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HomeMy WebLinkAbout2012-07-19 Info PacketSAN Lt�.� CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET MISCELLANEOUS IP1 Council Tentative Meeting Schedule IP2 Staff response to Gary Hagen letter to City Council: West Side Levee IP3 Civil Service Entrance Examination — Housing Assistant IN Civil Service Entrance Examination — Mass Transit Operator IP5 Article from City Manager: The Worst Banking Scandal Yet? July 19, 2012 IP6 Article from Asst. to the City Manager: The Register editorial: Iowa cities paying more for police, fire pensions but workers are not paying more IP7 Article from Asst. to the City Manager: Laird: Pensions for police officers, firefighters are rapidly becoming unsustainable IP8 Memo from City Clerk: LOST election in March 2013 IP9 Invitation to Alcohol Licensee Open House IP10 City of Iowa City Quarterly Investment Report —April 1, 2012 to June 30, 2012 I1311 Minutes from Criminal Justice Coordinating Committee joint meeting with JC Board of Supervisors, July 11, 2012 DRAFT MINUTES IP12 Planning & Zoning Commission: June 18 IP13 Planning & Zoning Commission: June 21 I * .-1 City Council Tentative Meeting Schedule July 19, 2012 CITY OF IOWA CITY Subject to change Date Time Meeting Location � h h , � � ? �I N'l 1190I 11 LiiiI�� A Tuesday, July 31, 2012 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, July 31, 2012 7:OO13M Special Formal Meeting Emma J. Harvat Hall i'Ili "6ir °'haa� wVhfl,��� p' (jpl y °II II III i4 ;li p yotiyor��iil,�f,lrlr l� _ h 5G, " ' $ —`��r` iU r III II) �� .@ Kg�d,IEI�9��h� , eotr _ o -� ir:u Tuesday, August 21, 2012 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, August 21, 2012 7:OO13M Regular Formal Meeting Emma J. Harvat Hall i , u I, Ntr r�'.�;?I�TrI ,s1 e_.. k (� -0' , K „- ���"'N` V. ^1ii1iIP( Tuesday, September 4, 2012 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, September 4, 2012 7:OO13M Regular Formal Meeting Emma J. Harvat Hall Tuesday, September 18, 2012 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, September 18, 2012 7:0013M Regular Formal Meeting Emma J. Harvat Hall l ", It' °'iy �q " E IIEIIPI'h i'' I; y 'I ° Il 91 ni ` Ills U;4,t o*cr,! 'r' {. �.�, 4 ii'i ilia( I�h �' au �. ���� ai Tuesday, October 2, 2012 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, October 2, 2012 7:OO13M Regular Formal Meeting Emma J. Harvat Hall Tuesday, October 23, 2012 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, October 23, 2012 7:OO13M Special Formal Meeting Emma J. Harvat Hall is%�(G�i Tuesday, November 13, 2012 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, November 13, 2012 7:OO13M Special Formal Meeting Emma J. Harvat Hall Tuesday, November 27, 2012 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, November 27, 2012 7:OO13M Special Formal Meeting Emma J. Harvat Hall Hd Il�1`:?�r�' 41�A H��''4i161�Ni��I "pile �I I, I'll iIA, ��I)Ih0' Tuesday, December 4, 2012 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, December 4, 2012 7:OO13M Regular Formal Meeting Emma J Harvat Hall Tuesday, December 18, 2012 5:00 PM Work Session Meeting Emma J Harvat Hall Tuesday, December 18, 2012 7:OOPM Regular Formal Meeting Emma J Harvat Hall Original correspondence received July 10 Consent Calendar Marian Karr item # 2f (6) - City Council Meeting IP2 From: Jason Reichart Sent: Monday, July 16, 2012 3:30 PM To: haigman97 @hotmail.com Cc: *City Council; Ron Knoche Subject: RE: ATTN: Matt Hayek / FW: West Side Levee Mr. Hagen, I just wanted to follow up on our phone conversation we had last Tuesday and your e-mail to the City Council about the West Side Levee Project. Although the existing berm may have been a success in 2008, without temporary measures to the north and south it offers no protection to the residents living behind it. Also, the existing berm provides no protection from groundwater seepage or a means to handle interior drainage during flood events. The new levee system will provide permanent flood mitigation for the area and include cutoff walls and two storm water pumping stations to address these issues. Even though the existing berm may appear structurally sound, without and extensive investigation there is no way of telling what structural deficiencies, such as animal burrows and tree roots, may be present within the berm. Building a new levee will ensure that suitable soils are used, properly compacted, and that the levee is void of any structural deficiencies. The new levee has been designed to accommodate the construction of a trail on top sometime in the future. However, a trail is not part of this project. Concerning your comments about the Bald Eagle habitat being impacted, the City has accounted for all environmental impacts associated with the construction of the West Side Levee Project per the requirements of the funding source. If you have any other questions about the West Side Levee Project please let me know. Thanks, Jason From: G Hagen [mailto:haigman97 @hotmail.com] Sent: Tuesday, July 10, 2012 9:17 AM To: Council Subject: ATTN: Matt Hayek / FW: West Side Levee Please reconsider this. Taking out the trees and bald eagles, etc. is just wrong. There has been no chance for any public input about this issue and even though Mr. Reichart has tried to explain the city's position, I am not satisfied that a compromise solution cannot be reached. I just had an extended cxonversation with Jason, but his answers are unacceptable. Baculis did have the necessary permits in 1993 and the berm he built was one of the few success stories of the 2008 disaster. May I have the opportunity to speak with you or the council about this? If not, my only option will be to appeal to the citizens, via letters to the PC and Gazette. Waste of public funds and a terrible injustice to the park residents, wildlife and trees. THe existing berm is solid, and they should be able to tie into it on both ends. Where is the common sense in all of this? Simply trying to meet the requirements of a government program does not justify your actions. G From: haigman97 @hotmail.com To: jason- reichart@iowa - city.org Subject: RE: West Side Levee Date: Wed, 4 Jul 2012 13:43:52 -0500 Thank you for your reply. However, some essential questions remain, and those are: 1) Why take out the trees? Can't the berm be built around them, quite easily in fact? These trees enhance the beauty of the riverbank, provide perches for bald eagles and many other species too numerous to mention. I can see environmentalists and birders having a huge problem with that sort of wanton destruction. 2) Will the berm be covered with grass, or some sort of ugly gravel (which is what I have heard)? 3) I am assuming the destruction /construction process will be noisy, dirty, and most obtrusive to the park and it's residents. Can you provide assurance that this will not occur? I had initially heard that this would be a wall with a bike path on top. I am glad to be assured by you that neither of these are true, correct? This entire project has received little or no media attention, probably due to the upriver project in the Taft/Idlewood area, where the concerns of the much more affluent voices speak louder than those of mobile home residents. I await your responses to these questions. I am ready to further pursue these issues , to protect myself and my neighbors from any kind of reckless behavior on the part of our civic leaders. Respectfully, G. Hagen From: Jason- Reichart@iowa - city.org To: haigman97 @hotmail.com CC: -43dfb @iowa - city.org; Rick - Fosse @iowa - city.org; Ron - Knoche @iowa - city.org Subject: RE: West Side Levee Date: Tue, 3 Jul 2012 15:55:55 +0000 Mr. Hagen, Your email was forwarded to me from the City Manager's Office for a response. The original berm, constructed by Baculis in 1993, would not have protected the mobile home park from the 2008 flood waters. Temporary measures employed by local residents are what provided a sufficient level of protection. Because these flood mitigation measures were not meant to be a permanent structure and did not have the necessary permits, the City requested Mr. Baculis remove the fill placed in 2008. Once the City received word funding for the project was awarded, the City stopped pursuing the violation. The West Side Levee Project does not include a floodwall. Rather, an earthen levee will be constructed approximately 1 1/2 feet higher than the existing berm. The new levee has also been designed to meet current US Army Corp of Engineers and FEMA design standards. The West Side Levee Project also includes storm water drainage improvements to handle interior drainage during high water events. Please feel free to contact Jason Reichart, Special Projects Engineer, (319) 356 -5416 if you have additional questions. Thanks, Jason Reichart Special Projects Engineer City of Iowa City 410 E Washington Street Iowa City, IA 52240 Office: 319.356.5416 iason- reichart@iowa- city.ore From: haigman97 @hotmail.com To: council @iowa- city.org Subject: Date: Fri, 22 Jun 2012 07:53:20 -0500 I have lived next to the river at Baculis Mobile Home Park for 22 years.. I want to know where I can get definitive answers to several questions we all have about the flood wall project that is destined to destroy my backyard view of the river. I need to know why a perfectly effective berm (that served so admirably during the 2008 flood) needs to be removed in favor of a hideous wall this project will require. Please advise as I view the majority of this proposal to be a wasteful use of funds, among other issues. Thank you Gary Hagen From:Ul HR EMPLOYMENT SERVICES 13193350202 07/09/2012 09:44 #005 P.002/003 IP3 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1926 (3 19) 356 -5000 (3 19) 356 -5009 FAX www_icgov.org July 9, 2012 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — HOUSING ASSISTANT Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Housing Assistant. Lucy Joseph IOWA CITY CIVIL SERVICE COMMISSION 1 Lyra W. Dickerson, Chair From:Ul HR EMPLOYMENT SERVICES 13193350202 07/09/2012 09:44 #005 P.003 /003 IN CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org July 9, 2012 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — MASS TRANSIT OPERATOR Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Mass Transit Operator. Mark Ridenour Vic Zender IOWA CITY CIVIL SERVICE COMMISSION Lyra W. Dickerson, Chair The Worst Banking Scandal Yet? - Bloomberg =0 The Worst Banking Scandal Yet? By the Editors - Ju1 12.2012 Page 1 of 2 z IP5 The scandal over the manipulation of Libor has the potential to become one of the most costly and consequential in the history of banking. If the financial institutions involved want to prevent it from overwhelming their businesses and damaging the broader economy, they'll have to act fast. Investigators in the U.S., Canada, Europe and Asia are piecing together a breathtaking portrait of avarice and deceit. To hide their institutions' problems during the financial crisis, or often to boost their traders' profits, bankers knowingly submitted false data for the calculation of the London Interbank Offered Rate, a benchmark interest rate that influences the value of hundreds of trillions of dollars in financial contracts around the world, including floating - rate mortgages, corporate loans and interest -rate swans. The roughly $450 million in fines paid by Barclays Plc, the first bank to fess up, is only the beginning. Regulators can and should hit more banks with large fines to prevent a repeat. More important, criminal charges for the first time could threaten a significant number of bankers and traders with jail terms for their actions during the financial crisis - - a much needed comeuppance that could help reset the industry's moral compass. It is the lawsuits, though, that have the potential to turn a necessary catharsis into a systemic disaster. Plaintiffs ranging from investment firms to municipal governments, many of which bought bonds or entered into contracts that provided payments tied to Libor, are demanding compensation from banks for intentionally pushing down the benchmark. Attempts by traders to rig Libor on specific days, portrayed in detail in the Barclays case, will undoubtedly elicit more legal actions. Estimates of payments related to lawsuits are currently in the billions or tens of billions of dollars. The full scope of possible litigation, though, won't be known until the details of civil and criminal investigations emerge. To get a sense of magnitude, consider this: If Libor was understated by an average of only o.1 percentage point for a year, the discrepancy on the roughly $300 trillion in interest- rate swaps outstanding at the time would add up to $30o billion. That's about a fifth of the aggregate capital of the 16 banks whose reports were used to calculate Libor in 2008. Much of that amount would not be actionable, but it also doesn't account for other types of financial contracts or potential punitive damages. It's in no one's interest if the prospect of decades of litigation, and prolonged uncertainty about the ultimate cost, cripples the banking system. It's certainly the last thing a struggling global economy needs. Bank executives, regulators and prosecutors should be thinking now about how to come clean quickly, compensate the victims and move on. http:// www .bloomberg.cominewslprintl20l 2- 07 -12/ the - worst - banking - scandal- yet -.html 7/12/2012 The Worst Banking Scandal Yet? - Bloomberg Page 2 of 2 The fund set up by BP Plc to pay claims related to the 2010 Deepwater Horizon oil spill offers one possible template. Banks could pool their resources into a global Libor victims' compensation fund, appoint an independent administrator and create a transparent formula to calculate damages. Doing so might persuade angry clients to settle rather than pursue litigation that would serve mainly to enrich armies of lawyers. Such a move would require a lot of cooperation and candor among the banks. For one, they would have to come up with an authoritative estimate of how much Libor was skewed as a result of their misreporting. Beyond that, they would have to decide what share of the payments each bank should bear. One bank -- Barclays is a prime candidate -- might have to take the lead in setting up the fund, as BP did after the oil spill, and press the others to pay their share later. Governments can expedite the process. By quickly bringing and settling criminal charges against the financial institutions (as opposed to charges against the individuals who worked in those institutions), they would remove one obstacle preventing banks from admitting wrongdoing. The Libor scandal offers a sad illustration of the moral bankruptcy that has infected some corners of finance. If the response fails to demonstrate a clear break from the past, the repercussions could again inflict a lot of pain on millions of innocent people. This time, the financial sector has little goodwill to spare. Read more opinion online from Bloomberg View. Subscribe to receive a daily e-mail highlighting new View editorials, columns and op -ed articles. Today's highlights: the editors on Hillary Clinton's visit to _E t; Jonathan Alter on Republicans' stop- the -vote plan in Penns, lvy ania; Stephen L. Carter on our national Lincoln obsession; William Pesek on North Korea's opening to o the West; Jonathan Weil on the Barclays Libor scandal; John H. Cochrane on fixing health care; Frederic Block on how he sentences federal criminals. To contact the Bloomberg View editorial board: view( a �bloonlberg.net. 02012 BLOOMBERG L.P. ALL RIGHTS RESERVED. http:// www. bloomberg .cominewslprintl20l2- 07 -12/ the - worst - banking - scandal- yet -.html 7/12/2012 Format Dynamics:: C1eanPrint :: http:// www .desmoinesregister.com/article /20120715/0... Page 1 of 2 DesMoinesRegiaelInram The Register editorial: Iowa cities paying more for police, fire pensions but workers are not paying more Gov. Terry Branstad and members of the Iowa Legislature have made reducing property taxes a priority. It's a worthy goal. But city leaders are correct when they say some of the expenses driving the cost of local government are beyond their control. Among them: pensions for police officers and firefighters in some of Iowa's largest cities. Those cities have no alternative but to cut expenses elsewhere or raise property taxes. That's because the Legislature has limited contributions paid by police officers and firefighters to 9.4 percent of their earnings. When pension expenses rise, cities must make up the difference. The governor and legislators should help those cities hold down these pension costs, which would go a long way toward helping them hold down property taxes. According to figures compiled by the Iowa League of Cities, the 49 cities in the Municipal Fire and Police Retirement System will have to come up with an IP6 budget years. As an example, Sioux City had to find more than $900,000 to cover the added cost of police and fire pensions this year, and the city's annual contribution to police and fire pensions will grow to more than $5 million by the end of fiscal year 2015. The police and fire pension fund is in relatively good shape compared to many other government pensions nationally, but it is not fully funded. The pension fund recently hired a consultant to project the cost of fully funding its liabilities over the next 20 years. While that is the right goal, it is based on an unrealistic assumption of annual investment returns of 7.5 percent. The poor return on investments is only one reason for the cities' rising contributions. The pension system is, by definition, very expensive: Police officers and firefighters can retire at age 55, and they collect up to 82 percent of the average of their last three years' earnings, with 1.5 percent annual cost -of- living increases being given. Also, state law makes it easier for police Advertisement Access Blocked - Content Alert e URL: s blocked The link you are accessing has been blocked by the Barracuda Web Filter because it matches a blocked category. The name of Print Powered By INN FarrmatDynamics" http: / /www.desmoinesregister .com/fdcp / ?unique= 1342443183129 7/16/2012 Format Dynamics:: C1eanPrint :: http:// www .desmoinesregister.com/article /20120715/0... Page 2 of 2 DesMoingsRouistram officers and firefighters covered by this system to retire under disability. And then there is this demographic trend: Right now there are nearly as many people collecting retirement benefits as those currently working. The cost of supporting pensions for public employees is having a dramatic impact on state and local budgets across the country. Some blame lavish pension benefits in part for recent municipal bankruptcies. Iowa governments are nowhere near bankrupt, but their budgets are increasingly strained by pension costs. Government employees today are among a shrinking number of workers with defined - benefit pensions, in which retirement benefits are guaranteed regardless of the performance of invested reserves. Most private employers have moved away from such pensions and now have defined - contribution pension plans, where retirement benefits are dictated by investment returns. That should be what future state and local government employees are offered in Iowa, too. For those already covered by existing defined - benefit plans, employee contributions need to increase and reduced benefits should be expected. This is especially true with the police and fire pension system. The men and women who fight crime and risk their lives in burning buildings deserve somewhat different retirement considerations. But if the pensions benefits are to be there for them when they retire, then the Legislature needs to change the contribution formula so the police officers and firefighters are paying in the same percentages of their wages as are employees covered by IPERS and Social Security. Related Links Laird: Pensions for police officers, firefighters are rapidly becoming unsustainable Advertisement Access Blocked - Content Alert e URL: s blocked . The link you are accessing has been blocked by the Barracuda Web Filter because it matches a blocked category. The name of Print Powered By FormatD nannics" http: / /www.desmoinesregister .com/fdcp / ?unique= 1342443183129 7/16/2012 Format Dynamics:: C1eanPrint :: http:// www .desmoinesregister.com/article /20120715/0 DesMoineshgis�er.com Laird: Pensions for police officers, firefighters are rapidly becoming unsustainable Employees with jobs in state and local government in Iowa can look forward to a reward at the end of their careers: pensions that provide a steady stream of income when they retire. This is one of the defining differences between working in government versus the private sector, where such defined- benefit retirement plans have been replaced with 401(k) accounts that are subject to the rise and fall of the stock market. There are four major pension systems for public employees in Iowa, but the most lucrative was created for police officers and firefighters in 49 of Iowa's largest c ommunities. They can retire as early as age 55 and collect up to 82 percent of the average of their final three years' income. They also receive annual 1.5 percent cost - of- living increases. Those 49 cities have been paying a growing share of the cost, and city officials are increasingly worried about the impact of this expensive benefit on property taxpayers. It's estimated the employer contribution could hit as much as 30 Page 1 of 4 Z IP7 years, which means a city would pay $15,000 into the fund for a worker earning $50,000. The Iowa League of Cities estimates the 49 communities will pay more than $80 million for their share of the pension plan by the fiscal year that ends in 2015. That's a staggering 66 percent increase over the next three years. Full -time police and fire departments already represent two of the largest expenses in municipal budgets. The growing pension expense, on top of contributions to other employee retirement systems, makes it a challenge to hold the line on local tax rates. Des Moines, for example, had to come up with $1.1 million more to cover its $11.7 million contribution in this year's budget. That contribution represents 10 percent of the city's total property tax collection. The reason for the recent spike: The pension system's $1.8 billion in its invested reserves portfolio took a hit during the recession. Since state law sets the Advertisement Access Blocked - Content Alert e URL: as blocked . The link you are accessing has been blocked by the Barracuda Web Filter because it matches a' blocked category. The name of Print Powered By Fermat© namics" http: / /www.desmoinesregister .com/fdcp / ?unique= 1342443147476 7/16/2012 Format Dynamics:: C1eanPrint :: http:// www .desmoinesregister.com/article /20120715/0... Page 2 of 4 DesMoinesRegister.com employee's contribution, a decline in income from investments shifts the added burden to the employers. The cities' contributions have been steadily rising over the past several years, from 17 percent, the minimum amount set by state law, in fiscal year 2010 to 26.12 percent this year. The cities' contributions are projected to be 28.97 percent next year and more than 30 percent the year after that. Retired Sioux City police officer Marty Pottebaum, who is a member of the nine - member board that administers the Municipal Fire and Police Retirement System of Iowa, said there is no reason to panic. "We've been through good times; we've been through bad times," he said, and the pension system is simply climbing out of a hole following the worst recession since the Great Depression. He said he believes the rate police officers and firefighters pay is fair. Employers pay a larger share of pensions for police and fire than for other government employees covered by IPERS. IPERS is the pension plan that covers most city, county and school employees. But Pottebaum notes that members of the police and fire pension system are not eligible for Social Security benefits. Thus, cities contribute less in payroll taxes. However, a side -by -side comparison by the Taxpayers Association of Central Iowa shows that even with Social Security payroll taxes included, the cost to the government for an employee under IPERS is less than for members of the police and fire system. That share has been rising, and it will continue to rise over the next two years and perhaps longer. The police and fire pension system recently recalculated what it must raise to cover its obligations over the next two decades, which is based on the assumption that the portfolio will earn a rate of return of 7.5 percent on its investments. This year it is expected to fall far short of that, some say earning as little as 1 or 2 percent, and the system will be digging out of this hole for many more years to come. The cities want employees to share more of the burden. That would require a change in state law, however, in part because the current law is fiercely defended by police and fire unions. And the Legislature has not been very sympathetic to the cities, or more accurately, the taxpayers in those cities. Legislators have been willing to ask employees under IPERS to contribute more toward their pensions, which affect the Advertisement Access Blocked - Content Alert e URL: as blocked . The link you are accessing has been blocked by the Barracuda Web Filter because it matches a blocked category. The name of Print Powered By 1 FL'}t rnatD namics" http: / /www.desmoinesregister .com/fdcp / ?unique= 1342443147476 7/16/2012 Format Dynamics:: C1eanPrint :: http:// www .desmoinesregister.com/article /20120715/0... Page 3 of 4 DesMoinesRegister.com state's budget. But the police and fire liabilities are the cities' problem. Indeed, the state's contribution to police and fire pensions, which was close to $3 million just a decade ago, has steadily declined. This year, the Legislature eliminated the state's contribution entirely. The police and fire pension system is rooted in a collection of 87 individual retirement plans created by cities and one county, some dating back to 1934. They were combined into a single retirement system by the Legislature in 1992. The system covers 3,908 working police officers and firefighters, which is only slightly more than the number of retirees or their surviving beneficiaries. The idea of a separate pension system with early retirement benefits for police officers and firefighters acknowledged the hazardous and physical nature of those jobs. In addition to the opportunity for early retirement, the police and fire pension system pays for job - related death and disability benefits. And, under state law regarding disability benefits for these police officers and firefighters, heart, lung and respiratory diseases or most common cancers are presumed to be job related. "Firefighting is a very demanding job, both physically and mentally," said former Sioux City Fire Chief Robert Hamilton, who recently completed a four -year term on the pension board. There aren't many desk jobs in a fire station, he said, and since officers continue to be part of the firefighting force they must be able to keep up with the physical demands of the job. City officials do not necessarily disagree. For example, Scott Sanders, finance director for the city of Des Moines, said it is in the public interest to allow police officers and firefighters to retire earlier than other p rofessions. Their work "is very demanding," said Sanders, who is a member of the police and fire pension board. "You need, to a degree, a young, vibrant police and fire force." The issue, Sanders said, is not so much the benefits but the contributions. However justified it may be, the police and fire pension system is an expensive benefit. There are only three ways to prevent that expense from becoming unsustainable: Reduce benefits, increase employer contributions and increase employee contributions. If the Legislature refuses to increase the employees' share, then residents of Iowa's largest cities should brace themselves for rising property taxes. Advertisement Access Blocked - Content Alert URL: as blocked The link you are accessing has been blocked by the Barracuda Web Filter because it matches a blocked category. The name of Print Powered By li" Format[) namics" http: / /www.desmoinesregister .com/fdcp / ?unique = 1342443147476 7/16/2012 r = CITY OF IOWA CITY A ha IP8 't i MEMORANDUM Date: July 17, 2012 To: Mayor and City Council From: Marian K. Karr, City Clerk N4 - Re: LOST election in March 2013 At the July 10 work session Council agreed not to pursue renewal of the Local Option Sales Tax on the November 6 election, and requested information on the next available date. The next election date would be a March 3 special election, and the deadline for submitting the question to the Auditor would be December 11, 2012. The Auditor has to be notified well in advance of a sales tax election because each jurisdiction has to decide how it will use the funds and a special publication of the use is required prior to the notice of election publication. If the sales tax election is held later than the last date above, the sales tax will expire June 30, 2013 prior to being reinstated, if approved by the voters. The City of Iowa City invites you to attend our Alwho /Licensee Open House for on and off - premise license holders Tuesday, July 31st, from 1:00 to 2:30 p.m. Emma Harvat Hall, Iowa City City Hall 410 E. Washington Street Iowa City, Iowa 52240 Representatives from the Iowa City Police Department, City Attorney's Office, and the State of Iowa's Alcoholic Beverages Division will present resources available for the successful operation of businesses holding state alochol licenses in Iowa City. I r I For more information contact _ — Crime Prevention Officer Jorey Bailey at OV �ti 319- 356 -5273 or Jorey- bailey@iowa- city.org " CITY OF IOWA CITY IP10 CITY OF IOWA CITY QUARTERLY INVESTMENT REPORT April 1, 2012 to June 30, 2012 Finance Department Prepared by: Brian Cover Senior Accountant OVERVIEW The City of Iowa City's investment objectives are safety, liquidity and yield. The primary objective of the City of Iowa City's investment activities is the preservation of capital and the protection of investment principal. The City's investment portfolio remains sufficiently liquid to enable the City to meet operating requirements that cash management procedures anticipate. In investing public funds, the City's cash management portfolio is designed with the objective of regularly exceeding the average return on the six month U.S. Treasury Bill. The Treasury Bill is considered a benchmark for riskless investment transactions and therefore comprises a minimum standard for the portfolio's rate of return. The rolling average return on the six -month U.S. Treasury Bill for the prior 365 days was 0.08% at 6/30/12. The investment program seeks to achieve returns above this threshold, consistent with risk limitations and prudent investment principles. The rate of return on the City's entire portfolio for the quarter was 0.42% which is 34 basis points higher than the threshold. (See exhibit A) Investments purchased by the City of Iowa City for the fourth quarter of this fiscal year had an average return of 0.24 %. Rates on new investment purchases in our operating cash portfolio for the fourth quarter were approximately 2 basis points lower than investments purchased at this time last year. Municipalities in Iowa are still having trouble finding financial institutions willing to accept public funds. The federal funds rate is the interest rate at which banks lend to each other. In the June meeting of the Federal Open Market Committee, the decision was made to keep the target range for the federal funds rate at 0 to 1/4 percent and the committee currently anticipates that economic conditions -- including low rates of resource utilization and a subdued outlook for inflation over the medium run- - are likely to warrant exceptionally low levels for the federal funds rate at least through late 2014. (See exhibit B). The quarterly investment report lists investments by fund, by institution, by maturity date, and investments purchased and redeemed. New official state interest rates setting the minimum that may be paid by Iowa depositories on public funds in the 180 to 364 day range during this quarter were 0.05% in April, 0.05% in May, and 0.05% in June 2012. Q H m w CITY OF IOWA CITY INVESTMENTS ON HAND DETAIL LISTING BY MATURITY DATE 6/30/2012 INSTITUTION INVESTMENT PURCHASE MATURITY INVESTMENT INTEREST NAME TYPE DATE DATE AMOUNT RATE IOWA PUBLIC AGENCY INVEST TRUST IPAIT 13- Jun -02 N/A $ 3,000,000.00 VARIABLE IOWA PUBLIC AGENCY INVEST TRUST IPAIT 12- May -09 N/A $ 4,000,000.00 VARIABLE IOWA PUBLIC AGENCY INVEST TRUST IPAIT 28- Oct -09 N/A $ 15,000,000.00 VARIABLE HILLS BANK MONEY MARKET 30- Mar -10 N/A $ 9,290,781.67 VARIABLE WELLS FARGO SAVINGS 20- Apr -10 N/A $ 10,000,000.00 VARIABLE IOWA PUBLIC AGENCY INVEST TRUST IPAIT 08- Apr -11 N/A $ 15,000,000.00 VARIABLE IPAIT 2006A GO IPAIT 17- Apr -09 N/A $ 109,639.62 VARIABLE IPAIT 2007 GO IPAIT 11- Dec -09 N/A $ 896,545.10 VARIABLE IPAIT 2008 GO IPAIT 15- Jul -09 N/A $ 1,895,606.92 VARIABLE IPAIT 2009 D GO IPAIT 12- Jun -09 N/A $ 213,030.50 VARIABLE IPAIT 2009 C GO IPAIT 12- Jun -09 N/A $ 1,324,215.30 VARIABLE IPAIT 2010 B GO IPAIT 12- Aug -10 N/A $ 2,343,464.05 VARIABLE IPAIT 2011 A GO IPAIT 08- Jun -11 N/A $ 3,917,046.41 VARIABLE IPAIT 2012 A GO IPAIT 20- Jun -12 N/A $ 8,194,573.42 VARIABLE WELLS FARGO CD 24- May -11 01- Jul -12 $ 500,000.00 0.650 MIDWESTONE BANK CD 19- Apr -11 02- Jul -12 $ 500,000.00 0.700 AMERICAN BANK & TRUST CD 12- Dec -08 12- Dec -13 $ 6,197,315.00 3.750 MIDWESTONE BANK CD 12- Dec -08 12- Dec -13 $ 2,000,000.00 4.180 UICCU CD 28- Jun -10 26- Jun -15 $ 846,700.00 2.510 UICCU CD 28- Jun -10 26- Jun -15 $ 300,000.00 2.510 MIDWESTONE BANK CD 11- Aug -11 03- Aug -12 $ 2,000,000.00 0.400 MIDWESTONE BANK CD 11- Aug -11 10- Aug -12 $ 2,000,000.00 0.400 MIDWESTONE BANK CD 11- Aug -11 27- Jul -12 $ 2,000,000.00 0.350 MIDWESTONE BANK CD 19- Sep -11 07- Sep -12 $ 2,000,000.00 0.350 MIDWESTONE BANK CD 19- Sep -11 31- Aug -12 $ 1,000,000.00 0.400 MIDWESTONE BANK CD 19- Sep -11 24- Aug -12 $ 2,000,000.00 0.400 MIDWESTONE BANK CD 21- Oct -11 19- Oct -12 $ 2,000,000.00 0.380 MIDWESTONE BANK CD 21- Oct -11 12- Oct -12 $ 2,000,000.00 0.350 MIDWESTONE BANK CD 21- Oct -11 05- Oct -12 $ 2,000,000.00 0.320 MIDWESTONE BANK CD 10- Nov -11 26- Oct -12 $ 2,000,000.00 0.300 TWO RIVERS BANK CD 10- Nov -11 02- Nov -12 $ 2,000,000.00 0.350 MIDWESTONE BANK CD 18- Nov -11 15- Nov -12 $ 2,000,000.00 0.310 MIDWESTONE BANK CD 18- Nov -11 09- Nov -12 $ 2,000,000.00 0.300 MIDWESTONE BANK CD 15- Dec -11 14- Dec -12 $ 2,000,000.00 0.310 MIDWESTONE BANK CD 15- Dec -11 21- Nov -12 $ 2,000,000.00 0.260 MIDWESTONE BANK CD 15- Dec -11 30- Nov -12 $ 2,000,000.00 0.280 MIDWESTONE BANK CD 15- Dec -11 07- Dec -12 $ 2,000,000.00 0.290 MIDWESTONE BANK CD 19- Jan -12 04- Jan -13 $ 1,000,000.00 0.280 TWO RIVERS BANK CD 19- Jan -12 11- Jan -13 $ 1,000,000.00 0.330 MIDWESTONE BANK CD 19- Jan -12 02- Jan -13 $ 1,290,000.00 0.270 MIDWESTONE BANK CD 19- Jan -12 03- Dec -12 $ 1,135,000.00 0.260 WELLS FARGO BANK CD 27- Feb -12 27- Feb -14 $ 2,112,014.00 0.450 WELLS FARGO BANK CD 27- Feb -12 27- Feb -14 $ 450,000.00 0.450 UICCU CD 9- Mar -12 01- Mar -13 $ 2,000,000.00 0.285 MIDWESTONE BANK CD 9- Mar -12 08- Mar -13 $ 2,000,000.00 0.335 CR BANK & TRUST CD 29- Mar -12 22- Mar -13 $ 2,000,000.00 0.340 CR BANK & TRUST CD 29- Mar -12 28- Mar -13 $ 2,000,000.00 0.360 CR BANK & TRUST co 29- Mar -12 31- May -13 $ 1,000,000.00 0.380 MIDWESTONE BANK CD 13- Apr -12 15- Mar -13 $ 2,000,000.00 0.270 MIDWESTONE BANK CD 13- Apr -12 05- Apr -13 $ 2,000,000.00 0.330 MIDWESTONE BANK CD 13- Apr -12 12- Apr -13 $ 2,000,000.00 0.370 MIDWESTONE BANK CD 13- Apr -12 31- May -13 $ 2,500,000.00 0.415 MIDWESTONE BANK CD 13- Apr -12 01- Jul -13 $ 2,000,000.00 0.460 MIDWESTONE BANK CD 27- Apr -12 05- Apr -13 $ 2,000,000.00 0.260 MIDWESTONE BANK CD 27- Apr -12 12- Apr -13 $ 2,000,000.00 0.280 MIDWESTONE BANK CD 27- Apr -12 19- Apr -13 $ 2,000,000.00 0.300 MIDWESTONE BANK CD 27- Apr -12 26- Apr -13 $ 2,000,000.00 0.320 CITY OF IOWA CITY INVESTMENTS ON HAND DETAIL LISTING BY MATURITY DATE 6/30/2012 INSTITUTION INVESTMENT PURCHASE MATURITY INVESTMENT INTEREST NAME TYPE DATE DATE AMOUNT RATE UICCU CD 15- May -12 03- May -13 $ 2,000,000.00 0.315 UICCU CD 15- May -12 10- May -13 $ 2,000,000.00 0.335 UICCU CD 15- May -12 31- May -13 $ 3,000,000.00 0.355 UICCU CD 15- May -12 01- Jul -13 $ 750,000.00 0.365 IOWA PUBLIC AGENCY INVEST TRUST IPAIT 20- Jun -12 N/A $ 4,989,908.49 VARIABLE MIDWESTONE BANK CD 29- Jun -12 07- Jun -13 $ 2,000,000.00 0.305 MIDWESTONE BANK CD 29- Jun -12 14- Jun -13 $ 2,000,000.00 0.355 MIDWESTONE BANK CD 29- Jun -12 21- Jun -13 $ 2,000,000.00 0.405 TOTAL $ 171,755,840.48 CITY OF IOWA CITY INVESTMENT ACTIVITY FOR THE QUARTER ENDED JUNE 30, 2012 INVESTMENTS ON HAND AT 3/31/12 INVESTMENT PURCHASE MATURITY INVESTMENT INTEREST INSTITUTION TYPE DATE DATE AMOUNT RATE PURCHASES 4/01/12 TO 6/30/12 MIDWESTONE BANK CD 13- Apr -12 15- Mar -13 $ 2,000,000.00 0.270 MIDWESTONE BANK CD 13- Apr -12 05- Apr -13 $ 2,000,000.00 0.330 MIDWESTONE BANK CD 13- Apr -12 12- Apr -13 $ 2,000,000.00 0.370 MIDWESTONE BANK CD 13- Apr -12 31- May -13 $ 2,500,000.00 0.415 MIDWESTONE BANK CD 13- Apr -12 01- Jul -13 $ 2,000,000.00 0.460 MIDWESTONE BANK CD 27- Apr -12 05- Apr -13 $ 2,000,000.00 0.260 MIDWESTONE BANK CD 27- Apr -12 12- Apr -13 $ 2,000,000.00 0.280 MIDWESTONE BANK CD 27- Apr -12 19- Apr -13 $ 2,000,000.00 0.300 MIDWESTONE BANK CD 27- Apr -12 26- Apr -13 $ 2,000,000.00 0.320 UICCU CD 15- May -12 03- May -13 $ 2,000,000.00 0.315 UICCU CD 15- May -12 10- May -13 $ 2,000,000.00 0.335 UICCU CD 15- May -12 31- May -13 $ 3,000,000.00 0.355 UICCU CD 15- May -12 01- Jul -13 $ 750,000.00 0.365 IOWA PUBLIC AGENCY INVEST TRUST IPAIT 20- Jun -12 N/A $ 4,989,908.49 VARIABLE MIDWESTONE BANK CD 29- Jun -12 07- Jun -13 $ 2,000,000.00 0.305 MIDWESTONE BANK CD 29- Jun -12 14- Jun -13 $ 2,000,000.00 0.355 MIDWESTONE BANK CD 29- Jun -12 21- Jun -13 $ 2,000,000.00 0.405 IPAIT 2012 A GO IPAIT 20- Jun -12 N/A $ 8,347,189.65 VARIABLE TOTAL PURCHASES REDEMPTIONS 4/01/12 TO 6/30/12 IPAIT 2007 GO BONDS (PARTIAL REDEMPTION) IPAIT 11- Dec -09 N/A $ (1,031.32) VARIABLE IPAIT 2008 GO BONDS (PARTIAL REDEMPTION) IPAIT 15- Jul -09 N/A $ (24,389.59) VARIABLE IPAIT 2009 C GO BONDS (PARTIAL REDEMPTION) IPAIT 12- Jun -09 N/A $ (2,147.87) VARIABLE IPAIT 2010 B GO BONDS (PARTIAL REDEMPTION) IPAIT 12- Aug -10 N/A $ (7,581.34) VARIABLE IPAIT 2011 A GO BONDS (PARTIAL REDEMPTION) IPAIT 08- Jun -11 N/A $ (151,314.00) VARIABLE WELLS FARGO CD 19- Apr -11 30- Mar -12 $ (2,000,000.00) 0.300 MIDWESTONE BANK CD 19- Apr -11 06- Apr -12 $ (2,000,000.00) 0.370 MIDWESTONE BANK CD 19- Apr -11 13- Apr -12 $ (2,000,000.00) 0.400 UICCU CD 06- May -11 20- Apr -12 $ (2,000,000.00) 0.360 UICCU CD 06- May -11 27- Apr -12 $ (2,000,000.00) 0.360 IPAIT 2006 GO BONDS (PARTIAL REDEMPTION) IPAIT 17- Apr -09 N/A $ (751,348.89) VARIABLE IPAIT 2007 GO BONDS (PARTIAL REDEMPTION) IPAIT 11- Dec -09 N/A $ (82.72) VARIABLE IPAIT 2008 GO BONDS (PARTIAL REDEMPTION) IPAIT 15- Jul -09 N/A $ (32,164.04) VARIABLE IPAIT 2009 C GO BONDS (PARTIAL REDEMPTION) IPAIT 12- Jun -09 N/A $ (42,839.30) VARIABLE IPAIT 2010 B GO BONDS (PARTIAL REDEMPTION) IPAIT 12- Aug -10 N/A $ (18,194.02) VARIABLE IPAIT 2011 A GO BONDS (PARTIAL REDEMPTION) IPAIT 08- Jun -11 N/A $ (32,554.92) VARIABLE UICCU CD O6- May -11 04- May -12 $ (2,000,000.00) 0.410 WELLS FARGO BANK CD 24- May -11 11- May -12 $ (2,000,000.00) 0.250 WELLS FARGO BANK CD 24- May -11 18- May -12 $ (2,000,000.00) 0.250 IPAIT 2006 GO BONDS (PARTIAL REDEMPTION) IPAIT 17- Apr -09 N/A $ (200,000.00) VARIABLE CR BANK & TRUST CD 24- May -11 23- May -12 $ (2,000,000.00) 0.340 IPAIT 2007 GO BONDS (PARTIAL REDEMPTION) IPAIT 11- Dec -09 N/A $ (574.61) VARIABLE IPAIT 2009 C GO BONDS (PARTIAL REDEMPTION) IPAIT 12- Jun -09 N/A $ (3,363.67) VARIABLE IPAIT 2010 B GO BONDS (PARTIAL REDEMPTION) IPAIT 12- Aug -10 N/A $ (43,992.97) VARIABLE IPAIT 2011 A GO BONDS (PARTIAL REDEMPTION) IPAIT 08- Jun -11 N/A $ (173,833.70) VARIABLE WELLS FARGO BANK CD 19- Apr -11 31- May -12 $ (4,000,000.00) 0.700 $ 178,151,612.71 $ 45,587,098.14 CITY OF IOWA CITY INVESTMENT ACTIVITY FOR THE QUARTER ENDED JUNE 30, 2012 INVESTMENTS ON HAND AT 3/31/12 INVESTMENT PURCHASE MATURITY INVESTMENT INTEREST INSTITUTION TYPE DATE DATE AMOUNT RATE WELLS FARGO BANK CD 24- May -11 01- Jun -12 $ (1,000,000.00) 0.650 BANKERS TRUST SLGS 08- Jun -11 01- Jun -12 $ (10,822,057.00) 0.200 MIDWESTONE BANK CD 10- Jun -11 01- Jun -12 $ (2,000,000.00) 0.450 MIDWESTONE BANK CD 10- Jun -11 01- Jun -12 $ (300,000.00) 0.350 BANKERS TRUST SAV 28- Jul -11 01- Jun -12 $ (0.94) N/A UICCU CD 21- Oct -11 01- Jun -12 $ (4,000,000.00) 0.275 MIDWESTONE BANK CD 10- Nov -11 01- Jun -12 $ (2,000,000.00) 0.255 MIDWESTONE BANK CD 10 -Jun -11 08- Jun -12 $ (2,000,000.00) 0.550 MIDWESTONE BANK CD 30- Jun -11 15- Jun -12 $ (2,000,000.00) 0.450 MIDWESTONE BANK CD 30- Jun -11 22- Jun -12 $ (2,000,000.00) 0.450 MIDWESTONE BANK CD 30- Jun -11 29- Jun -12 $ (2,000,000.00) 0.500 IPAIT 2007 GO BONDS (PARTIAL REDEMPTION) IPAIT 11- Dec -09 N/A $ (2,554.70) VARIABLE IPAIT 2009 C GO BONDS (PARTIAL REDEMPTION) IPAIT 12- Jun -09 N/A $ (13,769.60) VARIABLE IPAIT 2010 B GO BONDS (PARTIAL REDEMPTION) IPAIT 12- Aug -10 N/A $ (39,532.85) VARIABLE IPAIT 2011 A GO BONDS (PARTIAL REDEMPTION) IPAIT 08- Jun -11 N/A $ (166,926.09) VARIABLE IPAIT 2012 A GO BONDS (PARTIAL REDEMPTION) IPAIT 20- Jun -12 N/A $ (152,616.23) VARIABLE TOTAL REDEMPTIONS INVESTMENTS ON HAND AT 6/30/12 $ 178,151,612.71 $ (51,982,870.37) $ 171,755,840.48 CITY OF IOWA CITY INVESTMENTS ON HAND SUMMARY BY FUND FUND TYPE ALL OPERATING FUNDS GENERAL OBLIGATION BOND FUND BOND RESERVE FUND TOTAL CITY OF IOWA CITY INVESTMENTS ON HAND LISTING BY INSTITUTION 6130/12 6/30/11 INVESTMENT INVESTMENT AMOUNT AMOUNT $142,184,902.99 $134,215,217.35 $ 7,635,000.00 $ 17,730,230.00 $ 21,935,937.49 $ 17,728,804.00 $171,755,840.48 $169,674,251.35 TOTAL $171,755,840.48 $169,674,251.35 6/30/12 6/30/11 INSTITUTION INVESTMENT INVESTMENT DEPOSITORY NAME AMOUNT AMOUNT LIMIT BANK OF THE WEST $ - $ - $ 75,000,000.00 BANKER'S TRUST $ - $ 11,085,230.00 N/A CEDAR RAPIDS BANK & TRUST $ 5,000,000.00 $ 4,000,000.00 $ 20,000,000.00 FARMERS & MERCHANTS SAVINGS BANK $ - $ - $ 15,000,000.00 FIRST AMERICAN BANK $ - $ - $ 35,000,000.00 FREEDOM SECURITY BANK $ - $ 1,000,000.00 $ 15,000,000.00 HILLS BANK & TRUST $ 9,290,781.67 $ 9,290,781.67 $ 25,000,000.00 IOWA PUBLIC AGENCY INVESTMENT TRUST $ 60,884,029.81 $ 57,609,224.68 N/A LIBERTY BANK $ - $ - $ 25,000,000.00 MIDWESTONE BANK $ 63,425,000.00 $ 36,800,000.00 $ 75,000,000.00 TWO RIVERS BANK $ 9,197,315.00 $ 6,197,315.00 $ 10,000,000.00 U OF I COMM CREDIT UNION $ 10,896,700.00 $ 7,146,700.00 $ 50,000,000.00 US BANK $ - $ - $ 65,000,000.00 US TREASURY NOTES AND AGENCIES $ - $ - N/A WELLS FARGO BANK $ 13,062,014.00 $ 36,545,000.00 $ 50,000,000.00 WEST BANK $ - $ - $ 35,000,000.00 TOTAL $171,755,840.48 $169,674,251.35 IP17 MINUTES OF THE JOINT INFORMAL MEETING OF JOHNSON COUNTY BOARD OF SUPERVISORS AND CRIMINAL JUSTICE COORDINATING COMMITTEE: JULY 11, 2012 TABLE OF CONTENTS Page Ethics Requirements Regarding Justice Center Bond Referendum ................... ..............................1 Operational Needs and Costs of the Justice Center ............................................ ..............................3 Future Scheduling, Planning and Expectations of Committee and Subcommittee Meetings andActivities ............................................................................................... ..............................4 CommitteeReports ............................................................................................. ..............................4 Alternatives and Treatments Subcommittee .......................................... ..............................4 Public Information/Outreach Subcommittee ......................................... ..............................5 FacilitiesSubcommittee ........................................................................ ..............................6 Funding /Grants Subcommittee .............................................................. ..............................6 Additional Comments from Criminal Justice Coordinating Committee Members ..........................7 Commentsfrom the Public ................................................................................. ..............................8 SetNext Meeting Date ....................................................................................... ..............................9 Vice Chairperson Rettig called the Johnson County Board of Supervisors to order in the Johnson County Health and Human Services Building at 4:35 p.m. Members present were: Terrence Neuzil, Janelle Rettig; absent: Sally Stutsman. Pat Harney arrived at 4:37 p.m. and Rod Sullivan arrived at 4:39 p.m. Criminal Justice Coordinating Committee Members: Present: MECCA Director Ron Berg, Iowa City City Council Member Connie Champion, University of Iowa Student Representative Drew Lakin, Iowa City Public Library Adult Service Coordinator Kara Logsden, County Attorney Janet Lyness, Public Defender's Managing Attorney Peter Persaud, County Sheriff Lonny Pulkrabek, Judge Douglas Russell, Citizen Representative Professor Emeritus John Stratton, and Consultation of Religious Communities Representative Dorothy Whiston; Absent: Department of Corrections Supervisor Jerri Allen, Bar Association Representative James McCarragher. Staff present: Executive Assistant Andy Johnson and Auditor's Office Recording Secretary Billy Davies. ETHICS REQUIREMENTS REGARDING JUSTICE CENTER BOND REFERENDUM County Attorney Janet Lyness said Chapter 68A.505 of the Iowa Code prohibits a county or political subdivision from expending or permitting the expenditure of public money for political purposes including expressively advocating the passage or defeat of a ballot issue. Therefore, the County cannot expend any money to persuade a citizen's vote on the bond referendum. Iowa Code states this should not be construed to limit the freedom of speech of State officials or employees, or, the officials or employees of a governing body of a county, city or other political subdivision of the State. She added that this section shall also not be construed to prohibit the State, or a governing body of a political subdivision of the State, from expressing an opinion on a ballot issue through the Informal Minutes: July 11, 2012/ page 2 passage of a resolution or proclamation. Specifically, Iowa Code prohibits communications that use a word, term, phrase or symbol that exhorts an individual to vote for or against a clearly identified candidate or for the passage or defeat of a clearly identified ballot issue. Lyness said some exceptions include permitting County elected officials to use their title and name when expressing their position. For example, she said she could say County Attorney Janet Lyness supports the bond referendum; this is her First Amendment right. Public resources may also be used to distribute communications that do not expressly advocate for or against a candidate or ballot issue. Such communications can include the consequences of voting for or against a ballot issue, and financial information, etc., but cannot suggest a position the voter should take. The County can also provide education materials or a public forum. Staff is also permitted to wear political buttons or logos in the office, unless a department regulation states otherwise. Lyness said staff cannot use County equipment or buildings to solicit votes. County owned vehicles cannot be used to transport political materials or to travel to or from campaign events. Using County resources to produce and or distribute political materials and placing yard signs on County property are prohibited. Lyness said she got her information from Iowa Ethics and Campaign Disclosure Board Executive Director and Legal Counsel Megan Tooker. She repeated that Tooker provided the information that it is acceptable to produce and distribute communications that provide information about a ballot issue but do not expressly advocate. Harney asked for clarification on when and how elected officials and government employees are permitted to discuss the bond issue. Lyness said it is acceptable for elected officials and county employees to use their personal time without the use of County resources to advocate for the bond issue. They should not hold a press conference in their office and tell the public how to vote. However, they may advocate a position in a public place on their personal time, not using county resources. Lyness said the Iowa Ethics and Campaign Disclosure Board has recently decided that using private cell phones or accessing computers within County facilities for political purposes would be a violation and she discouraged such action. Additionally, the technology portion of the Johnson County Employee Handbook prohibits the use of County computers to conduct political activity or even accessing political communications. Rettig clarified that the prohibition remained in affect during an employee's lunch hour or break time. Lyness said if they are using a County computer, then yes. Rettig said Sheriff Lonny Pulkrabek drives a County -owned car 24/7; it is his job to always be available and on call. She asked if Pulkrabek would be able to use the County car to drive to a campaign meeting at the library. Lyness agreed that could be a grey Informal Minutes: July 11, 2012/ page 3 area. Pulkrabek said he has the car so that he can always listen to the radio and always be available. He said he may contact Tooker to clarify this. Lyness said they do not want the focus of the campaign directed on whether someone violated the ethics rules so she urged everyone to be cautious. Harney asked how the justice center became such a political issue. It is a public facility for the County. Lyness said the political issue is getting people to vote for the bond to build the justice center. She said a political purpose means to expressly advocate the passage or defeat of a ballot issue. OPERATIONAL NEEDS AND COSTS OF THE JUSTICE CENTER Pulkrabek said they have been working with Venture Architects Inc. to refine the design. At this time, the County will only need to hire three additional staff members to operate the jail and secure and the Courthouse, a nurse and two deputies. Harney asked if Pulkrabek included in this estimate, fulltime security at the entrance and staff vacation time and sick leave. Pulkrabek said yes, this includes full 24/7 coverage. The variables are who will be located where. Rettig said last time they discussed operational costs, Pulkrabek had said staffing would cost an additional $1.2 million and a placeholder figure for inmate food was $130,000. She asked Pulkrabek if he had actual numbers. Pulkrabek said they have not gotten that specific yet. Iowa City City Council Member Connie Champion clarified that the County would not need new hires to operate the Jail but would need to hire a nurse assigned to the Jail and two deputies to operate Courthouse security. Pulkrabek said yes. Lyness asked what the average cost for the deputies is. Pulkrabek estimated an annual salary of $75,000 to $80,000 with wages and benefits. Sullivan asked Pulkrabek if the grant the County received from the federal government could be used for employee salaries. Pulkrabek said they have not received any information on that yet. As of now, the grant will pay $125,000 total over three years' toward a deputy sheriff salary. Rettig said Facilities Manager Eldon Slaughter and she crunched numbers for the cost to operate the facility. At this time, they have calculated the cost to operate the new facility at $569,000. Currently the County pays $291,000 to operate the Courthouse and Jail. She said she would prefer the Board table this discussion until Slaughter and she have a chance to nail down the numbers. The estimates are difficult to do because they don't know which elements will be incorporated in the building. Pulkrabek said a glaring deficiency in the current Jail is the staff to inmate ratio of one to 2.78, which is very labor intensive as with linear style jails. In the new facility the ratio is going to be somewhere between five and a half to eight inmates per staff member. Informal Minutes: July 11, 2012/ page 4 FUTURE SCHEDULING, PLANNING AND EXPECTATIONS OF COMMITTEE AND SUBCOMMITTEE MEETINGS AND ACTIVITIES Sullivan said this is on the agenda because the committee is not sure how much will be done in the big group now that the Criminal Justice Coordinating Committee (CJCC) has made so many of these decisions. Perhaps things will not happen at the subcommittee level as frequently. It would be good to have some feedback from CJCC members in terms of how they think the committee should proceed from this point forward. There are some materials that need to be created for everyone to use, but once that is done, the CJCC must decide if it still feels that it is necessary to meet monthly. There will be a campaign committee that will be working on things in a way that is somewhat parallel but somewhat separate from what the committee is doing. Champion said the committee has been together for a long time, and all of the members should be kept up to date on what is happening, no matter how frequently they meet. There will be a separate committee to promote the proposed justice center, but it is important for everyone that has been involved on the CJCC to be kept informed of progress. Judge Douglas Russell agreed with Champion and said the CJCC should continue to meet so that members can have a common exchange point for information and fill gaps and address problems as they arise with the wisdom of everyone involved. Lyness said information can be posted for public view regarding when the committee or subcommittees are meeting so that residents interested in what is going on can get information or have questions answered. Sullivan said realistically there will probably just be three to four more meetings before November. Consultation of Religious Communities Representative Dorothy Whiston asked if the CJCC is not going to dissolve in November. Sullivan said it will not dissolve, but by then the committee will know which direction it is heading in in November after the vote. COMMITTEE REPORTS Alternatives and Treatments Subcommittee Lyness said she does not have the MECCA numbers on hand, but MECCA is continuing to perform substance abuse evaluations at the Jail. Lyness said due successful outcomes after meetings between the Jail Alternatives Program staff, the Public Defender's Office, the County Attorney's Office, and Jail staff, they are spending less this year than in prior years on housing inmates outside of Johnson County. Lyness thanked Public Defender's Managing Attorney Peter Persaud for his commitment to expediting paperwork and for getting people into the Jail Alternatives Program. Pulkrabek said the County spent almost $124,000 less in FYI 2 than it did in FYI 1. Whiston asked if the CJCC is interested in making some sort of statement regarding the Chatham Oaks situation. Sheltered living for people with chronic mental illness is an important part of the Jail Alternatives Program. Rettig said there is a meeting scheduled Informal Minutes: July 11, 2012/ page 5 for 6:30 p.m. this evening to talk about the future of Chatham Oaks. Sullivan said he and Mental Health & Disability Services (MH/DS) Director Kris Artley were just on the phone with State Senator Joe Bolkcom discussing that topic. The issue is complicated but he said the CJCC could prepare a statement. Rettig said the public probably wants to know across the board what the County is doing to divert people from the criminal justice system. There is not a white paper on that. The County has numerous programs supporting the criminal justice system; Chatham Oaks is just one piece and it would be devastating to the County's mental health system if it is forced to close. Rettig agreed with Whiston that the CJCC should prepare a white paper. Sullivan asked if the Alternatives and Treatments Subcommittee did something like this a while ago. Pulkrabek said yes, Jan Peterson worked very hard on such a document. Peckover said information is updated every year. Lyness said it probably would not hurt to try to prepare a one -page summary. Sullivan said he would like to see how tonight's meeting about Chatham Oaks goes before moving forward. Public Information/Outreach Subcommittee Neuzil said the subcommittee has prepared a summary of all the materials which is currently being reviewed by the County Attorney. When Lyness approves the material, it will be available for the website. Lyness said she has reviewed the materials and approves them. Neuzil said the subcommittee hopes to have the materials on the website in the next week or so. Lyness said that when a group of people toured the Courthouse and Jail during the recent Joint Cities Meeting, the justice center design posters were on display. She and Neumann Monson Architects Principal Dwight Dobberstein thought those posters could also be publically displayed in the County Administration Building and the Health and Human Services Building. Posters are currently displayed in the library of the Courthouse, but it may be possible to move them to the rotunda area if it can be done without obstructing traffic. Rettig said this information and the design posters will be on display at the County Fair. She recommended that people working the Johnson County booth at the Fair should have some talking points about justice center. While at the Fair, employees may not advocate a position, but they can hand out information. Lyness said they cannot tell people to vote in favor of the justice center, but they can give out information. Lyness said she can write out a script detailing what staff working at the booths may and may not say. Neuzil said the architect's model, posters of the design, and a question and answer brochure will be available at the Fair. Rettig said there are not enough people currently signed up to work at the County Fair and she encouraged department heads to encourage their staff to sign up. Informal Minutes: July 11, 2012/ page 6 Sullivan asked Dobberstein who owns the larger posters that have been displayed at the Courthouse. Dobberstein said the County is welcome to have them. Sullivan said he would prefer to display the posters in the County Administration Building because the people that see the posters in the Courthouse already have some sense that the Courthouse is crowded since they experience it first -hand. Many people in the County Administration Building might never go to the Courthouse. Facilities Subcommittee Harney said the Facilities Subcommittee has not met, but he has visited with U.S. General Services Administration (GSA) staff that has drawn up a 35 -page document for the property. The GSA's legal staff has spent two weeks reviewing the document, so it is hard to say what it will end up looking like. He expects the GSA will be getting back to the subcommittee as soon as they have more information. Funding/Grants Subcommittee Rettig referred to the handout entitled "Estimated Tax Impact Based on the Net Tax Capacity" being passed around and said it shows the bonding numbers for the County. This is based on current interest rates and current rollbacks on property, so it is as if the County was bonding today, or more precisely, when she received these numbers a week ago. Looking to the right, where it shows 25 Basis Points (BPS), 50 BPS and so on, that is a quarter per point interest rate change, so if the interest rates go up .25, that is what it would be; the same for .50, .75, and so on. The chart shows different property classifications but agricultural land was not included so that is something the subcommittee will have to add. It is probably best in reading this sheet to look at the assessed value of $100,000 because it is then easily multiplied out to someone's house. On $100,000 assessed value, it will cost someone $24.60 in taxes. The average assessed value of residential property in Johnson County but outside Iowa City city limits is $193,782, and within the city limits is $182,215. The average assessed value of a dwelling in the County is currently $188,632.83, and so on average a County resident will pay $46.40 per year to retire the bond. To help someone understand this, they can simply multiply their home's assessed value by $24.60. Rettig said for example, if her home is assessed at $160,000, she can multiply $24.60 by 1.6 and the sum is what her cost will be per year. Rettig said the County has record -low debt and has received very favorable rates, but other local or national entities' financial problems can affect the County. Interest rates could go up and rollbacks can change dramatically. This is a snapshot in time and arguable that through November these numbers would be similar to where the County would be on attempting to retire a $46.8 million debt over twenty years. Informal Minutes: July 11, 2012/ page 7 Pulkrabek asked how they arrived at the decision on the number of years to amortize and asked if 20 years is the industry standard. Most people starting out buying a house get a 30 -year mortgage. Sullivan said it is a government standard for the most part. Rettig said it is a government standard for a new building, and any longer than that would result in a much higher interest rate. Citizen Representative Professor Emeritus John Stratton said there has been talk of rolling back commercial tax rates. Stratton asked what that would mean for these numbers if it were to happen. Rettig said it means a homeowner would pay dramatically more. The County and the cities made that argument with several of the plans in the state legislature. The commercial property tax rollback would have dramatically increased homeowners' property taxes and reduced services, so voting taxpayers would have been paying significantly more for less services. Rettig said they will know what the 2013 rollback will be right about the same time of the election, but then the legislature could change everything. Lyness summarized that provided the numbers remain static the average household will pay about $3.87 per month for the proposed justice center bond referendum. ADDITIONAL COMMENTS FROM CRIMINAL JUSTICE COORDINATING COMMITTEE MEMBERS Whiston said she would like to discuss the issue of disproportionate minority contact with police and incarcerations. She believes this is becoming more of an issue in the Iowa City community. She is a member of the Coalition for Racial Justice (Coalition) group, which has been meeting for two years and is very concerned about disproportionate minority contact. The group is about ready to issue a status report on racial disparities in Johnson County and Iowa City which includes a section on policing and law enforcement. She recommended the book The New Jim Crow: Mass Incarceration in the Age of Colorblindness by Michelle Alexander. Whiston asked committee members how the CJCC will address these issues. Among progressive thinkers, who she thinks are likely to support the new justice center, this is a very serious concern. She said the Coalition members are interested in giving a presentation at a future CJCC meeting. Sullivan said he is willing to add this presentation to a CJCC agenda. Champion and Rettig agreed they would like to hear the presentation. Sullivan said Johnson County has a Disproportionate Minority Contact committee and asked Lyness who serves on it. Lyness said someone from the County Attorney's office serves on that committee and Sullivan suggested that person may be interested in addressing the CJCC also. Logsden asked if the Iowa City Human Rights Commission has addressed this issue and Whiston said there is some overlap in committee membership. Champion said Iowa City is forming a committee to study these issues; the applications are currently under consideration. CJCC members agreed to schedule a speaker from the Coalition and from Informal Minutes: July 11, 2012/ page 8 the Disproportionate Minority Contact (DMC), maybe Johnson County DMC Coordinator LaTasha Massey. Whiston suggested the CJCC should focus on preparing cogent responses to challenges on this issue because it is a problem here in Johnson County and an urgent national problem. Sullivan asked Venture Architect Principal John Cain if he is aware of any responses to this issue from past clients. Cain said not specifically, but it is probably well documented at the national level. He is keenly aware of the problem, which is present in his hometown, and asked what is being done to guide minority adolescents with a lot of free time on their hands in the right direction. Neuzil said from now until the November election, he will focus his Listening Posts on educating the public about the facets of the proposed justice center. In July his focus will be the Courthouse. He said last month Lyness was a guest on the KXIC radio show "Your Town" to discuss Courthouse deficiencies and he invited others to submit ideas for future KXIC programming. Champion suggested the Dotty Ray Show. Neuzil said he assumes the League of Women Voters may conduct a forum on this, but they should at least communicate with a League representative to confirm the CJCC's participation. Lyness said the Courthouse has hosted several tour groups and invited others to contact her if they would like to arrange a tour. Whiston suggested scheduling a regular time a couple times per month for citizens to sign up to tour the Courthouse and Jail. Rettig asked how security would be maintained in the Jail. Pulkrabek said scheduled tours are common occurrences and regularly scheduled tours would probably be a good idea. Cain suggested displaying models of the proposed justice center. Rettig said there is a virtual tour of the Jail and asked if there is a virtual tour of the Courthouse. Lyness said no. She said Iowa City Press - Citizen newspaper reporter Lee Hermiston is scheduled to visit the Courthouse on July 12th for a tour. Pulkrabek said the virtual tour does not provide a true depiction of the physical space limitations and the structural disrepair. There is no way to photograph that the Jail has 92 beds but is responsible for 160 inmates. Neuzil asked University of Iowa (UI) Student Representative Drew Lakin for suggestions on how to educate the UI population. Lakin said the presentation from the Coalition and the DMC could be scheduled for the UI Student Senate and he added that there is support among student government leadership. Neuzil said the Iowa City Press - Citizen newspaper's Editorial Board published its support for the Justice Center bond in the Monday, July 9th edition. He said people can view more information on the Iowa City Press - Citizen webpage. COMMENTS FROM THE PUBLIC Informal Minutes: July 11, 2012/ page 9 Jail Alternatives Program Coordinator Jessica Peckover said the Johnson County System of Care Group is sponsoring technical assistance training on how to develop a continuous comprehensive integrated system of care throughout the community to address multi - occurring, complex needs of the individuals served in the community. She invited everyone to attend the training scheduled for July 25th from 9:00 — 11:00 a.m. in Conference Room 203B /C, Health and Human Services Building. SET NEXT MEETING DATE The next CJCC meeting is scheduled for August 1st at 4:30 p.m. Adjourned at 5:39 p.m. Attest: Tom Slockett, Auditor Recorded By Billy Davies M IP12 PLANNING AND ZONING COMMISSION PRELIMINARY JUNE 18, 2012 — 5:15 PM — INFORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard MEMBERS ABSENT: Caroline Dyer, John Thomas, Tim Weitzel STAFF PRESENT: Robert Miklo, Sarah Holecek OTHERS PRESENT: None RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 5:15 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. COMPREHENSIVE PLAN AND REZONING ITEM CPA12- 00002 /REZ12- 00010/VAC12- 00004: An application submitted by Christian Retirement Services, Inc. for a Comprehensive Plan Amendment and a rezoning from Medium Density Single Family (RS -8) zone to Overlay Planned Development Medium Density Multi - Family (OPD- RM -20) zone for approximately 2.7 acres of property located at Benton & George Streets and an application for a vacation of the public right -of -way of Spring Street. Eastham declared that he had a conflict with this item because he is a member of a board that owns one of the properties within the proposed rezoning area. Miklo explained that there are three items that the Commission must consider in order for this project to go forward. He said the first one pertains to the Comprehensive Plan, which currently shows this property as appropriate for medium to low density single family and duplex housing. He said the area to the east is appropriate for medium to high density multifamily housing. He said the proposal would expand the medium to high density multifamily to the west all the way to Streb Street on the north side of Benton Street to include the properties in the subject area. He said the second aspect of the application is the rezoning of those properties to Medium Density Multifamily (RM -12) and to simultaneously approve a planned development overlay, which is a specific plan that lays out how the properties would be developed. He explained that Spring Street, a city street, would be vacated and sold to Oaknoll to be included within the Planning and Zoning Commission June 18, 2012 - Informal Page 2 of 7 property, and it would be used for the density calculations as well as to provide storm water management and access to the parking facilities under the building and to the two duplexes that are proposed on Streb Street. Miklo showed the Commission some photos that illustrate the area. He said Oaknoll is a large, institutional -type residential development so there is precedence for this density and character of development in the neighborhood. He pointed out the different zones in the area. He pointed out two single family homes owned by Oaknoll that would be included within the development and would be rented as single family homes to residents of Oaknoll. Martin asked if at some point those properties could be torn down and redeveloped. Miklo replied that could not happen without seeking approval from the City since they are part of the Planned Development. Miklo showed the Commission a site plan that would include a multifamily building that would also have a number of other amenities for the residents, like a cafeteria, meeting and recreational rooms, and an exterior courtyard. He said the proposal includes a skywalk connecting to Oaknoll's existing multifamily buildings. He said there are two duplexes proposed on Streb Street that would provide a nice transition to the single family duplexes on the west side of Streb Street. He pointed out one existing duplex that would be removed and made into an emergency vehicle turn - Around. He indicated that there would be some sort of blockage provided so that traffic from Oaknoll would not go onto the lower density street. He explained how the five story building will be designed and showed various views of the proposed building, pictures of the two houses that they Oaknoll owns, and photos of houses that will be removed, and houses in the neighborhood. Miklo explained that in the Southwest District Plan there had been concern about traffic from the multifamily areas having to go through single - family areas to get to Benton Street. He said in this case there would be direct access to the multifamily area via Spring Street. He pointed out an area he said the City's traffic planners felt was an appropriate location for a curb cut that would provide access to the duplexes and approximately 140 parking spaces within the building itself. He said the engineers felt that Spring Street would be capable of handling the traffic generated from this plan. He said the Comprehensive Plan does talk about the need for producing housing for the elderly, and the recent census shows that is the fastest growing segment of the population by far. He said staff feels that the Comprehensive Plan supports proposals for specialized housing for the older population. He reminded the Commission to also keep in mind the concern about creating buildings that are compatible with a lower density neighborhood. He said the Commission wouldn't be approving just RM -20 zoning but rather a specific plan that would have to be built. He said any significant design changes from what is before the Commission at this meeting would have to come back to the Planning and Zoning Commission and City Council. He said staff feels that there are elements in this plan that allow it to fit into the neighborhood, like the interior parking, the step back from Benton Street, the use of building materials, balconies and the courtyard to break up the mass of the building. Miklo said because of the attempts to make this large building fit into the neighborhood and because it provides a form of housing that's badly needed, staff recommends approval the Comprehensive Plan amendment and Planned Development zoning. Miklo said the staff reports outlines why staff feels the request for vacation of the street is a reasonable one. He said the applicant will have to show that storm water is being managed and Planning and Zoning Commission June 18, 2012 - Informal Page 3 of 7 will not create problems offsite, which is an issue that needs to be resolved before approval of the item. He said another issue yet to be resolved in sanitary sewer, and there still needs to be a study to show that there is capacity with this increased development. He said staff recommends approval of the item based on the satisfactory resolution of the storm water and sanitary sewer issues. Freerks asked if these issues could be resolved by Thursday night when the Commission has its formal meeting. Miklo said they will need to get some feedback from the City Engineer before Thursday. Martin asked about a seeming contradiction regarding traffic. Miklo explained that the applicant has agreed to dedicate additional right -of -way on the south side of Benton Street to bring it up to standards. He said there are two other properties to the west where right -of -way would need to be obtained to do sidewalk or lane improvements and would allow widening of Benton Street in the distant future. Swygard asked if there was information about the traffic on George Street and how access to the building would affect that. Miklo said he would have to talk to Transportation Planners about traffic counts and numbers. He said there would be a drop -off point on George Street with possibly some very short-term parking. Martin asked if this development would affect property taxes generated in this area. Miklo said he believes this would generally increase property taxes. Freerks explained that the taxes would not be what the Commission could base a decision on. Martin asked about the open space fee. Miklo said staff recommended paying a fee in lieu of open space because there isn't a good spot on this property for an appropriate city park, and there are already two parks in the vicinity. Martin asked if the proposed duplexes would be single story. Miklo said they would be and directed her to a picture in the packet. Martin asked who would be responsible if any of the neighbors did end up with storm water problems because of this development. Holecek explained that typically if by increasing intensity or use you put water onto a neighboring property there is redress for doing that between the parties involved. Planning and Zoning Commission June 18, 2012 - Informal Page 4 of 7 REZONING ITEMS. REZ12- 00011: Discussion of an application an application submitted by Southgate Development Services for a rezoning from Interim Development Office Research Park (ID- ORP) zone to Low Density Multifamily (RM12) zone for approximately 27.68 acres of property located at Camp Cardinal Boulevard south of Preston Lane. Miklo said this area is not within one of the adopted district plans, but is in the Northwest District, and the Comprehensive Plan contains only general guidelines about this district. He said the Comprehensive Plan map shows this area being appropriate for Office Research Park (ORP) and Low Density Single Family Residential (RS -5). He noted that in addition there is a memorandum of understanding that the City has with the developer and the City of Coralville that indicates some light commercial or office use in this area. He said the applicant is requesting a change in zoning because he's concerned that there wouldn't be a market for commercial in this area and is proposing a multifamily residential zoning. Miklo said that staff has some concerns with this rezoning because there is quite a bit of woodland and some possible protected slopes that would make it difficult to develop. He said the proposed Low Density Multifamily (RM -12) zoning allows about 15 housing units per acres so theoretically there could be 400 housing units on this site. He said staff feels that number is not realistic given the topography and thinks there should be a concept plan showing what is and is not appropriate for development. He said staff would like to see at least a sensitive areas study outlining the areas that are not likely to be developed. Miklo said the staff would like to look at whether the proposed road connecting Camp Cardinal Road with Camp Cardinal Boulevard is possible. He told the Commission that now would be the appropriate time to determine whether or not to have an east -west street across this property. He showed the Commission photos of the property and the existing curb cut on Camp Cardinal Boulevard, which is currently the only access to the property. He said it's quite steep from the curb cut to where development is likely to occur, which would necessitate a lot of grading. He showed the Commission a number of aerial views of the property and said staff feels there is some merit to considering the proposal for multifamily zoning in this area but they want to see a concept plan or the rezoning tied to a concept plan or planned development. Eastham asked what the master plan itself has to do with this rezoning request. Miklo said that since there isn't an adopted detailed district plan the master plan should be looked at for some guidance for what the current expectations are for the development of this property. Eastham said the area zoned for Office Research Park (ORP) seems to be quite extensive for all of it to be developed for that use. Miklo said the Comprehensive Plan talks about that issue and whether this is a realistic amount of land to devote to Office Research Park. He said in the past thirty years there has been a very low demand in Iowa City for Office Research Park, and the Commission might want to look at alternative land uses. Eastham asked if the staff objected to having another curb cut onto Camp Cardinal Road from Camp Cardinal Boulevard. Miklo said the staff is open to looking at alternatives to where access would occur. Planning and Zoning Commission June 18, 2012 - Informal Page 5 of 7 Martin asked why the site was zoned for commercial if there are protected areas in the site. Miklo said the whole area was zoned for potential Research Development Park (RDP) in the 1980s when there was no development in this part of the city, nor was there a sensitive areas ordinance. Martin asked if it was true that whatever development occurs on the site, staff wants to see it attached to a concept plan and a sensitive areas study done for rezoning to take place. Miklo affirmed this. He described the three levels of slopes regulated by the sensitive areas ordinances. He said having sensitive areas analysis would give them a good idea of what percentage of the property is able to be developed. Eastham asked if there is anything in the planning for building Camp Cardinal Boulevard that the Commission needs to take into account for this rezoning application. Miklo said that previously the only access to this area was Camp Cardinal Road, which made for inadequate access. He said now that there is much better access, it's time to consider changing the current designation of Interim Development (ID) to a developable zoning designation. He said the current Comprehensive Plan and the Memorandum of Agreement would indicate some sort of office research park and light commercial. He reiterated that staff thinks that is a reasonable request to consider multi - family here, but given the sensitive areas and questions about roadway design that they want to see a concept plan on how to manifest the change. REZ12- 00012: Discussion of an application submitted by Southgate Development Services for a rezoning from Interim Development Multifamily (ID -RM) zone to Low Density Multifamily (RM12) zone for approximately 13.90 -acres of property located at South Gilbert Street and McCollister Boulevard. Miklo said there's a lot of public open space in this area of town, with three public parks and the recently built McCollister Bridge crossing the Iowa River. He said it is currently zoned Interim Development because the infrastructure for development was not there at the time of its zoning designation. He said with the improvement of Gilbert Street and Sand Hill Road, there now is good public access to this area, which would indicate that it is appropriate to consider rezoning. He said the South District Plan shows some multifamily and talks about single family or duplex housing in the area as well. He said the district plan talks about the general policy of not creating large apartment complexes, and he said staff feels that clearly applies to this area. He said staff feels that RM -12 is an appropriate designation for the property but they would like to see a concept plan to show how development of the property would also meet the general policies of fitting multifamily into a neighborhood. He said the best option would be smaller apartments on Gilbert Street and townhouses, duplexes or small single - family lots on the eastern part of the property. He said that theoretically 195 units could fit on this property if it is zoned RM -12, but staff doesn't feel that is realistic because of its odd shape and trail and storm water easements that would make part of the land undevelopable. Miklo said that staff would like to see a concept plan so there's a realistic expectation of what can be developed here and to provide some sort of transition to the neighbors. He showed the Commission a number of photos and views of the area and the property. He said there are several ways the rezoning could be handled by the Commission. He said there could be a Planned Development but the property owner will not necessarily be the developer, so they will probably not want to incur the expense coming up Planning and Zoning Commission June 18, 2012 - Informal Page 6 of 7 with a specific Planned Development. He said another option would be Conditional Zoning Agreement that would tie this to some sort of site plan approval by the Commission or City Council. He said another option would be to require a Future Planned Development. He said that part of the Conditional Zoning Agreement would be that staff would work with the applicant to come up with either a concept plan or some criteria that would be part of the Conditional Zoning Agreement. Eastham asked if there was going to be access on the north side of the property. Miklo said ideally it would have access on McCollister Boulevard, and staff's preference is not to put the access on Gilbert Street. Eastham asked if there were sewer or infrastructure issues on this application. Miklo stated that he believed there were none. AMENDMENT ITEM Discussion of an amendment to Title 14, Zoning Code, to exempt blocks with three or fewer home lots from front setback averaging. Miklo said the Zoning Code states that if someone building a new house wants to set -back closer to the street than the standard setback they can take advantage of set -back averaging. He explained that if not more than fifty percent of the houses on a frontage, meaning a block or from one intersection to the next, are set back further from the street than the standard zoning ordinance of fifteen feet, new construction has to set further back. He explained that any new construction not set as far back as the existing houses in an established neighborhood such as on Summit Street, where the houses are set back in some cases 30 or more feet, would interrupt the rhythm and character of the street, and that is why they have set -back averaging. He said that it came to staff's attention that in a situation where there are only two lots per block set -back averaging still applies, and they feel that it may not be necessary to apply it in these situations. Miklo gave the Commission some examples of such cases. Miklo said there is a separate requirement within the historic and conservation districts and the historic guidelines would supersede the Zoning Code. ADJOURNMENT: Eastham moved to adjourn. Martin seconded. The meeting was adjourned on a 4 -0 vote. Z O U) p NO 0 V w ZV V- O Q N Np 06 Z W Z_ ~ H Za CL (3 Z 1= W W J OC O LL O Z H W W O LL Z -OXX I XX00 Q�XXx i xxxx co ti �Xxx Xx -- i Xxxx e -xx 1 xxxx ti X X- x X i x X X N MXXX0 i Xxx N oXXXX I Xxx M COCOMNI�Lo Lo M 1D Zxxxx L L xxx ' L N ��nLn�Ln N —OXXXX ! XXX N W x x X X i x x X r - Q Z 2 W< Z 0"am =a° a %(p(OMNI���M w�= V= W Z a < L j waU.)LO F.X00oo0000 0YC nLnaLnLO N w W t% LU CL oc a>- aRoa� a =W ZGWL.LY2V�F �H V �NWZ�NW =Ix � aaN LU CL 0~ W N W d = ZU.x21U)P3 �ILUIw O Z H W W O LL Z E E 7 7 O O v0 v0 (D O a) O X C X C } c N ++ c N c�NE NE o�iN .0 O cnN .0 O aaz 11 aQaz Q 11 11 u n w n u w Xo'oz Xooz w w Y Y -OXX I XX00 C)xxx;xxxx co Xx -- 1 XXxx Mxxx0ixxx ti x x x x x x x N M ;xxxx i xxx N �V= COCOMNI�Lo Lo M L L ' ' L I-X00000000 ��nLn�Ln W W - Q Z 2 W< Z 0"am =a° a V= W Z a < L j LU 0YC N � W t% LU CL oc a>- aRoa� =W ZGWL.LY2V�F —� E E 7 7 O O v0 v0 (D O a) O X C X C } c N ++ c N c�NE NE o�iN .0 O cnN .0 O aaz 11 aQaz Q 11 11 u n w n u w Xo'oz Xooz w w Y Y IP13 PLANNING AND ZONING COMMISSION PRELIMINARY JUNE 21, 2012 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Caroline Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard, John Thomas, MEMBERS ABSENT: Tim Weitzel STAFF PRESENT: Robert Miklo, Sarah Holecek OTHERS PRESENT: Mark Seabold, Steve Roe, Tim Starna, Ellen Sweet, Dave Clark, Kevin Lehman, Glenn Siders, Dell Richard, Robert Wilson, Linda Campion, Sam Ojeda, Lola Palmer, Tim Orion, Josh Chapman, Tim Kasper, Michael Chan, Brian Herren, Bob Domsic, Alex Hachfoon, Richard Arthur, Stephanie Chapman, Tom Carroll RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 4 -1 ( Swygard opposed, Eastham recused) to recommend approval of an application submitted by Christian Retirement Services, Inc. for CPA12- 00002, a Comprehensive Plan Amendment to change the land -use designation from single - family /duplex residential to medium -to- high - density multi - family. The Commission voted 4 -1 ( Swygard opposed, Eastham recused) to recommend approval of REZ12 -00010. a rezoning of approximately 2.7 acres from Medium Density Single Family (RS -8) zone to Overlay Planned Development Medium Density Multi - Family (OPD- RM -20) zone to allow the construction of 69 apartments and two duplexes for elder residents as shown on the Planned Development Overlay Plan with the condition that the applicant submit a landscaping plan to the City's Planning and Community Development Department for their review and approval to ensure that the northwest corner is screened from the other buildings to the north. The Commission voted 4 -1 ( Swygard opposed, Eastham recused) to recommend approval of VAC12- 00004, a vacation of Spring Street subject to the retention of an access, sanitary sewer and storm water easements. The Commission voted 6 -0 to recommend approval of the recommended adjustments to the front setback averaging provisions in the Zoning Code as contained in the staff memo of June 16th, 2012. CALL TO ORDER: The meeting was called to order at 7:00 PM. Planning and Zoning Commission June 21, 2012 - Formal Page 2 of 20 PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. COMPREHENSIVE PLAN AND REZONING ITEM CPA12- 00002 /REZ12- 00010/VAC12- 00004: An application submitted by Christian Retirement Services, Inc. for a Comprehensive Plan Amendment and a rezoning from Medium Density Single Family (RS -8) zone to Overlay Planned Development Medium Density Multi - Family (OPD- RM -20) zone for approximately 2.7 acres of property located at Benton & George Streets and an application for a vacation of the public right -of -way of Spring Street. Eastham stated that he is a member of a board of an organization that owns one of the properties within the requested rezoning area and will not be participating. Miklo said the subject area is currently zoned Medium Density Single Family (RS -8) and developed with single family and duplex homes. He explained how the proposal before the Commission has three components: to change the current Comprehensive Plan Land Use designation showing this area as appropriate for single - family /duplex to show it as appropriate for medium -to- high- density multi - family; the second part of the application would rezone the properties from Medium Density Single Family to Medium Density Multifamily; and that would include a Planned Development Overlay which has a specific development plan for the property and through that plan there are three waivers of underlying zoning requirements that are requested to be modified as part of the plan; the final aspect would be the vacation of Spring Street as a public street that would be sold to Oaknoll and become part of the complex and would be used as a private drive to provide access to two duplexes and a parking garage for the complex. Miklo displayed photographs showing the property in relationship to the current Oaknoll development and the surrounding neighborhoods, including the structures that would be removed as part of the proposed development and the two single family homes and duplex that would remain intact and be part of the proposed development. He showed a site plan indicating the footprint of the proposed building and parking structure as well as the existing Oaknoll development. Miklo said there is quite a bit of discussion in the Southwest District plan about this specific neighborhood and some of the concerns about previous high density residential development in the area, including access through the neighborhoods to the developments and developments providing good transitions to lower density residential. He said the Comprehensive Plan and the Southwest District Plan also recognize the need for providing group living options for senior residents. He said that the most recent census data shows seniors as the fastest growing portion of the population. Miklo said the Zoning Code was amended to provide a density bonus for elder housing to encourage its production. He said City Engineers have received confirmation that there is sufficient sanitary sewer capacity to handle the increase in density and that storm water would have to be stored on this property in an underground storm sewer system. He explained that the engineering for that system would have to occur at the site plan stage. Miklo said in terms of zoning, the proposed underlying zoning would be multi - family (RM -20) but the applicant is asking for some changes to those requirements. He said one change would allow a taller building than the thirty -five feet normally permitted in most residential zones. He said the proposed building would be up to fifty -two feet in some locations to allow for 145 Planning and Zoning Commission June 21, 2012 - Formal Page 3 of 20 spaces on two levels of underbuilding parking. He said the zoning requirement for the units proposed would be about 70 parking spaces, so by providing more space than required may cut down on the complaints received by the City about parking in the Oaknoll area and spill -over parking into the neighborhoods. Miklo said the applicant would present the design features of the proposed building that are intended to help this large structure fit into the neighborhood. Miklo said they are also seeking a tree coverage variation from the one tree for every 550 square feet of roof coverage for a residential development and are requesting relief for the courtyard area. He said the applicant will provide trees elsewhere to meet that requirement if the courtyard is not considered rooftop. Miklo said the applicant is also requesting that the maximum width of eighteen feet be waived for two garage doors within the development. He said they want to increase their width to twenty feet, and since they would be located in the interior of the development, staff feels this is a reasonable variation from the standards. Miklo said the final decision for the Commission would be the vacation for Spring Street. He said that other than for one property which has alternative access from Streb Street, the only other properties served on a regular basis by Spring Street are those owned by Oaknoll that would be part of the redevelopment. He said easements would be obtained for any public utilities in that area. He concluded that staff is recommending approval of the item as outlined above. Freerks opened public hearing. Mark Seabold of Shive - Hattery spoke on behalf of Oaknoll. He said the project would expand their senior living residences, which is a housing type that is in great demand, and would contain varied apartment types. He said they have been working with the City staff for some time to see that the needs of Oaknoll will work with the needs of the neighborhood. He said they have also worked with existing Oaknoll residents as well as those on the waiting list in order to get input about the types of apartments and amenities they would like to see. He noted that they had held a good neighbor meeting last month that five people attended. He said the subjects discussed included the need for storm water management. He said there was concern about any increase in noise from HVAC equipment or from condensing units on the roof, but that Oaknoll plans on using a geothermal system, which doesn't contain any large or loud equipment. He said they spoke about privacy and how they have made a buffer zone and also stepped back the building on the north and south faces where there are neighbors. He said they are trying to incorporate as much visitor and staff parking as possible under the building to make less of an impact on the area. He said the intent for Spring Street is that it will just be improved. Seabold gave a visual presentation outlining the various aspects of the proposed development. He said there would be a lot of functions in the new building and showed pictures of the skywalk connecting it to the existing George Street facility. He said the 2.7 acre site would be utilized by maintaining the existing residences on Oakcrest Street, providing two new duplexes to buffer the existing neighborhood on Streb Street and provide 69 new apartments along with all the amenities in the new building. Seabold explained the floor plans and how with the large change of grade between Spring Street and George Street a whole level of underground parking can be accomplished. He said there is also a secondary entryway off Spring Street and a loading dock for smaller delivery trucks. He explained that the larger trucks will still use the main entry. He showed where a fire truck lane is proposed and explained that the only traffic that would continue down Streb Street would be a fire truck. He said a ramp will lead to another level of parking with an additional 60 parking spaces and then there are residential units overlooking Spring Street to the west. Seabold showed plans of the George Street level where there is a covered drop -off area and a Planning and Zoning Commission June 21, 2012 - Formal Page 4 of 20 lot intended for overflow visitor parking with only pick -up and drop -off traffic. He showed the main entryway on George Street with a dining venue overlooking a courtyard space and apartments wrapping around the courtyard. He said the second floor would be apartments with small meeting rooms. He said on the third floor up from George Street there would be the skywalk connection out from a large community space. He explained that the space will have higher windows so they aren't looking out over the neighborhood and all the views will be directed into the courtyard space. He explained where the step backs will be used on the west wing to reduce the scale of the building on Benton Street and on the east side as well. Seabold showed some rendered elevations that depicted the elements of the proposed development. He described how relief would be provided from the heavily landscaped courtyard area using paths, a stream and variation in plant heights, among other things. Steve Roe, the Administrator and Chief Financial Officer of Oaknoll, said they are a nonprofit organization that has served Iowa City since 1966. He said they currently serve about 280 residents. He said during their 46 -year history there have been a number of expansions, the most recent being the George Street addition that added 51 independent living apartments and amenities for all the residents. He said the rezoning request for the new addition is being driven by the waiting list of 162 individuals and couples, some of whom would like to be Oaknoll residents now. He said he thought the proposed building was designed well to fit into the neighborhood and will add some amenities that the Oaknoll community truly needs, the biggest of which is a large, open community space. He said the 73 units planned for the Spring Street addition will be the largest of their additions and will complete their campus. He said they have no plans to build more on this site. Tim Starna of 708 Steb Street asked what is meant by vacation of the right of way on Spring Street and wanted to ensure that his tenants would have access to their parking. Miklo explained that if Spring Street is vacated the City will retain a public access easement over the street which would allow motorists to travel on the street as they do today. He said that Oaknoll would own the street and be responsible for its maintenance. Starna asked where his property's trash pick up would be and who would be responsible for snow removal. Miklo said the City would probably pick up trash from the front of the property and Oaknoll would be responsible for snow removal. Starna noted that bringing the trash to the front makes the property less desirable for tenants in part because there's a steep hill there. Holecek said the trash receptacle would have to be kept along the side of the building and brought around to the front and she does understand his concern. Ellen Sweet of 1219 Oakcrest Street said her backyard exits on Spring Street and she is opposed to the City vacating Spring Street. She said she doesn't think it will be the same when it becomes a private drive. Freerks asked her if she had specific concerns. Sweet asked what would happen if there were any disputes. Holecek explained that the street will be upgraded and the City will retain a public access Planning and Zoning Commission June 21, 2012 - Formal Page 5 of 20 easement which allows the public to use it and public vehicles to access it. Sweet said she walks her dogs on Spring Street because there is too much heavy traffic from the buses on Oakcrest Street. Freerks said Spring Street would still have public access so she would still be able to walk her dogs there. Sweet asked what would happen about dogs going to the bathroom. Holecek replied that you would pick up after your dog. Freerks asked if Sweet could be more specific about her concerns. Sweet said one reason she doesn't walk her dogs on Oakcrest is because Oaknoll residents tends to have small dogs that bark at you as you pass by. She said one of her dogs doesn't tolerate that well and wants to go after the small, yappy dogs. She said she's concerned about what impression the Oaknoll residents will have once Oaknoll owns the street. Holecek said it will be very clear and recorded that the public still has access to the street. Sweet replied that some of the residents currently don't think that people should do as they please on Oakcrest. Freerks said the Commission can listen to Sweet's concerns but she's not sure they can do anything about them. Sweet said she has had an Oaknoll resident who told her she couldn't wait until Oaknoll bought all the houses in the area so the students and other people would be gone. She said various Oaknoll residents have made comments to her about the way she walks her dogs. She said the residents tend to be prominent people in the community and they think they know more than anyone else and should be in a supervisory position to other neighbors. Freerks said she would like to focus on the issue Sweet has with the street. Sweet said she has the right to be on Spring Street because it's a public street and she doesn't know how that right will continue once the street is owned by someone else. She asked what would happen if there was some dispute about something that happened on the street. Sweet asked who would enforce that right to use the private street. Holecek said she needed to know more about the kind of dispute she's referring to. Sweet referred to a recent incident where she was walking her dogs on Spring Street and a woman, not an Oaknoll resident, told her boyfriend to call the police. Sweet said she was reported to animal control because they don't like her using the street the way she has a legal right to use that street. She asked who she would appeal to once the street becomes private. Freerks and Holecek assured her that she would still be able to use the street, and in most respects, people would not even be aware that it was a private street. Sweet asked who she can talk to about the issue of where her dogs can relieve themselves and her concerns about disputes that may arise once the street is private. Planning and Zoning Commission June 21, 2012 - Formal Page 6 of 20 Freerks told Sweet to talk to Holecek. Dave Clark of 1130 Oakcrest Street asked how they were going to deal with taking the parking off Oakcrest Street from University Heights border to Benton Street. Miklo said that is not being considered as part of this rezoning. Clark said this was going to exacerbate an already bad situation. Freerks said that before Clark arrived at tonight's meeting, Seabold had explained how they are going to more than double the amount of parking that's required for this number of units, so this should help the parking situation with Oaknoll's employees. Clark asked how many parking spaces there would be for the employees. Roe said they are planning for one and one -half cars per apartment so about 105 of the spaces are dedicated to resident parking with the remaining forty to be used by staff and visitors. He pointed out that many people heading to University Hospitals use George Street for its free parking. Kevin Lehman of 2060 Lynncrest in Coralville said he owns 703 Streb Street and 1242 Sunset. He said currently on Streb Street the eastside is open parking and the west side is no parking. He asked if there are plans to change that. Miklo said there are no plans to change the current situation but the Transportation Planners could look at changing it to the other side of the street. Seabold said because they plan on removing properties and moving the driveways to the back, they will be removing some of the driveways along the east side of Streb Street which will open up more room for parking. Starna said he thought the Commission had possibly not taken seriously his concern about the garbage pick -up at 708 Streb Street as particularly in the wintertime there is a hill the tenants would have to go up carrying a heavy can and will make it much more difficult to bring the trash out. He said if there are easements for emergency vehicles, why is it that the garbage pick up is no longer the same. Miklo said he thought Public Works would be reluctant to send a truck given that it would be only one house but that they can see what they would be willing to do. Freerks suggested that Starna contact Miklo to see what could be done but said the Commission can make no guarantees and would probably not tie anything to this issue. Freerks closed public hearing. Freerks asked for a motion. Dyer moved to approve CPA12 -00002 an application submitted by Christian Retirement Services, Inc. for a Comprehensive Plan Amendment. Thomas seconded. Planning and Zoning Commission June 21, 2012 - Formal Page 7 of 20 Freerks invited discussion. Thomas said there has been a considerable amount of effort in this application to address the issues associated with the change in the Comprehensive Plan. He said he does have some concerns about the north side of the development as it faces the rear yards of the properties on Oakcrest Street. He said it's where you see the exposed basement levels at the northwest corner of the building that are a concern for him because that's where some of the site conditions converge to expose the full height of the building to the adjacent properties. He said he would like to see what else can be done on the applicant's property to help screen that side of the building from the adjacent properties. Miklo said there is a later version of the plan that does show louvers or windows that continue the pattern above to break up that blank wall. Thomas said that would help, but the height of the building in that location is still a factor. He said he would like to see more screening in that area. Miklo explained that this issue can't be tied to the Comprehensive Plan item but could be brought up again with the rezoning for the Planned Development, the next item. Swygard said she had spent a good deal of time reviewing the Comprehensive Plan, and it states that the amount of land zoned high density multifamily is excessive for this location. She said she has concerns about the size of this building, especially the view traveling from west to east. She said even though it ties in with the Oaknoll development to the east and attempts have been made to buffer it with the duplex, it is yet another large family development for this area. She said she has tried to weigh the social value of the development against the Southwest District Plan that's in place that was•worked on by the neighbors, and she hasn't come up with a good answer yet. Freerks said Oaknoll does meet a great need and will complete their campus and is probably a good use of this area in the community, and thinks it will be an excellent addition to the community. She said she thinks in this case, the Comprehensive Plan change is a positive one. Dyer said she shares the concern about the blank wall in the parking structure. Freerks reminded Dyer that can be addressed in the next item. A vote was taken and the motion carried 4 -1 with Swygard voting no, Eastham recused. Thomas moved to approve REZ12- 00010. a rezoning of approximately 2.7 acres from Medium Density Single Family (RS -8) zone to Overlay Planned Development Medium Density Multi - Family (OPD- RM -20) zone to allow the construction of 69 apartments and two duplexes for elder residents as shown on the Planned Development Overlay Plan. Martin seconded. Freerks invited discussion. Dyer said she shared Thomas's concerns about the large, blank wall of the parking structure and that there is no step -back on the north side of the building. Planning and Zoning Commission June 21, 2012 - Formal Page 8 of 20 Thomas said he thinks the problem is compounded by the fact that the building is taller in some spots than what is normally allowed under RM -20. He said at this late stage in the design process, the only option the Commission really has without modifying the building is to modify the landscape tree limit. Miklo explained if the Commission wants to actually see some modifications, they will have to defer this item to their next meeting so a revised plan could be presented. He said if they are comfortable voting on it but putting some landscaping conditions on it, they could do that as well. Freerks said she doesn't feel it is the Commission's job to designate the placement of each tree but rather to identify the issue they see and ask that it move forward. Holcek said the Commission could add a condition that a landscaping plan be approved by the Director of Planning and Community Development. Thomas moved to amend the motion that the applicant submit a landscaping plan to the City's Planning and Community Development Department for their review and approval to ensure that the northwest corner is screened from the other buildings to the north. Dyer seconded. The motion to amend carried 5 -0. Freerks said she thinks this will be a wonderful addition to the community as a whole and that it's a wonderful structure. She said the height is pushing the limits, but it's done quite well in many ways and there will be plenty of people who will want to live there. She said she likes the way the applicant is putting together the garden and dealing with storm water. Swygard said she thinks the structure is just too large. She said she's not in favor of allowing the height to be increased. A vote was taken and the motion carried 4 -1 with Swygard voting no, Eastham recused. Thomas moved to approve VAC12- 00004, an application for the vacation of Spring Street subject to the retention of an access, sanitary sewer and storm water easements. Martin seconded. Freerks said the vacation of this street makes sense to her. She said it will be maintained by Oaknoll yet the public will still be able to use it. Thomas said the only problem he sees with this is the trash issue, and he hopes that a resolution can be found in the discussion with Public Works. A vote was taken and the motion carried 4 -1 with Swygard voting no, Eastham recused. Freerks called a short recess. Planning and Zoning Commission June 21, 2012 - Formal Page 9 of 20 Freerks called the meeting to order. REZONING ITEM REZ12- 00011: Discussion of an application an application submitted by Southgate Development Services for a rezoning from Interim Development Office Research Park (ID -ORP) zone to Low Density Multifamily (RM12) zone for approximately 27.68 acres of property located at Camp Cardinal Boulevard south of Preston Lane. Miklo showed the subject property on a location map and an aerial photo that demonstrated the fair amount of woodlands on the property. He pointed out on a topography map where there is quite a bit of topographic relief on the property, the northern half and southeast corner. He showed pictures that illustrate how much higher the property is than Camp Cardinal Boulevard. He said the area is covered in the Clear Creek Master Plan, which was contained in a memorandum of agreement between the City of Iowa City, the City of Coralville and Southgate Development. He said the main purpose of that agreement was to provide for the construction of Camp Cardinal Boulevard. The memorandum also shows the commercial on the subject property and some other areas along the boulevard and then residential. Miklo said the Comprehensive Plan for this area is the General Comprehensive Plan and it shows, as does the Clear Creek Master Plan, the possibility of commercial of office research development. He said because the area is currently zoned for office research, changing this to residential as proposed by the applicant would require a Comprehensive Plan Amendment. He said the current zoning is Interim Development Office Research Park (ID -ORP) because in the past there wasn't the infrastructure in place to allow the general development of this area, but with the construction of Camp Cardinal Boulevard there is now access to utilities, so it would be appropriate to change the designation to either Office Research Park (ORP) or some sort of commercial zoning or a multifamily designation. He said staff feels there may be merit to putting some part of the area into multifamily development but believes there should be some sort of concept on how it would be developed due to the sensitive areas it contains and the grade and how the extension of Camp Cardinal Road running east to west would be facilitated. He said the proposed zoning would allow up to over 400 multi - family units, which the staff thinks is unrealistic given the topography. He said the staff is recommending that this item be deferred to allow the applicant to develop a concept plan or a Planned Development Overlay zoning, which addresses what is a realistic density on this property, recognize the environmentally sensitive features, and provide a plan for an east -west roadway connecting Camp Cardinal Road to Camp Cardinal Boulevard. Eastham asked if the Clear Creek Master Plan is part of the Comprehensive Plan for the City. Holecek said it is not part of it but could be used as a guideline. Eastham asked Miklo just how Camp Cardinal Road could be improved, because part of the road is not contained in this application. Miklo said they anticipate that any development that relied on Camp Cardinal Road would have to build it in order for their development to occur. He explained without a concept plan, they don't know how it will develop, but staff does feel that it should have access from both directions. Eastham asked if in the past the City has required a developer to develop a road as access even though the road isn't part of their property. Planning and Zoning Commission June 21, 2012 - Formal Page 10 of 20 Miklo said there are provisions in the City's subdivision regulations that require off -site improvements if they are necessary to serve the development. Freerks opened public hearing. Glenn Siders of Southgate Development Services representing the applicant said that a large portion of their property is zoned Interim Development (ID) which makes it hard to market that property or know how to develop it, and their goal is to get the zoning designated as something other than that. He said staff is correct in that it needs to be determined as guided by the Comprehensive Plan what this site is most suitable for. He said what they want to do is determine the appropriate zone so they can proceed with any type of permanent zoning or development of this property. He said the entire area is difficult to develop because of the terrain, which is what prompted Southgate to develop the Memorandum of Understanding, which also included the County and the school systems. He said Southgate paid seventy - percent of the improvements for Camp Cardinal Boulevard, while the City of Iowa City and the City of Coralville each paid approximately fifteen percent. He said he wants to go through the Memorandum so everyone is on the same page. He said it is a public document that was approved by both participating municipalities, went through both Planning and Zoning Commissions and both Councils but there was never any sort of ordinance adopting this. He said it was an outline of how they thought the area would develop. He said it was reviewed by both municipalities in 2002. Siders said if you take twelve units per acre on the twenty -seven acres, then the staff report's projection of the potential density of 400 units is correct. He said that is not how they are marketing it. He referred to the Memorandum, which states an average overall density of eight per acre clustered, so in certain areas you could have as high as twenty units per acre to allow the cluster. He said there is about forty -five percent open space over this entire development because of the wooded areas and the slopes, so you need to cluster. Siders said if you use the eight unit average, you would be down to 221 units, but he is not optimistic that you can develop that many units on this site. Siders said in 2005 they went more in -depth with what he called a concept plan. He showed a picture to the Commission, which he said showed the site more as commercial or office use rather than a research use. He said they had the designers of their concept plan look at the developable area, and they found just short of 13.5 acres of this twenty -seven acre parcel, about half of the entire site, to be land where you can put a building. He said the rest would be slopes or trees or both. He said they are opposed to producing a concept plan. He said they have a property now already tied into a concept plan. He said it's harder to sell lots with concept plans than it is to sell an unzoned lot. He said they aren't opposed to figuring out parameters of how this gets developed perhaps by getting the bonus rate for the twenty -seven acres but you only rezone thirteen acres. He said maybe another option would be some kind of conditional zoning agreement that allows them to work with the staff about how this can be achieved or developed. Siders said that a having a drawing is not a good deal as far as marketing this site because then they are tied into one specific design that the buyer may not like. Siders said if they could identify the areas where structures could be built it would relieve their concerns. Siders said they have some concerns about Camp Cardinal Road. He clarified that the Memorandum talks about Camp Cardinal Road when it really means Camp Cardinal Boulevard. He said the development of Camp Cardinal Road is going to be a challenge because of the right —of -ways and the topographical challenge of connecting any properties to that road. He referred to Exhibit B and that staff report alludes to a road connection that doesn't exist. He explained Planning and Zoning Commission June 21, 2012 - Formal Page 11 of 20 that what Attachment B did was try to identify the primary roads, Camp Cardinal Road, Kennedy Parkway, the east -west connection to 965, and possibly another north -south connection. He explained that there are several red lines on the attachment that aren't roads. He said they are assuming that the proposed development would be serviced entirely off Camp Cardinal Boulevard, which will be a challenge due to the approximately twenty -five foot elevation the boulevard and the flat spot on the hill. Siders said the 2005 concept is a tool that the City has used when the Cardinal Point South Subdivision was approved. He said he is assuming that no action will be taken on this tonight, but he doesn't want this to go dormant. He said he wants some direction from either Planning and Zoning Commission about what the appropriate use is and at least get the Comprehensive Plan amended to that use and then figure out how to rezone these 27 acres. He said he thinks the Comprehensive Plan is the key and they figure out if it's a residential use where they go from there and how to accomplish that use. Eastham asked what Sider's preference is. Siders said his number one goal is to establish what the appropriate use for this is so they can market it or develop it or both. He said they think some type of residential use is the appropriate use, not commercial and particularly not Office Research Park. He said they don't think single family use is appropriate because of all the traffic that is generated from its proximity to Highway 218 as well as Camp Cardinal Boulevard being fairly busy. He said they picked Low Density Multifamily (RM -12) because that's a reasonable density, the lowest density multifamily zone, and he doesn't think they are going to get a higher density because of the terrain, particularly if you observe that eight unit density per acre criteria in the Memorandum. He said once the City determines the use, then they can get a little more detailed about the slopes or street connections, how it's engineered and developed or whatever staff is concerned about. Freerks said they aren't ready to set parameters at this point. She said it's an important step and the Commission wants to make sure that whatever the mix is, it's right because there's a lot that rides on it and it's part of the community and they want to make sure they do the right thing. She said she thinks deferral is obviously the best choice because she doesn't think that the Commission is really ready to say what they want to do with that land. Miklo suggested that the next step should be a sensitive areas analysis that would pin down where the more developable areas are. Siders asked what that has to do with use. Miklo said it would give them a sense of what area can realistically be developed and then they can determine what density is appropriate, and that may include transferring density from some of that undevelopable land. Siders said that if it's a residential use, Miklo is correct. He said if it's commercial use, then what Miklo just said has no bearing on it at all. He said he wants to know if the Commission thinks that a multifamily zoning is appropriate for this site. Miklo showed on the plan how a diagonal road conceptually indicates that Camp Cardinal Road should have an east -west connection back to the boulevard. Dell Richard, attorney for St. Andrew Presbyterian Church explained that the church owns the property just across Camp Cardinal Road. He said they want to be a good neighbor and that Planning and Zoning Commission June 21, 2Q12 - Formal Page 12 of 20 they don't have particular feeling about what the zoning should be. He said their main concern is the connection between boulevard and road and the responsibility for the road. He said they expect to be developing that site within the next five years. He urged the Commission to take into account the development of all one - hundred acres and not lose sight of Camp Cardinal Road when they are doing the Comprehensive Plan. Freerks clarified that what they would be doing is a Comprehensive Plan change for this one parcel. Robert Wilson of 2205 Harvest Circle, Coralville, passed out some papers to the Commission and said this is a remarkable project that this Master Plan has done in the last six or seven years with the new school and a good boulevard. He said now they are down to Southgate's 28 or 29 acres, across the road from the proposed project is St. Andrew's forty acres, and then to the north his two principals, Jim Napoli and Dave Hecht own 27 acres. He told the Commission that if they decide to change the Comprehensive Plan, they are going to have to look at the impact on all the neighboring properties, and there are about eight or nine acres that are in part or directly owned by Dan Aarons and Jill Armstrong. He said he doesn't know if that affects Commissioner Phoebe Martin because of Jill's status as a realtor in the same firm. He said those are all the principal players who he hopes will be good neighbors when they decide how this property should be developed. He said he agrees with Siders that the property at this point does need to be marketed. Wilson said they would like to market their twenty -seven acres too. He said they have some of the same concerns that Siders has. He said that St. Andrews will hopefully be building their new church on some of their land but will have to decide how the remaining acres will be used. He said in his hand -out he has a photograph of the Napoli -Hecht property as it looks over to the back side of Walnut Ridge. He said the staff reports talks about a large amount of land to the east of the applicant's property, but he said their twenty -acres is actually smaller than the applicant's property. He said because the remaining land is some of the prettiest on the southwest side of Iowa City and because the topography is tough, he thinks they need to proceed very carefully on this. He invited the Commissioners to visit the Napolk Hecht property. He referred to a staff photograph looking down at a steep curb cut coming up from Camp Cardinal Boulevard and a photograph he included in his handouts looking up from across the street. He said this is a very steep slope. He said he doesn't agree that the Clear Creek Master Plan is a guideline, as Holecek had referred to it. He said the resolution signed by all the mayors says the Master Plan was endorsed by the City Council, and he said he doesn't think that word means that it is actually to serve as a guideline. He said his clients also think that the Memorandum does talk about old Camp Cardinal Road being upgraded and developed as part of this, and maybe if all the neighbors get together they can reach an agreement on that. Wilson agrees there should be some sort of connectivity, but he's not sure how you are going to get up that hill. He concluded by saying that since the Commission will be changing the Comprehensive Plan, he hopes they look just as hard at the other side of the road as this side. Eastham asked if Napoli and Hecht's main concern is access to their property from Camp Cardinal Boulevard. Wilson said both the Presbyterians and Napoli and Hecht have access on Old Camp Cardinal Road and any development that is going to occur on their side of the street is going to require improvement to that road. He said the question is whether the folks on the other side of the street are going to pay for those improvements and what the best access is for both properties. Martin explained that she and Jill Armstrong are independent contractors for the same company but they do not have a connection with the subject property, so there is no conflict. She agreed to check with Holecek about the matter, though. Planning and Zoning Commission June 21, 2012 - Formal Page 13 of 20 Freerks closed public hearing. Eastham moved that REZ12 -00011 an application an application submitted by Southgate Development Services for a rezoning from Interim Development Office Research Park (ID- ORP) zone to Low Density Multifamily (RM12) zone for approximately 27.68 acres of property located at Camp Cardinal Boulevard south of Preston Lane be deferred until the July 19th meeting of the Planning and Zoning Commission. Swygard seconded. Freerks said she thinks that Office Research Park (ID -ORP) might not be what needs to be at this site. She said at this point she's just not ready to make a determination. She said she thinks a sensitive areas study is important for the purchaser, but she understands that Siders is anxious to market it. She recommended that the Commission take a closer look at the application and look beyond it at the other properties and how it all connects. Eastham said from his current perspective, the use of this parcel as residential makes a lot of sense. He said he would like to find a solution that doesn't involve the applicant having to spend a great deal more money in terms of engineering studies. He said he understands the staff's interest in having an idea of how much sensitive areas are involved here in the interest of finding out how much of the parcel is developable. He said it makes sense to him why the applicant wants to market it without a concept plan. He said having two access points to the property from Camp Cardinal Road makes more sense than just one. He said if the three parties wanted to get together and propose a way of improving Camp Cardinal Road that is mutually satisfactory to all of them, that would be great and would expedite the process. He said a Comprehensive Plan Amendment that gives the applicant an idea of what they can do with the land is something the Commission should be able to do within a relatively brief amount of time. Freerks said that anything developed in this area will have to have a Sensitive Areas Ordinance applied to it. She said there will be concept tied to it at some point because of all the issues the land carries with it. Miklo said staff's position is that the environmental areas are affected by land use and some sort of sensitive areas study should be in place because some land uses are more suited than others to the environmentally sensitive areas. Freerks agreed and said that might be more important than having a concept at this time. Thomas said he thinks compatibility issues with adjacent properties is a concern of his and after listening to the comments about those properties it seems that coming in off Camp Cardinal Road could be something to be considered. He said he's not clear about the need or importance of a connection from Camp Cardinal Boulevard particularly given the topography. He said he thinks how you access the site will be a factor in determining use because it would affect its relationship to the adjacent properties. Freerks said it would be wise to make sure that by rezoning this, they don't end up with a deficit of Office Research Park. A vote was taken and the motion carried 6 -0. Planning and Zoning Commission June 21, 2012 - Formal Page 14 of 20 REZONING ITEM REZ12- 00012: Discussion of an application submitted by Southgate Development Services for a rezoning from Interim Development Multifamily (ID -RM) zone to Low Density Multifamily (RM12) zone for approximately 13.90 -acres of property located at South Gilbert Street and McCollister Boulevard. Miklo showed the subject property and the neighboring area on a location map, aerial views, a plat for Sandhill Estates which includes this area as Outlot A for future development, and photographs of the subject property and the neighborhood. He explained that the Interim Development Zone (ID -RM) is basically a holding zone that allows limited development, agricultural uses or one house per ten acres. He said the proposed RM -12 zone is intended for low density multifamily or a mix of housing types including small lot single family, duplex, townhouses and apartment building. He said if applied to this property it would allow up to 222 multifamily dwelling units but staff feels that is unachievable on this property given its odd shape and the need for storm water and part of it is within easements. He said staff feels it is appropriate to remove the ID zone and zone it for development given that Gilbert Street has been improved, McCollister Boulevard is in place and sanitary sewer and water are available to the area. He said the property is within the Southeast District Plan, and the Plan has an illustration for this specific property showing the possibility of limited apartment buildings and talking about additional uses like townhouse, duplexes, zero lot line or small lot single family. He said the Plan cautions about putting large concentrations of apartments in any one neighborhood. He staff thinks some apartment buildings or multifamily along Gilbert Street may be appropriate but they recommend a transition as you move toward McCollister Boulevard. He said staff also recommends additional buffering given the public works facility across the street. Miklo said staff recommends that this be deferred to allow development of a concept plan or planned development showing how this property could be developed in relation to the policies of the Southeast District Plan showing a mix of housing. Eastham said that in the past few years Council approved rezoning the rest of Sandhill Estates as OPD -5. He said the land use scenario in the Southeast District Plan shows a border that could be used for townhomes. He asked if townhomes are part of the OPD -5 designation. Miklo said he believed there are two small clusters of townhomes within Sandhill, and he will get that specific plan to the Commission for their next discussion. Freerks opened public hearing. Glenn Siders of Southgate Development Services said they are interested in getting the zoning changed in order to market this property. He said he has no problem with the concepts of the Southeast District Plan and agrees with the City that big apartment buildings up against the back of single - family homes is inappropriate. He said they would probably eventually ask that they rezone this RM -12, as it is the least density multifamily that allows mixed housing, without attaching it to a concept plan. He said he thinks Southgate could easily work out with City staff the concerns about putting larger buildings along Gilbert Street and other things. Eastham asked if there is a market for multifamily development in this parcel currently or in the next five years. Siders said there appears to be a market for apartments all over. He said they have had difficulty marketing single family dwellings in this development but he really can't answer Eastham's question. Planning and Zoning Commission June 21, 2012 - Formal Page 15 of 20 Linda Campion of 765 McCollister Court said she prefers there be no development because it's wonderful just as it is. She said she wonders how dense the population there could be because it is within a Fly Zone of the airport. She said as a life -long resident, she has been proud of the fact that there has never been a part of town that was less desirable than any other, but she has great concerns about the fact that the southeast portion of the city has been negatively impacted by rental housing and the types of housing that have been put there. She asked that the Commission look really hard at what kind of development is put here, and high density is not necessarily better than single family for this lovely area with its trails, park, and ballparks that would draw families there. She strongly recommends keeping the kind of houses that are currently there and limit them to owner - occupied because it will have a positive effect on that quadrant of the city. She asked that the density be limited because of traffic safety concerns for the residents and the people using the ballpark. She asked the Commission's help in rendering a decision that would again make that part of town as desirable as any other. Holecek said the Fly Zone actually relates to the height of buildings with the regard to proximity to the airport and location. Campion asked if twelve - plexes would then not be a problem. Holecek said she didn't believe they would. She said the Runway Protection Zone (RPZ) is farther north but staff would need to look into that further. Freerks clarified that the Commission can't say whether something can be owner occupied or not. Holecek said you have to zone for the appropriate land use, not for who will live there. Sam Ojeda of 833 McCollister Court said most of the houses along McCollister Court have a very nice view of the Terry Trueblood Recreation Area, and that's a big selling point of the whole area. He said even the houses behind McCollister Court are high enough that they have the view also. He said that's something they need to keep and protect in future planning. He said he thinks they didn't get enough information and have been left out of the decision process. Lula Palmer at 803 McCollister Court said she and her husband would support the recommendation to defer the petition. She said they want to make the Commission aware that they are not just a collection of houses, but are a neighborhood, and a careful look at how that property is developed is important to them. Tim Orion of 823 McCollister Court read through the email opposing the application that he had sent to the Commission and that is part of the public record. He agreed with Campion that he would like nothing to be done to this area. He said one of the reasons he bought his house is the view. He said he thinks townhomes lower the property values and apartments are horrible regardless of how nice you might try to make them. He said to look out his door and see a bunch of mediocre buildings is just going to ruin it for everyone. He said that apartments will increase traffic and noise and will have garbage dumpsters that he'll have to look at and smell. He said he sees nothing positive that can come from this application for his community. He said if something is to be built, it should be homes just like the ones that are there now. He said perhaps they have had trouble selling single lots because this part of town has had a bad reputation in the past. Josh Chapman of 840 Oxen Lane said he agrees with the previous speakers that no multifamily Planning and Zoning Commission June 21, 2012 - Formal Page 16 of 20 dwellings should be put in this area. He said it's quiet, it has a prairie grass reserve, a park, and the recreation area. He said it's peaceful and to add apartment buildings would ruin the area. He remarked that this development has the potential to bring a nicer development to the south side of the city whereas other developments have put in multifamily dwellings. He said he would prefer the area not to be developed at all, but if it has to be, it should only be single family. Tim Kasparek of 1001 Langenburg Avenue said he totally agrees with everything his neighbors have already said. He said in 2006 he and his wife were the first to purchase a home in Sandhill Estates. He said he would agree with Siders that the development has been fairly slow but it hasn't been helped by Southgate changing covenants in 2007, unfinishing of green spaces and signage that was never put up along the road. He said from a quality of life standpoint and what you want out of a neighborhood, it would sad to see this happen. He said the City needs to take a look at what they want that area to represent. He said this is an area of the City that is completely different than other areas of town and to throw up something mediocre would be a disservice to the entire city. Brian Herren of 853 McCollister Court said he agrees with what his neighbors have said. He said the reason he and his family moved in this year was because of the aesthetics and how you can see the Terry Trueblood Recreation Area. He said if you put up RM -12 that would be up to thirty -five feet and thirty -five feet would block everybody on the first and second tier from viewing anything across the road. He said his preference is that there is no development there, but if there has to be something put up, he would want it to be single family. He said he had been under the impression that this land wouldn't be developed. He mentioned also that there shouldn't be any access onto South Gilbert because of the congestion with the ballpark being there. He said he doesn't see a market for apartment buildings so far from the downtown. He said his biggest concerns are that what goes in matches the community, the aesthetic appeal, and that anything is limited to two stories or less. Bob Domsic of 800 McCollister Court said he has been inspired by his neighbors to approach and speak. He said he echoed his neighbors' sentiments. He said the south side of the city has a number of social challenges that make this area undesirable, mainly education and crime. He said the City has made efforts to ameliorate those problems and if low density multifamily residences are brought to this area it could undermine the City's efforts of conservation, preservation and desirability of this location. He added that there is an endangered box turtle in the area that he spotted on his property recently and that people need to be cognizant of this fact. Alex Hechman of 843 McCollister Court echoed the thoughts of his neighbors. He said they are part of the Twain School District that faces certain challenges due to the transient nature of the many apartment buildings in that district so adding more apartments would have more negative impact on the school. He urged the Commission to work with the school districts to investigate the re- districting they are undertaking at present. Richard Arthur of 893 McCollister Court said his first impression of Sandhill Estates was that this was an area where they wanted to conserve nature. He said if apartments were to built across from where they live, it would change their neighborhood completely. He said when everyone on McCollister Court moved in they never envisioned apartment buildings behind them. Stephanie Chapman of 840 Oxen Lane said she shared the sentiments of her neighbors who have spoken. She said she loves the dynamic of the neighborhood and putting in apartment buildings will change that. She said she doesn't think anyone driving in to Iowa City would like to see a group of large apartment complexes — it wouldn't be nice to look at, it wouldn't be Planning and Zoning Commission June 21, 2012 - Formal Page 17 of 20 beneficial, no one would enjoy the extra traffic on an already busy road and would be particularly dangerous for the large packs of bicyclists who use that road in the summer. She asked Southgate if they plan on marketing this land and selling it to someone and if they do that, would they then not have any rules or regulations that they have to follow to follow what is already created in their community. Brian Herren of 853 McCollister Court added that they value the Terry Trueblood area as an oasis of sorts, and apartment buildings don't fit into that scheme. He said it's good to have an area where families are there for the long -term and value the sense of community. Tom Carroll of 883 McCollister Court said they just moved in last Wednesday and were told by their realtor that the subject property was green area owned by the City. He said they would support not having apartment buildings there. He asked about the history of the box turtle and if the area can really be developed with a protected species in residence. Miklo explained during the original development of Sandhill Estates the DNR had a plan to relocate the box turtles. He said staff would check with DNR and see what was done. Tim Orion of 823 McCollister Court reiterated that he is opposed to not only apartment buildings, but also townhouses, zero -lots and duplexes because in effect, they are only smaller apartment buildings and will have negative impact on the area. Michael Chan of 927 Oxen Lane said he intends to live there for a long time so he wants to keep that area as safe and habitable for all generations. Freerks closed public hearing. Eastham moved that REZ12- 00012, an application submitted by Southgate Development Services for a rezoning from Interim Development Multifamily (ID -RM) zone to Low Density Multifamily (RM12) zone for approximately 13.90 -acres of property located at South Gilbert Street and McCollister Boulevard be deferred until the July 19th meeting of the Planning and Zoning Commission. Thomas seconded. Freerks urged the speakers to remember that they have created community and they will continue to have that no matter what happens. She said the current zoning indicates that multifamily zoning should be considered. She said she's sorry that some of the speakers had been misled that it was a park. She said it will be developed unless the neighbors can pool their money and buy it. She noted that she has a twelve -plex in her back yard, and it's still a great place to live and she has good neighbors. She said they need to see a planned development or concept plan for this with buffering taken into consideration. Eastham said he makes as many of his decisions as possible by referencing the Comprehensive Plan. He said the revised land use scenario map for this district shows this area as appropriate for single - family, small lots, duplexes, townhomes and some apartment uses. He said those scenarios are in keeping with the Comprehensive Plan's overall intent for every district to provide housing for everyone in the community including all those housing types. He said he lives in a townhome complex with a generational mix that does just fine, so he's looking forward to seeing what we can work out with the development for this parcel. Thomas said it's important that the people of Iowa City have an interest in matters that affect Planning and Zoning Commission June 21, 2012 - Formal Page 18 of 20 their lives, such as was the case tonight. He said that many people have a negative connotation about multifamily dwellings. He said he thinks that the Peninsula is an area that has been thoughtfully designed with a mix of single and multifamily. He said the multifamily development needs to be done in a way that will be compatible in scale and character with the existing community. He said he does understand the speakers' concerns thinking about multifamily in the abstract, but the Commission will have the opportunity to review a concept plan. Thomas said a concern of his is that where there is interface between a single family residential neighborhood and something that may be of a different building type that it's done properly, and with the concept plan they have that option. Freerks said what she's hearing that what the neighborhood really wants is community, is people who are invested as much in the neighborhood and how to reach that point. Martin said what the City has done in this area of town has been great in terms of adding more value where there hasn't been a lot of development. She said a continuation of the theme done appropriately is important. Dyer said however the land is developed, this neighborhood is virtually surrounded by parks, and those won't be lost. She said it will be developed at some time, and perhaps the speakers can talk to the developer about how it can developed compatibly. A vote was taken and the motion carried 6 -0. AMENDMENT ITEM Discussion of an amendment to Title 14, Zoning Code, to exempt blocks with three or fewer home lots from front setback averaging. Freerks opened public hearing. Freerks closed public hearing. Eastham moved to approve the recommended adjustments to the front setback averaging provisions in the Zoning Code as contained in the staff memo of June 15th, 2012. Martin seconded. A vote was taken and the motion carried 6 -0. OTHER: ADJOURNMENT: Eastham moved to adjourn. 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