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HomeMy WebLinkAbout2019-03-21 Info Packeti � 1 nim'` CITY 01 10VVA CITY www.icgov.org City Council Information Packet March 21, 2019 IP1. Council Tentative Meeting Schedule Miscellaneous IP2. Email to Mayor from Helen Schneblen (x2): IC Climate Plan, State of City (Mayor's response included) IP3. Email to Council member Cole from Dave Tiffany: Deer Hunting IP4. Copy of report submitted by City Manager: Iowa Business Council - 2019 Iowa's Competitive Dashboard IPS. Emails from Big Ten Property Management: 408 N. Dubuque Street (Staff responses included) IP6. Email from Mark Signs: Rental Caps Legislation IP7. Bar Check Report - February, 2019 IP8. ECICOG: Garbage Grapevine - March 2019 IP9. Civil Service Entrance Examination: Housing Office Manager IP10. Civil Service Entrance Examination: Maintenance Operator -Wastewater IP11. Civil Service Entrance Examination: Maintenance Worker I -Water Customer Service Draft Minutes IP12. Community Police Review Board, March 12 IP13. Planning and Zoning Commission: March 7 March 21, 2019 City of Iowa City Page 1 Item Number: 1. + r ., .®Oa • wln�r�� CITY Ok IOWA CITY www.icgov.org March 21, 2019 Council Tentative Meeting Schedule ATTACHMENTS: Description Council Tentative Meeting Schedule r City Council Tentative Meeting Schedule M6011 AW Subject to change ,wr=IGQ ON March 21, 2019 CITY OF IOWA CITY Date Time Meeting Location Tuesday, April 2, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Monday, April 15, 2019 4:00 PM Reception ICCSD 4:30 PM Joint Entities Meeting TBA Tuesday, April 23, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, May 7, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, May 21, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, June 4, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, June 18, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, July 2, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, July 16, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Item Number: 2. + r ., .®Oa • wln�r�� CITY Ok IOWA CITY www.icgov.org March 21, 2019 Email to Mayor from Helen Schneblen (x2): IC Climate Plan, State of City (Mayor's response included) ATTACHMENTS: Description Email to Mayor from Helen Schneblen (x2): IC Climate Plan, State of City (Mayor's response included) Julie Voparil From: Kellie Fruehling Sent: Monday, March 18, 2019 1:30 PM To: Julie Voparil Subject: Fwd: IC Climate Plan, State of City Sent from my Whone Begin forwarded message: From: Helen Schneblen <helenschneblen@yahoo.com> Date: March 16, 2019 at 9:39:40 AM HST To: Jim Throgmorton <Jim-Throgmorton@iowa-citv.org> Cc: Council <Council@iowa-citv.org>, Geoff Fruin <Geoff-Fruin@iowa-city.ore>, "rickt2128@aol.com" <rickt2128@aol.com>, "susanmims04@me.com" <susanmims04@me.com>, Bruce Teague <Bruce- Teague@iowa-city.ore>, "iohnfredericthomas@gmail.com" <johnfredericthomas@gmail.com>, Mazahir Salih <Mazahir-Salih@iowa-city.ore>, "rocknecole@gmail.com" <rocknecole@gmail.com>, Ashley Monroe <Ashlev- Monroe@iowa-city.org> Subject: Re: IC Climate Plan, State of City Mayor Throgmorton, Thank you for responding to my letter about your comments on climate action in Iowa City. I appreciate all of your time and the details in your letter. I don't write to take up more of your time, but to clarify my concerns. This is what still concerns me about your comments. The one-time 20-23% decrease in greenhouse gases in Iowa City took place, according to your own inventory, from 2014- 2015. That decrease has not continued annually, as thousands of new residents move to town. This decrease is before you became mayor and the climate plan was launched. This decrease has nothing to do with you or the City Council. It is entirely thanks to MidAmerican's increase in wind energy production for the state of Iowa. This is my point: Many other towns in Iowa, such as Dubuque, Fairfield, and Des Moines, have even more aggressive climate plans that are based on real actions for carbon reductions, not simply flicking the switch thanks to MidAmerican. Hundreds of cities have committed to 100% renewable energy. Just google it. Last week, towns like Evansville, Indiana to Boise, Idaho joined hundreds of other cities, including St. Louis. Instead of building on this clean energy bonus from MidAmerican, Iowa City claims credit for it, and has done little to boost renewable energy --in your own words, "very little" renewable energy. Des Moines joined the City Energy Project and is reducing energy consumption by 50% by 2030 through energy efficiency measures. You write, "staff has been looking into strengthening." Looking into? Do you look into things for 3 years? You say you have planted 340 trees a year since 2016. Last year, India plant 66 million trees in 12 hours. New York City planted one million trees. Many towns have committed to a zero waste policy, redirecting 80-90 percent of their recycling and compost. Iowa City has new two electric cars in 3 years, and two on order. Is that an achievement? I think it's dishonest for you to write repeatedly that "I am especially pleased to report that our latest (2015) community -wide inventory shows that emissions have decreased by roughly 23 percent since 2005." In your State of the City, you claim "we have almost achieved the 2026 goal already." This really sends a dishonest message to the community. You should speak the truth: We turn on our switch, like everyone else in Iowa, and are causing less CO2 emissions, thanks to MidAmerican. Even in your attached letter, you admit, "The Plan indicates that Iowa City will be able to achieve its 26-28% reduction in emissions by 2025 if MidAmerican and the University follow through on their own plans to shift." Key word: If. Therefore, Iowa City's climate plan is based almost entirely on the actions of MidAmerican and the University. It also concerns me that you are building four towering apartments on Burlington Street so close to the UI Power Plant. If I read the newspaper correctly, 2,000 students will live less than 100 yards from the campus coal-fired plant. On top of it, actually. If this is true, then think it is almost negligence on the part of the City to risk such a health danger. As an older person, I watched with joy as children across the world went into the streets, calling for climate action. Your words are well-meaning, but I find your actions fall far far short of doing Iowa City's part for our children. Thanks for your time. Helen Kellie Fruehling From: Jim Throgmorton Sent: Thursday, March 14, 2019 3:58 PM To: Helen Schneblen Cc: Council; Geoff Fruin; rickt2128@aol.com; susanmims04@me.com; Bruce Teague; johnfredericthomas@gmail.com; Mazahir Salih; rocknecole@gmail.com; Ashley Monroe Subject: RE: IC Climate Plan, State of City Attachments: Climate Action Update Mar 14 2019.docx Dear Helen, Thank you for writing about this important topic. Please see that attached Word document for a full response. I'm copying the City Manager and my fellow council members on this email so that they will be aware of our communication. Mayor Jim Throgmorton Iowa City City Council, At -Large From: Helen Schneblen [helenschneblen@yahoo.com] Sent: Thursday, March 7, 2019 5:25 PM To: Jim Throgmorton Subject: IC Climate Plan, State of City Mayor Throgmorton, I find your comments about climate change in the State of the City address to be disingenuous, and very discouraging. In your State of the City address, you claimed "we have almost achieved the 2026 goal already." But you know your comment, referencing a 2015 greenhouse gas inventory, is not based on any actions by the City of Iowa City, but the reality that MidAmerican has increased its wind energy production. As we know, all of the suggestions in the Iowa City Climate Action Plan are based on projections. No actual plans were established by the Steering Committee to achieve them. As you noted in your address, Iowa City has added 10,00o residents since 2010, and thousands of new housing units. That is a significant carbon footprint. The UI Power Plant will burn coal until 2025. To my knowledge, it burns twice as much natural gas than the experimental biomass program. In the three years you have led the city, how have you enforced energy efficiency codes? How much renewable energy, such as geothermal or solar, has the city added under your leadership? How many electric vehicles and electric buses have you added? While we wait for the Bike Plan to happen, how many bike lanes have been added in the past three years? How many trees have you planted? How many acres of local food have you developed? Other than tout MidAmerican, and support the aspirations of the Climate Plan, I am not exactly sure what you have done these past years. Meanwhile, we only see rising condos and more traffic. Iowa City has so many wonderful attributes. It is a shame we can't say the same about climate action under your leadership. For you to crow about reaching our climate plan goals without any real action is quite sad. Sincerely, Helen Climate Action Update March 14, 2019 Dear Helen, Thanks so much for sharing with me your March 7 critique of our climate action efforts over the past three years. The climate challenge we face is so serious and important that it would be foolhardy of me or anyone else in City government not to take constructive criticism to heart. So, thank you. In the spirit of dialogue, I would like to respond to your specific criticisms/questions and to provide you with some additional information. Some of the information comes from our 2018 Climate Action and Adaptation Plan, some comes directly from me, and most comes from Sustainability Coordinator Brenda Nations with the assistance of other City staff. Just to make sure you and I have the same starting point, let me begin by presenting a few background facts. On December 16, 2016, the City Council formally resolved to reduce 2005 -level greenhouse gas emissions by 26 to 28 percent by 2025 and 80 percent by 2050 relative to the baseline year of 2005 (which was the year the City's first inventoried emissions). This resolution matched the U.S.'s commitment to the Paris Climate Agreement prior to the President's statement of intent to withdraw from it. In order to achieve these goals efficiently and effectively, as well as to ensure the public would support our climate action efforts, the Council decided it was necessary to get some outside help in preparing a Climate Action and Adaptation Plan. In April 2017, the Council adopted a resolution creating a Climate Action Steering Committee, which would include a diverse mix of residents and key stakeholders, including five members of the general public, an architect, an undergraduate at the University of Iowa, and representatives from the University, Kirkwood Community College, the Home Builders Association, the Chamber of Commerce, Procter & Gamble, and MidAmerican Energy. In May 2017, the Council authorized the hiring of a consulting team led by Elevate Energy to do technical work required to prepare the Climate Action Plan. City staff, the Steering Committee, and the consulting team spent the next 16 months preparing the Plan. According to the City's greenhouse gas emission inventory for 2015, which served as the baseline for part of the Climate Action Plan, 42% of community -wide emissions in Iowa City result from the fossil fuels used to generate electricity. Most of that electric power is provided by MidAmerican Energy. Natural gas use for heat and electricity accounts for 26% of the greenhouse gas emissions, followed by coal used to operate the University of Iowa's Power Plant (15%), and transportation (15%). The Plan indicates that Iowa City will be able to achieve its 26-28% reduction in emissions by 2025 if MidAmerican and the University follow through on their own plans to shift, in the case of MidAmerican, to renewable energy for electric power generation and, in the case of the University, to stop using coal at its Power Plant. In 2015, 35.5% of MidAmerican's electricity in Iowa was generated using renewable wind energy, but MidAmerican projects that 89% of its electricity production will come from renewable sources by 2019 and 100% sometime after 2019. Current projections set 2025 as the goal for 100% renewable energy generation, but this date is not currently finalized and is subject to change. In order to achieve our 80% reduction goal by 2050, it also will be necessary to reduce substantially the use of energy in the building and transportation sectors. In September 2018, the Council formally adopted the City's Climate Action and Adaptation Plan. The Plan identified 35 actions that will help us achieve our goals. The Council also accepted the Steering Committee's recommendation that the committee reconstitute itself as an informal advisory board which would monitor the City's progress toward achieving the Plan's goals and recommend specific actions the City should take to help achieve those goals. Now, let me turn to your specific criticisms/questions. They are shown in quotation marks. Responses are in red. "As we know, all of the suggestions in the Iowa City Climate Action Plan are based on projections. No actual plans were established by the Steering Committee to achieve them." The actions in the plan were all quantified to ensure that the reduction targets would be met. The version of the Plan that has been made available to the public omits, for the sake of clarity and ease of understanding, many of the detailed goals, calculations, and documents that are in the City staff's possession. It may not be feasible to act immediately on all the actions called for in the Plan, but both the City staff and the informal Climate Action Advisory board have been working to undertake these actions since the plan was adopted. "As you noted in your [State of the City] address, Iowa City has added 10,000 residents since 2010, and thousands of new housing units. That is a significant carbon footprint. Yes, substantially more people now live in Iowa City and more residential units have been constructed. In fact, growth in population and economic activity was presumed and accounted for quantitatively within the Plan. Even so, we have continued to reduce emissions per capita. Not many cities can make this claim. "The UI Power Plant will burn coal until 2025. To my knowledge, it burns twice as much natural gas than the experimental biomass program." The University's Power Plant accounts for roughly 15 percent of greenhouse gas emissions in Iowa City, so what the University does at the Plant matters a great deal to us. Our Plan is based on the University's stated intention to fully cease use of coal at the Plant by 2025. However, City government cannot directly control what the University does or does not do with its Power Plant. It is our understanding that while the University has been switching over to biomass, they have had to increase the use of natural gas. The bigger question is what the University will do if it enters into a long-term contract with a private firm to manage the Plant. We will be engaging the University's leadership to consult with us about its plans before they are firmly adopted. "In the three years you have led the city, how have you enforced energy efficiency codes?" Staff has been looking into strengthening our energy efficiency codes for new developments, but it is our understanding that we cannot legally adopt or enforce any energy code stricter than the State's. Building Inspection staff insures that all new dwelling units and additions meet the specific insulation and thermal values for walls, floors, ceilings, window and doors according to Energy Code requirements. Staff must have verification by one of three paths of compliance: 1) the prescriptive method, in which plans must show that the building is designed to the minimum values stated in the code before staff issues a building permit, 2) a performance method where data can be supplied using software called ResCheck, where information such as insulation values, window and door thermal values and other information is entered and a report shows if the building meets energy code requirements as designed, or 3) a "HERS Rating", which is an in-depth energy performance assessment provided by a certified third - party Rater. On final inspection, City staff are inspecting for the required tag at electrical panel. The tag at the electrical panel needs to include the following information: duct leakage and blower door test results, window and door U -values, insulation R -values and equipment efficiencies. "How much renewable energy, such as geothermal or solar, has the city added under your leadership?" The straight -forward answer is: very little. The City has four facilities which include geothermal: two fire stations, the East Side Recycling Center, and the new Animal Care and Adoption Center, but those were in place prior to 2016. The City Council has chosen not to push hard for more solar photovoltaic (PV) installations primarily because a very large percentage of electric power used inside Iowa City's city limits comes from MidAmerican Energy. Because MidAmerican is making a major transition to generating electric power with wind, it appears we would be replacing carbon -free wind with carbon -free solar. But there is ongoing debate among the Council and City staff about that for reasons having to do with what fuel sources MidAmerican uses to supply power during periods of peak demand (i.e., mid-day during the summer), and what MidAmerican does with the power generated at its remaining coal-fired power plants. Despite this ongoing debate, the City Council commissioned a consultant study of several City -owned properties as possible sites for PV arrays. This study, which was completed a few months ago, shows these sites have considerable potential. Largely for this reason, the City Council instructed City staff to include a large PV array on the roof of the City's new Public Works facility, and $700,000 for this purpose is included in the FY2019 amended budget adopted on March 12. Another $100,000 is included in that budget for a PV array at Terry Trueblood Park. However, the consultant's study of possible sites also shows that most of them have poor paybacks in conventional economic terms. Moreover, adding "social costs" (negative externalities) associated with the current source of electric power (MidAmerican) would have very little effect on the paybacks given the utility's heavy use of wind energy. Along with other members of the Metro Coalition, we are keeping close track of two bills which are currently being considered by the State Legislature (SSB 1201 and HSB 185). If enacted as currently written, it appears as though these bills would undermine the ability of small businesses, homeowners, and farmers to generate electric power with small-scale solar panels and sell any excess power they generate back to the electric utility. "How many electric vehicles and electric buses have you added?" In the last three years, the City has added two Nissan Leaf electric vehicles, and two more have been ordered and should be available shortly. Likewise, we have added three Ford Fusion Hybrids and one electric utility vehicle/truck (E -Ride EXV2 Utility). We have not added any electric buses, primarily because our buses must be able to travel under the Iowa Avenue railroad bridge near the river. The height of existing electric buses would not be able to do that. Over the past 3 years, we have also added electric vehicle charging stations for the public in the Chauncey Swan, Dubuque St., Capitol St., and Harrison St. Parking Ramps, plus one in the Chauncey Swan Ramp for City cars. You did not ask, but I should also tell you that we are on the verge of commissioning a major study of Iowa City Public Transit's routes and schedules. We are hopeful this study will result in changes that will enable us to greatly increase ridership on our bus system. "While we wait for the Bike Plan to happen, how many bike lanes have been added in the past three years?" We have completed a 4 -to -3 lane conversion with bike lanes on I" Ave from Bradford to Hwy 6, and will do more such conversions this spring and summer on Mormon Trek, Clinton, and Madison. In addition, bike lanes are scheduled to be installed this year on Dodge, Governor, Foster Road between Prairie du Chien and N. Dubuque, and the McCollister Boulevard extension from Sand Road to Sycamore. "How many trees have you planted?" Approximately 1,500 trees have been planted since the start of 2016. We are required to plant 100 a year as a "Tree City USA" member. The total number of new trees comes from contracted planting, infill, timber stand improvement and large-scale public tree plantings through the City's Engineering staff. We have had large scale planting projects every year in the last three years for example along Sycamore St. (200 trees), Camp Cardinal Road and West Branch Road (approx. 200 trees), and McCollister Boulevard (100+ trees). We also plan on adding 75 trees in the area along 4201h Street to buffer the railroad. These numbers do not include trees that are planted as part of private redevelopment. "How many acres of local food have you developed?" Since the start of 2016, we have increased our community garden plots from 111 to more than 200. We have added edible landscaping at the Lee Recreation Center, City Hall, and the Ped Mall. We also have gardening programs at the Rec Center that we have never had before. Creekside and Walden Green Community Gardens are also in the works. "Other than tout MidAmerican, and support the aspirations of the Climate Plan, I am not exactly sure what you have done these past years. Meanwhile, we only see rising condos and more traffic." • In December 2017, the City Council approved an amendment to the City's policy regarding the use of Tax Increment Financing (TIF). This amendment stated, "New office and mixed-use building projects receiving TIF in any urban renwal area shall be certified Silver or better under the LEED for New Construction Rating System current at the time of design development. New Residential projects shall be certified Silver under the National Green Building Standard or the LEED Green Building Rating System appropriate to the building type. Further, for LEED projects, at least 8 points shall be awarded for the LEED Optimize Energy Performance credit to ensure that TIF projects help meet the City's carbon emission reduction goals." • The informal Climate Action Advisory committee, which grew out of the City's Climate Action Steering Committee, is undertaking a variety of projects. City government is actively engaging with this group to ensure cooperation with public and private agencies in meeting emission reduction goals. While these activities are not purely a City effort, our support is offering connections and, in some cases, financial assistance (such as the City's $75,000 in Climate Action Partnership Grants over three years) to keep the community at large reaching for the emissions targets. City staff is on the verge of reviewing and awarding the next cycle of recipients (for up to 12 new Climate Action Grant projects). If you would like to assist the committee in its efforts, please contact the informal chair of the committee, Matt Krieger at: mkrieger@neumanm-nonson.com • Last, you might be interested in receiving our monthly Sustainability Newsletter. It can be found at: icgov.org/sustainability I hope this response is helpful, Helen. If you have follow-up questions or reactions, please let me know. Item Number: 3. + r .®Oa • wln�r�� CITY Ok IOWA CITY www.icgov.org March 21, 2019 Email to Council member Cole from Dave Tiffany: Deer Hunting ATTACHMENTS: Description Email to Uouncll member Cole from Dave Tiffany: Deer Hunting Julie Voparil From: Kellie Fruehling Sent: Monday, March 18, 2019 1:27 PM To: Julie Voparil Subject: Fwd: Deer Hunting. Sent from my iPhone Begin forwarded message: From: Rockne Cole <rocknecole@gmail.com> Date: March 15, 2019 at 1:49:50 PM HST To: Kellie Fruehling <Kellie-Fruehling@iowa-citv.ore> Subject: Deer Hunting. Please place in packet. Message from resident Dave Tiffany... Rockne, Bowhunting as a Deer Management Tool The use of bowhunting as a method to control deer population densities is ineffective: 1. In a February 1988 report on bowhunting at Rock Cut State Park in Illinois, Department of Conservation biologist Tom Beissel, states: ... this report recognizes that bowhunting has never been an effective tool for deer control... 2. In Texas, which has more deer than any other state, Parks and Wildlife biologist Horace Gore comments: You cannot call bowhunting a population control measure, it is a recreational pursuit. In fact, he adds: We do not advocate bowhunting when the objective is controlling the population. 3. According to John Parker, Area Wildlife Manager for the Minnesota Department of Natural Resources, only 3 deer were killed from the 29 bow permits issued in the 1989 bow hunt in the Minnesota River Valley Area. 4. Larry Gillette, Wildlife Biologist for Hennepin Parks, acknowledges that bowhunters fail to retrieve a substantial number of deer they shoot and does not advise the use of archery hunting to control deer populations. 5. The Eagan City Council decided in 1993 not to allow bowhunting. This was largely due to FATE's (Friends of Animals and Their Environment) efforts. An article in Bowhunter's Hotline (Sept. 1993) regarding Eagan's decision reported that the Mayor of Eagan had supported bowhunting in the past; however, his mind was changed about the sport due to the information provided by FATE. The Mayor of Eagan, Tom Egan was quoted in the article as saying: FATE provided me with a lot of valuable information, and I have always supported bowhunting, but I no longer feel the rationale that it's an efficient management tool outweighs the safety and cruelty aspects. Also, the Mayor was reported as saying: I think if we set loose every bowhunter in Eagan, we still wouldn't reduce the deer population, and the city would be less safe. He added: It isn't feasible for every bowhunter to shoot and retrieve five deer. They might each shoot and wound five, but not shoot and recover five. The above listed items clearly show the inefficiencies and ineffectiveness of bowhunting as a population control method and deer management tool. Dave Tiffany Item Number: 4. + r ., .®Oa • wln�r�� CITY Ok IOWA CITY www.icgov.org March 21, 2019 Copy of report submitted by City Manager: Iowa Business Council - 2019 Iowa's Competitive Dashboard ATTACHMENTS: Description Copy of report submitted by City Manager: Iowa Business Council - 2019 Iowa's Competitive Dashboard Economic Growth Health & Wellness Education & Workforce Governance �1• Demographics & Diversity !1!. ew Overall Performance: Competitive Average Poor IowaBusinessCouncil.org 91 @IowaBusinessCcuncil © @IowaBizCouncil ® IowaBusinessCcuncil IBC's Recommended Actions Economic Growth For businesses to locate, expand, and thrive in Iowa, we must create an economic climate that fosters growth statewide and offers an expanding labor pool from which businesses of all sizes can hire. The IBC recommends developing and implementing strategies to both up -skill Iowans and attract others into the workforce. This includes continuing the implementation of the state's Future Ready Iowa initiative and funding this program's Last Dollar Scholarship and Employer Innovation Fund. Additionally, as part of a holistic approach to economic growth, it will be critical to address communities' workforce housing challenges which currently stifle business expansion and hinder efforts to attract new workers to both rural and urban areas. The IBC supports an increased investment in the State Housing Trust Fund and Workforce Housing Tax Credit programs and the development of a collaborative strategy to align resources to meet workforce housing needs. Governance The IBC applauds lawmakers for passing tax reform during the 2018 legislative session, and we support the continued efforts to make Iowa's tax code more competitive for all taxpayers. A modernized tax system with competitive tax rates and rules would promote growth throughout Iowa resulting in greater investment, higher wages, and the creation of more jobs, which will ultimately help us retain and increase our population. Education & Workforce To build Iowa's talent pipeline, we must better inform students and parents regarding the career opportunities available in our state, particularly related to middle skill jobs. It is essential that we increase the number of work -based learning partnerships, internships, externships, and apprenticeships available throughout all of Iowa. Additionally, it will be critical to continue to implement the state's Future Ready Iowa initiative and fund the program's student scholarships and Employer Innovation Fund. To address businesses' high -demand workforce needs, the IBC's Business Education Alliance (BEA) will continue to bring business and K-20 educational institutions together to develop scalable, sustainable solutions. The implementation of the BEA's strategies will strengthen the state's talent pipeline. Health & Wellness To increase the number of healthy Iowans, we need to reinvigorate our efforts to support and engage in the healthiest state initiative by taking a more proactive approach to well- being, moving beyond the focus of providing coverage to inspiring individuals to adopt healthier habits. It will be critical for employers to take an active role in this process by fostering environments that promote health and overall well-being. Additionally, it is important to note that workforce issues impact a variety of metrics in our Competitive Dashboard, including access to primary care physicians. We need to train, attract, and retain more physicians to meet the health needs of Iowans. Demographics & Diversity It is critical that all of Iowa - rural, suburban, and urban - see population growth, otherwise a shortage of workers will constrain the state's long-term economic vitality. The Iowa Business Council will convene a public-private partnership to conduct research and develop initiatives to attract and retain a diverse population across Iowa. Additionally, employers' ability to recruit and retain talent from other countries is a key factor for both business and population growth. Therefore, we must advocate for and advance policies that modernize the U.S. immigration system and deliver certainty for businesses, workers, and their families. M@IowaBusinessCouncil © @IowaBizCouncil ® IowaBusinessCouncil Iowa Business Council Members Mary V. Andringa I Chair Tim Glenn Benjamin J. McLean Chair of the Board, EVP & Chief Commercial Officer, CEO, Vermeer Corporation Corteva Agriscience Ruan Transportation Management Systems Terry Handley I Vice Chair President & CEO, Casey's General Stores, Inc. John K. Sorensen I Treasurer President & CEO, Iowa Bankers Association Georgia Van Gundy I Secretary Executive Director, Iowa Business Council Jim Brannen CEO, FBL Financial Group, Inc. Reynolds W. Cramer President & CEO, Fareway Stores, Inc. Randy Edeker Chairman, President & CEO, Hy -Vee, Inc. John D. Forsyth Chairman & CEO, Wellmark Blue Cross Blue Shield of Iowa Daniel J. Houston Chairman, President & CEO, Principal Financial Group J. Brooks Jackson Vice President for Medical Affairs, University of Iowa Health Care Phil Jasper President, Missions Systems, Collins Aerospace Gage Kent Chairman & CEO, Kent Corporation Douglas R. Kopp SVP of Operations & President, Interstate Power & Light Company Steve Lacy Executive Chairman of the Board, Meredith Corporation Jeff Lorenger President & CEO, HNI Corporation Cory J. Reed President, John Deere Financial Robert P. Ritz President & CEO, Mercy Health Network Mike Tousley EVP & General Manager, The Weitz Company Kevin E. Vermeer President & CEO, UnityPoint Health Michael Wells President & CEO, Wells Enterprises, Inc. Adam Wright President & CEO, MidAmerican Energy Company W. Timothy Yaggi President & CEO, Pella Corporation 91 @IowaBusinessCouncil © @IowaBizCouncil ® IowaBusinessCouncil X.L METRICSCO OF Median Household Income Metric Measurement $56,247 $58,570 State Rank'. State Rank'. 26 25 Economic Growth Iowa is experiencing economic growth, as evidenced in the $11 billion increase in Gross State Product and the increase in median household income of over $2,000. The state continues to have a strong labor force participation rate despite our shift in the rankings from 4 to 7, which was primarily the result of other states experiencing increases. It is important to note that while our competitive labor force participation rate supports business growth, when paired with our historically low unemployment rate, these factors also present a challenge in the shortage of available workers for Iowa businesses large and small. Unfortunately, we saw a slight decline in our State Technology & Science Index. This index assesses five key factors, one of which is Technology and Science Workforce, which measures the share of the state's employment connected to science and technology occupations. While Iowa did not see a major decline in the prevalence of these occupations, our drop in this factor indicates other states saw increases in science and technology employment opportunities, which ultimately resulted in a decline in our overall index ranking. Manufacturing Labor Force Gross State Value Participation State Technology Product (GSP) & Science Index (as a % of GSP) Rate #J4* . A*A 4 Metric Measurement $179 billion $190 billion State Rank'. State Rank'. 30 29 Metric Measurement 18.3% 18.1% State Rank'. State Rank'. 7 8 IowaBusinessCouncil.org Metric Measurement 69.2% 68.4% State Rank'. State Rank'. 4 7 Metric Measurement 43.5 38.82 State Rank'. State Rank'. 35 36 91 @IowaBusinessCouncil © @IowaBizCouncil ® IowaBusinessCouncil X.L METRICSCO OF '1- 811, Grade Reading Proficiency Metric Measurement 36.0% 37.0% State Rank: State Rank: 17 18 (sw✓ay tic) (3 -way tic) Education & Workforce While the number of Iowa students considered proficient in 8th grade reading and math remained rather consistent with last year's report, other states outperformed and bumped us in the rankings due to their gains in these two measures. Iowa remains a leader in ACT scores and continues to see improvements in our high school graduation rate. However, we see a disconnect between these two factors and the number of Iowans pursuing education and training beyond high school. We saw a slight improvement in the two education attainment figures, but ultimately the percentage of our population with a BA continues to be outpaced by other states. These metrics indicate that the state is not keeping up with the talent demands of today nor properly preparing for the workforce needs of the future. 8th Grade Math Proficiency #j 1* Metric Measurement 37.0% 37.0% State Rank'. State Rank: 14 18 (z -.ay rl) (z—y ae) ACT Scores 50% Participation Metric Measurement 21.9 21.8 State Rank'. State Rank'. 2 2 IowaBusinessCouncil.org Education Attainment High School+ 4)*k Metric Measurement 91.8% 92.1% State Rank: State Rank'. „ 10 (2 -way n Education Attainment Bachelor Degree+ Metric Measurement 28.4% 28.9% State Rank'. State Rank'. 34 38 91 @IowaBusinessCouncil © @IowaBizCouncil ® IowaBusinessCouncil X.1. METRICSCO OF Best Run States in America # Y'� Metric Measurement 3 5 State Rank'. State Rank'. 3 5 Governance Iowa continues to receive recognition as one of the best run states, maintaining our position as a top five state in this metric. While improvements were made to Iowa's tax code following comprehensive reforms passed in 2018, most of the reductions rely on triggers and will be phased in over time. This is important to note as the benefits of this reform cannot be measured yet and are not reflected in our rankings for the corporate and individual income tax rates. Iowa's percentage of budget allocated to Medicaid is less than the national average and we improved in our ranking from last year despite a slight increase in this spending. Nevertheless, the percentage of Iowa's budget dedicated to Medicaid is significant and rising more rapidly than any other segment of the State budget. The growing Medicaid expenditures is of concern as it may stifle investment in other critical areas of Iowa government services. Also, despite the decline in our state public -pension funding ratio, Iowa improved its ranking in this metric as a result of other states falling further behind in their respective funding. State Medicaid Corporate Individual Public -Pension Expenditures Tax Rate Income Tax Rate Funded Ratio (as % of Total) 4#j* L Metric Measurement 85.0% 81.6% State Rank'. State Rank: 13 10 N1%_. Metric Measurement 21.7% 21.9% State Rank'. State Rank'. 14 13 Metric Measurement 3.75 3.75 State Rank'. State Rank'. 48 48 Metric Measurement 4.60 4.61 State Rank'. State Rank'. 33 33 IowaBusinessCouncil.org 91 @IowaBusinessCouncil © @IowaBizCouncil ® IowaBusinessCouncil X.1. METRICSCO OF Active Primary Care Physicians per 100,000 , A�A�' Metric Measurement 84.8 82.8 State Rank'. State Rank'. 34 35 Health & Wellness Despite the fact that over 95 percent of Iowans have access to health care coverage, our state saw declines in its health measures. The most concerning change from 2017 was the four percent increase in the percentage of Iowans classified as obese, which resulted in a substantial drop in our rankings and places us as one of the four most obese states in the nation. Unfortunately, this uptick in obesity is part of a longer trend for the state that started back in 2010 due to unhealthy eating habits and physical inactivity. The percentage of Iowans who smoke increased slightly this year, however, when looking at the broader trend for this metric, we continue to move in the right direction. Overall, fewer Iowans are smoking, as the percentage of the smoking population is down from 23.5% in 2000. It will be important to monitor this data point moving forward, but currently it is not a cause for concern. Percent Obese . A�A�' Metric Measurement 32.0% 36.4% State Rank'. State Rank: 37 47 Percent of Smokers 18 years+ 4# L Metric Measurement 16.7% 17.1% State Rank'. State Rank'. 22 25 Percent Lacking Health Insurance Metric Measurement 4.7% 4.5% State Rank'. State Rank'. 5 5 Gallup -Health ways Well -Being Index 41$ j 4q\��1\b, Metric Measurement 62.6 61.7 State Rank'. State Rank'. 19 21 IowaBusinessCouncil.org 91 @IowaBusinessCouncil © @IowaBizCouncil ® IowaBusinessCcuncil Total Population . r4# Metric Measurement 3,134,693 3,145,711 State Rank'. State Rank'. 30 30 Demographics & Diversity Iowa's slow population growth, and the continuation of this trend, threatens Iowa's long-term growth and prosperity. Growing Iowa's overall population - and doing so throughout the entire state - will be critical to increasing school populations, strengthening our workforce, and expanding state revenues. It is important to note that while Iowa's net migration was positive this year, it was outpaced by other states and still does not meet businesses' growth needs. Additionally, Iowa consistently ranks in the bottom six states for the ethnic diversity of our population. Over the last five years we diversified our state on pace with the national average growth rate - 1.6%. Though, to improve this metric, we must diversify our population more quickly than the national rate given our existing lack of diversity. Ultimately, the growth and diversification of Iowa's population must be accelerated in both urban and rural communities to ensure continued economic growth for our state. Population 5 -Year Change 4 j* Metric Measurement Ethnic Diversity of Population , ew�, L. Metric Measurement 2.4% 2.3% 13.6% State Rank'. State Rank: State Rank'. 28 26 46 Median Age of Population 4# j * Metric Measurement 14.1% 38 38.3 Rank State Ran. State Rank'. State Rank'. 45 23 25 Net Overall Migration Metric Measurement 2,944 4,112 State Rank'. State Rank'. 25 32 IowaBusinessCouncil.org 91 @IowaBusinessCouncil © @IowaBlzCouncil ® Iowa BusinessCounoI Active Primary Care Physicians: Includes general practice, family practice, obstetrics and gynecology, pediatrics, geriatrics and internal medicine. Corporate Tax Rate: A sub -index used by the Tax Foundation to gauge how a state's corporate income tax top marginal rate, bracket structure, and gross receipts rate affect its competitiveness compared to other states. Education Attainment: Refers to the highest level of education completed in terms of the highest degree or the highest level of schooling achieved. Gallup-Healthways Well -Being Index: This report examines well-being across the nation as determine by five elements. The five elements include: purpose (liking what you do each day and being motivated to achieve your goals); social (having supportive relationships and love in your life); financial (managing your economic life to reduce stress and increase security); community (liking where you live, feeling safe and having pride in your community); and physical (having good health and enough energy to get things done daily). Gross State Product (GSP): A measurement of a state's output; it is the sum of value added from all industries in the state. GSP by state is the state counterpart to the Nation's gross domestic product (GDP). Individual Income Tax: A sub -index used by the Tax Foundation to measure the impact of tax rates on the marginal dollar of individual income using three criteria: the top tax rate, the graduated rate structure, and the standard deductions and exemptions which are treated as a zero percent tax bracket. The rates and brackets used are for a single taxpayer, not a couple filing a joint return. 0 Glossary Labor Force Participation Rate: The ratio of the labor force to the working age population, expressed in percentages. Median Age: The median age is the age at the midpoint of the population. Half of the population is older than the median age and half of the population is younger. The median age is often used to describe the "age" of a population. Median Household Income: Household income is a measure of the combined incomes of all people sharing a particular household or place of residence. It includes every form of income, e.g., salaries and wages, retirement income, near cash government transfers like food stamps, and investment gains. Median income is the amount that divides the income distribution into two equal groups, half having income above that amount, and half having income below that amount. Net Migration: The difference between immigration into and emigration from the area during the year (net migration is therefore negative when the number of emigrants exceeds the number of immigrants). Obesity: Percentage of adults with a body mass index of 30.0 or higher based on reported height and weight. Population Change: The difference between the size of the population at the end and the beginning of a period, It is equal to the algebraic sum of natural increase and net migration (including corrections). There is negative change when both of these components are negative or when one is negative and has a higher absolute value than the other. Proficiency: One of the three National Assessment of Educational Progress achievement levels, representing solid academic performance for each grade assessed. Students reaching this level have demonstrated competency over challenging subject matter, including subject -matter knowledge, application of such knowledge to real-world situations, and analytical skills appropriate to the subject matter. Smoking: Percentage of adults who are smokers (reported smoking at least 100 cigarettes in their lifetime and currently smoke every or some days). State Public -Pension Funded Ratio: The funded ratio measures the level of assets in proportion to accrued liability. State Technology and Science Index: Benchmark that measures states' science and technology capabilities and broader commercialization ecosystems that contribute to company growth, high -value-added job creation, and overall economic growth. It is a measure of a state's innovation pipeline. The STSI's 107 individual indicators are sorted into five composites: Research and Development Inputs, Risk Capital and Entrepreneurial Infrastructure, Human Capital Investment, Technology and Science Workforce, and Technology Concentration and Dynamism. Total Population: The total population of a state consists of all persons falling within the scope of the census. Uninsured: Percentage of the population that does not have health insurance privately, through their employer or through the government. Value Added: The net output of a sector after adding up all outputs and subtracting intermediate inputs. It is calculated without making deductions for depreciation of fabricated assets or depletion and degradation of natural resources. IowaBusinessCouncil.org 91 @IowaBusinessCouncil © @IowaBizCouncil ® IowaBusinessCouncil Economic Growth 1. Median Household Income: U.S. Census Bureau (Table 51903 - Median Income in the Past 12 Months 2017 ACS 1 -year estimates). 2. Gross State Product: U.S. Dept. of Commerce Bureau of Economic Analysis, under Interactive Data - Regional Data - GDP & Personal Income - Annual Gross Domestic Product (GDP) by State - SAGDP2. 3. Manufacturing Value as a percentage of Gross State Product: Refer to source provided under Gross State Product (under Economic Growth). (Numbers calculated from various data points by the University of Northern Iowa's Institute for Decision Making.) 4. Labor Force Participation Rate: Iowa Workforce Development, "Labor Force Summary Data Tool" (The metric uses a 12 month rolling average.) 5. State Technology and Science Index: Milken Institute Center for Jobs and Human Capital, "2018 State Technology and Science Index" Education & Workforce 1. Proficiency in 8th Grade Reading: National Center for Educational Statistics, National Assessment of Educational Progress, "The Nation's Report Card" 2. Proficiency in 8th Grade Math: Refer to the source provided under Proficiency in 8th Grade Reading (under Education & Workforce). 3. ACT Scores with 50% Participation: ACT, "Average ACT Scores by State Graduating Class 2018" Appendix 4. Education Attainment High School Plus: U.S. Census Bureau (Table 51501 - Educational Attainment 2017 ACS 1 -year estimates). 5. Education Attainment Bachelor Degree Plus: Refer to the source provided under Education Attainment High School Plus (under Education & Workforce). Governance 1. Best Run States in America: 24/7 Wall St., "Best and Worst Run States in America: A Survey of All 50" 2. State Public -Pension Funded Ratio: The PEW Charitable Trusts, "The State Pension Funding Gap: 2016" 3. Medicaid Expenditures as a Percentage of Total Expenditures: National Association of State Budget Officers, "State Expenditure Report," page 56 (Table 29). 4. Corporate Tax Rate: Tax Foundation, "2018 State Business Tax Climate Index," page 21 (Table 3). 5. Individual Income Tax Rate: Tax Foundation, "2018 State Business Tax Climate Index," page 29 (Table 4). Health & Wellness 1. Active Primary Care Physicians per 100,000 Population: Association of American Medical Colleges, "2017 State Physician Workforce Data Report" 2. Percent Obese: America's Health Rankings (AHR), "AHR 2018 Annual Report," page 64. IowaBusinessCouncil.org 3. Percent of Smokers 18 years+: America's Health Rankings (AHR), "AHR 2018 Annual Report," page 68. 4. Percent Lacking Health Insurance: America's Health Rankings (AHR), "AHR 2018 Annual Report," page 86. 5. Gallup-Healthways Well -Being Index: "State of American Well -Being: 2017 State Well -Being Rankings" Demographics & Diversity 1. Total Population: U.S. Census Bureau (Table B01003 - Total Population 2017 ACS 1 -year estimates) or (Table SO101 - Age and Sex 2017 ACS 1 -year estimates). 2. Population 5 -Year Change: U.S. Census Bureau (Numbers calculated from various census statistics by the University of Northern Iowa's Institute for Decision Making.) 3. Ethnic Diversity of Population: U.S. Census Bureau (Table DP05 - Demographic and Housing Estimates 2017 ACS 1 -year estimates). 4. Median Age of Population: U.S. Census Bureau (Table SO101 - Age and Sex, 2017 ACS 1 -year estimates). 5. Net Overall Migration: U.S. Census Bureau (Table PEPTCOMP - Estimates of Components of Resident Population Change 2017 Population Estimates). 91 @IowaBusinessCouncil © @IowaBizCouncil ® IowaBusinessCouncil Household Income 2000 21 26 25 $42,993 $56,247 $58,570 Gross State Product (GSP) 2000 29 30 29 $93 billion $179 billion $190 billion IStMedian Manufacturing Value (as a % of GSP) 2001 8 7 8 23.4% 18.3% 18.1% Labor Force Participation Rate 2000 10 4 7 71.2% 69.2% 68.4% ate Technology & Science Index 2002 31 35 36 42.5 43.5 38.82 Proficiency 2003 11 17 ra-war tee 18 (te_a, va nKs� 36.0% 36.0% 37.0% ath Proficiency 2003 12 14 rte wren cod 18 rte wren MT) 33.0% 37.0% 37.0% rGradeeading with 50% Participation 2004 3 2 2 22.0 21.9 21.8 ttainment High School+ 2000 9 11 10 rse wren UT) 86.1% 91.8% 92.1% ttainment Bachelor Degree+ 2000 22 34 38 21.2% 28.4% 28.9% Best Run States in America 1 2010 3 1 3 1 5 1 3 1 3 State Public -Pension Funded Ratio 2000 29 13 10 97.7% 85.0% 81.6% Medicaid Expenditures (as a % of Total Expenditures) 2000 9 14 13 13.0% 21.7% 21.9% Corporate Tax Rate 2010 45 48 48 4.27 1 3.75 1 3.75 r Individual Income Tax Rate 1 20101 42 1 33 1 33 1 3.89 1 4.601 4.61 1 ctive Pimary Care Physicians per 100,000 Population 2000 46 34 35 71.3 84.8 82.8 ercent Obese 2000 39 37 47 21.5% 32.0% 36.4% ercent of Smokers 18 Years+ ffGallup-.'ealthways 2000 30 22 25 23.5% 16.7% 17.1% ercent Lacking Health Insurance 2000 4 5 5 6.9% 4.7% 4.5% Well -Being Index 2009 7 19 21 67.8 62.6 61.7 2000 30 30 30 2,926,324 3,134,693 3,145,711 Year Change 2000 34 28 26 4.5% 2.4% 2.3% Vota"aPopu'ation sity of Population 2000 45 46 45 6.1% 13.6% 14.1% of Population 2000 40 23 25 36.6 38 38.3 Migration 1990-1999 33 25 32 5,609 2,944 4,112 Item Number: 5. + r • wln�r�� CITY Ot IOWA CITY www.icgov.org March 21, 2019 Emails from Big Ten Property Management: 408 N. Dubuque Street (Staff responses included) ATTACHMENTS: Description 408 N. Dubuque Street, #1 408 N. Dubuque Street, #2 408 N. Dubuque Street, #3 408 N. Dubuque Street, #4 Kellie Fruehling From: Bi T-en.-ft,�e Uanage Le LLC <rentals@ bigteniowacity.com > Sent: C Tuesday, March 12, 2019 1:14 PM_ — To: attT ew J. Wagner Cc: 'Joseph T. Moreland; Sue Dulek; Council Subject: RE: 408 N Dubuque St Importance: High Matt So you email our office this morning at 9am to ask us to ask the Tenants to clean this up which we email them right away at loam this morning to ask them to comply and CC you on it. And then at 12:41 today you decide to issue a Notice of Violation on the property less than 4 hours after your email to us because the Tenants have not cleaned anything up within a 4 hour window?? This is not the normal process with the City of Iowa City and if it is then it needs to be address the City has to allow for a 24 hour correction period per the ordinance if we have read it correctly? If you would like to meet the Tenants at the property you have their email addresses you can contact them not cite the property owner for the Tenants actions. Respectfully, Big Ten Property Management LLC MAIL: PO Box 1490 Iowa City, IA 52244 OFFICE: 250 121h Avenue Ste 150 Coralville IA 52241 Phone: (319) 354-0028 Fax: (319) 354-0921 Email: rentalsa-BigTenlowaCity.com Website: www.Bi.TenlowaCity.com Owner is an Iowa Real Estate Broker *All lease pricing, terms and conditions can chanae at anytime prior to lease execution without notice. This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510- 2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then please delete it. Thank you From: Matthew J. Wagner [mailto:Matt-Wagner@iowa-city.org] Sent: Tuesday, March 12, 2019 12:41 PM To: 'Big Ten Property Management LLC Subject: RE: 408 N Dubuque St Big Ten Property Management, 1 Attached you will find a pdf notice of violation. Does not appear any of the trash made it to the curb for pickup today. Please let me know if you have any questions. Thanks, Matt Wagner Iowa City Housing Insp Asst. 319-356-5118 From: Big Ten Property Management LLC [mailto:rentals@bigteniowacity.com] Sent: Tuesday, March 12, 2019 10:06 AM To: 'Big Ten Property Management LLC' <rentals@bigteniowacity.com> Cc: Matthew J. Wagner <Matt-Wagner@iowa-city.org>; fjlepore98@gmail.com; jason-heegaard@uiowa.edu; drew.walz@yahoo.com; mattwnek27@gmail.com Subject: FW: 408 N Dubuque St Importance: High 408 North Dubuque Street Tenants We know it has been a cold winter however the City of Iowa City has contacted us here is there email and photos. Per your lease you are not allowed to have garbage all over the exterior of your rental. Please get this out of there today per the City's request or you could be fined by the City of Iowa City and create problems with them that you do not want. If you have any questions please feel free to call Matt Wagner at the City of Iowa City in the housing department he will be happy to discuss this with you and meet you onsite if you need him too his number is 319-356-5118 and we have CC'd him on this email. Please take care of this today its garbage day so you should have it all out at the curb now! Thank you Big Ten Property Management LLC MAIL: PO Box 1490 Iowa City, IA 52244 OFFICE: 250 121h Avenue Ste 150 Coralville IA 52241 Phone: (319) 354-0028 Fax: (319) 354-0921 Email: rentals(a-)-BiaTenlowaCity.com Website: www.BigTenlowaCity.com Owner is an Iowa Real Estate Broker *All lease pricing, terms and conditions can change at anytime prior to lease execution without notice. This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510- 2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then please delete it. Thank you 2 From: Matthew J. Wagner [mailto:Matt-Wagner@iowa-city.org] Sent: Tuesday, March 12, 2019 9:31 AM To: 'rentals@bigteniowacity.com' Subject: 408 N Dubuque St Big Ten Property Management, Will you please follow up with the tenants at 408 N. Dubuque St. regarding the bags of trash around the property? I was at the property March 8th / March lith and each visit spoke with a tenant at the door. I spoke with tenant Drew yesterday and let him know bags of trash needed picked up and disposed of properly on trash day 3/12/19. Please let me know if you have any questions. Thanks, Matt Wagner Iowa City Housing Insp Asst. 319-356-5118 Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. Virus -free. www.avast.com Kellie Fruehlin From: Big Ten Management LLC <rentals@ bigteniowacity.com > Sent: �esday, March 12, 2019 1:3 1 a:,t -Z- To: - To: 'Big Ten Property Management LLC' Cc: Matthew J. Wagner; fjlepore98@gmail.com; jason-heegaard@uiowa.edu; drew.walz@yahoo.com; mattwnek27@gmail.com; Sue Dulek; Stan Laverman; Council Subject: 408 N Dubuque St Iowa City - Notice of Violation Attachments: NOTICE OF VIOLATION 408 N DUBUQUE ST COM19_00738.pdf, IMG _4387.JPG; IMG_ 4486.JPG; IMG_4487.JPG; IMG_4488.JPG; IMG_4521.JPG; IMG_4522.JPG; IMG_4523.JPG; IMG_4524.JPG; IMG_4525.JPG Importance: High 408 North Dubuque Street Tenants: Matthew Wagner with the City of Iowa City has issued the property a Notice of Violation for the trash not being picked up at your location since our last email at loam this morning. Per this Notice of Violation attached in this email Matthew has given you until tomorrow 3/13/2019 to clean this up or further action will be taken. We ask that this be corrected immediately to avoid more issues with the City of Iowa City and Matthew Wagner. We have CC Matthew Wagner on this email feel free to call Matthew 319-356-5118 or his boss Stan Lavermann 319-356-5135 or the City Attorney Sue Dulek 319-356-5030 at the City of Iowa City if you have any questions as they are very upset with your trash not being taken care of properly. We have CC all of them on this email along with the City Council feel free to call or email any or all of them with questions! Thank you Big Ten Property Management LLC MAIL: PO Box 1490 Iowa City, IA 52244 OFFICE: 250 12th Avenue Ste 150 Coralville IA 52241 Phone: (319) 354-0028 Fax: (319) 354-0921 Email: rentals(aD-BigTenlowaCity.com Website: www.BigTenlowaCity.com Owner is an Iowa Real Estate Broker *All lease pricing, terms and conditions can change at anytime prior to lease execution without notice. This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510- 2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly 1 prohibited. Please reply to the sender that you have received the message in error, and then please delete it. Thank you From: Matthew J. Wagner [mai Ito: Matt -Wagner@ iowa-city.org] Sent: Tuesday, March 12, 2019 12:41 PM To: 'Big Ten Property Management LLC' Subject: RE: 408 N Dubuque St Big Ten Property Management, Attached you will find a pdf notice of violation. Does not appear any of the trash made it to the curb for pickup today. Please let me know if you have any questions. Thanks, Matt Wagner Iowa City Housing Insp Asst. 319-356-5118 From: Big Ten Property Management LLC [mailto:rentals@bigteniowacity.com] Sent: Tuesday, March 12, 2019 10:06 AM To:'Big Ten Property Management LLC' <rentals@bigteniowacity.com> Cc: Matthew J. Wagner <Matt-Wagner@iowa-city.org>; fjlepore98@gmail.com; jason-heegaard@uiowa.edu; drew.walz@yahoo.com; mattwnek27@gmail.com Subject: FW: 408 N Dubuque St Importance: High 408 North Dubuque Street Tenants We know it has been a cold winter however the City of Iowa City has contacted us here is there email and photos. Per your lease you are not allowed to have garbage all over the exterior of your rental. Please get this out of there today per the City's request or you could be fined by the City of Iowa City and create problems with them that you do not want. If you have any questions please feel free to call Matt Wagner at the City of Iowa City in the housing department he will be happy to discuss this with you and meet you onsite if you need him too his number is 319-356-5118 and we have CC'd him on this email. Please take care of this today its garbage day so you should have it all out at the curb now! Thank you Big Ten Property Management LLC MAIL: PO Box 1490 Iowa City, IA 52244 OFFICE: 250 12' Avenue Ste 150 Coralville IA 52241 Phone: (319) 354-0028 Fax: (319) 354-0921 Email: rentals(cD-BigTenlowaCity.com Website: www.BigTenlowaCity.com 2 Owner is an Iowa Real Estate Broker "All lease pricing, terms and conditions can change at anytime prior to lease execution without notice. This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510- 2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then please delete it. Thank you From: Matthew J. Wagner [mailto:Matt-Wagner@iowa-city.org] Sent: Tuesday, March 12, 2019 9:31 AM To: 'rentals@bigteniowacity.com' Subject: 408 N Dubuque St Big Ten Property Management, Will you please follow up with the tenants at 408 N. Dubuque St. regarding the bags of trash around the property? I was at the property March 8th / March 11th and each visit spoke with a tenant at the door. I spoke with tenant Drew yesterday and let him know bags of trash needed picked up and disposed of properly on trash day 3/12/19. Please let me know if you have any questions. Thanks, Matt Wagner Iowa City Housing Insp Asst. 319-356-5118 Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. Virus -free. www.avast.com NOTICE OF VIOLATION DATE: March 12, 2019 TSB HOLDINGS LLC PO BOX 1490 IOWA CITY, IA 522441490 Case #: COM19-00738 Location of Violation: 408 N DUBUQUE ST T'. .� CITY OF IOWA CITY Dear Property Owner: According to the records of the tax assessor, you are an owner of the above -referenced property. On 31812019, 1 observed an apparent violation of the Code of Ordinances of the City of Iowa City on your property. Type of Violation: 6-1-2A ACCUMULATION OF SOLID WASTE AND JUNK LOOSE TRASH / BAGS OF TRASH ON PROPERTY DATES OF VIOLATION - 3/8/19,3111/19.3112/19 Corrective Action Required: REFUSE, SOLID WASTE, AND GARBAGE ITEMS NEED TO BE REMOVED FROM ENTIRE PROPERTY. CONTINUING VIOLATIONS WILL RESULT IN LEGAL ACTION. A REINSPECTION WILL HAPPEN 3114119. VIOLATION MUST BE ABATED ON OR BEFORE: 3/13/2019 If you believe that you are not in violation of the City Code, please contact this omce to review the situation. If you intend to bring the property Into compliance with the Code, but cannot meet the staffed deadline, please contact this office and we will attempt to work with you on a short extension. If you do not take the requested action or make other arrangements with this Moe by the specified date, we will begin formal enforcement action. You will not receive an additional warning before we begin formal enfbmement action. Enforcement action may Inciuda civil penalties, administrative remedies such as denial or revocation of City permits and licenses, criminal court proceedings, and/or action for an injunction or other court order directing elimination of the violation. An administrative fee of $75 will be assessed for a 1st offense violation that is not abated by the reinspection date. All subsequent violations cited under the same code section will be assessed a $78 administrative fee. If you wish to discuss any aspect of this order, please call me at 319-356-5118. Sincerely, Matt Wagner HOUSING INSPECTOR ASSISTANT cm viol.ro Mar S, 2©19 at 2:48:31 PM E-1 -L-L --Z!Mft 14 Mar 11, 2019 at 2:36:46 P il = 1 Al ¢U r 7Hn.� oa win l M1J6 AIt �1GW e. p ll t a w� a Mar 11, 2019 at 2:3+6:57 P -WINE', vcl,�. ;�4`� File 17 IV re rb % k �SJf 1■1 Mw v. r� s ai < n Mar 12, 2019 at 11:55:39 A ar 12, 2019 at 11:55:56 A Mar 12, 2019 at 11:56:02 AM Rq Fee", 1 4i ..gin,. m vim,. '"&�1+II�IIIM�i' ag• i 'III r t- Yo� y� 4 QF,yW,., f4 WIts¢';Mar 12, 2019 at 11:5616 AM Kellie Fruehling From: Matthew J. Wagner Sent: w da , arc To: 'Big Ten Property Management LLC' Cc: 'Joseph T. Moreland'; Sue Dulek; Council; Stan Laverman Subject: RE: 408 N Dubuque St Attachments: govregl8881.pdf, IMG_4387.JPG; IMG_4486.JPG; IMG _4487.JPG; IMG _4488.JPG; IMG_ 4521.JPG; IMG_4522.JPG; IMG_4523.JPG; IMG_4524.1PG; IMG_4525.JPG; NOTICE OF VIOLATION 408 N DUBUQUE ST COM19_00738.pdf Big Ten Property Management, I have been working on bringing your property into compliance since 3/8/19 at 14:50. 1 have spoken with the tenants in person 3/8/19 and 3/11/19 and made it clear what needed to be done to resolve the trash issues. Unable to gain compliance with your tenants I have reached out to you and given you as the property owner well over 24 hours to correct the issues. Attached you will find photographs, a pdf notice of violation, and a pdf named govreg18881 with a time stamped workflow of my actions on this case. Thanks, Matt Wagner Iowa City Housing Insp Asst. 319-356-5118 From: Big Ten Property Management LLC [mailto:rentals@bigteniowacity.com] Sent: Tuesday, March 12, 2019 1:14 PM To: Matthew J. Wagner <Matt-Wagner@iowa-city.org> Cc:'Joseph T. Moreland' <moreland@hmsblaw.com>; Sue Dulek <Sue-Dulek@iowa-city.org>; Council <Council@iowa- city.org> Subject: RE: 408 N Dubuque St Importance: High Matt So you email our office this morning at 9am to ask us to ask the Tenants to clean this up which we email them right away at loam this morning to ask them to comply and CC you on it. And then at 12:41 today you decide to issue a Notice of Violation on the property less than 4 hours after your email to us because the Tenants have not cleaned anything up within a 4 hour window?? This is not the normal process with the City of Iowa City and if it is then it needs to be address the City has to allow for a 24 hour correction period per the ordinance if we have read it correctly? If you would like to meet the Tenants at the property you have their email addresses you can contact them not cite the property owner for the Tenants actions. Respectfully, Big Ten Property Management LLC MAIL: PO Box 1490 Iowa City, IA 52244 OFFICE: 250 12th Avenue Ste 150 Coralville IA 52241 Phone: (319) 354-0028 Fax: (319) 354-0921 Email: rentals(cD-BigTenlowaCity.com Website: www.BigTenlowaCity.com Owner is an Iowa Real Estate Broker *All lease pricing, terms and conditions can change at anytime prior to lease execution without notice. This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510- 2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then please delete it. Thank you From: Matthew J. Wagner [mai Ito: Matt -Wag ner@0iowa-city.org] Sent: Tuesday, March 12, 2019 12:41 PM To: 'Big Ten Property Management LLC' Subject: RE: 408 N Dubuque St Big Ten Property Management, Attached you will find a pdf notice of violation. Does not appear any of the trash made it to the curb for pickup today. Please let me know if you have any questions. Thanks, Matt Wagner Iowa City Housing Insp Asst. 319-356-5118 From: Big Ten Property Management LLC [mailto:rentals@bigteniowacity.com] Sent: Tuesday, March 12, 2019 10:06 AM To:'Big Ten Property Management LLC' <rentals(a@bigteniowacitv.com> Cc: Matthew J. Wagner <Matt-Wagner@iowa-city.or8>; filepore98@gmail.com; iason-heeeaard@uiowa.edu; drew.walz@vahoo.com; mattwnek27@gmail.com Subject: FW: 408 N Dubuque St Importance: High 408 North Dubuque Street Tenants We know it has been a cold winter however the City of Iowa City has contacted us here is there email and photos. Per your lease you are not allowed to have garbage all over the exterior of your rental. Please get this out of there today per the City's request or you could be fined by the City of Iowa City and create problems with them that you do not want. If you have any questions please feel free to call Matt Wagner at the City of Iowa City in the housing department he will be happy to discuss this with you and meet you onsite if you need him too his number is 319-356-5118 and we have CC'd him on this email. 2 Please take care of this today its garbage day so you should have it all out at the curb now! Thank you • ' 110 • liIks• - MAIL: PO Box 1490 Iowa City, IA 52244 OFFICE: 250 12' Avenue Ste 150 Coralville IA 52241 Phone: (319) 354-0028 Fax: (319) 354-0921 Email: rentals(D_BigTenlowaCity.com Website: www.BigTenlowaCity.com Owner is an Iowa Real Estate Broker *AII lease pricing, terms and conditions can change at anytime prior to lease execution without notice. This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510- 2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then please delete it. Thank you From: Matthew J. Wagner [mailto:Matt-Wagner@iowa-city.org] Sent: Tuesday, March 12, 2019 9:31 AM To: 'rentals@bigteniowacity.com' Subject: 408 N Dubuque St Big Ten Property Management, Will you please follow up with the tenants at 408 N. Dubuque St. regarding the bags of trash around the property? I was at the property March 8th / March 11th and each visit spoke with a tenant at the door. I spoke with tenant Drew yesterday and let him know bags of trash needed picked up and disposed of properly on trash day 3/12/19. Please let me know if you have any questions. Thanks, Matt Wagner Iowa City Housing Insp Asst. 319-356-5118 M The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. Virus -free. www.avast.com l A � � X � , � � � , ' � r �l _� ���� w���-. ���; .,,. .. �,..-�,.�s —,. Mar 12, 2019 at 11:66:62 A { h pn1 Mar 12, 2019 at 11:66:62 A n✓"� It % `A .t ;: w�i .�.^ r. • r ' x a � R i �4 v' r� 1 ■ All �w - m JS w � z Mar 12, 2019 at 11:56:16 AM •�y � � Ilio � J IMP A.� li Mar 12, 2019 at 11:56.16 A Edit/Add Request Information Add/Edit Request Assigned to: Matt Wagner Last name: 515 Ca�r:6 Raqwst: 18881 Entered on: 03N8/2019 2:50 PM to isa—p items bNoa) Cusromaftrrformalson Create ammmer request for customer First name: Wagner Phone:tANphone: r Chy:r state: F— Zip coder -- `Topic: ;Trash Complaints Requed type: jProblem � Entered via: i IPhons — Problem Location: 08 N Dubuque St • t7 other nsaoMs at this bcetignl Tidemark Id: COM19-00738 Tidemark Parcel: 101D282009 Attachments: Description: Reason closed: Due Date: 03/14/2019 Leave blank for automatic calculation 9: Added Internal Information Matt Wagner will monitor for 6 months 03/12/2019 12:43 PM a- mems mat are marKea as Jena to l usiomer wnen uioseo, are Update & Esit Update C Cancel _..i Collaboration Area (Internal notes, email correspondence) e: Added Internal Information Matt Wagner notice of violation sent by email (rentalsOblgtenlowaclty.com) and us mall. check back 3/14/19 03/12/2019 12:42 PM Pagel of 3 Print Audit Trail Long form Insert Reason Closed: int (SeleG masspe from NsQ -� https:Huser.govoutreach.com/iowacityialeditcase.php?cmd=edit&id=4321765&pagewhend... 3/12/2019 Edit/Add Request Information 7: Added internal information From: Matthew J. Wagner Matt Wagner Sent: Tuesday, March 12, 2019 12:41 PM 03/12/2019 12:41 PM To: 'Big Ten Property Management LLC' < rentalsmbigtaniowacity.com> Subject: RE: 408 N Dubuque St Big Ten Property Management, Attached you will find a pdf notice of violation. Does not appear any of the trash made it to the curb for pickup today. Please let me know'd you have any questions. Thanks, Matt Wagner Iowa City Housing Insp Asst. 319-356-5118 6: Added Internal Information Matt Wagner bags of trash have not yet been picked up. trash collection appears to have already been by today, plcs were taken of property 03/12/201912:18 PM Page 2 of 3 From: Big Ten Property Management LLC [mailto:rentals@bigteniowacity.comj Sent: Tuesday, March 12, 2019 10:06 AM TO: 'Big Ten Property Management LLC' < rentalsCoblgteniowacity.com> Cc: Matthew J. Wagner <Matt-Wagner0lowa-city.org>; fjlepore98Cmgmall.com; Jason-heegaardL�uiowa.edu; drew.walzPyahoo.com; mattwnek270)gmail.com Subject: FW: 408 N Dubuque St Importance: High 408 North Dubuque Street Tenants We know It has been a cold winter however the City of Iowa City has contacted us here Is there email and photos. Per your lease you are not allowed to have garbage all over the exterior of your rental. Please get this out of there today per the City's request or you could be fined by the City of Iowa City and create problems with them that you do not want. If you have any questions please feel free to call Matt Wagner at the City of Iowa City in the housing department he will be happy to discuss this with you and meet you onsite If you need him too his number is 319-356-5118 and we have CC'd him on this email. Please take care of this today Its garbage day so you should have it all out at the curb now! 'All lease pricing, terms and conditions can change at anytime prior to lease execution without notice This e-mail, including attachments, Is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, Is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then please delete it. Thank you From: Matthew J. Wagner [mailto:Matt-WagnerCalowa-city.orgj Sent Tuesday, March 12, 2019 9:31 AM To: 'rentals&bigteniowaclty.com' Subject: 408 N Dubuque St Big Ten Property Management, Will you please fallow up with the tenants at 408 N. Dubuque St. regarding the bags of trash around the property? I was at the property March 8th / March I 1 th and each visit spoke with a tenant at the door. I spoke with tenant Drew yesterday and let him know bags of trash needed picked up and disposed of properly on trash day 3/12119. Please let me know If you have any questions. Thanks, Matt Wagner Iowa City Housing Insp Asst. 319-356-5118 Disclaimer The information contained In this communication from the sender Is confidential. It Is Intended solely for use by the recipient and others authorized to receive It. IF you are not the reciplent, you are hereby notified that any disclosure, copying, distribution or taking action In relation of the contents of this Information Is strictly prohibited and may be unlawful. 4: Added Internal Information Matt Wagner From: Matthew J. Wagner 03/12/2019 09:33 AM Sent: Tuesday, March 12, 2019 9:31 AM To: entals9blgteniowacity.com' <rentals@blgtenlowacity.com> Subject: 408 N Dubuque St Big Ten Property Management, WIII you please follow up with the tenants at 408 N. Dubuque St. regarding the bags of trash around the property? I was at the property March 8th / March 11th and each visit spoke with a tenant at the door. I spoke with tenant Drew yesterday and let him know bags of trash needed picked up and disposed of properly on trash day 3/12/19. Please let me know If you have any questions. https:Huser.govoutreach.com/iowacityialeditcase.php?cmd=edit&id=4321765&pagewhend... 3/12/2019 Thank you Big Ten Property Management LLC MAIL: PO Box 1490 Iowa City, IA 52244 OFFICE: 2S0 12th Avenue Ste 150 Coralvllle IA 52241 Phone: (319) 354-0028 Fax: (31 9) 354-0921 5: Added Internal Information Email rentalsC BlgTenlowaClty.com www.BiliTenlowaCity.com Matt WagnerWebsite: 03/12/2019 12:16 PM Owner is an Iowa Real Estate Broker 'All lease pricing, terms and conditions can change at anytime prior to lease execution without notice This e-mail, including attachments, Is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, Is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then please delete it. Thank you From: Matthew J. Wagner [mailto:Matt-WagnerCalowa-city.orgj Sent Tuesday, March 12, 2019 9:31 AM To: 'rentals&bigteniowaclty.com' Subject: 408 N Dubuque St Big Ten Property Management, Will you please fallow up with the tenants at 408 N. Dubuque St. regarding the bags of trash around the property? I was at the property March 8th / March I 1 th and each visit spoke with a tenant at the door. I spoke with tenant Drew yesterday and let him know bags of trash needed picked up and disposed of properly on trash day 3/12119. Please let me know If you have any questions. Thanks, Matt Wagner Iowa City Housing Insp Asst. 319-356-5118 Disclaimer The information contained In this communication from the sender Is confidential. It Is Intended solely for use by the recipient and others authorized to receive It. IF you are not the reciplent, you are hereby notified that any disclosure, copying, distribution or taking action In relation of the contents of this Information Is strictly prohibited and may be unlawful. 4: Added Internal Information Matt Wagner From: Matthew J. Wagner 03/12/2019 09:33 AM Sent: Tuesday, March 12, 2019 9:31 AM To: entals9blgteniowacity.com' <rentals@blgtenlowacity.com> Subject: 408 N Dubuque St Big Ten Property Management, WIII you please follow up with the tenants at 408 N. Dubuque St. regarding the bags of trash around the property? I was at the property March 8th / March 11th and each visit spoke with a tenant at the door. I spoke with tenant Drew yesterday and let him know bags of trash needed picked up and disposed of properly on trash day 3/12/19. Please let me know If you have any questions. https:Huser.govoutreach.com/iowacityialeditcase.php?cmd=edit&id=4321765&pagewhend... 3/12/2019 Edit/Add Request Information Thanks, Matt Wagner Iowa City Housing Insp Asst. 319-356-5116 3: Added Internal Information Matt Wagner asked drew to make sure bags of trash were removed tomorrow (rue) which Is trash day. 03/11/20192:46 PM 2: Added Internal Information Matt Wagner trash notice given to tenant drew today. pits were taken D3/1112019 2:39 PM I: Added Internal Information Matt Wagner notice given to male tenant - was told to store all trash Inside container with a Ild 03/08/2019 2:53 PM Page 3 of 3 To add notes or send emails about this Request, enter message below or insert message (Select message from IisU ,then press the appropriate button. --- n1t e., � e- a snq, tc the i --,c ,,the, —pl,— -- lhr.s ren—, enter y..ur —,—qe hese — 1—trah Ar.11— � Intl the hllrtons - the right 11;11 ennhle. Then r.rese cne :.f the hutt—. n Send 1 ii••rrn�xi Add In m.l Nnte Send to Emplayee(s)... https://user.govoutreach.comliowacityialeditcase.php?cmd=edit&id=4321765&pagewhend... 3/12/2019 a Mar 8, 2019 at 2:48:31 PM Mar 11, 2019 at 2:36:46 PM A o s w - Vol .— ... tm _ - Mar 11, 2019 at 2:36:57 PM A 'Awl— ML oc VF4 Ito zt-Z Mar 12. 2019 at 11:55:39 AM AWj )UlIII�1I� ,a Mar 12. 2019 at 11:55:45 Aft NOTICE OF VIOLATION DATE: March 12, 2019 TSB HOLDINGS LLC PO BOX 1490 IOWA CITY, IA 52244-1490 Case #: COM19-00738 Location of Violation: 408 N DUBUQUE ST CITY OF IOWA CITY Dear Property Owner: According to the records of the tax assessor, you are an owner of the above -referenced property. On 31812019, 1 observed an apparent violation of the Code of Ordinances of the City of Iowa City on your property. Type of Violation: 6-1-2A ACCUMULATION OF SOLID WASTE AND JUNK LOOSE TRASH / BAGS OF TRASH ON PROPERTY DATES OF VIOLATION - 3/8119, 3111/19, 3112119 Corrective Action Required: REFUSE, SOLID WASTE, AND GARBAGE ITEMS NEED TO BE REMOVED FROM ENTIRE PROPERTY. CONTINUING VIOLATIONS WILL RESULT IN LEGAL ACTION. A REINSPECTION WILL HAPPEN 3114/19. VIOLATION MUST BE ABATED ON OR BEFORE: 3/13/2019 If you believe that you are not In violation of the City Code, please contact this office to review the situation. If you Intend to bring the property Into compliance with the Code, but cannot meet the stated deadline, please contact this office and we Will attempt to work with you on a short extension. If you do not take the requested action or make other arrangements with this office by the speclfled date, we will begin formal enforcement action. You will not receive an additional warning before we begin formal enforcement action. Enforcement action may include civil penalties, administrative remedies such as denial or revocation or City penults and licenses, criminal court proceedings, and/or action for an Injunction or other court order directing elimination of the violation. An administrative fee of $75 will be assessed for a let offense violation that is not abated by the reinspection date. All subsequent violations cited under the same code section will be assessed a $75 administrative %a. If you wish to discuss any aspect of this order, please call me at 319-356-5118. Sincerely, -- &iWP--1--1 Matt Wagner HOUSING INSPECTOR ASSISTANT com viol.mt Kellie Fruehling From: Big Ten Property Management LLC <rentals@bigteniowacity.com> Sent: Tuesday, March 12, 2019 3:42 PM 71 z -I To: Matthew J. Wagner Cc: 'Joseph T. Moreland'; Sue Dulek; Council; Stan Laverman Subject: RE: 408 N Dubuque St Attachments: IMG_3176 jpg; IMG_3175 jpg; IMG_3174 jpg; IMG_3177 jpg; IMG_3178 jpg; IMG_ 3179 jpg; IMG_3180 jpg; IMG_3181 jpg; IMG_3182 jpg; IMG_3183 jpg; IMG_3184 jpg; IMG_3185 jpg; IMG_3186 jpg; Ruling 2-1-19.pdf Importance: High Matthew We were onsite today 3/12/2019 at 2:48pm and took the photos attached to this email at 408 N Dubuque Street Iowa City this matter has been corrected. We are emailing today to verify that the Notice of Violation has been corrected and that you will removed that Violation today. Additionally we would like to understand why the City of Iowa City is doing this citing property owners for Tenant caused matters without contacting the property owners this is not right nor is it fair to blame property owners for something they have zero control over. You personally did this exact same thing to our office on another property at 208 E Davenport Street we resolved the matter cleaned up the property and you still took our office to court. In that case the Judge stated "Mr. Barkalow may have a grievance, but this Court is not the proper forum for that grievance to be addressed." Clearly the Judge thinks we should file a grievance against you on this that should tell you something. The City of Iowa City needs to stop harassing Landlords for actions of a third party i.e. the "Tenants" the City of Iowa City cannot cite Landlords for Tenant caused issues without talking to the Landlord this is not reasonable nor is it fair to anyone involved. To the best of our knowledge Joan Siders has been dealing with this type of matter for years and has been very honest and fair with all parties in these types of matters you should take a lesson from her on how to treat people. With this said we demand that you remove the Notice of Violation for 408 North Dubuque Street or we will take further action with the courts and take this to district court if needed or higher to see that you stop harassing Landlords for Tenant caused issues. A simple email or call to our office would have corrected this matter within 24 hours as has happened in the past when Joan has called or emailed us. Respectfully, 1 Big Ten property Management LLC MAIL: PO Box 1490 Iowa City, IA 52244 OFFICE: 250 12th Avenue Ste 150 Coralville IA 52241 Phone: (319) 354-0028 Fax: (319) 354-0921 Email: rentals(a_BigTenlowaCity.com Website: www.Bi.TenlowaCity.com Owner is an Iowa Real Estate Broker *All lease pricing, terms and conditions can change at anytime prior to lease execution without notice This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510- 2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then please delete it. Thank you From: Matthew J. Wagner [mailto:Matt-Wagner@iowa-city.org] Sent: Tuesday, March 12, 2019 2:21 PM To: 'Big Ten Property Management LLC' Cc: 'Joseph T. Moreland; Sue Dulek; Council; Stan Laverman Subject: RE: 408 N Dubuque St Big Ten Property Management, I have been working on bringing your property into compliance since 3/8/19 at 14:50. 1 have spoken with the tenants in person 3/8/19 and 3/11/19 and made it clear what needed to be done to resolve the trash issues. Unable to gain compliance with your tenants I have reached out to you and given you as the property owner well over 24 hours to correct the issues. Attached you will find photographs, a pdf notice of violation, and a pdf named govreg18881 with a time stamped workflow of my actions on this case. Thanks, Matt Wagner Iowa City Housing Insp Asst. 319-356-5118 From: Big Ten Property Management LLC [mailto:rentals@bigteniowacity.com] Sent: Tuesday, March 12, 2019 1:14 PM To: Matthew J. Wagner <Matt-Wagner@iowa-city.org> Cc: 'Joseph T. Moreland' <moreland@hmsblaw.com>; Sue Dulek <Sue-Dulek@iowa-city.org>; Council <Council@iowa- city.org> Subject: RE: 408 N Dubuque St Importance: High Matt So you email our office this morning at gam to ask us to ask the Tenants to clean this up which we email them right away at loam this morning to ask them to comply and CC you on it. And then at 12:41 today you decide to issue a Notice of Violation on the property less than 4 hours after your email to us because the Tenants have not cleaned anything up within a 4 hour window?? This is not the 2 normal process with the City of Iowa City and if it is then it needs to be address the City has to allow for a 24 hour correction period per the ordinance if we have read it correctly? If you would like to meet the Tenants at the property you have their email addresses you can contact them not cite the property owner for the Tenants actions. Respectfully, Big Ten Property Management LLC MAIL: PO Box 1490 Iowa City, IA 52244 OFFICE: 250 12' Avenue Ste 150 Coralville IA 52241 Phone: (319) 354-0028 Fax: (319) 354-0921 Email: rentalsCcD-BigTenlowaCity.com Website: www.BigTenlowaCity.com Owner is an Iowa Real Estate Broker *All lease pricing, terms and conditions can change at anytime prior to lease execution without notice This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510- 2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then please delete it. Thank you From: Matthew J. Wagner [ma iIto: Matt -Wag ner(abiowa-city.org] Sent: Tuesday, March 12, 2019 12:41 PM To: 'Big Ten Property Management LLC' Subject: RE: 408 N Dubuque St Big Ten Property Management, Attached you will find a pdf notice of violation. Does not appear any of the trash made it to the curb for pickup today. Please let me know if you have any questions. Thanks, Matt Wagner Iowa City Housing Insp Asst. 319-356-5118 From: Big Ten Property Management LLC [mailto:rentals@bigteniowacity.com] Sent: Tuesday, March 12, 2019 10:06 AM To: 'Big Ten Property Management LLC' <rentals@bigteniowacity.com> Cc: Matthew J. Wagner <Matt-Wagner@iowa-city.org>; filepore98@gmail.com; iason-heegaard@uiowa.edu; drew.walz@vahoo.com; mattwnek27@gmail.com Subject: FW: 408 N Dubuque St Importance: High 408 North Dubuque Street Tenants 3 We know it has been a cold winter however the City of Iowa City has contacted us here is there email and photos. Per your lease you are not allowed to have garbage all over the exterior of your rental. Please get this out of there today per the City's request or you could be fined by the City of Iowa City and create problems with them that you do not want. If you have any questions please feel free to call Matt Wagner at the City of Iowa City in the housing department he will be happy to discuss this with you and meet you onsite if you need him too his number is 319-356-5118 and we have CC'd him on this email. Please take care of this today its garbage day so you should have it all out at the curb now! Thank you Big Ten Property Management LLC MAIL: PO Box 1490 Iowa City, IA 52244 OFFICE: 250 12th Avenue Ste 150 Coralville IA 52241 Phone: (319) 354-0028 Fax: (319) 354-0921 Email: rentals(cD-BigTenlowaCity.com Website: www.BigTenlowaCity.com Owner is an Iowa Real Estate Broker *All lease pricing, terms and conditions can change at anytime prior to lease execution without notice. This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510- 2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then please delete it. Thank you From: Matthew J. Wagner [mai Ito: Matt-Wagner@iowa-city.org] Sent: Tuesday, March 12, 2019 9:31 AM To: 'rentals@bigteniowacity.com' Subject: 408 N Dubuque St Big Ten Property Management, Will you please follow up with the tenants at 408 N. Dubuque St. regarding the bags of trash around the property? I was at the property March 8` / March 11th and each visit spoke with a tenant at the door. I spoke with tenant Drew yesterday and let him know bags of trash needed picked up and disposed of properly on trash day 3/12/19. Please let me know if you have any questions. Thanks, Matt Wagner Iowa City Housing Insp Asst. 319-356-5118 4 Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. Virus -free. www.avast.com 0 1Q a . F rF .10000", i i fly y, An P� 'u � t C 11 .� • „� wr -00 dw yp d F N r } 4 - a d II D WNW ^�,^_..... t 4 ,�.,r.. W"W .. a.. .� W/�" M' '"}' "r�4r" � � e �4 �! ,...r ,�N Fe�yy. tt N'.�" g..��" p, .. � � � t t Yn ��,�--;. y�Yn } I1 »Wi � I ��� �L�f. ! �� "�� � � m u� �� , ,'w_ E -FILED 2019 FEB 01 3:03 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY CITY OF IOWA CITY, Plaintiff, V. TSB HOLDINGS, LLC, Defendant. NO. ICCISCO94270 FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT ORDER This matter came on for hearing on January 28, 2019. The Defendant appeared by its owner, Tracy Barkalow, and its counsel, Joseph Moreland. The Plaintiff appeared by its Assistant City Attorney, Sue Dulek. The Defendant was cited for the municipal infraction of Accumulation of Solid Waste in violation of Iowa City Ordinance 6-1-2A. The Court took testimony from Matt Wagner, Housing Inspector for the City of Iowa City, and from Tracy Barkalow, Defendant's owner. The Court also admitted into evidence, by stipulation of counsel, Plaintiff's Exhibits 1— 11 and Defendant's Exhibits A — C. With one exception (whether the solid waste observed on December 4, 2018 was the same solid waste observed on November 19, 2018), there were no substantive facts in dispute. TSB Holdings, LLC is the owner of a multi -residential property located at 214 East Davenport Street in the City of Iowa City. On the property, there is a house that has been split up into multiple dwelling units, a parking area behind the house, and a shed/garage between the parking area and the alley that runs behind the property. There was a dumpster, intended for use by the tenants at 214 East Davenport Street as well as the tenants at 208 and 210 East Davenport Street, placed between the shed/garage and the alley. On September 11, 2018, there was a significant amount of solid waste and furniture overflowing from the dumpster and on the ground around the dumpster. Mr. Barkalow was notified by e-mail of the issue and the solid waste was cleaned up. On October 10, 2018, there was a significant amount of solid waste overflowing from the dumpster and on the ground around the dumpster. Mr. Barkalow was notified by voice -mail of the issue and the solid waste was cleaned up. On or about that time, Mr. Barkalow believed that the primary reason for the accumulation of solid waste was people that were not his tenants were dumping garbage in and around the dumpster. He moved the dumpster from near the alleyway to E -FILED 2019 FEB 01 3:03 PM JOHNSON - CLERK OF DISTRICT COURT a spot closer to the house on 210 East Davenport Street sometime between November 13 and November 19, 2018. On November 19 and 20, 2018 there was a significant amount of solid waste on the ground next to the shed/garage where the dumpster had been. At this point, a formal Notice of Violation was issued to TSB Holdings, LLC, through Mr. Barkalow, for a violation of Iowa City Ordinance 6- 1-2A, and TSB Holdings, LLC was given until November 27, 2018 to clean up the property. On December 4, 2018, there was a significant amount of solid waste on the ground next to the shed/garage where the dumpster had been. At this time a municipal infraction citation against TSB Holdings, LLC was issued and then served on TSB Holdings, LLC by certified mail on December 10, 2018. Sometime after December 19, 2018, the solid waste was cleaned up and Mr. Barkalow had cameras installed to monitor anyone that might continue to dump solid waste there. Since the installation of the cameras and up to the date of this hearing, there have not been issues with solid waste on the property at 214 East Davenport Street. While the City of Iowa City contended that the solid waste at the property on December 4, 2018 was the same solid waste observed on November 19, 2018 and Mr. Barkalow contended that he cleaned up the property between those two dates; a resolution of that factual dispute is not needed to determine whether there was a violation of Iowa City Ordinance 6-1-2A on December 4, 2018. The ordinance has no requirement that there be prior offenses, prior warnings, prior procedural steps, or passage of time while solid waste accumulates. An ordinance violation only requires that a person (or entity) "caus[e], permit[] or allow[] any refuse, solid waste, garbage, noxious substances, hazardous wastes, junk or salvage materials to be collected or remain in any place." There is no dispute, and consequently clear and convincing evidence, that there was solid waste allowed to remain on the property at 214 East Davenport Street on December 4, 2018. The Court recognizes the remedial steps taken by Mr. Barkalow and understands his position that his responsiveness should have delayed or avoided the issuance of a municipal infraction all together. But even if the Court agreed with that position as a matter of principle, it is not within the Court's purview (outside of due process or other constitutional infirmities) to determine how policies and ordinances are implemented by municipalities. Those policies and their implementation are left to the municipalities' elected officials and by extension the citizens who elect them. Mr. Barkalow may have a grievance, but this Court is not the proper forum for that grievance to be addressed. JUDGMENT The Court imposes a civil penalty against the Defendant of $250.00 plus court costs in the amount of $85.00; for a total amount due of $335.00 plus any additional fees for service. Defendant shall have thirty (30) days to pay the amounts due to the Clerk of Court. E-FILED 2019 FEB 01 3:03 PM JOHNSON - CLERK OF DISTRICT COURT It is the Court's understanding from the testimony that the solid waste issue had already been abated by the Defendant prior to the hearing so no further orders regarding abatement are entered. Bond on appeal is $275.00. E -FILED 2019 FEB 01 3:03 PM JOHNSON - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title ICCISCO94270 IOWA CITY V. TS13 HOLDINGS, LLC So Ordered ChaJ Thomas, Magis`-ate, Sixth Judicia` District of Iowa Chad Thomas, Magistrate, Sixth Judicial District of Iowa Electronically signed on 2019-02-01 15:03:11 page 4 of 4 Item Number: 6. + r • wln�r�� CITY Ok IOWA CITY www.icgov.org March 21, 2019 Email from Mark Signs: Rental Caps Legislation ATTACHMENTS: Description Email from Mark Signs: Rental Caps Legislation Kellie Fruehling From: Mark Signs <marksigns@ruhlhomes.com> Sent: Thursday, March 14, 2019 3:27 PM To: Hayes Monica; gavin@iowarealtors.com; john@johngoede.com; Kamps Mark; jen@iowarealtors.com; Carlton Jackson Cc: Sara Barron; McKinstry John; Geoff Fruin; Council Subject: RE: Rental Caps Legislation Good Afternoon! I have been following the progress on the Rental Caps bill discussion for a few weeks now. After this morning's email from ICAAR, I felt I needed to speak up for the record. I am a Realtor who opposes this bill. And for the record, I am also speaking on my own behalf and not on behalf of my company as a whole. First of all, it is absolutely a case - yet again - of the state Republicans slapping the hands of "liberal" Iowa City. Let's be very clear about this. It also flies in the face of the normal Republican mantra of always promoting home rule. To say it doesn't is totally mistaken. You have a handful of communities in Iowa whose citizens have elected city leaders to represent their views - and who are tasked with making policy that best meets the needs and desires of their individual communities - only to have the big hand of the State smack them down. The same was true when the state legislature took away the Familial Status rental rules from Iowa City a couple years ago. Totally partisan and totally anti -home rule! Having said that, I also believe that it is ill advised and truly detrimental to the Iowa City real estate market and Iowa City neighborhoods. First off, the rush of investors trying to scoop up every piece of property close to the University campus over the past decade has been a significant contributor to the rapidly -rising costs of real estate and land in Iowa City. The fact that an investor was willing to pay just about anything to purchase a single-family property that could then be chopped up into numerous high -rent student housing units has greatly impacted the market as a whole - very possibly to an unsustainable degree. More directly, it has driven the prices of single-family homes in the area up to the point that they are unattainable by many young families, single parent families, and first-time home buyers. It has certainly not done any favors for many of those wishing to achieve the American Dram of home ownership. Are the investors and landlords happy? You bet! And I understand that many real estate agents have investor clients. do too. And many Realtors are investors themselves. But we are burying our heads in the sand if we think we haven't contributed to the crisis of affordable home ownership in our market - and across the state - and to the decline of Iowa City's core neighborhoods. The racial and class divides in our community are also impacted by rising real estate prices and declining availability of affordable single-family homes. Again, we can not and should not pretend that we don't have a role in this. And taking away a community's ability to minimize or reverse these negative community impacts really only makes it worse. In my role as a board member with the Johnson County Affordable Housing Coalition, I have seen and heard some real horror stories from residents across our communities. Families, seniors, and people with disabilities are all disproportionately effected by the lack of affordable housing. Each and every year, the dream of home ownership becomes less and less achievable for many in our community. The other thing we see is the unsafe and unsanitary conditions many are forced to live in because they can't afford anything better - and because we have landlords who just don't care. If I believed that all landlords really cared about their tenants, I might think differently. But I have seen so much proof to the contrary - as have you all. I certainly don't believe that property rights should ever supersede human rights. But maybe that's just me? I know I am probably speaking to a brick wall on this issue, but I wanted you to know why I do not support the Rental Caps bill currently working its way through the Iowa Statehouse. And why I don't think the local and state Realtor Associations should either. If Realtors truly do value the right of ALL Americans - and Iowa Citians - to achieve the American Dream of safe, stable and affordable housing, this bill is absolutely detrimental to that goal. Most Sincerely, Mark Signs "The Big Guy" Mark A. Signs Manager, REALTOR® Remember... the greatest compliment you can give me is a referral to a friend, family member or business associate. Thanks! Ruhl&Ruhl .,7 n170P 1100 5th Street, Suite 201 Coralville, IA 52241 mark(M bioowhomes.com www.RuhiHomes.com Cell: 319-325-7750 Office: 319-351-7845 Licensed to sell real estate in the State of lova. Item Number: 7. + r • wln�r�� CITY Ok IOWA CITY www.icgov.org March 21, 2019 Bar Check Report - February, 2019 ATTACHMENTS: Description Bar ChecK Keport - February, 2019 Iowa City Police Department and University of Iowa DPS Bar Check Report - February, 2019 The purpose of the Bar Check Report is to track the performance of Iowa City liquor license establishments in monitoring their patrons for violations of Iowa City's ordinances on Possession of Alcohol Under the Legal Age (PAULA) and Persons Under the Legal Age in Licensed or Permitted Establishments (Under 21). Bar checks are defined by resolution as an officer -initiated check of a liquor establishment for PAULA or other alcohol related violations. This includes checks done as part of directed checks of designated liquor establishments, and checks initiated by officers as part of their routine duties. It does not include officer responses to calls for service. The bar check ratios are calculated by dividing the number of citations issued to the patrons at that establishment during the relevant period of time by the number of bar checks performed during the same period of time. The resulting PAULA ratio holds special significance to those establishments with exception certificates, entertainment venue status, or split venues, in that they risk losing their special status if at any time their PAULA ratio exceeds .25 for the trailing 12 months. Note, while the resolution requires that bar checks and citations of the University of Iowa Department of Public Safety (DPS) be included in these statistics, the DPS ceased performing bar checks and issuing these citations to patrons in Mav of 2014. IBusiness Name Previous 12 Months Top 10 Under 21 Citations PAULA Citations Visits Citations Ratio Business Name Visits Citations Summit. [The] 78 58 0.7435897 Bo -James 32 32 Martini's 43 31 07209302 Vine Tavern, [The] 12 8 Sports Column 46 33 0.7173913 Fieldhouse 53 24 Bo -James 32 20 0.6250000 Summit. [The] 78 29 Vine Tavern, [The] 12 7 0.5833333 Union Bar 60 21 Pints 15 8 0.5333333 Airliner 42 13 Union Bar 60 27 0.4500000 Sports Column 46 9 Airliner 42 17 0.4047619 Eden Lounge 36 7 Fieldhouse 53 18 0.3396226 Martini's 43 6 DC's 30 9 0.3000000 DC's 30 3 Blue Moose- 10 1 Only those establishments with at least 10 bar checks are listed in the chart above. Current Month Top 10 Under 21 Citations _ PAULA Citations Ratio 1.0000000 0.6666667 0.4528302 0.3717949 0.3500000 0.3095238 0.1956522 0.1944444 0.1395349 0.1000000 0.1000000 Business Name Visits--- Citations Ratio Business Name _ _ _ Visits_ Citations Rati Sports Column 4 8 2.0000000 Bo -James 7 6 0.85714 Summit. [The] 10 10 1.0000000 Fieldhouse 5 2 0.40000 Union Bar 6 5 0.8333333 Bo -James 7 5 0.7142857 Eden Lounge 3 2 0.6666667 Fieldhouse 5 3 0.6000000 Vine Tavern, [The] 4 2 0.5000000 Brothers Bar & Grill, [It's] 6 1 0.1666667 exception to 21 ordinance Page 1 of 6 exception to 21 ordinance Page 2 of 6 Business Name Monthly Totals Bar Under2l PAULA Checks Prev 12 Month Totals Bar Under2l PAULA Checks Under2l PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) 2 Dogs Pub 1 0 0 3 0 0 0 0 Airliner 5 0 0 42 17 13 0.404762 0.309524 American Legion 2 0 0 3 0 0 0 0 Apres Wine Bar & Bistro 0 0 0 1 0 0 0 0 Bardot Iowa 0 0 0 1 2 0 2 0 Baroncini— 0 0 0 Basta 0 0 0 Big Grove Brewery 0 0 0 4 0 0 0 0 Blackstone— 1 0 0 1 0 0 0 0 Blue Moose— 0 0 0 10 0 1 0 0.1 Bluebird Diner 0 0 0 Bo -James 7 5 6 32 20 32 0 625 1 Bread Garden Market & Bakery 0 0 0 Brothers Bar & Grill, [It's] 6 1 0 64 10 4 0.15625 0.0625 Buffalo Wild Wings Grill & Bar— 0 0 0 Cactus 2 Mexican Grill (314 E Burlington) 0 0 0 1 0 7 0 7 Cactus Mexican Grill (245 s. Gilbert) 0 0 0 2 0 0 0 0 Caliente Night Club 0 0 0 Carl & Ernie's Pub & Grill 0 0 0 1 0 0 0 0 Carlos O'Kelly's— 0 0 0 Chipotle Mexican Grill 0 0 0 Clarion Highlander Hotel 0 0 0 Clinton St Social Club 0 0 0 Club Car, [The] 0 0 0 2 0 0 0 0 Coach's Corner 0 0 0 Colonial Lanes— 0 0 0 Dave's Foxhead Tavern 1 0 0 1 0 0 0 0 DC's 3 0 0 30 9 3 0.3 0.1 Deadwood, [The] 0 0 0 Donnelly's Pub 0 0 0 3 0 0 0 0 Dublin Underground, [The] 0 0 0 3 1 0 0.333333 0 — exception to 21 ordinance Page 3 of 6 Business Name Eagle's, [Fraternal Order of] Eden Lounge EI Banditos EI Cactus Mexican Cuisine EI Dorado Mexican Restaurant EI Patron EI Ranchero Mexican Restaurant Elks #590, [BPO] Englert Theatre— Estelas Fresh Mex Fieldhouse FilmScene First Avenue Club— Formosa Asian Cuisine— Gabes— George's Buffet Givanni's— Graze— Grizzly's South Side Pub Hatchet Jack's Hilltop Lounge, [The] Howling Dogs Bistro India Cafe Iowa City Brewlab Jimmy Jack's Rib Shack Jobsite Joe's Place Joseph's Steak House— Los Portales Martini's Masala Mekong Restaurant— Monthly Totals Bar Checks Under2l PAULA Prev 12 Month Totals Checks Bar Under2l PAULA 0 0 0 3 2 0 36 3 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 5 3 2 53 18 24 0 0 0 0 0 0 4 0 0 0 i 0 0 1 0 0 0 3 0 0 2 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 2 0 0 3 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 0 0 2 0 1 0 10 0 0 0 0 0 0 0 0 3 0 0 43 31 6 0 0 0 0 0 0 Under2l PAULA Ratio Ratio (Prev 12 Mo) I (Prev 12 Mo) 0.083333 1 0.194444 0 0 0339623 0.452830 0 0 0 0 0 0 0 0 0 0 0 0 0.720930 0.139535 — exception to 21 ordinance Page 4 of 6 Business Name Monthly Totals Bar Under2l PAULA Checks Prev 12 Month Totals Bar Under2l PAULA Checks Under2l PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) Micky's— 0 0 0 Mill Restaurant, [The]— 1 0 0 2 0 0 0 0 Moose, [Loyal Order of] 0 0 0 Mosleys 0 0 0 Motley Cow Cafe 0 0 0 Noodles & Company— 0 0 0 Old Capitol Brew Works 0 0 0 One -Twenty -Six 0 0 0 Orchard Green Restaurant— 0 0 0 Oyama Sushi Japanese Restaurant 0 0 0 Pagliai's Pizza— 0 0 0 Panchero's (Clinton St)— 0 0 0 Panchero's Grill (Riverside Dr)— 0 0 0 Pints 0 0 0 15 8 0 0.533333 0 Pit Smokehouse 0 0 0 Pizza Arcade 0 0 0 Pizza Hut— 0 0 0 Quinton's Bar & Deli 0 0 0 2 0 0 0 0 Ridge Pub 0 0 0 Riverside Theatre— 0 0 0 Saloon— 0 0 0 1 0 0 0 0 Sam's Pizza 0 0 0 Sanctuary Restaurant, [The] 0 0 0 Shakespeare's 2 0 0 2 0 0 0 0 Sheraton 0 0 0 Short's Burger & Shine— 0 0 0 Short's Burger Eastside 0 0 0 Sonnys Tap 0 0 0 3 0 0 0 0 Sports Column 4 8 0 46 33 9 0.717391 0.195652 Studio 13 0 0 0 1 0 0 0 0 Summit. [The] 10 10 0 78 58 29 0.74359 0.371795 Sushi Popo 0 0 0 exception to 21 ordinance Page 5 of 6 Business Name Monthly Totals Bar Under2l PAULA Checks Prev 12 Month Totals Bar Under2l PAULA Checks Under 21 PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) Szechuan House 0 0 0 otals 8 164 Takanami Restaurant— 0 0 0 TCB 1 0 0 7 0 0 0 0 Thai Flavors 0 0 0 Thai Spice 0 0 0 Times Club @ Prairie Lights 0 0 0 Trumpet Blossom Cafe 0 0 0 Union Bar 6 5 0 60 27 21 0.45 0.35 VFW Post #3949 0 0 0 Vine Tavern, [The] 4 2 0 12 7 8 0.583333 0.666667 Wig & Pen Pizza Pub- 0 0 0 Yacht Club, [Iowa City]- 0 0 0 Yen Ching 0 0 0 Z'Mariks Noodle House 0 0 0 Off Premise Grand 1 Monthly Totals Prev 12 Month Totals Under2l PAULA Bar Under2l PAULA Bar Under2l PAULA Ratio Ratio Checks Checks (Prev 12 Mo) (Prev 12 Mo) Totals 71 0 36 0 8 0 593 0 1 244 0 164 0 0.411467 0 0.27656 0 otals 8 164 exception to 21 ordinance Page 6 of 6 Item Number: 8. + r .®Oa • wln�r�� CITY Ok 10WA CITY www.icgov.org March 21, 2019 ECICOG: Garbage Grapevine - March 2019 ATTACHMENTS: Description ECICOG: Garbage Grapevine - March 2019 Julie Voparil From: Sent: To: Subject: Sent from my iPhone Begin forwarded message: Kellie Fruehling Wednesday, March 20, 2019 12:50 PM Julie Voparil Fwd: Garbage Grapevine - March 2019 From: ECICOG <alicia.presto @ecicog.ore> Date: March 20, 2019 at 4:02:21 AM HST To: council@iowa-city.org Subject: Garbage Grapevine - March 2019 Reply -To: aIicia.presto @ecicoe.or� ECI /% M+ ARCH 2+019 Reading Program Available in Benton, Iowa, Jones, and Tama County The 2019 ECICOG Summer Reading Program is currently available to schedule at libraries in Benton, ECIC Iowa, Jones, and Tama County. The program will feature the book The Snail and the Whale by Julia SUMMER READING Donaldson and Axel Scheftter. PROGRAM The theme is small actions make a big impact! The program will focus on recycling correctly to reduce 219 contamination in curbside and drop-off recycling programs. Participating libraries will receive a free 11 is hardcover copy of the book for all their readers to enjoy. Featuring The Snall and the Whale [y Julia Donaldson armlAulScberfler To provide the reading program, ECICOG is partnering Theprogromwillfocucon with the Green Iowa AmeriCorps program based in ID recgclingcorrectlyto Cedar Rapids. Contact Mikaela and Logan at (319) 200- reducecontamlaatlon 2786 or geeniowacr@ mq ail.com to schedule a program at your library. This program is sponsored by the local solid waste ilr prpr°m 4 rw10W Mw sr<Mpr "y l°. Go commission. For more information, contact Alicia Presto at alicia.presto@ecicoq.org or (319) 365-9941 ext. 121. The Impacts of China's Green Sword in Iowa The Iowa Recycling Association asked professionals in Iowa's recycling industry how China's Green Sword is impacting their operations. If you're interested in how the restrictions are impacting you locally, you can read the responses in this recent newsletter. Grant Opportunities Solid Waste Alternatives Program provides up to $10,000 in grant funds to complete waste and recycling projects. Costs that exceed $10,000 are a zero or low interest loan. Applications are accepted January 2 and July 1. Derelict Building Program provides funds to cities and counties with a population of 10,000 or less to deconstruct or renovate dilapidated structures. Applications are accepted February 21. Environmental Management System (EMS) Grant Program provides funds to complete projects related to a landfill's EMS targets. A landfill must be a participant in the EMS program. RECYCLIN.r A S S O C I A T 1 O N Waste and Recycling in the News This article from Waste Dive highlights the challenges faced by small cities with curbside recycling service. The rising costs have forced some cities to drop or drastically change their recycling programs. This article from the Huffington Post explores the movement to fix rather than dispose of broken items to reduce waste. Electronics and appliances can be especially challenging due to design and legal restrictions. This article from GreenBiz provides a snapshot of one organization's simple strategies to reduce food waste. The individual impact may seem small, but businesses and organizations collectively reducing food waste can result in a major impact! Office Supplies Available Free pens and vertical file folders are currently available through the Iowa Waste Exchange. Local governments, libraries, schools, and non-profit organizations are eligible to receive materials. If you're interested, please contact Alicia Presto at Alicia prestoCQ7ecico or or (319) 365-9941 ext. 121. Crayola Color Cycle Marker Recycling Program Have you ever thought about the discolored or dried -out markers that are regularly disposed of at schools, daycares, camps, and other children programs? Crayola provides a free, mail -in recycling program for schools to recycle all brands of plastics markers including highlighters and dry erase markers. If you're not with a school, check locally. Your school may not be aware of the program or may be interested in partnering to increase the amount collected and recycled. More information is available on the Color Cycle website. Solid Waste and Recycling Assistance I Staff Contacts Jennifer Fencl The East Central Iowa Council of Governments (ECICOG) can provide assistance in grant writing for waste and recycling projects; hauling service contracts; waste and recycling education; etc. Local governments in Benton, Iowa, Jones, and Tama County are eligible to receive this assistance due to the support of their local solid waste management commission. For more information, visit our website. About this Newsletter Environmental Services Director iennifer.fencl(cbecicog.org (319) 365-9941 ext. 131 Alicia Presto Planner and Resource Specialist alicia.presto ecicoa.orA (319) 365-9941 ext. 121 The Garbage Grapevine is a bi-monthly newsletter about waste and recycling in Benton, Iowa, Jones, and Tama County, which are members of the East Central Iowa Council of Governments Solid Waste Planning Area. If your community has news to share or would like to learn more about different topics, please contact us! EC1Cq4ft1V6 FAST CENTRAL IOWA COUNCIL OF GOVER1141M S YOM RCGK*44 KA"" AGMCY ECICOG 1 700 16th Street, NE, Suite 301, Cedar Rapids, IA 52402 Unsubscribe council Iowa-city.ora Update Profile I About our service provider Sent by alicia.presto@ecicog.org in collaboration with Coroftwer1w 0 "a '` Try it free today Item Number: 9. + r .®Oa • wln�r�� CITY Ok 10WA CITY www.icgov.org March 21, 2019 Civil Service Entrance Examination: Housing Office Manager ATTACHMENTS: Description Civil Service Entrance Examination: Housing Office Manager � r pP i �'•y Il.III �i CITY OF IOWA CITY IIIAR 1 2019 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX i'vww. icgov. org March 15, 2019 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Housing Office Manager Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Housing Office Manager. Jennifer Goesch IOWA CITY CIVIL SERVICE COMMISSION Rick ss, Chair Item Number: 10. + r ., .®Oa • wln�r�� CITY Ok 10WA CITY www.icgov.org March 21, 2019 Civil Service Entrance Examination: Maintenance Operator - Wastewater ATTACHMENTS: Description Civil Service Entrance Examination: Maintenance Operator - Wastewater CITY OF IOWA CITY 410 East Washington Street tJ r, Iowa City, Iowa 52240-1826 f (3 19) 356-5000 (3 19) 356-5009 FAX www,Icgov.org March 15, 2019 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Maintenance Operator — Wastewater Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Maintenance Operator — Wastewater. Bradley Herrig IOWA CITY CIVIL SERVICE COMMISSION Rick Wyss, Chair Item Number: 11. + r • wln�r�� CITY Ok IOWA CITY www.icgov.org March 21, 2019 Civil Service Entrance Examination: Maintenance Worker I - Water Customer Service ATTACHMENTS: Description Civil Service Entrance Examination: Maintenance Worker I - Water Customer Service I r 1 -, LIAR 1 2019 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.lcgov.org March 15, 2019 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Maintenance Worker I — Water Customer Service Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Maintenance Worker I — Water Customer Service. Cody Krenz IOWA CITY CIVIL SERVICE COMMISSION Rick Wy s, Chair Item Number: 12. + r ., .®Oa • wln�r�� CITY Ok IOWA CITY www.icgov.org March 21, 2019 Community Police Review Board, March 12 ATTACHMENTS: Description Community Police Keview Board, March 12 DRAFT COMMUNITY POLICE REVIEW BOARD MINUTES — March 12, 2019 CALL TO ORDER: Chair King called the meeting to order at 5:35 p.m. MEMBERS PRESENT.• Monique Galpin, Latisha McDaniel, David Selmer, Orville Townsend MEMBERS ABSENT: STAFF PRESENT: Staff Chris Olney, Legal Counsel Patrick Ford STAFF ABSENT: OTHERS PRESENT: Iowa City Police Capt. Brotherton RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR Motion by Townsend, seconded by Galpin, to adopt the consent calendar as presented or amended. • Minutes of the meeting on 02/20/19 Motion carried, 5/0. NEW BUSINESS City Council Liaison proposal — The subcommittee of Townsend and McDaniel met with Legal Counsel to prepare a draft proposal, which will be available in the next meeting packet for the Board to review and discuss. OLD BUSINESS Community Forum Discussion — King stated that the Community Forum flyers were completed and available for members to distribute, Olney added that the 1 st general news release will be sent out on March 25th. Proposed Ordinance Change Discussion - King informed the Board that the Ordinance change was being voted on for final passage at the March 12th Council meeting. Olney stated that when approved a copy of the Ordinance and transcription will be included in the next CPRB packet. PUBLIC DISCUSSION None. BOARD INFORMATION King reminded Board Members of the attendance policy and the importance of having all members present. STAFF INFORMATION None TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to chance) • April 9, 2019, 5.30 PM, Helling Conference Rm • April 29, 2019, 6:00 PM, IC Library Meeting Rm A (Community Forum) CPRB March 12, 2019 Page 2 • May 14, 2019, 5:30 PM, Helling Conference Rm • June 11, 2019, 5:30 PM, Helling Conference Rm • July 9, 2019, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by Galpin, seconded by Townsend. Motion carried, 5/0. Meeting adjourned at 5:44 P.M. DRAFT COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2018-2019 IMPatina notal KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member TERM 4/17/18 4!23/18 5/8/18 6/12/18 7/23/18 8/21/18 9/11/18v 10/9/18 11/13/18 12/11/18 1/8/19 2/20/19 3/12/19 NAME EXP. Donald 7/1/19 X X X X X X X O X X X X King X Monique 7/1/20 X X X X X X X X XX X X Galpin X Orville 7/1/20 X X X X X X X X X X X X Townsend X Latisha 7/1/21 ------ ----- ---- ------ ----- ----- ------ X O X X O McDaniel X Royceann 7/1/21 X O/E X O/E ----- _____ -__-_ orter ------- ----- ---- David 7/1/21 X X X X X O X O X O X O Selmer X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member Item Number: 13. + r .®Oa • wln�r�� CITY Ok IOWA CITY www.icgov.org March 21, 2019 Planning and Zoning Commission: March 7 ATTACHMENTS: Description Planning ano Zoning Commission: March 7 MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION MA RC H 7, 2 01 9 — 7:00 PM — FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs MEMBERS ABSENT: Billie Townsend STAFF PRESENT: Sara Hektoen, Kent Ralston, Anne Russett, Danielle Sitzman OTHERS PRESENT: Jimmy Becker, Jason Friedman, Deb Heiken, Jon Dentel, Marcial Utalo, Donna Davis, Claudio Narcio, Margarita Baltazar, Paula Giudici, Rafael Morataya, Margarita Rodriguez, RECOMMENDATIONS TO CITY COUNCIL: By a vote of 6-0 the Commission recommends adoption of CPA18-00002, an application to amend the North District Plan land use map from Multi -Family Residential (8-13 dwelling units per acre) to Low -Medium Mixed Residential (8-13 du/ac) for approximately 24 acres and from Low -Medium Mixed Residential (8-13 du/ac) to Multi -Family Residential (8-13 du/ac) for approximately 24 acres. By a vote of 4-2 (Baker and Martin dissenting) the Commission recommends approval of REZ18- 00013 and SUB18-00006, an application for a Sensitive Areas Development Plan and rezoning of approximately 73.15 acres of land from Interim Development -Low Density Single -Family (ID - RS) zone, Low Density Single -Family (RS -5) zone, Planned Development Overlay / High Density Single -Family Residential (OPD/RS-12) zone, and Low Density Multi -Family Residential (RM -12) zone to Planned Development Overlay / High Density Single -Family Residential (OPD/RS-12) zone for approximately 45.48 acres of property and Planned Development Overlay / Highway Commercial (OPD/CH-1) zone for approximately 23.83 acres of property; and a Sensitive Areas Development Plan. And an application for a preliminary plat for Forest View, a 73.15 -acre subdivision, to create 11 commercial lots, 4 multi -family lots, 60 single-family lots, and 9 outlots with the conditions outlined in the draft conditional zoning agreement including: Prior to the issuance of any building permit, the applicant execute an affordable housing agreement with the City that outlines the specifics of the relocation plan for the residents of Forest View. 2. On Lots 5-8, development shall be subject to the standards for Large Retail Uses, which calls for details and features that provide visual interest, reduce the perception of the mass of the building, provide attractive entrance features and quality materials. 3. On Lots 5-8, buildings shall be setback a minimum of 15 feet from Forest View Drive. 4. On Lots 9, 10, and 11 development shall be subject to the CN -1 zoning regulations. 5. On Lot 1-4 development shall be subject to the CN -1 zoning regulations with a few exceptions (e.g. build -to line standards; location of parking, loading, drives, and aisles; and drive-throughs.) 6. Development shall be subject to detailed design guidelines that address signage (including a master sign plan), building materials, and lighting. 7. Upon final plat approval, the owner execute a subdivider's agreement with the City that Planning and Zoning Commission March 7, 2019 Page 2 of 18 addresses, among other things, the need for annual certification of private storm water management systems to ensure that the systems will be properly maintained. 8. All single-family development shall have clearly defined main entrances identified by either a porch or a canopy, transom and sidelight windows, pilaster and pediment, or other architectural features; and that the main entrances of each dwelling unit must face the street. 9. Owner shall maintain a landscaped buffer between the proposed single-family, manufactured housing community and the existing single-family neighborhood. 10. Owner shall ensure a 40 -foot area along N. Dubuque Street remain unimpacted by the development. 11. One of the multifamily buildings is to be for senior housing 12. $100,000 dedicated by the owners for recreational equipment in Outlot D and Lot 49. This recommendation is contingent upon approval of the comprehensive plan amendment by City Council, evidence of ownership of all property to be developed, and confirmation of IDOT and FHWA approval of North Dubuque Street access. CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA. None. COMPREHENSIVE PLAN AMENDMENT (CPA18-00002): A public hearing on an application to amend the North District Plan land use map from Multi -Family Residential (8-13 dwelling units per acre) to Low -Medium Mixed Residential (8-13 du/ac) for approximately 24 acres and from Low -Medium Mixed Residential (8-13 du/ac) to Multi -Family Residential (8-13 du/ac) for approximately 24 acres. Russett stated the North District Plan was adopted in 2001, she showed a map of the area as adopted in 2001. In 2001 the area of the proposed Forest View Development was identified as appropriate for single family development and conservation design. The Plan also acknowledged the existing Forest View Mobile Home Park. In December 2016 the City received an application to amend the North District Plan for the Forest View Development. Based on what the development was proposing a Comprehensive Plan Amendment was needed due to the proposed changes in land uses from a lower density residential nature to commercial and higher density multifamily. Russett showed a map of the original concept the Plan amendment was based on, it had a hotel proposed along North Dubuque Street, a single family housing community proposed toward the center of the site and multifamily proposed toward the western edge of the site. In August of 2017 the City Council adopted an amendment to the North District Plan, this amendment changed the land use from low density residential to commercial along North Dubuque Street and 1-80 and low/medium mixed residential and multifamily (both at a density around 8-13 du/ac). The low/medium density residential was proposed at the center of the site and the multifamily to the west. Russett showed a map of the current future land use map as it was amended in 2017. The 2017 amendment also added several goals that generally address the relocation of the Forest View Mobile Home Park residents, the preservation of the scenic North Dubuque Street corridor, and also goals related to buffering commercial and Planning and Zoning Commission March 7, 2019 Page 3 of 18 multifamily development from existing single family residential. In February 2018 the City received an application for the proposed rezoning and preliminary plat which the Commission will be discussing later tonight, and over several months the applicants for the rezoning worked with City staff on the concept for Forest View. During those discussions staff recommended changes to the initial concept that was presented at the time of the 2017 Comprehensive Plan Amendment. These changes included moving the hotel further north and west on the site, further away from North Dubuque Street, which in turn resulted in moving the proposed single family further west and the multifamily toward the center of the site. Russett explained these revisions were suggested to create a better transition between the existing single family to the west and the proposed single family, multifamily and then most intensive commercial uses. Russett stated that due to the staff driven changes in the concept that was originally presented as part of the 2017 Comprehensive Plan Amendment, staff is now recommending an update to the future land use map to reflect these changes. Staff received an application from the applicant to modify the future land use map. Russett showed an exhibit that aligns the land use map with the current rezoning proposal. Russett reiterated the proposed amendment only adjusts the land use map, the amendment will carry forward the goals that were adopted in 2017 related to housing, transportation and scenic corridor goals and it will also more accurately reflect the current land use proposal. She noted when reviewing Comprehensive Plan Amendments there are two criteria that these amendments need to be reviewed against. The first is that circumstances have changed, and/or additional information or factors have come to light such that the proposed amendment is in the public interest. Russett stated additional factors came to light after the 2017 Plan amendment was adopted. Frist the location of the hotel was recommended to be moved away from North Dubuque Street to maintain that scenic corridor. The shift in the hotel resulted in it being located in close proximity to the proposed single family community which was a concern from staff and the applicant, therefore the single family was shifted further to the west. Russett noted the current proposal does provide better transition from single family to multifamily to commercial. The second criteria is the proposed amendment will be compatible with other policies in the Comprehensive Plan. Russett explained this amendment supports several goals within the North District Plan including providing opportunities for new housing development that compliments existing neighborhoods, retaining single family residential character, and locating higher density housing closer to commercial areas. In addition, in 2017 a goal was added related to multifamily residential created adjacent to the Mackinaw Village neighborhood that any multifamily must incorporate design standards (setbacks, woodland buffer, etc.) to maintain the livability of the Mackinaw Village corridor neighborhood and with the current proposal the multifamily is being shifted away so it is no longer adjacent to the Mackinaw Village neighborhood. Staff finds the proposed amendment meets the two criteria and recommends approval of the proposed amendment to the North District Plan land use map. Baker noted that up until 2017 the Comprehensive Plan noted this area for residential only for almost 15 years and asked if under that Plan could a planned area development have been made that would have accommodated higher density residential for the entire area. Russett stated not for the entire area. Baker asked if there was always a necessity that certain parts of the area could only be used for commercial. Russett noted that in the 2001 Plan certain areas could only be used for multifamily. Baker noted however based on the original Plan the whole area could have been a mix of single family and multifamily with no commercial. Russett confirmed that was the original Plan. Baker asked if any plans were submitted for higher density Planning and Zoning Commission March 7, 2019 Page 4 of 18 in that area over all those years. Russett is not aware of any applications. Baker acknowledged he is confused by this project because the concerns that lead to this recommended change should have been obvious even before the 2017 proposal was approved. The 2017 proposal was approved by staff, the Commission and the Council and now is coming back saying the hotel doesn't work in the original area and that should have been evident on the 2017 process. Russett explained that typically when looking at an amendment to the land use map there is not detailed concepts and it is more conceptual. Therefore once the applicant began working with staff on the concept in more detail and the rezoning process it is when more details emerged and it was felt the land uses needed to shift. Baker asked then what the possibility was for once they begin working on more details with this new land use map and amendment there would be more shifts and need to revisit. Russett does not anticipate any issues. Hensch opened the public hearing. Jimmy Becker (Blackbird Investments) is the representative of the ownership of North Dubuque, LLC and the co -applicant, Forest View Tenant Association. He stated that they are here to help the residents of Forest View experience the American dream and collaborate with the greater community to enhance connectivity, in all sense of the word. It is their hope to have the residents into their new homes before the next winter. As everyone knows this winter has been very unforgiving and has been especially challenging for the residents of Forest View. Becker acknowledged there are major milestones yet to be accomplished but requests for the Commission to approve the proposed Comprehensive Plan Amendment, the Sensitive Areas Development Plan, preliminary plat and rezoning of the overall site. He added they hope this decision can be achieved this evening. Becker stated that per the Commission's request and in collaboration with City staff they have diligently worked over the last few weeks to address the items discussed at the last meeting and are available for the rest of this evening to address any further questions. Becker reiterated their primary objectives and addressed some of the issues from the staff report. Their four primary objectives are relocation, access, preservation and compliance. As stated at the last meeting this development will provide relocation opportunity and safe, quality, affordable housing for the residents of Forest View. It will also provide a secondary access within the development. It preserves trees, sensitive areas and the beautiful entryway. Finally it creates a Code compliant development that will be complimentary to the adjacent development and will not adversely impact the surrounding neighborhoods. With regards to items from the staff report, Becker stated on Tuesday they hosted a neighborhood meeting for residents to discuss traffic impacts. Molly Long, the traffic consultant, was present at that meeting to give a summary of the traffic report and answer questions. The meeting lasted about an hour and involved about 20-30 community members from Knollwood, Idyllwild, Peninsula, Mackinaw and Forest View along with two members of City staff. There was one question that required a follow up in absence of the civil engineer regarding visibility at the intersection effects on the turning lanes. In response, right turns on red will be permitted on all legs of the intersection as there is nothing impeding sight distance on the development. Second item in the staff report was with regards to traffic calming solutions. Becker noted they reviewed three options with City staff, first was a stop sign at the intersection of Haywood Drive and Forest View Drive, the second was a mini -turnabout island at the same intersection, and the third was onsite parking which is currently contemplated. Becker stated their traffic consultant concurred with Kent Ralston, the City's transportation planner, who felt the stop sign wouldn't work. North Dubuque LLC's civil engineer concluded the mini -turnabout island would negatively impact the Planning and Zoning Commission March 7, 2019 Page 5 of 18 on -street parking so conclusively it was determined that on -street parking was the best option when looking to deter cars from speeding. Another item on the staff report was Outlot D and Lot 49, the recreation areas. Becker said they do have more detail this evening on those areas and noted that Thursday of last week the Center for Worker Justice and Forest View Tenants Association met to discuss the dimensions and areas as far was what their interest in building was. Becker showed some renderings of the lots and dimensions. Outlot D is the size of regulation soccer field. Lot 49 will house playground equipment, community garden and picnic area. Becker reiterated the ownership has committed $100,000 to this recreational space during development and that commitment will be reflected in the Affordable Housing Agreement their attorney is drafting in collaboration with the City Attorney's Office. Another item Becker wanted to discuss from the staff report was the cross section along North Dubuque Street and he acknowledged there has been some emails sent by the residents of Knollwood, so they presented tonight illustrations of the cross section. With regards to buffers for light and sound they have worked to refigure the lot for the gas station so the building will be at the back of the lot to deter vehicular traffic on that part of the lot. Per the request of the Knollwood neighbors they are also adding a tree buffer of evergreens behind the building. As far as the distance from the building and then neighbor to the south, it will be 224 feet and the total outlot space is 1.2 acres of tree buffer. With regards to elevations and signage Becker noted that with the exception of signage on the retaining wall on North Dubuque Street there will be no independent signs along North Dubuque Street. A summary of the Conditional Zoning Agreement was also provided in the staff report and that included the sample boards that will be used. Becker also included other community work Neumann Munson (the architect on the project) has done. Becker next showed the specs for the proposed manufactured housing which was requested by the Commission. With regards to specific signage and renderings Becker stated it was impossible for them to supply any images since the parcels will not sell until the property has been rezoned and owners are not yet determined. He acknowledged that they and all future owners will be required to comply with City Code and the Conditional Zoning Agreement. Martin asked about the Dubuque Street Trail and how that will fit into this development. Russett stated it will be on the east side of the project site and showed the location on a map. Baker asked if there is an option to also get a sound barrier structure in addition to the tree buffer for the neighbors to the south. Becker noted there is 1.2 acres of tree timber behind the evergreen tree buffer. Baker noted at the last meeting when asked if the entire project was predicated on having a commercial component the answer was yes as well as having a gas station at that location. He asks again if there was not a gas station at the location this entire 24 acre project will not work. Becker once again confirmed the necessity of the gas station and commercial area. Baker asked about moving the gas station further down Forest View Drive and Becker noted there are other issues such as traffic flow, topography and tree preservation. It was the position of the City not to have the gas station elsewhere in the project. Baker asked if it must be Highway Commercial and Neighborhood Commercial is not viable. Becker noted that even zoned as Highway Commercial there will be restrictions on the commercial that is more central to the development and follow Neighborhood Commercial guides. Baker next discussed signage and asked about the sizes of the signage noting the commercial will likely be franchise chains. Becker noted there are conditions of the signage sizes in the Planning and Zoning Commission March 7, 2019 Page 6 of 18 Conditional Zoning Agreement. Russett added the signage sizes are in the City Code. Baker stated he is having difficulty visualize what that signage wall will look like. Russett noted there are a couple sign locations identified on the plans and staff will review the master signage plan for the development. Baker asked if it was the developer's position that this property can never be developed in any residential form solely. Becker stated it is their position this proposal is the best use of the space. Baker noted though it would be financially possible to succeed in a 100% residential development. Becker said they would not be able to assist the residents of Forest View Mobile Home Park if that was the case. He noted there are currently 76 residents that live in Forest View and with this plan the development is providing affordable rent to own (honoring their current rent rate). The commercial development will help support the affordable residential. This type of affordable housing solution has not been done before, affordable housing is not easy to achieve and most cities look to government assistance to obtain affordable housing, this project is self-sufficient and will create 57 affordable housing units. Jason Friedman (1 Knollwood Lane) shared a picture of his house and noted his family has resided there for 15 years. There are five houses in the development, they are unique and all designed by a Frank Lloyd Wright fellow. Friedman noted after the flood of 2008 the City put up the retaining wall and with eminent domain took out a huge row of evergreens that completely covered his property. 11 years later they now understand the Planning and Zoning Commission is potentially yielding to the pressure of motorists to place yet another gas station at the exit of Dubuque Street, surely to help with the extensive long lines at all the gas stations at exits 240, 242 and 246. Friedman stated having a new gas station as a neighbor is not a joke to his family and the other families on Knollwood Lane. He takes issue with the developer stating it will not be a significant impact on the neighboring families. Friedman wanted to be clear however, especially to the residents of Forest View Mobile Home Park, he is not opposed to this whole development, especially because he supports the improvement to the quality of life for those residents, but he is opposed to the commercial development. With regards to the tree buffer for outlot A, which yes under requirements is 10% and they went over and beyond with making it 15% but in reality 15% is not going to work as a buffer, especially a tree buffer. They will be able to see the gas station and want the buffer increased. Friedman agrees with Baker and feels there needs to be a sound barrier constructed and recommends a 10 foot privacy fence so they don't have to look at the gas station every day. Additionally Freidman notes the traffic study may say what it says but in the end it will be a lot more traffic and they are already dealing with a lot of traffic on North Dubuque Street and would like a privacy fence there as well. He asks for these modest modifications. Deb Heiken (4 Knollwood Lane) has lived in her home for 23 years. Her home borders Laura Drive on the west and the proposed commercial development on the north. When viewing the proposal map on the City website she figures her bedroom window will about 100 feet from the proposed gas station. Outlot A is a triangle shape going from 65 feet on one end up to over 200 feet on the other and the gas station is somewhere in the middle. While the picture looks good, it isn't that good in reality, Also with regards to evergreen trees, when the Friedman's had evergreens planted to block the noise from Dubuque Street deer basically ate them all. So these evergreens they are talking about planting may just be sticks after a while with all the deer in the area. Heiken stated everyone can agree that the thought of having a gas station in your back yard is horrifying. She noted the developer moved the hotel from where it was in the original Planning and Zoning Commission March 7, 2019 Page 7 of 18 plans, Thye moved the high density residential area, so she asks them to please move the gas station. She acknowledged some sound proofing fencing and extra trees would be nice but in the end they will still be living next to a gas station and she can't believe the developer can't find another place to make it work. She asks the Commission to take into consideration her neighborhood's quality of live, they are a special neighborhood and unique, they are close-knit, tucked into the woods surrounded by trees and wildlife and the commercialization of this area will change all of that drastically. She asks the Commission what they would do if this were their neighborhood and asks them to "do the right thing". Jon Dentel (2002 Mackinaw Drive) moved back into the neighborhood in November 2017 and had previously lived on Algonquin Road. He has lived in Iowa City his whole life, grew up here, was an Eagle Scout and conservation has always been a big deal to him. He notes he has not received any communications on what is going on in the area and has missed previous meetings. Additionally he was not invited to any of the neighborhood meetings. With regards to conservation, from his bedroom window he looks out and sees owls in the trees, deer, fox, and squirrels. He acknowledged the deer are an issue in the area and wonders about the safety and driving when more trees are removed and the habitat changed, where will the deer go. Dentel also discussed the on -street parking and in Mackinaw Village there is on -street parking and with that the roads don't get plowed very well, there are issues when two cars are coming down the road and there is not enough room for them to go by each other. Marcial Utalo (1205 Laura Drive) (via translator) noted he also spoke at the last meeting. He lives in Forest View and support s this project. Maybe people think sure, because he lives in Forest View it helps him to support the project. He has lived for 15 years here and it is true there are deer in the street and in Forest View and it is very beautiful. But since he has moved here he has just kept in mind it is important to drive within the speed limit and be cautious in diving slowly. He has seen deer all over Iowa City and he is careful whether it is a 35mph or 50mph street to be cautious and have never had an accident. He does not think this should be the impediment that keeps this project from moving forward. With respect to rents here in Iowa City there are proposals for affordable housing but in reality and practically it plays out differently. The rents are $700 a month, $1000 a month, above $1000 a month. Yes much of this project is commercial but in terms of housing it will offer us an affordable option where they can actually afford to pay the rents. There are many of them that didn't have the opportunity to go to the university and don't have a high office, he has two jobs, he works from 5am to 3pm and again from 3:30pm to 11:00pm. He works hard so he can pay the expenses for children and food. He understands everybody has their perspectives but he feels this project offers a really important precedent for the community of Iowa City and they should support North Dubuque and moving forward with this plan. Donna Davis (1205 Laura Drive #95) is a member of the Forest View Tenant's Association which has worked with the developers for the last three years to get this proposal going. They were so afraid when the trailer court and whole area was sold for development that they would all just be out in the cold but Ed Cole, the owner, would not make that kind of deal, he purposely went with developers that would work with the residents to provide for them. So every month at the Center for Worker Justice they meet, sometimes on their own, often with the developers, and have negotiated for what they need and what they want so this plan is all what they have worked for. The plan did change once, in a major way, which put them back to square one, and had to renegotiate everything and the main fear now is it will change again and it will be another two years before this is finished. Davis stated they all really have trailers that are falling down around Planning and Zoning Commission March 7, 2019 Page 8 of 18 their heads, the infrastructure in the trailer court is old, the roads are bad (there are potholes you could lose a small car in), and none of this will change until the new development is built. She asks the Commission to consider all this in their decision. Claudio Narcio (1205 Laura Drive) has been a resident of Forest View for almost 10 years and is here to support the plan for a new Forest View. He grew up in this neighborhood, they are a peaceful community and they see each other as family. The plan for new housing is a plan the residents helped create and it would be a positive change. Good quality housing is important for kids growing up knowing they will have rooms to sleep in. He asks the Commission to approve this quickly as they have been waiting for three years now and a lot of the families, including him, are suffering, and why all of them, the community, feel they should move forward with this plan. Margarita Baltazar (1205 Laura Drive) (via translator) has lived for 13 years in Forest View. Many don't know when this plan began three years ago they organized, they formed their association and worked hard to define their demands. The came to the City to ask for new houses for low income people. It wasn't easy to form their demands they had to study and learn about the advantages and disadvantages of new houses. They raised their voices and were heard and achieved that the developers came to the Center for Worker Justice to have the first discussion to speak of their demands and the needs for Forest View. Since this point they have put forth agreements and have worked each month together. It is their project they have worked very hard on and where they have won a lot as well, for example houses that are accessible for low income people with central air, public streets instead of private roads, garbage collection from house to house among many other things. Baltazar stated they know their project, it has been the people who have worked hard on this plan together with the developers. They ask for humanity for Forest View, for their children, for senior citizens and for all the people of Forest View. They deserve a home with dignity, housing with dignity, and a more secure life because they don't know how much longer their houses will remain standing. Many would say why don't they just go rent another place, it is not easy and it is not within their reach to pay for an apartment of $700, $800 or more per month. Many of them have two or three jobs to sustain their families, they are a community that doesn't leave because they want to continue together with their neighbors, they have known each other for years and help one another, they are a family, and they are not unknown to each other. Baltazar asks the Commission to please approve this project, as mentioned they have had three years of meetings, two to three hours each month, to hear the needs and to discuss all the concerns of everybody at Forest View. It wasn't easy to arrive at this point and it was not easy to work on this project, they are not experts on this, but thanks for the Center for Worker Justice and many others they have given them the support they need to arrive at this point. They are arriving at a point now that is very important for Forest View, please take into account the life for everybody at Forest View, they are people who work with dignity to maintain their families and they have the opportunity now to have something that gives them dignity. It is not easy for them to be here so late with their children but they are fighting for their dream and for the dream of their children. Baltazar asks the Commission to please take into account they are very hopeful they will approve this project. It has been three long years and they want this project to move forward please. Paula Giudici (756 Mission Point Road) stated a really good thing about this plan is the relocation of the residents of Forest View Park into new homes in the same area and this is an important goal and needs to be maintained. They deserve homes that are affordable and are in good condition. Giudici asked if there were sidewalks throughout the entire development and street Planning and Zoning Commission March 7, 2019 Page 9 of 18 lights, all the roads paved and tree plantings. Hensch acknowledged it is all part of the detailed landscaping plan. Giudici noted this is a very dense human population in a small area and feels the amount of space that has been set aside for green space is totally inadequate. She notes there is a lot of money to be made in this development, it is a major intersection, and the City should insist on more funding given to the green space in this development. Rafael Morataya (4419 East Court Street) is the Executive Director for the Center for Worker Justice and reiterated they have been meeting with the residents every month for the last three years on this project with the hope the residents will have new homes. Morataya has lived in Iowa City for a year and a half and has heard interesting stuff on green space, sidewalks, etc., but in a lot of neighborhoods there is a lack of this. So it seems this is just trying to find an excuse in this particular neighborhood and to people of color that are this community and have lived in the community 15 to 30 years. Morataya stated the hope is the Commission will move forward with this particular plan which is beneficial to the kids that live in the neighborhood now and then can remain in the same schools. The City can then use this development as a precedent because right now there is no other project that is similar. Margarita Rodriquez (1205 Laura Drive #121) has lived in Forest View for 29 years and has mentioned before she used to live in trailer #153, #72, #91 and now #121. She obviously wants to be in that neighborhood and is not going anywhere. Her children went to elementary, junior high and City High and have moved on (one in Air Force, on in Army Reserves, one is a physical therapist and one is in the ministry) but she is hoping they will come back to the area. She is hoping and praying this will be the last meeting, it has been such a long time. She understands everyone has choices and commitments to attend, but hopes the Commission will approve so they can all have new homes. Hensch closed the public hearing. Parsons moved to recommend adoption of CPA18-00002, an application to amend the North District Plan land use map from Multi -Family Residential (8-13 dwelling units per acre) to Low -Medium Mixed Residential (8-13 du/ac) for approximately 24 acres and from Low -Medium Mixed Residential (8-13 du/ac) to Multi -Family Residential (8-13 du/ac) for approximately 24 acres. Signs seconded the motion. Parsons noted this amendment makes sense because it will assist with the transition from single family residential to the commercial where the higher traffic is. Hensch agreed stating this plan is far better than the original one. Baker stated he is supportive of this change in the Comprehensive Plan but that is not an indication on how he will vote on the rezoning plan. He stated given the choice between this and the previous plan this amendment is an improvement however he noted he would not have supported the previous plan had he been on the Commission at that time. Martin agrees with Baker. Signs and Dyer also agreed this plan amendment is better than the previous one. A vote was taken and the motion passed 6-0. Planning and Zoning Commission March 7, 2019 Page 10 of 18 REZONING/DEVELOPMENT ITEMS (REZ18-00013/SUB18-00006): Location: An area generally located south of Interstate 80, west of N. Dubuque Street, and east of Mackinaw Drive, commonly referred to as Forest View. An application for a Sensitive Areas Development Plan and rezoning of approximately 73.15 acres of land from Interim Development -Low Density Single -Family (ID -RS) zone, Low Density Single -Family (RS -5) zone, Planned Development Overlay / High Density Single -Family Residential (OPD/RS-12) zone, and Low Density Multi -Family Residential (RM -12) zone to Planned Development Overlay / High Density Single -Family Residential (OPD/RS-12) zone for approximately 45.48 acres of property and Planned Development Overlay / Highway Commercial (OPD/CH-1) zone for approximately 23.83 acres of property; and a Sensitive Areas Development Plan. An application for a preliminary plat for Forest View, a 73.15 -acre subdivision, to create 11 commercial lots, 4 multi -family lots, 60 single-family lots, and 9 outlots. Russett showed the proposed Forest View development project site and a map that showed the intended land uses of commercial, multifamily and single family and conservation items. Russett noted at the February 21 meeting several items were discussed and questions raised by the Commission were: • Differences between the existing Forest View mobile home park and the proposed single-family, manufactured housing community (e.g. density, size of lots, etc.) • More details on the plans for signage, particularly for the commercial component along N. Dubuque Street. • Concern that no elevations were provided. • Concern regarding the lack of detail in terms of recreational features and amenities for the proposed private open space. • Whether or not additional traffic calming features (besides the traffic circle) could be added to Forest View Drive. Particularly interested in planted medians. Russett noted all these items were discussed in the written staff report that was given to the Commission. Tonight she will focus on signage, elevations and traffic calming. In terms or signage Russett explained the draft Conditional Zoning Agreement identifies several conditions related to signage. The first is a development of a master sign plan, the plan will be reviewed and approved by the Director of Neighborhood and Development Services. This would include information on size of signs, types of signs and location of signs. Russett noted there are also additional conditions that will help to ensure signage in the commercial portion of the development is more in line with the neighborhood scale commercial development as opposed to typical signs for highway commercial. Specifically, staff recommends the following: • Lots 1-4: Only those signs allowed for CN -1 uses shall be permitted, except that in the event that a quick servicing vehicle use is established, electronic changeable copy may be allowed for gas prices only. No signs shall be oriented toward North Dubuque Street. • Lots 5-7: No free-standing signs shall be taller than 25 feet. No electronic changeable copy is allowed except for time and temperature signs and gas prices for quick vehicle servicing uses. Non -building signs along the Forest View Drive frontage limited to monument signs only. • Lot 8: Only those signs allowed for CNA uses shall be permitted, except that fascia signs may extend to the top of top story of the building. Planning and Zoning Commission March 7, 2019 Page 11 of 18 • Lot 9-11: Only those signs allowed for CNA uses shall be permitted. • Cabinet signs where the entire face of the cabinet is illuminated are prohibited throughout the development. Russett stated the next concern was lack of elevations. No elevations have been provided with this application as the applicant has mentioned the development will be built over several years and some lots may be built by the development team and others may be sold. Therefore, staff has worked with the applicant on an alternative approach - outlining detailed design guidelines in the conditional zoning agreement. The design guidelines address building materials and outline additional site development standards. All structures shall be constructed of high quality, authentic materials and acceptable building materials include brick, stone, wood and cement board. The conditional zoning agreement states vinyl will only be allowed for the manufactured homes and there are certain materials that will be prohibited throughout the development such as smooth -faced concrete block. Additionally there are some conditions that specify some design standards and reference Iowa City Code. Development on Lots 5-8, regardless of size, shall comply with the Commercial Site Development Standards for Large Retail Uses which call for building details that provide visual interest, reduce the perception of the mass of the building and require attractive entrance features. For Lots 9-11 all development must comply with the CN -1 development standards which include restrictions on placement of parking, loading, drives and aisles. There are screening requirements, standards related to street -level windows to ensure a high degree of transparency, there are limitations on building length and articulations and standards to ensure building entrances are easily identified. For the multifamily lots all development must comply with the multifamily development standards which address screening, landscaping, building placement, and building articulation. Russett showed the proposed sketch of the manufactured housing area and a proposed floor plan of the manufactured housing units. Finally related to traffic calming, the applicant touched on this in his presentation, Forest View Drive has been designed with a couple of traffic calming features. Parking will be allowed on both sides of the street, and there is also a proposed traffic circle at the entrance of the manufactured single family housing community. At this time staff would not require additional traffic calming on Forest View Drive due to the primarily commercial nature of this roadway; however, if traffic calming was pursued staff would recommend median islands or pedestrian refuge islands. Russett noted since the Commission's last meeting staff has received four letters from members of the public regarding the project and those were handed out along with additional materials to the Commission tonight. Two letters were from Knollwood neighbors and those neighbors requested the following: 1. The buffer area (outlot A) be increased 2. That a sound proof privacy fence be built 3. Additional trees be planted. Additionally at tonight's and previous meetings some residents have proposed relocating the gas station, Russett noted staff discussed the location of the gas station several months ago with the applicant and recommended against changing the location of the gas station and switching it with the drive-thru restaurants. Staff was concerned with the noise of the speakers from a drive-thru would have an impact on the neighbors. Additionally with drive-thru restaurants vehicular traffic is allowed behind buildings and there might be more light and noise in that area. Russett stated the applicant has added some additional screening to the southern border of Lot 1. She added the gas station will require a special use exception that will have to go before the Board of Adjustment for review and approval. Planning and Zoning Commission March 7, 2019 Page 12 of 18 The other two letters staff received were concerns related to maintenance of the single family homes and property values, traffic and impacts on the environment. Russett reiterated a Good Neighbor Meeting was held on Tuesday to discuss traffic concerns. Staff is recommending approval of the proposed Sensitive Areas Plan, the proposed rezoning with the conditions outlined in the draft conditional zoning agreement and approval of the preliminary plat. The staff recommendation is contingent upon approval of the comprehensive plan amendment by City Council, evidence of ownership of all property to be developed, and confirmation of IDOT and FHWA approval of N. Dubuque Street access. Staff has received an email from the FHWA confirming that they would allow the permit. The applicant is currently working with the IDOT on purchasing a portion of the right-of-way, the IDOT has accepted the offer and they are just working through the final details. The conditions outlined in the draft conditional zoning agreement are as follows: 1. Prior to the issuance of any building permit, the applicant execute an affordable housing agreement with the City that outlines the specifics of the relocation plan for the residents of Forest View. 2. On Lots 5-8, development shall be subject to the standards for Large Retail Uses, which calls for details and features that provide visual interest, reduce the perception of the mass of the building, provide attractive entrance features and quality materials. 3. On Lots 5-8, buildings shall be setback a minimum of 15 feet from Forest View Drive. 4. On Lots 9, 10, and 11 development shall be subject to the CN -1 zoning regulations. 5. On Lot 1-4 development shall be subject to the CN -1 zoning regulations with a few exceptions (e.g. build -to line standards; location of parking, loading, drives, and aisles; and drive-throughs.) 6. Development shall be subject to detailed design guidelines that address signage (including a master sign plan), building materials, and lighting. 7. Upon final plat approval, the owner execute a subdivider's agreement with the City that addresses, among other things, the need for annual certification of private storm water management systems to ensure that the systems will be properly maintained. 8. All single-family development shall have clearly defined main entrances identified by either a porch or a canopy, transom and sidelight windows, pilaster and pediment, or other architectural features; and that the main entrances of each dwelling unit must face the street. 9 Owner shall maintain a landscaped buffer between the proposed single-family, manufactured housing community and the existing single-family neighborhood. 10. Owner shall ensure a 40 -foot area along N. Dubuque Street remain unimpacted by the development. Hensch acknowledged the work staff has done and noted appreciation for the design guidelines and manufactured housing elevations. He noted that is perhaps the best they can get in future developments as well, it has been a chronic problem with obtaining elevations and having design guidelines in a conditional zoning agreement may be the answer. Hensch asked about traffic calming on Forest View Drive, and wondered how long Forest View Drive is and what the proposed speed limits will be and if a traffic calming would be a plus or a minus. He would like to see everyone go slowly and make this a safe neighborhood but doesn't Planning and Zoning Commission March 7, 2019 Page 13 of 18 want the Commission to recommend something that will not actually be helpful. Ralston stated that normally in a neighborhood where it would be all front -facing residential homes they may be more concerned but since there will be the traffic circle towards the west end of the property that will calm traffic in that area. Primarily the middle stretch of the road is more of a commercial feel and urban feel so there is less of a concern. The speed limit posted will be 25mph and in City Code all streets that aren't posted are 25mph but in this case they will post it so everyone is aware. He anticipates the speeds on the road to be between 25mph and 30mph as that is the norm throughout the City streets that posted 25mph. Ralston stated the other big question is how much on -street parking there will be and they won't really know until they start to see the development built out. Forest View Drive as proposed is 28 feet wide and Code allows parking on both sides of the street at that width. Hensch asked if Ralston feels there is a need for additional traffic calming devices. Ralston does not believe they are needed at this time and to doing so at this point before the development is built out may cause more difficulties than solutions. If they were to move forward with any type of traffic calming they might install some median islands which is preferred method. Hensch asked about Outlot A noting he likes the landscaping plan that was presented but there is no landscaping plan for Outlot A because it is a timber area and wondered what percentage of that timber will be lost with development. Russett confirmed no timber will be lost in Outlot A, it will remain fully timbered. Signs stated it appears the gas station sits at a lower point of the topography than the majority of Outlot A. Russett confirmed that Outlot A is higher elevation than the gas station lot and the houses to the south. Dyer asked about the sign plan, the plan states shall use san serif type fonts, except for logos and required user franchise signage and she wondered if that means then there could be a large McDonald's sign. Russett stated it just means the sign could use the McDonald's font but the sign size would be limited by the Code. Martin stated there has been discussion on the dilapidated nature of the current trailer park and wondered who was responsible for the current road care. Russett stated those are currently private streets that are maintained by the property owner. Martin asked about the units themselves and who was responsible for maintaining them. Russett said that is up to the individual home owners. Baker stated at the last meeting they discussed the multifamily and it was stated the limits on bedrooms is governed by parking requirements. For example if the multifamily were to have a three-bedroom limit per unit it does not have to be stated, it will be determined by the parking requirements built into the Code. Russett said for multifamily buildings the City Code limits the number of bedrooms to three. She said they could not have a four-bedroom unit in a multifamily or anything greater than that. Baker noted the idea of senior housing was also mentioned at the previous meeting as being part of the multifamily development and if that should be a requirement. If the Commission made that a requirement and the developer could not fulfill it would they have to come back before the Commission for an amendment to the land use plan. Russett said they would have to amend the conditional zoning agreement, which would come back to the Commission. Baker asked if there Planning and Zoning Commission March 7, 2019 Page 14 of 18 was any desire on part of the Commission to make that a condition. Hensch agreed he would like to see there be a mixed age range in the development. Baker asked about the gas station having to get a special exception but also noted that the reason to keep the gas station at that lot and not a fast food restaurant is because of the speakers and could the Board of Adjustment as part of the special exception also require the gas station does not have outdoor speakers. Russett said that could be considered as a condition of the special exception. Baker also asked about the sign standards, for Lots 1-4 it states "no signs shall be oriented toward North Dubuque Street" and does that mean they cannot be seen from North Dubuque Street. Russett said the intent is to not have any signs fronting North Dubuque Street and facing outward to North Dubuque Street. Baker noted no gas station will want to exist without signage, they want as much attention prior to getting there as possible and he wonders what will actually be seen while driving on North Dubuque Street. Russett said that will all be decided in the master sign plan. Baker asked if the recommendation of "no free-standing signs shall be taller than 25 feet" for Lots 5-7 is the standard or can that be adjusted down. Russett said it is not standard, in this area because it is Highway Commercial close to the freeway the normal limit is a 65 foot sign. She noted they chose 25 feet because it is a minimum for the neighborhood commercial zone district. Baker asked if one is driving north or south on Dubuque Street what would be seen above the current vegetation. Russett said that is hard to answer as the topography in that area is mixed. Baker said at night all the signage will be lit and will light up the area that is now seen as vegetation. Baker asked on the signage master plan if the signs on the retaining walls off North Dubuque Street would be on both sides of the entranceway and he understands why the developer would want signs coming into the city, as a pull from people from the highway, but people going north are residents and there is no need to have signage on the north way. Signs noted he doesn't see the signage as an issue. Baker confessed that North Dubuque Street is why he got involved in Iowa City politics many years ago and has been self-conscious about this entrance to Iowa City all these years and if a goal of the Comprehensive Plan is to protect this entrance then this proposal doesn't accommodate that. Dyer asked if was possible a project elevation looking straight on Dubuque Street to see how high 25 foot signs would be above the trees. Hensch said that was shown at the presentation last year. Signs believes quite a few of the trees in that area are at least 25 feet tall. Russett added the 25 foot signs are only allowed along the 1-80 side not the North Dubuque Street side. Martin asked how tall the street lights along North Dubuque are because those are significantly taller than the trees. Ralston will have to find out. Hensch opened the public hearing. Jimmy Becker (Blackbird Investments) noted there are members of their consulting team available at the meeting so if the Commission has any technical questions they are available to answer. Parsons asked about the evidence of ownership of all property and if they currently own all the property. Becker confirmed they do won all the property, he noted there is about 10,000 square feet of land the IDOT is disposing of and have accepted North Dubuque LLC's offer for that land but it has to be approved by the Governor Planning and Zoning Commission March 7, 2019 Page 15 of 18 Dyer asked if there were to be any manufactured homes that will be wheel chair accessible. Becker said the homes will be built to code and if needed a wheelchair ramp can be constructed for residents that need it. Hensch closed the public hearing. Parsons moved to recommend approval of REZ18-00013 and SUB18-00006, an application for a Sensitive Areas Development Plan and rezoning of approximately 73.15 acres of land from Interim Development -Low Density Single -Family (ID -RS) zone, Low Density Single - Family (RS -5) zone, Planned Development Overlay / High Density Single -Family Residential (OPD/RS-12) zone, and Low Density Multi -Family Residential (RM -12) zone to Planned Development Overlay / High Density Single -Family Residential (OPD/RS-12) zone for approximately 45.48 acres of property and Planned Development Overlay / Highway Commercial (OPD/CH-1) zone for approximately 23.83 acres of property; and a Sensitive Areas Development Plan. And an application for a preliminary plat for Forest View, a 73.15 -acre subdivision, to create 11 commercial lots, 4 multi -family lots, 60 single-family lots, and 9 outlots with the conditions outlined in the draft conditional zoning agreement as follows: 13. Prior to the issuance of any building permit, the applicant execute an affordable housing agreement with the City that outlines the specifics of the relocation plan for the residents of Forest View. 14. On Lots 5-8, development shall be subject to the standards for Large Retail Uses, which calls for details and features that provide visual interest, reduce the perception of the mass of the building, provide attractive entrance features and quality materials. 15. On Lots 5-8, buildings shall be setback a minimum of 15 feet from Forest View Drive. 16. On Lots 9, 10, and 11 development shall be subject to the CNA zoning regulations. 17. On Lot 1-4 development shall be subject to the CNA zoning regulations with a few exceptions (e.g. build -to line standards; location of parking, loading, drives, and aisles; and drive-throughs.) 18. Development shall be subject to detailed design guidelines that address signage (including a master sign plan), building materials, and lighting. 19. Upon final plat approval, the owner execute a subdivider's agreement with the City that addresses, among other things, the need for annual certification of private storm water management systems to ensure that the systems will be properly maintained. 20. All single-family development shall have clearly defined main entrances identified by either a porch or a canopy, transom and sidelight windows, pilaster and pediment, or other architectural features; and that the main entrances of each dwelling unit must face the street. 21. Owner shall maintain a landscaped buffer between the proposed single-family, manufactured housing community and the existing single-family neighborhood. 22. Owner shall ensure a 40 -foot area along N. Dubuque Street remain unimpacted by the development. 23. One of the multifamily buildings is to be for senior housing 24. $100,000 dedicated by the owners for recreational equipment in Outlot D and Lot 49. Planning and Zoning Commission March 7, 2019 Page 16 of 18 This recommendation is contingent upon approval of the comprehensive plan amendment by City Council, evidence of ownership of all property to be developed, and confirmation of IDOT and FHWA approval of North Dubuque Street access. Signs seconded the motion. Baker noted he is not in favor of this application, he has had concerns since it first came before the Commission, he was not happy with the original change in the Comprehensive Plan, in this proposal there are too many unanswered questions about the commercial zoning and feels this will have a negative impact on the entrance way of North Dubuque Street. Baker did acknowledge the City has an obligation to the residents of Forest View Mobile Home Park and is surprised nothing else has ever been done though other forms or means to help improve the condition of that particular housing area and regardless of this application outcome the City has an obligation to those residents. Martin agrees with Baker, especially the statement about the obligation to those residents. She noted this application has been before the Commission for a long time and she has thought about it a lot. When she first started on the Commission she was told it was the Commissioner's job to think about the City and all of the zoning requests for the long-term planning. It is the responsibility of the Commission to make the most thoughtful decisions that will have the largest impact on the community as a whole. With this application she doesn't see this as a benefit for the whole, it is a beautiful entrance into the City and to remove 70% of the trees in this area has a larger impact beyond the look, it will affect wildlife as well. One of the members of the public spoke about the feel of the neighborhood, the Forest View residents have a neighborhood, the Knollwood residents have a neighborhood, and this commercial and multifamily proposal is not a neighborhood. If the City Council is concerned about the "missing middle" and transitions then some small footage of trees between a home and a gas station is not a transition. Martin feels there are too many unresolved questions on this proposal and feels the Commission is being held hostage by telling them that only if they approve this proposal will they be able to help people and she doesn't believe it is true, they could still help people and keep the entrance to the City intact. She also noted the Dubuque Street Trail is very important, there are so many bicyclists in Iowa City and she had a friend who was hit while riding right there on Dubuque Street and was in a wheelchair for almost a year. The City worked on the Dubuque Street Trail for years and now it will be interrupted by highway commercial. She also noted the discussion of need for gas stations, there is no need there are a lot of gas stations in the area. This development has an opportunity to be more thoughtful of what types of businesses and housing is better for this area. Hensch stated his support of this application, he thinks the plan has improved each time the Commission has seen it. He acknowledged it is not perfect, but no plan is perfect, there is never a rezoning where all the neighbors are happy, the Commission just needs to do their best and in this case they are there now. Parsons acknowledged the applicant and residents of Forest View have noted this is an improvement of quality of life for them and many (with secondary access road) and for him the positives outweigh the negative so he supports the application. Dyer stated she will support the application but noted she is uncomfortable having no elevations and feels there has to be some idea of what will be built on these lots. In the past they have had elevations that have come at the same time as the request for rezoning. Planning and Zoning Commission March 7, 2019 Page 17 of 18 Signs acknowledged one of the challenges with this development is it will be built out over 10 to 15 years so he understands why elevations are unknown. They could bring forth now an elevation for a five -story hotel that in five years changes completely when built. He is in support of this application for many reasons and over the course of the two years the Commission has been part of this process he has heard some really nasty things. He acknowledged it is a beautiful entryway into the City but he feels the developers will keep it a beautiful entryway. If you look at some of the Minneapolis and Kansas City suburbs and areas where they have built these types of developments there are trees and shrubs and boulders and all kinds of things that he finds attractive. He agrees they are operating on trust here, but it is local owners, architects, engineers and builders who he feels do have the best interest of the community. The process has been incredible, the applicants have responded to every questions, every tweak, every thought the Commission has had. This is a plan where the developers have spent three years working with the community and the work they have all put into this is astonishing and he does believe it has the potential to become a national model. He noted some disastrous projects in this City (like the Rose Oak project) where hundreds of people were displaced with no care whatsoever. He realizes the housing element is just one piece of a much larger project but it has been tremendous. He is in support of this application. Parson echoed Signs noting this has been a very large project with sensitive areas and many issues but how the development team has worked with Forest View has been impressive. A vote was taken and the motion passed 4-2 (Baker and Martin dissenting). CONSIDERATION OF MEETING MINUTES: FEBRUARY 21, 2019 Signs moved to approve the meeting minutes of February 21, 2019 Martin seconded. A vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: Russett reminded the Commission the Planning & Zoning/City Council consult will be held Tuesday, March 12 at 5:00pm. Adiournment: Parsons moved to adjourn. Signs seconded. A vote was taken and the motion passed 6-0 PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2018-2019 KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 4/19 5/3 5/17 6/7 6/21 7/5 8/16 9/6 9/20 10/18 12/20 1/3 1/17 (W.S.) 2/4 2/21 3/7 BAKER, LARRY -- -- -- -- -- -- -- -- -- -- X X X X O/E X X X X X X DYER, CAROLYN X X X X O/E X O O/E O X X X O/E X X X FREERKS, ANN X O/E X X X '-- -- `-- -- '-- -- I-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- HENSCH, MIKE X X X X X X X X X X X X X X X X MARTIN, PHOEBE X X X X X X X X X X X O/E X O/E X X PARSONS, MAX X X X X X X X O/E X X X X X X X X SIGNS, MARK X X X X X X X X X X X X X X X X THEOBALD, JODIE X X X X O/E `-- -- TOWNSEND, BILLIE -- -- -- -- -- -- -- -- -- -- X X X X X O/E X X X X O/E KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member