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Home My WebLink About2011-10-04 Bd Comm minutesAirport Commission June 16, 2011 Page 1 MINUTES IOWA CITY AIRPORT COMMISSION JUNE 16, 2011 — 6:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Jose Assouline, Steve Crane, Howard Horan, Rick Mascari Members Absent: Minnetta Gardinier Staff Present: Sue Dulek, Michael Tharp Others Present: David Hughes, Jeff Edberg, Matt Wolford FINAL RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None CALL TO ORDER: 4b(7) As Chairperson Gardinier was unable to attend this meeting, Steve Crane chaired the meeting. He called the meeting to order at 6:00 P.M. APPROVAL OF MEETING MINUTES: The minutes of the May 12, 2011, meeting were discussed. Mascari moved to approve the May 12, 2011, minutes as submitted; seconded by Horan. Motion carried 4 -0, Gardinier absent. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION /ACTION: a. Aviation Commerce Park — Jeff Edberg — Edberg addressed the Members. He stated that he will be using a different report format for the Airport. Edberg noted that the market has been slow lately. He has had a couple of meetings with interested parties, one being a local baking company. Edberg continued, stating that the real estate flyers now show lease rates. He added that the advertisement for the Press - Citizen goes out every two weeks. He then responded to Members' questions and comments regarding the lots. b. FAA /IDOT Projects — AECOM — David Hughes i. Runway 7125 & 12/30 — Hughes noted that they have not heard anything new from the FAA on closeout of this project. The FAA has received the information, but still needs to come up with a final report. ii. Obstruction Mitigation — Hughes stated that they have approached the landowner on this issue and will be working on getting the sign removed from this parcel. He also noted that he needs to meet with Dulek regarding this issue. Airport Commission June 16, 2011 Page 2 7 -25 Parallel Taxiway — Hughes noted that since the last meeting they have bid the taxiway grading and drainage. Ten bids were received, according to Hughes, ranging from $1.3 million to $2.3 million. The low bid was from Carter and Associates out of Iowa City. Hughes continued, stating that they are at the point where they need to move forward with the grant application with the FAA. 1. Consider Resolution #A11 -12 Authorizing Chair to Execute a Grant Offer by the Federal Aviation Administration — Horan moved to consider Resolution #A11 -12; seconded by Assouline. Motion carried 4 -0, Gardinier absent. 2. Consider Resolution #A11 -13 Accepting Bids and Awarding Contract for Runway 7 -25 Parallel Taxiway Grading and Drainage — Mascari moved to consider Resolution #A11 -13; seconded by Assouline. Motion carried 4 -0, Gardinier absent. c. 2011 Air Race Classic — Crane asked if Tharp had any updates to share. Tharp noted that some of the racers have begun to arrive. There should be around 50 planes with 100 -plus crewmembers. He then shared some of the activities that will be taking place over the weekend, including the Girl Scouts' visit and the dinner /dance. Mascari asked if Tharp felt that there might be a need for a temporary tower, as they used several years ago. A brief discussion ensued, with Members agreeing that the pilots are professional enough that they should be cognizant of all that is going on. Tharp added that the Cedar Rapids' Airport is also aware of the activities and the race schedule so that the extra traffic will be expected. d. Corporate Hangar "L" — Mascari noted that he still has not seen the plans for this project. Tharp stated that they are in his office and suggested they set up a meeting so Mascari can review them. Mascari stated that he believes they should review the plans before voting on this issue. Dulek noted that tonight is just setting the public hearing, not approving the plans. i. Consider Resolution #A11 -14 Setting a Public Hearing for the Plans, Specifications and Form of Contract for the Construction of Hangar L on July 21, 2011 — Horan moved to consider Resolution #A11 -14; seconded by Mascari. Motion carried 4 -0, Gardinier absent. e. Hangar #32 — Mascari asked what happened with this business, and Tharp noted that Mr. Roof is retiring. Tharp added that Mr. Roof did submit a termination letter for the Commission. Members briefly discussed this situation, with Mascari asking that the mobile home in this area be removed once Mr. Roof is gone. Mascari then asked if there wasn't a waiting list for hangars. Tharp explained that for this particular hangar, the University was on the list, as was Jet Air. The rent for this hangar will be $615 per month, with a two -year cycle on the corporate agreement, according to Tharp. Rent can be renegotiated after the two years. L Consider Resolution #A11 -15 Terminating Lease Agreement for Hangar #32 With Keith Roof d /b /a Iowa City Aircraft Repair — Assouline moved to consider Resolution #A11 -15; seconded by Horan. Motion carried 4 -0; Gardinier absent. ii. Consider Resolution #A11 -16 Terminating Commercial Business Agreement With Keith Roof d /b /a Iowa City Aircraft Repair — Mascari Airport Commission June 16, 2011 Page 3 moved to consider Resolution #A11 -16; seconded by Assouline. Motion carried 4 -0; Gardinier absent. Consider Resolution #A11 -17 Approving a Use Agreement with the University of Iowa for Hangar #32 — Mascari moved to consider Resolution #A11 -17; seconded by Horan. Motion carried 4 -0; Gardinier absent. Airport "Operations ": Strategic Plan Implementation; Budget; Management — Tharp noted that the fiscal year is about two weeks away. Budget -wise things are going well, according to Tharp. Operationally, he noted that the repairs to the taxiway patching are done. Crane asked if Jet Air looks for competitive fuel prices, and Tharp noted that they do. Mascari brought up the idea of using fuel incentives to get more planes into the Airport. Others agreed that this might be a worthwhile approach. Mascari then asked for some clarification on the monthly cleaning amount by Jet Air. Tharp noted that it has to do with when the bills came in. g. FBO / Iowa Flight Training / Whirlybird Reports — Tharp noted that Matt Wolford was called away, but that he doesn't believe there was anything specific to report at this time. Matt Wolford returned to the meeting. He noted that they are mowing a lot now that the season is in full swing. Things are going well, and they are busy right now, especially with the Air Race Classic happening. h. Subcommittee Report — Infrastructure: Horan noted that the subcommittee has met. Issues of concern are the north -south taxiway in front of the terminal, rutted and rough; and the troublesome, too -wide storm drain. Also discussed was the idea of reconnecting 18 -36 with the north -south to facilitate parking. A brief discussion ensued, with both Horan and Mascari noting what could be done with this area. Horan continued, adding HVAC, upstairs carpeting, painting, tuck pointing, roof, and a new storage building to the list of items they need to consider for replacement, upgrading, etc. Horan noted that with the pin -lock door pad, they have met the goal of 24 -hour operations. The infrastructure group also discussed t- hangars and commercial hangars in trying to plan for repairs and upgrades. Crane asked if they couldn't all receive an email with this information. Horan will pass this on to Tharp for distribution to Members. Commission Members' Reports — Mascari spoke to Members next, stating that he believes they should make Tharp a full -time employee. He stated his reasons as being longevity, first of all, and the fact that Tharp is fully trained now in operations. He believes that they could stand to lose this valuable experience if they don't do something. Horan stated that he would fully support this. Dulek noted that they should add this to their July agenda in order to discuss it fully. Horan stated that he now has 7.1 hours of 'instruction.' j. Staff Report — Tharp noted that the State has forwarded their 2012 Aviation program to the Transportation Commission now, pending the Legislature's funding. Iowa City is on the list for everything they have requested, according to Tharp. Tharp also noted that he will be taking some vacation time once the Air Race Classic has wrapped up. He will return on July 5 th SET NEXT REGULAR MEETING: Airport Commission June 16, 2011 Page 4 The next regular meeting will be Thursday July 21 2011, at 6:00 P.M. at the Airport Terminal building. ADJOURN: Horan made the motion to adjourn the meeting at 6:51 P.M.; seconded by Mascari. Motion carried 4 -0; Gardinier absent. CHAIRPERSON DATE Airport Commission June 16, 2011 Page 5 Airport Commission ATTENDANCE RECORD 2011 Key: X = Present O = Absent O/E = Absent/Excused NM = Not a Member at this time TERM N N w rn o N NAME EXP. 03/01/1 X X X X X X X X Rick 3 Mascari 0310111 X X X X X X X X Howard 4 Horan Min netta 03/01/1 X X X X X X X O Gardinie 5 / r E Jose 03/02/1 X X X X O/E O/E X X Assoulin 2 e Steve 03/0211 O/E X X X X O/E X X Crane 4 Key: X = Present O = Absent O/E = Absent/Excused NM = Not a Member at this time Airport Commission 44,, July 21, 2011 4b(2) Page 1 MINUTES FINAL IOWA CITY AIRPORT COMMISSION JULY 21, 2011 — 6:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Jose Assouline, Steve Crane, Minnetta Gardinier, Howard Horan, Rick Mascari Staff Present: Sue Dulek, Michael Tharp Others Present: Jeff Edberg, Matt Wolford, Philip Wolford, Eric Scott RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None CALL TO ORDER: Chairperson Gardinier called the meeting to order at 6:08 P.M. APPROVAL OF MEETING MINUTES: The minutes of the June 16, 2011, meeting were briefly discussed. Mascari moved to approve the June 16, 2011, minutes as submitted; seconded by Crane. Motion carried 5- 0. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION /ACTION: a. Aviation Commerce Park — Jeff Edberg — Edberg addressed the Members, noting that they have a new reporting system. He noted that since the last meeting he has not received any additional calls on the lots, but that another broker thought he had a possibility. Edberg continued, noting that he does have a very interested party and plans are being developed for a 7,000- square foot facility for a commissary (kitchen) type business. He also noted that the dog business who is interested in a lot is still struggling with financing at this point. b. Corporate Hangar L — i. Public Hearing — Gardinier opened the public hearing. Eric Scott joined the Members at the table, noting that he has plans and specs to share with them. Tharp noted that what the Members are seeing is a modification of the previous plans. He noted that the pricing of the 62 ft. x 65 ft. hangars is just too high for their budget. Tharp continued to respond to questions and concerns about this change in the hangar plans and specs. Members voiced their concerns about the sizing of this hangar, with Mascari noting that he believes they are not ready yet to move forward with this. He believes they need to look at this a bit more. Tharp stated that with the budget they have to work with, they do have some limitations. Scott responded to Airport Commission July 21, 2011 Page 2 Members' questions, as well. Mascari asked for some clarification on the funding that they do have and how much they would need to come up with. He asked if the State still offers 70% money on infrastructure projects. Tharp and Scott continued to respond to questions, explaining what led them to offer the alternative plans. The discussion centered on a hangar with various sized doors and spaces, with Members noting that they need to think about future needs and being flexible. Members continued to discuss various configurations for a hangar. Jet Air weighed in as well on what size hangars would best meet their needs. Members agreed that they would like to have Eric Scott return with a cost estimate for the alternative configuration for their review. Members continued to discuss what they would like to do, and Gardinier went around the table to get everyone's opinion. Dulek then informed the Members what they need to do in this situation. Gardinier then stated that she would like them to accept this plan as discussed, until they get the addendum or alternate option. Members decided to hold a special meeting on Thursday, August 4, 2011 at 6:00 P.M. Mascari moved to continue the public hearing at the 8/4/11 meeting. Horan seconded the motion. Motion carried 5 -0. ii. Consider a Resolution Approving Plans, Specifications, and Form of Contract for the Construction of Hangar L — Mascari moved to defer this to the 8/4/11 meeting. Horan seconded the motion. Motion carried 5 -0. Mascari asked if the Commission could jump to Item g.i, as he has another commitment and needed to leave the meeting early. Members agreed. [See discussion below.] c. FAA/IDOT Projects — AECOM — David Hughes i. Runway 7/25 & 12/30 — Tharp noted that there isn't much to update. They are still awaiting the FAA to get through the final documentation before this project can be completely closed out. ii. Obstruction Mitigation — Nothing new to report here. iii. 7-25 Parallel Taxiway — Tharp noted that Public Works is currently doing the independent review on this. That means the resolution needs to be deferred until the next meeting. 1. Consider a Resolution Approving Agreement With AECOM for Construction Related Services for the Construction of the Runway 7 -25 Parallel Taxiway Grading and Drainage — Horan moved to defer the resolution until the August 4, 2011 special meeting. Crane seconded the motion. Motion carried 4 -0; Mascari absent. d. FY2012 Iowa Department of Transportation Grants — Tharp noted that the paperwork has been received on one of the grants. This is for the exterior lighting, switching over to LEDs, and more electrical work on the hangars, along with security upgrades. He noted that the entire program was approved; however, funding for about $750,000 worth is still pending the Governor's signature on legislation. i. Consider a Resolution Accepting Grant Agreement 911201OW100 —Horan moved to recommend Resolution #A11 -18 Accepting Grant Agreement 911201OW100 as discussed. Assouline seconded the motion. Motion carried 4 -0; Mascari absent. Airport Commission July 21, 2011 Page 3 e. 2011 Air Race Classic — Tharp noted that he put this on the agenda, as he wanted to thank the Jet Air staff for all they did during the Air Race Classic. He added that it was a good event even though they did not get the final send -off due to the weather. Gardinier noted that she received good feedback from the racers. One of the comments made at the end of the race, according to Gardinier, was that the Air Race Classic should consider places like Iowa City in the future. f. 2011 — 2012 T- Hangar Rates and Charges — Gardinier recused herself from this discussion, as she has a conflict of interest in the matter. Tharp noted that it is that time of the year again to start looking at rates and fees at the Airport. He noted that Members received a memo from him laying out the background on this matter. His recom- mendation is to raise rates based on the inflationary factor. Tharp responded to Members' questions concerning hangar rates. Members also discussed the waiting list numbers with the commission. Gardinier commented from the public that she felt renters at the airport were paying a premium to have their aircraft here. Gardinier then asked about the status of the waiting list to which Tharp responded. Wolford commented that the construction of the new hangars would also impact the list. Tharp noted that leases expire in September. Members looked at several different scenarios and came to the agreement that a 2.5% increase is what they would like to go with. Tharp stated that they will be using the same lease agreement, as this has not changed. Horan moved to increase all rents by 2.5 %. Crane seconded the motion. Motion carried 3 -0; Gardinier recused herself and Mascari absent. g. Airport "Operations ": Strategic Plan Implementation; Budget; Management — Airport Operations Specialist Position [This item was discussed earlier, following Item b.ii., as noted above.] — Mascari noted that he would like to review the Operations Specialist position. He continued, stating that he believes they should change this position from part-time status to full -time. He explained his reasoning for this, adding that if they were to lose Tharp to another airport it would be a huge loss for the Commission. He would like to see this change made in order to protect their interests of having a full -time Airport manager. Gardinier noted that she would support such a change. Gardinier asked Tharp to draft a rationale with specific goals for how the additional time would benefit the Airport and the Commission. A discussion ensued, with Members agreeing that this position should be full time. The history of how this position developed was also discussed. Gardinier noted that she would like to speak with the City Manager regarding the amount the Airport puts toward the Economic Development Coordinator position. This amount would help them in bringing the Airport position up to full time. (Mascari left the meeting at this point.) Gardinier asked if anyone had anything regarding Airport operations. Tharp noted that they are now in the new fiscal year. He stated that they ended with about $70,000, but the parking lot overlay is still needed and that is around $40,000. This leaves around $30,000 from last fiscal year. Tharp noted that he was notified of a "homeless" encampment on some Airport property recently. He added that it will take some time to clean up this area and that everything needs to be removed. This will take some tractors that are able to knock down large brush. Tharp stated that he is working with Carol Sweeting from City Hall on this issue. The discussion continued, with Tharp noting that there were two areas with about 5 or 6 tents. Airport Commission July 21, 2011 Page 4 Gardinier stated that she believes the police should be watching this area more closely if there are that many camps being kept. Tharp will let Members know what he finds out from City staff. Gardinier stated that she believes they should get some estimates on cost for removing this brush. Tharp added that he wants to see what Carol Sweeting can come up with as she is suggesting volunteer help. Tharp noted that he and Gardinier have been working on the accelerated hangar debt repayment agreement. He noted that the current agreement distributed to them is from the City Manager's office. He briefly explained the idea behind this 70/30 split, with 70% of sales proceeds paid directly to the City and with 30% of sales proceeds retained by the Commission if needed for airport expenditures. This will maintain the current status quo policy of the City matching funds. Tharp added that if the Members are in agreement, they can move forward with this. Horan moved to approve the agreement regarding hangar debt repayment and lot sales, per the City Manager's agreement. Crane seconded the motion. Motion carried 4 -0; Mascari absent. h. FBO / Iowa Flight Training / Whirlybird Reports — Matt Wolford of Jet Air addressed the Members, stating that they were really happy with the Air Race Classic turnout. He noted that they have still been mowing a lot and keeping bushes trimmed. Philip Wolford spoke next, stating that they will be switching fuel vendors in the near future, sometime between August 15 and September 15. They will be going with Shell once the change is made. He added that this brings his three locations under one fuel vendor and ordering system. Philip also noted that Pat Sheridan's last day was the last day of the Air Race (June 21) and that he has moved to Colorado for a job. L Subcommittee Report — None. j. Commission Members' Reports — Horan asked that Members check the Facebook page for the Airport, adding that he put some photos up. k. Staff Report — Tharp reminded Members that the FAA Airports Conference is coming up in Kansas City, September 27 -28, 2011. He added that if anyone would like to join him to please let him know. SET NEXT REGULAR MEETING: A special meeting will be held on Thursday, August 4, 2011, at 6:00 P.M., and the next regular meeting will be Thursday, August 18, 2011, at 6:00 P.M. at the Airport Terminal building. ADJOURN: Gardinier made the motion to adjourn the meeting at 8:40 P.M.; seconded by Horan. Motion carried 4 -0; Mascari absent. CHAIRPERSON DATE Airport Commission July 21, 2011 Page 5 Airport Commission ATTENDANCE RECORD 2011 Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time TERM NAME r r r EXP. o i - N o v cc N N o — r N V co r N N M V u7 (0 rl- do co Rick 03/01/13 X X X X X X X X X/E Mascari Howard 03/01/14 X X X X X X X X X Horan Minnetta 03/01/15 X X X X X X X O/E X Gardinier Jose 03/02/12 X X X X O/E O/E X X X Assouline Steve 03/02/14 O/E X X X X O/E X X X Crane Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time Airport Commission August 4, 2011 4b(3) Page 1 MINUTES FINAL IOWA CITY AIRPORT COMMISSION AUGUST 4, 2011 — 6:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Jose Assouline, Steve Crane, Minnetta Gardinier, Howard Horan, Rick Mascari Staff Present: Sue Dulek, Michael Tharp Others Present: Matt Wolford, Eric Scott RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None CALL TO ORDER: Chairperson Gardinier called the meeting to order at 6:06 P.M ITEMS FOR DISCUSSION /ACTION: a. Corporate Hangar L — i. Public Hearing — Dulek reminded everyone present that this was a continuation of the public hearing from the July 21 meeting. Tharp noted that Scott was distributing cost estimates and the revised plans and specs which the Commission wanted to see. Scott described the plan details with Members. Members asked questions regarding the plans to which Scott responded. Mascari expressed caution for the Commission and described the construction of Building F. Mascari noted that shortly after the construction the FBO at the airport had left and that caused the budget issues that the airport experienced. Mascari noted that given the economic climate he felt spending this amount of money was not occurring at the best time. Members discussed the financing of the project. Tharp noted that tonight the decision is to send out the plans as presented to bid. Wolford noted that he felt the space was needed and that getting more hangar space would be good. Wolford noted that the fuel prices at Iowa City were less than other places in the area and that was also attracting aircraft to the airport. Mascari reiterated his concern with the timing of the project noting that this would be a vote that would not be unanimous. ii. Consider a Resolution Approving Plans, Specifications, and Form of Contract for the Construction of Hangar L — Crane moved resolution #A11 -19, seconded by Assouline. Motion carried 4 -1, Mascari voting negative. Scott asked about next meeting. Tharp noted that if the Commission meets for their regular meeting on the 25th, they would not need to set a special meeting. Members discussed the new date. Members agreed to move the regular meeting to the 25th at 5pm b. FY2012 Iowa Department of Transportation Grant i. Tharp noted this is the other grant that had been expected from the state. Tharp noted that this grant covered the terminal repair work. Mascari asked what the Airport Commission August 4, 2011 Page 2 value of the grant was, and if there were matching funds required. Tharp noted the grant value was $100,300 and that there was a 15% local match. Mascari moved resolution #A11 -20, seconded by Horan. Motion carried 5 -0. ADJOURN: Meeting adjourned at 6:34pm. CHAIRPERSON DATE Airport Commission August 4, 2011 Page 3 Airport Commission ATTENDANCE RECORD 2011 Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time TERM NAME EXP. C) N `� I - N o v r co N N r co �_ N_ � Co 00 00 � Zoo N N co LO (0 1— Co Rick 03/01/13 X X X X X X X X X/E Mascari Howard 03/01/14 X X X X X X X X X Horan Minnetta 03/01/15 X X X X X X X O/E X Gardinier Jose 03/02/12 X X X X O/E O/E X X X Assouline Steve 03/02/14 O/E X X X X O/E X X X Crane Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time Airport Commission l., August 25, 2011 4b(4) Page 1 MINUTES FINAL IOWA CITY AIRPORT COMMISSION AUGUST 25, 2011 — 5:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Jose Assouline, Steve Crane, Minnetta Gardinier, Howard Horan, Rick Mascari Staff Present: Sue Dulek, Michael Tharp Others Present: Jeff Edberg, Matt Wolford, Philip Wolford, Eric Scott, David Hughes, John Yeomans, Kumi Morris, Darryl Smith, Chuck Meardon RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None CALL TO ORDER: Chairperson Gardinier called the meeting to order at 5:08 P.M. APPROVAL OF MEETING MINUTES: The minutes of the July 21 and August 4, 2011, meetings were briefly discussed. Mascari moved to approve the July 21, 2011, minutes as submitted; seconded by Crane. Motion carried 5 -0. Mascari moved to approve the August 4, 2011, minutes as submitted; seconded by Assouline. Motion carried 5 -0. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION /ACTION: a. Corporate Hangar L — Tharp noted that on Tuesday bids were opened for this project. He added that the bids came in very high. There were six bids in total. Tharp briefly reviewed the bids, and Gardinier explained what the various bids entailed. Members discussed the situation, asking for clarification from the consulting engineer. Members voiced their concerns regarding the disparity in costs for this hangar. Gardinier noted that she would like to get a response from Scott on the 30% discrepancy in numbers. After lengthy discussion, Members decided to reject these current bids, as there is a $200,000 gap. Tharp noted that Members will need to decide if they want to do a re -bid on this project. He added that he would like to rework the numbers to see if they can still get this project accomplished. Tharp continued, stating that he would like to report back in two weeks and tell the Members where they stand on this project before completely letting it go. Members also voiced their concern at the possibility of having to return the grant money on this project. A decision was then made to have Tharp report back to Members on this at the next regular meeting, September 15. Airport Commission August 25, 2011 Page 2 i. Consider Resolution #A11 -21 Accepting Bids and Awarding Contract — Gardinier moved to reject all bids; seconded by Mascari. Motion carried 5 -0. b. Terminal Building Brick Repair — Tharp introduced Kumi Morris from Public Works and Darryl Smith with VJ Engineering, noting that he asked them to attend this evening's meeting so they could hear what the Members are looking for in design ideas. i. Consider Resolution #A11 -22 Approving a Contract With VJ Engineering for Design and Construction Engineering Services — Mascari moved to consider Resolution #A11 -22; seconded by Crane. Motion carried 5 -0. c. Ruppert Land — Tharp spoke to Members regarding this parcel. He noted that the Ruppert family would like to sell this land to the Airport. An appraisal would need to be done first, among other things, according to Tharp. Assouline moved to authorize an appraisal of the Ruppert parcel; seconded by Horan. Motion carried 5 -0. d. Airport Commerce Park — Jeff Edberg addressed Members next, stating that he just received a call about a lot and that he is still working with the other party, who has narrowed their search down to either the Iowa City Airport lot or one in Coralville. Edberg noted that he has talked with both city managers, to see if there are any financial incentive programs available for such a venture. Edberg stated that he also let the interested party know that a lease may be a possibility, as well. e. Airport Farming / Farmer's National Agreement — Tharp stated that it is time again for the Commission to decide if they want to continue this agreement or not, as it will renew automatically. He added that they also need to decide what to do with the farming leases they have. John Yeomans noted that Merschman Seeds is interested in continuing their lease. He added that they have a new product line coming out and definitely want to keep their plots at the airport. Members began a brief discussion on raising rental rates, and Tharp noted that he would like to add some other areas for upkeep and maintenance into the farming agreement. A discussion ensued regarding the areas that need some attention. f. FAA /IDOT Projects — AECOM — David Hughes - i. Runway 7/25 & 12/30 — Hughes noted that there is still one grant open on this. ii. Obstruction Mitigation — Hughes noted that they are also working with the FAA on this project, mainly regarding what can and cannot be done in approaching a property owner. He will get the draft letter to Dulek for her review. iii. 7 -25 Parallel Taxiway — Hughes noted that the FAA's grant on this has been delayed due to the earthquake on the east coast. They do expect to have it in the mail next week, however. He added that construction should begin in September. 1. Consider Resolution #A11 -23 Approving Agreement with AECOM for Construction Related Services for the Construction of the Runway 7 -25 Parallel Taxiway Grading Airport Commission August 25, 2011 Page 3 and Drainage — Horan moved to approve Resolution #A11 -23; seconded by Mascari. Motion carried 5 -0. g. Airport "Operations ": Strategic Plan- Implementation; Budget; Management — Mascari asked about some charges on page 4 of 21, Building Repair and Maintenance Services, to see what they are spending on maintenance, outside of what Jet Air does under their contract. Tharp explained what the charges consist of, noting that Jet Air is who provides this service. The other charge, according to Tharp, was for glass replacement. Mascari also brought up some concerns that a tenant discussed with him. The idea of a "comment box" was also brought up. Gardinier agreed that this is a good idea. L Airport Operations Specialist Position — Gardinier asked that Members read Tharp's letter and provide feedback on this. She will then meet with the City Manager in the next month to discuss this. Mascari brought up the idea of some type of incentive system for Tharp, noting that they could use this comment box to gauge how things are going. Assouline noted that he does not necessarily agree with this idea. Horan stated that he would agree to some type of incentive program, but that the comment box is not it. Gardinier then weighed in on this issue, noting that some of these comments could be inaccurately pinned on Tharp. The conversation continued, with Mascari noting that if they make this a full - time position, he believes that Tharp should be considered the Airport Manager. He continued, explaining his stance on this. Assouline stated that he believes the Commission, as a body, should use the annual reviews for this position to handle pay increases, versus incentives throughout the year. Mascari continued to make his point, reiterating that he believes job performance should be considered here when looking at not only a normal raise, but also some type of bonus. Gardinier again asked that Members send her an email with their suggestions, comments, as she would like to move this forward in the next month. h. FBO — Iowa Flight Training / Whirlybird Reports — Matt Wolford of Jet Air addressed the Members next, noting that the Sertoma event is this weekend. They have been catching up on weeds and various maintenance things in preparation. The Wolfords also noted that with the change in the fuel supplier, to Shell, they are seeing some nice fuel incentives for pilots. There will also be some advertising perks with this change. Gardinier asked if IFT and Whirlybirds ever have anything new to share. Tharp stated that if the Commission would like them to attend once in a while, he can relay that message to them. L Subcommittees' Reports — Budget Commission — Tharp noted that he and Crane met to discuss last year's budget. They then discussed next year's budget, with Tharp noting that budget materials won't be out for another month or so. Some of the ideas include updating Tharp's office, and the IT fiber optic and computer equipment. Once the materials are received for next year's budget, Tharp stated that they will bring this to the Commission for review. Gardinier asked if the Commission would like a synopsis of the ideas being tossed around for next year's budget. This would allow Members to give feedback to the subcommittee. Airport Commission August 25, 2011 Page 4 j. Commission Members' Report — Mascari noted that with five members on this Commission, they have five different opinions. He asks that Members view ideas and suggestions with an open mind, and that they be more open to making some changes. Gardinier encouraged everyone to come out to the Sertoma event this weekend, and the following weekend to the Tri -Motor event. k. Staff Report — Tharp reminded Members of the FAA conference in Kansas City next month. SET NEXT REGULAR MEETING: The next regular meeting will be Thursday, September 15, 2011, at 6:00 P.M. at the Airport Terminal building. ADJOURN: Gardinier made the motion to adjourn the meeting at 7:00 P.M.; seconded by Horan. Motion carried 5 -0. CHAIRPERSON DATE Airport Commission August 25, 2011 Page 5 Airport Commission ATTENDANCE RECORD 2011 Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time TERM r\v N w � c\n rn ao co o o rn N Cn NAME EXP. 03/01/13 X X X X X X X X X/E X X Rick Mascari 03/01/14 X X X X X X X X X X X Howard Horan Minnetta 03/01/15 X X X X X X X O/ X X X Gardinier E Jose 03/02/12 X X X X O/ O/ X X X X X Assouline E E Steve 03/02/14 O/E X X X X O/ X X X X X Crane E Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time 4b(5) MINUTES APPROVED BOARD OF ADJUSTMENT August 10, 2011— 5:15 PM CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: Brock Grenis, Adam Plagge, Caroline Sheerin MEMBERS ABSENT: Will Jennings, Barbara Eckstein STAFF PRESENT: Sarah Walz, Sarah Holecek, Nick Benson OTHERS PRESENT: Jeff Linder, Chris McGuire RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: Grenis, Sheerin, and Plagge were present. A brief opening statement was read by the Chair outlining the role and purpose of the Board and the procedures that would be followed in the meeting. CONSIDERATION OF THE July 13, 2011 MEETING MINUTES: Grenis offered corrections to the minutes. Plagge moved to approve the minutes as amended. Grenis seconded. A vote was taken and the motion carried 3 -0 (Eckstein and Jennings excused). SPECIAL EXCEPTION: Board of Adjustment August 10, 2011 Page 2of10 EXC11- 00007: Discussion of an application submitted by Streb Construction Co., Inc. for a special exception to allow a concrete manufacturing plant in the General Industrial (1 -1) zone on Independence Road, north of 420th Street and south of Liberty Drive. Sheerin noted that in the interest of providing time for both the board and the public the board would move to defer this item to another meeting. Walz listed the items that had been received since the packet had mailed and noted that she would make this and any subsequent information available to the board and the public on Friday, by Friday, August 12th. Wlz noted that a special meeting already scheduled for August 17 would start at 5:15. Plagge moved to defer the application until the August 17th meeting. Grenis seconded. A vote was taken and the motion to defer carried 3 -0 (Jennings and Eckstein excused). Exc1100006: Discussion of an application submitted by James Truong of Panda Restaurant Group for a special exception to allow a drive - through restaurant in the Community Commercial (CC -2) zone at 1035 Highway 1 W. Benson showed a location map of the property in the CC -2 zone located along Highway 1 West. CC -2 zone is meant to serve retail properties. Dairy Queen is the lot to the east. The property is surrounded on all sides by commercial properties. Properties to the northeast and west is apart of the Wal -Mart shopping complex. Benson showed an areal of the property pointing out a storm water detention facility that runs along the southern edge of the Wal -Mart shopping center and about half of the southeast portion of the subject lot. Benson showed an overall plan for the shopping center to give an idea of the final build -out of the Wal -Mart shopping center and the location of the storm water detention facility located on the southern edge. The site plan for proposed restaurant and drive through shows two entrance and exits on the north side of the property. Benson stated that there is a proposed pedestrian access from the greater parking lot of Wal -Mart into the Lot 2. Another pedestrian access is located on the northeast corner of the site. There are a couple of main issues that are looked into in regards to a drive - through on a restaurant. First is whether the site can handle the traffic of the drive - through and the stacking of the vehicles in the drive - through; whether adjacent properties or uses would be affected by light and noise generated by the drive - through; and. pedestrian and vehicle safety on the site. Bensen pointed out that the private drive coming into the parking lot is built to handle the traffic for commercial activities such as the proposed restaurant and drive - through. There will Board of Adjustment August 10, 2011 Page 3of10 be stacking room for up to seven cars, which is ample space before the cars would back up into the parking areas. The drive - through is located along the back side of the building away from the traffic that is coming in and out of the shopping center and Highway 1. Benson brought up the fact that the board approved the special exception for the Dairy Queen drive - through which is located to the east a couple of months ago. The commercial properties surrounding are compatible with the drive- through that is proposed. Benson noted that of the S2 screening is not actually shown on the site plan it is noted verbally on the plan. Benson stated that the staff would recommend a condition that the S2 screening is provided along the east side of the drive - through lane. The south side of the drive - through (also required to have S2 screening) is adjacent to an undeveloped commercial property and Wal -Mart is required to put in landscaping along the perimeter of the site as a conditional zoning agreement for the larger shopping complex so staff recommended that a waiver for S2 screening in this area be allowed. Benson stated that the pedestrian safety and separating vehicle traffic from pedestrian traffic staff believes that the site is away from the drive - through. Staff feels there is no safety conflict between the pedestrians and the vehicle on this site. Staff recommends approval of the special exception subject to the conditions that the S2 screening be installed along the eastern boarder of the site. Plagge pointed out the locations of the Panda Express, Dairy Queen and asked where the Culvers would be located on the comprehensive view plan. Benson pointed out it was located across Highway 1 to the north and east of the properties. Plagge asked if there is a pedestrian sidewalk that would lead to Wal -Mart or to the bus stop. Benson pointed out the sidewalk that will run along the north side of the property. Plagge asked where a bus stop would be located. Benson pointed out on the map where one bus stop was located but was unsure if there would be another one. There were no further questions for staff and Sheerin invited applicant to speak. Jeff Linder, Mansfield, Texas, stated the City staff covered the plan well. Jeff came from the site and noted that the driveway on the east side and the sidewalk to the north have already been constructed. All utilities are in. The building process has not started yet. The contractor tearing out the old Wal -Mart is moving out towards the end of the week. Sheerin asked for any public discussion. There was none. Sheerin asked the City staff for any additional comments. Walz wanted to make sure that the board understands that a waiver of the S2 screen requirement along the south side where the storm water facility is sought because there is about 60 feet of separation between the property line for Panda Express and the property line for the next commercial zone to the south, which is currently undeveloped. Sheerin asked if it was included in the staff recommendation. Benson Board of Adjustment August 10, 2011 Page 4of10 stated it was not. Holecek stated it would be good to note the waiver of the S2 screen requirement along the southern border. Sheerin closed public discussion. Sheerin invited Board discussion and findings of fact. Sheerin outlined the specific standards. Sheerin stated that this application meets the first specific standard relating to drive through - lanes, stacking spaces and the paved area because the proposed site does allow for up to seven cars to access the drive - through before stacking into the eastern most parking area. The drive - through is located at the rear of the site so the vehicle circulation is separated from other traffic entering or exiting Lot 2 as well as other shopping center traffic. The property is also served by a private drive and so it won't likely impact on the public right -of -way. Drive - through circulation is directed behind the building and is not readily visible from any residential zones. Signs are posted at the entrance according to the site plan and the exit to the drive - through and there is also a stop message marked on the pavement where the drive - through meets the northeastern entrance and the exit to the subject lot. The proposed site plan shows that pedestrian connections from the shopping center run across lot 2 are away from the drive - through and pavement marking will be required as part of site plan approval. Sheerin said that the second specific criteria relates to the transportation system is capable of safely supporting the proposed use. The property is accessed by a private drive from state Highway 1, there is ample stacking space and is not in conflict with pedestrian access to the restaurant. The third specific criterion states the setback requirement of 10 feet. The drive - through lane meets the setback standard on all sides and the required S2 perimeter screening is provided in these areas. The fourth standard deals with lighting and will be reviewed by the building department. The building is away from near by residential zones and meets the specific criteria. Sheerin also reviewed the general standards. The first general standard requires that the proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Highway 1 and the private drive are designed to accommodate the levels of traffic generated by the CC -2 uses and the drive - through will not back up onto public roads. The second general standard the facility is located in the rear of the building and is bordered by undeveloped intensive commercial CI -1 property and a storm water detention facility. Views of the drive - through are limited due to its location and screening. The third general standard is met because it will not impede normal or orderly development and improvement of the surrounding property. Board of Adjustment August 10, 2011 Page 5 of 10 The fourth general standard in regards to adequate utilities, access roads, drainage and /or necessary facilities, here all necessary utilities are available at the site. The private drive was designed to support these levels of traffic. The building engineer will review the plan as apart of the larger shopping center development. All drainage for the shopping center is directed to the storm water facility. Sheerin stated the fifth general standard is in regards to the ingress or egress. Traffic from the drive - through will not stack onto public streets or neighboring properties and there is ample stacking space. The sixth general standards respect to conforming to applicable regulations and standards of the zone. Will need submitted to final site plan review and building permit. As to the seventh general standard, the Souhtwest District Plan identifies this area as appropriate for Highway- oriented commercial development. Grenis moved to approve EXC11- 00006, a special exception to allow a drive - through facility in the Community Commercial (CC -2) zone, at 1035 Highway 1 West, subject to the following conditions: • Substantial compliance with the site plan submitted, including signage and pavement markings indicating the one -way circulation of the drive and marking of the pedestrian areas; Approval by the building official of the lighting plan and any signage for the site; Waiver of the S2 screening requirement along the south property line adjacent to the drive through. Moved by Grenis. Seconded by Plagge. A vote was taken and the motion carried 3 -0 (Eckstein and Jennings excused). Sheerin declared the motion approved, noting that anyone wishing to appeal the decision to a court of record may do so within 30 days after the decision is filed with the City Clerk's Office. EXC11- 00008: Discussion of an application submitted by McCon Bldg. Corp for a special exception to allow a drive - through restaurant in the Community Commercial (CC -2) zone located at 710 Hwy 1 West, east of Hawk Ridge Drive. Benson showed the location map with the property located in the CC -2 zone. To the east is a CI -1 property and to the north an 115-8 property. To the west is a plannned unit development of medium density /multi family residential and to the south'a CI -1 property. Board of Adjustment August 10, 2011 Page 6 of 10 Benson pointed out that it is important to note the contour lines that are shown on the areal property map. The southern half of the property is flat. On the north part of the property there is a steep grade and on up to the RS -8 zone to the north and the west toward the Lodge complex. There are single - family homes located to the north of the property. Benson reviewed the site plan with the Board. He noted there is a new plan that was just delivered today with only a minor change between the two plans. The change shows a 15 foot easement for a future walking trail along the far western edge of the property. The change does not affect the overall of the site plan. Benson noted the entrance to the subject lot is located on the southwest and another on the southeast of the property. The drive - through for Culvers is different than most drive - through restaurants. The drive - through is larger for the system they use of delivering of their items. When looking at the level of traffic and stacking of vehicles, traffic is not an issue for the amount traffic that comes off of Hawk Ridge Drive and Highway 1. The property to the east is a commercial property for a bank. The drive has adequate capacity to handle the kind of commercial traffic that would be entering or exiting the subject lot. Benson noted, as it is stated in the staff report, that there are five spaces for cars to stack at the order waiting line, at least six spaces for cars to stack going up to the opayment window, and then there are another five spaces for the cars that are waiting for a meal brought out to the their car. The area is located in the back of the lot so there would be no issue of backing up into the parking area or the entrance way. There is an S3 screening requirement provided along the northern portion of the lot because of the drive - through and the adjacent properties. The land to the north is zoned RS -8 and has a steep grade with a height of 35 to 40 feet higher than the subject lot and would not be effected by the drive - through if it was ever developed. The Lodge is located to the west and is in a residential zone. The applicant has provided S3 screening on the northwest edge of the property and an S2 screening on the west edge. Benson stated that the City staff feels it is reasonable to reduce the S3 screen along the west edge to S2 screening because the Lodge is at a much higher grade and is away from the restaurant and the drive itself. It was also noted that the vehicle lights will not affect the Lodge. In regards to vehicle and pedestrian safety Bensen noted that the applicant has separated the drive - through and the parking areas by a median. There is pedestrian access on the southwest corner of the site and on the northeast corner. Both areas will Board of Adjustment August 10, 2011 Page 7 of 10 be marked and City staff feels that there would not be any conflict between the pedestrian areas and the drive - through. City staff recommends approval of the special exception subject to substantial compliance with the site plan submitted including the pavement markings of the pedestrian areas. Also approval by the building official the lighting plan and signage needed. Sheerin asked if there are any questions for staff. Holecek asked if there a reduction from S3 to S2 screening along the western boarder. Benson stated that the S3 screening is a requirement along the western side, but that City staff felt it was okay to reduce the screening to S2 because of the change in elevation of the adjacent residential zone. Grenis asked if this was a condition or if it was apart of the site plan. Holecek stated it should be a part of the motion. Plagge confirmed that the property directly to the north was a residential property. Plagge asked when the walking trail and the easement were put into place. Benson noted it was apart of the re- subdivision process in 2007. Plagge asked if the walking trail was connected to the rest of Iowa City trails, or is it a nature trail or was it designed to be commercial access. Benson stated it was not currently constructed . Walz noted that the trail was to provide a connection between Benton Street and the highway. Plagge confirmed so it was more of a side walk connection rather than a walking trail. Benson stated that the Lodge doesn't currently have a lot of pedestrian access toward the University and that this path would provide that. Plagge asked if it was possible to have residential development along the north of the property line. Benson stated that it would be difficult because of the steep hill grade. It could be possible to have development along the northern hill but with the height difference the drive - through would not affect the residential property. Walz confirmed that the potential for development is limited given the slopes. Plagge asked if the City has received any plans from the land owner to the north. Bensen confirmed none have been received. Sheerin invited the applicant to speak. Chris McGuire, Highland, WI gave compliments to the City for a great experience. Stated he was open to any questions that needed answered. Sheerin asked for any public discussion. There was none. Board of Adjustment August 10, 2011 Page 8of10 Sheerin closed public discussion. Sheerin invited Board discussion and findings of fact. Plagge stated a concern regarding the reducing to the S2 screening there will be pedestrian traffic on the path. There will be lights and a loud speaker which might have an impact to pedestrians that will walk. Plagge asked if there would be room for a S3 screening in that area. Walz responded with suggestion of using narrower trees that would only need to reach 6 feet for the S3 screening. Sheerin stated that they will remove the City's request of a reduction of S3 to S2. Plagge outlined the specific standards. The number of drive - through lanes, stacking spaces and paved area is not going to be detrimental to any neighboring properties. The Board feels that they meet the criteria by allowing 16 cars to stack. There are no safety concerns regarding landscaping. Transportation system is capable of supporting the proposed use. The stacking will be at the rear of the restaurant and there will be no interference with the parking area. Circulation will not conflict with pedestrian access. The drive - through lanes are set back 10 feet from adjacent lot lines and public right of way and screened from view with the S2 standard. Drive - through does meet all requirements and is set to all standards. Plagge noted that the site plan shows the required S3 perimeter screening is provided along the north, northwest, and western sides. Site plan will conform to the S3 lighting of the drive - through facility must comply with the outdoor lighting standard set forth in article 145G. Screening standard will mitigate any potential negative impacts from the lights on the RS -8 zone to the north of the property and the steep hills will provide screening on the other side. General standards found also met. Specific proposed exception will not be detrimental or endanger the public health safety, comfort or welfare. This satisfies the criteria according to specific standards one and two. The proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. Satisfy these criteria based off of the compatible neighboring uses and the view of the drive - through is limited by the screening. The establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone where property is located for reasons stated in one and two. Adequate utilities, access roads, drainage and /or necessary facilities have been or are being provided. All necessary utilities are available at the site. Board of Adjustment August 10, 2011 Page 9of10 Adequate measures have been or will be taken to provide ingress or egress designed is as to minimize traffic congestion on public streets. Traffic from the drive - through will not stack onto the public streets or neighboring properties. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards. The final site plan will be reviewed for building permit. The building official will review the plan to determine all applicable standards and requirements have been met that are not specifically addressed here. Including the requirements for lighting and signage are satisfied. All applicable zoning requirements must be met in order for the building permit to be issued. The proposed use will be consistent with the comprehensive plan as amended. The southwest district plan identifies this area as an appropriate commercial development. Grenis moved to approve EXC11- 00008, a special exception to allow a drive - through facility in the Community Commercial zone, at 710 Highway 1 West, subject to the following conditions: • Substantial compliance with the site plan submitted, pavement markings of the pedestrian areas; • Approval by the building official of the lighting plan and any signage for the site; Moved by Grenis. Seconded by Plagge. A vote was taken and the motion carried 3 -0 (Eckstein and Jennings excused). Sheerin declared the motion approved, noting that anyone wishing to appeal the decision to a court of record may do so within 30 days after the decision is filed with the City Clerk's Office. OTHER: Sheerin asked the Board for any other comments or questions. Walz stated that there are two deferrals that will occur on August 17. Asked the Board to keep in mind they are to not talk to other people. People should not contact you and if they do refer them to the City office in the interest of no act part take communication. Walz will forward any materials submitted since the report to the Board by Friday. Grenis made a request for one more visual of an areal view for the EXC11- 00006. Walz confirmed request. BOARD OF ADJUSTMENT INFORMATION: Board of Adjustment August 10, 2011 Page 10 of 10 None. ADJOURNMENT: Plagge moved to adjourn. Grenis seconded. The meeting was adjourned on a 3 -0 vote (Jennings and Eckstein excused). BOARD OF ADJUSTMENT ATTENDANCE RECORD 2011 NAME TERM EXPIRES 219 1 319 4113 618 7113 8110 Barbara Eckstein 01/2014 X X X X O/E O/E Brock Grenis 01/2016 X X X X X X Will Jennings 01/2015 X X X O/E O/E O/E Adam Plagge 01/2012 -- X X X X X Caroline Sheerin 01/2013 X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting /No Quorum - -- = Not a Member 4b(6) Iiiij MINUTES APPROVED HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JUNE 16, 2011 — 6:30 PM EMMA HARVAT HALL, CITY HALL MEMBERS PRESENT: Andrew Chappell, Cheryl Clamon, Scott Dragoo, Charlie Drum, Holly Jane Hart, Michael McKay, Rebecca McMurray, Rachel Zimmermann Smith MEMBERS ABSENT: Jarrod Gatlin STAFF PRESENT: Steve Long, Tracy Hightshoe OTHERS PRESENT: Charlie Eastham RECOMMENDATIONS TO THE CITY COUNCIL: The Commission voted 8 -0 (Gatlin absent) to recommend approval of a $900,000 CDBG allocation to the Wetherby Condos South LLC project per staff recommendations. CALL TO ORDER: The meeting was called to order by Chairperson Michael McKay at 6:30 p.m. APPROVAL OF THE APRIL 21, 2011 MINUTES: Zimmermann Smith moved to approve the minutes. Clamon seconded. A vote was taken and the motion carried 8 -0 (Gatlin excused). PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: None. STAFF /COMMISSION COMMENT: None. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JUNE 16, 2011 PAGE 2 of 5 DISCUSSION REGARDING FY11 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SPECIAL ALLOCATION REQUESTS: • Discuss CDBG Special Allocation Applications • Develop CDBG Special Allocation Budget Recommendation to Council McKay asked staff to summarize for the public a memo distributed to the Commission. Hightshoe said that Wetherby Condos South LLC applied for acquisition and rehabilitation funding during the October special allocations process. After the allocation was awarded, the City Council put all housing projects on hold pending a Council review of policies on where low - income rental housing could be located. Because there was no way to know when that review might be complete, Southgate had to move forward with the acquisition of condominium units in order to secure them. Hightshoe said that the HUD environmental review officer was not comfortable with proceeding with this application as the original application was for both acquisition and rehabilitation, even if the City limited the rehab. to the units the applicant owned at the time of application. The Environmental Review officer advised the City to open up the allocation process again. A substantially different application from this applicant would be eligible. Hightshoe said that per HUD's advice, the funding was opened back up to new applications. Nine applications were received for the funding. Wetherby Condos South LLC applied for the rehabilitation of the three building, 108 unit complex.. McKay asked if there was anyone who did not support the application for $900,000 in rehabilitation funding for the Wetherby Condos South LLC project. There were no objections. Chappell moved to approve the staff recommendation to allocate $900,000 to the Wetherby Condos South LLC application. Zimmermann Smith seconded. A vote was taken and the motion carried 8 -0 (Gatlin excused). �SUBCOMIMITTEE REPORT: REVIEW OF THE FY12 CDBG /HOME AND AID TO AGENCY ALLOCATION PROCESS: Chappell said that the subcommittee had decided to begin the review process with a focus on the ranking forms. He said the goal is to have the forms written in such a way that everyone can generally agree about how much weight to give them. From there, he said, the subcommittee will work backwards, looking at the application itself and resolving any inconsistencies. Charlie Eastham said that he had spoken with the Commission last fall about two issues related to affordable rental housing. Eastham said that he had recommended that the Commission grant additional points to projects that utilize a variety of funding sources. He also recommended that the objectives of the City should include a priority for projects that have a cost burden of less than 30% toward housing for their clients. Eastham said that he also would like the Commission to look at requirements for interest rates on public money. He said that it is very difficult to reduce rental amounts when having to pay debt service costs. Eastham said it has never made sense to him to have interest charged on public money, and in many cases it does not even make sense to require repayment. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JUNE 16, 2011 PAGE 3 of 5 He said his three areas of concern are: 1) maximizing the sources of funding, decreasing the rental housing price by reducing debt service, and giving priority to operators whose rents are less than 30% of the renter's income (without using the Housing Choice Voucher program). Chappell asked for clarification on what Eastham was asking the Commission to consider in terms of weighting applications. Eastham said that The Housing Fellowship owns and manages 130 rental homes, about one -third of which have residents who are not using the Housing Choice Voucher (HCV) program. Approximately half of the residents that are not using HCV are paying rents that represent less than 30% of their income. Eastham said that he believed some weight should be given to that. Hightshoe said that HOME assisted units can't be denied to Section 8 voucher holders if that is the only reason for denial. Eastham said he did not at all intend to be critical of HCV, as it is the mainstay in the community and the country for achieving affordable housing. Rather, his point is that the community should seek to expand its affordable housing for those not utilizing the program. McKay said that Eastham's thoughts reflected some of the sentiments in the subcommittee's meeting, which was that there could be a kind of bonus points system to reflect those kinds of priorities and initiatives. Hightshoe said that over the last ten years there have been significant changes in the financing terms that staff recommends. She said that loan terms are set with the debt loads and rental amounts charged for a given project in mind. Zimmermann Smith said that her concern was that the weighting should not favor one particular type of housing entity over others. She said that the idea should be to encourage creative thinking and partnerships with businesses. Hightshoe said that staff basically looks at the cash flow of the project to ensure viability. Long said that staff also is looking at portfolios of entities and adjusting loan terms as needed. SUBCOMMITTEE REPORT: COMMUNITY DEVELOPMENT CELEBRATION: Hightshoe said that the Community Celebration will likely be held out at the Big Brothers Big Sisters organization. She said the celebration is intended to show the impact of CDBG /HOME funds on the community. She said that Congressman Loebsack hopes to attend the event, and the celebration may be held between August 8th and Labor Day weekend. She said there will be three awards given out, and they hope to get a bank to sponsor food and to order it from Shelter House's catering program. Long noted that there is no bus service to the Big Brothers Big Sisters location but staff was hoping to be able to arrange some sort of shuttle for those that need it. Chappell noted that a bank could perhaps sponsor a couple of SEATS buses for the event. MONITORING REPORTS: IC Housing_ Rehabilitation (staff): Long briefly summarized highlights from a memo on the City's housing rehabilitation activities. IC Economic Development (staff): Hightshoe said that this past year the City funded The Paper Nest, a custom stationary and book - binding business, and Baroncini, an Italian restaurant on Linn Street. She said there will be just over $112,000 to work with over the next year. Hightshoe said that businesses are required to pay the funds back, and that the loans are generally at least partially secured by some kind of personal or HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JUNE 16, 2011 PAGE 4 of 5 commercial lien such as mortgages on the owners home or rental property, lien on owner's vehicle or a UCC filing on all business assets. • Arc of Southeast Iowa — Equipment (McKay): Staff noted that the Arc had been required to wait until July 1S to begin this project. ADJOURNMENT: Clamon moved to adjourn. Drum seconded. The motion carried unanimously. HOUSING AND COMMUNITY DEVEOPLMENT COMMISSION ATTENDANCE RECORD 2011 NAME TERM EXP. 1/6 2/17 3/10 3/17 4/21 6/16 CHAPPELL, ANDREW 9/1/2012 X X X X X X CLAMON, CHERYLL 9/1/2011 -- X X X X X DRAGOO, SCOTT 9/1/2013 X X X -- -- X X DRUM, CHARLIE 9/1/2013 X X X X O/E X GATLIN, JARROD 9/1/2012 X X X X X O/E HART, HOLLY JANE 9/1/2013 X X X X X X McKAY, MICHAEL 9/1/2011 X X X X X X McMURRAY, REBECCA 9/1/2011 X X X X X X ZIMMERMAN SMITH, RACHEL 9/1/2012 X X X X X X Key. X = Present O/E = Absent/Excused NM = No Meeting -- -- = Not a Member MINUTES HUMAN RIGHTS COMMISSION August 16, 2011 Lobby Conference Room APPROVED z 4b(7) Members Present: Orville Townsend Sr., Dianne Day, Diane Finnerty, Harry Olmstead, Wangui Gathua, Connie Goeb. Absent: David B. Brown, Martha Lubaroff, Howard Cowen. Staff Present: Stefanie Bowers. RECOMMENDATIONS TO COUNCIL: The Human Rights Commission would like a joint meeting with the City Council, at their September 19th work session, to discuss the Commissions' final recommendation concerning immigration here in Iowa City. CALL TO ORDER Commission Chair Day called the meeting to order at 18:02. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: None. CONSIDERATION OF THE MINUTES OF THE July 19, 2011 MEETING: Commissioner Townsend, moved to approve. Commissioner Olmstead seconded. The motion passed 6 -0. 13th Annual Strengthening & Valuing Latino /a Communities in Iowa Conference The Commission voted to co- sponsor this program being held in Muscatine in October. Co- sponsor amount $100. Commissioner Olmstead, moved to approve. Commissioner Townsend seconded. The motion passed 6 -0. Iowa Women's Music Festival Commissioners voted to participate in this event as Olmstead will represent the Commission at the event. Commissioner Finnerty, moved to approve. Commissioner Townsend seconded. The motion passed 6 -0. a vendor. Commissioner Finnerty and Commissioner HUMAN RIGHTS BREAKFAST Reverend Orlando Dial of Bethel African Methodist Church is the scheduled keynote speaker. Bowers reported that nomination forms will be sent out later in the week. The Breakfast will be held on October 20th at 7:30 am at the Sheraton. Tickets to the Breakfast will be available over the next few weeks. IMMIGRATION SUBCOMMITTEE A joint work session will be held between the Commission and the Council on September 19th at 5:30 pm. All Commissioners who are able should plan on attending. Commission subcommittee members went over the draft recommendation. Bowers will submit final recommendation to the Council by September 1st. FACES OF IOWA CITY Bowers passed out brochures to Commissioner Day, Commissioner Goeb and Commissioner Gathua who will review and give final approval before the brochures are sent out. Human Rights Commission August 16, 2011 Page 2 of 3 JUVENILE JUSTICE Bowers is working on scheduling a series of programs on this topic. The hope is to hold the first sometime after Labor Day. Commissioner Finnerty & Commissioner Townsend will assist on this project. ADJOURNMENT Commissioner Townsend moved to adjourn. Commissioner Olmstead seconded. The motion passed 6 -0 at 19:21. Human Rights Commission August 16, 2011 Page 3 of 3 Human Rights Commission ATTENDANCE RECORD 2011 meeting uate NAME TER M EXP. 1/18 2/15 3/15 4/12 5/17 6/21 7/19 8/16 9/20 10/18 11115 12120 Dianne Day 1/1/12 X X X X X X X X Wangui Gathua 1/1/12 O/E O/E O/E O/E X O/E X X Martha Lubaroff 1/1/12 O/E O/E X X X X X O/E Howard Cowen 1/1/13 X X X O/E O/E O/E X O/E Constance Goeb 1/1/13 X X X O/E X O/E X X Harry Olmstead (8 -1 -2010) 1/1/13 O/E X X X X X X X Orville Townsend, Sr. 1/1/14 X X X X X X X X Diane Finnerty 1/1/14 X X X X O/E X X X David B. Brown 1/1/14 X X X O/E O/E O/E X O/E I KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting /No Quorum R = Resigned - =Not a Member 4b(8) PLANNING AND ZONING COMMISSION APPROVED September 1, 2011 — 7:00 PM — FORMAL EMMA HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Stewart Dyer, Charlie Eastham, Elizabeth Koppes, Michelle Payne, Tim Weitzel, Wally Plahutnik MEMBERS ABSENT: Ann Freerks STAFF PRESENT: Bob Miklo, Sarah Greenwood OTHERS PRESENT: John Ockenfels CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. COMPREHENSIVE PLAN ITEMS: A public hearing to amend the Comprehensive Plan to adopt the Riverfront Crossings Sub -Area Plan. Miklo stated that in response to the flood in 2008 the EPA provided funding to Iowa City as well as other communities to help plan for disaster recovery. The result was a policy document for Riverfront Crossings area. The policy is very broad and had some general goals for redevelopment of the area that would be compatible with the flood plain. In 2009 the City received a second grant from the EPA to do a more in -depth study of Riverfront Crossings. That resulted in the Sub -Area Plan that the Commission was being asked to consider as a part of the Comprehensive Plan. Riverfront Crossings is bounded by Burlington Street on the north, just east of Gilbert Street on the east, and includes some properties with frontages on Kirkwood Avenue. Highway 6 on the south and properties running along Riverside Drive on the west. The sub -area includes properties directly adjacent to the waste water treatment plant. Staff chose to focus on this area because as a result of the flood the City has decided to move the waste water plant to the existing south plant. The City has influence over a large piece of the property within the sub- area. Miklo stated that the goal for the existing waste water plant is to create a riverfront park. Planning and Zoning Commission September 1, 2011 - Formal Page 2 of 10 Removing infrastructure from the floodplain and turning them into a green space asset that would also be floodable. Staff feels that with an investment in a park it will change the whole makeup of this area. The area currently has a mixture of industrial and intensive commercial zoning and then some small pockets of retail zoning. Staff feels that removal of the waste water treatment plant and some of the concerns of being located next to a sanitary sewer plant will go away and a major investment in a park will make this area desirable for other forms of development. Staff has created this plan to help guide the future development of the area. Miklo stated that the floodplain covers a large portion of the sub -area including most of the waste water treatment plant as well as private properties along Ralston Creek and the Iowa River. The goal is to make as much of the floodplain as possible open public space. That may not be possible in all cases but that is the goal of the plan. Miklo showed a photo that illustrated the extent of the flooding in 2008 with the waste water treatment plant in the foreground and private industrial properties to the north and to the northeast along Ralston Creek. The policies of the plan are to develop mixed -use pedestrian oriented district. The idea is to take advantage of the riverfront and to create a vibrant park system. It would turn Ralston Creek into an asset rather than just a drain ditch as it functions today. It will introduce multiple modes of transportation. The plan calls for improving bicycle facilities, pedestrian facilities, and transit facilities in terms of City buses as well as possible future light rail and Amtrak services to the area. The plan calls for green streets in terms of dealing with storm water management, a sustainable design, respectful of the floodplain, and addresses storm water quality issues in design of the public infrastructures as well as private and public buildings. Miklo stated that the framework plan shows how this area might develop in the future. As noted the City controls a large portion of the property and is showing it as a public park. Other areas that the City does not control or own that are in the floodplain, ideally these would also be converted into park land at some point. There would be opportunities for a higher density development both commercial and residential on adjacent or nearby properties to take advantage of the view of the park and riverfront. The plan also calls for a more intense development along Gilbert Street. Miklo showed an illustration with a view from the air. A large portion of the park could be restored wetland and that would help with storm water management and that would be true for Ralston Creek as well. The plan relies on a new street network for the area. Currently the one -way pair around the County Administration Building has been confusing. One of the main goals in the plan is to eliminate the one -way street network and return to a grid pattern. To accomplish this, the plan would connect the intersection of Capitol and Benton Street, which is now the City Carton property, to Kirkwood Avenue. This would also help frame the park and create a high density development site on what is now the City Carton property. Traffic studies show that it would also improve the flow in the area and would help connect the east side of the river with the west side of the river with a clear traffic route. Miklo stated that breaking up the plan into smaller segments, the northern portion is being called the park blocks. The City is looking for this area to generally be higher density residential with Planning and Zoning Commission September 1, 2011 - Formal Page 3 of 10 the possibility of commercial being at key corners or where the market would support it. He showed an illustration of what it might look like. There could be high -rise buildings about ten stories tall at Benton and Capitol and along the Kirkwood connector. The other portion of the plan addresses Gilbert Street and here the plan calls for five a lane boulevard with commercial and mixed use residential and office uses and then transitioning into residential to the west along Ralston Creek. There may be opportunities for some larger commercial uses at the intersection of Highway 6 and Gilbert to take advantage of the traffic counts there. Miklo stated that the last aspect would be the park itself. The idea would be to create a wetland along the southern portion of the park and along Ralston Creek and then a more formal park that would take advantage of the riverfront. He showed an illustration of how it might look and stated that it included extending the Iowa River Corridor Trail along the river. He showed how the wetland might look and it showed the potential development on private property just beyond the park. There could be a good relationship between those uses and it would be adding value to the private investment. In terms of transportation, the plan calls for multiple modes of transportation like a riverfront trail that would be for both bicycles and pedestrians. Streets would be designed to be pedestrian friendly to encourage walking to make it more pleasant and easy. There is a possibility of a rail network in the long term, an inter -city rail as well as a light rail that would serve the metropolitan area including Cedar Rapids. The plan goes into detail about the transportation network and the multiple modes of transportation that the City is trying to encourage in this area. Miklo stated that the plan contains some proposals for street sections. He pointed out an example of the new street that would eliminate the one way pairs. The idea is that this would be an urban boulevard that would define the edge of the park with high -rise residential mixed use development on one side. There would be two center lanes for traffic and then two side lanes for parking for more local traffic. Gilbert Street is proposed to be a boulevard with a center green space and it will have turn lanes at the intersection, two travel lanes, and parking on the side. The parking would be to serve the businesses in the area but also to calm traffic. He showed an illustration of one of the potential pedestrian streets to be located between Gilbert and Ralston Creek to tie the larger neighborhood into the park network. The idea is that it could be devoted to pedestrians and storm water management resulting in an environment that extends the park up into the neighborhood. Miklo stated another key element in the plan is addressing water resources. What got the City to this point is with the flood and it is not just a local issue but a regional issue. Some feel that is a reminder that the storm water needs to be dealt with in a better fashion. The plan talks about best management practices to better control storm water, such as including green roofs on top of buildings and swales within parking lots to treat the runoff and slow it before it reaches Ralston Creek and the Iowa River. There have been several examples around the country where these types of innovative techniques are being used to improve storm water quality. The diagram shows Ralston Creek and the goal of restoring the creek so that it is not just a drainage ditch. Miklo stated that the document contains some guidelines on how zoning might be implemented Planning and Zoning Commission September 1, 2011 - Formal Page 4 of 10 to accomplish the goals of the plan. Generally it calls for lower buildings, one to two stories in the southern area of the plan, and this would be to address the runway overlay for the airport and increasing height as you travel to the north. The plan also calls for a mixture of uses requiring commercial at the key corners but also allowing residential more extensively than it is at other parts of the city that are zoned for commercial. What the City is proposing to do in this area, where there is not likely to be a demand for commercial throughout, would be to allow a property owner to use either residential or commercial on the ground floor. Staff is asking the Commission to consider adopting this as part of the Comprehensive Plan as a general guide as to how the City and private property owners would treat this area. As noted the City has control over the waste water treatment plant and that will have a big effect on property values and the general area. The City is not planning on going in and buying properties and redeveloping them. The goal of the plan is to leave that to the private market. The City is not intending to buy or displace businesses; the goal is to work with property owners to find suitable locations. Many of the businesses that are currently there could stay in the neighborhood and are suitable for what is proposed. When the time is right for other businesses, the plan lays out a method of working with them so that the properties could be redeveloped in this more dense fashion. Miklo stated that the next steps in terms of the plan would be to apply it to the larger Riverfront Crossings area, Highway 6 all the way to Burlington Street, west side of the river over to Gilbert Street. Staff is working with the consulting firm as part of updating the Comprehensive Plan to look into that. There would be a need to adopt some detailed zoning districts that would allow the increase in density an intensity that is proposed by this plan. There would need to be some more details on traffic engineering, park planning and storm water planning for the area. Eastham stated that what Miklo pointed out with the flood of 2008 put them in the position to be looking at this plan. The plan contemplates areas that are flood prone and designates those areas. He asked if the plan uses FEMA flood area maps and if so has staff considered any comments on the ability to incorporate the University and the National Weather Service that recently released flood area designations. Miklo stated that the plan used the most recent flood plain information available. He stated that when they create the larger plan they will incorporate any newer information. Dyer stated she noticed that there was no mention about access for people with disabilities as an expectation of the development and also if that could be made as an expectation. Miklo stated that it is in the code, that any new construction has to be accessible. Dyer said she noted that in the conceptual drawings that all townhouses have porches on the front and those would not be accessible. Miklo stated that the multi - family buildings would have to be accessible per City code. If it is a two -story unit then would not be required by law to be accessible. If there is a City supported project where the City is providing some funding, the local ordinance requires that it be accessible. Dyer stated that the whole Peninsula is inaccessible except for one apartment building. Miklo stated that the newer town buildings are accessible in the Peninsula. They are required to have access from the garage to the rear of the townhouses. Koppes asked for any further questions from the Commission. Koppes opened the public hearing. John Ockenfels, 3 E Benton Street, Iowa City, is a representative of City Carton Recycling. He Planning and Zoning Commission September 1, 2011 - Formal Page 5 of 10 feels this plan will have a dramatic effect to their operations. He said it was mentioned that the City did not plan to displace the businesses through zoning. As he looks at his business they plan to be there for several years to come and have no intention to move their business. He asked if the City adopts the plan will it kill their ability to operate in that area, will they still be a commercial operation and an industrial operation with the benefits they have today or will this make it so they cannot continue to be there and eventually force them out. Miklo responded stating that the adoption of this plan will not change the zoning or the regulations that apply to his property. The adoption of the plan will make a public statement as to what the City's plans for the future are. Even if the City did change the zoning to his property they would be grandfathered in and allowed to continue to operate. However, they would not be able to expand. Ockenfels asked to have expansion explained. Miklo stated it would be adding more building or more square footage to the nonconforming situation. Miklo stated that the City is not intending to go in and rezone all properties in the area. The proposal is to put out this plan and adopt it so that it is publicly known that when potential developers approach the City they would have some direction to give them about the possibilities might be. There are properties near Gilbert Street that may be suitable for residential that if a developer came and approached the City with the plan it would give them some direction, whereas right now they are zoned commercial. Ockenfels asked if staff could tell him the conceptual timeframe on this change, as in how long the City is thinking before this starts moving along. Miklo stated that the waste water treatment plant will be removed from the site in three to four years. Nothing will happen as far as City investment in the park until then. He is hoping that the funding will be in place in four years and then will be able to implement some plans for the park. Miklo stated that in terms of private and redevelopment the market would determine the timeframe. Ockenfels responded stating he was confused because staff say they do not plan to displace businesses through zoning but he thinks that he heard Miklo state that they do plan to advocate changing the zoning going forward. Miklo stated that the staff is proposing to develop a zoning code that if applied to these properties would allow this vision or something similar to this vision to occur. If the plan is in place and the zone codes in the books but not necessarily applied to a specific property, the City will have the ability, if the property owner or developer chooses to seek redevelopment of the property, the City will have the tools in place to allow that to happen in a timely fashion rather than having to come up with a zoning code. Ockenfels asked if there currently was any funding in place for any of this. Miklo stated that there were only limited funds in the Capital Improvement Program and the significantly more funding will be necessary to implement the plan. Koppes closed the public hearing. Payne moved to adopt the Riverfront Crossing Sub -Area Plan as an amendment to the Comprehensive Plan. Weitzel seconded. Koppes asked for any further discussion. Weitzel stated that one of the big things in planning is visioning and setting out a goal for long term development. Laws do not allow them to uproot any businesses that are operating now. He stated he doesn't see any negative, only positive to adopting this plan. Eastham thinks that the staff work and the public meetings that have been held and the Planning and Zoning Commission September 1, 2011 - Formal Page 6 of 10 feedback that was given by a number of people at those meetings and also to the staff through other channels have been incorporated into this Sub -Area Plan. He does think that it is a visionary statement. Looking at it the southern part of the sub -area involves a lot of the waste water treatment plant area and feels it could proceed with immediate development without involving changes in the northern part of the sub -area. He is not saying that it should happen or that it would happen; he just feels that it is possible. Eastham stated that changing the street network is going to require timing and give- and -take on everyone's part. He does think it is a good planning concept to have in place — a vision for an entire area so that the developers can do as they wish to incorporate their desires and interests in specific blocks and specific buildings. Eastham also is in favor of maintaining local businesses and investments that are intact therefore as long as that works out for everyone's interest. He has never felt that the plan is a threat, but that it provides guidance. Including a park plan and riverfront improvements is something most people in these communities will look forward to over the years. He stated he knows that plans have grand concepts and getting them done in a practical way sometimes results in something that was not quite in the original concepts but is very close to it. Eastham says he is happy to be in support in recommending that the Council adopt the plan at this time. Payne stated she agrees with Eastham. She feels that this is a great plan for the area. She feels there needs to be something done there about having some park land and storm water detention for future flooding. Plahutnik stated what they are looking at is a Comprehensive Plan. They are looking ahead with a wish list for the future and there is no waving a magic wand to change the businesses that are there. He agreed with Miklo in that the idea of the park is to hope that the private investment would take the ball from there, and if properties are not for sale then it won't happen. The City will get another park which is a good thing. Dyer stated the idea of reclaiming the riverfront for community use is the most exciting part of the plan as well as the opportunity for people to live in that area. Koppes feels the transportation ideas are a good idea. Hopefully when they get into this in the future they do not want to displace any businesses. A vote was taken and the motion carried 6 -0 (Freerks absent). CPA11- 00003: A public hearing to amend the Comprehensive Plan to change the land use designation from Single Family Residential Stabilization to Urban Commercial for property located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and the MidAmerican substation located on the west side of Linn Street. Payne recused herself as she is employed by MidAmerican, which owns a substation in this area. Koppes recommended deferring because of there only being five Commissioners present. She stated that the applicant has agreed to this. Miklo stated that if Commission defers, then staff can review the report at the next meeting. Otherwise, he could give the report now. Eastham ask for a motion to defer. Planning and Zoning Commission September 1, 2011 - Formal Page 7 of 10 Greenwood stated that Commission could have a discussion or if someone wanted to make the motion they could. Koppes asked if they needed to have a public discussion. Greenwood stated it was up to the Commission. Koppes opened the public hearing. Koppes closed the public hearing. Weitzel moved to defer. Eastham seconded. Koppes stated that it has been deferred to the September 15, 2011 meeting. Eastham clarified that a public hearing would continue at the next meeting. Koppes agreed. A vote was taken and the motion carried 5 -0 (Freerks absent, Payne abstained). REZONING ITEMS: REZ11 -00012: Discussion of an application submitted by Allen Homes for a rezoning from Neighborhood Stabilization Residential (RNS -12) zone to Central Business Service (CB -2) zone for approximately .34 acres of property located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and approximately 3200 square feet of property located on the west side of Linn Street (MidAmerican substation). Koppes opened the public hearing. Koppes closed the public hearing. Eastham moved to defer this item to the September 15, 2011 meeting. Weitzel seconded. Koppes thanked that applicant for deferring the application until all Commissioners are present. A vote was taken and the motion carried 5 -0 (Freerks absent, Payne abstained). REZ11- 00009: Discussion of an application submitted by Apartments Downtown for a rezoning from Low Density Single - Family (RS -5) zone to Low Density Multi - Family (RM- 12) zone for approximately .88 acres of property located at 2218 Rochester Avenue. Koppes noted that the applicant has asked that this item be deferred indefinitely. Eastham moved to defer the item indefinitely. Payne seconded. A vote was taken and the motion carried 6 -0 (Freerks absent). Planning and Zoning Commission September 1, 2011 - Formal Page 8 of 10 ZONING CODE ITEMS: Discussion of an amendment to Article 14-4A of the Zoning Code adding a new Use Category, Building Trade Uses, which would include contractors that specialize in certain building trades as distinguished from the heavier construction uses that are considered Industrial Service Uses, and an amendment to allow Building Trade Uses as provisional uses in the Community Commercial (CC -2) zone. Miklo stated that this amendment would add a new category to the zoning ordinance. This would allow small contractors, businesses such as plumbing shops to be located in the CC -2 zone with provisions that their activity is mostly indoors and that they do not have open yards for storage. This came to the staff's attention as a result of a local plumbing business that has been operating on Gilbert Street for a number of years. The business would like to expand their business but they are nonconforming and staff feels that their current operation, which is indoors, fits into the neighborhood. Staff is recommending that the amendment occur. Koppes opened the public hearing. Koppes closed the public hearing. Weitzel moved to approve amendment to Article 14-4A of the Zoning Code adding a new Use Category, Building Trade Uses, which would include contractors that specialize in certain building trades as distinguished from the heavier construction uses that are considered Industrial Service Uses, and an amendment to allow Building Trade Uses as provisional uses in the Community Commercial (CC -2) zone. Payne seconded. Koppes asked the Commission for any discussion. Eastham commented that this was discussed at the informal meeting and he feels it would make sense to make the change in the code. A vote was taken and the motion carried 6 -0 (Freerks absent). Discussion of an amendment to the Zoning Code to allow an applicant to seek a minor modification to paragraph 14- 2A- 6C-4., the single family site development standard that requires garages or carports to be located so as to provide a driveway at least 25 feet in length between the entrance of the garage or carport and the street right -of -way, in cases where the lot configuration, topography, or other physical aspect of the lot makes the application of this standard impractical. Miklo stated that the current zoning requires that there be at least 25 feet between the garage door and the property line. The intent of that is to ensure that when the garage doors are closed and someone is parking behind the garage that their vehicle does not hang out over into the right -of -way and block the sidewalk. There are a few situations in town where there is an extra right -of -way and even though the garage door would not be back a full 25 feet from the property line. There is still 25 feet between the door and the sidewalk because the sidewalk is farther away from the property line. This is pretty common in the older neighborhoods. Miklo stated that a situation occurred recently in one of the historic districts where the Historic Preservation Commission approved an addition of a garage on the property. Because of the slope on the back side of the site, this is literally a cliff on the back side, in the Linn Street area. They were Planning and Zoning Commission September 1, 2011 - Formal Page 9 of 10 not able to push the garage back the 25 feet from the property line, but they were able to accomplish the 25 feet from the sidewalk. This amendment would allow flexibility in situations like that. What is key is there has to be something unique about the property; this won't just apply automatically. Staff is recommending approval of the amendment to provide more flexibility in those types of situations. Payne asked that this would be something that they would not have to get a special exception for. They wouldn't go to the Board of Adjustments they would have a staff review. Miklo confirmed that it is a minor modification, a little more streamlined process. With a special exception there is a public hearing before the Board of Adjustment and it is a lengthier process. With a minor modification there is also a public meeting and the neighboring property owners are invited, but it is a staff committee that makes the decision so it is a little more informal. Koppes opened the public hearing. Koppes closed the public hearing. Eastham moved to recommend that a zoning code amendment allowing an applicant to seek a minor modification to paragraph 14- 2A- 6C-4., the single family site development standard that requires garages or carports to be located so as to provide a driveway at least 25 feet in length between the entrance of the garage or carport and the street right -of -way, in cases where the lot configuration, topography, or other physical aspect of the lot makes the application of this standard impractical. Weitzel seconded. Koppes asked the Commission for any discussion. A vote was taken and the motion carried 6 -0 (Freerks absent). CONSIDERATION OF MEETING MINUTES: August 18th, 2011: Payne stated that she had some corrections. Miklo confirmed staff had some as well and Payne could just send him her notes and they would make the updates. Miklo pointed out that the minutes reflected that the Palisades proposal on Dubuque being deferred to September 1 st. The intent was to defer it indefinitely and staff will send notice to the neighbors when it is back on the agenda. Eastham moved to approve the minutes with corrections. Plahutnik seconded. The motion carried 6 -0 (Freerks absent). OTHER: None. ADJOURNMENT: Weitzel moved to adjourn. Payne seconded. The meeting was adjourned on a 6 -0 vote (Freerks absent). PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2011 FORMAL MEETING NAME TERM EXPIRES 2/3 2117 3/3 417 4/21 5/5 5119 6/2 7/7 7/21 8118 9/1 BUSARD, JOSHUA 05/11 X X X X X -- -- DYER, CAROLYN 05/16 -- -- ` -- -- -- -- -- -- -- -- O/E O/E O X X X X EASTHAM, CHARLIE 05/11 X X X X X X X X X X X X FREERKS, ANN 05/13 X X X X O/E X X X X X O/E O/E KOPPES, ELIZABETH 05/12 X X X X X X X O X X X X PAYNE, MICHELLE 05/15 X O/E X X X X X X O/E X X X PLAHUTNIK, WALLY 05/15 X X X O/E X O/E O/E X O/E O/E X X WEITZEL, TIM 05/13 X X X X X X X X X X X X INFORMAL MEETING NAME TERM EXPIRES 1/20 1/31 2/28 5/2 7/18 8/15 8/29 BUSARD, JOSHUA 05/11 X X X X ' -- DYER, CAROLYN 05/16 -- -- -- -- -- -- O/E X X X EASTHAM, CHARLIE 05/11 X X X I X X X X FREERKS, ANN 05/13 X X X X X O/E X KOPPES, ELIZABETH 05/12 X X X X X X X PAYNE, MICHELLE 05/15 X X X X X O/E X PLAHUTNIK, WALLY 05/15 X X X X O/E X X WEITZEL, TIM 05/13 X X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting /No Quorum CALL TO ORDER: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: FINAL /APPROVED POLICE CITIZENS REVIEW BOARD MINUTES — July 12, 2011 Chair Donald King called the meeting to order at 5:30 P.M. Melissa Jensen, Peter Jochimsen (5:32pm), Royceann Porter, Joe Treloar None Staff Catherine Pugh (5:32pm) and Kellie Tuttle Captain Wyss of the ICPD and Mike Smithey RECOMMENDATIONS TO COUNCIL (1) Accept PCRB FY11 Annual Report 4b(9 CONSENT CALENDAR Motion by Treloar and seconded Jensen by to adopt the consent calendar as presented or amended. • Minutes of the meeting on 06/14/11 • ICPD General Order 00 -07 (Police Cyclist) • ICPD Quarterly /Summary Report (Quarter 2), 2011 Motion carried, 4/0, Jochimsen absent. OLD BUSINESS None. NEW BUSINESS Draft #1 of PCRB Annual Report — The Board reviewed the draft of the annual report and made no changes. Motion by Jochimsen, seconded by Jensen to approve the PCRB FY11 Annual Report and forward to Council. Motion carried, 5/0. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. EXECUTIVE SESSION Not needed. PCRB July 12, 2011 Page 2 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • August 9, 2011, 5:30 PM, Lobby Conference Rm (CANCELLED) • September 13, 2011, 5:30 PM, Lobby Conference Rm (Moved to 9127/11) • September 27, 2011, 5:30 PM, Lobby Conference Rm • October 11, 2011, 5:30 PM, Lobby Conference Rm (Moved to 10/25/11) • October 25, 2011, 5:30 PM, Lobby Conference Rm Motion by Jochimsen, seconded by Porter to move the September and October meetings due to scheduling, School Board and City elections. Motion carried, 5/0. Motion by Treloar, seconded by Jensen to cancel the August meeting due to lack of Board business. Motion carried, 5/0. ADJOURNMENT Motion by Treloar, seconded by Jensen to adjourn. Motion carried, 5/0. Meeting adjourned at 5:46 P.M. POLICE CITIZENS REVIEW BOARD GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97 -3792, the Iowa City Police Citizens Review Board (PCRB) consists of five members appointed by the City Council. The PCRB has its own legal counsel. 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 citizens' 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 2011 Meetings The PCRB tentatively holds monthly meetings on the second Tuesday and special meetings as necessary. During FY11 the Board held thirteen meetings and one Community Forum. One meeting was not held due to lack of Board business. ICPD Policies /Procedures /Practices Reviewed By PCRB 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 PCRB meetings, and was available for any questions Board members had regarding these reports. Presentations In November of 2010 the Board held its third Community Forum as required by the City Charter. The PCRB Vice - Chair, Joseph Treloar, gave a brief summary on the complaint process. There were four members of the public that spoke at the forum. Topics of discussion included the following: Location and Community presence at the Forum, Summary of Statistics, and the amount of volunteer time board members spend on complaints, meetings, and meeting preparation. Board Members In October officers were nominated with Donald King as Chair and Joseph Treloar as Vice - Chair. Vershawn Young resigned and was replaced by Peter Jochimsen in May of 2010, and Janie Braverman resigned and was replaced by Angelina Blanchard- Manning, who was then replaced by Melissa Jensen in November of 2010. COMPLAINTS Number and Type of Allegations Two complaints (10 -04, 11 -01) were filed during the fiscal year public reports were completed during this fiscal period (10 -01, complaint filed in FY11 is pending before the Board (11 -01). PCRB Annual Report FY 2011 — Approved 7/12/11 — 1 July 1, 2010 — June 30, 2011. Three 10 -03, 10 -04). The remaining Allegations Complaint #10 -01 1. Complainant alleges that Officer A used excessive force while placing her under arrest. NOT SUSTAINED. Complaint #10 -03 1. Officer A accused Subject 2 of lying and was "very nasty" during an in person conversation at her apartment. NOT SUSTAINED. 2. Officer A got "Very rude," during a subsequent phone call with Subject 1. NOT SUSTAINED. 3. Officer A went "too far" by making them "tip toe" around an officer who is supposed to protect and serve. NOT SUSTAINED. 4. Officer A's actions may be motivated by Subject 1 and 2's race. NOT SUSTAINED. 5. The manner that Officer A handled the investigation may be influenced by him being related to the driver of the other vehicle. NOT SUSTAINED. 6. Subject 1 was given a ticket, "For no reason" and it "is really unfair'. NOT SUSTAINED. 7. Officer A failed to record his interactions with Subject 1, 2, and 3, in violation of department policy. SUSTAINED. Complaint #10 -04 1. Complainant alleges that Officer A was placing his hand on her buttocks while he was putting her in handcuffs. 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 2 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 Complaint Resolutions The Police Department investigates complaints to the PCRB 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 PCRB 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 nine allegations listed in the three complaints for which the Board reported, one was sustained. The Board made no additional comments and /or recommendations for improvement in police policy, procedures, or conduct in three completed public reports. PCRB Annual Report FY 2011 — Approved 7/12/11 — 2 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 no name - clearing hearings. Mediation Officers and complainants are notified by mail that formal mediation is available to them at any stage in the complaint process before the Board adopts its public report. All parties involved must consent to a request for mediation. No mediations were convened this year. Complaint Histories of Officers City ordinance requires that the annual report of the PCRB 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 three complaints covered by the FY11 annual report a total of three officers were involved. 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 three complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information may be incomplete. Category /Number of Complainants Age: National Origin: Color: Under 21 0 US 0 White 0 Over 21 2 Unknown 3 Black 2 Unknown 1 Unknown 1 Sexual Orientation: Gender Identity: Sex: Heterosexual 2 Female 0 Female 0 Unknown 1 Male 2 Male 2 Unknown 1 Unknown 1 Marital Status: Religion: Mental Disability: Single 2 Unknown 3 No 0 Married 0 Yes 0 Unknown 1 Unknown 3 Physical Disability: Unknown 3 BOARD MEMBERS Donald King, Chair Joseph Treloar, Vice Chair Royceann Porter Vershawn Young /Peter Jochimsen Janie Braverman /Angelina Blanchard- Manning /Melissa Jensen PCRB Annual Report FY 2011 — Approved 7/12/11 — 3 POLICE CITIZENS REVIEW BOARD ATTENDANCE RECORD YEAR 2011 (Meeting Date) NAME TERM EXP. 1/11 2/9 3/2 4/12 5110 6/14 7/12 Melissa Jensen 9/1/12 X X NM X X X X Donald King 9/1/11 X O/E NM X X X X Joseph Treloar 9/1/13 X X NM X X X X Peter Jochimsen 9/1/13 X X NM X X X X Royceann Porter 9/1/12 O/E X NM X X O X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting - -- = Not a Member