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HomeMy WebLinkAbout2024-09-17 Bd Comm minutes Item Number: 4.a. r 1 CITY OF IOWA CITY a Qa, COUNCIL ACTION REPORT September 17, 2024 Ad Hoc Truth & Reconciliation Commission: August 15 Attachments: Ad Hoc Truth & Reconciliation Commission: August 15 August 15,2024 Approved Ad Hoc Truth and Reconciliation Commission (TRC)Minutes Emma Harvat Hall, City Hall Commissioners present: Amos Kiche, Cliff Johnson, Louis Tassinary, Lauren Merritt. Commissioners on Zoom: Lubna Mohamed. Commissioners not present: Chad Simmons, Chastity Dillard, Wangui Gathua, Kayla Rossi. Staff present: Stefanie Bowers. Recommendation to City Council:No. Meeting called to order: 7:05 PM Reading of Land Acknowledgement: Tassinary read the Land Acknowledgement. Approval of minutes from August 1,2024: Johnson moved, and Kiche seconded. Motion passed 5-0. Next steps for phase three and four including upcoming events and engagement: Johnson commented on the success of the latest event(National Night Out)the commission participated in, stating they were able to talk to community members and get people to sign up for more information. Upcoming events (Summer Jam and Iowa Latino Festival) were discussed. It was confirmed Johnson and Kiche would be attending the Latino Festival to represent the commission. Tassinary and Kiche agreed to attend the Summer Jam event to represent the commission. The commission was reminded by staff to reach out to Simmons regarding any ideas they have as it relates to the documentary being made about the commission. Kiche suggested the commission get Spanish translated version of the TRC brochure and sign for the Latino Festival on the 24 of August. It was confirmed a summarized version of the commission's name and general mission could be translated in time for the event, but more detailed translated brochures will not be ready in time. Announcements of commissioners: Kiche informed the commissioners that he and Mohamed have arranged a meeting with community members Sunday, 8/18 at 3:00 at Java House where they will have an open discussion with the Sudanese community on employment discrimination. All commissioners were encouraged to attend. Announcements of staff: None. The meeting adjourned at 7:21 PM. The full meeting video can be viewed at this link. 1 a N a a a N Q a Q a N a a a N a Q N 0 z 0 N o 00 � U N eC N a a a a a a a zz � Ugz a a a a a Q a � W H D F� U � , x A �I N N N N N N N N N i�l FBI � o Item Number: 4.b. r 1 CITY OF IOWA CITY COUNCIL ACTION REPORT September 17, 2024 Climate Action Commission: August 5 Attachments: Climate Action Commission: August 5 MINUTES FINAL IOWA CITY CLIMATE ACTION COMMISSION AUGUST 5, 2024 —3:30 PM—FORMAL MEETING EMMA J. HARVAT HALL MEMBERS PRESENT: John Fraser, Jamie Gade, Zach Haralson, Wim Murray, Michelle Sillman, Angie Smith, Gabriel Sturdevant MEMBERS ABSENT: Michael Anderson, Michal Eynon-Lynch, Ben Grimm, Brinda Shetty STAFF PRESENT: Daniel Bissell, Sarah Gardner, Megan Hill, Diane Platte OTHERS PRESENT: Blake Careo, Matisse Arnone, Dakota Thurston, Gabe Himan (Green Iowa AmeriCorps) CALL TO ORDER: Sturdevant called the meeting to order at 3:32 APPROVAL OF JUNE 3, 2024 MINUTES: Fraser moved to approve the minutes from June 3, 2024. Murray seconded the motion, a vote was taken, and the motion passed 7-0. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: None. ANNOUNCEMENTS: Action Items from last meeting (Staff): • Commissioners are invited to listen to the upcoming City Council work session on Fare Free metrics; staff will share a link to the recording following the session. Upcoming Events: • City Council work session: Fare Free update (Aug. 20,4 p.m.) • Bus shelter mosaics design workshop (Aug. 7, 5:30-8:30 p.m.) • Bus shelter mosaics deployment (Sept. 8) • Energy Mini-Blitz (Aug. 10, 9 a.m.-noon) • Climate Fest o CoCoRaHS Training (Sept. 23, 4:30-6:00 p.m.) o Fare Free Celebration (Sept. 24, 5-8 p.m.) o Community Sing/Film Screening (Sept. 25, 6:00 p.m./7-8 p.m.)* o Personal Electrification Plan (Sept. 26, 3-6 p.m.) o Nonprofit Nerd Out(Sept. 27, 2-4 p.m.)* Climate Action Commission August 2024 Page 2 of 5 o EVs at the Market (Sept. 28, 7:30 a.m.— noon) ■ *Denotes events with opportunity for CAC host • Other events in the community(Commissioners) - o Gabe Hinam from Green Iowa AmeriCorps with Parks and Rec. invited commissioners to Party in the Park this Thursday, 6:30-8 in North Market Square Park, for a Pedal Power event that will encourage biking in the community. UNFINISHED/ONGOING BUSINESS: Visioning met rics/CPRG/Climate planning activities • Gardner summarized the work on the regional plan being developed under the Climate Pollution Reduction Grant (CPRG) process. She noted Iowa City's Accelerated Action Plan runs through 2025; it could be refreshed rather than overhauled. An enlarged section on Adaptation—or a plan specifically targeting Adaptation -- may be appropriate, since our community has seen climate impacts, such as extreme weather events increasing, sooner than anticipated. • Gardner described the Environmental Management System (EMS),the system already used by the City's landfill and recycling programs to track efforts and assign metrics toward continuous improvement.The Commission could experiment with a pilot effort using a similar approach to track progress toward a few priority climate action goals.The aim would be to determine if this approach makes sense for climate action efforts, if it could be sustained through staff and Commission efforts, or if it would make sense to request the help of a consultant to pursue full implementation. • Gardner proposed the following for the year ahead: identify some priority actions for an EMS pilot and the corresponding objectives and measures, undertake a reprioritizaton/refresh of the action items within the current CAAP/Accelerating Action Plan, explore the possibility of an Adaptation Plan, and continue to monitor progress on the Regional Plan. • Fraser offered support for a plan that adapts as needed, likening the process to a five-year plan for a business or organization that changes more frequently than every five years. • Sturdevant voiced support for input from commissioners and community members and prioritizing these local ideas over an outside consultant. • Gardner invited commissioners to take time before the next meeting to consider whether the current Climate Action Plan allows Iowa City to do the work we need to be doing for the next five years and whether an Adaptation Plan would be beneficial to the City.The Fare Free metrics presentation and a possible future presentation on EMS metrics might guide the process of developing climate action metrics. • Fraser and Sturdevant emphasized the importance of"doing both at the same time:" keeping tabs on the established plan and continually thinking on new additions. Climate Action and Adaptation Plan • Gade asked if the Electrification Incentive Program was the program in which the landlords agree to accept Housing Choice vouchers in exchange for electrification and efficiency updates. Gardner affirmed that was the case and provided some additional details on the program,which now has six properties (three duplexes) participating. o Sillman asked the age of the houses. Gardner knew one of the properties was at least 40 2 Climate Action Commission August 2024 Page 3 of 5 years old. o Haralson asked the locations of the houses. Gardner believed they were located on the south side of Iowa City. o Gade praised the program. • Fraser noted how much demolition happens in Iowa City during the month of July. Gardner offered information on a demolition debris recycling program that City Resource Management staff recently visited. • Gade asked about the new Climate Change Analysis requirement for new subdivisions under Transportation. Gardner affirmed that the comp plan is being updated. • Sturdevant asked for details about New City Facility Construction under Adaptation. Gardner clarified that this refers to city-owned facilities. For example, when the new landfill facility is constructed, the plan will ask whether there are adaptation principles that can be considered (i.e. backup energy in the form of storage or a generator). • Smith noted the recently submitted application for a Gold Level Bike-Friendly community and expressed enthusiasm for the feedback that will result. Gardner shared a report about the popularity of a social media post about the bike rack installation on Chauncey Parking Ramp. • Sillman asked about grant funding for EV charging infrastructure in parks. Gardner shared a grant proposal to bring solar-powered EV charging stations,which are not grid-tied, to City parks was pursued by not funded.The effort ran aground in legalities: under Iowa code, if a device both generates and sells electricity, it runs the risk of violating the legally protected monopoly that a utility has in its service area. Iowa statutes also require collecting tax on charging for EVs. Resolving these legal questions will be a necessary step for the next try on such grant opportunities. • Sturdevant asked about resilience hubs and Gardner noted that next month's meeting will include a presentation about a resilience hub at Neighborhood Centers of Johnson County. • Gade asked about the status of the Equity Review of Neighborhood and Population Outreach. Gardner affirmed that it has been developed, and when it becomes publicly available, commissioners will receive a copy. • Sillman asked about 36%canopy coverage in the urban area. Gardner noted that the City's goal is 40% canopy coverage. • Haralson asked about HERS rating work and if there are further steps to be developed there. Gardner clarified that the HERS rating would not be included in the MILS, but it is a certificate that realtors can use to help sell the property. Making a HERS certificate standard practice creates a helpful feedback loop. Haralson asked if there is a rating for buildings that are not new construction. Gardner explained the PERIL rating is for existing construction. o Sturdevant noted that builders working on remodeling projects might enjoy a similar incentive as the HERS incentive. RECAP: Confirmation of next meeting time and location: • Monday, September 9, 3:30-5 p.m., Emma J. Harvat Hall Actionable items for commission,working groups, and staff: • Staff will share with commissioners some updates on the Fare Free metrics discussion. 3 Climate Action Commission August 2024 Page 4 of 5 ADJOURNMENT: Sillman moved to adjourn, Fraser seconded the motion. A vote was taken, and the motion passed 7-0. Meeting adjourned at 4:50. 4 Climate Action Commission August 2024 Page 5 of 5 CLIMATE ACTION COMMISSION ATTENDANCE RECORD 2023-2024 N \ O \ N \ \ \ \ \ \ co V N N F- A CO Ul A F- Q1 W U, NAME TERM EXP. N N N N N N N N N N N W W W N W A A A A A A A W Michael 12/31/2025 NM O/E X O/E O/E X O/E Anderson Michal Eynon- 12/31/2024 X X X X X NM X X X X X O/E Lynch Elizabeth 12/31/2025 X Fitzsimmons John Fraser 12/31/2024 O/E X X X NM X X X O/E X X Jamie Gade 12/31/2025 X X O/ X X NM X X X X X x E Ben Grimm 10/31/2023 O/E X X X X NM X O/E X X O/E O/E Zach Haralson 12/31/2025 NM X X X X O/E X Matt Krieger 12/31/2023 O/E X O/ X O/E E Wim Murray MiclAmerican X X X X X NM X X X X X X Rep Michelle Sillman 12/31/20025 X X X X X NM O/E X X O/E X X Brinda Shetty UI Rep O/E X X X O/E NM X X X X X O/E Angie Smith 12/31/2025 X X NM X X X X X X Gabe Sturdevant 12/31/2024 X X X NM X X X X O/E X Matt Walter 12/31/2023 X XLifid X KEY: X= Present 0 =Absent 0/E=Absent/ExcusedNM= No Meeting * No longer on Commission 5 Item Number: 4.c. r 1 CITY OF IOWA CITY a Qa, COUNCIL ACTION REPORT September 17, 2024 Community Police Review Board: August 20 [See Recommendation] Attachments: Community Police Review Board: August 20 [See Recommendation] r t A"I03=- CITY OF IOWA CITY -W%1k a- MEMORANDUM -A Date: September 11, 2024 To: Mayor and City Council From: Connie McCurdy, Community Police Review Board Staff Re: Recommendation from Community Police Review Board At their August 20, 2024 meeting the Community Police Review Board made the following rec- ommendation(s) to the City Council: (1) Accept FY24 Annual Report. Additional action (check one) ® No further action needed ❑ Board or Commission is requesting direction from City Council ❑ Agenda item will be prepared by staff for City Council action Final/Approved Community Police Review Board Minutes -August 20, 2024 CALL TO ORDER: Chair Jensen called the meeting to order at 5:34 p.m. MEMBERS PRESENT: Melissa Jensen, Ricky Downing, Jessica Hobart, Colette Atkins, Saul Mekies MEMBERS ABSENT: Jerri MacConnell, David Schwindt STAFF PRESENT: Staff Connie McCurdy, Legal Counsel Patrick Ford OTHERS PRESENT: Police Chief Dustin Liston RECOMMENDATIONS TO CITY COUNCIL: • Accept FY24 Annual Report. CONSENT CALENDAR: Draft minutes of the meeting from July 09, 2024 • Chief Liston handed out his annual report to the board members Motioned by Atkins, seconded by Downing to adopt the consent calendar as amended. Motion carried 5/0, MacConnell and Schwindt were absent. NEW BUSINESS: ■ Community Forum Discussion: Jensen mentioned that the forums are conducted annually, and the last one was October 3, 2023. Jensen asked the other board members if they wanted to hold the meeting at the ICPL like the previous year. Downing said that the start time of the community forum from the previous year was 5:30 p.m. Jensen noted that the forum is set up like a regular meeting, and that it's in the ordinance that the board will conduct a community forum, but the ordinance does not specify how the board must run it. Jensen said that she feels there is a stiffness to the meeting because the board members sit at the table with microphones in front of them, which can be intimidating to the public. Downing noted that those from the public who want to speak must sign a paper before they can speak. Atkins asked what the purpose of the forum is, and Jensen replied saying that it's a time for the public to come and learn about the board and what it does. Mekies pointed out that most of the questions asked at the forum are for the Police Chief and not the Board. Legal Counsel Ford read to the Board members what is stated in the ordinance regarding the purpose of the community forum. Hobart expressed a desire to present the forum as a community event or an educational opportunity. The board agreed on October 16, 2024 at the ICPL at 5:30 p.m. for this year's community forum. • FY24 Annual Report: No comment from board members. Motioned by Downing, seconded by Hobart to accept the CPRB FY24 Annual Report as presented and forward to City Council. Motion carried 5/0, MacConnell and Schwindt were absent. CPRB August 20, 2024 Final/Approved Page 2 Discussion regarding complainants that frequently contact the police for scenarios that should go through DHS or other social service agencies: Mekies wants the City Council alerted to the breakdown in the ability of the community to address situations in which the police are contacted for assistance when a social service agency should be contacted. Chief Liston noted that his officers deal with the frequent almost on a daily basis. Jensen mentioned that when writing the public report, the board could write in the comments about the person being one who contacts the police multiple times, but names cannot be used. (Hobart left the meeting at 6:07 p.m.) OLD BUSINESS: * None. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: * None. BOARD INFORMATION: ■ Atkins would like to discuss the procedures for how the board is to respond to media inquiries. STAFF INFORMATION: * None. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS sub'ect to change): * September 10, 2024, 5:30 p.m. — Helling Conference Room * October 8, 2024, 5:30 p.m. — Helling Conference Room * October 16, 2024, 5:30 p.m. —Community Forum, ICPL— Meeting Room A * November 12, 2024, 5:30 p.m. — Helling Conference Room December 10, 2024, 5:30 p.m. — Helling Conference Room (Jensen will be absent from the September 101h meeting) EXECUTIVE SESSION: No executive session was needed. ADJOURNMENT: Motioned by Atkins, seconded by Downing to adjourn. Motion carried 4/0, MacConnell, Schwindt, and Hobart were absent. Meeting adjourned at 6:31 p.m. N N O x x x x O x 00 O o x x x x x ? x W � O 4 O 0 x x x o x x ; O el O N O x 0 M C M x x x x x x W I e u N O O x O U M N x x x x x x x ? M N O N E 0 o x x x o x x x �- �z Ln kn It 00 o Si N N N N N N N N N 6� 04 U � a chU y yCOOz COMMUNITY POLICE REVIEW BOARD FY24 ANNUAL REPORT GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board formerly known as Citizens Police Review Board and now known as Community Police Review Board (hereafter referred as the CPRB), consisted of seven members appointed by the City Council. The Board was established to review investigations into claims of police misconduct, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least one community forum each year for the purpose of hearing views on the policies, practices, and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By-Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2024 Meetings The CPRB tentatively holds monthly meetings on the second Tuesday and special meetings as necessary. During FY24 the Board held 13 meetings which included 1 Community Forum. ICPD Policies/Procedures/Practices Reviewed By CPRB The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports, and various Training Bulletins. The Department also provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attended the open portion of the CPRB meetings and was available for any questions Board members had regarding these reports. Presentations In October of 2023 the Board held its sixteenth Community Forum required by the City Charter. Board members introduced themselves and shared a summary of the Board duties. No correspondence was received for the October 2023 forum. The forum was then opened to the public. Topics included discussion of the Iowa City Police Department's use of a military grade vehicle and the cost for training and maintaining this equipment. It was revealed that this equipment belongs to Johnson County and not to the Iowa City Police Department, however, it is available for use by ICPD should it become necessary. A member of the public asked about staffing concerns for the Police Department. Chief Liston expressed his concerns as well and the department continues to work towards a full staff. Members of the public expressed their appreciation of the Board and of the Police Department. Board Members Stuart Vander Vegte resigned from the Commission in July of 2023. Jessica Hobart was appointed to fill out the remainder of that term through June 30, 2026. In October 2023 officers were nominated and voted on with Melissa Jensen as Chair and Ricky Downing as Vice-Chair. 1IP2ge CPRB FY24 Annual Report—Final COMPLAINTS Number and Type of Allegations: 10 complaints (23-11, 23-12, 23-13, 23-14, 23-15, 24-01, 24-02, 24-03, 24-04, 24-05) 10 public reports (23-02, 23-06, 23-07, 23-08, 23-09, 23-10, 23-11, 23-12, 23-15, 24-01) 4 complaints summarily dismissed (23-13, 23-14, 24-03, 24-04) 2 complaints filed in FY24 are pending before the Board (24-02, 24-05) ALLEGATIONS Complaint#23-02 Allegation 1: GO 99-05 Use of Force Chiefs Report Findings: NOT SUSTAINED Board's Findings: NOT SUSTAINED Allegation 2: Bias — Based Policing Chief's Report Findings: NOT SUSTAINED Board's Findings: NOT SUSTAINED Allegation 3: Integrity Chief's Report Findings: NOT SUSTAINED Board's Findings: NOT SUSTAINED Allegation 4: Unauthorized Access, Disclosure, or Use Chief's Report Findings: NOT SUSTAINED Board's Findings: NOT SUSTAINED Complaint#23-06 Allegation 1: Use of Force Chief's Report Findings: NOT SUSTAINED Board's Findings: NOT SUSTAINED Allegation 2: Unprofessional Conduct Chief's Report Findings: NOT SUSTAINED Board's Findings: NOT SUSTAINED Complaint#23-07 Allegation 1: Performance Chief's Report Findings: NOT SUSTAINED Board's Findings: NOT SUSTAINED Allegation 2: Conduct Chief's Report Findings: NOT SUSTAINED Board's Findings: NOT SUSTAINED CPRB FY24 Annual Report—Final Complaint#23-08 Allegation 1: Use of Force Chief's Report Findings: NOT SUSTAINED Board's Findings: NOT SUSTAINED Allegation 2: Conduct Chief's Report Findings: NOT SUSTAINED Board's Findings: NOT SUSTAINED Complaint#23-09 Allegation 1: Application of Handcuffs or Plastic Cuffs Chiefs Report Findings: NOT SUSTAINED Boards Findings: NOT SUSTAINED Allegation 2: Conduct Chief's Report Findings: SUSTAINED Boards Findings: SUSTAINED Allegation 3: Biased— Based Policing Chief's Report Findings: NOT SUSTAINED Boards Findings: NOT SUSTAINED Allegation 4: Civil Rights Chief's Report Findinas: NOT SUSTAINED Boards Findings: NOT SUSTAINED Allegation 5: Personal Use of Social Media Chief's Report Findings: NOT SUSTAINED Boards Findings: NOT SUSTAINED Complaint#23-10 Allegation 1: Required Reporting Chief's Report Findings: NOT SUSTAINED Boards Fin6ngs: NOT SUSTAINED Allegation 2: Violation of General Order 99-09, Vehicle Crashes Chief's Report Findings: NOT SUSTAINED Boards Findings: NOT SUSTAINED Complaint#23-11 Allegation 1: Use of Force Chief's Report Findings: NOT SUSTAINED Boards Findings: NOT SUSTAINED Allegation 2: Conduct Chief's Report Findings: NOT SUSTAINED Boards Findings: NOT SUSTAINED CPRB FY24 Annual Report—Final Complaint#23-12 Allegation 1: Performance Chiefs Report Findings: NOT SUSTAINED Boards Findings: NOT SUSTAINED Allegation 2: Arrests Chiefs Report Findings: NOT SUSTAINED Boards Findings: NOT SUSTAINED Complaint#23-15 ALLEGATION 1: Conduct Chief's Report Findings: NOT SUSTAINED Boards Findings: NOT SUSTAINED Complaint#24-01 ALLEGATION 1: Violation of 320.5.7— Efficiency Chiefs Report Findings: NOT SUSTAINED Boards Findings: NOT SUSTAINED ALLEGATION 2: Violation of 320.5.9—Conduct Chief's Report Findings: NOT SUSTAINED Boards Findings: NOT SUSTAINED Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Level a On the record with no additional investigation 9 Level b Interview or meet with complainant 0 Level c Interview or meet with named officer 0 Level d Request additional investigation by Chief or 1 City Manager, or request police assistance in the Board's own investigation Level a Board performs its own additional investigation 0 Level f Hire independent investigators 0 CPRB FY24 Annual Report—Final Complaint Resolutions The Police Department investigates complaints to the CPRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the CPRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizens' complaint and the Chief's Report and decides whether its conclusions about the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the 24 allegations listed in the 10 complaints for which the Board reported, 1 was sustained and 23 were not sustained. Comments The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in 1 report. Complaint#23-15 Officers of ICPD have shown patience and often encouraged the Complainant to take advantages of resources in the community. Name-Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after a name-clearing hearing has been held. During this fiscal period, the Board scheduled 1 name- clearing hearing, but it was not held. Complaint Histories of Officers City ordinance requires that the annual report of the CPRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. In the 10 complaints covered by the FY24 annual report a total of 8 officers were involved with allegations against them. ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the ten complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information may be incomplete. AU (2) 18-25 () 26-35 (3) 36-45 () 46-55 () 56-64 () 65+ Disability: () Physical (1) Mental (2) None Annual Household Income: (1) 100K () 75-99K (1) 50-75K () 25-49K (2) Under 25K Gender: (3) Female () Male (1) Other Sexual Orientation: (2) LGBTQ () Heterosexual (1) Other CPRB FY24 Annual Report—Final Ethnic Origin: (2) Black/African-American () Hispanic (1)Asian/Pacific Islander (1)White/Caucasian () American Indian/Alaska Native ()Other Were you born in the United States? (3) Yes (1) No Religion: (1) None (1) Other Marital Status: () Married (3) Single (1) Separated * Information is reported as presented by the person completing the form. BOARD MEMBERS: Jerri MacConnell Melissa Jensen, Chair Ricky Downing, Vice-Chair Jessica Hobart Saul Mekies Amanda Remington Orville Townsend Sr 6 P :lge. CPRB FY24 Annual Report—Final Item Number: 4.d. r 1 CITY OF IOWA CITY COUNCIL ACTION REPORT September 17, 2024 Planning & Zoning Commission: June 26 [See Recommendations] Attachments: Planning & Zoning Commission: June 26 [See Recommendations] �,!'"_-4 CITY OF IOWA CITY . � MEMORANDUM Date: September 4, 2024 To: Mayor and City Council From: Anne Russett, Senior Planner Re: Recommendations from the Planning and Zoning Commission At its June 26, 2024 meeting, the Planning and Zoning Commission have the following recommendations to the City Council: By a vote of 5-0 the Commission recommends approval of REZ24-0004. A proposal to rezone approximately 5.01 acres of land at 1215 Camp Cardinal Road from Interim Development Single-Family Residential (ID-RS) zone to Low-Density Single-Family Residential (RS-5) zone subject to the following conditions: 1. Prior to issuance of a certificate of occupancy, Owner shall: a. Construct an 8' wide sidewalk along the Camp Cardinal Road frontage from the southern property line to the existing driveway, as well as installation of curb ramps to connect to the sidewalk on the east side of Camp Cardinal Road. The City shall pay for the overwidth of the cost of the 8' sidewalk, which is the additional 3' beyond the standard 5' sidewalk width. b. Dedicate to the City, without compensation, right-of-way along Camp Cardinal Road for the future installation of a turnaround. 2. Prior to issuance of a building permit, Owner shall: a. Demonstrate access to City utilities can be provided. By a vote of 5-0 the Commission recommends approval of REZ24-0005, a proposal to rezone approximately 7.0 acres of land at 2255 N Dubuque Rd from Office Research Park (ORP) zone to Neighborhood Public (P-1) zone. Additional action (check one) No further action needed Board or Commission is requesting Council direction X_ Agenda item will be prepared by staff for Council action MINUTES FINAL PLANNING AND ZONING COMMISSION J U N E 26, 2024 —6:00 PM— FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Susan Craig, Mike Hensch, Scott Quellhorst, Billie Townsend, Chad Wade MEMBERS ABSENT: Maggie Elliott STAFF PRESENT: Sara Hektoen, Anne Russett OTHERS PRESENT: Lacey Stutzman, Matt Kain, Brock Heller RECOMMENDATIONS TO COUNCIL: By a vote of 5-0 the Commission recommends approval of REZ24-0004. A proposal to rezone approximately 5.01 acres of land at 1215 Camp Cardinal Road from Interim Development Single- Family Residential (ID-RS)zone to Low-Density Single-Family Residential (RS-5)zone subject to the following conditions: 1. Prior to issuance of a certificate of occupancy, Owner shall: a. Construct an 8' wide sidewalk along the Camp Cardinal Road frontage from the southern property line to the existing driveway, as well as installation of curb ramps to connect to the sidewalk on the east side of Camp Cardinal Road. The City shall pay for the overwidth of the cost of the 8' sidewalk, which is the additional 3' beyond the standard 5' sidewalk width. b. Dedicate to the City, without compensation, right-of-way along Camp Cardinal Road for the future installation of a turnaround. 2. Prior to issuance of a building permit, Owner shall: a. Demonstrate access to City utilities can be provided. By a vote of 5-0 the Commission recommends approval of REZ24-0005, a proposal to rezone approximately 7.0 acres of land at 2255 N Dubuque Rd from Office Research Park(ORP)zone to Neighborhood Public(P-1)zone. CALL TO ORDER: Hensch called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. REZ24-0004 Location: 1215 Camp Cardinal Rd. An application for a rezoning of approximately 5.01 acres of land from Interim Development Single Family Residential (ID-RS)zone to Low-Density Single-Family Residential (RS-5)zone. Russett began the staff report showing an aerial of the property noting it's about five acres in size. Next, she showed the zoning map and pointed out the land to the north and to the west is in Planning and Zoning Commission June 26,2024 Page 2 of 10 the city of Coralville. To the north it's an open space area, to the west is Borlaug Elementary and to the east it's the city of Iowa City. The land developed are properties that are single family homes zoned RS-5 with a Planned Development Overlay. In terms of background, this property was subdivided in 1984 as the Clear Creek Subdivision. Then in 1989 it was rezoned to Interim Development Single Family(the current zoning designation)from Interim Development Office and Research Park. The staff report at that time noted the area was more appropriate for residential uses rather than future office and research park uses. At this time, the owner seeks a rezoning to RS-5, which is the low-density single family residential zone. Based on staffs conversations with the applicant and their representative,they have indicated that they would like to build one additional home on the property, therefore require a rezoning. Russett explained if more than one additional home were proposed they would need to go through the subdivision process and that would come back to the Planning and Zoning Commission. Russett shared a few photographs of the property noting there is one existing home with a garage. She showed another image of the house and view from the northwest noting the woodland and sloped areas and ravine. In terms of the current zoning designation, the Interim Development Single Family is a zone used to provide areas of managed growth. Plant-based agriculture is a permitted land use in this zone and is oftentimes seen at the edges of the community in areas that haven't been developed yet and still continued to be farmed. Interim Development Single Family does allow detached single- family dwellings, but it requires a minimum of five acres. Since this site is five acres in size, and there's already existing home, the current zoning designation wouldn't allow an additional home on the property. Therefore, the proposal is to rezone it to RS-5 because that zoning designation does allow detached single-family homes with a minimum lot size of 6000 square feet. In terms of the general development approval criteria, staff looks at consistency with the Comprehensive Plan and compatibility with the existing neighborhood character. The Future Land Use Map of the Comprehensive Plan identifies this area as appropriate for residential land uses at a density of two to eight dwelling units per acre. There are also policies in the Comprehensive Plan that talk about ensuring infill development is compatible and complementary to the surrounding neighborhood as well as the policies that support infill development. In terms of compatibility with the existing neighborhood, to the east and south are existing single-family neighborhoods, Borlaug Elementary School is directly to the west of the property but further west there's more single family. As mentioned earlier to the north is the Rotary Camp Park which is maintained by the city of Coralville. In terms of transportation, access, and utilities, Russett explained the property does have access off of Camp Cardinal Road, which connects to Kennedy Parkway to the south. There's currently no sidewalk on the property so staff is recommending a condition that the owner construct an eight-foot-wide sidewalk as well as curb ramps that connect east to the existing development. Russett noted the typical sidewalk width is five feet so the City would pay for the additional three feet. Sanitary sewer and water lines exist within the Camp Cardinal right-of-way and access to these lines would be necessary for any development. Staff is also recommending a condition that the owner demonstrate the ability to access City utilities as the main concern Public Works has is that even though there's water and sewer within the Camp Cardinal right-of-way, because of all the sensitive areas they want to make sure that those service lines can be extended to wherever new house is proposed. Accessing the City utilities will need to be verified as part of the building permit process. Also, there is an interest by the city of Coralville to vacate the Camp Cardinal Planning and Zoning Commission June 26, 2024 Page 3 of 10 Road right-of-way to the north of the property. Camp Cardinal Road eventually connects to Camp Cardinal Boulevard further north and the city of Coralville would like to vacate that right-of- way which would require a turnaround is built for any cars that head north on Camp Cardinal Road, so they have the ability to turn around and go back south. Due to that interest by the city of Coralville, staff is recommending that the property owner dedicate some right-of-way that would allow the City to build that turnaround at a future date. Public Works feels they would need to dedicate around 5000 square feet. In terms of sensitive areas, there are sensitive features on the property however a rezoning does not trigger the need for a sensitive areas development plan. If the owner chooses to move forward with the subdivision in the future, that's the point at which the City would require a sensitive areas development plan. Staff has received one email in opposition to the rezoning that Russett forwarded to the Commission. In terms of the timeline, upon a recommendation from the Planning and Zoning Commission, City Council would set a public hearing at the July 16 meeting and the public hearing is anticipated to be on August 6. Staff recommends approval of REZ24-0004. A proposal to rezone approximately 5.01 acres of land at 1215 Camp Cardinal Road from Interim Development Single-Family Residential (ID-RS) zone to Low-Density Single-Family Residential (RS-5) zone subject to the following conditions: 1. Prior to issuance of a certificate of occupancy, Owner shall: a. Construct an 8'wide sidewalk along the Camp Cardinal Road frontage from the southern property line to the existing driveway, as well as installation of curb ramps to connect to the sidewalk on the east side of Camp Cardinal Road. The City shall pay for the overwidth of the cost of the 8' sidewalk, which is the additional 3' beyond the standard 5' sidewalk width. b. Dedicate to the City, without compensation, right-of-way along Camp Cardinal Road for the future installation of a turnaround. 2. Prior to issuance of a building permit, Owner shall: a. Demonstrate access to City utilities can be provided. Quellhorst stated he was curious about staff justification for the proposed conditions. In particular, he thinks that turnabout and sidewalk are a great idea but are those really connected to what the applicant is asking for. It seems like they want to rezone to add a single house, which wouldn't seem to add too much traffic so is it justified to ask them to incur the costs of those improvements. Russett explained that staff feels that the additional right-of-way is a pretty common request at the time of a rezoning. She acknowledges his point that typically they are looking at larger development projects that probably result in more traffic impacts than what's proposed here but for the pedestrian sidewalk they do feel that is really important. It's in the regulations to require a sidewalk even if it's just a single-family home or a duplex, something that doesn't require site plan review. Staff is recommending that the sidewalk not be the full frontage of the property but be from the southern property line to the existing driveway. And since there is an existing eight-foot-wide sidewalk there that is why they are requesting the sidewalk extension also be eight foot wide. There's also an elementary school in the area and a trail along Camp Cardinal Boulevard that gets used quite a bit so that is why staff would like to see that pedestrian infrastructure built out. Quellhorst asked if there is a sidewalk currently on the other side of the street. Russett Planning and Zoning Commission June 26,2024 Page 4 of 10 acknowledged there is. He also asked about the sensitive features and the woodland, is there any precedent or mechanism for conducting some sort of environmental review to make sure that the new building doesn't cause any environmental damage or concern. Russett replied that is something staff could look at the building permit stage. Typically, single family homes that don't impact more than 20,000 square feet are exempt from the sensitive areas ordinance. Quellhorst asked how that review would occur if it was conducted as part of the building permit process. Russett explained what triggers the review of a sensitive areas development plan is an OPD rezoning or a subdivision which isn't being proposed at this time. If the applicant came forward with the building permit and wanted to tear down the trees or impact the stream she is not even sure they would have the ability to do to stop that because they're not proposing a subdivision or a OPD rezoning, they're just building one home. Craig asked why this isn't a subdivision when there's already one home there and they're building a second home. Russett explained because they're not splitting the property nor creating any additional lots. If in the future they wish to build more homes, they would need to come forward with a subdivision plan and that would trigger a sensitive areas development plan. Russett reiterated this has been subdivided before. There is parcel A and parcel B. Parcel A does not have a home on it. The issue is that the Interim Development Single Family Residential zoning requires a five-acre lot and parcel A is less than five acres in size. Quellhorst noted in the past they've permitted by conditional rezoning and required things like preservation of trees or other environmental features, does staff feel like there's any viable way to do something similar here. Russett stated if the Commission was to make a recommendation on adding an additional condition that limits the impacts, that's something that could be considered. Hekteon noted the key to imposing conditions is identifying the public need being created by this rezoning so as they think about whether the recommended conditions are appropriate, or any additional conditions, that's the standard. Craig asked can the public need be that they're trying to protect sensitive areas, that seems to be a public need. She noted right now they have an ordinance in it right now isn't applying. Hekteon agreed that would be a reasonable need. Hensch opened the public hearing. Lacey Stutzman (MMS Consultants) began by clarifying there are three separate parcels here. The existing home is on its own parcel and the applicant is rezoning all of it because if they are spending the money to go through the process, they might as well take it out of that interim development zoning and put it into an RS zoning for future planning. Down the road, if they go to sell, it's just beneficial for them when it matches the adjacent zoning. Stutzman stated they are also working on an access easement. The applicant is going to use the same driveway entrance off Camp Cardinal Road and she has spoken with Public Works and Engineering about their concerns regarding proper connections to the public infrastructure running through Camp Cardinal Road. They have passed all that information along to the builder so when he does go to potentially build a house in the future that's being accounted for. In regard to the sensitive areas, the intent is to build one additional house on the flat open grassy area. She noted they did look at the sensitive features just to do their due diligence on that, there are woodlands, a ravine and some pretty steep slopes so they are intentionally proposing to build a house not to impact any of Planning and Zoning Commission June 26,2024 Page 5 of 10 those. Stutzman also noted it is just really not feasible or cost effective to try to impact any of those sensitive areas. Hensch noted it's pretty obvious that several commissioners have some concern about sensitive areas and what to assure they will comply with the slope issues for sensitive slopes, for the protection of trees, etc., can they address that. Stutzman explained they looked at it in the light of if they were going to do an OPD it would be a level one sensitive areas review which she believes if it's under two acres that makes it a grove of trees as opposed to a sensitive feature, or downgrades it to some degree that the impact are still regulated but not as heavily as when a large subdivision development comes through. With slopes they are allowed a certain percentage of impacts. She also doesn't think that the applicant would go through the trouble of building a single-family home on the secluded lot to then go through an additional subdivision process. Craig asked about the single driveway and if the properties change hands. If there are two different owners of these two houses, they could do an easement but with having just one owner, do they need an easement as well. Stutzman stated they have already drafted an agreement, it's a private agreement not dictated under this rezoning, a private access agreement between the property that owns it and then the other property that it is mutual beneficial. They'll have maintenance agreement, that's pretty standard and typical so that way, when it does change hands eventually both parties are protected to continue to use that access, and it mitigates impacts to the sensitive areas. They are not going to put in a second driveway onto Camp Cardinal Road because with the way that those property lines are slated it would impact sensitive features. Quellhorst asked if the applicant has any position on staffs proposed conditions to add the turnabout and sidewalk. Matt Kain (1215 Camp Cardinal Road) stated they don't really have any concerns about that turnaround, he suspects when they get in there and look it's a pretty steep ravine they may not go as far as they want but if that's what they need, that's what they need. The only question on the sidewalk he has is because there is a big gap between the Coralville sidewalk and where their line is, essentially a sidewalk to nowhere, his thought is once Coralville finishes developing then put the sidewalk in rather than putting a sidewalk in to nowhere. But it's also no big deal they'll put the sidewalk in if required. Looking at the siting of the house, they fully intend to put it up in the flat area and don't want to touch any of those trees. There's a grassy area that's very flat and that's where the house will be built. Hensch closed the public hearing. Wade moved to approve REZ24-0004.A proposal to rezone approximately 5.01 acres of land at 1215 Camp Cardinal Road from Interim Development Single-Family Residential (ID- RS) zone to Low-Density Single-Family Residential (RS-5) zone subject to the following conditions: 1. Prior to issuance of a certificate of occupancy, Owner shall: a. Construct an 8' wide sidewalk along the Camp Cardinal Road frontage from the southern property line to the existing driveway, as well as installation of curb ramps to connect to the sidewalk on the east side of Camp Cardinal Road. The City shall pay for the overwidth of the cost of the 8' sidewalk, which is the Planning and Zoning Commission June 26,2024 Page 6of10 additional 3' beyond the standard 5' sidewalk width. b. Dedicate to the City, without compensation, right-of-way along Camp Cardinal Road for the future installation of a turnaround. 2. Prior to issuance of a building permit, Owner shall: a. Demonstrate access to City utilities can be provided. Craig seconded the motion. Craig is concerned about the sensitive areas and perhaps some language that could be added that a review would be included. She can appreciate the applicant not wanting to disturb any of the sensitive areas but it is the Commission's duty to worry a little bit about that. Wade thinks they need to continue to embrace the builder community and it's reasonable to promise that they're going to build it on the high, flat side of the lot. It makes sense from a development point of view so he doesn't think they need to add additional requirements. He does wonder if they could do a contingency on the sidewalk, they've had other cases where there has not been a connecting sidewalk resulting in a sidewalk to nowhere. Hensch replied they do have missing sidewalk segments all throughout the City and hopefully once the school district fills it up they'll be connected. Russett stated If they wait until everyone is there and all are filled in, there is no push to get it completed. Hensch noted as he is entering his 10th year on this Commission he's learned to be not very trusting of what people say but in this case he doesn't see any warning signals, given that the topographic map makes the flat area a perfect location to put the house. Also since the person who owns the property is going to be building this and continue to live in the neighborhood, Hensch has pretty good confidence that they won't tell us they're going to build in one location and then do something else. Of course, there's nothing else they can do about it if they do something else, unless there is a condition in there but he doesn't feel it's necessary at this time. Townsend wanted to say is there's so much building going on in that area and they don't question the big builders. Here is a single lot and one home, and now they're questioning all these things so her concern is that they're not giving more of these concerns to the big builders that are cutting down all of the nice trees. Craig acknowledged that's probably true but the big builder would have to follow the sensitive areas ordinance because they would be building more lots more than this one. Hensch also noted people don't realize the sensitive areas ordinance allows them to take up quite a number of trees, it's actually pretty dramatic. Quellhorst is inclined to agree, if anything having a single home on this property seems to probably be more beneficial for environmental preservation. He also gives some deference to staff who have evaluated this project and determined that environmental conditions are not necessary or preferable. He is concerned about the environment, but also doesn't want to tie a private project up in a bunch of red tape and cause somebody unnecessary time and expense. A vote was taken and the motion passed 5-0. Planning and Zoning Commission June 26, 2024 Page 7of10 CASE NO. REZ24-0005 Location: 2255 N. Dubuque Rd. An application for a rezoning of approximately 7.0 acres of land from Office Research Park (OPD)zone to Neighborhood Public (P-1) zone. Russett stated this is an application from Iowa City Community School District for an area about seven acres off of North Dubuque Road. Looking at the zoning map the ACT campus is to the northeast of the site and the school district purchased a building from ACT. To the south is Oaknoll East, the three multifamily buildings. Most of the area to the west and to the east remains undeveloped. This property was annexed into Iowa City in the late 1960s, early 1970s. The Iowa City Community School District would like to use what they recently purchased from ACT as administrative offices and some educational facilities. The School District seeks to rezone this P-1 for a couple of reasons, one to demonstrate that it is a publicly owned site, but they also want to have educational facilities and Russett explained the existing zoning does not allow educational facilities as a land use. Russett showed a few photographs of the site noting it's a very beautiful property with trees in front of it. The current zoning is ORP which generally allows office type uses but educational facilities are not allowed. The Neighborhood Public Zone being proposed is used to reference public ownership. Examples are schools, parks, police and fire stations and other civic buildings that are controlled by local governments or the Iowa City Community School District. In terms of general development criteria, Russett stated the Comprehensive Plan does show this as Office Research Development Center in terms of the land use, however, there is part of the Plan's vision that shows the City should encourage and support collaborative efforts with the School District and other jurisdictions for mutual benefit of all communities, so staff feels this rezoning is in line with the Comprehensive Plan. In terms of compatibility with the existing character, the land to the north, east and west is all owned by ACT. Most of the area that's developed is the ACT campus except for to the south, where it's the multifamily Oaknoll East campus. The School District plans to reuse the existing building and has their current administration building nearby on North Dodge Street. In terms of next steps, this will go to City Council after a recommendation from the Planning and Zoning Commission. Staff anticipates that City Council will set a public hearing on July 16, and that public hearing would be August 6. Staff recommends approval of REZ24-0005, a proposal to rezone approximately 7.0 acres of land at 2255 N Dubuque Rd from Office Research Park(ORP)zone to Neighborhood Public (P- 1)zone. Craig asked what is allowed under educational facilities. Russett explained it would be basically public schools but there's also private schools that are considered a general educational facility. Specialized educational facilities as a land use could also be things like specialized educational training, like a Preucil School of Music or a dance studio, but this would be considered general educational facility. Craig asked if the plan is to redo this current building into new offices for the Iowa City Community School District. Russett stated she thinks they're currently using the space as offices, Planning and Zoning Commission June 26,2024 Page 8of10 but they do plan to incorporate some classroom space as well. Townsend asked if they are also planning to build additional units on that space. Russett doesn't believe any additions are proposed at this time, but that could be possible. Hensch opened the pubic hearing. Brock Heller(MMS Consultants) stated the proposed rezoning is taking into account renovations of the existing space which is going to be predominantly office areas. However, part of the architect's plans, as well as the School District's intention, is to incorporate some classrooms. He is not sure at this time what grades or types of classrooms are being proposed. Also, at this time there's no intention of expanding the footprint of the building. There is a FEMA shelter basement addition that's below grade of the building for a tornado shelter because if part of it's going to be a classroom space for safety purposes they need a FEMA rated shelter that has to hold the entire weight of the building if it were to collapse. Hensch closed the public hearing. Townsend moved to recommend approval of REZ24-0005, a proposal to rezone approximately 7.0 acres of land at 2255 N Dubuque Rd from Office Research Park(ORP) zone to Neighborhood Public(P-1) zone. Quellhorst seconded the motion. Townsend asked if the addition of the storm shelter being built will have to come back to this Commission for review. Russett replied no, it would just be site planning and building permits, which are just reviewed by staff. Quellhorst stated this is a great use of space. Townsend agreed it is nice to see a building being reworked as opposed to torn down and rebuilt. A vote was taken and the motion passed 5-0. CONSIDERATION OF MEETING MINUTES: MAY 1, 2024: Townsend moved to approve the meeting minutes from May 1 2024. Wade seconded the motion, a vote was taken and the motion passed 5-0. PLANNING AND ZONING INFORMATION: Hektoen announced this was her last Planning and Zoning Commission meeting as she is resigning from the City of Iowa City. Commissioners thanked her for all her years of service and her dedication to bettering the community. Russett shared that the Pagliai's landmark rezoning has been approved by Council. She also shared that there will be no P&Z meeting on Wednesday, July 3,the next meeting will be Wednesday, July 17. Planning and Zoning Commission June 26,2024 Page 9 of 10 Russett noted the City received a $3.7 million grant from HUD for the pro-housing grant application that was submitted late last year. There is going to be a big event at City Hall on June 27 at 1:30 pm and HUD representatives will be there as well as the mayor. Iowa City is one of 21 communities out of 175 that applied for these funds. Townsend congratulated everyone who participated in the grant proposal and noted there isn't a community in this country that doesn't need help with low-income housing. Russett noted it was a very well put together application that demonstrated the City's commitment to affordable housing not only on the land use side but also with the affordable housing action plan and fair housing study. Craig asked what was being built across from Iowa City Landscaping. Russett replied that will be a Dunkin Donuts. Townsend asked about the two big slabs of concrete on off Gilbert. Russett is not sure. Hensch noted there is a storage facility going up on Waterfront near Southgate in front of Plumbers Supply. Townsend stated people can't afford houses, so they have to have storage. She just wants to go on record again that it's horrible that affordable housing is based on the HUD formula that for a family of four is$90,000. That needs to be reevaluated as to what affordable is because if a single woman with three children, unless she's a doctor or professor, is not going to have $90,000. She would like to see it come back before this group and then to City Council to talk about what affordable actually is for Iowa City. Yes there are a lot of people making a lot of money in Iowa City but there is still a lot of people living under the trees in Iowa City. ADJOURNMENT: Townsend moved to adjourn, Quellhorst seconded and the motion passed 5-0. to C X O X ; X X X XXX - XXO XXx � � xx N X XXXXXX N NXLLI - XXxxx ti IXXXXXXX T" CD Np XXXXXX <O NXXX � Xxx Z O V5 T- XXXXXXX 20 OU co � � NoxXXXXXX W Cm? U N NQ� N � X Xxxxxx ad Z ZQ Zxxxxxxx Z Q IL � x xxx ° oX r' x xxo xx ti x Xox ! xx Nx XXX Xx �O N ` to r' X X X X XX W C Ow Nm cn -0o to W U J N M Q Z ¢ co J CL Q II II Z L7 W Ix � m ¢ ¢ 1e 0 w u u W ; � � � � w 2: YXOO ' Cl) � = Z = wU f- UO Uw O co) w J z ¢ J z 0 w 3 Q -1 w ¢ D O U w = aCY