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HomeMy WebLinkAbout2009-04-30 Info Packet~ - i ~~-Trnr®~~~ --t..i~ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET April 30, 2009 MAY 4 COUNCIL WORK SESSION IP1 Council Meetings and Work Session Agenda IP2 Memorandum from the Director of Transportation Services and the JCCOG Executive Director: On street parking in the 10 block of South Dubuque Street IP3 Schedule of Pending Discussion Items MISCELLANEOUS IP4 Letter from Matt Pacha: Sand Lake Recreation Area project IP5 Memorandum from the Director of Planning and Community Development: Update: Flood-related activities IP6 Housing and Inspection Services Customer Service Survey -April 2009 DRAFT MINUTES IP7 Parks and Recreation Commission: April 8, 2009 IP8 Human Rights Commission: April 21, 2009 IP9 Housing and Community Development Commission: April 16, 2009 (FY10 Annual Action Plan and FY09 Annual Action Plan amendment available on the city website) IP10 Public Art Advisory Committee: April 2, 2009 Planning and Zoning Commission: April 16, 2009 [Distributed to Council 4/30/09] ~~~ ~~~ -'~~~~~ CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY www.icgov.org April 30, 2009 I MAY 4 COUNCIL WORK SESSION ~ IP1 Council Meetings and Work Session Agenda IP2 Memorandum from the Director of Transportation Services and e JCCOG Executive Director: On street parking in the 10 block of South Dubuq a Street IP3 Schedule of Pen 'ng Discussion Items MISCELLANEOU IP4 Letter from Matt Pacha: nd Lake Recreation Ar a project IP5 Memorandum from the Dir ctor of Planning and Community Development: Update: Flood-related activities IP6 Housing and Inspection Service Custo r Service Survey -April 2009 DRAFT' MINUTES IP7 Parks and Recreation Commissi Ap ~I 8, 2009 IP8 Human Rights Commission: pril 21, 200 IP9 Housing and Community evelopment Comi Plan and FY09 Annual Act' n Plan amendment fission: April 16, 2009 (FY10 Annual Action -~ailable on the city website) IP10 Public Art Advisory C~(mmittee: April 2, 2009 ~ ~ U4-3U-U9 ~~. ®. ~; ~~~~ c~,~~ IP1 City Council Meeting Schedule and CITY OF IOWA CITY Work Session Agendas April 30, zoos www.icgov.org • MONDAY, MAY 4 Emma J. Harvat Hall 6:30p Council Work Session • Agenda Items • Planning and Zoning Items (dJ • Zoning Regulations Bars/Liquor Stores (agenda 5b] ^ FY10 CDBG and HOME Funding Recommendations (agenda 6] ^ Downtown Parking/Loading Zones (agenda 3f(1) and IP2] ^ Information Packet Discussion (4/23 and 4/30] • Budget/Priorities/Citizen Survey • Council Time • Schedule of Pending Discussion Items ^ Upcoming Community Events/Council Invitations ^ Discussion of Meeting Schedules • TUESDAY, MAY 5 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE • MONDAY, MAY 18 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, MAY 19 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • TUESDAY, MAY 26 Emma J. Harvat Hall 5:30p Special Council Work Session- Priority-setting • THURSDAY, MAY 28 Emma J. Harvat Hall 5:30p Special Council Work Session- Priority-setting • MONDAY, JUNE 1 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, JUNE 2 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, JUNE 15 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, JUNE 16 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting ~ i :.:.®~~ y..m' ~'t City Council Meeting Schedule and CITY OF IOWA CITY Work Session Agendas April 30, zoos www.icgov.org • MONDAY, JUNE 29 Emma J. Harvat Hall 6:30p Special Council Work Session • TUESDAY, JUNE 30 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting • MONDAY, JULY 6 6:OOp Regular Council Work Session Emma J. Harvat Hall 7:OOp Special Formal Council Meeting Emma J. Harvat Hall Continue Council Work Session if necessary • MONDAY, JULY 27 Emma J. Harvat Hall 6:30p Special Council Work Session • TUESDAY, JULY 28 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting • MONDAY, AUGUST 17 Emma J. Harvat Hall 6:30p Regular Council Work Session • TUESDAY, AUGUST 18 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, SEPTEMBER 14 Emma J. Harvat Hall 6:30p Regular Council Work Session • TUESDAY, SEPTEMBER 15 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • WEDNESDAY, SEPTEMBER 16 Johnson County Health and 4:OOp Joint Meeting Human Services Bldg • MONDAY, SEPTEMBER 28 Emma J. Harvat Hall 6:30p Special Council Work Session • TUESDAY, SEPTEMBER 29 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting r -- t ~~~~= p°~~ CITY C)F IOWA CITY 1P2 ~_,:.® ~ , ~ ' ; ~~ RANDU~ ~ ~Mo Date: November 25, 2009 To: City Council From: Chris O'Brien, Transportation Services Director( John Yapp, JCCOG Executive Director'~y~-~ Re: On street parking in the 10 block of South Dubuque Street In November 2008 the City Council indicated your preference to remove commercial vehicle parking from the middle of the 10 block of South Dubuque Street. This was due to congestion and pedestrian safety concerns. Accordingly, we presented you with a proposal which would remove nine metered parking spaces on the east side of the 10 block of South Dubuque Street and install Commercial Vehicle Loading Zone signs to establish a commercial loading zone in the 10 block of South Dubuque Street. We also agreed to step up enforcement of vehicles parking in the center of the 10 block of South Dubuque Street and direct them to the new Commercial Vehicle Loading Zone. This was intended to be the first of multiple phases which would address issues regarding commercial vehicle traffic downtown. Since February we have monitored the level of commercial vehicle parking in the 10 block of South Dubuque Street. Although the parking is fairly well utilized during the morning, for the remainder of the day it is not well utilized. We have also received input from the Downtown Association and the general public. Accordingly, the City's Parking Division and Planning Department staff have evaluated the current situation and recommend adjusting the Commercial Vehicle Loading Zone. We believe the 10 block of South Dubuque Street can be more effectively utilized with the following changes: • Remove the Commercial Vehicle Loading Zone on the north half of the east side of the 10 block of South Dubuque Street. Replace it with a 15 minute loading zone for all vehicles, both passenger and commercial. • Continue the designation of the south half of the 10 block of South Dubuque Street as a 30 Minute Commercial Vehicle Loading Zone. • Continue to enforce the prohibition on vehicles parking and double parking in the middle of the 10 block of South Dubuque Street. • As weather permits, install pavement markings on the east side of the 10 block of South Dubuque Street where the 30 Minute Commercial Vehicle Loading Zone is designated. Downtown parking is very dynamic, and we would not be surprised if further adjustment of commercial vehicle parking areas is needed. However, we believe the above suggestions are appropriate for maximizing parking availability for the general public. We anticipate that when morning delivery traffic is at its peak, the entire east side of this block may be utilized by commercial vehicle traffic. In the afternoon, when business and retail traffic is at its peak, the 15 minute loading zone can be utilized for those wishing to make quick stops in the downtown to conduct business. We will enforce the 15 minute provision or else we would expect this area to fill up with all day parkers. Let's plan to discuss this proposal at your May 4 work session. Again, it is likely we will need to continue to make adjustments to parking as the downtown business mix evolves. We will also continue with the other phases of the initial proposal you agreed to. This will include April 29, 2009 Page 2 investigation of making Dubuque Street one way southbound with the west side of the street reconfigured for on-street angle parking. Please bring your questions and comments to the May 4 work session. cc: Dale Helling, Interim City Manager Jeff Davidson, Planning & Community Development Director Wendy Ford, Economic Development Coordinator ppddi rlmem/OnStreetPkg-S Dbq.doc IP3 SUMMARY OF PENDING WORK SESSION ISSUES 4/29/09 Meet with Parks & Recreation Commission re: Master Plan (MAY 18) Crime Statistics Report (MAY 18) Passenger Rail Presentation by Chamber of Commerce (MAY) Ready JCCOG Affordable Housing Task Force Recommendations (MAY/JUNE) Ready Housing Authority Termination Policies (MAY/JUNE 1) Farmers' Market (AUGUST/SEPTEMBER) Flood Response & Mitigation Update (PERIODIC) Meet w/ Airport Commission re: Aviation Commerce Park South Study (JUNE 1 or 15) Alley Inventory (FALL 09) THE SAND LAKE RECREATION AREA CAPITAL PROJECT IOWA CITY DEPARTMENT OF PARKS & RECREATION 220 SOUTH GILBERT ST IOWA CITY, IOWA 52240 PHONE: 3 19-356-5 100 April 20, 2009 DONOR NAME /ADDRESS Dear DONOR'S NAME: ~P4 rship Team Members Jace Bailey Charlie Funk Allyn Jordan Bruce Maurer Jack Muller Matt Pacha Ted Pacha Jerry Raaz Mary Weideman Tammy Neumann Terry Trueblood Gary Vance *** PROJECT UPDATE *** I wanted to take a moment to update you on where we stand with the Sand Lake Recreation Area project. Thanks to your incredible support we've raised over $71,000 to date in support of this fabulous community project. You may have read in the newspaper or heard mention that, due to the current economic climate that we are facing, funding of this project has been moved back in the City of Iowa City Capital budget to FY' I I (which begins in July of 2010). While this is true, it does NOT mean that progress will not begin on this project. The city does have $500,000 budgeted in FY09 (which we are currently in) and $ I million in FY10 (which begins July I, 2009) to begin to make some progress at the Sand Lake site. One unfortunate result of this movement of the funding is that we are no longer eligible AT THIS TIME to apply for the $2 million Vision Iowa Grant, and therefore we have withdrawn our application for now. We do however intend to re-apply in about a year or so. (We will be applying for the grant money to apply to the final two years of the project) So what does all this mean with regard to the disposition of the funds that you have so generously pledged/donated? In order to remain eligible for the VI grant when we re-apply, we cannot spend these funds toward the project at this time. Rest assured that the existing funds will remain in a separate account with the Parks and Recreation Foundation until we are able to move forward on the grant application process. have been assured that the City of Iowa City is still fully committed to this worthwhile community project as is the Parks and Recreation Commission and Foundation. No funding was removed, only delayed for a year. If you have any questions or concerns about our approach please feel free to contact me directly at 3 19-338-6517, or Mike Moran at the number listed above. Again, thank you for your generosity and support! Best Regards, ~, Matt Pacha President, Iowa City Parks & Recreation Foundation Cc: Dale Helling 'V Regenia Bailey Parks & Recreation Foundation Board of Directors Parks & Recreation Commission An outstanding resource... ...for a forward thinking community! ~~,®~ CITY O F IOWA. CITY IP5 "'-',~~i`'~'~ ~E~~ Date: April 29, 2009 To: City Council From: Jeff Davidson, Director of Planning and Community Development Re: Update: Flood-related activities Planning and Community Development • Staff attended the Long Term Recovery Committee meeting on April 28~h. The next meeting will be held on May 26t" • $1,340,461 in Jumpstart State and Federal funds have been distributed. Staff continues to distribute the remaining funds to homeowners. The CDBG Rental Rehabilitation program began this week; staff will work with the 5 landlord applicants to distribute available CDBG funds. • The application to the Iowa Department of Economic Development for the Single-Family New Unit Production program was submitted on April 29. This $2.3 million grant will assist up to 40 income eligible homeowners with downpayment assistance to acquire a new home. Staff is working with six developers/builders and six lenders to construct the 40 homes in six subdivisions scattered throughout Iowa City. The intent of the program is to replace the 40 homes lost during the flood. The homes will be accessible, will sell for less than $180,000 and will have "green" features. The City chose the Housing Trust Fund of Johnson County to assist with the administration of this program. • Staff is continuing to work to be prepared for when the Hazard Mitigation Grant Program (buyout) application is approved. We are collecting receipts for duplication of benefits review, collecting abstracts for updating and ensuring the homeowner returns their citizen or qualified aliens form. Staff is also completing the HMGP administrative plan, which will be sent to City Council for their approval at the May 19~h meeting. Iowa City will be receiving additional Community Disaster Grants funds. The additional amounts to be received are unknown at this point. The funds will be used for additional housing rehab or repair. Community Disaster funds will be sent to Iowa City in the next 2 weeks. • Staff is working with the Engineering Department to complete an application for CDBG Public Infrastructure funds to elevate the Normandy Road/Manor Drive intersection. • The legislature has completed their work and the city can now determine how the I-JOBS bonding proposal fits with their other disaster recovery funding options. The legislature did change their criteria to include disaster recovery and lessened the proposed match requirements. Disaster recovery projects now need only a 25% match while economic stimulus projects require a 50% match. The Comrttunity Foundation of Johnson County has allocated up to $37,000 in addition to their previous allocation of just over $57,000 to assist flood-affected homeowners with rental and mortgage payments. With this latest allocation, we have assisted 8 households with over $22,000.00 in mortgage assistance. We have contacted another 6 households and are awaiting responses from them. • The Jumpstart Business Recovery program was closed out April 15: 56 applications 51 approved for funding: totaling $1,241,000. 1 pending approval: totaling $5,000 • The Business Rental Assistance Program Opened on April 16 and as of today, we have received 26 applications totaling $335,300 in business rental assistance requests. 04-30-09 Iowa City Housing and Inspection Services Mpg Customer Service Survey ~ April 2009 dOW ARE WE DOING? It's all good: prompt, professional, courteous, etc. Thanks. Inspection was done on time and thoroughly. Thanks! This was our first inspection. Bob Shaver was very thorough in his inspection. He was especially helpful in suggesting remedies to the deficiencies he found. Our inspection was good - no problems. Norm is a great inspector to work with, and willing to work with your schedule. He also gives good tips on how to keep your property up! Keep up the good work! I realize it is a challenge to do the work that you do. I appreciate the professionalism and reasonable nature of Mr. Shaver. Thanks. I had some things that needed to be done. Pat was firm with those that I could do. What I appreciate, though, is that she was very flexible with those items I couldn't do immediately due to weather or availability of labor. Pleasure to work with and made an unpleasant situation good. Nice and pleasant as usual. Thanks. Just fine. Norm Cate with Shane Murphy were thorough and professional. As with all the properties we manage, we do our best to make sure they are maintained for the owners with the narrowing income/expense margin. Mr. Art Anderson was very professional and pleasant to work with. I have been in a lot of house inspections and for the first time with Patricia MacKay. I think she did a very good job. She was very professional and I look forward to the next one. Sorry so late. Length of time between notice (Dec.) and receipt of permit too long (March). Especially since this involved one building that had been inspected 10+ times over the 40 years. I realize the department is short staffed. I did find Stan friendly and prompt for appointments, but paperwork should have been a breeze! He needs more staff. hisadm/comments04-09 Bob Shaver was prompt and very professional in his inspection. Thanks for sending letter and new notice of changes early on so we were able to complete requirements prior to meeting with him. Our housing inspector, Bob Shaver, was very pleasant to work. Prompt and always courteous. Bob Shaver was very cooperative and helpful to ensure that we passed the inspection for the safety of our tenant. Bob was very fair to work with and he went so far sa to have very helpful hints for my property. LeeAnn Kincade was fair, honest, did a good job. Thanks. We appreciate the way Art Anderson was willing to work with us giving us time to get our roof painted. We are very pleased with your services, especially Bob Shaver. Pat MacKay was on time and did a good job. Thank you. Our inspection was with Stan Laverman. Mr. Laverman was polite, courteous and professional. The inspection was thorough but efficiently performed. Art did a great job during his initial inspection as well as during his follow-up! Hisadmlcommentadoc IP7 MINUTES DRAFT PARKS AND RECREATION COMMISSION April 8, 2009 MEMBERS PRESENT: Lorin Ditzler, Maggie Elliott, Craig Gustaveson, Aaron Krohmer, Margie Loomer, Jerry Raaz, John Westefeld MEMBERS ABSENT: David Bourgeois STAFF PRESENT: Mike Moran, Terry Robinson, Carol Sweeting, Kris Ackerson GUESTS PRESENT: Diana Harris, Jean Walker RECOMMENDATIONS TO COUNCIL: Moved by Loomer, seconded by Gustaveson to name Sand Lake Recreation Area the Terry Trueblood Recreation Area. Unanimous. OTHER FORMAL ACTION TAKEN Moved by Elliott, seconded by Loomer, to approve the March 11, 2009 minutes _as written. Unanimous. Moved by Gustaveson, seconded by Raaz, to support the water trails grant application with a caveat that Kris Ackerson, Planning Department, will report back to the Commission in June 2009 with an update. Unanimous. PUBLIC DISCUSSION Jean Walker was present at tonight's meeting to follow-up on a letter that she sent to the Commission with her desire to name an Iowa City park in honor of Terry Trueblood. She stated that he is very deserving of this honor due to the many years he has worked for the Parks and Recreation Department and how instrumental he has been in improving the park system in the community. Specifically Walker mentioned his part in the redesign of Brooklyn Park. Gustaveson also reiterated this mentioning his diligent efforts in seeing that projects came to fruition that initially were unsuccessful; projects at the Kickers complex and in Mercer Park at the Babe Ruth Fields. After discussing the possible parks to name or rename in his honor, it was the consensus of those present that the Sand Lake Recreation Area would be the best suited for this honor. Moved by Loomer, seconded by Gustaveson to name Sand Lake Recreation Area the Terry Trueblood Recreation Area. Unanimous. Westefeld, on behalf of the Commission, thanked Jean Walker for this suggestion and her efforts to move this along expediently. Moran noted that at the recent Iowa Parks & Recreation Association conference that it was recommended that the Slattery Award be renamed the Slattery-Trueblood Award. IPRA describes this aware as follows: "The highest professional award in the IPRA program. The "professional" encompasses many traits. To be considered for this award, the nominee should be a person who has given of themselves as they work with their clientele, Their everyday life should exemplify outstanding. Parks and Recreation Commission April 8, 2009 Page 2 of 6 dedicated and unselfish service to the profession, commcrnity and to this Association. (PRA membership required. Committee cornprised of the five most recent Slattery Award recipients. FOLLOW-UP ON WATER TRAILS GRANT PROCESS: Kris Ackerson, Assistant Transportation Planner, was present at this meeting to update the Commission on the status of the application for a water trails grant submitted in January. He stated that the applications scored very well and the feedback was positive, however, was not awarded any funding. Ackerson will reapply for this grant again next year, asking for a lower dollar amount. This particular grant will be used for signage. He also noted that he will be applying for another grant that is specifically designated for dam safety. It is, however, a 50% grant match, so the City would have to agree to provide the remaining 50% of this cost. This grant would provide for improvements to the spillway and make it easier for people to put in and take out in this area. Moved by Gustaveson, seconded by Raaz, to support the water trails grant application with a caveat that Kris Ackerson, Planning Department, will report back to the Commission in June 2009 with an update. Unanimous. Carol Sweeting, Iowa City Volunteer Coordinator, was present to discuss the "Take Me To The River" day on April 19 from 1-4 p.m. This event is set for volunteers to cleanup from the flood and to help create a safe dam portage on the Iowa River. Volunteers are to meet at the Iowa City Peninsula Park. This event is sponsored by the City of Iowa City, University of Iowa, Johnson County Conservation Board, IDNR, Johnson and Iowa County Watershed Coalition, and JCCOG. DOGPAC PRESENTATION/DISCUSSION OF SHARED AGREEMENT: DogPAC members were asked to present their report of income and expenses of the Thornberry Dog Park to the Commission. Krohmer noted that according to their report it appears that DogPAC spent $60,000 more than what was taken in. His understanding is that money going to DogPAC is to be used for maintenance. According to a report provided by Terry Robinson, the Parks Department is spending $23,000/year on maintenance for this park. Kohler mentioned that he would like to see all of the revenue from dog park fees go to the Parks and Recreation Department, while fees from events and fundraiser still go to DogPAC. He further noted that he feels that projects such as shelters, fencing, etc., for the parks would be better funded through the CIP plan, rather than through fee revenue. O'Leary noted that the dog park has been very successful and quite well received. He further noted that from a public relation standpoint, it is the duty of the Commission to make sure that these numbers add up. He noted that he had questioned this process from the beginning. He would like to hear more rationale for either keeping the split the same or changing it. Ditzler asked what the original thought was behind this agreement. Moran stated that the agreement states that "90% of the revenues generated from dog park fees which will be used to directly benefit the Thornberry Off-Leash Dog Park or development of other dog parks in the city, as agreed upon by the City" will go to JC DogPAC. Harris reported that at that time DogPAC had not received donation from Mr. Thornberry, so without City Council support, we needed a way to fund the construction and this contract allowed for that. Parks and Recreation Commission April 8, 2009 Page 3 of 6 Raaz asked what the $18,000 sponsorships noted on the report provided by DogPAC represent. Harris reported these are sponsors of different areas of the park. For example, Linder Tires gave $10,000 to put their name on a part of the park. Raaz asked if there has ever been an audit of their books. Harris reported that there has not. Some discussion ensued regarding other contracts with the City such as Boys Baseball, Girls Softball, etc. Moran reported that Parks and Recreation takes care of maintenance. These organizations do not give any revenue to Parks & Recreation other than for the development for such projects as the addition of lights or concession areas, etc. It was the consensus of the Commission that the report provided by DogPAC was somewhat confusing, and therefore, would like another report provided to them with more a detailed breakdown of expenditures and income. Parks & Recreation staff will also survey other dog parks to see how they handle their revenues. Both reports will be presented to Commission at their May 2009 meeting. Kohler clarified his statement that he would like revenue from dog park fees to go directly to the Parks and Recreation Department and not to the City's general fund. Commission members also asked staff to report on other affiliates and their contracts with the Parks & Recreation Department. IOWA CITY FARMERS_MARKET UPDATE: Moran updated Commission on the most recent activities of the Farmers Market. It was discovered when rewriting the market rules to accommodate the downtown market, and then forwarding them to the Legal Department for their review, that there is an ordinance in place that states that the farmers market is to be held in Chauncey Swan Ramp and Park only. It then became evident that an ordinance change was necessary and this would have to go before Council to be adopted. Previous to the Council Meeting on March 24, Council members had received numerous phone calls, emails, and letters opposing the move of the farmers market. It was determined by Council that the process in which this was handled was flawed and it was necessary to start the process over. Therefore, they voted the change of the ordinance down in a 7 to 0 vote. Since that Council meeting, the Farmers Market Steering Committee has met with the City Manager and it was determined that we would no longer move forward with moving the market this season due to the lack of time prior to the market season starting. It was also decided to start the process over with the Commission, public, vendors and staff all being involved. Gustaveson and Elliott both acknowledged their concern in the way that they felt that staff was made to look at the Council Meeting, feeling that blame for the flaw in the process was placed on the Parks and Recreation Department and on the Farmers Market Coordinator. Gustaveson stated that he would like to hear a public apology given to Tammy Neumann by the City Manager. Moran noted that this was discussed at the steering committee. Gustaveson did note that he appreciates Lombardo's desire to help the downtown businesses, however. Elliott stated that this should have been handled as a democracy and not as a private business and is disappointed in the way this has reflected badly on the Parks and Recreation Department. O'Leary noted that he recalls discussion previously at Commission meetings about moving the market and that there was some suggestion at that time about perhaps expanding out onto East Washington Street. O'Leary also noted that Lombardo clearly had a lot of energy and enthusiasm in doing something to expand the market; however, it is unfortunate that those directly involved were not part of the process. Parks and Recreation Commission April 8, 2009 Page 4 of 6 He feels that we can save face by working hand in hand with the vendors, the public, staff and the City Manager. Neumann noted that the Steering Committee had suggested to Lombardo that the market expand onto East Washington Street, however, he was not interested in this concept at the time, feeling that moving downtown was a more desirable location. Westefeld stated that he and Gustaveson will be discussing these concerns with the City Manager at the meeting they have scheduled with him on Thursday, April 9. NEIGHBORHOOD ASSOCIATION MEETINGS: Marcia Bollinger provided Moran with three dates for meetings. Members were asked to sign up for the dates they are available to attend and present. COMMISSION TIME: Raaz noted that he was in southern California for a few days and while there noted that they have a huge amount of bike lanes on their streets and even on their freeways. He also noted that when attending the bicycling planning meetings in Iowa City, that several cyclists asked why the Parks and Recreation Department were involved in discussing bicycling and not the JCCOG Transportation Planning Department. Raaz feels that this is a good point and that we should look further into getting that department involved. Krohmer stated that a street policy that the City recently adopted does address the transportation aspect of bicycling. Raaz noted that while this is true, it still has huge gaps. O'Leary wanted to reflect that we have a great Farmers Market and successful dog parks and looks forward to both improving and expanding and thinks that there are some great things on the horizon. Krohmer asked if there were any numbers available regarding littering citations on the Pedestrian Mall. Moran has put in a request but no response as of yet. Gustaveson mentioned that he has been visiting Rita's Ranch regularly and has been cleaning up dog waste. He took two grocery sacks out of the park on an earlier visit. However, more recently, he has noticed that with more usage, there has been less waste to pick up. It appears that people are monitoring each other. Gustaveson asked if Robinson could provide mutt mitts for this park. Robinson said he would do so. Loomer noted that the fundraiser for the Trueblood family was amazing and was so pleased with the turnout. CHAIRS REPORT Westefeld also mentioned how wonderful the benefit was for Terry and thanked staff for their work on this event. He also mentioned and commended staff for their work on the fishing pier at Waterworks Park. Parks and Recreation Commission April 8, 2009 Page 5 of 6 DIRECTOR'S REPORT Trueblood Fundraiser: Moran announced that the total money raised from the dinner is approaching $7,000. This, in combination with money previously raised, brings the total to approximately $15,000. He thanked everyone for their generosity. Master Plan: The council deferred consideration of the master plan until they have an opportunity to meet with the Commission. Moran passed around a signup sheet with four available dates for Commission members to meet with Council. Members were asked to sign up for dates they are available and Moran will get back to them on the chosen date. Budget: Department heads were asked to provide the City Manager with a prioritization list of services for their individual departments. This is in preparation for budget cutting decisions. This will be discussed at a future work session. This process is to be complete by June. Vision Iowa Grant: Matt Pacha, Foundation President, will be sending a letter out to donors regarding the Sand Lake Project and the status of the Vision Iowa Grant. In summary the funding has been moved back to FY' 11 for this project, however, some progress will be made at the Sand Lake site. However, due to this delay, we are no longer eligible to apply for the Vision Iowa Grant and will, therefore, withdraw the application at this time. In order to remain eligible for the grant, the funds that have been donated cannot be spent towards the project at this time. These funds will remain in a separate Foundation account designated for this project. Splash Pad: Moran stated that the requests for proposal for the Wetherby Splash Pad are due by April 28, 2009. Summer Cam~Prog~am: Moran noted that there are some changes being made to the Parks & Recreation Summer Camp Program this year. In past years our summer camp program ends after the first week in August. This year we will be offering bus trips for kids the last two to three weeks before school begins as many parents are still needing care for their kids those last few weeks of summer Moved by Raaz, seconded by Gustaveson to adjourn at 7:00 p.m. Unanimous. Parks and Recreation Commission April 8, 2009 Page 6 of 6 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 2009 NAME TERM ~ .~ ~ r, ~ ~ r~ o ~ ca ~ ~ ^' o~ \ EXPI RES _ David Bour eois 1/1/1 ] X O/E X O/E Lorin Ditzler 1/1/13 X X X X Maggie Elliott 1/1/13 X X X X Craig Gustaveson 1/ 1/ 11 O/E X X X Aaron Krohmer 1/1/13 O/E X X X _ Margaret Loomer 1/1/12 X O/E X X _ Ryan O'Lea 1/1/10 X X O/E X _. Jerry Raaz 1/1/12 X X X X John Westefeld 1/1/10 X X X X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting LQ = No meeting due to lack of quorum IOWA CITY HUMAN RIGHTS COMMISSION TUESDAY, April 21, 2009 LOBBY CONFERENCE ROOM, CITY HALL IP8 Members Present: Newman Abuissa, Dianne Day, Wangui Gathua, Dell Briggs, Eric Kusiak. Staff Present: Others Present: Stefanie Bowers. Libris Fidelis. Call to Order Abuissa called the meeting to order at 18:07 p.m. Recommendations to Council (Become effective only after. epar-ate Council action) Consideration of the Minutes of the March 24, 2009 Meeting Motion: Gathua, seconded Briggs. Minutes approved 5-0. JuILr 4 Parade Commissioners decided to participate in the July 4th parade. Gathua, Abussia, Day and Kusiak will be the representatives of the Commission for the parade. Motion: Kusiak, seconded Day. Passed: 5-0. Mission Statement Commissioners worked on a mission statement. Bowers. will present three draft statements to the Commission at the next meeting. Bowers also clarified the role of staff versus the role of the Commission. Programming 2009 The Commission will host Preventing Sexual Harassment in the Workplace on April 24th. The Youth Awards will be held May 6th, 96 youth will be recognized. Commissioners are to report no later than 5:30 on that day. A Givil Society will be held April 30th at the IMU, Day and Abuissa will attend. Diversity Dialogues will be held in June, Bowers will have more information at the next meeting concerning this program.. The Building Blocks Job Fair will be held on April 28th at Eastdale Plaza any Commissioners who are available should plan on attending. Commissioners will continue to work on a program :for airing on City Channel 4 as well as review possible films for future viewings. Reports of Commissioners Gathua reported that she was. recognized on April 1st and showed Commissioners a news clipping from the Daily Iowan of her receiving the Award. Day mentioned a film series she has been attending as well as a program hosted by Diversity Focus. Abussia reported on an upcoming exhibit entitled Arab Series at the Cedar Rapids Art Museum on April 25th. Kusiak mentioned how happy he was with the decision in Varnum v.8rien. Adjournment There being no further business before the Commission, the meeting was adjourned at 19:27. Motion: Kusiak, seconded by Day. Passed: 5-0. Human Rights Commission ATTENDANCE RECORD YEAR 2009 lMccf•inrT T)ai-P) NAME TERM EXP. 1/27 2/24 3124 4/21 5/19 6/16 7/21 8/18 9/15 10/20 11/17 12/15 Newman Abuissa 1/1/10 P P X X Joy Kross 1/1/10 A A R R Eric Kusiak 1/1/10 A P X X Dell Briggs 1/1/11 P P X X Yolanda Spears 1/1/11 P P X A Corey Stoglin 1/1/11 A A A A Dianne Day 1/1/12 P P X X Wangui Gathua 1/1/12 P P X X Martha Lubaroff 1/1/12 A P X A _ -- , KEY: P =Present A =Absent NM = No meeting NMNQ = No meeting, no quorum R =Resigned IP9 MINUTES PRELIMINARY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 16, 2009 - 6:30 PM LOBBY CONFERENCE ROOM, CITY HALL Members Present: Stephen Crane, Charlie Drum, Holly Jane Hart, Michael McKay, Rebecca McMurray Members Absent: Marcy DeFrance, Andy Douglas, Brian Richman, Michael Shaw, Staff Present: Tracy Hightshoe Others Present: Kristin Watson, Libris Fidgelis RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action): The Commission voted 5-0 (Richman, Shaw, DeFrance and Douglas absent) to recommend approval of the FY 10 Action Plan and FY09 Annual Action Plan Amendment to the City Council. CALL TO ORDER: The meeting was called to order at 6:30 p.m. Charlie Drum chaired the meeting. APPROVAL OF THE MARCH 12 AND MARCH 26, 2009 MINUTES: Crane motioned to approve the minutes. McKay seconded the motion. The motion to approve the minutes passed 5-0 (Richman, Shaw, DeFrance and Douglas absent). PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: None. STAFF/COMMISSION COMMENT: None. FAIR HOUSING PRESENTATION BY THE IOWA CITY HUMAN RIGHTS DEPARTMENT; Hightshoe introduced Kristin Watson, Human Rights Investigator, for the City of Iowa City. Hightshoe noted that the City's Affirmative Marketing Plan encourages coordination with the Human Rights Department to educate commissions on fair housing laws. Watson noted that the federal Fair Housing Act came out of the Civil Rights Act of 1964. The initial Civil Rights Act did not address housing issues, though the idea had been discussed and President HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 16, 2009 MEETING ROOM A, IOWA CITY PUBLIC L[BRARY Page 2 of 8 Lyndon Johnson supported its inclusion. After Martin Luther King, Jr., was assassinated in 1968, there was finally enough momentum for the passage of a Fair Housing Act to address discrimination in housing matters. Watson said that the Housing Act was needed because there were both overt acts of discrimination in housing as well as policies with unintended discriminatory tendencies. Watson said that Iowa itself had a surprisingly progressive civil rights history. Iowa state courts outlawed segregation in the schools over 50 years before Brown vs. Board of Education outlawed segregation nationwide. Watson noted that Iowa was also the first state to admit a woman to the Bar, requiring the removal of "white" and "male" as admission standards to the Bar. Watson said that Iowa courts refused to acknowledge the property rights of slave-owners, and refused to return runaway slaves to their masters based on that view. Watson said that while Iowa's history does possess landmark civil rights moments, the state has not entirely escaped issues of discrimination in housing. The 2000 census found that almost a quarter of Iowa's 99 counties have less than 15 black residents. Watson acknowledged that there are a number of factors that converge to create segregated communities. She said that it was not uncommon in the past to have racially restrictive covenants on property which barred the sale of the property to non- whites. Watson said that it was also not uncommon to have covenants restrict on the basis of religion as well, requiring that a property be sold only to a Christian. It was 1948 before the Supreme Court outlawed such restrictive covenants. Watson noted that some discriminatory practices were not so overt, and were sometimes intended to be positives but had negative consequences. In the 1930's, Watson said, the U.S. Housing Authority was created in response to the Great Depression. This would seem to be a good thing, providing housing for poor people; however, the housing developments created by the authority were segregated by race. Another example is demonstrated by real estate appraisals which calculated racially integrated neighborhoods as a "risk factor" to property values and mortgage defaults. Watson acknowledged that this could often times be true; these properties were at greater risk of default and property devaluation because poorer people tended to live in more diverse neighborhoods, creating a negative cycle. Watson said the practice of "red-lining" neighborhoods by drawing a red line around them and saying that they were bad loan risks had discriminatory repercussions because they were very often non-white neighborhoods. Watson said that statistics from the Department of Housing and Urban Development (HUD) show that between 1934 and 1968, 98% of federally approved mortgages were granted to whites. Watson noted that this was also a time period where almost 50% of all mortgages were backed by federal agencies, making it clear that it was very, very difficult to borrow money for a home for non-whites. In the 1970's, well-intentioned urban renewal projects displaced many, many poor non-white people. The homes that tended to be torn down were single family homes and duplexes whereas the homes they were replaced with were large-scale housing projects. Watson discussed a phenomenon studied by a sociologist named James Lohen called "Sundown Towns;" these were towns that posted signs stating that non-whites were not allowed to be in town after sundown. Lohen found that there were over 400 of these towns in Illinois and 44 in Iowa. Watson said that in the Midwest the target of these laws were primarily African Americans, whereas in the West they were often directed against those of Asian descent. Watson said it is easy to see that there are presently neighborhoods that are white and non-white, but that it takes a more thorough examination of the history of housing to understand how this came to be. Watson noted that increasingly neighborhoods are not segregated just by race, but also by HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 16, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 3 of 8 economic class. She said there are a disproportionate number of non-white people living in distressed neighborhoods. Watson explained that as a federal law, the Fair Housing Act offers greater authority than state or local laws which can differ from federal law but cannot conflict with it. The Fair Housing Act prohibits discrimination on the basis of race, color, national origin, age, familial status and disability. Watson noted that familial status and disability were not added until 1988. The act requires that federal agencies affirmatively further fair housing policies, something unique in civil rights law. Whenever a federal agency does something official related to housing they have to assess the racial impact and affirmatively promote integration in federal housing policy. The State of Iowa adds to the federal housing act by protecting religion, creed, sex, sexual orientation, gender identity and retaliation from housing discrimination. Iowa City includes a provision to protect those with public assistance as a source of income from being discriminated against in housing. Watson said that the public assistance income source is an issue of much policy debate at the national level when it comes to housing discrimination. Watson said that housing discrimination is basically any adverse action that you take in the realm of housing based on the protected classes outlined in the law, such as: refusing to rent or sell to a person because of their protected class, representing that an available apartment really is not available, showing homes or apartments only in certain neighborhoods based on who the person is, setting different terms and conditions based on a person's protected status. Watson noted that religious institutions can discriminate on the basis of religion without violating the law; for example, a monastery can say that those not of their religious order cannot live on the premises but could not say that African American monks of the same faith could not. The State of Iowa has determined that if a landlord has fewer than three units and is owner-occupied then that property owner can discriminate. The logic behind this is that the owner can choose who they wish to have living with them. Amore common exception is that of elderly housing units, where renters must be of a certain age before they can live in a building. Watson said that at some level this is just a public policy decision. She said that her office received a call the other day from a disabled individual who wanted to live in an assisted living facility because of the services offered but could not because she was not old enough. In this case, because the housing was for seniors, the young disabled person can be denied housing based on that individual's age. Watson said there is also an exception in an Iowa state code for transient housing, such as hotel occupancy; Watson said she did not understand this exception because discrimination in these instances would be covered by public accommodations code. Watson said that recent research shows that a lot of discrimination still exists though it has grown more subtle. The most recent national study done by HUD in 2000 found that non-white people were routinely steered to certain neighborhoods. Watson relayed an example in Iowa City where after she and her husband had decided against a certain house the realtor suggested that the neighborhood might not have been an appropriate one for an attorney. HUD also found that non-white people who applied for loans were routinely given less information than white people, offered fewer financial products, and were steered toward non-standard loans. Watson said that the latest Southern Poverty Law Center Intelligence Report reported on a piece of information that went viral on the Internet which blamed illegal immigrants for the current housing crisis. Watson said that hate groups have political agendas and get out and lobby just as legitimate groups do, and that the Internet is just as powerful a tool for them as it is for others without hate agendas. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 16, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 4 of 8 Watson said that economic discrimination is on the rise. Iowa City is one of the few areas that has a clause protecting individuals from housing discrimination based on their incomes from public assistance. In most areas of the country it is perfectly legal to say to a renter that you will not rent to them because they are on public assistance. Watson said that there is a rise in discriminatory advertising with the advent of the internet. Because there are laws that protect internet providers from being sued for the content of third parties there are now discriminatory advertisements on sites such as Craig's List. This is an emerging issue in bigger cities, as is the issue of cooperative housing. Co-ops are not presently required to publish standards and so it is difficult to ascertain whether or not an applicant has been denied on the basis of discrimination. McKay asked how long Iowa City has had a statute barring discrimination based on public assistance income. Watson said she was not sure. She noted that it was still perfectly within a landlord's rights to determine whether or not they wished to accept Section 8 rental assistance, as a landlord cannot be forced to allow Section 8. However, if a person can demonstrably afford an apartment, a landlord cannot deny housing based on the person having public assistance as their income type. Fidelis noted that a lot of landlord's steer clear of Section 8 because the government keeps cutting it out, whereas if one goes through the HUD rent assistance program cuts are not made. The speaker maintained that the government is trying to get rid of Section 8, and that he was told by the City that he would get an apartment much faster if he would go through HUD subsidized housing than he would on Section 8. Watson said that all of these issues are intersecting. Watson said that the Human Rights Office processes complaints received by the public and investigates to see whether or not there is probable cause to believe that discrimination has occurred. Watson said that anyone can file a complaint and that it is a very accessible process; people can download forms, call in to have then sent, or drop by to pick one up. Watson noted that the department is limited in its scope to the boundaries of Iowa City. She said her office can assist those in other areas with filling out a State of Iowa complaint form, but cannot otherwise help people outside their jurisdiction. McKay asked what the data said about the number of cases for which there seemed to be probable cause to believe discrimination had occurred. Watson said that because the standards for determining discrimination are set so high, the number of actionable complaints is very low. She said that there has been a lot of conservatism in the courts that have narrowed the standards, and that it is very hard for a plaintiff to win a discrimination suit. More often, Watson said, there are actions the office deems to be suspicious and does not like, but does not fit the legal standard for discrimination. Watson said that frequently the office sends out friendly warning letters. She offered as an example a letter that was sent out advising a landlord that an ad he had placed saying "no children" allowed was not legal. Proceeding to court action on probable cause is pretty rare, Watson said. Hightshoe asked Watson what the most common complaint received by her office was. Watson replied that the most common complaints received by her office concerned discrimination in employment, followed by complaints concerning public accommodation. Crane asked if age discrimination in employment was an issue. Watson said that age is an issue, as is race, sexual orientation, and sex. Hightshoe asked if it is harder to establish probable cause in such employment HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL ib, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 5 of 8 complaints than it is for housing. Watson said they were about the same, although she noted that there is a new law that says that the courts have been wrong on disability issues and that the laws need to be more strictly enforced. Crane asked if the caseload has gone up in the last few years. Watson said she did not know the answer to that question, as she had been with the City for two years and her workload has been about the same. Watson noted that the State of Iowa tends to take the interesting housing cases away and investigate it themselves. Watson said that each case must be cross-filed with the State, who then sometimes cross-files employment complaints (depending on whether the standards have been met or not) with the Equal Opportunity Commission (EOC). Watson provided handouts for Commission members which listed standards and resources they could consult. Crane asked how many investigators were in the Human Rights Office. Watson replied that there was only one at present as they had a vacancy. She noted that the Coordinator also investigates cases in addition to her administrative duties. Watson was asked what family status actually meant when it came to housing discrimination, and she replied that it generally meant the presence or absence of dependents and/or children. She said that some landlords would prefer not to rent to people with children. There were no further questions from the Commission and Watson concluded her presentation. REVIEW OF THE FY10 ANNUAL ACTION PLAN AND FY09 ANNUAL ACTION PLAN AMENDMENT: Hightshoe noted that a copy of these plans had been provided in the packets distributed to the Commissioners. McMurray asked why Shelter House and Home Ties were funded in the FY09 Action Plan. Hightshoe replied that this was because HUD requested that the stimulus funds be spent as soon as possible and advised to proceed with a FY09 Annual Action Plan amendment. McMurray said she was just confirming that the funds were actually 2009 stimulus money. Hightshoe explained that the Annual Action plan contains the Housing and Community Development Commission's (HCDC) budget, certifications, history, and a breakdown of each project. Hightshoe explained that the Commission reviews the plan, requests revisions if necessary, and makes a recommendation to forward it to City Council for approval. Hart asked if this was the plan in which the Commission needed to break down its goals and priorities. Hightshoe said this would be done with the beginning of the next five-year plan, with the 2011 allocation cycle. She said the new 5- year Consolidated Plan will contain more detail than previous plans and the City's goals will be translated to identifiable action steps that indicate number of units to be assisted for different income groups, number and possibly type of public facilities assisted, etc. Hightshoe said that the first five year plan had set overly-optimistic goals, and that the new five year plan will be more realistic and will be based on the prior five years numbers so that projections are more accurate. Crane motioned to recommend approval of the FY10 Annual Action Plan and FY09 Annual Action Plan Amendment to City Council. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 16, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 6 of 8 McKay seconded. The motion carried 5-0 (Richman, Shaw, DeFrance, and Douglas absent). DISCUSSION OF FY09 PROJECTS THAT HAVE NOT PERFORMED PER THE UNSUCCESSFUL OR DELAYED PROJECTS POLICY: Hightshoe provided an update on these projects. Hightshoe explained that for Community Development Block Grant (CDBG) funds the City is evaluated by HUD fora "timeliness" factor. As a result, the City encourages funding recipients to get their projects out there and get them completed in the shortest amount of time. CDBG applicants are encouraged to spend at least 50% of their award by March 15`". There are three projects that have not met that threshold. The Free Medical Clinic is running up against problems with their purchase of the property they currently lease. There is a discrepancy between the appraisal and the purchase price. Hightshoe said that negotiations are ongoing and getting closer. Hightshoe said that as long as a price can be agreed upon, the Free Medical Clinic will proceed with the purchase. The Neighborhood Centers of Johnson County had been allocated $14,600 for window replacement. Hightshoe said that the bids had been sent out, and that they do intend to have the project done by June 151. The Domestic Violence Intervention Program has begun their bathroom project, and will be finished by the end of the fiscal year. Hightshoe said she did not believe any of the agencies were at the point where they were not going to finish by the end of the fiscal year. The consensus of the commission were to allow all the projects to proceed with staff providing updates on the status if any further delays. REVIEW OF THE FY10 ALLOCATON PROCESS: Hightshoe said that some years a subcommittee has been set up after the allocation process and other years the Commission has simply taken comments regarding that year's allocation process. With the new Consolidated Plan, a.k.a. CITY STEPS coming, Hightshoe said, the process will be reviewed again. Drum said that last year he had had some recommendations. He said that he still felt there was some information that Staff could get for the Commission to help them focus on the facts of what was to be decided. Hart commented that she knew that some of the Commissioners found the ratings forms to be very useful even if they did not follow them exactly. Drum said that he felt the ratings forms were very useful and that it was also very helpful to see what other Commissioners came up with. Crane said that he had served on the subcommittee and he felt that Drum's point was getting at whether a priority was marked as "high" or "low" and if that could just be stated by Staff. Crane acknowledged that some of the criteria came down to Commissioner judgment. Drum said it would be helpful to know if the applicant took a workshop; Crane agreed. Crane said he felt the allocation process went pretty well this year. McKay said he thought the process was rather straightforward and intuitive. McMurray said that she felt the organization of the process was very good this year; Crane pointed HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 16, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 7 of 8 out that this was especially impressive given the incredible amount of work generated for Long and Hightshoe by the flood. DISCUSSION OF THE COMMUNITY DEVELOPMENT CELEBRATION: Hightshoe said that last year's community development celebration was cancelled due to the floods, though Four Oaks had really wanted to host the event. Hightshoe said they had offered a nice venue for such a celebration. Hightshoe said that hopefully this year would be less busy than last year and a committee could be put together to come up with something. Hightshoe asked if those on the committee for the affordable housing event would like to join together with the committee for a celebration. Drum said he had no objection to that. McKay asked what was typically involved. Typically, Hightshoe said, the celebration attempts to highlight projects funded by CDBG/HOME funds and what the money has done in the community. There is typically a featured speaker, big checks are presented to the FY10 recipients, and there is an ongoing power-point presentation. There was some discussion that the expense of the over-sized checks could be done away with and "virtual" checks could be presented to recipients instead. Hightshoe said she would check to see if there is an intern available to do the mailings and notifications involved. Drum and McMurray agreed to be on the committee. Douglas is on the affordable housing committee and so was volunteered by his colleagues for this one as well. MONITORING REPORTS: Iowa City Free Medical Clinic -Building Acquisition & Operations (Richman): Hightshoe presented Richman's report during the portion of the meeting that discussed at-risk FY09 projects. MECCA -Facility Rehabilitation (DeFrance): DeFrance reported via written communication to Hightshoe that the project is complete and that both restrooms have new flooring, paint, counters, new walls for the stalls, new faucets and repairs to damaged drywall. The project is closed out. Iowa City Housing Authority - FY06 & 07 Tenant Based Rental Assistance (Shaw): Shaw had informed Hightshoe that he would be getting in touch with Steve Rackis and reporting to the Commission next month. ADJOURNMENT: McKay motioned to adjourn. Crane seconded. The motion carried 5-0 (Richman, Shaw, DeFrance and Douglas absent). c O .N N .~ O U c ~~ o a~i 'm ~ > ~ d ~ C ~' 'a C = 7 ~ ~a 0 U o!S c .y O 2 O O N ~ x o o x x x x o o N X X X X X X p X X M M X ~ X X X X X X X °' x x o x x x x x x j Z Z Z Z Z Z Z Z Z N X ~ X X ~ X ~ X X N rn O rn O r r o r o r r r r r o r rn 0 ~ .~ r r r r r r r r r N ~ X W 0 ~ O 0 ~ d) 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 0 0 0 0 0 0 0 0 U ~ N N U N ~ C - ~ ~ C •~ ~ -' t ~ ~ 'C N ~ L m V ~ U c vi (~ - o ~ _ ~ ~ ~ ~ ai c `~° IL `-° ~ = ~ ~ ~ 3 N Z ~ U N ~ O ~ ~ ~ (0 2 U ~ ~ ~ U ~ L (n a N ~ ~ W'~N c ~~ a~i~ C N~a>~ro ~~~ 0 0 aQQZz u n u n n A W i YXOOZ IP10 MINUTES PRELIMINARY PUBLIC ART ADVISORY COMMITTEE THURSDAY, APRIL 2 2009 LOBBY CONFERENCE ROOM -CITY HALL Members Present: Jan Finlayson, Dalayne Williamson, Ann Kahn, Rick Fosse, Patrick Carney, Terry Robinson Members Absent: Mark Seabold Staff Present: Marcia Bollinger, Jeff Davidson, Nate Kabat Public Present: Melissa Mitchell, interested party RECOMMENDATIONS TO CITY COUNCIL Recommend approval of reallocating $1000 from the Wetherby Shelter mural project to supporting a mural to be painted on the Creekside Park shelter along with the completion of the Wetherby Shelter ceiling. The project will be lead by Daniel Kinney with assistance from students of Tate High School, surrounding elementary schools and residents of Creekside Neighborhood Association. Moved by Finlayson. Seconded by Kahn. Motion passed 6:0. CALL TO ORDER Finlayson called the meeting to order at 3:05 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA None CONSIDERATION OF THE MINUTES OF THE MARCH 5, 2009 MEETING MOTION: Fosse moved to approve the minutes; Robinson seconded. The motion passed 6:0. REVIEW SUBMISSIONS FOR THE DOWNTOWN IOWA SCULPTOR'S SHOWCASE Bollinger passed out submission from three artists. She noted the chosen artist would receive a $500 honorarium. The dedication would be on the Saturday of Artsfest and the sculpture will remain on the showcase pad for a full year. Jerry Cowger: Proposed Banjolin, a 9' x 4' x 42" brass sculpture representing a musical instrument similar to a banjo or violin. Cowger has participated in the showcase before. Jason Messier: Proposed Simple Flight, a 3' square steel powder coated sculpture representing a bobber with a dragonfly on top. Michael Tschampl: Proposed Surrender, a 24" tall, 12-14" wide carved granite sculpture, which in the words of the artist is, "representing a masculine figure that is displaying a feminine relationship, both spiritual and emotional." Public Art Advisory Committee Thursday, April 2, 2009 Page 2 of 4 Robinson said he was concerned about securing Surrender to the showcase pad. Bollinger said securing the piece is the responsibility of the artist. Kahn said she liked Banjolin, Williamson agreed the piece would fit well with the Friday Night Concert Series. Williamson asked if the pieces are ever vandalized. Bollinger said there have been no significant problems in the past. The committee agreed the Cowger piece would be the best fit for the showcase pad. UPDATE ON WATERWORKS PRAIRIE PARK SCULPTURE Bollinger explained the City Council agreed to defer a decision on the sculpture, but would like to reconsider the contract with Dale Merrill. The City Council is planning to propose paying $5,000 to Merrill for breach of contract on July 1S`, 2009 and another $5,000 would be paid on July 1S`, 2010. Merrill would consider $5,000 of the total $10,000 as a down payment on the sculpture to be completed at a later date. Davidson added this is a relatively good solution for both sides. Bollinger said delaying the project will allow the Committee time to pursue further private partnerships in the project. Fosse said this situation provides some lessons for the Committee's future decision making. He said the Committee should be more sensitive in the future of economic conditions when considering projects. Fosse noted early on in the Committee's existence a lot of emphasis was put on ensuring a project would not go sour in the public's opinion. He said this emphasis should not be forgotten. Finlayson suggested had the timing been different the project may have been less controversial. Davidson agreed saying the perfect storm of the contentious firefighter issue, the sales tax referendum and the City's budget situation makes public art seem less important right now. Bollinger said private participation and contributions to the project will now be essential to the project moving forward. Davidson agreed saying many people do not believe public funds should support art at all. Bollinger said all in all she believes the Committee came out of the issue as good as possible. UPDATE ON TATE HIGH SCHOOL MURAL PROJECT Bollinger explained the last project was a huge success. Dan Kinney planned to do a mural similar to the one he had completed in Minneapolis. The neighborhood was not excited about that idea because they thought they shelter might have enough murals and would rather have murals more reflective of the neighborhood. As a result, Bollinger approached the Creekside neighborhood about doing a mural in the Creekside Park Shelter. Kinney liked the Creekside idea since it is so close to Tate High School and the neighborhood was excited about the project as well. The mural project will involve students as well as residents of the Creekside Neighborhood. Kinney is working to personalize the design and students will paint with residents on a weekly basis. Kahn said she is glad the Wetherby Neighborhood spoke up about their dislike of the plan and she is glad it worked out for Creekside as well. She is excited about the idea of students being involved along with neighborhood residents. Fosse said everyone involved needs to understand that the mural is not permanent and the Creekside Shelter will likely be replaced in the next few years. Robinson agreed with Fosse an added the Creekside shelter still has a few years left in it. Bollinger explained since the $1,000 approved at the last meeting was intended for Wetherby, the Committee needs to make a revised motion to include the Creekside Shelter. Public Art Advisory Committee Thursday, April 2, 2009 Page 3 of 4 MOTION: William moved to recommend reallocating $1000 from the Wetherby Shelter mural project to supporting a mural at the Creekside Park Shelter and completion of the Wetherby Park Shelter ceiling. Seconded by Finlayson. Motion passed 6:0. ARTSFEST - KIDSTENT Bollinger said a formal invitation to artists to participate in the Kidztent would be completed and made public in about a week. The project is moving along well COMMITTEE TIME/UPDATES Bollinger informed the committee that the Poetry in Public Art Project is moving along well. The wall at the US Bank Building and Drive thru area is the likely location to display the selected poems and corresponding art. Kabat told the committee that art submissions for this project are due on May 8th and the poets will be responsible for selecting the artwork. Bollinger announced the Lemme Leopard will be unveiled on May 22"d at 9:00 a.m. The University of Iowa Steel Drum Band will be providing entertainment. Robinson offered that the concrete block wall on the East side of the Mercer Park old pool building would be a great place for future mural projects. That wall attracts a lot of graffiti and is very close to Tate and South East Junior High. ADJOURNMENT Fosse motioned to adjourn; Carney seconded. Meeting adjourned at 3:42 pm. Next meeting scheduled for May 7, 2009. Minutes submitted by Nate Kabat. o °' Uo N O N ~ _ .> .Q Q Q ~ ~ ~^ o U ~ ~ ~ 7 ~ 7 ~ f0 a~-a a~ ... ~ 'O O tr v U ~ a O~ •~ u O ~ C N ^C ~ C V ... ... D a ~ ~ ~ O ~ ~ ~ M X ~ ~ ~ ~ O O ~ ~C ~C ~C ~C ~C N ~ ~ ~ ~ ~ Q .-~ ~ --+ N ~--~ O N N ~, .-~ ~ .--~ ~ ~ ~ .-.. ~ r-+ ~ N O O O O O [ X ~ ~ ~ ~ ~ W .-~ ,-~ .-. .-~ .-. O O O O O C O ~ C~ ~" ~ ..r ~ ~ ~ ~, I W .r ~ ~. ~ ~ ~ U ~ o c , a ~ ~ a N C~ G~ FT I '1' i ~ ..r ~ ~ a O ~, ~ ~, ~ ~ ~ ~ z C ~ ~ A ~ ~ a a H 'C U X ~ ~ ~ A-~ ~ ~ ~~ ~~ ~~ MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION APRIL 16, 2009 - 7:30 PM -FORMAL CITY HALL, EMMA J. HARVAT HALL MEMBERS PRESENT: Ann Freerks, Josh Busard, Charlie Eastham, Elizabeth Koppes, Tim Weitzel, Michelle Payne MEMBERS ABSENT: Wally Plahutnik STAFF PRESENT: Bob Miklo, Karen Howard, Sara Greenwood Hektoen OTHERS PRESENT: Sarah Hansen, Dana Figlock, Tom Walz, Libris Fidelis, Peter Nathan RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 6-0 to approve amendments to the Zoning Code regulating Drinking Establishments and Alcohol Sales-Oriented Retail Uses and to establish minimum spacing requirements of 500 feet between Drinking Establishments and 1000 feet between Alcohol Sales- Oriented Uses. CALL TO ORDER: The meeting was called to order at 7:33 p.m. by Chairperson Ann Freerks. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. ZONING CODE ITEMS: Discussion of amendments to the Zoning Code to regulate Drinking Establishments and Alcohol Sales Oriented Retail Uses and to establish minimum spacing requirements between such uses. Howard briefly summarized the matter before the Commission. She said the goal was to reduce or prevent the concentration of bars and liquor stores in the community, particularly in the downtown area. She stated that the City Council had directed Staff to draft regulations with the goal of reducing the concentration of bars and liquor stores in the community, particularly in the downtown area. The draft regulations require a separation of 500 feet between bars and 1,000 feet between new liquor stores. Howard said the goals and policies of downtown according to the Comprehensive Plan and the Zoning Code support reducing the concentration of bars and liquor stores. She said one of the stated goals of the Comprehensive Plan is to encourage continued investment in the downtown and to assure its place in the community as a cultural and commercial center. She said in the Zoning Code it states that the purpose of the Central Business Zone is a high density, compact pedestrian-oriented shopping, office, service, and entertainment area in Iowa City. It is intended to accommodate awide-range of retail, service, office, and residential uses. Howard said there is a concern that the concentration of alcohol- Planning and Zoning Commission April 16, 2009 -Formal Page 2 related uses such as bars and liquor stores predominate to the extent that it is preventing a diversity and balance of other uses that ensure a healthy economy in downtown as envisioned by the Comprehensive Plan and the Zoning Code. She said that was also confirmed by a market study recently done for downtown. The consultants who performed this study said Iowa City needs to do a better job diversifying uses downtown, that there is too much of this single use. Howard showed a visual aid representing the approximately 50% increase in Class C liquor licenses issued for the area in the last ten years. Howard said the Staff recommendation is to: 1) Establish either a 250 or 500 foot separation between any new drinking establishments throughout the community in any commercial zone where they are allowed. She said that in staff's view either 250 ft or 500 ft. separation standard would be effective in meeting the goals of the City Council. 2) To establish a minimum of 1000 foot separation between alcohol sales oriented uses, i.e. liquor stores and convenience stores, but establishing this regulation just in the central business zones which are comprised of the C610, CB5, and CB2 zones. Howard said she would discuss the specific definitions of "drinking establishment" and "alcohol sales- oriented retail" if there were questions. Eastham asked about the reasoning behind proposed regulations which identify a establishing greater regulation citywide for drinking establishments versus just regulating liquor stores in the downtown area. Eastham identified the CN1, CH1, and CC2 zones as zones which would be regulated for drinking establishments but not for alcohol retail uses. He asked about the possibility of limiting the regulation of drinking establishments to the smaller number of zones predominantly found in the downtown area and if there was a rationale for expanding the limitation of that use in other zones. Howard said the request from Council was to consider citywide regulations. She said, therefore, the different definitions used to define what a drinking establishment is and what a liquor store is informed the decision to reduce the number of zones impacted. Staff defined a drinking establishment as a business: 1) whose principal activity is eating and/or drinking, 2) is licensed by the State to sell alcohol for consumption on-site, and 3) is open on a regular basis anytime between the hours of midnight and 2:00 a.m. Howard said by not using a "Percentage of Sales" to define drinking establishments the regulations would be easy to implement citywide as requested by council, would not require much administrative time, nor would they cause difficulty for businesses to be classified. Howard said for liquor stores, however, "Percentage of Sales" was an element of the definition and therefore could be burdensome for some businesses, including grocery stores, which would have to submit income statements to the city every year when obtaining a liquor license. She said that staff felt that it was a rather heavy regulatory burden to place on these businesses given that there has not been much evidence of a concentration of liquor stores in other parts of the community. Freerks asked if there were other questions for Staff from the Commission. As there were none, she opened the public hearing. Sarah Hansen, Associate Director for Education at the University of Iowa Student Health Service, spoke about research on alcohol showing the relationship between outlet density, alcohol consumption, and alcohol related consequences. She felt this information could assist the Commission when considering alcohol regulations. She summarized two research approaches: 1) Research can focus on a point in time and might look at the number of establishments or consumption, for example Iowa City in 1995, or; 2) Research can look at a community over time. Hansen referred to earlier staff slide showing increase in alcohol licenses over the last ten years as an example. Hansen said she will address first the relationship between alcohol establishment density and alcohol consumption, then on alcohol establishment density and the consequences, specifically its relationship to violence. There have been a lot of studies on outlet density and consumption and most have shown that in areas with greater density there is greater consumption. She said not all studies have shown that, and some research shows it makes a difference what role the establishment plays within the community. She said if the establishment is used mainly for cultural gathering or aspects of the neighborhood they may not necessarily be associated with an increase in consumption. However, she said, on the whole, research does support the relationship. Hansen said Iowa City was a part of a study that looked at Planning and Zoning Commission April 16, 2009 -Formal Page 3 college towns and high outlet density. She said that study did find that towns with high outlet density experienced college students with heavier drinking, more alcohol-related negative consequences, and more frequent drinking overall. She said greater alcohol outlet density is also associated with higher consumption at younger demographics, though she noted there are other factors for that as well. Hansen said perhaps the strongest relationship in research literature is between high outlet density and violence and crimes in communities. She said there is a very strong relationship over time and as density increases communities can expect more crime of various types, including assaults, crimes against property, vandalism, theft, and more serious crimes. She said this has been studied in various ways, including zip codes, street blocks, city blocks, census tracts, neighborhoods and across all those measurements the relationship is clear that neighborhoods with greater alcohol outlet density experience more negative consequences. She said it is not known why that happens but research supports many reasons. Hansen pointed out it can be the result of the sheer number of people in a given area, the effects of alcohol on lowering inhibitions, and the area providing opportunity for perpetrators of crime. She said, as an example, an individual inclined to start a fight probably would not choose Sycamore Mall because it would be clear who the instigator was. In a downtown area, however, where many people are present, many are already under the influence of alcohol, and some individuals might already be loud, an individual might be more likely to engage in certain negative behaviors, and would possibly benefit from a certain degree of anonymity within the crowd. Hansen gave specific research examples of how outlet density increases impact crime. She said for a study of L.A. County including with populations over 10,000 a town of about 50,000 could expect with each additional alcohol outlet about 3.4 additional assaults per year. Similar research in Cleveland which looked at the city block level and multiple crimes found that every crime type increased as alcohol outlet density increased and each added outlet per block would add about 3.3 crimes per year per block. Hansen said there are also medical and health consequences to the density of alcohol outlets. She said a study in California determined that transports to Emergency Rooms increased with the density of outlets. She said that outlet density also changes community norms, what is accepted and what is not. Hansen concluded with what is still unknown about zoning and outlet density. She said the Center for Disease Control does recommend regulating the density of alcohol outlets as a strategy for addressing problems associated with alcohol use in communities but that more research is needed which looks at change over time. She said it is also hard to predict what improvements can be expected by a community at one level of outlet density by decreasing to a lower level of outlet density because density and changes in zoning take many years to take place and research hasn't been done long enough to document positive changes. Hansen turned over the floor to colleague Dana Figlock and mentioned that Dr. Peter Nathan was here to answer questions as well. Figlock, a graduate student in Clinical Psychology focusing on binge drinking, presented some of her master's thesis research. She said that while looking at very high binge drinking rates she wondered whether there were any specific social or contextual factors unique to Iowa City that might be associated with high rates of binge drinking. She said outlet density was one of the factors she looked at. She pointed to slide showing Class C liquor licenses issued in the CB10 zone. In 1983 18 licenses were issued, in 2005 when she stopped collecting 43 licenses were issued. She said she thought she heard that in 2009 54 licenses were issued establishing a pretty sharp increase over 26 years not commensurate with the student body increase at the University of Iowa. Figlock said she also wondered whether increased outlet density would result in increased levels of alcohol consumption. She said because it was impossible to go back and collect actual estimates of consumption levels she used alcohol related citations issued as a proxy for consumption levels. She said she realized this would be an underestimate of student drinking since less than 10 percent of the student body reports having an altercation with police. Figlock pointed to slide showing liquor law violations, public intoxication violations, and OW Is, and noted that there is a sharp increase over the same period of time and that it is highly correlated. Figlock recognized potential increases in enforcement to partially Planning and Zoning Commission April 16, 2009 -Formal Page 4 explain the sharp increase in violations in 1996. She pointed out, however, the concurrent rise in violations with alcohol outlets and says it is a significant relationship even after controlling for changes in population. Eastham asked to see Figlock's first slide and asked if the increase begins in 1999 or 2000. Figlock said the graph represents a time period beginning in 1983 and going until 2005 with the increase beginning in about 1997. Greenwood Hektoen asked Figlock to clarify what is meant by "outlet," if it means liquor stores and bars. Figlock said her research used Class C liquor licenses (which are the license issued to bars). Hansen returned to the microphone to clarify that her research went across types of outlets but the relationships she discussed with the Commission are stronger with bar licenses. Freerks asked if there were other questions. Eastham asked Hansen about research between outlet densities and violence and the difficulty of research to identify thresholds. He indicated he feels compelled to identify an allowed density. Hansen indicated that the relationship between violence and outlet density is very linear; with higher outlet density comes more violence. She said thresholds are difficult to figure out because they vary by community. She said what research has had a more difficult time with is establishing what improvements communities can expect with interval decreases in outlet density. She said research is still underway. Hansen emphasize that it is clear what happens with continued increases in outlet density. She said keeping density at a certain level would prevent further increases in negative effects associated with alcohol outlet density. Freerks asked if there were other members of the public who wished to address the Commission. Tom Walz, Executive Director Uptown Bill's Small Mall and Extend the Dream Foundation, spoke to how his organizations are affected by alcohol establishments. He noted in the last few years two liquor stores have opened on each side of his establishment, approximately 30 and 60 feet away. He expressed concern regarding the impact of alcohol establishments on property values and the ability to sustain his non-profit program which serves handicap people and people in recovery in a convenient location to the Capitol House and Ecumenical Towers and low-income apartments nearby. Walz said in 2001 his rent was $11 per square foot but has been notified to re-new his lease will cost $20 per square foot which is beyond his means. He said the increase cost will drive him out and hurts the ability of the community to sustain diversity of businesses in the downtown area. He said alcohol establishments are the only type of business that can afford the high rents. Libris Fidelis, Founding Director lowan's for Economic Human Rights, supported the distance requirements for alcohol establishments. Fidelis wondered whether distance requirements will result in the rest of the city experiencing the same negatives consequences associated with alcohol establishments now experienced in the downtown. He noted, though, that the density downtown also gives the city a bad reputation. Fidelis said he lives at Capitol House and is bothered by the noise of individuals in surrounding communities that make Iowa City a destination point for alcohol consumption. He said spreading alcohol establishments out throughout the community will have less negative effects, including reduced "bar crawls." Fidelis proposed requiring establishments to sell food along with alcohol to be consumed on-site. Peter Nathan, Emeritus Professor at the University of Iowa, commented on the themes of alcohol consumption, alcohol outlet density, and violence. He said they differ in their relationships with each other. He Said researchers don't know and haven't been able to determine whether density increases consumption or whether increased consumption increases outlet density; there is a reciprocal relationship. He said what is not reciprocal, though, is the relationship between consumption and violence. Nathan said there is no question that increased consumption results in a greater likelihood of violence. Planning and Zoning Commission April 16, 2009 -Formal Page 5 Freerks asked if there were any more public comments, or any individuals who wished to speak a second time. Seeing none, public hearing was closed. Freerks asked for a motion. Busard moved to approve the zoning code item for alcohol distance requirements of 500 feet for bars and 1000 feet for liquor stores. Weitzel seconded. Busard said he didn't know whether the zoning amendment would decrease the negative consequences of binge drinking, but it couldn't hurt. He said it is unfortunate that there is sufficient density now to support current drinking habits. He said the proposal is in conformance with the Comprehensive Plan and the Downtown Strategic Plan. Busard said he worries that at some point the downtown will reach a tipping point when the downtown will become an exclusive entertainment district catering to college kids, instead of afamily-friendly mixed-use district. He, therefore, supports the amendment. Weitzel said he also supports the amendment. He said rather than a specific entertainment district for use by college-aged individuals, the market study supports the notion that the general population wants a downtown available for all to use. Weitzel said the purpose of zoning is to limit those things which become a bad influence on the community. He addressed concerns expressed by the business community regarding the idea of a fair market value and rhetorically questioned if alcohol establishments are really those things why not distribute these economic centers throughout the community. Payne said she thought some sort of ordinance is a good idea but didn't know if 500-feet separation for bars is a good idea. She said she was fine with the 1000 foot distance requirements for liquor stores. She thought the same benefits could be achieved with a 250 foot or 300 foot separation requirements for bars. She asked about the protocol of expressing support for the idea while disagreeing with the specifics of the amendment. Freerks said a lesser footage could be discussed even before a motion to amend was offered. Payne said she wished to hear others' ideas. Freerks asked Staff what the effect would be south of Burlington, especially on Burlington, with a reduced distance requirement. Miklo responded that the immediate consequences of reducing the distance requirement to 250 foot would be limited. He said because there are enough establishments currently located downtown that a distance requirement of 250 feet would provide very few gaps to locate a new bar but that 500 feet may be more effective over the long-term if the goal is to reduce the number of alcoholic establishments in the downtown area. Howard said the area South of Burlington is an area of concern if the interest is to expand downtown into that area. She said density needs to be considered for this area as new development occurs in light of what has happened along South Gilbert Street. Howard showed maps illustrating the difference between the 250 feet distance requirements and 500 feet distance requirements. She said a reduced distance requirement would open some space for some new venues but then those venues would be required to be separated 250 feet. Payne said she thought there would only be room for one new venue south of Burlington with a 250 foot distance requirement unless the venue was located far enough away to permit another establishment. Miklo said the commercial area would potentially extend farther south. Freerks said the goal is to expand downtown south of Burlington Street. She said a reduced distance requirement merits conversation but that they need to look at the goal. Planning and Zoning Commission April 16, 2009 -Formal Page 6 Howard said a member of the public spoke to alcohol outlet density along South Gilbert. She said having no distance requirement south of Burlington Street will result in an outlet density similar to downtown. Eastham asked about the map showing six alcohol outlets along South Gilbert Street. He asked for confirmation that at least two of those have been in existence for some time and that they were all bars and no liquor stores. Howard said she thought a number of new bars have been established along S. Gilbert. She also said there were two recently opened liquor stores represented on the map. Miklo and Howard pointed to three new alcohol establishments. Payne said one of the "new" establishments had previously been a drinking establishment. Howard emphasized that the market is there to perpetuate an outlet density south of Burlington Street similar to downtown with the absence of distance requirements between alcohol establishments. Payne said she wasn't suggesting the absence of distance requirements south of Burlington Street but was attempting to question what the distance should be. Miklo said 500 feet will be more effective, that 250 feet will be effective, at least in the downtown. Busard said he agreed with Miklo, that a distance requirement of 250 feet is only effective to the point of the Central Business District and that once the downtown is expanded new bars will be established. Busard said that with a distance requirement of 500 feet the area for potential downtown expansion is covered until Court Street. Eastham said he would like more discussion but is ready to support a reduced distance requirement if Payne offers an amendment to the Motion to reduce separation distance for drinking establishments to 250 feet. He said the difficulty is in finding a distance that doesn't allow any additional drinking establishments in the CB10 zone and probably in the CB5 zone since those encompass the downtown area without unduly limiting the location of new drinking establishments in more outlying areas. His concern is to reduce the unnecessary consequences for businesses. He said he doesn't disagree with reducing drinking establishments in the downtown area. Eastham said there is plenty of data to support that that is allowed by the Comprehensive Plan and that it is a good strategy for the community to pursue. He said he questions whether this approach will accomplish the stated goal in a rational length of time. Eastham said he doesn't think reducing the distance requirement from 500 feet to 250 feet will compromise the goal of reducing alcoholic establishments in the downtown area. Miklo offered to add information. He said outside of the downtown area, for instance the CC2, development is less concentrated due to parking lots, shopping centers, etc. so business tend to be farther apart whether you restrict it or not. He said that due to the nature of things being spread out businesses are not likely to be burdened by a 500 foot distance requirement. Howard added that the definition of drinking establishment also only affects those businesses that stay open past midnight and doesn't impact every business with a liquor license. She said businesses, such as restaurants that serve alcohol and close by midnight will remain unaffected. She said it seems the preponderance of businesses that remain open past midnight are located downtown. Eastham said he doesn't have enough information to say for sure that a 500-foot requirement would not have undesirable consequences for businesses in other zones. Eastham moved to amend the motion on the floor to reduce the separation requirement for drinking establishments in proposed zones to 250 feet. Payne seconded. Payne said the 250 foot distance requirement will have the desired effect in the downtown area. Freerks disagreed. She said 500 feet is the appropriate distance. Freerks said there is a lot of territory that needs to be planned for and that the opportunity to address the issue now avoids having to address the issue in the future. She said she is convinced there will be a negative effect outside of downtown. Planning and Zoning Commission April 16, 2009 -Formal Page 7 Busard said as we expand the downtown a distance requirement of only 250 feet allows greater opportunity for a bar to open. He said he would rather address it now rather than leave it to a future commission to address when problems arise. Busard said it also provides for stability for business owners that then know a distance requirement won't be expanded at some future point. Koppes said she agrees with Eastham. She said we need to look at the whole community and not just at the downtown. Weitzel said he is convinced a 500 foot distance requirement is the right approach. He said we are past the point where this issue should have been addressed. He said as a city we have tried other approaches without success and in the meantime more bars have been established. Weitzel said he doesn't think any bars will close in the near future because it would require the loss of the liquor license for over a year. Freerks called for a vote. The amendment to the motion to reduce the distance requirement from 500 feet to 250 feet failed 3-3 (Freerks, Busard, Weitzel voting against). Freerks asked for further discussion. Koppes addressed the distance requirements for liquor stores. She pointed to Uptown Bill's Small Mall and the liquor stores surrounding. She asked whether liquor stores could simply locate in CC2 zones, such as the one currently occupied by The Mansion on the corner of Gilbert Street and Bowery Street, and whether that would exempt them from the distance requirements. She said that by focusing on downtown pockets of alcohol outlet concentration could occur in unexpected places. Koppes said including only the "CB" zones in the distance requirements are problematic. Freerks confirmed that Koppes is interested in increasing the zoning area covered by the distance requirements for liquor stores. Koppes identified a number of CC2 zones along South Gilbert of concern. She said CC2 zones do not regulate liquor stores. Freerks asked if there was wording that would cover other zones within the intended distance of alcoholic establishments in the CB Zones. Greenwood Hektoen said language would probably have to be included regarding regulation in a CC2 zone. Miklo said liquor stores in a CC2 zone could be a provisional use unless it is within 1000 feet of "CB" Zone. Howard said it could be written so that the CC2 is regulated if it is within 1000 feet of a Central Business zone. She said it would need to be determined that that is the only zone within 1000 feet of the "CB" zones and that use would have to be made provisional. Miklo said one thing to consider is to vote on the proposal as is and a second recommendation that the Council consider an ordinance for any Community Commercial Zone within 1000 feet of CB5 zone. Miklo iterated that staff has not looked at that closely and would need time to determine how the regulation should be written. Freerks said it would be good for the Commission to proceed this evening. She said the Commission can revisit the possibility of a second recommendation once the Commission has determined its desired course of action. Eastham asked for clarification on why liquor stores are disallowed in C01 zones. Howard answered that liquor stores are not allowed in C01 zones because C01 zones are intended primarily for office uses. She said that there are no liquor stores or bars currently located in the CO-1 Zone and it didn't seem like a good zone to allow them in the future. Miklo said liquor stores are not allowed because they are a retail use. Eastham said he would support the zoning amendment for distance requirements of 500 feet for bars, though he felt pained to do so. He said what he supports is the regulation of the number of drinking outlets to some reasonable number. Eastham said after listening to others' comments, he doesn't know what that number is. He said he knows the community is very interested in changing the use and conduct Planning and Zoning Commission April 16, 2009 -Formal Page 8 of commercial establishments in the downtown area, and that is a laudable goal. He said he would prefer an approach that focuses on density rather than separation because that accomplishes the goal of reducing the number of outlets while giving owners greater flexibility in deciding where those outlets are located. Eastham said he has been unable to come up with a suggestion for a density approach that could garner support. He said another issue regarding the proposed ordinance is uncertainty about whether the number of drinking establishments in the CB10 zone will actually be different ten years down the road because of the lack of an enforcement mechanism to actually reduce the number of establishments with the distance approach. He said he is generally reluctant to support zoning measures that are ineffective in accomplishing their stated goals. He said he will support the proposal despite reservations. Koppes expressed concern that by grandfathering the existing bars it would increase those property values for the approximately fifty properties currently allowed to sell alcohol. She said she will support the proposal despite mixed feelings because of the reasons stated by Eastham and the potential expense for new ownership. She said she would rather treat liquor stores consistently throughout the city instead of just downtown. She encouraged continued exploration of regulating liquor stores outside downtown. Payne agreed with Eastham and Koppes. She said she also has reservations but that something has to be done, and if 500 feet is the starting point she will support that. Weitzel said he considers the testimony from the University of Iowa researches expert testimony regarding the correlation between outlet density and consumption and the correlation between alcohol consumption and violence. He said he also considers the staff proposal expert advice and that he will support the proposal. Freerks said she sees the downtown with one dominant use that is becoming the most viable use and that doesn't help us to reach the goals established by the community for a viable and diverse commercial area downtown. She said there are no guarantees about the effectiveness of the proposal now or over time but that some steps need to be taken to repair damage being done to the commercial district and to address the fact that downtown has become a destination spot for drinking in the state. She pointed out that Council has asked them to address this issue through zoning. She said she was comfortable tying this issue to the viability of downtown and that over time a number of positive effects may result. Freerks said she was happy to see the level of community input and the involvement of the University of Iowa to offer information. She said she has struggled with some of the things that Koppes said regarding the potential increase in property value but said she doesn't feel the Commission ever guarantees the value of properties. She pointed out decisions made by the Commission often affect the value of a property but that the Commission needs to consider the community as a whole. Freerks said it is uncertain what use will be most economically viable in the future, that it may not be alcohol related. She said she does support the proposal. Busard said he wants to do everything possible to support a downtown with a mix of uses. He said he wants to be able to take his family downtown without tripping over the consequences of over consumption of alcohol and that the proposal is a very good step to achieve that. Freerks said all is not lost downtown but that this is a proposal that can strengthen the qualities of downtown. Freerks called for a vote. A vote was taken and the motion carried 6-0. Freerks addressed the concern of the Commission regarding what happens in the CC2 zones surrounding the downtown area. She said if the Council wish to address the potential of liquor stores relocating to other zones, the Commission feels such a discussion has merit. CONSIDERATION OF MEETING MINUTES: March 30 & April 2, 2009: Planning and Zoning Commission April 16, 2009 -Formal Page 9 Eastham offered a correction to the minutes. Payne motioned to accept the minutes as amended. Weitzel seconded. The minutes were approved on a vote of 6-0. OTHER: Miklo spoke to property owner notification for the Northside local historic district. Miklo said the property owner complaining at the last meeting that he was not notified had in fact received three letters, originally to the address listed on the Assessor's website and later to his home address after Staff had received a call from the property owner upon seeing signs in the neighborhood notifying of the public hearing. Miklo said individual complaints about meeting notice often come from individuals attending the meeting. Freerks said it was helpful to know things are being done properly. Weitzel said he shared Freerks's concern because the breakdown in the notification process held so much weight with the City Council the last time the local historic district was considered. Greenwood Hektoen mentioned the Council on Monday April 20, 2009 will set the public hearing for the zoning amendment just approved by the Commission. She said at that time the moratorium will take effect the morning of Tuesday April 21, 2009. Miklo said there was some concern due to recent vacancies downtown. Freerks said she is scheduled for the next City Council meeting. Miklo said Country Club Estates is still a concern to neighbors. He said the Council initially approved it 5- 2 on first reading then asked for further information regarding the wetlands and asked the wetlands specialist to attend the next meeting. Greenwood Hektoen mentioned the lawsuit regarding the Shelter House site plan against the Planning & Zoning Commission was dismissed. The dismissal has been appealed. Miklo said approximately 120 people attended the Southeast District Planning Workshop and that Staff will continue to keep the Commission apprised of the progress. Eastham asked if Staff could give a presentation in the future about the newly released JCCOG bike trail plan. Miklo agreed that it was a good idea and would look into it. ADJOURNMENT: Payne motioned to adjourn. Weitrel seconded. The meeting was adjourned on a 6-0 vote at 8:36 p.m. c o_ N N O U 'v ~ O c ~ •~ d o ~ N ~ o ~ = N 01 R C ~ •~ d C ~ R Q a w U lC O X X X X X X X X X X X X X X M X X X X X ~ X N X X X X ~ X X ~' X X X X X X X ~ ` L w ~ r 0 .-- r 0 M r 0 N r 0 O r 0 O r 0 M r 0 N ~ z -a L fO N m "y E is t N W U to Y L' d ~i Q N ~ Q Y W y ~ R a ~ Y C ~ L a ~ d N d ~ F" c~ M X X X X X X X N M X X X X X X X N N X X X X X X X X X ~ X X ~ L ,L ~ - H W ~ r o ~ r 0 M r 0 N r 0 O T 0 O r 0 M r 0 ~ z C m ~ t ~ w v N ~ ~ d N Q. Y ui ~ a ~ ~ Y 7 _ a ~ d ~ ~ ~ U X W Q d Q II ~ II II W YXOO