -Pro Mgr 6/1997 - 4/1999 Magill Construction Co. HR (262)723 2283 Est. Pro Mgr 5/1996 - 5/1997 George S May Intl. Co. Fax (847) 292 7488 Staff Executive 6/1994 - 4/1996 Berry Development Corp. Daniel Olmstead Est. -Pro Mgr 4/1985 - 6/1994 1im Knapp Construction Self employed Gen. Con. 7/1978 - 4/1985 Berry -Mahurin Const. Randall Mahurin Est.-Pro Mgr 4/1974 - 7/1978 Jim Knapp Construction Self employed Gen. Con. 2/1967 - 4/1974 Component Homes, Inc. Business closed Acct. Mgr. • Since April of 1974 until the present when not employed in the listed above positions, I have owned and operated Jim Knapp Construction and Business Consulting. During that time I have built single- family residences, performed remodeling and renovation at the University of Iowa, consulted to various businesses regarding their construction and business related concerns, accomplished major renovation projects at the Congregational Church in Iowa City and accomplished various residential and commercial projects. EDUCATION AND OTHER RELATIVE EXPERIENCE Clear Lake Iowa Public Schools North Iowa Area Community College United States Army Engineer School United States Army North Iowa Area Community College University of Iowa -Iowa City, Iowa Varco Pruden Pre-engineered Design Graduated Enlisted U S Army Fort Belvoir, VA Honorable Discharge Transferred to U of I BBA Accounting Graduated Certificate May 1958 October 1959 June 1960 October 1962 September 1964 May 1970 COMPUTER SKILLS AND PROFICIENCY Microsoft Office 2007 (Word -Excel - PowerPoint -Access- Project) Windows XP -Varco Pruden Pre-engineered Building Design and Estimating -Auto Cad 13 (limited experience) Timberline Estimating and Accounting (limited experience) -Windows XP operating system The following chart of project experience may not format properly in attaching to the preceding resume or email conveyance. The intent is to show the varied and extensive experience I have gained over the years of working in the construction industry. The numbers are my best recollections of the 30 + years of working in construction as a project manager or estimator as well as a general contractor. I have worked with diverse people and always respected their diversity as well as dedication to quality workmanship. JCK JAMES C KNAPP PROJECT ACCOMPLISHMENTS Classification of Projects Iowa Board of Regents University Hospitals 21 Schools & Churches 19 Civic & Municipal 3 Manufacturing & Industrial 3 Retail & Medical Centers 15 Apartment Building Units 54 Single Family Homes 18 • Adjusted for current building costs Remodeling & Additions 15 Total Size in Square Feet Dollar Cost Estimating Managing Gen Co $1,654,000 9 11 1 53840 $1,185,000 13 13 8 83580 $16,118,200 9 11 8 8500 $965,000 3 3 0 162400 $1,701,000 3 3 0 255000 $7,830,500 5 9 1 42000 $3,973,200 2 4 0 27000 $4,320,000 * 2 2 18 13000 $213,000 7 7 8 $43,257,000 • The above projects are a recap of projects performed over several years and are either as a general contractor or as a project manager for one of the several employers listed on the previous sheet. Housing values have been adjusted for current building costs. Others are not adjusted and would be substantially higher if current construction costs were to be applied. IP8 Marian Karr From: Anthony Grego [tonygrego@yahoo.com] Sent: Sunday, March 01, 2009 8:09 PM To: Jann Ream Cc: Michael Lombardo; Council; cindy.jones@iowa.gov Subject: RE: Re: Hi Jann, Let me thank you again for your e-mail. I received the information you sent in the mail to my house and there was a nice hand written note on the tag that said, "I keep getting calls that your sidewalks are icy, but you've done a great job." I assume that note came from you and if so, I appreciate your sympathy. I took my nephew outside today and the two of us measured the distance from where I usually shovel to south of my driveway up to the pink property marker. The total distance was eighteen feet, so not even two free-throws distance. Anyway, Marty (my nephew) was utterly aghast by the ongoing saga. Anyway, I am curious why the letter that was sent to my house was not a copy of the original, but one with a February 25th date. I understand you wanting me to just read the content, but do yoti not have an original copy and if not, how do you know a letter was sent? Also, given how cheap it is to take a photo these days, I was wondering if you take a photo before ordering snow removal. I suspect not, but you may want to start that practice in the future. Here are my thoughts again on this issue. For starters, I think this was a neighbor that doesn't like me or a woman that was previously harassing me filing these complaints. In fact, I've had difficulties with my neighbors since I moved in there. If all these complaints came from the same phone number or IP address, then that would be easy to determine. I have been the victim of this type of discrimination before, so I would ask you to please check on this matter. Jann, I think you and City Manager Lombardo are making a mistake on this issue. If you e-mailed me and said, "That amount of money sounds a bit high given the facts," I would have paid the city for the eighteen feet, but I cannot, in good conscience, pay you for the entire amount. As Gandhi once said, "If I am but a minority of one, the truth is still the truth." On a forty-one degree day, I just do not believe that two grown men worked on my eighteen feet of sidewalk for an hour and a hal£..using up a bag of salt in the process. What you may not realize is that my refusing to pay and this being assessed to Nathalie may be cause for my family to lose our housing. I want to make the consequences of your actions very clear. There is a sociological term called "diffused responsibility" in where everyone simply feels it is the other persons job and so nothing is done to correct the wrong, so at best, I have used this excuse to rationalize the city's inaction on my case. In closing, I worked for many years in politics (running Al Gore's campaign in CO and consulting on behalf of Obama), and I worked in that field to help those in need. I guess this is a case in which I will have to reach out for help. I am CCing this e-mail to both the Iowa City Council and Cindy Jones over at the governor's office. I want to make sure that if I am discriminated against that I receive due process. Again, thank you for your thoughts and consideration concerning this matter. 3/2/2009 Page 2 of 7 Sincerely, Anthony P. Grego --- On Fri, 2/27/09, Jann Ream <Iann-Ream iowa-city.org> wrote: From: Jann Ream <Jann-Ream@iowa-city.org> Subject: RE: Re: To: tonygrego@yahoo.com Cc: "Michael Lombardo" <Michael-Lombardo@iowa-city.org> Date: Friday, February 27, 2009, 3:59 PM Mr. Grego - I think that I have given you all the information I can concerning this snow complaint. If the bill is not paid, there is a process where it is assessed to the property tax. The property owner is notified as to which City Council meeting the assessment is discussed. That is the time and place where the bill can be appealed. I understand that this is not a small sum of money and may be difficult to pay in one lump sum. The accounting department can set up a payment plan to make payment easier. If you wish to do this, please contact Justin Armatis at 356-5083. Jann Ream Code Enforcement Asst. City of Iowa City From: Anthony Grego [mailto: tonygrego@yahoo.com ] Sent: Wednesday, February 25, 2009 7:31 PM To: Jann Ream Cc: Michael Lombardo Subject: RE: Re: Jann, Again, thank you for taking the time to respond. If I read you correctly, you are stating that on a 41 degree day (January 21st) it took two grown men and a $14 bag of salt to clear that last 25 feet of sidewalk...the portion that I was unaware was part of my property (I do not want to get pitted against my landlady...she probably thought the property manager had told me). I find this hard to believe. Again, I would invite you and the city manager to come by my house (1228 Muscatine Ave. ,just down from City Hall) and I want you to look me in the eyes and tell me what you are stating is true. Jann, if I have to teach my sons to be honest, I have to expect the same from the grown ups in which I come in contact. What do you want me to tell my children? I really don't know what to say at this point, other than I obviously want to appeal this and if we have to go to court, then so be it. I realize it is hard when one gets confronted to say, "you know, this was probably not entirely accurate," but I would ask you to be honest. 3/2/2009 Page 3 of 7 Sincerely, Tony Grego --- On Wed, 2/25/09, Jann Ream <Iann-Ream iowa-city.org> wrote: From: Jann Ream <Jann-Ream@iowa-city.org> Subject: RE: Re: To: tonygrego@yahoo.com Cc: "Michael Lombardo " <Michael-Lombardo@iowa-city.org> Date: Wednesday, February 25, 2009, 12:45 PM Mr Grego - As I explained, the second time an inspector was at your house was to do a re-inspection for the initial violation. Believe me, this department does not have the time or the inclination to arbitrarily or randomly inspect properties for snow violations. Every inspection is initiated by a citizen complaint -there is nothing subjective about this process. As a matter of fairness, if we are called to a certain property to investigate a snow violation, we will tag any other properties on that same block (same frontage from intersecting street to intersecting street) that are also in violation. If in the course of a snow season we are called back to property by a complaint and that property has been tagged earlier in the season, it is considered a second offence. The contractor is notified to clear the walk and no further notification is given. Please keep in mind that in addition to the tag left at the property, a notice is also sent to the owner of the property with the same information including that no further notification will be sent. I am mailing you a copy of City's snow removal policy which is adopted by resolution of City Council. The inspector who re-inspected your walk was very specific about the entire width of the walk not being shoveled and also about the south 25ft not being cleared at all. Although you may think the bill was very high, I would ask you to consider this: Since you (and presumably your landlord) were not aware that the south 25ft of sidewalk was yours to clear, then it is likely that it was not cleared since the beginning of the season. Some of the first snow events of the season were actually ice events. If that section was covered with ice and then several inches of snow all of which were packed down hard from pedestrians using the walk for 8 weeks, there would have been several difficult layers of snow/ice to remove from the walk. This would have taken a lot of ice melt (the $14.00 bag of melt used by the contractor is a 401b bag- the less expensive bags of ice melt are also less in quantity) and considerable effort and time on the part of the workers. You may live on a small lot but is does have 80ft of sidewalk. Given the logical presumption that at least 25ft of the walk had not been cleared all season, the time and ice melt charge from the contractor does not seem unreasonable. From: Anthony Grego [mailto: tonygrego@yahoo.com ] 3/2/2009 Page 4 of 7 Sent: Wednesday, February 25, 2009 12:48 PM To: Jann Ream ; Joe.Winters@kcrg.com Cc: Michael Lombardo Subject: RE: Re: Joe, Ms. Ream, I appreciate you taking the time out of your busy schedule to address my concern. Yes, I was completely shocked to come home last night after a typical twelve hour shift at MECCA Services to find my property manager had placed your invoice in my mailbox. Since I am at work presently, and given the fact the residential unit is filled to capacity, I hope you will exuse the use of bullets to save time. The following are my responses: . I was not aware that you could just continue to stop by or target houses that had previously been tagged. This must prove extremely unfortunate for elder citizens and at times must be an entirely subjective process. I am not sure if any department at the city should have the right to just subjectively fine the city's residents. Do you at least have some guidelines that you can submit to me? Since receiving the aforementioned tag, I have been hypervigilant about removing my snow within a 24hour period, not because I was aware that you could fine me without a tag, but rather because I did not want to take the chance of the sidewalks icing up again. Also, I have never just shoveled a single lane down my sidewalk...never. . I was not aware that the property line extended south of my garage, but I will not hold either Trent or Natalie responsible for that fact. That house recently (last year) changed hands and I believe the previous owners felt that was their property. . I am not entirtely sure of your snow records and I am sending a copy of this to Joe Winters to assess. I supect you are being accurate, but again and I will get this in my fianl point, there is some fudging taking place. Lastly, I most certianly want to address this issue with you. "A work order was sent to our contractor and on 1/21, they cleared the sidewalk. Their records show that there were two people there for 1.5 hours and they used 1 bag of ice melt. They charge $35.00 per person per hour and $14.00 per bag of ice melt. The City then charges a $50.00 administrative fee as indicated on the original notice." 3/2/2009 Page 5 of 7 Jan, I live on the smallest available lot in the city of Iowa City . Alone it takes me approximately fifteen minutes to clear my sidewalk and driveway. Since I know there was no ice accumulation (see reason above), I know this is entirely falsified. I gladly invite you and City Manager Lombardo over to my house (1228 Muscatine) to assess my property. If you honestly feel it would take two men an hour and a half and a fourteen dollar bag of ice melt (I buy mine for under $5 and use about a quarter bag) On Wed, 2/25/09, Jann Ream <Iann-Ream@iowa-city.org> wrote: From: Jann Ream <Jann-Ream@iowa-city.org> Subject: RE: Re: Joe, To: tonygrego@yahoo.com Cc: "Michael Lombardo " <Michael-Lombardo@iowa-city.org> Date: Wednesday, February 25, 2009, 8:48 AM Mr. Grego - I just received your message left on my voice mail concerning the snow invoice your landlord forwarded to you. I was able to determine an explanation of the charges from our records. I understand that you are very upset. I would ask that you read through the explanation and then if you have further questions, please contact me (356-5120). This is what our records indicate: on 1/7/09, this office received a complaint about the public sidewalk adjacent to 1228 Muscatine via the citizen complaint email page on the Iowa City web site. An inspector, Ryan Olson (356-5136) went out that same day and determined that sidewalk was not cleared and left a tag at the property to notify you. The information stated on the tag is important. First, it explains the ordinance -all snow and ice must be removed from public sidewalks within 24 hours of accumulation and the sidewalk must be cleared down to concrete for the entire width. Second, the responsible party is given another 24 hours to remove the snow and ice. Finally, it is stated very clearly and in bold type that this is the only warning that will be given this snow season. "Subsequent violations at this property will be cleared without further notification to the property owner or tenant." Your message indicated that both you and your landlord cleared the snow after receiving notice. I have no doubt that this is the case. Again, this is what our records indicate: on 1/8 & 1/9 (Thursday & Friday) it started snowing. Because we did not know how much snow would fall, re-inspections on snow complaints did not happen. On Saturday, 1/10, about 3-4" of snow fell. Normally we would have done re-inspections on Monday, 1/12, but it started snowing again and by the morning of Wednesday, 1/14, another 7 inches had fallen. This was also the week it turned bitter cold. A decision was made not to send out inspectors into that weather and we certainly did not expect citizens to expose themselves to such dangerous conditions either. On Monday and Tuesday, 1/19 &1/20, of the following week it started to warm up and by Wednesday, 1/21, it was in the 30's. Inspectors did re-inspections on that Wednesday. Please keep in mind that between the day your initial notice was left (1/7) and the day the re-inspection was done (1 /21) approximately 10 inches of additional snow accumulated. The original notice you received made it clear 3/2/2009 Page 6 of 7 that this accumulation needed to be removed within 24 hours of accumulation. When the inspector went back out to your property he noted two things. First, that the walk in front of house had only been partially cleared -it was not cleared the full width -and second, that the walk south of your driveway was not cleared at all. After checking Johnson County 's GIS map site, it was apparent that the configuration of the lot at 1228 Muscatine includes a triangle of land south of the driveway that is adjacent to approximately 25ft of sidewalk. It is possible that you were unaware that this area was part of the property and you may have some ground to negotiate the invoice with your landlord if she had not made that clear to you. A work order was sent to our contractor and on 1/21, they cleared the sidewalk. Their records show that there were two people there for 1.5 hours and they used 1 bag of ice melt. They charge $35.00 per person per hour and $14.00 per bag of ice melt. The City then charges a $50.00 administrative fee as indicated on the original notice. Hopefully this clears up the confusion you indicated in your message about the difference in time between when you cleared the sidewalk and when you were charged for clearing. If you have further questions, please contact me. Jann Ream Code Enforcement Assistant City of Iowa city From: Jann Ream Sent: Wednesday, February 25, 2009 8:34 AM To: 'tonygrego@yahoo.com ' Cc: Michael Lombardo Subject: RE: Re: Joe, Mr. Grego - If you would like to call me directly at 356-5120, I would be happy to explain the snow removal enforcement process. I need to know what address you are referring to in order to get you all of the pertinent information. Please keep in mind that depending on when a complaint was registered, the snowfall generating the complaint may have happened several days before you received notification. Jann Ream Code Enforcement Assistant City of Iowa City From: Anthony Grego [mailto: tonygrego@yahoo.com ] 3/2/2009 Page 7 of 7 Sent: Tuesday, February 24, 2009 11:15 PM To: Michael Lombardo ; Jann Ream Subject: Fw: Re: Joe, --- On Tue, 2/24/09, Joe Winters <Joe.Winters@kcrg.com> wrote: From: Joe Winters <Joe.Winters@kcrg.com> Subject: Re: Joe, To: tonygrego@yahoo.com Date: Tuesday, February 24, 2009, 9:38 PM Tony, The Iowa City Airport did not report any snow on the NWS Climate data on the 5th or 6th. Let me know if need any more information. Joe Meteorologist Joe Winters 319-398-8422 KCRG-TV 9 / Loca19.2 KCRG.com ----- Original Message ----- From: Anthony Grego < tonygrego@yahoo.com > To: Joe Winters Sent: Tue Feb 24 22:33:48 2009 Subject: Joe, The city of Iowa city is trying to scam me on a fake snow removal fine. Do you know if it snowed on February 5th or 6th? Thanks, Tony Grego 3/2/2009 ~ vv-vV-VJ ,~ IP9 ,. i/ ~,~ .+ ~~~ ._ BUILDING PERMIT INFORMATION February 2009 KEY FOR ABBREVIATIONS .Type of Improvement ADD -Addition ALT -Alteration REP -Repair FND -Foundation Only NEW-New OTH -Other type of construction Type of Use RSF -Residential Single Family RDF -Residential Duplex RMF -Three or more residential RAC -Residential Accessory Building MIX -Mixed NON -Non-residential OTH -Other Page : 2 City of Iowa City Date : 3/4/2009 Extraction of Building Permit Data for To : From : 2/ 1 /2009 2/28/2009 Census Bureau Report Type Tune Permit Number Name Address Imnr Use Stories Units Valuation BLD08-00871 U OF I SCHOOL OF ART 1375 HIGHWAY 1 ADD NON 0 0 $30,000 2 EXTERIOR KILNS FOR TEMPORARY ART CAMPUS Total ADD/NON permits : 1 Total Valuation : $30,000 BLD09-00047 DUVEEN ROBINSON 2122 F ST ADD RSF 0 0 $3,000 DECK ADDITION FOR SFD AND MOVE ELECTRICAL SERVICE Total ADD/RSF permits : 1 Total Valuation : $3,000 BLD09-00038 GRANDVIEW LLC 332 S LINN ST #401 ALT MIX 0 0 $8,000 ALTERATION OFCONDOMINIUM APARTMENT UNIT #401 Total ALT/1VIIX permits : 1 Total Valuation : $8,000 BLD08-00887 CITY OF IOWA CITY 410 E WASHINGTON ST CITY ATTORNEY'S OFFICE REMODEL BLD09-00014 DAIRY QUEEN 660 EASTBURY DR DAIRY QUEEN RESTAURANT IN TENANT SPACE BLD09-00036 RBD IOWA CITY LLC 210 S DUBUQUE ST REMODEL BASEMENT CONFERENCE AREA OF HOTEL BLD09-00064 MIDWESTONE BANK 102 S CLINTON ST Install door between two separate buildings under same ownership BLD09-00041 EASTWIND HOLISTIC HEAL 221 E COLLEGE 211 INTERIOR PARTITION TO DIVIDE TREATMENT ROOM BLD09-00066 CLAUDIA ORTIZ 171 HIGHWAY 1 WEST Change floor seating layout and occupant load Total ALT/NON permits : 6 ALT NON 3 0 $130,000 ALT NON 1 0 $130,000 ALT NON 0 0 $75,000 ALT NON 0 0 $15,000 ALT NON 0 0 $5,000 ALT NON 1 0 $1,400 Tota l Valuation : $356,400 BLD08-00877 BARBARA BRADAC 627 LARCH LN ALT RDF 0 0 $180,000 REMODEL OF DUPLEX UNIT BLD09-00016 MIKHAIL BERGAL & OLGA 1315 DOLEN PL ALT RDF 0 0 $1,000 WINDOW BY FIREPLACE FOR DUPLEX UNIT Total ALT/RDF permits : 2 Total Valuation : $181,000 BLD09-00023 BARBARA BURGER 12 COLWYN CT ALT RMF 2 0 $10,000 ADD BEDROOM/BATHROOM TO RMF UNIT Total ALT/RMF permits : 1 Total Valuation : $10,000 BLD09-00037 FAUST, BARBARA F 135 HUMMINGBIRD LN ALT RSF 0 0 $49,000 BASEMENT FINISH FOR SFD BLD09-00032 SAMUEL & JUANITA HAHN 423 TERRACE RD ALT RSF 0 0 $18,000 ADD LAUNDRY AND REDUCE BATHROOM SIZE FOR SFD City of Iowa City Page : 3 Date : 3/4/2009 Extraction of Building Permit Data for To : 2/ 1 /2009 Census Bureau Report From : 2/28/2009 Type Tvne Permit Number Name Address Imnr Use Stories Units Va]uation BLD08-00814 BRADLEY G KALDAHL 701 NORMANDY DR ALT RSF 0 0 $10,000 ELEVATE HOUSE ABOVE 100 YEAR FLOOD EL EVATION BLD09-00044 BRENT & DAN PUTZ 2008 WESTERN RD ALT RSF 0 0 $6,000 BASEMENT BATHROOM FOR FINISHED BASEMENT IN SFD BLD09-00048 PRO HOME SOLUTIONS 742 RUNDELL ST ALT RSF 2 0 $5,000 ADD 2ND STORY BATHROOM TO SFD BLD09-00046 STEVEN R & CAROL B SPA 3217 SHAMROCK DR ALT RSF 1 0 $1,000 REMOVE WALL AND CLOSE DOORWAY IN SFD BLD09-00058 DONNELLE O ROBINSON 1610 COLLEGE COURT PL ALT RSF 0 0 $1,000 Permit for existing bedroom in basement Total ALT/RSF permits : 7 Total Valuation : $90,000 BLD08-00260 BRADFORD J & PATRICIA S 728 OAKLAND AVE NEW OTH 0 0 $4,000 96' of 8' fence on property line Total NEW/OTH permits : 1 Total Valuation : $4,000 BLD09-00007 ARLINGTON DEVELOPMEN 72 BRENTWOOD DR NEW RDF 1 2 $386,011 DUPLEX WITH ATTACHED 2 CAR GARAGES Total NEW/RDF permits : 1 Total Valuation : $386,011 BLD09-00027 SOUTHGATE DEVELOPMEN 1088 RYAN COURT NEW RSF 1 1 $254,000 SFD WITH ATTACHED 2 CAR GARAGE BLD08-00775 FRANTZ BUILDERS INC 3647 DONEGAL CT NEW RSF 2 1 $235,000 S.F.D. with three car garage BLD08-00774 FRANTZ BUILDERS INC 3617 DONEGAL CT NEW RSF 1 1 $210,000 S.F.D. three car garage BLD08-00804 ADVANTAGE CUSTOM BU 1753 MACKINAW DR NEW RSF 1 1 $184,159 SFD WITH ATTACHED 2 CAR GARAGE BLD08-00759 ADVANTAGE CUSTION BU 1717 MACKINAW DR NEW RSF 1 1 $155,089 S.F.D. with two car garage BLD08-00824 ADVANTAGE CUSTOM BU 1735 MACKINAW DR NEW RSF 1 1 $155,089 SFD WITH ATTACHED 2 CAR GARAGE BLD09-00042 IOWA VALLEY HAB FOR HL 2527 WHISPERING PRAIRI NEW RSF 1 1 $143,062 SFD WITH ATTACHED SINGLE CAR GARAGE Total NEW/RSF permits : 7 Total Valuation : $1,336,399 BLD09-00012 MGD LC 1660 SYCAMORE ST REP NON 0 0 $398,152 REROOF MALL BUILDING BLD09-00056 NANCY E RILEY & TOM RI 1210 HIGHWAY #6 WEST REP NON 2 0 $180,765 FLOOD REPAIR FOR OFFICE BUILDING BLD09-00060 NEWMAN CATHOLIC STU 104 E JEFFERSON ST REP NON 0 0 $8,100 REPLACE ENTRY STEPS Page : 4 Date : 3/4/2009 To : 2/ 1 /2009 From : 2/28/2009 City of Iowa City Extraction of Building Permit Data for Census Bureau Report Tune Twe Permit Number Name Address Imnr Use Stories Units Valuation Total REP/NON permits : 3 Total Valuation : $587,017 BLD08-00798 NANCY HAGGERTY 15 IDYLLWILD CT FLOOD REPAIR AND WINTERIZE RMF UNIT BLD09-00025 GLORIA GELMAN 18 COLWYN CT FLOOD REPAIR FOR RMF UNIT BLD09-00059 JEFF MILLER CONSTRUCTI( 26 COLWYN CT FLOOD REPAIR FOR RMF UNIT BLD09-00024 LONI PARROTT 14 COLWYN CT FLOOD REPAIR FOR RMF UNIT BLD08-00791 DOUGLAS A WALLACE 45 COLWYN CT FLOOD REPAIR FOR RMF UNIT BLD09-00022 JEAN A DATERS 43 COLWYN CT FLOOD REPAIR FOR TOWNHOUSE UNIT BLD08-00796 GREATHOUSE PROPERTIES 116 PENTIRE CIR WINTERIZE FLOOD DAMAGED RMF UNIT ADD TOTAL REHAB TO PERMIT (2/5/2009) BLD08-00796 GREATHOUSE PROPERTIES 116 PENTIRE CIR WINTERIZE FLOOD DAMAGED RMF UNIT ADD TOTAL REHAB TO PERMIT (2/5/2009) BLD09-00050 CHARLES EASTMAN 37 COLWYN CT FLOOD REPAIR FOR RMF UNIT BLD09-00039 GREATHOUSE PROPERTIES 41 TREVOSE PL FLOOD REPAIR FOR TOWNHOUSE UNIT IDYLLWILD 22 BLD09-00057 VIRGIL OLNEY 12 IDYLLWILD CT FLOOD REPAIR FOR TOWNHOUSE UNIT BLD09-00015 JOHN ROFFMAN 515 E COLLEGE ST WINDOWS AND RESIDING FOR MULTI-FAMIL Y DWELLING BLD09-00055 KIM BROGAN & ANDY BOC 23 PENTIRE CIR FLOOD REPAIR FOR RMF UNIT REP RMF 2 0 $130,000 REP RMF 2 0 $100,500 REP RMF 2 0 $100,000 REP RMF 2 0 $83,000 REP RMF 0 0 $70,000 REP RMF 2 0 $69,000 REP RMF 2 0 $64,000 REP RMF 2 0 $64,000 REP RMF 2 0 $55,000 REP RMF 2 0 $48,800 REP RMF 0 0 $48,800 REP RMF 0 0 $12,700 REP RMF 2 0 $10,000 Total REP/RMF permits : 13 Total Valuation : $855,800' BLD09-00021 JERRY ANTHONY 713 EASTMOOR DR FLOOD REPAIR FOR SFD BLD09-00040 832 ND LLC 832 NORMANDY DR FLOOD PROOF AND REHAB SFD BLD09-00033 GARY KLINEFELTER & CI 716 NORMANDY DR FLOOD REPAIR FOR SFD BLD08-00697 RICK WOODARD 441 S GOVERNOR ST WINDOW REPLACEMENT FOR SFD IN HISTORIC DISTRICT RESIDING REP RSF 0 0 $95,000 REP RSF 0 0 $59,808 REP RSF 1 0 $40,000 REP RSF 2 0 $18,000 Total REP/RSF permits : 4 Total Valuation : $212,808 GRAND TOTALS : PERMITS : 48 VALUATION : $4,060,435 IP10 Marian Karr From: Regenia Bailey [bailey@avalon.net] Sent: Monday, March 02, 2009 5:58 PM To: Marian Karr Subject: FW: Heartland Disaster Tax Relief meeting For the packet. From: Leshtr, David [mailto:David.Leshtz@mail.house.gov] Sent: Wednesday, February 25, 2009 5:07 PM Subject: Heartland Disaster Tax Relief meeting Congressman Loebsack is hosting a meeting in Coralville on March 7 to discuss disaster tax relief provisions and how they apply to Iowa. Kristy Maitre, Tax Specialist and IRS Stakeholder Liaison, will provide an overview of disaster relief provisions and how they apply to Iowa, and also answer general questions. Saturday, March 7 2:00-3:00 Coralville Public Library, Room A This meeting is open to the general public. Please feel free to let interested organizations and individual constituents know. Thankyou- David Leshtz District Representative Congressman Dave Loebsack 125 S. Dubuque St., Plaza Center One Iowa City, Iowa 52240 319-351-0789 3/3/2009 03-05-09 IP11 MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION FEBRUARY 5, 2009 - 7:30 PM -FORMAL CITY HALL, EMMA J. HARVAT HALL MEMBERS PRESENT: Ann Freerks, Josh Busard, Charlie Eastham, Wally Plahutnik, Elizabeth Koppes, Tim Weitzel MEMBERS ABSENT: Michelle Payne STAFF PRESENT: Bob Miklo, Christina Kuecker, Sarah Greenwood Hektoen OTHERS PRESENT: Duane Musser, Larry Jewell, Chester Schulte, Sarah Jewell, Davis Tokuhisa, Kolleen Shield, Robert Hegeman, Linda Dyer, Karl Ebert, Jayne Sandler RECOMMENDATIONS TO CITY COUNCIL: The Commission recommended approval of SU608-00010/REZ08-00011, an application submitted by S&J Development LLC for a rezoning of 18.58 acres from Interim Development Single-Family Residential (ID-RS) to Low Density Single Family (RS-5), a rezoning of 44.29 acres from Rural Residential (RR-1) to Low Density Single Family (RS-5), a rezoning of 82.3 acres from Low Density Single Family (RS-5) to Planned Development Overlay Low Density Single-Family (OPD-5), and a preliminary plat of Country Club Estates Parts 3-8, a 170 lot, 82.3 acre residential subdivision located on Rohret Road, east of Slothower Road. The approval is subject to the following: 1. The portion of Rohret Road adjacent to lots 1 and 38 being improved to city standards by the developer, and the extension of Lakeshore Drive being completed in the first phase of development; 2. The development of the 7th and 8th additions shall not occur until the improvement of the remainder of Rohret Road is in the CIP and the applicantlowner pays their fair share of the improvements to Rohret Road. If Rohret Road is not included in the CIP, then ID-RS zoning is to be retained on the 6th and 8th additions unless the applicant agrees to improve the portion of Rohret Road adjacent to the subdivision; 3. The southern portion of Slothower Road being vacated such that lots 91-95 and 164-170 do not become double fronting lots. If the southern portion of Slothower Road is not vacated, no lots west of Desert Lane shall be preliminary platted and an alternate design shall be created that eliminates the double fronting lots; 4. The Wetland Mitigation Plan being approved by the U.S. Army Corps of Engineers; 5. Along. term maintenance plan for the wetland private open space by the homeowners' association being included in the legal papers with the final plat; 6. A revision to the preliminary plat to reflect a 33-foot right-of-way on the south side of Rohret Road. The vote was 5-1 (Eastham voting no and Payne absent). The Commission voted 5-0 (Busard abstaining; Payne absent) to recommend denial of CZ09- 00002, an application submitted by Richard Wonick for a rezoning of 39.80 acres from County Agriculture (A) to County Residential (R) zone located east of Buchmayer Bend NE and west of Hwy 1 NE. The Commission noted that if the application was approved against their recommendation then the improvement of Buchmayer Road should be a condition of approval. Planning and Zoning Commission February 5, 2009 -Formal Page 2 CALL TO ORDER: The meeting was called to order at 7:34 p. m. by Chairperson Ann Freerks PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. DEVELOPMENT/REZONING ITEMS: SUB08-00010/REZ08-00011: Discussion of an application submitted by S8~J Development LLC for a rezoning of 18.58 acres from Interim Development Single-Family Residential (ID-RS) to Low Density Single Family (RS-5), a rezoning of 44.29 acres from Rural Residential (RR-1) to Low Density Single Family (RS-5), a rezoning of 82.3 acres from Low Density Single Family (RS-5) to Planned Development Overlay Low Density Single-Family (OPD-5), and a preliminary plat of Country Club Estates Parts 3-8, a 170 lot, 82.3 acre residential subdivision located on Rohret Road, east of Slothower Road. Kuecker began by addressing concerns and questions brought up by the Commission in the last meeting. Kuecker addressed traffic on Rohret Road and future improvements to be made to the road. Kuecker noted that a number of people at the meeting had expressed concerns for the capacity of Rohret Road, and its ability to handle the traffic that will be generated by 170 more units. Kuecker spoke with transportation planning staff, and was informed that the improved portion of Rohret Road currently has a capacity of between 13,000 and 15,000 vehicles per day. Current traffic counts indicate that it is used daily by 4,000 to 5,000 vehicles. Planning staff estimates an average of seven trips per day, per household; using that figure, a 170-lot subdivision would generate approximately 1,200 additional vehicle trips per day. Thus, transportation planners deem the improved portion of Rohret Road as having more than adequate capacity to absorb the additional traffic from the subdivision. Kuecker acknowledged that delays are experienced at the intersection of Mormon Trek and Rohret Road, but stated that the delays are primarily caused by the high volume of traffic on Mormon Trek Boulevard and the timing of the traffic signals there. Improvements to Mormon Trek are included in the City's CIP Plan, and it is believed that these planned improvements will help to alleviate congestion problems. Specifically, the addition of left-turn lanes and an adjustment to traffic signals should help to resolve current back-up problems. Kuecker noted that there had been concern expressed by area residents about the consequences future improvements to Rohret Road might have on their properties. Specifically, residents were concerned about the effects that the installation of sidewalks, limitations to driveway access, and the possible removal of mature trees might have on their quality of life. City engineering staff has said that it is not likely that sidewalks would be installed on the south side of the road when the road is improved. The engineering staff said that sidewalks would likely not be installed until and unless the area south of Rohret Road is annexed into the city and redeveloped. At that time, city arterial street standards would go into effect, and it is not until then that residents would be limited to one access point off of Rohret Road for their driveways. Contrary to the fears expressed by some residents, the City would not limit them to one access point per driveway if the improvements to Rohret Road that have been discussed in relation to this subdivision are made. The property south of Rohret remains under the jurisdiction of the County and county road regulations would continue to apply. Engineering staff also indicated that every effort to save trees is made when road improvements are done, and that residents who lose trees are compensated for them. Kuecker said that the rate of compensation is worked out when easements or additional right of way required for the road are negotiated. Planning and Zoning Commission February 5, 2009 -Formal Page 3 Kuecker reported that engineering staff had said that they believed they could reconstruct Rohret Road without having to acquire any additional right of way to the south; this was the case for the already improved portion of Rohret Road, and it worked out well. Kuecker addressed the alignment of Lakeshore Drive by saying that city staff and the applicant worked together to design a connection between the already constructed portion of Lakeshore Drive and Rohret Road, creating an intersection at the already-existing intersection of Rohret Road and Rohret Court. The goal is to decrease unnecessary intersections on an arterial street by connecting with existing intersections, thus preventing driver confusion and potential accidents. Additionally, the subdivision code requires a minimum spacing of 600 feet between intersections along an arterial street. The chosen location of Lakeshore Drive provides good neighborhood connectivity and appropriate intersection spacing. The location crosses the wetlands at one of its narrower points and at a somewhat gentle spot in the topography, making the road easier to construct in that location. Questions regarding drainage, run-off and sewer, had been asked both by residents and Commissioners in previous meetings. Kuecker clarified that none of the proposed subdivision drains to the south of Rohret Road. Kuecker stated that with the drainage systems that will be in place, there may actually be less drainage for the neighbors once the subdivision is in place than there is now. Kuecker said that sanitary sewer has been extended to the western-most point. Code requires developers to extend sanitary sewer to the borders of the subdivision. Public Works has indicated that in this case, if the developer extended the sewer beyond the edges of the subdivision it could be problematic and may not function very well. Kuecker said that there are underground drainage tiles in Outlots A and C which will likely be cut during the construction of Lakeshore Drive. Kuecker said that whether the drainage the was reconstructed with the water flowing above ground or below ground would have no detrimental effect on properties to the east. Kuecker said that Country Club Estates needed to be looked at in the context of the larger Comprehensive Plan. The Comprehensive Plan does call for preserving the rural character of the area, but it does so in the context of promoting orderly growth and developing adjacent to areas that are already developed. In Staff's opinion, this development meets the requirements of the Comprehensive Plan in that it is developing next to a developed area, and not creating "leap frog" develpment. Kuecker noted that the Poor Farm Plan adopted by the Johnson County Board of Supervisors does call for trails from Willow Creek into the Poor Farm and extending toward the street system of the development itself. The plan also has a preservation area which indicates that Lakeshore Drive could not be a straight street toward Melrose Avenue and would have to curve and connect into Slothower Road. This is the circuitous collector street pattern also indicated in the development's plans. The park land that has been proposed joins in with property that is already owned by the City. The Comprehensive Plan does state that once Country Club Estates is developed, opportunities should be sought out to add to the already-existing city-owned property to create a larger neighborhood park to serve the area as it continues to develop. Kuecker reminded Commissioners what the Staff recommendations are. Staff recommends the rezoning and subdivision with the conditions that were listed in the Staff report, with the exception that the 6tn addition has become the 7'h addition so condition #3 is no longer necessary. Kuecker outlined the Staff recommendations: 1. The portion of Rohret Road adjacent to lots 1 and 38 being improved to city standards by the developer, and the extension of Lakeshore Drive being completed in the first phase of development; 2. The development of the 7'h and 8"' additions shall not occur until the improvement of the remainder of Rohret Road is in the CIP and the applicant/owner pays their fair share of the improvements to Rohret Road. If Rohret Road is not included in the CIP, then ID-RS zoning is to be retained on the 6'h and 8'h additions unless the applicant agrees to improve the portion of Rohret road adjacent to the subdivision. Planning and Zoning Commission February 5, 2009 -Formal Page 4 3. The southern portion of Slothower Road being vacated such that lots 91-95 and 164-170 (here Kuecker noted that the lot numbers may have changed) do not become double fronting lots. If the southern portion of Slothower Road is not vacated, no lots west of Desert Lane shall be preliminary platted and an alternate design shall be created that eliminates the double fronting lots; 4. The Wetland Mitigation Plan being approved by the U.S. Army Corps of Engineers; 5. Along term maintenance plan for the wetland private open space by the homeowners Association being included in the legal papers with the final plat. Kuecker offered to answer questions from the Commission. Koppes asked Kuecker to restate the sanitary sewer issue. Kuecker said the sanitary sewer is being extended to the easternmost part of the development. Kuecker said there had been some question as to whether the sanitary sewer should be extended even farther eastt; however, Public Works does not feel that that is the proper course of action at this time. Koppes asked what would happen in the future if it became necessary to extend the sewer further east. Kuecker said that Public Works did require easements to be placed upon the boundary line in case sewer lines do need to be extended beyond the development in the future. Koppes asked if they would then be extended at taxpayer expense. Miklo said that it would not. He explained that city code allows the City to require property owners to hook up to the sanitary sewer system if they live within 300 feet of a sanitary sewer line. Miklo said the City does not usually require property owners to do so unless their septic system is failing and they seek Board of Health approval for a new septic system. Miklo said the expense would fall on the property owners that would be replacing their septic systems. Freerks asked if the school district had ever responded to the City's request for comment on the development. Miklo said that it had not, but that a meeting on another matter had taken place with the superintendent, who had mentioned that most schools in town are at or over capacity and that the district plans to build a new school on the west side of town. It is hoped that this will relieve pressure on the current schools in the area. Eastham asked if the expense of extending sanitary sewer would fall on the new property owners for the lots west of the development in the event that they changed hands. Miklo said that it would. He reiterated that while the City can require a property owner to hook up to the sanitary sewer line once it is within 300 feet of their property, it has been the City's practice not to do so until there is an issue with the septic system. Eastham asked about the trail system Kuecker had discussed in her summary. He said that the illustration provided indicated that the trail would connect to Lakeshore Drive, and he wondered if Staff was sure that at least five foot sidewalks were present in that area. Miklo said that the existing part of Lakeshore Drive is a four foot sidewalk, but south of Dunley Court the sidewalks are five feet wide. He noted that the illustration is conceptual and that depending on how things are platted it may be better to hook the trail in at Wildcat Road. The illustration is intended simply to convey the idea that the trail will connect into the subdivision. There were no further questions from the Commission. The public hearing was opened at 7:53 p.m. The applicant was invited to speak first. Duane Musser, MMS Consultants, addressed the Commission, saying that he had Brian Spear, a family member of the developer, with him at the meeting. He said that the applicant agreed with the staff report and the conditions recommended by Staff. He said that he was present to answer any questions the Commission might have. Koppes asked if this development would be forming its own homeowner's association, or would be joining the existing one. Musser said that this was still under discussion. It has not yet been decided if the wetland area will serve as a boundary between the current homeowner's association and a new one, or if Planning and Zoning Commission February 5, 2009 -Formal Page 5 it would all be incorporated into the existing one. He assured the Commission that there would be a homeowner's association of some kind to manage the wetlands, the exact nature of which will be determined prior to submitting a final plat. Larry Jewell, 53 Tucson Place, said that whi-e he did not wish to rehash issues that had been addressed, he would like to address some of the latest information provided to the Commission. Jewell said that traffic delays are not only a problem where Rohret Road intersects with Mormon Trek, but are also a problem at Weber School during school drop off and pick-up times. Jewell suggested that despite engineer ratings for the road, there are issues that need to be addressed. Jewell said that the improvements that will be in the CIP do not alleviate these concerns because the traffic builds up on Rohret Road, not Mormon Trek where the turning lanes are scheduled to be installed. He said that the addition of 170 homes is sure to exacerbate already existing problems. Jewell said he remained concerned about the impact of road improvements to Rohret Road on property owners to the south of the road. He advised serious consideration of the proposal to realign the road to the north to prevent impact on existing properties. He said that based on the history of the area, it is assumed that the southern portion of Rohret Road will be annexed and sidewalks will be installed, putting mature trees to the south at risk in the future. The placement of Lakeshore Drive remains a concern for residents, given the close proximity and the rating of the road. Jewell said that there are multiple options for realigning this road based on the topography, and contended that a less direct route over gentler terrain was possible. Jewell said residents are concerned with the lack of trails and centralized park space. The trail system is currently conceptual with no commitment in place. Jewell said that the property for the proposed park is at the top of the development and will never become centralized because it borders the Poor Farm and an operational farm, neither of which will be developed. Jewell said that a park space centralized along the wetlands would be a better option. Jewell disagreed with the view that the topography did not allow for accessible trails through the wetlands. He said that based on the amount of grading that will be required and the fact that the wetlands will be re-done, the opportunity to provide ADA accessible trails will present itself and will add character to the area. Jewell said that the Comprehensive Plan says that urban density should not occur until public facilities are in place. Jewell said that the public facilities for the area are currently insufficient, noting overcrowded schools, a lack of recreation facilities, lack of timely access to emergency vehicles and fire protection, inadequate streets and a temporary lift station. Jewell said there were concerns about the water pressure that had not been addressed. He noted that the proposed school was an elementary school and did nothing to address overcrowding in the west-side junior high and high school. He said that the Comprehensive Plan clearly states that "the citizens want to preserve the rural character of the far western and southern portion of the district." Jewell said that while planning staff had indicated that this requirement had been met, it was his belief that it had not, as he could not see anything in the plan that met that criteria. He said the fact that property was being developed from east to west was not enough. He asked Staff what in the proposal met the Comprehensive Plan's call for preserving the rural character of the area. Miklo said that when the Comprehensive Plan was written a desire was expressed by the residents not to have "leap frog" development where pockets of development were scattered throughout the area. Miklo said that it was believed that the best way to manage growth was to have it occur next to existing growth. Miklo said that this is how Staff interprets that section of the Plan. He said that if there was a development planned farther to the west that skipped an area, then that would run counter to the Comprehensive Plan. Jewell said he participated in those planning meetings as did a number of other neighbors in the area. He said that the Staff interpretation did not reflect the intent of the citizens who participated in the meetings for the Comprehensive Plan. Jewell said that he was aware that the area would be developed, but that he felt it was important that in doing so, the rural feel of the area was maintained. The density in the proposed plan does not allow for the rural character of the area to be preserved. Planning and Zoning Commission February 5, 2009 -Formal Page 6 Jewell read from the Comprehensive Plan: "A transition between existing rural residential zone RR-1 portions of the southwest estates and future low-density single-family residential development to the west may be accomplished by platting larger RS-5 zoned lots backing onto the existing rural residential lots to the southwest estates." Jewell said that the plots in the proposed plan are less than a quarter of an acre. He said there is no attempt at all to put larger lots there. Jewell said that current zoning for that area is RR-1, questioning the wisdom of jumping down to a quarter-acre sized lot, and whether doing so was in keeping with the Comprehensive Plan. Jewell suggested taking the larger lot sizes which are currently in the northern part of the development and placing them adjacent to the already-existing large-lot properties. Jewell noted that the current proposal calls for a reduction of the wetland buffer from 100 feet to 25 feet in the southern part of the development. Jewell said this does not help to transition the development into the larger already-existing lots. Jewell shared photographs of his property that showed the results of a hard rain in 2007. Jewell stated that the running water that resulted in his backyard was one to two feet deep. Reducing the wetland buffer, Jewell said, will only increase the already existing problem of excess water and run-off. Jewell asked if a Level-2 Sensitive Areas Review was done for this property. Miklo said that this review was part of what the Commission takes part in and passes along to the City Council; the review consists of the plan that shows the wetland reconstruction and the question of whether to reduce the buffer. Freerks said that the missing hatch marks on the plat that were discussed at the last meeting were a part of this review. Jewell asked who the wetland specialist is that the City has engaged to provide the information for the review. Miklo replied that it was Liz Maas, an independent contractor. Chester Schulte, 1812 Rohret Court, said that he wished to go on record as being opposed to this development. He said the reasons for his opposition were that the lots are too small, and the new Lakeside Drive intersection will be in his front yard, which he does not care for. Freerks told Schulte that the Commission had discussed the intersection at their informal meeting and had been shown photographs of his property. She asked Miklo to describe the findings. Miklo said that in designing a subdivision one of the things Staff makes sure of is that streets do not intersect in front of someone's house; streets must either intersect at another intersection or between houses to avoid the issue of headlights shining onto a property. In this case, Miklo said, the intersection is with another street and there is a lot of vegetation in the front yard to serve as a buffer for the property. Schulte said that neither Maier Avenue nor Phoenix was required to have four-way intersections. Miklo said that the development that resulted in the building of Maier and Phoenix was done several years ago and he was not familiar with the particulars of that development. Sarah Jewell, 53 Tucson Place, expressed disappointment that the issue of the wetland area had not been put to bed after the last time she and her neighbors had come before the Commission. She said that she had thought that an agreement had been reached to respect the wetlands, and she is very disappointed in the proposed decrease in wetland buffer. Jewell said the water is not just a problem at the bottom of their property (the area depicted in the photographs shared by Larry Jewell) but has demonstrated an ability to raise the water table very high very quickly. Jewell said it only makes sense that if the buffer zone is decreased and houses are able to encroach more closely behind their home that there is nowhere for the water to go except onto their property. She said this is her biggest concern with the development. Jewell said she has three teenage boys in the high schools in town. She said that due to overcrowding some of their friends and neighbors are unable to go to the same high school. Jewell said one of her sons would like to have a foreign exchange student but was told that it would not be allowed because there is no room in the schools. She said these issues need to be addressed in order to meet the needs of the residents who are already there. Freerks asked Staff to address the issue of the buffer and how that works. She said her understanding is that it is not as though a home will be built 50 feet from the property line if the buffer is reduced. Miklo Planning and Zoning Commission February 5, 2009 -Formal Page 7 said that there is a jurisdictional wetland in this area. The sensitive areas code requires a 100-foot buffer from the edge of the jurisdictional wetland. The applicant is able to request a reduction of that buffer if certain criteria are met. Miklo said that a few years ago, when this plan was last reviewed, the applicant was requesting a reduction in buffer which did not meet the criteria for consideration of a reduction. Miklo said that in addition to the wetland there is a stream through the area. The application was deferred to allow a redesign that included the full 100-foot buffer to be maintained. Miklo said that because there is no stream corridor associated with the area in question, and no known endangered species in the area, the Commission and the Council can consider reducing the buffer to 25 feet in this case. Plahutnik asked if it was correct that the plan was calling for the wetland area itself plus an additional buffer of 25 feet. Miklo said that was correct. Weitzel asked how calculations for storm-water drainage disposal are made, and if that was a factor in this case. Miklo said that the city's engineers review calculations submitted by the applicant's engineers, looking at them very closely to ensure that they meet city requirements. Dave Tokuhisa, 3305 Rohret Road, said he had no doubt that Rohret Road would grow as the area around it grew. Tokuhisa said that the plan calls fora 100 foot right-of-way, which would be expanded 50 feet in each direction from the center of Rohret Road (although the plat map has it expanding only in the northern direction). Tokuhisa shared a diagram that showed a 66 foot right-of-way on Rohret Road, south of which many large, old hardwood trees currently grow. These trees serve a number of purposes, Tokuhisa said, among which are: beauty and aesthetics, windbreaks, and visual and audio buffer from the road. Tokuhisa said that if Rohret Road is expanded from the current center line a lot of those trees, some of which represent 50-60 years of growth, will disappear. These trees cannot be replaced, and no amount of money can compensate for their loss, Tokuhisa said. Tokuhisa shared a diagram in which the road's center was shifted 17 feet to the north, keeping the southern edge of the right of way at the same position it is in now, thus preserving the trees. Tokuhisa noted that just beyond Rohret Court, Rohret Road begins to make a slight bend to the south. Traveling southwest from Slothower, Rohret Road makes another slight bend. Tokuhisa said that moving the centerline an additional 17 feet would not add any additional bends to the road. He said that soil conditions on the north side would support an expansion of the road. Tokuhisa said that the current road is a two-lane chip-seal road. Tokuhisa explained that chip-seal is a fancy name for a gravel road with a lot of "goo" on top to hold everything together. He said that these roads behave like gravel roads when they get wet or get frost heave. He said that roads in his residential area are embargoed in the spring so that they do not fall apart under heavy truck traffic. Tokuhisa said that generally chip-seal roads are replaced with a hard surface. Shifting the centerline, Tokuhisa said, is a simple matter of local government action (most likely the City Council and the Board of Supervisors acting together). Tokuhisa argued that shifting the centerline may even reduce costs, in that the need to compensate property owners for trees would be eliminated. He contended that the easements existed that would make it possible to shift the centerline without any loss of lots to the developer. Tokuhisa asked why the developer wished to have a berm along the road. He said that as a parent he found berms disconcerting as children and dogs can disappear behind berms and make them difficult for drivers and those supervising them to see. He suggested the elimination of the berm might make an improvement to the neighborhood. Freerks said that the Commission had received Tokuhisa's letter and diagram at the informal meeting. She asked Miklo if he had had a chance to run Tokuhisa's plan by the engineers. Miklo said the engineers pointed out that when the eastern portion of Rohret Road had been improved it had been done without acquiring additional right-of-way to the south. Miklo said that the engineers would continue the same plan of building to the existing 33-foot southern right-of-way for the western portion of Rohret Road. When Rohret Road was built between Phoenix and Mormon Trek Boulevard, most if not all of the trees were able to be saved. In terms of Tokuhisa's design, Miklo said, it would be possible to require more right-of-way or shift the road to take more land from the applicant's property. The difficulty, Miklo said, would be that the cooperation of an additional property owner would be required to shift the road back at the end of the stretch described in Tokuhisa's plan. Planning and Zoning Commission February 5, 2009 -Formal Page 8 Plahutnik asked if Miklo's explanation had cleared things up for Tokuhisa. He explained that the plan is currently to try to rebuild the road without taking more land from the south. Tokuhisa said that it would be nice to get that in writing. Miklo said that the current plat does show the right-of-way as being 100 feet although the applicant does not have control over the southern portion. Miklo said that he did not believe the City would enter into an agreement stating that it would never acquire additional right-of-way because no one knows what the future will hold. Miklo said that it would be possible to require the preliminary plat to show the southern right-of-way at 33-feet rather than the 50-feet on the current drawings prior to the matter going before the City Council. Koppes pointed out that the intention to keep the southern right-of- way at 33 feet would also be reflected in the minutes. Tokuhisa asked if it would be possible to require an additional seven to ten feet north of Rohret to accommodate future growth, such as turn lanes. Miklo said that this is an area where intense growth farther to the west is not anticipated because it is at the edge of where the city can provide sanitary sewer. Eastham asked if it was the case that maintaining a 33 foot right-of-way on the southern side of Rohret Road would not jeopardize any of the trees in question. Miklo said that he could not say that for a fact because the design for the Rohret Road improvements is not actually done, and it is possible that temporary construction easements may be required. Miklo said that he can only relay that farther to the east it was not necessary to have additional right of way or to remove large numbers of trees. Miklo suggested a modification to the preliminary plat reflecting a 33 foot right-of-way to the south and a 50 foot right-of-way to the north. Eastham said that he did not see any advantage at all of requiring an additional 17 foot right-of-way to the north if the center line of the road is not being moved. Miklo said an eight foot walkway will be put in which requires additional right-of-way. Additionally, more room would be provided for street trees on the north side. Kolleen Shield, 3335 Rohret Road, said that her property would be facing an outlet from the subdivision. She said she did not know exactly where the outlet would be placed, but that it would definitely be in her front yard. She said that it was possible that as many as 400 cars per day could be coming straight toward their home. Shield said that there are eight to ten white pine trees that her family planted 20 years ago that would fall within that 33 foot of right-of-way, giving them no buffer for traffic, lights, sound, or wind. Shield said that she is opposed to the development because they purchased their property because of its rural feel. She has always enjoyed living on the edge of the city in a rural setting, and a development of this intensity will negatively impact the rural character of her property. Robert Hegeman, 44 Tucson Place, said he would like to address the traffic capacity of Rohret Road. He acknowledged that Rohret Road probably does have the traffic capacity stated by the engineers, but he said that the capacity was not the problem. -The problem, Hegeman said, is the connections between Rohret Road and Melrose Avenue. Any new grade school going in on the west side is irrelevant to what is going on Hegeman said. It is the traffic to West High School back and forth that creates issues. Hegeman said that there is no place between James Avenue and Mormon Trek to get through. Hegeman said there is simply no planning for this area and that important connection. He suspects that whether there is a curve in Lakeshore Drive or not, it will by default become acut-through from Rohret Road to Mormon Trek. Hegeman next addressed drainage issues. He said that there is drainage the that extends from the face of the dam on his property for an extended length into the developer's property. Hegeman said that the city planners seem to dismiss this the as if what is done with it does not matter. Hegeman contended that what is done with the the matters a great deal with respect to water back-up on his property. Hegeman said if the drainage the runs the full extent of the land it has a drop of 15-20 feet which has a tremendous suction capacity. If instead the water goes to Lakeshore Drive and stops, that water will just pool back up. That situation creates a friction between Hegeman and the developer as to whether or not an implied easement exists. Hegeman said that this question needs to be answered more fully. Busard asked for Staff clarification as to whether or not Lakeshore Drive will go through the County Poor Farm. Hegeman said that his understanding was that near the Poor Farm, Lakeshore would curve into Slothower; the curve, theoretically, would discourage through-traffic. Hegeman said that he did not believe this would be enough to prevent cut-through traffic because there is tremendous pressure for Planning and Zoning Commission February 5, 2009 -Formal Page 9 traffic through that area. Miklo said there will probably be an east/west street that Lakeshore will "T" into, with Slothower or another road then connecting to Melrose. Miklo said that there will not be a direct, straight-line connection between Melrose and Rohret Road, and that he suspected there would be an intersection on the connector street where a full stop would be required. Weitzel asked if it was discussed in the informal meeting that an arterial will later be built in the area to connect Melrose and Rohret. Miklo said that Highway 965, approximately ahalf-mile to the west of Slothower, was intended to be developed as the arterial. Freerks asked Miklo if he could address the drainage-way issues Hegeman had brought up. Miklo said that he really could not other than to reiterate that the developer would find it acceptable if the water from the drainage way flowed above ground. Hegeman said that if the drainpipe was discontinued at Lakeshore Drive there would not be enough drop for his existing the to continue to function, placing him in a situation where the water either backs up or the drain the continues to drain down. Hegeman said that his lot was sold to him by the original owner and he had an easement through that property. Hegeman said the issue was important and that the question must be asked as to how Lakeshore Drive can be built over someone else's implied easement. Linda Dyer, 4115 Rohret Road, said that at the time that the eastern part of Rohret Road was improved she lost no land from her property, but she did lose a big stand of white pine trees that were damaged and died as a result of the construction. Dyer said the speed limit past her house is supposed to be 35 miles per hour. She said that there were many cars and trucks driving the road that travel at least 60 miles per hour. She said that enforcement of speed limits is a definite issue. Freerks asked Greenwood Hektoen for information on how the City deals with damaged trees and whether or not there is a time limit for filing claims. Freerks asked Dyer if she had contacted the City. Dyer said that she had, but that there was no way to actually prove the damage was a result of the construction. She said that she was told by tree experts that the roots were probably severed when the road was stamped flat with heavy machinery. Koppes asked Dyer if she had talked to the police department about the speeding issue. Dyer said that she had called many times. She said the police tend to patrol from the Weber School parking lot, and do not tend to patrol farther west. Freerks said that it was possible for neighborhoods to get speed gauge signs to help raise awareness. Dyer said that this was near the school sometimes. She said that the police tended not to come out during the rush hours when the violations were the worst. Freerks acknowledged that speed is an issue everywhere. Karl Ebert, 3357 Rohret Road, said that he and his wife co-own with his sister a 10-acre parcel of land just past Rohret Court. He said that he intended to build on his lot within the next year. Ebert said that there is no transition between the large lots on the southern portion of Rohret Road and the very small lots in the proposed development. He said that he is not opposed to urban sprawl or development, and was an Iowa City realtor for many years. He said that development is necessary, but that it needs to be done in such a way that the aesthetics of the area are maintained. Ebert said that his property has 300-400 feet of frontage that is lined with evergreen trees. He said that his property would suffer more tree loss than probably any other along the road. If there was only a 15 foot encroachment, Ebert said, he would still lose 20-40 trees. The idea of moving the road to the north makes more sense to him. He said that he realized it cuts into the builder's profits, but he believes that the builder and Commission should take into consideration the large impact the development will have on landowners to the south. He said minimizing the impact on the south side of Rohret Road was only fair. Ebert said he was surprised at the numbers given for Rohret Road's traffic capacity. He said they simply do not make sense. The traffic is a mess, Ebert said, and subject to frequent back-ups. Ebert said there were traffic issues in the area of Weber school at three different times during the day: 8 AM, 3 PM, and 5PM. He suggested a more in-depth study of the situation is warranted in order to get a more realistic sense of what is going on. Planning and Zoning Commission February 5, 2009 -Formal Page 10 Ebert said that the high school kids that would be living in the new development would likely go to City High. Koppes pointed out that the Planning and Zoning Commission had no jurisdiction over the school district's enrollment policies. Ebert said that he understood that, but that it was important to note that those kids would be traveling on Rohret Road, adding even more cars to the road in the morning hours. Freerks asked Staff if it was seven car trips per day that was used to calculate road use. Kuecker confirmed that seven trips per single family household is the figure used in traffic estimations. Freerks asked what time of day the traffic counts are done. Kuecker said that the counts are generally done all day long for several days at a time, and then an average is taken. Miklo said that the seven trips per day estimate is used city-wide for residential neighborhoods and is not particular to this development. Jayne Sandler, 41 Tucson Place, said that she believes change is inevitable and that it is important for this area to grow. At the same time, she thinks the integrity of what already exists should be preserved and expanded upon. Sandler said that there needs to be a transition between the development and the larger properties. At the time that this property was rezoned, the one-acre lot RR-1 designation was found to be the one that provided the most transition for the area from urban to rural. Sandler said that going from aone-acre lot zone to lots with a quarter of an acre was too abrupt. Sandler said that a stream develops at the base of her property on a regular basis in the spring and summer after heavy rains. She said that the water does back up, and that they have a sump pump because they have had water issues during their time at that home. Sandler said that if the buffer is to be 25 feet plus the wetlands, she would like to know what the width of the wetlands is because she is not convinced that water issues will not be exacerbated by the current plan. The infrastructure to the area has not been developed enough to sustain this new development, Sandler said. Sandler said that the temporary lift station and the lack of timely fire protection (the response time for their area is currently over eight minutes) should be factors for consideration. Sandler said that water service for the area is not adequate to support the development, though this is a requirement that is listed in the Comprehensive Plan. Sandler said that she agrees with other residents' comments regarding the improvements to Rohret Road and Mormon Trek. She said the timelines for these improvements are important given the fact that there are already traffic problems now. Sandler said that while she is aware that the City does not have jurisdiction over school development, she thinks it should be pointed out that a new elementary in the Camp Cardinal area will not relieve pressure at Weber School if 170 families are then moved in. Overcrowding at West High and Northwest Junior High will not be resolved by a new elementary school. She would like to know the timelines for this project as well. Sandler said that one of her concerns is that an extended Lakeshore Drive may end up underwater just as Shannon Drive is in the same area in the Walden Hills development. She thinks the topography of that area needs to be reviewed. Freerks asked Staff what the width of the wetlands is in the area Sandler was talking about. Miklo replied that it is approximately 25 feet, and the buffer is an additional 25 feet for a total of 50 feet. Plahutnik asked how big an area of relatively undisturbed wetlands currently existed behind the houses being discussed. Staff did not have the exact measurement. Duane Musser, MMS Consultants, said that the yards along the east side of Lakeshore Drive currently receive a large amount of run-off from the cornfield behind them. Musser said putting in a street curb and gutter will catch the water and run it off so that it does not flood their yards. Musser said that water from the front half of the houses will come out into the street and be collected by the storm-sewer system and the water retention basin. The grass from the yards will also help to decrease the concentration of run-off from a rain event. He said this will also occur on the west side along the Slothower Road right-of-way. Musser said that the developer is very concerned about the the system coming out of the adjacent property owner's pond. He said they intend to deal with the issue on their construction plans, and the contractor will be dealing with any tiles that are encountered or cut for the benefit of both the neighbor Planning and Zoning Commission February 5, 2009 -Formal Page 11 and the developer. Musser said he was sure that there were state laws that covered such issues and that they would be careful in addressing the matter. Musser said that the lift station was not, in fact, temporary, but permanent. He said it was very similar to those in areas of town that do not directly gravity flow into the sanitary sewer system, such as Windsor Ridge. He said the lift station is built to city standards, built to the appropriate size and capacity, and is actually a public improvement that will be conveyed to the city for ownership and maintenance. Eastham asked if Musser had any comments about the city water supply. Musser replied that they have not looked into that but it is his belief that when the two dead ends at Rohret Road and the existing Country Club second addition are connected the flow may actually be increased through that area. Musser said that if the water department is concerned they could go out and do some flow tests, but that he has not seen any issues. Weitzel asked if Musser could speak to the reasoning and professional design standards behind the lot sizes. Musser said the reasoning depended on which lots were being discussed. Musser said he believed Staff had done a very good job of making sure Lakeshore Drive is designed where it is. He said that the developer is trying to hit different price points in the market. The lots to the south of the wetlands are a bit narrower and are a different price point whereas some of the lots that back up to the open space and the park are a little bit larger. Musser said that there was an attempt made to stagger the lot sizes with the phasing of the project. Freerks asked Musser what he thought about Tokuhisa's proposal to move the road to the north slightly. Musser replied that giving up more than a few feet would result in possibly losing a row of lots. Musser said the thing to consider is the design standards for Rohret, and how quick and sharp the turns might be. Musser said that there would be some potential there; but that how the road reconnected with the existing pavement and how that impacted the county property on the other side of Slothower would have to be examined. Musser said he had not discussed the matter with his client but that he imagined the client might expect compensation for an extra ten feet. Miklo said that the right-of-way issues could be a condition of the zoning if the Commission felt there was a public purpose to do so and therefore the City would not have to compensate the developer. Freerks said she was thinking about the concerns expressed by residents for their trees and the rural character of the neighborhood. Larry Jewell, 53 Tucson Place, said that he did not agree with Musser's assertion that the development would actually decrease the water flow. Jewell said that growing corn absorbs a ton of water and that replacing it with properties covered in bluegrass sod will actually result in sheet run-off, making the problem worse. Jewell also wished to mention that there is still a known unresolved issue that has a direct impact on existing neighborhoods and will also impact the development. He said that this issue is the strong odor of methane gas that is coming from the City Landfill. Jewell said the landfill is aware of the problem and is working to establish its cause, but there is a long-term timeframe expected before resolution is found. Jewell said it would be irresponsible to approve any new development that is going to be closer to the landfill when there is a known unresolved issue that could increase liability for the City and taxpayers. Jewell said that it was important to understand that the residents present are not opposed to development, and know that it is going to happen. Jewell said he would suggest that the residents actually embrace change because they have been present throughout these discussions and many were there at the creation of the Southwest District Plan. Jewell said the residents have offered to sit down with the developer and the staff to try to come up with a way to make development work. Jewell said there are examples of this happening in the community. Jewell cited the case of a developer at a recent Planning and Zoning Commission meeting talking about how he had worked with neighbors and neighborhoods in a positive way. Jewell said that this development does not represent positive change, but more of the same: maximizing the number of lots that can be squeezed out of a property. Jewell said neighbors strongly urge that the Commission deny the request for rezoning and the development of the property. Jewell said that based on the issues they had brought up, the neighbors feel that any further requests to develop the property should come with a requirement for the developer Planning and Zoning Commission February 5, 2009 -Formal Page 12 and the planning staff to sit down with the neighbors. Jewell said that while the neighbors accept that development will eventually happen, they want to participate in it, have a say in it, and use the guiding principles of the Comprehensive Plan. The public hearing was closed at 9:02 p.m. Freerks noted that the limitation period is expiring so the matter would need to come to a vote that evening. She asked for a motion so that the Commission could open discussion. Plahutnik motioned to approve SUB08-00010/REZ08-00011 subject to recommendations outlined by Staff and a reflection in the preliminary plat showing the 33 foot right-of-way on the south side of Rohret Road. Weitzel seconded the motion. Eastham said that he begins always with the Comprehensive Plan when considering applications. The Comprehensive Plan Housing Goals and Strategies states that "a well planned neighborhood welcomes all people and includes both owner-occupied and rentals, single-family and multi-family housing." The Plan goes on to state that "the City should adopt policies that encourage the creation of neighborhoods and new developments" which include single and multi-family units. The goals laid out in the Comprehensive Plan's Housing section include providing "housing opportunities for households of all sizes, incomes, ages and special needs; review zoning of undeveloped areas to plan for the development of sustainable and livable neighborhoods." Eastham said that two of the strategies included in the plan to accomplish those goals are: 1) encourage smaller owner-occupied homes on smaller lots, and 2) developing smaller lots with more common open space. The Southwest District Plan for the Weber sub- area states that "the portion of the Country Club Estates property adjacent to Rohret Road may be suitable for clusters of medium-density residential uses such as townhouses or condominiums." Eastham said he did some measurements for the Weber sub-area which is currently zoned for residential, and he defined the sub-area as being the area north of Rohret Road, south of the County Poor Farm, west of Highway 218, and east of Slothower, and including the area in the present rezoning application. Eastham said that by his estimate this area includes some 300 acres of land. With the current and the requested zoning there would be 600 RS-5 single-family detached lots, 11 RS-1 single-family detached lots, and 12 ODPH-8 townhouses on the 300 acres. Eastham said this would make 97% of the total lots single-family detached houses. Eastham said this seemed to be an extravagant use of land to him. Eastham said he believed there was an opportunity present to obtain some smaller-lot development with townhouses and or smaller single-family homes on the portion of this application that is adjacent to Rohret Road. Eastham said that this would mildly increase the number of total lots, and could be done in such a way that the total acreage covered by houses was actually reduced. Eastham said doing this would ultimately alleviate some of the neighbors' concerns. He said that lots to the east of the present alignment of Lakeshore Drive could be eliminated with this plan, and the wetlands could remain intact. Eastham said he has a hard time understanding how he can approve this proposed rezoning considering the Comprehensive Plan and the Weber sub-area plan in its entirety. He has concerns regarding the alignment of Rohret Road, the phasing of this development, the requirement to have City Council approve the improvements to Rohret Road with the next CIP plan, the County vacating Slothower's right-of-way, and the Corps of Engineers approval of the wetland mitigation. Eastham said these were pretty significant requirements that needed to be met prior to the project going forward. Eastham said that he believed the school district has addressed the school capacity issues to the best of their ability. Eastham said he did not understand how he as a Planning and Zoning Commissioner could help the school district resolve the difficulties of dividing students up between the west and east sides of town by looking at this single development. Eastham said he supposed the Commission could look at prohibiting anymore residential development on the west side of town, but he did not think that would be very attractive to most people. Eastham said that for all of these reasons he did not support this application. Weitzel said that one of the primary questions is whether the land use meets the requirements of the Comprehensive Plan. Weitzel said there seems to be a bit of a disagreement about the intent that came out of the neighborhood meetings: was it to keep large lots so that they blend in with the rural area, or Planning and Zoning Commission February 5, 2009 -Formal Page 13 was it to maximize the limited land resources available? Weitzel said he was going back to what the public good is. He said that he did not see how the Commission could deny this much potential growth. Weitzel agreed with Eastham that seeing some denser development would be good, but he is also mindful that there are landscape issues and transportation issues at play. Weitzel said that a balance is being struck with this development as there are different lot sizes, with the developer trying to predict the market. Weitzel said that a lot of consideration has been built into this plan. Weitzel said that there were speed and traffic issues in his neighborhood as well. He said that issues of run-off would be more readily resolvable by individuals than by a Commission or public policy direction. Weitzel said he would be voting in favor of the application. Plahutnik said he was very much in agreement with Eastham regarding the Commission's commitment to mixed housing. However, Plahutnik said, he is just a clerk in a grocery store so he cannot redesign a subdivision for the developer; he has to look at what has been put before him and make a decision based on that. Plahutnik said that while the Comprehensive Plan speaks to preserving the rural nature of the area, the large development of Southwest Estates pretty much put an end to the area's rural character. Plahutnik said that when a large subdivision is put in the middle of a rural area, the rural nature of the area is destroyed, regardless of whether the lots are an acre or two. The Comprehensive Plan clearly states that development should progress in an orderly manner and be attached to previous development. Plahutnik said this application fits that bill. Plahutnik said that his sympathies are with the people on the south side of Rohret. He said that while they bought land in a rural area under county jurisdiction, they are greatly affected by the avarice of Iowa City developers who will develop and maximize their profits to the best of their ability. Plahutnik said that while the developer in this case has done that, he has also fulfilled the stipulations of the zoning code, and shown a willingness to follow the additional recommendations of Staff. Plahutnik said that while the landfill issue is unfortunate, it is really simply a matter of "concern trolling:" bringing up an issue that is not really a concern, but helps to make a point. Regarding traffic, Plahutnik said that people will drive on roads. He noted that even high school students will drive on roads. He added that people will also like to live in desirable areas, which often makes it take longer to get to work. He said these are the difficulties of development. Plahutnik said that he hopes that the language of the city engineers is followed through in their development of Rohret Road. Plahutnik urged the public to keep copies of the meeting minutes where the Commission and Staff have reported that the city engineer's have stated that they should be able to improve Rohret Road with only a 33 foot right-of-way to the south. Plahutnik said the Commission could not bind the City into a contract stating that, but that neighbors could follow-upon their own behalves. Plahutnik said that the most solid argument against this application is the wetlands. He said he had to believe in the good faith of the engineers who have done the work on this. He said that, unfortunately, there is an entire body of law regarding run-off and water rights. Plahutnik said that hopefully these issues can be resolved prior to any houses being built. In the big picture, Plahutnik said, he definitely has some concerns. He loves that part of town for its rural nature and does not want to see it further disturbed. However, the landowner has the right to develop the property, so he will be supporting the application. Busard said that he agreed with Plahutnik and Weitzel that the development was in compliance with the Comprehensive Plan. Busard said there really is no rural character out in that area. He said there are a few large lots and then right next to them is a typical subdivision. Busard said he sympathizes with the landowners in the area, but that they do live either within the city of Iowa City or adjacent to it, so they may need to seek out other places in the county to find the rural character they desire. Busard said that he does not fully endorse this type of development and would like to see more clustering and more common open space. He believes that if the applicant would use more clustering in the design Planning and Zoning Commission February 5, 2009 -Formal Page 14 the drainage problems would probably take care of themselves, help to preserve some rural character and address some concerns of neighbors. Busard said that he believed the developer has addressed staff concerns to the best of his ability, and that he will be supporting the application. Koppes said that she was on the Commission the last time this issue came up. Koppes thanked the developer for working with Staff this time around to resolve the buffers around the wetlands; she remembers long discussions on that topic. Koppes said that unfortunately schools are an issue everywhere. Koppes said her daughter went to an east-side school with over 500 kids, and that traffic in and out of there was not fun either. Koppes said that schools are not an issue the Commission can do much about. Koppes said that her daughter has friends that have actually chosen to go to the high school on the side of town opposite from where they are living. Koppes said schools are an interesting problem, and not one for which she has a solution. Koppes said that having a development package with mixed-sized lots is good and will get different groups of people to come and live in the area. Koppes said that while everyone would probably like to live on a large one-acre lot, people also understand that not everyone can or should. Koppes said she would support this application. Freerks said there has been a lot of good discussion and conversation and that it is important to note the large amount of public participation that has taken place in this process. Freerks said that the Commission has heard the questions and comments of neighbors and really has tried to follow-through on their concerns. They have tried to decide if this is the best thing to do with this piece of land. Freerks said she thought it probably could be done a little better, and that she would like to see more clustering, smaller lots, and larger green spaces and open areas. Freerks said she believes the developer has probably done research and feels that the current plan is one they can sell. It is, ultimately, the developer's land. Freerks said she has to go back to the Comprehensive Plan and she does think this development fits with it. Freerks said that she thinks it is good for the neighbors to look ahead and not wait until people are coming with equipment to express their concerns about the expansion of the road. Freerks advised residents to go to the City Council and make Council aware of their concerns. Freerks acknowledged that a big part of the rural character lies in the trees and the environment they create. She said she would like to see that maintained and not done away with on behalf of sidewalks. Freerks cautioned the, nonetheless, as development moves out, the City has to make sure that amenities are extended as well. Freerks said that the lots are fairly large for RS-5, even though they may not seem like it to the owners of larger properties. Freerks said she wished the Commission could have better conversation with the school district, and that she understands residents' concerns on that front. Freerks said she had focused a lot on concerns she had about drainage issues and that she has to believe that the engineers have done their work here. She hopes that it is true that the development will truly ease the drainage problems. Freerks said she intended to vote in favor of the application. She urged neighbors to go before the City Council to share their concerns if they have not been alleviated. A vote was taken and the application was approved on a 5-1 vote (Eastham voting no; Payne absent). Planning and Zoning Commission February 5, 2009 -Formal Page 15 COUNTY REZONING ITEMS: CZ09-00001: Discussion of an application submitted by Michael Furman for a rezoning of 40 acres from County Agriculture (A) to County Residential (R) zone located at 3051 Buchmayer Bend NE. Walz informed the Commission that the applicant had requested a deferral until the March 5, 2009 meeting. Busard said he would be abstaining from both county rezoning items on the agenda because he works for county zoning in his professional capacity. Busard then left the meeting. Weitzel moved to defer application CZ09-00002 until the March 5, 2009 meeting. Koppes seconded. The motion carried 5-0 (Busard abstaining; Payne absent). CZ09-00002: Discussion of an application submitted by Richard Wonick for a rezoning of 39.80 acres from County Agriculture (A) to County Residential (R) zone located east of Buchmayer Bend NE and west of Hwy 1 NE. Walz noted that she had submitted an updated concept plan to the Commission indicating 39.80 acres to be rezoned, rather than the 39.92 acres listed on the agenda. Walz said she would not go into the plan in detail. She noted that it was for 19 lots a little over an acre each in size. Walz said that this area is in the area covered by the Fringe Area Agreement which: discourages development areas that conflict with the Johnson County land-use plan; protects public health by requiring developers to meet or exceed minimum standards for water and waste systems; and encourages cluster development that preserves large tracts of open space including environmentally sensitive and farmland compact development that requires less infrastructure. Walz noted that there is quite a bit of development to the east of Highway 1 in this area, but not much development between Highway 1 and Newport Road. Walz said that a new land use map is being proposed by the County that takes Buchmayer Bend out of the development zone. Walz said that the regulations in the Fringe Area Agreement also indicate that R zoning will be considered if the submitted concept plan shows a minimum of 50% of the property designated as open space or agriculture. Walz said this concept plan does not show that, and, as a result, Staff is not recommending approval. Walz said that the property is currently mostly an agricultural use, and rezoning it appears inconsistent both with the proposed map change and the County's stated goal of preserving agricultural land. Walz said that because this property is located outside of the Iowa City growth boundary it is most appropriate for the County to determine if the proposed zoning is consistent with County land use policy. Walz said that if the Commission choses to recommend rezoning, Staff would recommend that Buchmayer Bend be improved to meet the County Road Performance Standards and that the applicant address storm-water retention, as well as ownership and management of the outlot. Miklo pointed out that the outlot is just under the required 50% in this case. The public hearing was opened at 9:39 p.m Duane Musser, MMS Consultants, represented the applicant. Musser said that the current land use plan for the county does have this area in phase one of the growth area; this is the plan from which the applicant is working. Musser said that while there is a plan under consideration, MMS Consultants has several clients that are very interested in this plan change and who do not want to see significant changes to the current plan. Planning and Zoning Commission February 5, 2009 -Formal Page 16 Musser said there are 18 proposed lots and an out-lot. The County does consider the green space in the private street right-of-way between the lot-line and the pavement surface as calculable green space. Taking that into account, the 50% threshold is met. Musser said that the applicant will also have to meet the 50% when the project goes to the platting stage with the County. Musser said that while they may appear to be splitting hairs, they have every intention of meeting the 50% requirement. Musser said the applicant is aware of the need for improvements to Buchmayer Bend and is working on a three-way agreement with adjacent property owners to improve Buchmayer Bend. Musser noted that the cluster design was difficult to do in this case based on state regulations governing community well systems and septic systems. Miklo pointed out that regardless of the County's interpretation of what consists of open space, the Fringe Area Agreement states that the outlot shall be a minimum of 50% of the subdivision. The public hearing was closed at 9:39 p.m. Plahutnik motioned to recommend that the County deny rezoning for application CZ09-00002. Eastham seconded. Plahutnik said that not even taking into account that the County may be in the process of changing their allowable area for development, the Commission can recommend denial based on the fact that the out-lot is not 50% of the land. He said that for him, the decision to deny the application is easy. Koppes said that she did not think the Commission knew for sure what the County would do with its land use map so she is not comfortable using that for a consideration. Plahutnik said that that is why he said he was not taking it into account. Koppes asked Miklo for clarification on the 50% issue. Miklo said that the Fringe Area Agreement clearly states that the City will consider its zoning in this area if a minimum of 50% of the subdivision area is in an outlot. Miklo said that in this case, 50% of the subdivision may be green space, but it is not in an outlot. Koppes asked what the percentage was for the outlot. Walz said that the outlot is 47% currently. Koppes said that she could recommend not approving the application for that reason, but did not want to put potential changes to the land use map in her reasoning. Koppes said she does believe Buchmayer Bend needs improvement. Several Commissioners indicated agreement with that sentiment. Koppes said she agrees with the motion. Miklo asked for clarification from the Commission, asking if they were saying that the application should be denied, but if it was approved then improvements to Buchmayer Bend should be a condition of approval. The Commission indicated that this was the case. Freerks asked for a vote. The motion to deny the rezoning carried 5-0 (Busard abstaining; Payne absent. CONSIDERATION OF MEETING MINUTES: January 13 8~ January 15, 2009: Eastham motioned to accept the minutes. Koppes seconded. The minutes were approved on a vote of 6-0. Planning and Zoning Commission February 5, 2009 -Formal Page 17 OTHER: Freerks noted that it was time to start thinking about the election of officers Miklo passed around a booklet explaining that the City of Iowa City received an award from the federal APA for smart growth based on the Senior Center and its efforts to improve active aging and the new subdivision codes and its encouragement of more walk-able, compact neighborhoods. This is a national award that will be presented at the February 10th City Council meeting. ADJOURNMENT: Eastham motioned to adjourn. Koppes seconded. The meeting was adjourned on a 5-0 vote at 9:45 p.m. 0 N N O U~ ~ O C ~ C ~ N ~ o ~ ~ N ~ ~ C ~ ~~ d C ~ !~ a a r U 3 0 N X X X X O X X X X X p X X X ~.--.-MNOOM ~wooooo00 Y ~~ Y y d c d N R{ L ~' Q. _ ~ N ~ N ~ ~ p !E t G1 z mWtiYaa3 '~ V Q ui ~ ~ ~ C7 Z_ F- W W N N X X X X X X X o X x o X X o ~ F-w ~ o ~ o M o N o O o O 0 M 0 z ~ m ~ R3 w ~j Y ~i Q d l ui d °' ~ Y C a 3 d ~ F- U X W }, C C ~ ~ ~ ~ ~ N ~ Q a Q n n n w YXOO IP12 IOWA CITY HUMAN RIGHTS COMMISSION TUESDAY, February 24, 2009 LOBBY CONFERENCE ROOM, CITY HALL Members Present: Newman Abuissa, Dianne Day, Wangui Gathua, Dell Briggs, Yolanda Spears, Eric Kusiak, Martha Lubaroff. Staff Present: Stefanie Bowers. Others Present: Megan Dial, Katie Harrington. Call to Order Abuissa called the meeting to order at 7:00 p.m. Recommendations to Council (Become effective only after separate Council action) Consideration of the Minutes of the January 27, 2009 meeting Motion: Day, seconded Briggs. Minutes approved 6-0. Meeting Day and Time Commissioners decided to move the time they.-meet to 6 p.m. Motion: Spears, seconded Briggs. Passed: 6-0. Programming 2009 ` Briggs and Day reported on Diversity Day. Abuissa read a response to the Commission concerning a letter received from the Agudas Achim Congregation re: From the Heartland to the Holy Land Program. Lubaroff who is a member of the Agudas Achim Congregation stated that this topic is very sensitive to her. Commissioners next discussed future .ways to handle sensitive or controversial topics and/or programs. Bowers updated Commissioners on the Youth Awards. Abuissa reported on a program that ideally would be held in early April. Motion: Abuissa, seconded Kusiak. Passed: 7-0. Bowers gave a brief update on the Breakfast.' Reports of Commissioners Gathua spoke of the work she. does with Wild Thinking Day and her numerous contributions to the human rights of women, particularly women of Kenya. She will be recognized April 1st for her outstanding commitment to this issue. Abuissa reported on the current status of the Israel Gaza Conflict. Spears commented on the Peace Club and Free Tax Preparation Program at Lucas. Briggs updated Commissioners on an email he received from Commissioner Stoglin who is in Afghanistan. Kusiak reported in the near future he would like to see the Commission start planning for Hunger Awareness. Day mentioned Embracing Tolerance and Diversity being held in the afternoon and the evening in March and April. Adjournment There being no further business before the Commission, the meeting was adjourned at 20:03. Motion: Briggs, seconded by Kusiak. Passed: 7-0. Human Rights Commission ATTENDANCE RECORD YEAR 2009 (MPetinQ Datel NAME TERM EXP. 1/27 2/24 3/24 4/28 5/26 6/23 7/28 8/25 9/22 10/27 11/24 12/22 Newman Abuissa 1/1/10 P P Joy Kross 1/1/10 A A Eric Kusiak 1/1/10 A P Dell Briggs 1/1/11 P P Yolanda Spears 1/1/11 P P Corey Stoglin 111/11 A A Dianne Day 1/1/12 P P Wangui Gathua 1/1/12 P P Martha Lubaroff 1/1/12 A P KEY: P =Present A =Absent NM = No meeting NMNQ = No meeting, no quorum IP13 MINUTES PRELIMINARY PUBLIC ART ADVISORY COMMITTEE THURSDAY, FEBRUARY 5 2009 LOBBY CONFERENCE ROOM -CITY HALL Members Present: Mark Seabold, DaLayne Williamson, Jan Finlayson, Rick Fosse, Terry Robinson (sitting in for Terry Trueblood), Patrick Carney Members Absent: Ann Khan, Staff Present: Marcia Bollinger, Nate Kabat Public Present: Mary Frieden, Summer of the Arts; Dale Merrill, Liberty Iron Works of Mt. Vernon, IA CALL TO ORDER Seabold called the meeting to order at 3:05 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA Marcia Bollinger shared a picture of the Lemme Leopard with the committee. She explained the neighborhood is currently working on raising funds for the project as well. Bollinger passed on John Bacon's message of thanks for the committee's support of the project. Bollinger updated the committee about Poetry in Public. The deadline is Friday, February 6'h. Bollinger noted a large number of submissions are still coming in. Additionally, many groups previously not reached have been submitting poems this year including the university community. CONSIDERATION OF THE MINUTES OF THE JANUARY 8, 2009 MEETING MOTION: Fosse moved to approve the minutes; Finlayson seconded. The motion passed 6:0. DISCUSS WITH MARY FRIEDEN EXECUTIVE DIRECTOR OF SUMMER OF THE ARTS Seabold explained to the committee that Frieden had been invited to the meeting to discuss areas where Summer of the Arts and PAAC could collaborate on projects. Bollinger gave the example of the Kid's Tent sponsored by PAAC at Arts Fest in the past. Frieden said the Kid's Tent is a great idea and she would love to see that project take place again. Frieden asked if the proceeds from the tent could be donated to support children's activities at Art Fest. Frieden explained that children's activities have been cut for next year's Arts Fest by about $4,000 due to lagging sponsorships. Seabold asked how much the Kid's Tent has made in the past. Bollinger said it only made a couple hundred dollars, Fosse added the items sold in the tent are deliberately priced cheaply. The committee agreed it would be a good idea to donate that money to Summer of the Arts children's activities. Bollinger said the committee would take care of collecting artists' donations for the tent. Frieden agreed to supply an artist list to solicit donations and the tent for the project. Public Art Advisory Committee Thursday, January 8, 2009 Page 2 of 4 Bollinger explained the showcase pad on the Ped. Mall typically gets dedicated on the Saturday morning of Arts Fest. Frieden said if the information for the dedication can be given to her by April 16'h, she can include it in the event program. Seabold brought up the picture projection project that was done along with Arts Fest in the past. Bollinger explained Williamson and a past intern took pictures of Iowa City and its residents a few years ago and projected them on to buildings for Arts Fest. It was a fun project, but not all of the projectors worked well in daylight. Williamson asked if the committee thought that would be worth doing again. Frieden said Arts Fest is planning to expand to include Linn St, so a projection onto the US Bank building might be a good addition. Frieden said artists are required to submit pictures of their work, so maybe those could be used for the projections. Seabold said maybe video art done at the University could be used as well. Frieden suggested if the projection project does move forward that she be notified by mid-April so it can be included in the program. Frieden announced to the committee a new event called "Sand in the City" which will be Summer of the Arts' new big fundraiser. Businesses will be asked to sponsor sand sculptures. The businesses will than create the sand sculptures under the direction of master sand sculptors and professional architects. The event will be held on Linn and Iowa Ave. on August 28'h - 30'h. Bollinger asked Frieden to share her thought about undertaking a Spolletto-like project or a community mural project as has been suggested by Michael Lombardo. Bollinger explained the PAAC does not have the capacity to undertake such a large scale project. Frieden said she likes both ideas, but adding on more projects right now would be too difficult for Summer of the Arts to handle considering limited staff and funding. Frieden said she could see these projects being something for Summer of the Arts to take on in the future. SCULPTURE PROJECT AT WATER WORKS PRAIRIE PARK Bollinger told the committee she has been in contact with Dale Merrill about uncertainties in the PAAC future budget and concerns about being able to fully fund the Water Works sculpture project. She said Merrill is willing to begin the project with an initial down payment and will be flexible with receiving the remaining amount owed. Bollinger also noted that fundraising would be idea to support the project, but the current economy is making this effort to difficult to get off the ground. Merrill explained his research into using solar power to power the lighting for the project. The systems Merrill found are designed for use on billboards but can be easily adapted to be used in this project. Merrill said the solar panels can be located in the air supported by poles or mounted at ground level. The panels can be placed up to 1,000 ft. away from the artwork. Merrill asked the committee to consider how much light they want, what kind of lights, and how long they want the light to last. Merrill explained depending on the solar panels the lights could be powered to last all night or they could be powered for a period of 7 hours. By using timers, the 7 hours of light could be split to maximize peak viewing hours (ie. after dusk and before dawn). Merrill said the lighting would cost between $4,000 and $15,000 depending on the wattage of the lights and the number of hours the committee wants to light the sculptures. Merrill said he is concerned that going with too small of a system would detract from the sculpture more than it would help. He encouraged the committee to consider adding lighting at a later date if an adequate system is not affordable at this point. Public Art Advisory Committee Thursday, January 8, 2009 Page 3 of 4 Robinson said he is concerned about how prairie burns might affect the lighting and the solar panels. He said the panels would need to be mounted high on a pole to avoid damage from the heat produced during burns. Merrill didn't think that would be a problem. Merrill said the lighting is easy to install and could always be retrofitted later, he would need to know what the committee would like. He asked the committee if they would want to scale back the size of the sculpture to better afford lighting. Finlayson said she did not like the idea of making the sculpture smaller. Merrill suggested the lighting be paid for through fundraising, the committee agreed to explore that option. Merrill agreed to provide more precise cost estimates for procurement and maintenance of the proposed lighting system. COMMITTEE TIME/UPDATES Seabold asked if the upcoming PAAC budget is going to face any issues. Bollinger said #here have been no proposed cuts to the budget so far, but the budgeting process is not finished yet. Fosse said it is likely that the city budget will require cuts to some programs, however he did not know how that would affect PAAC. ADJOURNMENT Seabold motioned to adjourn; everyone seconded. Meeting adjourned at 4:17 pm. Next meeting scheduled for March 5~h, 2009. Minutes submitted by Nate Kabat. Public Art Advisory Committee Thursday, January B, 2009 Page 4 of 4 Public Art Advisory Committee Attendance Record 2009 Name Term Ex Tres 1/8 ___ Annadora Khan O1/O1/I 1 X Data ne Williamson 01/01/12 X Jan Finla son Ol/O1/11 X Mark Seabold O1/Ol/10 X Patrick Carne 01/01/12 O Rick Fosse X Terr Robinson X ____ Key: X = Present O = Absent O/E = Absent/Excused IP14 MINUTES DRAFT Iowa City Airport Commission February 12, 2009 Iowa City Airport Terminal - 5:45 PM Members Present: Greg Farris, Howard Horan, Randy Hartwig, Janelle Rettig, John Staley Staff Present: Sue Dulek, Michael Tharp Others Present: David Hughes, Harrel Timmons, Phillip Woolford, Carl Richey, Minnetta Gardinier, Peggy Slaughter, Rick Mascari, Ron Duffe, Justin Fishbaugh RECOMMENDATIONS TO COUNCIL: None DETERMINE QUORUM: The meeting was called to order at 5:46 P.M. APPROVAL OF MINUTES FROM THE JANUARY 8 AND FEBRUARY 5, 2009 MEETINGS: Farris asked if anyone had any comments on the submitted minutes for the January 8 meeting. Staley approved the January S, 2009 minutes as submitted, seconded by Hartwig. Carried 5-0. Farris then asked about the February 5 minutes. Staley and Rettig both noted that they were not at this meeting and therefore recused themselves from discussion and vote. Hartwig moved to approve the minutes of the February 5, 2009 meeting as submitted, seconded by Farris. Carried 3-0; Staley and Rettig abstaining. PUBLIC DISCUSSION: Rick Mascari spoke briefly to the Commission, thanking the Members for their service. He thanked Hartwig for his years as a Commissioner. ITEMS FOR DISCUSSION/ACTION: a. Aviation Commerce Park - University of Iowa Aircare Facility -Staley recused himself as a Commissioner and spoke as an employee of the Iowa City Airport Commission February 12, 2009 Page 2 of 6 University of Iowa Hospitals and Clinics. Peggy Slaughter addressed the Commission, stating that the designer has talked to her about additional information. Staley noted that they have had one estimate from Shive Hattery. This prompted some changes to be made, and they have resubmitted this to Shive Hattery for another estimate. Staley noted that they hope to have this new estimate within a week or so. Once they have this new estimate, Staley noted that they would be submitting this to the City to indicate their "intent to purchase and construct." Hartwig asked what the timeline is for this project. Staley responded that they hope to have it done by January of 2011. Slaughter continued, updating the Commission on the interested party that she has been working with. She also spoke about property currently listed adjacent to Lot 17, and she passed info around to the Members. Slaughter continued, discussing what types of businesses are currently in this area, and what types of possibilities they can now market for this area. The discussion continued, with Members and Slaughter discussing the possibilities for development. FAA/IDOT Projects -AECOM -Farris noted that David Hughes is currently in Alaska. Farris stated that he did not have any updates, and Tharp stated that he also had not received any updates on projects. i. Runway 7/25 -Tharp continued, noting that the biggest issue is the 7/25 and 12/30, and he asked if Farris wanted to talk about the discussion they had recently on this issue. Farris stated that Hughes was able to show them that this project will be three parts, which are the 12/30 rehab, the intersection, and then the 7/25. Tharp noted that Hughes' estimate for closure was three to four weeks for the "red area," three to four for the "blue area," and five to six weeks for the "yellow area." Tharp responded to questions about the funding of this project. He explained the various funding streams anticipated. Rick Mascari spoke to the Members about the closures, and asked if they had looked at other alternates to this. He suggested atwo-phase approach and asked if the Commission would consider something like this. Mascari also suggested using a shorter runway or the reopening of 18/36. Members continued to discuss the runway projects, debating safety issues and other alternatives to closing runways. Rettig asked if they could send a letter requesting other options, and Tharp noted that they could do this. He stated that they could also talk to the FAA about what they would be comfortable allowing. Mascari also spoke to the ASOS equipment and runway closures. Farris noted that the runways maybe closed during this period, but the Airport will remain open for helicopter traffic. He agreed that they could look at other options, but that safety is a major concern. Mascari asked again that the Airport look at every possibility for keeping the runway open during the construction period. 2 Iowa City Airport Commission February 12, 2009 Page 3 of 6 The discussion turned to the possibility of rental reimbursements for hangars during a shutdown period. Rettig stated that if the hangars are being used for something other than storage of aircraft being used currently, that this would be another matter. An audience member also spoke to the Commission Members regarding possible hangar rental reimbursements, stating that this would only apply to those who would have to leave the airfield and store their planes elsewhere in order to keep flying. Farris noted that they will discuss this issue further, and he reiterated the "red, blue, yellow" plan that has been discussed so far. Members then began talking about what might happen if another wet spring occurs. This led to a discussion of how flexible they can be in completing this project. ii. South Aviation Development Study -Tharp stated that he is not sure of the status of this. It is most likely still with the FAA, according to Tharp and Farris. The final report is to be back yet this month. iii. 2008 Pavement Rehab (North Taxilanes) -Tharp stated that there is one touch-up on this project - a soft spot in the pavement. Hartwig stated that they should look into the heaving of pavement in this area before it becomes too big of a problem. iv. Obstruction Mitigation -Farris noted that he does not have an update on this. Dulek stated that she has an update. She noted that Hughes wanted to close out the United hangar demolition, but the contractor has not provided the necessary paperwork. After several months of no response, Hughes asked Dulek to send a letter. v. Building H -University of Iowa Hangar Expansion -Farris noted that bids came back. Tharp stated they had nine overall. He briefed Members on this, and stated that he is proposing that the $10,000 fence budget be used toward the gap on the over-budget amount. Tharp responded to Members' questions regarding this project, explaining some of the work that will be done in-house instead. Rettig asked for further clarification from Tharp, to which he responded. 1. Consider Resolution #A09-2 Accepting Bids and Awarding Contract for the Building H - University of Iowa Hangar Expansion With Deduct Alternates -Rettig moved to Consider Resolution #A09-2, Accepting Bids and Awarding Contract for the Building H -University of Iowa Hangar Expansion With Deduct Alternates; seconded by Horan. Carried 5-0. vi. Corporate Hangar L -Rettig asked where this item was in relation to the CIP plan, Tharp responded that this was in the FY2011 budget year. Rettig asked about the money in the current plan and 3 Iowa City Airport Commission February 12, 2009 Page 4 of 6 if they could apply for the hangar under the upcoming program that Tharp has given copies of the email. Farris responded that they have $100,000 in the budget policy which they could use for FY10. b. Airport "Operations;" Strategic Plan-Implementation; Budget; Management - Farris noted that he has been at several City Council meetings recently, and he shared with Members that the Council is looking to make cuts in several areas. He noted that the Airport budget was presented at $130,000 for operations. After a review, he stated that the Council opted to drop this to $120,000. Members briefly discussed this, noting that they can make the necessary adjustments. Rettig spoke to the local match amount for the hangar project, asking which fiscal year it is in. Farris and Tharp responded to questions and concerns from Members. The discussion continued, with Members talking about ways for the Airport to become more self-sufficient in coming years. Farris noted that he also presented the Airport's Annual Report to the Council recently. Rettig asked if the Commission could get copies of this final report. Tharp noted that he would do that. The conversation turned to upcoming grant opportunities and how the Airport should approach these. The budget was discussed next. Rettig asked how they plan to handle Jet Air now doing the Airport's maintenance. She noted that it is under "Snow and Ice Removal" currently. She suggested they talk with Finance downtown on the best way to handle this account in the future. Tharp stated that he would do that. Tharp added that the door on the University's hangar is having a problem, and that someone is coming out this week to give an estimate. Hartwig asked where the traffic-pattern change notification is currently. Tharp noted that mailings go out next week, and that he has several things in the works. c. Airport Commission Terms -Farris noted that Tuesday's Council meeting addressed the change in the Airport Commission terms. Rettig asked for some clarification on this, stating that four years is probably a better term. Dulek addressed how this would work, giving the Members the best scenario for making this change. Rettig stated that she believes they should hold off for a year before doing this. An audience member added that having shorter terms allows for added viewpoints on the Commission. Members briefly discussed this, agreeing that having the change to a 4-year term go into effect March 1, 2010 rather than March 1, 2009 would be better. Rettig noted that at the next meeting they would need to elect new officers. She asked if the Members are still interested in going back to the "old school" way of doing this, rotating through Members. Horan stated that he was thinking of nominating Rettig for Chair. Members continued to discuss this, with Staley noting that he would not have the time to serve as Chair. 4 Iowa City Airport Commission February 12, 2009 Page 5 of 6 d. FBO Staff Report - Woolford addressed the Commission. He noted that they have created a spreadsheet to help them in tracking the maintenance and cleaning of the Airport. He reviewed some of the areas they have been working on and cleaning up. He noted several problem areas that will need some attention. Other than that, he stated that things were going fairly well overall. Subcommittees' Reports -Tharp noted that he spoke to Jeff Davidson recently, and that he should have some time soon to help the Strategic Planning subcommittee. Farris noted that the viewing area subcommittee has not met recently. £ Commission Members' Reports -Hartwig noted this is his last meeting, and he commented on all that has occurred during his tenure. He added that it is very encouraging, all that has transpired, and that none of this would have happened without the City's support. Hartwig added that he is very appreciative of the current Commission's work the past few years, and that he looks forward to staying involved and helping out as he can. Those in attendance applauded Hartwig's comments. Rettig added that she is honored to have served on the Commission with Hartwig. She added that Farris set up a Facebook page for the Airport, and she suggested getting this out there more. She suggested they also use Twitter to get special alerts out to people. Horan added his thanks to Hartwig, stating that he has had a stabling effect on the Commission. Staley added his thanks as well. He noted that during Hartwig's three-year tenure as Chair a lot of change occurred. Farris agreed with Staley, noting that during Hartwig's Chair things were a bit tough at times. He thanked Hartwig for his work. g. Staff Report -Tharp noted that the Iowa Public Airports' Association 'Day on the Hill' is slated for Wednesday, February 25. He noted that two Members could also attend, if interested. Tharp thanked Hartwig, as well, noting that it was a pleasure to work with him. SET NEXT REGULAR MEETING FOR: March 12, 2009 at 7:00 P.M. Rettig moved to set the March 12, 2009 meeting for 7:00 P.M., seconded by Horan. Carried 5-0. ADJOURN: The meeting adjourned at 7:44 P.M. Iowa City Airport Commission February 12, 2009 Page 6 of 6 Airport Commission ATTENDANCE RECORD YEAR 2009 (Meeting Dated NAME TERM EXP. 1/8 2/5 2/12 3/12 Greg Farris 3/1/13 X X X Randy Hartwig 3/1/09 X X X Howard Horan 3/1/14 X X X Janelle Rettig 3/1/12 X O/E X John Staley 3/1/10 X O/E X KEY: X =Present O =Absent O/E = Absent/Excused NM = No meeting --- = Not a Member 6 DRAFT POLICE CITIZENS REVIEW BOARD MINUTES -February 10, 2009 IP15 CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Janie Braverman, Donald King, Greg Roth, Abbie Yoder MEMBERS ABSENT: None STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle OTHERS PRESENT: Captain Richard Wyss and Officer David Schwindt (5:34) of the ICPD; and public, Caroline Dieterle RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR Motion by King and seconded by Braverman to adopt the consent calendar as presented or amended. • Minutes of the meeting on 01/13/09 • ICPD General Order 99-02 (Alarm-Open Door Response) • ICPD General Order 01-01 (Racial Profiling) • ICPD General Order 01-06 (Juvenile Procedures) • ICPD Department Memo #09-04 (Oct-Nov 2008 Use of Force Review) Motion carried, 5/0. Roth wanted to know on the Use of Force Review report if every officer involved in an incident had to fill out a report. Wyss explained any time an officer uses force they are required to complete a use of force report, and the report only reflects their actions. If three officers respond to an incident and all three use force, there will be three reports and one incident. If three officers respond, two use force and the other doesn't do anything (not necessary, or interacts with bystanders or witnesses and doesn't use force), there would be one incident, two reports. OLD BUSINESS Complaint Form Update regarding Officer Bill of Rights -Pugh asked for this item to be tabled until the March meeting to complete her research. Complaint Registry/Monitoring System -Wyss reported that the request to change the Chief's report to the Board regarding the officer identifier switching to alpha (ie Officer A, Officer B) was not an issue and could be done. There was some concern about maintaining a registry over long-term. The Police Chief had expressed that he wanted to meet with the Chair of the Board about this issue. One of the main concerns is that there is no time limit on the registry. For example if an officer has a 30 year career, the report could go back 20-25 years with a sustained complaint. The other issue is that there is no correlation between the disciplinary action and the allegation made. So when the Board would receive the report it would have the sustained allegation, but it would not and could not have what the disciplinary action was. The report would be painting a fairly broad picture without a lot of information in it. Roth asked if the police department had a time criteria for personnel files that they used for complaints/allegations that go into an officers file. Wyss stated a minor infraction stays in the file for one year and at that time they're removed and can not be used for any future discipline. Anything above that, any major infraction, would be PCRB February 10, 2009 Page 2 maintained in the officers file permanently and can be used to determine future disciplinary action. The Board briefly discussed having a similar system where they could remove minor infractions. King pointed out that since the sustained allegation was based only on PCRB complaints and did not include the complaints that went through the police department that the report was not a complete picture of sustained allegations. The Board agreed to table the discussion so the Chair could have a chance to speak to the Police Chief regarding the Chief's concerns. Yoder suggested adding a disclaimer to the bottom of the Sustained Allegation report stating that it information only reflects complaints filed with the PCRB. Pugh will draft language to be added to the report. Tuttle mentioned to the Board that the Standard Operating Procedures will need to be altered accordingly to reflect their request in the change with the Chief's report. Larson asked if there was any information on the NACOLE website regarding this type of reporting and asked if Tuttle could look into it. NEW BUSINESS None. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. EXECUTIVE SESSION Motion by King and seconded by Yoder to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 5/0. Open session adjourned at 5:55 P.M. REGULAR SESSION Returned to open session at 6:15 P.M. Motion by Roth, seconded by King to set the level of review for PCRB Complaint #08-09 to 8-8-7 (B)(1)(a), On the record with no additional investigation. PCRB February 10, 2009 Page 3 Motion carried, 5/0. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • March 10, 2009, 5:30 PM, Lobby Conference Rm • April 14, 2009, 5:30 PM, Lobby Conference Rm • May 12, 2009, 5:30 PM, Lobby Conference Rm • June 9, 2009, 5:30 PM, Lobby Conference Rm ADJOURNMENT Motion for adjournment by Braverman and seconded by Yoder. Motion carried, 5/0. Meeting adjourned at 6:17 P.M. ~~O~C ~ 0 ~ Q ~ ~ ~ y ~ fD fD ~ ~ ~ ~ fD -"' ~ ~ ~ ~ "S f9 Q -C Y G~ 0 ~ t" ~ o ~ d ~ ~ b~ ,~, ; ~;~ ~ z ~ N o ~O o ~O ~ ~ ~ N r~~ x b W y 1.y _ ~,.yJ \/ ~~ ~ z d o~ ~~ 0 b r I^~I l J ^~ l l MCI y F~1 c r~ 0