HomeMy WebLinkAbout2012-12-06 Info Packet� = 1
��•� CITY COUNCIL INFORMATION PACKET
CITY OF IOWA CITY
www.icgov.org December 6, 2012
IP1 Council Tentative Meeting Schedule
MISCELLANEOUS
IP2 Memo from Housing and Inspections Services Dir. and Iowa City Housing Authority Housing
Adm.: Dolphin Lake Point Enclave (DLPE) / Housing Authority Rental Assistance
programs — Housing Choice Voucher / Section 8 (HCV) and Veterans' Supportive
Housing (VASH)
IP3 Copy of response to Matt Ohloff: GE Labeling Resolution Work Session Request
IP4 Copy of email from City Manager: Bike Lanes / Sharrows
IP5 Article from City Manager: It Takes A (Crafty) Village
IP6 Copy of response from Supt. Stephen Murley to Edwin Stone: High School Calculator
IP7 Notice of Funding Opportunity — Housing Trust Fund Accepting Applications
IP8 Criminal Justice Coordinating Committee Minutes — November 7
DRAFT MINUTES
IP9 Housing And Community Development Commission: November 15
IP10 Human Rights Commission: November 20
IP11 Planning And Zoning Commission: November 8
IP12 Planning And Zoning Commission: November 15
.$ City Council Tentative Meeting Schedule IP1
December 6, 2012
CITY OF IOWA CITY
Subject to change
Date
Time
Meeting
Location
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Tuesday, December 4, 2012
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
Tuesday, December 4, 2012
7:OOPM
Regular Formal Meeting
Emma J. Harvat Hall
Friday, December 7, 2012
12 Noon
Work Session - area legislators
Emma J. Harvat Hall
Friday, December 7, 2012
1:00PM
Special Formal /Ex. Session /Evaluation
Emma J. Harvat Hall
Tuesday, December 18, 2012
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
Tuesday, December 18, 2012
7:0013M
Regular Formal Meeting
Emma J. Harvat Hall
TSaturday,
January 5, 2013
8:OOA -5:OOP Work Session Meeting - BUDGET
Emma J. Harvat Hall
Monday, January 7, 2013
1:00- 5:0013M Work Session Meeting - BUDGET- CIP
Emma J. Harvat Hall
Tuesday, January 8, 2013
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
Tuesday, January 8, 2013
7:00 PM
Special Formal Meeting
Emma J. Harvat Hall
Tuesday, January 22, 2013
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
Tuesday, January 22, 2013
7:00 PM
Special Formal Meeting
Emma J. Harvat Hall
Monday, January 28, 2013
5:00 PM
Work Session Meeting - BUDGET
Emma J. Harvat Hall
r"
Tuesday, February 5, 2013
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
Tuesday, February 5, 2013
6:00 PM
City Conference Board Meeting
Emma J. Harvat Hall
Tuesday, February 5, 2013
7:00 PM
Formal Meeting
Emma J. Harvat Hall
Tuesday, February 19, 2013
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
Tuesday, February 19, 2013
7:00 PM
Formal Meeting
Emma J. Harvat Hall
Tuesday, March 5, 2013
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
Tuesday, March 5, 2013
6:00 PM
City Conference Board Meeting
Emma J. Harvat Hall
Tuesday, March 5, 2013
7:00 PM
Formal Meeting
Emma J. Harvat Hall
Tuesday, March 19, 2013
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
Tuesday, March 19, 2013
7:00 PM
Formal Meeting
Emma J. Harvat Hall
r
�•�,. ®,r CITY OF IOWA CITY 1P2
M E M 0 RA N D U M
Date: December 5, 2 SEnc
To: Tom Markus JL
From: Doug Boothromg an Inspection Services and Steven J. Rackis,
Housing Admina City Housi g Authority
Re: Dolphin Lake P (DLPE) /Ho sing Authority Rental Assistance programs —
Housing Choicection 8 (HCV) and Veterans' Supportive Housing (VASH)
The Iowa City Department of Housing and Inspection Services worked with DLPE for over 2
years attempting to rectify property management and housing quality standards issues. In
October 2012, the Housing Authority made the determination that DLPE was in breach of the
Housing Assistance Payments (HAP) contracts with the Housing Authority and DLPE was
notified on October 22, 2012, that all HAP contracts with DLPE are terminated effective May 31,
2013. The HAP contract is the agreement between the Housing Authority and the
owner /landlord for the payment of the housing subsidy on behalf of participating families. All
relevant letters to DLPE and Housing Authority participants are attached.
What does this mean for DLPE?
From December 1, 2012 — May 31, 2013, the housing subsidy payments are suspended;
meaning no payment will be made to DLPE. Housing Authority participants are only responsible
to pay the portion of rent calculated by the Housing Authority. For example, if the landlord's rent
is $600 (Housing Authority pays $200; tenant pays $400) when the HAP is suspended, the $200
is not paid, but the tenant must pay the $400. In accordance with the HAP Contract, DLPE
cannot collect the Housing Authority portion of rent from the family. That is, DLPE cannot make
the tenant pay the $200.
What does this mean for Housing Authority participants residing at DLPE?
Housing Authority participants are only responsible to pay the portion of rent calculated by the
Housing Authority. All participants were issued moving vouchers with an effective date of
December 1, 2012 — May 31, 2013. This means participants have 180 days to secure new
suitable, affordable housing and retain their assistance from the Iowa City Housing Authority.
Normal Housing Authority procedures are to issue vouchers for 120 days.
How many families are affected?
On October 1, 2012, 48 assisted households were residing at DLPE. As of December 5, 2012, 9
households have secured new housing, leaving 39 participants still residing at DLPE. Over 400
owners /landlords in Johnson, Iowa and Washington Counties are currently participating in the
HCV and VASH programs and 100% of the 1,250 vouchers are utilized.
What assistance is being offered to the Housing Authority participants residing at DLPE?
Our action provides the highest level of tenant protection allowable under the HAP contract. The
Housing Authority has engaged other community agencies and service providers to ensure all
Housing Authority participants have access to all services and programs available in Johnson
County, Iowa. The University of Iowa College of Law, Clinical Law Programs will take the lead
on coordinating the tenant protection and relocation efforts. The other primary agencies involved
are:
December 5, 2012
Page 2
• Iowa Legal Aid;
• Coalition for Racial Justice;
• Consultation of Religious Communities;
• Local Homeless Coordinating Board;
• Neighborhood Centers of Johnson County;
• Shelter House;
• Shelter House Star Program;
• Veterans' Administration;
• Grant Wood Elementary Family Resource Center.
Actions to Date:
November 27, 2012: The Housing Administrator addressed the Greater Iowa City Apartment
Owner's Association. One of the topics discuss was owner/landlord participation in the HCV and
VASH programs.
November 29, 2012: Students from the University of Iowa College of Law, Clinical Law
Programs, presented a Renters Rights Workshop that targeted residents at DLPE. The Housing
Authority mailed the flier to all participants and the Consultation on Religious Communities
provided transportation. 12 Housing Authority participants attended the workshop.
December 3, 2012: The University of Iowa College of Law, Clinical Law Programs made a
formal request of the Greater Iowa City Apartment Owner's Association for help in identifying
apartments that are available now and in the next few months for Housing Authority participants.
Ongoing: Determine if there are any sources for loans or grants to assist with security deposits
for new apartments. Also determine if organizations can provide assistance with moving
household goods and furnishings.
January 2013: The Housing Authority will send conduct a follow -up mailing to all participants
residing at DLPE
Attachments:
October 22, 2012, letter sent to DLPE;
October 22, 2012, letter sent to Housing Authority participants (1 example provided, the letter
was customized for each household);
October 30, 2012, letter sent to DLPE
.cc Legal
i~
THO RITY
October 22, 2012
None {319 j 356-5400
FAX. (319) 356°5459
TDD: (319) 3M,
410 E. Was&pgtan Sftet Iowa Cijr • 1vow • 52240.1826
I
DOLPHIN INTERNATIONAL LLC
DBA DOLPHIN LAKE POINT ENCLAVE `
2401 HWY 6 E
IOWA CITYIA 52240
ATTN: Dolphin International LLC dba Dolphin Lake Point Enclave:
Dolphin Lake Point Enclave (DLPE) is in breach of your Housing Assistance Payments (HAP)
contracts for all units located at 2401 Highway 6 East, Iowa City, Iowa The breach occurred for
i
the following reasons:
1. DLPE has charged tenants late fees related to the Housing Assistance Payments (HAP) made
by the Housing Authority when the HAP contract clearly states, "The tenant is zaot responsible
for paying the portion of the rent to owner covered by the PHA (Iowa City (lousing Authority
RCHAJ) housing assistance payment under the HAP contract between the owner and the PHA".
SEE: HAP Contract: Tenancy Addendum Part C 5. (d).
2. DLPE has issued tenants 3-day Notices to Pay Rent or Quit for the ICHA portion of the
contract rent when the HAP contract clearly states, "The tenant is not responsible for paying the
portion of the rent to owner covered by the PHA housing assistance payment under the HAP
contract between the owner and the PHA ". SEE: HAP Contract: Tenancy Addendum Part C 5.
(d)
3. DLPE did not provide the Account Ledgers and the City of Iowa City informational
Disclosure and A.cknowledament forms for the tenants and units being assisted by the ICHA.
This request was made by the ICHA on August. 7, 2012, September 2, 2012, and again on
September 4, 2012, The HAP contract clearly states, "The owner must provide any information
pertinent to the HAP contract that the PHA or HUD may reasonably require ". SEE: HAP
Contract Part B 11. (a).
4_ Leases include an early termination fee of 5700 to $900. This is a penalty and an
unconscionable lease provision under Section 562A. 7 of the Iowa Code. Leases are not
DLPE Abate Lean • 1M&tad O=Or= ?AL
consistent with State law. The HAP contract clearly states, "The owner certifies that the lease is
consistent -with State and Local Iaw". SEE: HAP Contract Part B 2. (a) (3).
Therefore, the Housing Authority is termizzating the Housing Assistance Payment MAP)
Contracts for all families residing at 2401 Highway 6 East, Iowa City, Iowa, effective May 31,
2013. This action will automatically terminate the lease-, SEE: HAP Contract: Tenancy
Addendum fart C. 9. The termination elate of the lease will be the same as the termination date
of the HAP Contract. If the tenant remains in the unit after May 31, 2013, they will be
responsible for the entire monthly rent.
From December 1, 2012 — May 31, 2013, Housing Assistance Payments are suspended. The
Housing Authority is taking this action under the HAP Contract Part B 10. B. (c) & (d). During E
this period the Housing Authority will not be making Housing Assistance Payments. The tenant
is only responsible to pay the portion of rent calculated by the Housing Authority. In accordance
with the HAP Contract: Tenancy Addendum Part C 5. (d), you cannot collect the Housing
Authority portion of rent from the family. All families will be advised that if they make
additional payments for rent that they are breaching a family obligation to the HCV program and
putting their assistance in jeopardy.
A copy of the letters sent to all active participants is enclosed. If you have questions concerning
the above you may contact me 319- 887 -6065.
Since lv,
Steven J. Ps using Administrator
cc: All Active 14CV Participants
Doug Boothroy, Housing & Inspection Services
Carmen Shaw, Housing and Urban Development
Jan Rutledge, Iowa Legal Aid
MIS Abse iA= - laa&oid Oaabr 201: 1
E,.—
Phone- (319) 3M -5400
1` F. -.,Y.• (319) -356-5459
TH t3 RiTY 41 D E. Warhipgton ShTet • Ioma G�j . Ivxw - 522404826
October 22, 2012
Dear
The Iowa City Housing Authority is terminating all Housing Assistance Payment Contracts with
Dolphin Lake Point Enclave effective May 31, 2013. This action is being taken because of
multiple breaches of the contract by Dolphin Lake Point Enclave.
PLEASE NOTE: You are only responsible to pay the portion of rent calculated by the Housing
Authority. Your landlord cannot collect the Housing Authority portion of rent from you. The
amount you owe your landlord is S212. Please notify your caseworker immediately if:
1. Your landlord attempts to collect the Housing Authority portion of your contract rent;
2. Your landlord charges you a late fee for not receiving the Housing Authority portion of the
contract rent; or,
3. Your landlord attempts to evict you for not receiving the Housing Authority portion of the
contract rent.
If you make additional payments for rent above 52L2, you are breaching a family obligation.
Breaches of family obligations may lead to termination of assistance. Continue to report all
changes in income and family composition in writing.
Enclosed is paperwork you will need to begin looking for a new home. Please follow the
instructions below.
(a) Sign and date the two Vouchers where indicated. Return the blue copy to our office, keep the
white copy for your records.
(b) Complete and sign all documents in the enclosed Tenant Information Packet.
DLPE Abate Letter - Tenant October 2012
(c) You and the new landlord will need to complete the enclosed Request for Tenancy Approval
(RFTA). You must submit this completed form to us prior to the voucher expiration date of May
31, 2013.
Please return the signed blue Voucher and the completed and signed Tenant Information Form as
soon as possible but not later than November 5, 2012.
The completed RFTA form should be submitted as soon as possible for processing when you
have found a unit and not later than the expiration date of the voucher.
If you decide to remain in your current unit without assistance-, please notify us as soon as
possible.
A copy of the letter sent to Dolphin Lake Point Enclave is enclosed. If you have questions
concerning this process I can be reached at (319) 887 -6063 or robin - butler @iowa - city.org.
Sincerely,
Robin Butler
Housing Program Assistant
Enc.. 3
DUE Abate Letter - Tenant October 2012
F ,0n, (319) 356.5400
usin F • (3.19) 35.6.4, • 9
TI DA (319) 356.5414
U -rHH 0 R tT'Y 9 410 E. Wasbingtox Stree • Ira -0 , • l .-f2240-1826
October 30, 2012
DOLPHIN INTERNATIONAL LLC
DBA DOLPHIN LAKE POINT ENCLAVE
2401 HWY d E
IOWA CITY IA 52240
ATTN: Dolphin International LLC
dba Dolphin Lake Point Enclave:
This is to amend my letter to you dated October 22, 2012 to clarify that a Housing Assistance
Payment (HAP) Contract will terminate before May 31, 2013 if the tenant vacates the unit prior
to that date. The termination date of the HAP Contract and HAP payments will be in accordance
with the Iowa City Housing Authority's Administrative Plan, and I will provide you vtfth written
confirmation of the termination date of the HAP Contract. When the HAP Contract is
terminated, the lease automatically terminates.
Under no circumstances will a HAP contract remain in effect after May 31, 2013. If any tenant
remains in the unit after May 31, 2013, the tenant will be responsible for the entire monthly rent.
Sincerely,
Steven J. ckis, Housing Administrator
cc: All Active HCV Participants
Doug Boothroy, Housing & Inspection Services
Carmen Shaw, Housing and Urban Development
Jan Rutledge, Iowa Legal Aid
From: Marian Karr
Sent: Wednesday, December 05, 2012 2:44 PM
To: 'mohloff @fwwatch.org'
Cc: Council
Subject: GE Labeling Resolution Work Session Request
Attachments: 20121205143248588. pdf
The City Council received your request to support labeling of genetically engineered foods, and requesting the matter be
scheduled for the December 18 Council work session. The City Council discussed your request at the December 4 work
session and a majority were not interested in scheduling the matter for further discussion.
Thank you for your comments. Please let me know if you have any further questions.
Marian K. Karr, MMC
City Clerk
356 -5041
L
Marian Karr
From: Marian Karr
Sent: Friday, November 30, 201211:00 AM
To: matt hayek
Cc: Tom Markus; Geoff Fruin
Subject: FW: GE Labeling Resolution Work Session Request
From: Matt Ohloff [mailto:mohloff @fwwatch.org]
Sent: Friday, November 30, 2012 10:59 AM
To: Council
Subject: GE Labeling Resolution Work Session Request
Dear Iowa City City Council,
I. gave public continent at the City Council meeting this past Tuesday asking the Council to take tip and vote on
the resolution Food & Water Watch has submitted regarding support for labeling of genetically engineered
foods. I was under the incorrect impression that the City Council would be meeting on Dec. 11. That being said,
I would like to request that the City Council bring this resolution tip at the work session meeting on Dec. 18.
Please let me know if this can be added to the agenda for that meeting. And please let me know if you have any
thoughts or questions on the issue or on the process for moving this resolution forward.
Sincerely,
Matt Ohloff
Regional Organizer
Food & Water Watch
351 E. College St.
Iowa City, IA 52240
office: 319 -512 -7825
fax: 319 -512 -7835
cell: 515- 988 -3737
mohloffaftwatch.on
www.foodandwaterwatch.org
LIKE us on Facebook:
htt ps:// www. facebook.com /FoodWaterWatchIowa
This correspondence will become a public record.
From: Tom Markus
Sent: Tuesday, December 04, 2012 9:01 AM
To: Marian Karr
Subject: FW: Bike Lanes / Sharrows
Please forward on to council so they can see how we are following up on this request.
From: Geoff Fruin
Sent: Monday, December 03, 2012 3:48 PM
To: Shannon McMahon
Cc: Tom Markus
Subject: RE: Bike Lanes / Sharrows
Great. Thanks for following up on this.
I've cc'd Tom as this request came from Susan Mims.
Geoff
From: Shannon McMahon
Sent: Monday, December 03, 2012 3:11 PM
To: Geoff Fruin
Subject: FW: Bike Lanes / Sharrows
FYI —
Kris A. has set up a meeting this Thursday with Mary Bryant about creating a public service
announcement regarding sharrows /bike lanes. Kris asked if I would attend.
Jodi is working on a media release on this subject, and is currently awaiting some follow -up info from
Sara Greenwood Hektoen
From: Kristopher Ackerson
Sent: Monday, December 03, 2012 12:02 PM
To: Mary Bryant
Cc: Shannon McMahon
Subject: FW: Bike Lanes / Sharrows
1. Sharrows vs bike lanes is one of the topic -see links at the bottom.
2. Another is this new report form to submit concerns /safety issues related to biking and trails -
http://www.mpoic.org/resources/``trailReport /
3. Light the night program - http: //www.thinkbicycles.org /light- the - night/
- kja
Kristopher Ackerson
Metropolitan Planning Organization of Johnson County
319.356.5247 (w). 319.621.5882 (c).
APlease consider the environment before printing this e-mail.
From: Kristopher Ackerson
Sent: Friday, November 16, 2012 9:33 AM
To: Jodi DeMeulenaere
Cc: Jeff Davidson; Shannon McMahon; Sara Greenwood Hektoen
Subject: RE: Bike Lanes / Sharrows
Hi Jodi,
The purpose of Sharrows (Shared Lane Arrows) is five -fold:
1. Assist bicyclists with lateral positioning in a shared lane with on- street parallel parking in order to reduce the
chance of a bicyclist's impacting the open door of a parked vehicle,
2. Assist bicyclists with lateral positioning in lanes that are too narrow for a motor vehicle and a bicycle to travel
side by side within the same traffic lane,
3. Alert road users of the lateral location bicyclists are likely to occupy within the traveled way,
4. Encourage safe passing of bicyclists by motorists, and
5. Reduce the incidence of wrong -way bicycling.
Figure 9C -9. Shared Lane Marking
Bicycle lanes on the other hand designate that portion of the roadway for preferential use by bicyclists. The solid white
lines inform all road users of the restricted nature of the bicycle lane.
2
Figure 9C -3. Word, Symbol, and Arrow Pavement Markings for Bicycle Lags
A - Bike Symbol
Normal
white line
B - Helmeted Bicyclist Symbol
C -word Legends
hile lime
Logend
# opti"al
Bicyclists using roadways with Sharrows or Bike Lanes must always follow the rules of the road (e.g., obeying traffic
signals, riding in the same direction as traffic, signaling turns, etc.).
This video from Colorado Springs helps explain sharrows, as well as this one from Minneapolis. This one from
Indianapolis covers both.
Let me know how I can help further with the promotional materials.
Thanks,
Kris
Kristopher Ackerson
Metropolitan Planning Organization of Johnson County
319.356.5247 (w). 319.621.5882 (c).
APlease consider the environment before printing this e -mail.
From: Jodi DeMeulenaere
Sent: Thursday, November 15, 2012 8:10 AM
To: Kristopher Ackerson
Cc: Jeff Davidson; Shannon McMahon
Subject: FW: Bike Lanes / Sharrows
3
Kris:
Can you help me out with this by giving me answers to the questions in the first paragraph, or direct me to a site where I
could get the information? I haven't been on a bike since the kids were little ... so I don't know how to explain all this.
Thanks!
- -Jodi
From: Geoff Fruin
Sent: Thursday, November 15, 2012 8:06 AM
To: Shannon McMahon; Jodi DeMeulenaere
Cc: Adam Bentley; Jeff Davidson
Subject: Bike Lanes / Sharrows
Shannon and Jodi —
Council member Mims suggested that staff pull together an informational campaign on the differences between bike
lanes and sharrows. What do those pavement markings mean? How to do they differ? What does that mean in terms of
bicycle behavior? Basically, it is a safe bicycling type of campaign.
This could be something that makes for a good cable PSA. We could try and partner with local bicycle groups to help get
the word out as well. I'm sure the Planning staff would have some good ideas.
Could you pull together an informational release to send out? I think the timing would work with the new sharrows
added to Gilbert recently. Perhaps we can target a PSA for the spring time when the weather breaks and more people
are biking.
Thanks-
Geoff Fruin
Assistant to the City Manager ( City of Iowa City, IA
319.356.5013 Igeoff -fruin @iowa- city.org
4
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It Takes a (Crafty) Village
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Our guest blogger today is Jenny Gordy from Miksten Made.
My husband and I have moved across country due to his job more times than I care
to recount. Moving often can make it hard to connect to places, but some towns
have such a lovely sense of community that reels you right in. The last place in
http: // livingblog .marthastewart.com /2012/11 /tree - huggers.html 12/3/2012
It Takes a (Crafty) Village I Living Blogs I Martha Stewart
Page 2 of 6
which I left my heart was Brooklyn, and I never thought I'd find a place I felt so at
home in ever again. Fast forward a year, and I am living and established in Iowa.
FAVORITE SITES
101 Cookbooks
A Cup of Jo
Beauty Blitz
Cool Mom Picks
Design Mom
Devil & Egg
Dinner: A Love Story
Handmade Charlotte
Inchmark
Into the Gloss
Momfilter
Oh Happy Day
Pixiwoo
Say Yes to Hoboken
Sous Style t?
The William Brown Project
You Know, For Kids
A year ago I only knew two people in Iowa, but now I feel like I'm part of a
community. I've come to learn that community is not something that just happens —
if s something that is built out of courage, hard work, enthusiasm, and creativity.
Rarely have I felt such a sense of community as I did recently at the Tree Huggers
event in downtown Iowa City, when the residents of my town came together to
create a public art installation. Over 200 volunteers knitted colorful "tree huggers" to
cover 135 downtown trees, bringing cheer to an otherwise drab season. The
downtown businesses donated the yarn, and Home Ec. Workshop — my favorite
yarn shop — helped to organize the event and offered free knitting lessons to the
non - knitters eager to participate.
http:// Iivingblog .marthastewart.com/2012 /11 /tree - huggers.html 12/3/2012
It Takes a (Crafty) Village I Living Blogs I Martha Stewart
Page 3 of 6
Volunteers had one month to design and knit their tree huggers. Although they were
all given the same yarn and color palette for an overall cohesive effect, the creativity
and individuality of each design was quite evident.
On the day of the installation, everyone was giddy with excitement. Materials were
distributed, and families, friends and strangers joined together to sew their work
around assigned trees. People pitched in and helped each other. I felt honored to be
included as passersby stopped to admire, chatting and asking questions. We were
not only creating a thing of beauty, but also celebrating our town, each other, nature,
and our favorite craft. I marveled at the strength and ingenuity of the creators of this
project as I felt a part of something for the first time in quite a while. It was pure joy.
9 COMMENTS Tweet
http:// Iivingblog .marthastewart.com/2012 /11 /tree - huggers.html 12/3/2012
From: Stephen Murley < Murley.Stephen @iccsd.k12.ia.us>
Sent: Monday, December 03, 2012 6:28 AM
To: Edwin Stone
Cc: Board; Council; Administrators ESC
Subject: Re: High School Calculator
Good Morning Ed
Thank you for sharing your efforts with us. The District is currently working to implement new attendance zone software
that will link with our Power School data and provide accurate demographic data for any new attendance zone
configuration. This data will become part of the recommendations that the administrative team annually brings before
the Board.
Steve
On Dec 2, 2012, at 10:19 PM, "Edwin Stone" <stone.edwin@ email. com <mailto:stone.edwin @gmail.com>> wrote:
Dear Board Members,
I am writing to share a tool that I created for evaluating the effects of boundary changes at the high school level. It
consists of an excel spreadsheet that allows the user to assign various elementary enrollment areas to any of three high
schools and to see the effect of those assignments on the enrollment and FRL numbers for each of the schools. I have
also included a text document that explains how to use the tool. I hope that you will find these documents useful.
Please let me know if you have any suggestions for making the spreadsheet better.
Regards,
Q:J
NOTICE: All email communications to and from the District's email server are archived in accordance with District policy
and procedures. This email communication, including attachments, contains information which may be confidential
and /or legally privileged, and may otherwise be exempt from disclosure under applicable law. The information is
intended solely for the use of the addressee. If you are not the intended recipient or believe you received this
communication in error, please reply to the sender indicating that fact and delete the copy you received. In addition, if
you are not the intended recipient or believe you received this communication in error, any unauthorized retention,
copying, disclosure, distribution, or other use of the information is strictly prohibited. Thank you.
<High School Designer v3.2 FD.xls>
<How to Use the High School Designer Spreadsheet FD.docx>
Housing Tt fund
I o h n s o County
Board ofDirectors
IP7
Housing Trust Fund of Johnson County
322 East Second Street
Iowa City, IA 52240
Email: tachcnbach @htfjc.org Website: www.htfjc.org
Office: 319.358.0212 Fax: 319.358.0053
Bob Dvorsky, President
State Senator, Ir District
NOTICE OF FUNDING OPPORTUNITY
Steve Long, Co- President -elect
Iowa City Planning dam' Community
Development
Bob Burns, Co- President -elect
Burns & Burns, L.C...
Ron Mavrias, Secretary
HOUSING TRUST FUND ACCEPTING APPLICATIONS
Private Citi .Zen
John Warren, Treasurer
Bergan Paulsen
The Housing Trust Fund of Johnson County is currently offering $40,000 in funding to
--------- - - - - --
support the development and/or rehabilitation of housing for income qualified
Jerry Anthony, University of
households. Note: Funding will be awarded to applicants who support housing
Iowa, Urban & Regional Planning
development or activities for low income households (80% or below AMI), but
Robert Brooks, University of
preference may be given to projects that benefit extremely low income households
Iowa Building and Landscape
(30% or below AMI). Eligible applicants include businesses, nonprofits, builders,
Services
developers, and governmental agencies seeking funds for owner- occupied, affordable
Crissy Canganelh, Shelter House
rental, transitional or emergency housing in Johnson County. Funds must be used by
Maryann Dennis, Ex- oficio
December 31, 2013. The application deadline is 5 p.m. on Friday, December 20, 2012.
The Housing Fellowship
An application, AMI guidelines, and additional information may be found online at
www.htfjjc.org or by calling 319 - 358 -0212.
Kirsten Frey, Kennedy, Cruise,
Frey and Gelner
Steve Gordon, AM Management
Ellen Habel, City of Coralville
Chris LeFever, US Bank
Tracey Mulcahey, City of North
Liberty
Phil O'Brien, Lepic Kroeger
Realtors
Scott Schroeder, MidWestOne
Bank
Rod Sullivan, Johnson County
Board of Supervisors
Larry Wilson, University Heights
Citi -Zen
Staff
Tracey Achenbach,
Executive Director
Kelly Wenman,
Operations Coordinator
Iii
MINUTES OF THE CRIMINAL JUSTICE COORDINATING COMMITTEE:
NOVEMBER 7, 2012
TABLE OF CONTENTS
Page
Results of the Justice Center Bond Referendum Including Feedback Regarding the Process
and Planning for the Future ......................................................................... ............................... l
SetNext Meeting Date ....................................................................................... ..............................9
Chairperson Sullivan called the Johnson County Criminal Justice Coordinating
Committee to order in the Johnson County Administration Building at 4:30 p.m. Board
of Supervisors' Members present were: Pat Harney, Terrence Neuzil, Janelle Rettig, Sally
Stutsman, and Rod Sullivan. Criminal Justice Coordinating Committee Members present
were: Iowa City City Council Member Connie Champion, Citizen Representative Bob
Elliott, County Attorney Janet Lyness, Bar Association Representative James
McCarragher, County Sheriff Lonny Pulkrabek, Judge Doug Russell, Citizen
Representative Professor Emeritus John Stratton, and Consultation of Religious
Communities Representative Dorothy Whiston; absent were: Department of Corrections
Supervisor Jerri Allen, MECCA Director Ron Berg (arrived at 5:15 p.m.), Iowa City
Public Library Adult Service Coordinator Kara Logsden, and Defender's Managing
Attorney Peter Persaud. Staff present: Sheriffs Major Steve Dolezal, Lieutenant Kevin
Bell, Executive Assistant Andy Johnson and Deputy Auditor Nancy Tomkovicz.
RESULTS OF THE JUSTICE CENTER BOND REFERENDUM INCLUDING
FEEDBACK REGARDING THE PROCESS AND PLANNING FOR THE
FUTURE
Iowa City City Council Member Connie Champion said she feels very positive and
the results were beyond her expectations. Based on the demographics of the vote, she
suggested the next justice center bond referendum should be on the ballot with the special
election to replace Supervisor Stutsman. County Attorney Janet Lyness said the bond
referendum cannot be put back on the ballot for six months.
Citizen Representative Professor Emeritus John Stratton said with a little more money
and a little more advertising, the justice center project might have passed. He said they
ought to go back to the public with the proposal or consider another way to finance it.
Rettig clarified that neither the Criminal Justice Coordinating Committee (CJCC) nor the
Board of Supervisors conducted any campaign for the project. Stratton said that was a
good point, it was the Vote Yes group who advocated in favor of the justice center.
Consultation of Religious Communities Representative Dorothy Whiston said she
was very disappointed with the results and did not expect it. She thinks it is a tragedy
that will end up costing much more money down the line. They must heed the public's
objections and move forward either with this very same plan or with something similar.
Stutsman said feedback from those opposed to the referendum revealed that Board of
Supervisors needs to have more money into the project. There is also a concern that the
Informal Minutes: November 7, 2012/ page 2
project would be land locked with no expansion opportunities. Champion clarified that
the justice center was designed to accommodate additional growth. Lyness said yes.
Rettig said the proposed design is not land locked and this shows it was not
communicated to the voting public. The City of Iowa City (Iowa City) said they will
vacate the road and the County owns almost the entire lower level of the block.
Rettig said as a citizen she is very concerned about disproportionate minority contact
at the initial contact point. County Sheriff Lonny Pulkrabek and his deputies do not have
a disproportionate minority contact so the County itself is not arresting these individuals.
After people enter the criminal justice system and have the first contact, collectively,
Johnson County does a good job of getting individuals back on track regardless of race.
She said she will hold Iowa City accountable for the majority of this problem, however,
this is a problem the entire County should respond to. Rettig added that this is not related
to why Johnson County needs a new justice center.
Rettig said she does not think the County's investments in Jail Alternatives have been
understood. A new justice center will provide needed space and people will be interested
in more investments in Jail Alternatives and reducing recidivism rates. Shipping inmates
out of the County cuts into inmates' availability for alternative programming, legal
consultations, family support, and exercise.
Neuzil said voters have clearly spoken; they do not support the proposed plan. He is
therefore not interested in giving the voters the same proposal. He thinks the cost largely
factored into the loss. Neuzil said he thinks they will need to reduce the size and scope of
the project before it goes before the voters again.
Sullivan said he thinks 57% represents a fairly strong public approval. He is open to
suggestions on how to tweak the proposal to make it better, but he does not want to make
any fundamental changes.
Rettig said the current Jail was built nickeled and dimed. The population escalated,
the Jail is landlocked and does not have ample footings. The proposed design would
accommodate population growth 10 to 15 years down the road and at the time they
settled on 243 beds because at times, the current Jail housed 200 inmates. She does not
think the public understood this and, Rettig said the public is of two minds: they are mad
when the County builds a building too small to accommodate years of growth, yet they
do not want to pay for a building designed large enough to grow into. She wondered
whether there are cost - saving design options which include shelling space for expansion.
Harney said he is disappointed with the vote. They have scaled this project back from
the original approximately $74 million proposal to $46 million. He said this facility is
about much more than the jail itself. This is about the needs of the court systems and the
needs of judges, jurors, and jail alternatives as well. Harney reminded the public that the
Jail built in 1981 did not even last 15 years before planning began for a new jail. Johnson
County's population continues to grow and if they short change this project, they will be
right back where they were in 2000, looking for additional space.
Informal Minutes: November 7, 2012/ page 3
Harney said he is not interested in drastically scaling back the project. It is very
costly to go back and build more cells in an existing facility that is not already shelled.
In regards to the location of the proposed justice center, Harney said he thinks the
proposed downtown location is ideal. It is accessible to the public and to mass
transportation.
Sullivan said democrats are still in the majority in the Iowa Senate meaning there
most likely will not be dramatic cuts to property tax. 'Now he would be willing to
reconsider utilizing more of the county's Reserve Fund but he does not want to change
the proposal so dramatically that they lose some of the support they had. Harney said he
does not support increasing the County's contribution from the Reserve Fund because
that would be taking money from the smaller population. He said he does not think that
is fair to the taxpayers.
Whiston said she thinks there is a lot of confusion about the justice system. She
thinks people are not aware that there has been a very conscientious group working hard
on the issue of disproportionate minority contact at the County level. She said she does
not think the cost of the justice center should be a major concern. Whiston said there
should be discussion about the new vision for the south side of downtown Iowa City and
concerns over the Jail being part of that.
Harney said he received complaints about the number of people being arrested and
what they are arrested for. He said he thinks Iowa City has taken a lot of blame for
things. A large part of this stems from when the University of Iowa (UI) started their
own police department. The UI Department of Public Safety (DPS) is patrolling and
making a number of arrests that are being blamed on Iowa City.
Champion said the misconception that the Jail is full of young UI students is still
widely held and she is working to dispel that. She also thinks people mistakenly believe
that a larger jail will promote arrests for marijuana smoking. The young people in
Johnson County do not agree with the whole justice system.
University of Iowa Student Representative Drew Lakin said he agrees there is a
misconception about the Jail population. He thinks it is important to make the distinction
between the justice system and the proposed justice center and to expand public
education.
Rettig said a justice center would have classrooms and meeting room space to support
Jail Alternatives including the newly established Drug Court.
Pulkrabek said he thought public education was ample. They explained the Jail
Alternatives component and how it has reduced the average daily population over the last
two fiscal years. They explained the Jail is not full of drunken college kids; those
offenders are in at night and gone the next day. They discussed the population growth
over nine years. Nobody talks about the large number of people cited and released who
Informal Minutes: November 7, 2012/ page 4
are not brought to Jail. The proposed justice center was designed to accommodate future
population growth and it is not land locked. He said he is not sure what else they can do
to reach the voters. Pulkrabek said public education is at the mercy of the Internet and
the media, who has done their part.
Neuzil repeated the need to reassess the proposal and design something new.
Pulkrabek said the CJCC has worked on the proposal for a long time. The committee has
been meeting regularly on the first Wednesday of every month and the public has been
invited and welcome to attend for discussion.
Harney said a major issue is property tax increases to help pay for the project. If
there was another way to fund the project it would have a better chance of passing.
Noting the breakdown of precinct voting, he said it is interesting that at the Quadrangle
Residence Hall and the University of Iowa Main Library precincts voted almost fifty -fifty
on the issue. However, voters in the Johnson County Courthouse precinct voted 59% to
41% against the proposal. He said this shows that students did have an impact on the
vote in that particular area.
Stutsman said she heard concerns over the increase in property taxes as well. There is
talk about building more schools also and the tax burden will further. She heard
comments the justice center was not an attractive facility; the days of beautiful atriums
and open spaces in public buildings are bygone. People want a building to be utilitarian
and functional.
Sullivan said the most frustrating thing is to hear people say there was not enough
public discussion. He said public discussion on this has ensued for 14 straight years and
he does not know how much more public discussion they can have.
Stutsman asked if they thought the justice center would ever pass with a 60% margin.
Rettig said yes. She said people understand that the population has grown and with that
space changes. People want the County to invest in Jail Alternatives and to address
disproportionate minority contact. She thinks the public does not want the County to
nickel and dime the justice center to the point where it cannot expand. They can modify
the project using the same infrastructure but with less upfront cost. She said she is
prepared to put more cash up front.
Stutsman left at 5:14 p.m.
Champion said she gets really tired of hearing that there is a disproportionate number
of minority contact in Iowa City. This is a nationwide problem, not just an Iowa City
problem. The minority populations arrested and jailed are primarily living in the Iowa
City area. These are not bad people; they are people that have grown up differently than
how others grew up in Iowa. She asked if Rettig could give an example of somebody
getting in trouble because they are a minority. Rettig said Sullivan's daughter was pulled
over driving while Black. She said most of those people are not filling the Jail. But it is
still a problem in the County because Johnson County ranks among the highest in the
Informal Minutes: November 7, 2012/ page 5
country for juvenile disproportionate minority contact. Pulkrabek clarified that among
adults the County is ranked among the lowest in the Country for disproportionate
minority contact. Sullivan said they can and should have community conversation on this
but he is not clear that this is going to change the numbers.
Whiston said time disabled them from making a strong case for the public.
Champion said she thinks there is a social - economic impact to the justice system that
frequently gets overlooked. Whiston agreed but said that race supersedes even that.
Iowa City Resident Sean Curtin spoke as a representative of Vote No New Jail.org.
He said there is too much insulation between the CJCC and the public and there is a lack
of responsiveness to the people. He said according to UI DPS's arrest records from
January 1st to November 7th, approximately 75% of arrests were for being in bars after
hours, .possession of drug paraphernalia or open containers. He challenged the proposed
project cost. Curtin said 44% of the public voted against the bond referendum, but only a
few showed up at this meeting.
Curtin proposed changes to the arrests court appearance process. Those arrested on
marijuana charges, or other minor charges, do not pose a threat to the community. He
agreed that disproportionate minority contact should be addressed. He said he was
falsely arrested twice in Johnson County due to the lack of equal protection. If he was a
minority, he claimed the police might not have approached him in fear of public
backlash. Curtin said the County's criminal justice system would be successful if the Jail
occupants were individuals who commit more severe crimes and who pose a threat to the
community.
Jail Alternatives Coordinator Jessica Peckover said it might be helpful to have an
intentional partnership with the people who voted against the bond referendum. Sullivan
said in 2000 there were at least five members of the CJCC who voted against the justice
center. He said they have a history of including people who disagreed. Whiston said in
2000, when the justice center bond referendum did not pass, they created a yearlong task
force whose job it was to figure out why the referendum did not pass.
Sullivan asked CJCC members to recommend a reasonable time frame for the next
bond referendum. Rettig said the Courthouse is not large enough to support Johnson
County's growing population and the current inmate housing situation is inhumane. In
addition, she is appalled with juvenile disproportionate minority contact in Johnson
County. Neuzil said he would like to see this back on the ballot sooner rather than later.
Champion agreed that she would like to see it back on the ballot soon. Lyness said the
CJCC is comprised of subcommittees and she suggested they discuss the issues in
subcommittee meetings and regroup in one month.
Sullivan said the State recently changed the number of opportunities for special
elections and there are only a couple of possible dates in 2013.
Informal Minutes: November 7, 2012/ page 6
Bar Association Representative James McCarragher said they should collect the
contact information for those opposed to the justice center and who wish to participate in
discussions. The CJCC subcommittee chairs would then be able to notify these
individuals when the subcommittees plan to meet. McCarragher said he is concerned
about whether they have individuals who are opposed or individuals representing groups
who are opposed. He thinks it would be more productive to meet with representatives of
groups of people. Sullivan said they will circulate a signup sheet at tonight's meeting and
they will also tweet and post the meeting dates and times on Facebook.
Amanda Murphy said she is a Johnson County resident and property owner who
voted against the bond referendum. She spoke in favor of regular gatherings of law
enforcement entities to promote a discussion on the racial and economic disparity issues
and begin to formulate a solution. She said she is not in favor of putting people in Jail
when there are other places they could go. She believes drug users and/or people caught
with a pipe should not be put in Jail. Only violent offenders should be put in Jail.
Murphy spoke in favor of expanding the Drug Court.
Pulkrabek said during the campaign he pulled a roster of the 64 people Johnson
County who were housed out of the County on a particular day. He said four of the 64
people had drug offenses, and in addition to the drug offense, the individuals had either a
forcible felony or an aggravated misdemeanor. He said he does not understand the
misconception that minor drug offenses are taking up Jail beds because this is simply not
the case. Pulkrabek said it is very, very, very rare that second and third marijuana
offenders are jailed more than 24 hours, and, if they are found guilty, that they are
sentenced to Jail. He asked what more he can do to help people understand that the Jail
does not house minor drug offenders; Jail inmates have committed much more serious
offenses.
Lyness left at 5:45 p.m.
Rettig said Murphy is preaching to the choir. Between Pulkrabek and Lyness they
may be one of the most liberal combinations in the Country. She said Pulkrabek was
criticized when he said people should not be arrested for minor drug offenses. Pulkrabek
said he has not changed his position on that. He said he proposed a level of marijuana
possession that would be a simple misdemeanor. That idea was not popular among his
law enforcement colleagues or across the state. His preference would be to cite and
release individuals in possession of small amounts. The truth is that marijuana can be
problematic for many people and while he is not in favor of decriminalization, he does
advocate for a simple misdemeanor level of possession.
Vote No on New Jail.org Representative Martha Hampel spoke against the proposed
justice center. She said her main concern with the justice center is the proposed security
plan. She accused CJCC members of fear mongering and clever marketing strategies.
She said the CJCC received over $35,000 in donations and expenditures. Sullivan
corrected Hampel by explaining that the group which supported the public information
effort was separate from the CJCC. Hampel said Vote No on New Jail collected under
Informal Minutes: November 7, 2012/ page 7
$1,500 and campaigned just over a month. Hampel said she thinks it is a conflict of
interest for members of the Board of Supervisors to serve on the CJCC.
Rettig clarified that the CJCC is a committee appointed by the Board of Supervisors
to study the justice center issues and formulate a proposal. The CJCC is an advisory
committee to the Board of Supervisors. The campaign committee, "Yes for Justice,"
spent the money and those in the room who contributed money to "Yes for Justice" have
a Constitutional freedom of speech right to do so.
Hampel said the CJCC was arrogant in purchasing land around the Courthouse before
the bond referendum. Now the cost can't be lowered because the location is a forgone
conclusion. Sullivan explained to Hampel that Johnson County has a recent history of
purchasing land for a purpose and then choosing to do something else. He said Hampel's
argument is incorrect; the County can keep or sell the buildings it owns.
Hampel asked if CJCC members are open to building the justice center in a different
location. Rettig said she is 100% opposed to a different location because she is against
urban sprawl and destroying the historic Courthouse. She said she believes the Jail and
the Courthouse should remain together and be tied to the current Courthouse downtown.
Hampel said if they insist on building the justice center downtown then they cannot
make it less expensive. Sullivan explained that the County already owns the property so
they do not have to spend any more money. Rettig said it's being built on property the
County has owned for 111 years.
Vote No on New Jail Representative Aleksey Gurtovoy challenged the claim that the
Jail is overcrowded because of the population growth in Johnson County. He said the
Johnson County population grew only about 30% between 1982 and 1998. The current
Jail was built in 1981 and since then, he said the arrest and incarceration rates in Johnson
County have disproportionately increased. He said he has no explanation for why the
CJCC does not have these facts right. He said the CJCC is a group of people that have
been sitting together for a long time and have become isolated and have not heard others'
opinions.
Harney said retired UI Professor John Neff conducted the population study and
projected the growth that would occur. He said Neff's projections have been very
accurate to this point. Gurtovoy said that does not address the disproportionate
population growth in the Jail and he does not understand what caused it. Sullivan said
the Reagan Revolution started at the same time the Jail was built. Gurtovoy said that
may be the case, but he thinks it is very misleading and unethical to repeat statements of
fact that have not been double checked.
Rettig said part of the problem is that Gurtovoy is using a population of
approximately 90 people when the Jail was built for 46 people. The current conditions
are inhumane. The current Jail was built for 46 people when the population was
approximately 86,000, and now Johnson County's population is 133,000 and growing.
Informal Minutes: November 7, 2012/ page 8
Rettig said she cannot debate Gurtovoy's numbers because she does not know how he has
arrived at his. calculations. Gurtovoy said part of his point is that the number of current
inmates represents the current trend in the U.S. towards incarceration. He said building a
new justice center will ignore the local issues.
Curtin asked Pulkrabek for more information about the four inmates he spoke of
earlier. Pulkrabek said four of them had drug offenses in addition to either a felony or
aggravated misdemeanor. Furthermore, one of those four had escaped from captivity.
Curtin said this issue is about more than marijuana. The demographics in the holding
tank are black, students, homeless, and poor. He discussed his personal arrest record with
Pulkrabek. Curtin said was sentenced as an adult for a first - offense marijuana possession
and he received a 48 -hour Jail sentence probated by the eight or 12 hours he was in Jail.
If the Jail is not occupied with non - violent offenders, then there would be room in the
local Jail for the violent offenders. He said there is a diminishing amount of freedom in
Johnson County which he attributes to the change in demographics. Curtin said he was
falsely arrested for having less than 1 /10th of one gram of marijuana residue in a glove
box and those charges were dropped. He was also arrested for OMVWI while sober
because he had past charges and the police did not like his attitude. Curtin said the
justice center will never pass and time would be better spent addressing sentencing
guidelines and other issues within the community.
Hampel asked if someone could address the need for security in the Courthouse.
Rettig said they have a severe security problem in the Courthouse. She said criminals,
abusers, victims, judges, lawyers, and juries all entering through the same door, all using
the same elevator and bathrooms. No one has any idea who brings weapons into the
Courthouse. A minimal security entrance is imperative.
Iowa City Carpenters Union Representative Shane Merrick said 12 years ago the
proposed justice center would have cost $20 million. Since then the County has spent
half that cost on outsourcing inmates to other counties. He said as a Johnson County
taxpayer he would rather pay less money into the project now than more in the future.
John Deeth said he is Johnson County employee, an officer of the Democratic Party,
and a longtime opponent of the justice center who sympathizes with the arguments
presented against the justice center. However, he recently became genuinely convinced
of the need for the justice center because the community cannot function with the current
Jail and Courthouse. He said Champion's attitude concerning the new and the young
people in the community is a big part of why the justice center bond referendum failed.
The UI and the Iowa City City Council appear to be deeply committed to a long range
plan to crack down on the downtown Iowa City area.
Deeth said everybody has done a good job of presenting statistics that the Jail is not
full of college students. But voting against the bond referendum was the only way many
people felt they had to say that they do not care and want this to stop. He believes
Johnson County needs a new justice center and hopes they move forward with a facility
Informal Minutes: November 7, 2012/ page 9
similar to what was proposed. He said he thinks the Iowa City Council and UI are
committed to their own agendas, not to the community.
SET NEXT MEETING DATE
Sullivan said the CJCC subcommittees will meet and report back at the next CJCC
meeting scheduled for December 5th. They will publicize the CJCC subcommittee
meetings which are open to the public.
Adjourned at 6:21 p.m.
Attest: Tom Slockett, Auditor
Recorded By Nancy Tomkovicz
z
MINUTES PRELIMINARY
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
NOVEMBER 15, 2012 — 6:30 PM
HELLING CONFERENCE ROOM, CITY HALL
MEMBERS PRESENT: Andrew Chappell, Michelle Bacon Curry, Cheryll Clamon, Charlie
Drum, Jarrod Gatlin, Holly Hart, Jim Jacobson
MEMBERS ABSENT: Scott Dragoo,
STAFF PRESENT: David Purdy
OTHERS PRESENT: John Shaw
RECOMMENDATIONS TO THE CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order by Chappell at 6:30 p.m.
APPROVAL OF THE OCTOBER 18. 2012 MINUTES:
Hart moved to approve the minutes.
Bacon Curry seconded.
A vote was taken and the motion carried 7 -0.
PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA:
None.
STAFF /COMMISSION COMMENT:
None.
PUBLIC MEETING:
• Discuss and Review FY14 CDBG /HOME Funding Process Timeline
Purdy said the process follows the same timelines as in previous years. Applications are
submitted by the third Friday in January and there are 3 possible meetings -one in
February and 2 in March- to discuss and make recommendations.
Chappell stated that the second meeting in March is not required but is arranged,
if needed.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
November 15, 2012
PAGE 2 of 6
• Review and Approve FY 14 CDBG /HOME Application Materials
Chappell asked if anyone had changes they wanted to make to the applications.
Purdy said that staff is recommending that public facility projects be at least $50,000. He
also said the City Council has been emphasizing the City Strategic Plan and staff is
encouraging applicants to review the Plan. He said part of the application is the applicant
indicating how the project meets the City Strategic Plan. He said that's not part of how
the Commission scores the application, but he believes that City Council will be looking
at that.
Purdy reminded the Commission they have a lot less money to allocate this year.
Chappell asked what the current estimate is. Purdy replied that there will be $587,000
available after all the set asides. Last year the commission had carry-over money from
the previous year. He said last year they started with nearly $700,000 more to allocate.
Chappell said he is supportive of the changes in the application outline.
Chappell asked for a motion.
Drum moved to approve the FY14 CDBG /HOME Application Materials.
Gatlin seconded.
A vote was taken the motion carried 7 -0.
• Discuss and Review FY 14 Aid to Agency Funding Process and Timeline
Purdy said the applications were due at United Way October 31St. He said Tracy will
have them compiled for the Commission the first Monday or Tuesday of December, at
the next meeting the Commission will discuss it, and on January 17th the Commission
will review and formulate a budget for the $105,000 available.
Chappell said he thought they could use both December 20th and January 17th to discuss
the 22 applications. He said this is the first year the Commission will be getting the full
application. He said he believed that the application is not made solely for the
Commission, so he reminded the Commission that they don't have to study everything in
the application.
Drum asked if they will be some staff comments for each of the applications. Purdy said
they could do that.
Bacon Curry asked if there was some talk of not making this process so automatic.
Chappell said his understanding is that this used to be dealt with by sub - committee of
the City Council, and through that process became almost a status quo. He said they
have never received any specific guidance from Council to mix things up. He said he
doesn't think that everyone has to be funded, especially with the limited funds. Chappell
said from his perspective, if Council really wants the Commission to start taking a hard
look at whether all of these entities need to be funded, they should give the Commission
specific guidance.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
November 15, 2012
PAGE 3 of 6
Hart said she was uncomfortable about receiving guidance from Council. She said she
thought this Commission was chosen to provide some sort of insight into what services
the City is providing.
Chappell said the guidance he is looking for is from a policy level — whether the Council
wants the Commission to start over and look at everything, and if so, it would helpful if
either the City Manager or the Council could let the Commission know that.
Bacon Curry said last year there was a concern about looking at the applications with a
less automatic approval and the agencies have had no "heads up" or inkling that might
be the case. She asked if agencies are expecting the same funding this year.
Purdy said if the Commission wants the applicants to know there might be a different
review, staff will tell them as part of the applicant workshop.
Bacon Curry said it would be concern for her to pull the carpet out from under them.
Drum said it would be helpful to have a history of what the commission has
recommended for the two years they have been doing it.
Chappell said Commission members can have the binders with all the applications or
Tracy will make it downloadable.
The applications with no binders took the day with the exception of Chappell and Drum.
Jacobson asked if there is first a culling out at United Way or do they just send
everything to the Commission.
Chappell said there may be some applicants through the United Way that specify that
they only want to apply to the City or to the County. Purdy agreed that there were
several like that. Chappell said he doesn't think, though, that there is any culling out.
Chappell reminded the Commission that they can create an addendum to the application
or they can ask that additional questions be added to the application if there are things
the Commission may feel are germane to their process.
Consider Community Mental Health Center's Request for Project Revision
Shaw said he met with member of the Center's Board, people who were helping with the
fund - raising effort, and staff. He said initially they decided not to try to raise the extra
funds that would have been required for the elevator. He said they have come up with a
project that is absolutely focused on accessibility at the building, which was the intent of
the original CDBG grant. He said this new project concept takes the south portion of the
lower level of the building and makes it accessible off the south parking lot. He said the
concrete ramp on site is not compliant with the ADA. He investigated replacing it with a
new ramp, but it would have had to extend 36 feet back into the parking lot, when the
back retaining wall of the parking lot is 39 feet, 4 inches from the building. He said when
he proposed taking the ramp off, staff rebelled, saying they were lots of people who
wanted to use it even if it is non - compliant and could not get into the building without the
ramp. He said he intends to repair the ramp as necessary and put compliant hand and
guard rails on it and repair and maintain the existing concrete stairs as necessary. He
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
November 15, 2012
PAGE 4 of 6
said they will spend as little money as they have to on the ramp repair but what they do
is going to have to be a 15 to 20 year fix. Shaw said there would also be a new entry at
parking lot level into the south portion of the building and redoing the spaces down there.
He said the wood deck and stairs will be removed and new siding will be put on the
entire lower level, they will create a covered entry, and establish new windows on the
lower level to make the building more pleasing to look and get more light into the play
area. He said they will also have some benches out in back.
Bacon Curry asked if the back entrance door will be an automatic door in some way.
Shaw said they can do that, but whatever they do with it will be ADA compliant. He said
they will establish an accessible play therapy area and a waiting area and two
counseling rooms and restroom. He said the entirely of the project speaks to
accessibility, which was the original intent of the grant they were given. He said
everyone still thinks that an elevator was the best solution for this building, but given the
cost and age of the building, practicality won out. Shaw said his rough estimate is that
this project will be between $140,000 and $160,000.
Shaw explained that the CDBG grant was for $100,000. He said that some more
donations have come in. He said staff of Community Mental Health says their fund-
raising is not over yet.
Bacon Curry asked if there was still some intent to do a capital campaign.
Shaw replied that it had always been the intent to do a bridge loan even if the capital
campaign was not successful.
Bacon Curry suggested an automatic panel on the entry door. Shaw said he could do
that, but he wasn't sure how it would work with the outer storm door needed for weather
protection. He said he would think about that some more. He said he thinks what he is
proposing is a reasonable compromise to economic problem they were faced with, and it
does provide accessibility to the people who need to use the building.
Chappell said he is sold on this proposal and the way Shaw has solved the economic
and accessibility problems. He said he thinks this way will impact the entire building
more than just an elevator would have. He reminded Shaw that Community Mental
Health couldn't come back in a few years and say they had changed their minds about
the elevator.
Shaw said everyone involved is very clear on that.
Jacobson asked if there if anything on the second floor that people with disabilities would
need to access and, if so, is there a way to get them upstairs.
Shaw said the only people who might have disabilities that would use the second floor
are people who work there. The rooms on the lower level would be scheduled rooms so
when people who might have disabilities come to the Center, they will be scheduled into
one of these lower level rooms.
Chappell said he thought the aesthetic improvements on the back of the building are
nice.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
November 15, 2012
PAGE 5 of 6
Drum moved to approve the request for the project revision for Community Mental
Health.
Clamon seconded.
A vote was taken and the motion carried 7 -0.
Zimmermann Smith was not in attendance to give her monitoring reports.
FY12 Mayor's Youth — Rental Housing Monitoring Report
Chappell reported that they were budgeted at $99,800 and so far have spent $49,800.
He said in August 2011 they purchased the first of two lots for the rental homes project.
He said the lot is in Stonebridge Estates on 80 White Chapel Drive. He said construction
commenced September 1, 2011, and the house was converted on December 15th. He
said four residents have moved in as of July 16, 2012. He said the second lot will be
purchased in early 2013 with a target completion date of June 15th, 2013.
• FY12 Successful Living — Rental Rehab. Monitoring Report.
Chappell reported that they have $5,200.00 left in retainage of the $52,000 yet to pay
out. He said all the contracted work is completed. He said the paperwork is all they have
left to finalize. He showed the Commission photos of the work that has been done and
read descriptions of it all.
FY12 IV Habitat for Humanity — Owner - occupied Rehab. Monitoring Report
Chappell reported that Habitat received $42,000, and this funding was for the
accessibility of the ramps they were going to put on existing houses. He said they have
been turned down by a number of mobile home court owners who would not give
permission to build a ramp to code because they don't want any part of the ramp to be
off a sidewalk or a driveway. He said they now have three sets of portable modular metal
ramps that cost $7,144.00. He said they put a ramp at 1134 Wylde Green Road for
$650.48, one at 1205 Laura Drive for $732.44, and one at 2801 Highway 6, #159. He
said they have spent a total of $9,376.92 and have $32,623.00 remaining. He said it
appears there will be money coming back because Habitat is not going to spend the
remainder of the funding, which will go back into the big pot.
Bacon Curry asked if the funds were switched to ramps because they couldn't get the
weatherization done on trailer courts.
Chappell asked if part of the problem wasn't also asbestos issues. Purdy said that was
true.
ADJOURNMENT:
Bacon Curry moved to adjourn.
Drum seconded.
A vote was taken and the motion carried 7 -0.
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Page 1of13
Minutes
Human Rights Commission
November 20, 2012 — 6 P.M.
Helling Conference Room
PRELIMINARY
Members Present: Harry Olmstead, Orville Townsend Sr., Connie Goeb, Kim Hanrahan,
Diane Finnerty, Shams Ghoneim.
Members Excused: Dan Tallon, Jessie Harper, Howard Cowen.
Staff Present: Stefanie Bowers
This represents only a reasonably accurate transcription of the Human Rights Commission meeting of
November 20, 2012.
Recommendations to Council: None.
Call to Order:
Chair Olmstead called the meeting to order at 18:00.
Consideration of the Minutes of the October 1618, 2012 Meeting:
Hanrahan moved to approve minutes, seconded by Townsend.
Motion passed. 5 -0. (Finnerty not present)
New Business:
Youth Awards (May 15, 2013)
SB: The Englert is booking up quickly and so they actually contacted me maybe two or three weeks
ago, and so that's why the date is being selected this far in advance. So actually from an
advertising standpoint I think having a date this early is probably not a bad thing. This is a
Wednesday and the ceremony would be at 7 p.m. and more details to come.
Old Business:
World Human Rights Day Proclamation
SB: I submitted this to the city clerk for a review by the mayor, and as it stands now it's too many
words for what he would even consider at this point. So what we can do or what the Commission
can decide to do is to cut it down to 200 -250 words, that's basically the choice that you have.
Then it will be considered, but it's still not necessarily going to be accepted, but even for
consideration it has to be cut down. I believe that word number would approximately be about
one page. I did not bring copies for everyone just because I thought if anybody wanted to assist
on this matter I didn't need nine copies, but probably just those Commissioners who wanted to
assist with trying to get this down to one page. Another thing to consider is that it has to be
completed by Wednesday the 28"' to be considered for the December 4t'' city council meeting,
which would be the only city council meeting that would be near or around the December 10"'
date of International Human Rights Day. The council does meet, I believe, on the 18th also of
December, and certainly it could be considered for that date too, but if you wanted it before the
10"' then we would be looking at the 28`x' to submit it.
Page 2of13
SG: December 28"' is the deadline or November?
SB: November 28f.
KH: Is it three pages long or how many?
SB: Its two pages.
KH: Is that standard protocol for submissions?
SB: Correct. It surpasses the words allowed.
SG: I can help again and if anybody else would like to chip in.
SB: I can certainly do it, but the concern on my part is how I would determine what to leave in and
what to take out and as staff that would not be my role. So if somebody wanted to go through and
mark it up that's fine and then I can go from there.
SG: So do you think we can just do it via email and then send it?
HO: Can you send copies of that?
SB: I certainly can. So who is?
HO: Shams and I, anybody else want to work on it?
SB: Let me give you these two hard copies. I'll electronically send it tomorrow also.
SG: If anybody has suggestions please let us know.
SB: I should say the whereas is something that is standard protocol for proclamations.
HO: Any other further discussion on that? Okay update on reports and Human Rights Breakfast.
Updates/Reports:
Human Rights Breakfast
SB: I want to thank everyone for all your help. It's always a stressful event until about 8:29. It had a
good turnout and great honorees.
CG: The article in the Press Citizen was very complimentary I thought.
HO: Did you hand out the surveys yet?
SB: I have not yet. Basically what's going to happen this year is it's going to be a postcard where the
Commission thanks participants for their support of the breakfast, and asking for their continued
support. Basically we can't do it without you, and for further information about the Commission
or for upcoming events, please visit and I'll give the website. I think just to streamline things try
to make the survey more internet based than sending out standard mail.
Page 3 of 13
HO: Don't forget to add to reserve your ticket for next year check here.
CG: What is the survey? Do we usually have one?
SB: It's just how they liked the space that is used and how they felt the sound was, the quality of the
program and the food.
CG: Did we use to hand it out at the breakfast?
SB: No, last year they were sent an actual letter in an envelope and the card was pre - stamped and they
could send it back. We had a really good response, but it's just not as easy to do that anymore.
SG: One suggestion that just came to me is nametags. Maybe we should have some nametag blanks
because at certain times it would be nice to know who is there.
SB: Sure that makes sense. This is just kind of to think about, and I don't think we need to get into it
until early spring. The next breakfast would actually be the 30th anniversary of the Human Rights
Breakfast, and next year is also the 50'h anniversary of when the city started the Commission. We
might want to make it a little more spectacular. I'm not sure how to do that. It would be nice to
invite back all past honorees, however funding doesn't allow to give complimentary tickets.
SG: Maybe a discount, like a special guest rather than the $25, maybe $10 or $12 or whatever.
OT: How expensive is it to create a little booklet?
SB: I don't think it would be terribly expensive.
OT: We know it'd be expensive to give honorary tickets. We could have a little booklet that had all
the information about the history of the program, and then have pictures or inserts on all of the
past recipients.
SB: I'll check with communications, which used to be document services to see how much
information they have from before I started with the city because that is something I could get
working on early.
CG: Stefanie do you send out invitations to past honorees or any particular targeted marketing on past
honorees?
SB: If I have an address and I mean it depends, but there are a lot of past honorees that do get
postcards. I don't know if it's an invitation. I would call it more of a solicitation to attend the
Human Rights Breakfast. Past honorees the chances of them returning to the breakfast are
usually within I would say a three to four year margin of when they actually were recognized. I
do see that, but yes.
HO: Any other discussion?
SG: No, just the thought and please forgive me if I didn't notice. Do the honorees themselves have
nametags?
SB: No.
Page 4 of 13
SG: I mean I knew some of them, but they should have a nametag, and write honoree even on it.
KH: Could we include in that booklet perhaps key accomplishments of the past like four years or ten
years?
SB: Sure.
HO: Okay Immigration Subcommittee, Kim?
Immigration Subcommittee
KH: Stefanie put together a rough draft and Gloria and I got together and reviewed that. We're
meeting again next week and this is on the signage for the city offices to edit that or add additions
or deletions. The overriding recommendation would be all signs in Spanish quite frankly, but the
draft was maybe three or four pages long that included pictures of some of the key areas. Then at
the Ad Hoc Diversity Committee I don't know if you notice it in the back there was the idea
information, and that's what I was referring to.
SG: So would you say Kim that of course the majority are Spanish speaking, were there other
languages spoken from the groups that came?
KH: Not on our tour. We just really focused on the Latino population. There were some suggestions
for translation services though, and some of the departments that we went into the little sign was
either hidden or just not very visible. Folks aren't really aware that that's available perhaps.
That's such a huge thing to tackle because there are so many languages.
DF: It seems like it's a great project that the city could get also some goodwill about. Like was it
documented of you guys walking around the buildings and looking at stuff or? It seems like it'd
be a great photo op for the Press Citizen too.
SB: I mean Kim did a really good job of introducing folks to the staff.
HO: Anything else?
KH: Then just on the ID's, the universal ID's. That's one of the things that had come upon the tour
because it's already implemented in a number of other cities. There was some more information
on that that was in the handout. I'm not sure if we can move on that or how.
SB: I can check with the city clerk and I'll put a copy of it in the packet. I can mail it out email
sooner, but I will put a copy in the December packet. I'm not sure why it was included in that
packet, so I have to check myself because I'm not sure.
OT: When you say ID's what are you referring to?
KH: Well one universal ID that could be used throughout the county that would be accepted at the
library and at the rec center and at some of the other entities that What they asked for
then also would be consistent because documents.
SG: And that is for undocumented only or?
KH: No it would be citywide ID's for anyone to use.
Page 5of13
HO: At the Ad Hoc Committee forum they had a three page article about the ID system.
SB: I think maybe that was an Ad Hoc because that doesn't sound familiar to me.
KH: That might be why it was included
SB: Right.
OT: _ came in and at the public input _ support of it and gave a talk on ID's.
DF: I don't know the timing of it, but if it's relevant I'd propose that we take it up as a Commission
for our December meeting and make a vote and support a nod or has that already happened?
SB: No.
DF: That we could vote in support of the city moving forward on it.
HO: That's a good idea.
SB: I think that's what Kim is working on. I think she's working on a document that she can bring to
the Commission, so if you should get a call from The Gazette or the Press Citizen, any
Commissioner would be able to speak about the recommendation versus just the subcommittee.
KH: _ up to this point because we really were focusing on just the signage, but it came up through
the tours and then this additional information from the Ad Hoc Committee kind of brought it a
little closer too.
DF: So I guess I'd propose if it's not part of the recommendations that the Immigration Subcommittee
is bringing forward in December, that the Commission take up the issue of understanding the
issue and then voting on it in December?
OT: I had mentioned that there were several cities that had already used it.
KH: That's how it came up. There were several folks on the tour that had lived in communities where
they had universal ID's so. Do we have enough information to share?
SB: I'm going to guess that that was submitted by the person who came to speak to the Ad Hoc
Committee, so it wasn't really an endorsement by the Ad Hoc Committee, but more an
opportunity for the public to submit documentation or articles. So that's what I'm guessing,
that's why that was in that particular packet. I can certainly follow up with the city clerk, and I
can still electronically mail you that information that Connie is looking at tomorrow. I mean I
have that so it's not a problem.
DF: I might have some other stuff too from Sanctuary City Committee.
KH: Could you send it out to all of us then?
SB: Yes.
DF: Do I need to propose it for the December agenda or?
Page 6of13
OT: One of the things that I mentioned to the guy when he brought it up at the meeting, you know me
I'm always looking at the big picture. Right off the bat I could see some positives, but I was
wondering about what are the negatives that could have a negative impact on individuals if you
DF: That would be a good question to ask the cities that are doing
CG: Would this kind of ID be one that would be used you know somebody would have one ID that
they could take to different places like _ where normally you would have to take like a utility
bill or something. So if you had to get this card you probably would bring in a utility bill or some
proof of residence or something of that nature. You're thinking about proposing not just city
wide but county wide?
KH: No city wide. It'd be great if it could be county wide.
CG: Well if the city would consider it maybe then the county would too.
DF: My proposal isn't that we vote on it tonight, but that we put in on the agenda for December. I
think these questions may or may not be addressed in the materials. I think these are good
questions, but put it on our December agenda.
HO: I think one of the things that I think about will be cost. Who is going to bear the cost, be it the
city _ cost for the ID's or personal
CG: This note says that Enrichment, California, which is in Northern California. The program is
administered by a third party vendor at no cost to the city, but I would think that that would be
right for. I mean ... yeah that would just seem to be...
OT: I think basically you know I'm not sure but my first thought was that would be ideal, it would be
excellent for undocumented individuals because that's one of the big hurdles they have. If it
comes down that it's going to improve the situation then we can start looking for ways to make it
accessible to them.
KH: I actually think that it's convenient for people who speak all languages because documented or
undocumented because struggling with understanding our system to begin with. This way it just
eliminates some of the barriers to at least getting that ID card.
SG: What about people that come for say a fellowship at the University. They are here for like one or
two years and they leave. Would that also be available for them?
HO: I would think so. If they have residency here in the city I would think that would be the only
stipulation.
OT: They would have a University ID wouldn't they?
SG: I don't know.
DF: So does anybody have any opposition to doing it in December?
SG: No that sounds good.
Page 7of13
HO: Any further discussion? Okay Ad Hoc Diversity Committee, Orville.
Ad Hoc Diversity Committee
OT: We had a public input meeting Thursday. It was very well attending, you know cross section of
individual, non - speaking English and had interpreters there for the Latinos. I was disappointed
that there weren't that many individuals for the African American community there, but there
were a couple. I think we kind of missed out on that segment so we had our Ad Hoc meeting
yesterday. We're thinking that in order to be more user friendly we're going to try and get out
into the community places like the schools and we're looking at our options. We requested some
kind of ruling on the legality of kids in the schools because I know I'd be really upset if I found
out that somebody had met with my kid you know a situation like that without my permission.
So we got to check and see where we go with that, but we are definitely going to be getting out
into the community, and trying to get the information and the feedback that we need. Another
thing we talked about, well yesterday in our meeting the representatives from the Police Citizen's
Review Board were there, we met with them and it was a very good meeting, very productive.
We just kind of laid it out on the tables things like public distrust from certain communities. The
fact that we really need to work at doing a better job of educating our community about the law
and the police force. We talked about the review process and one thing that really kept coming
up was the fact that all appearance that the police department is policing itself because if you
make a complaint the police chief basically that's the first round. You meet with the individual
and then the officer and then he gives his recommendation to the Police Review Board. Then
they can do whatever they feel they need to do to get what they need. One of the things that we
came up with was in order to counter or eliminate that appearance of self you know patrolling is
that, well let me back up. One of the problems that we run into is with the union police when it
comes down to the individual who makes a complaint, the Police Review Board can meet with
that individual. But when it comes to _ officer, only persons have the right of the authority to
request that that person participate is the police chief or the person's superior. So supervising an
officer or...
DF: Is our force unionized here?
OT: Yes, or the city manager. Those are the only two people that have the authority to require that the
police officer participate. So the suggestion was made that maybe the city manager could sit in
on that session, and that kind of starts that _ that appearance of the police force totally you
know investigating itself. Another thing we came up with is maybe the process could be changed
so that a member of the Citizen Review Board would sit in on the meeting with the police chief
and the complainant. Again that's kind of getting in there you know.
SG: Would they accept do you think?
OT: Well you know this is, we have to make recommendations to the city council, so these were just
some things that we were kind of throwing out there. It's like we, I personally thought it was a
very good meeting. Everybody just kind of laid it on the table to kind of get a picture of what
we're dealing with. Of course not everybody agreed on what we're dealing with, but we
discussed it anyway.
DF: Was Kathy P_ there, the legal counsel?
Page 8of13
OT: -Yes I think her name was Kathy. It was a young lady and then the guy who chairs it. That's kind
of where we are there. So in the future we will be trying to set up meetings so that we can get out
into the community and see if we can get some individuals from the community be engaged and
share the concerns that they have.
KH: There was also the suggestion of focus groups.
SG: To do what?
KH: To get some information to the Ad Hoc Committee, so like the schools having small focus groups
and the neighborhood center having small focus groups so that it was less intimidating. Also
listening posts came up which I thought was kind of a neat idea. I know a few of the county
supervisors have listening posts. I thought it would be nice if we It's a way to get out
into the community and help them understand the work that we do.
HO: Stefanie you also appeared before the Ad Hoc Committee. Do you want to say anything about
that?
SB: I was invited to speak. They wanted to know about the process as far as the Human Rights
Commission, and then what the process is if there would be a complaint filed against the city. So
that's basically what I spoke on. I think that the reason I was asked to go there so that they had a
better understanding of how our office, you know I think at one time they thought maybe there
was more of a relationship there. But generally speaking if somebody wants to file a complaint
against a city department .... I try to be careful in my wording here so I'm going to slow down,
but because I want people to understand and realize that they have the ability to come to the
Human Rights Office here in Iowa City. What we would tell somebody is that we can help intake
this, but to avoid the appearance of impropriety, we would transfer the complaint out, but we
certainly are available to get people that information and to answer questions that someone may
have and things of that nature.
SG: So say party A had a complaint against party B, which is a department within the city. They can
come to the Human Rights Office, but wouldn't that be a conflict of interest at some point?
SB: Well we would just intake the complaint. We would not investigate the complaint. We would
transfer it out. Generally it would be the State, but it depends because sometimes it depends, but
generally speaking it would be the State. I don't think it's a conflict because all we're doing is
either giving somebody something or we take the complaint and then we transfer it.
OT: I was surprised that they seemed to have so much difficulty comprehending what you were saying
when you said that if someone comes to you and they have an issue with a landlord or a job
discrimination, then your department will deal with it. But if someone came to you and wanted to
file a complaint against the city that you know you wouldn't deal with that. You would basically
pass that on because of the impropriety. That seemed very simple to me, but it just kept coming
UP.
CG: Stefanie I'm not sure what your tenure has been here, but have you can you estimate have you,
how many you might have had like that?
SB: That's not something I could answer whether a complaint has been filed or not. That's not
something I would, that's part of the ordinance. Whether a complaint has been filed against a
business, educational facility, that's not something that I can disclose. Lots of times we receive
Page 9of13
calls like for example: my employer is doing this, have you had other complaints? That's not
something that I can disclose.
KH: I was surprised to find that there's really no tracking system for any officer complaint that would
have more than one complaint. Is that true?
OT: I don't know. I would hope that that's not true.
KH: I think that the last I had heard that that was the case and currently their system doesn't track
officer complaints because they have to put a number with that complaint right, and so they don't
have any way of tracking how many complaints one particular officer may have had. Is that so?
SB: You mean the PCRB?
KH: Yes.
SB: It's possible, I don't oversee the PCRB.
OT: The PCRB may not have that information, the police department has it.
DF: That's the point you put it in the PCRB statements right. So it's not just a personnel matter, it's
a...
SG: If it's a police matter isn't that confidential?
OT: But I think basically my understanding of it is when the police chief, that's his investigation with
the individual and the officer. Then he passes it on to the PCRB, and then they can request what
they want, and I think if they wanted to know how many complaints were against that individual,
they could request that information from the chief. I would say most likely the board would have
the authority.
DF: Would you recommend it as a system change? Would they have it automatically? That seems
like its relevant information.
OT: I would say it should, you know, but obviously I agree that anytime there is a complaint against
an officer one of the first things that should be looked at is what is that individual's history. I
can't guarantee that they're doing it. I know the information has got to be available, but whether
or not it's being utilized, I don't know.
KH: Then I wonder what consequences there are for repeat offenders if any.
SG: The issue is because it's almost like a university issue; you know we're sort of in the middle of
something similar. What constitutes confidential information, which is personnel versus the right
of the individual that is issuing the complaint?
OT: The biggest thing about confidentiality in this situation is that it's a personnel matter. You know
so it's kind of, I would say that's a delicate area because I would think that yeah we really need to
know how many complaints this person has had against him, but at the same time that gets into
the personnel arena so you don't know what your rights would be to get it.
Page 10 of 13
DF: It could be depending on who gets to know it, like is it the PCRB gets it and the public doesn't.
The PCRB serves an investigatory role. They would be granted it seems like extension.
OT: A good question though, and in the next meeting I'll ask that question to the city attorney. You
know is that something that could be included automatically where there is a complaint, is that
the information that we looked at in terms of complaints that the person had.
SG: Here's another question. Say the board recommended a specific recommendation against a
specific officer. Does the police department, does it have the choice whether to do it or not, to
follow that recommendation or not? What's the final outcome? Okay they did the investigation
and found officer A there was just cause okay. So they go back to the chief and tell him or her
that, and then what?
OT: I would think that what happens is once the Police Review Board comes to its conclusion and
makes recommendations to the chief, and then the chief would probably follow that, except you
know if the officer doesn't agree. He or she can always appeal or if the chief chooses not to do it
he doesn't have to. The Review Board is just an advisory board.
SB: The annual report, which should be available online, would give an overview of the process and
that may answer some of these questions also.
HO: Any further discussion?
Building Communities
OT: We met this morning and where we are is we're trying to branch out to the community and
identify individuals that want to work with us. We want to form a group to actually look at issues
in the black community, and basically set some programming in place. One of the things that we
hope to do is get parent citizens involved. So that's kind of where we are, so we are in the
process of identifying individuals and we're planning to have a function in January where we'll
invite everybody and give our spiel and see how many people we can get to buy in on it. Then
once we get that established and then what we hope to be able to do is sit down with the group
and kind of discuss what we want to do. You know what issues we want to deal with and get a
commitment from the group. We've been talking about various things in our committee about
what we think needs to be done, but we decided that we would hold off until we actually get the
group formed because we don't want to set a direction that we're going to take, and then go on
with the people on board. It would be much more productive if we waited and let the people who
are going to be involved decide what the group is going to do as a whole.
HO: Any further discussion?
University of Iowa Center for Human Rights
HO: I can speak to that. As you all know the University Center for Human Rights is a target by the
Provost Office to be closed next year. Several things have occurred. The executive board has
met and formulated a sub - committee to save the Center for Human Rights, and I'll pass out the
fact sheet that we put together. There has also been a student organization that is recognized by
the University to save the Center for Human Rights. I want to point out that on December 5d, at
3:00; it's a Wednesday at the Pentacrest they are going to have a protest to save the center. They
also ask that you sign the petition online and the address is on the sheet. They are also sending an
Page 11 of 13
email to Sally Mason. They brought up the email that we sent. They were very pleased with that
and they want to see more letters to the editor. The Provost Office is taking a lot of heat on this I
understand from several areas, and the Provost has asked to meet with the executive board and we
are trying to set up a date for that.
SB: You were talking about the Provost Office and how they've been viewed.
HO: They want to meet with the executive board and we're working on setting up a date for that. As
of right now the School of Education has agreed to accept the Certification Program in Human
Rights that has been offered. The School of Law is going to take over the Camille Internship
Program. Burns Weston who is affiliated with the School of Law has got them to agree to keep
up the website that has a large hit on it daily, and they're going to keep that up. So this is just
moving right along and there are more ideas that are being generated and planned. They are
talking about having a 24 week movie night, a movie on human rights each week for the next 24
weeks till the target date of the center closing to get people more aware of human rights on the
campus. So there are a lot of things being generated. Any questions?
DF: I think the email address they are using at the bottom is incorrect.
HO: This is what was sent to me.
DF: Do you know who did it? What they've got is Provost Butler's hawk ID, but not his email
address. It should be Patrick- butler(&uiowa.edu.
HO: Okay thank you. Any other concerns or questions? I understand the Library Board is looking at
the One Community, One Book as a possibility to be picked up at the library, but right now we're
not calling it quits and rolling over just because Provost says that we have to.
OT: I thought that the award that was given to the center was very tasteful and very timely.
HO: The students are also talking about the possibility of a sit -in. I'm not sure exactly where. They're
talked about Sally Mason's office. They talked about the Provost Office so.
Reports of Commission
SG: Nothing
CG: No
KH: Just one thing. I was really sad, I was watching a city council meeting and sad to hear that the
Grant Wood skating program is no longer in existence because they couldn't control what was
happening out on the playground. So this was every Friday or Saturday night they had open gym
and open skating at Grantwood Elementary. It was a community, I think it was or
something. It's been going on now for over a year and it just finally on the decided to close
it down because of the unruly behavior of the students outside of the gym and the many calls to
the police.
OT: No
DF: Nothing
HO: I don't have anything at this time.
Page 12 of 13
Reports of Staff
SB: The status of complaints should be the last page in the packet. I want to mention that our own
Harry Olmstead was recently recognized, and I hope I have this correct, by the Iowa Chapter of
the National Rehabilitation Association.
SB: Do you want to talk about getting the award?
HO: I was given the Craig Woods Award. Craig Woods was a vocational rehab counselor who is
blind I understand and did a lot of active work in the community. So they named an award after
him and they recognized someone with a disability that has been active in the community. It
hasn't been awarded for four years, that's what they told me, so I was quite honored to receive it
this year.
SB: So the Iowa Chapter of the National Rehabilitation Association. Then I want to mention that
there were vacancies on the Commission and those have been filled. One is by our own Harry
Olmstead, who was actually filling an unexpired term. So now he gets to come back and serve
again. Then the other is Joe Coulter, who I believe is a professor at the University. The third
appointment Katie Anthony who is the program director for the Iowa City Association of
Realtors. I worked with her before for fair housing conferences and stuff. I think that's all.
SG: When do they start?
SB: Technically January 1, 2013.
HO: Who is the second person, the woman?
SB: Katie Anthony.
HO: Our next regular meeting is scheduled for December 18, 2012.
Adjournment:
Motion to adjourn at 18:49.
Next Regular Meeting — December 18, 2012 at 18:00.
Page 13 of 13
Human Rights Commission
ATTENDANCE RECORD
2012
(Meeting Date)
KEY:
X = Present O = Absent
O/E = Absent/Excused
NM = No meeting /No Quorum
R = Resigned - = Not a Member
TERM
10/1
11/2
12/1
NAME
EXP.
1/17
2/21
3/20
4/17
5/15
6/19
7/17
8/21
9/18
6
0
8
Dr. Howard
1/1/13
X
X
O/E
X
O/E
X
O/E
X
O/E
X
O/E
Cowen
Constance
1/1/13
X
O/E
X
X
O/E
O/E
X
X
X
X
X
Goeb
Harry
1/1/13
X
X
X
X
X
X
X
X
X
X
X
Olmstead
(8 -1 -2010)
David B.
1/1/14
X
O/E
O/E
O/E
R
R
R
R
R
R
R
R
Brown
Diane
1/1/14
O/E
X
X
X
X
X
O/E
X
O/E
O/E
X
Finnerty
Orville
1/1/14
X
X
X
X
X
X
X
X
X
X
X
Townsend,
Sr.
Henri Harper
1/1/15
O/E
X
O/E
R
R
R
R
R
R
R
R
R
Kim
1/1/15
X
X
X
X
X
X
X
O/E
X
X
X
Hanrahan
Shams
1/1/15
O/E
X
X
X
X
X
X
X
X
O/E
X
Ghoneim
Jessie
1/1/15
-
-
-
-
-
O/E
X
X
O/E
X
O/E
Harper
(Appointed
6-5-12)
Dan Tallon
1/1/14
-
-
-
-
-
-
-
X
X
X
O/E
(Appointed
7- 31 -12)
KEY:
X = Present O = Absent
O/E = Absent/Excused
NM = No meeting /No Quorum
R = Resigned - = Not a Member
IP11
PLANNING AND ZONING COMMISSION PRELIMINARY
NOVEMBER 8, 2012 — 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Stewart Dyer, Charlie Eastham, Anne Freerks, Phoebe
Martin, Paula Swygard, John Thomas, Tim Weitzel
MEMBERS ABSENT: None.
STAFF PRESENT: Robert Miklo, Karen Howard, Sarah Greenwood Hektoen
OTHERS PRESENT: Jeff Miller, Mary Gilbert, Edie Thomason, Jim Buddenbaum, Sue
Ford, Ed Wasserman
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 7 -0 to recommend approval of REZ12- 00025, an application
submitted by Jeff Miller Construction, Inc. for rezoning from a Low Density Single Family
(RS -5) zone to Low Density Multifamily (RM -12) zone with the following conditions: a
detailed landscaping plan shall be submitted for design review, illustrating a minimum 20
foot landscape buffer between any developed portion of the property and Hickory Hill
Park; the landscaping plan should include a variety of deciduous and evergreen shrubs
and trees that effectively screen view of the development from the park; in order to
ensure safe vehicular access to the development, development of the property should be
consistent with the proposed site and concept plan with regard to the location of the
building, parking, and driveway access to 18t Avenue.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
COMPREHENSIVE PLAN ITEM REZONING/ ITEM
Set a public hearing for November 15 to amend the Comprehensive Plan to adopt the
Downtown and Riverfront Crossings Plan as an element of the Comprehensive Plan.
Freerks opened public hearing.
Freerks closed public hearing
Eastham moved to set the public hearing for November 15th.
Dyer seconded.
Planning and Zoning Commission
November 8, 2012 - Formal
Page 2 of 12
A vote was taken and the motion carried 7 -0.
REZONING ITEM
REZ12- 00025: Discussion of an application submitted by Jeff Miller Construction, Inc for a
rezoning from Low Density Single Family (RS -5) zone to Low Density Multifamily (RM -12) zone
for approximately 1.02 -acres of property located on 1 st Avenue, north of Rochester Avenue.
(45 day limitation: Nov 10, 2012)
Howard said at the last meeting both the Commission and the public had some questions about
various issues. She said in regard to storm water drainage, when the property is developed it
will have to go through a major site plan review and at that time the City will review the
proposed development to ensure that it meets all City codes and requirements, including
meeting requirements for stormwater management. Howard handed out copies of the site plan
standards to the Commission. She said the storm water drainage will be reviewed by numerous
departments of the City including the Building Department and the Public Works Department.
Howard said with regard to traffic safety, staff still believes that this proposed rezoning will not
significantly impact traffic speed and congestion. She said staff forwarded the concerns
expressed by the public at the last PU meeting to the Police Department. Those that spoke at
the last meeting were invited to a meeting with the City transportation staff. As a result of these
complaints, the police department indicated they would direct officers to utilize the speed trailers
and provide extra patrol for speed control in this area to help address speeding issues along this
section of 1 st Avenue.
Howard indicated that there were also concerns expressed at the last meeting about tree
preservation, landscaping and the building setbacks. She said the proposed building footprint is
about 10,500 square feet. She said the building coverage as proposed would be about 24
percent of the lot. She said the maximum building coverage allowed in the RM -12 zone is 50
percent. She said the proposed underground parking will help minimize the area of the lot
covered by pavement and building. She said they are also including some extra parking for
residents and guests since there is no street parking along 1 st Avenue. Howard said her rough
estimate of what would be covered by proposed driveway and parking comes to 3800 square
feet, which makes the building and parking coverage on the lot about 32 percent. She said the
zoning code also requires street trees to be planted at the time of development at one per 30
feet of linear frontage for small trees or one tree for every 40 linear feet if they plant large trees.
She said there is also a residential tree requirement for multifamily development of one tree for
every 550 square feet of lot coverage, so approximately 20 trees would be required for this site
based on the size of the footprint shown on the concept plan. She said the zoning code
encourages the preservation of existing trees by giving extra credit for saving existing healthy
trees. She noted, however, that the trees that are on the property currently would not rise to the
level of meeting the sensitive areas ordinance for preservation.
Freerks asked if credit is given whether or not the City Forester finds them to be of a certain
quality. Howard answered that the residential tree requirement is intended to ensure that a
certain minimum number of quality trees are planted or preserved on multi - family residential
properties to enhance the quality of life of the residents. For that reason, trees proposed for
preservation are inspected to ensure they are trees that are of a quality that will both survive
during construction and thrive for many years. If existing trees appear to be healthy and of good
quality, the City will allow the trees to count for one or more of the trees required.
Thomas asked if the property to the south complied with all standards in respect to the
Planning and Zoning Commission
November 8, 2012 - Formal
Page 3 of 12
treatment along the north property line. Howard said that the development was approved
according to City standards and according to the standards in the sensitive areas ordinance.
She noted that the property was difficult to develop because of the amount of sloping wooded
land on the south side of the property. As a consequence, a sensitive areas rezoning was
required and certain modifications to the underlying zoning requirements were granted by the
Commission and the City Council in order to better preserve the wooded slopes on the site.
She said it went through a number of design iterations in the process of trying to preserve the
most sensitive steep and critical slopes on the south side of the property. She said the building
was allowed to exceed the height limit and was shifted to the north, and any trees that were
there were in that location were taken down in order to build the building.
Freerks asked if there were trees on the south that were preserved. Howard said there were.
Thomas asked if the shift of the proposed building complied with these standards. Howard
replied that it complied with the sensitive areas ordinance because the concern was preserving
the wooded slope to the south. She said with that shift to the north part of the property, it sits
very close to the property line.
Howard noted that the width of the current property proposed for rezoning appears sufficient to
achieve an approximate 20 foot setback on both the north and south sides of the building.
Freerks opened public hearing.
Jeff Miller said he had consulted with MMS Engineers in regards to the plat and the elevations
and the trees. He said they should be able to keep the trees toward the front of the property but
it was likely that at least two trees would have to be taken down. He said he didn't consider any
of the trees on the site of quality, but they were going to try and keep any healthy trees they
could that won't be damaged by the development. He said they want to stay as far from the
retaining wall on the adjoining property to the south as they can. He said he had talked to his
engineer with regard to the drainage and it's difficult to know what you'll find until you start to
dig. He said whatever it is they find, they will have to deal with it and find a system that will let it
drain well and function properly even in a wet year. He said he would follow the engineer's
suggestions.
Eastham asked staff if there is room between the proposed building and the building to the
south to replace any trees. Howard said the applicant is allowed to design their site with
landscaping in a way that fits their building and their site. She said they are required to provide a
certain number of trees on the site, but there is not a requirement to screen one residential
building from another.
Mary Gilbert of 918 Bluffwood Drive said she believed that the development would not meet the
planning principle for preservation of natural features as mentioned in the City Code and the
comprehensive plan. She asked the Commission to reject the application for rezoning because
the development would not be consistent with the environmentally sensitive nature of the
property under review and the difficulties inherent in developing a multifamily structure of this
size; would have deleterious effects on Hickory Hill Park; and disturb the surrounding
neighborhood by increased traffic due to insufficient on -site parking.
Gilbert read from the City website about the neighborhood planning principles of providing
green, open space areas as buffers between urban development and sensitive features and
incorporating and maintaining a green, open space buffer between Hickory Hill Park and urban
development to preserve the natural integrity of the park, and treating environmentally sensitive
Planning and Zoning Commission
November 8, 2012 - Formal
Page 4 of 12
areas as amenities." She said it also suggested on the website that ... "further concentrations of
apartments are to be avoided and that apartments and townhouses be compatible with
neighborhood architecture in terms of design and scale." Gilbert questioned whether approval of
the rezoning would stray from the ideals expressed in the plan.
Gilbert said the northern boundary abuts the southern boundary of Hickory Hill Park, therefore
any development of the lot in question will have some effect on the park. She said the ways a
multifamily building will affect the park are unknown. She said because of the special character
of the site under review it's never been developed and is possibly part of a prairie remnant that
lies a few hundred feet to the north. She asked what degree a critical slope has to be. Howard
said that slopes exceeding 18 percent are considered to be critical.
Gilbert said if some of the slope is 18 percent or greater the property will be have to be reviewed
for sensitive land and features according to the City Code. She said to squeeze a building of this
size and conform to the setback, earth will have to be moved, and there are a number of
restrictions about this in the Code. She mentioned some other restrictions from the Code.
Gilbert said another serious concern is parking in the neighborhood. She said because the
developer must provide additional parking spaces for guests, it will mean moving more earth
and using additional concrete, which means more run -off. She said if no additional parking is
provided, guests will have to either park in the Hickory Hill parking lot or along Stuart Court and
Bluffwood Circle, both of which have no outlet, which means more traffic as every car entering
would have to drive to the end of the street to turn around. Jeff Miller said their hope is that they
will have 42 parking spots as the concept plan develops, and he thinks that is ample for the 16,
2- bedroom units proposed.
Edie Thomason of Stuart Court said one of her concerns is that the proposed building will have
16 two- bedrooms and that makes potentially 48 people with maximum occupancy of three
people. She said that would make a lot of additional population in that one acre of property. She
said there could be children in that building, and with the slope there is no place for them to play
except the sidewalk and the street. She said she is concerned that the storm water will drain
into the park, as after a rain it stays wet for several days, and with additional drainage from the
subject site there will be erosion and mud and will render the park less usable. She said there is
already a zoning ordinance in place for low density and she thinks that should remain. She said
she thinks that 16 units are too much for one acre.
Jim Buddenbaum of 557 North 1St Avenue said he bought his property because from his view on
an upper story, he couldn't see anything manmade. He said he thinks staff is seriously
underestimating the impact of the water that runs through the subject property. He said rain
from the Regina parking lot comes through his property and perpetually keeps the property wet.
He wanted to know how many parking spots would be inside. He said his real concern is the site
plan and a building that will virtually sit in his living room. He would like to see the building
moved as far away as possible from the retaining wall on his property. He said he knows most
of his comments are personal and emotional, but he feels strongly that this is a project that
should not happen here. He is very much opposed to it.
Freerks asked Howard to talk about the path this item will take and at what point the City checks
in again on it. Howard said the only action before the Commission right now is a request to
rezone the property from RS -5 to RM -12. She said when the applicant is actually ready to build
a building, he will need to bring in detailed construction drawings and a site plan that meets all
the Building Code and site plan requirements. She said the site plan review process is a way for
the City to check to make sure that the proposed development meets all the zoning
Planning and Zoning Commission
November 8, 2012 - Formal
Page 5 of 12
requirements, including the sensitive areas ordinance. She said if the applicant's engineer finds
that there are a significant number of critical slopes on the property and they are disturbing
more than 35 percent of them, then the item would have to again come before the Commission
for review. Otherwise, the site plan would be reviewed administratively by City staff.
Sue Ford of 616 North 1St Avenue directly across from the subject property said she doesn't like
the idea of draining all that water into Hickory Hill Park. She agreed with Thomason that after a
not particularly heavy rain, some of the trails become very muddy and there's already a lot of
erosion along many of the trails and many of the bridges are washed out in their footings.
Howard said the water will have to drain to the City storm sewer.
Ford said she has questions about what kind of housing this will be and the neighbors and the
Commission should be concerned because no one really knows what is proposed. She wanted
to know what kind of information the Commission uses to grant a rezoning and what triggers the
change of zoning. Freerks said one thing the Commission does is look at whether the rezoning
will be consistent with the Comprehensive Plan.
Greenwood Hektoen said the Commission's purview is to consider applications for rezoning
according to the Comprehensive Plan, which sets forth the goals and vision for how a
neighborhood develops.
Freerks said the Commission does not ask who is going to live where and is not allowed to
discuss that. She clarified that the zoning really has to do with the number of units that can be
built. She said that certain conditions can make it impossible to build the number of units
proposed, so there can be many variables.
Howard said the RM -12 zone is the low density multifamily zone, which would grant the right to
build whatever is allowed under that zoning designation. She noted that all the properties across
the street are also zoned RM -12 and contain duplexes because the zone also allows single
family, duplex, townhouse and multifamily.
Ed Wasserman of 555 N. 1 St Avenue showed photos of the property from his home. He said all
the trees on the north side of the lot provide a lot of cover and block the view to the north. He
explained that only two of all the trees are on his property. He said the way the proposed
building is sited, the developer could take every tree except those two. He said removing the
trees means removing a lot of earth by the retaining wall, and that will exacerbate the existing
drainage problem. He complained that the way the plan is now, a very large building could be
put nine feet from that property line. He said the top floor of the proposed building will be about
level with the first floor of his building. He also mentioned that dirt will have to be removed
almost up to the track at Regina in order to get this proposed building set in the hillside, which
will let the storm water run directly into the proposed building.
Gilbert asked if anyone has recently found any of the pins of the park. Freerks explained that
would happen when it is developed, and is a legality that has to be dealt with.
Gilbert asked who is responsible for paying for a surveyor to tell the neighbors what the
elevations are. Howard said when the applicant submits a plan for their building they will have to
submit a site plan and their engineer will have the topographic lines marked on it and will
indicate any areas that have sensitive slopes.
Gilbert asked if the Commission is legally able to rezone without taking into account the slopes.
Freerks said they are.
Planning and Zoning Commission
November 8, 2012 - Formal
Page 6 of 12
Howard explained that the applicant will have to meet all the City ordinances including the
zoning ordinance and the site plan review ordinance.
Freerks said that the rezoning itself doesn't mean that everything gets a green light because
there are a number of requirements that have to be dealt with before a site plan is approved.
Gilbert said what if the developer pays out all this money and then the property is found to be
unbuildable. Howard said that is the risk the developer has chosen to take.
Gilbert asked if the requirements that were put forth on the City's website will come into play.
Howard said the zoning requirements and building code requirements come into play when the
applicant brings in building and site plans and has to show how they've met all the City
requirements.
Freerks explained that if it's, for instance, a 20% slope, that doesn't mean it can't be built upon,
but rather that certain requirements must be met.
Howard provided an example by explaining why the building on the adjoining lot was zoned
OPD /RM -12. She explained that the amount of the slopes that were proposed for disturbance
exceeded a certain threshold, so it had to go through the planned development rezoning
process. Similarly, she said if it is found that the subject property exceeds a threshold of 35
percent of critical slopes being disturbed, they will have to go through another rezoning process
before the Commission. She said if they are not disturbing more than that threshold of critical
slope they can go through an administrative review process where the City staff would look at it
to make sure that the building is sited so the drainage is properly designed to accommodate the
slopes of the property.
Gilbert said the fact that the subject property abuts onto the park, which is City property, it
seems that there are two different factions with different agendas. Freerks said at some point
development does happen adjacent to public lands, and it's not uncommon during a rezoning
for people to come forward to express that they thought, or their realtor had told them, that a
subject property would stay a green space. She said that unless the City purchases a property,
the owners have certain rights to develop a property.
Freerks closed public hearing.
Weitzel moved to approve REZ12- 00025, an application submitted by Jeff Miller
Construction, Inc. for rezoning from a Low Density Single Family (RS -5) zone to Low
Density Multifamily (RM -12) zone with the following conditions: a detailed landscaping
plan shall be submitted for design review, illustrating a minimum 20 foot landscape
buffer between any developed portion of the property and Hickory Hill Park; the
landscaping plan should include a variety of deciduous and evergreen shrubs and trees
that effectively screen view of the development from the park; in order to ensure safe
vehicular access to the development, development of the property should be consistent
with the proposed site and concept plan with regard to the location of the building,
parking, and driveway access to 1st Avenue.
Thomas seconded the motion.
Freerks invited discussion.
Planning and Zoning Commission
November 8, 2012 - Formal
Page 7 of 12
Eastham said in the staff recommendations from the previous packet, staff recommends a
conditional zoning agreement requiring detailed landscaping plans. He asked if they could
consider amending the motion that was before the Commission to add a condition about a
setback on the south side of the property.
Weitzel and Freeks said if Eastham wanted to specify an additional condition, it should be
added to the motion.
Freerks asked if they are saying that they want the access to be butted against the north portion
of the property as a sketch shows. Howard stated that she believes there is enough lot area to
also have a 20 foot setback on both the north and south side of the building, but without exact
building plans it could not be determined for certain at this point.
Eastham asked what the motion is in terms of the building's location on the south side. Howard
replied that their recommendation is that generally the building and the driveway be sited so the
driveway is at the north end of the property so it has the best sight distance for drivers entering
and exiting the property.
Eastham reiterated his question. Howard said that judging from the concept plan, there could be
approximately 20 feet from the proposed building to the south boundary of the site.
Eastham asked if they know how far the proposed building will have to be set back from the
south property line in order to preserve the existing large trees. Howard said she couldn't
answer that question because typically you would have to set the building far enough back to
save their root systems. She noted, however, that when a detailed site plan is submitted, the
applicant will have to identify which trees will come down and which will be preserved. At this
time, however, it is not known.
Weitzel said he thought they were getting into areas that should be reserved for site plan review
and due to lack of details about the building design the Commission could not determine those
at this time. He asked if they shouldn't be focusing on the rezoning instead.
Eastham agreed, and said at this time he was trying to determine if there were additional
conditions they should add to the motion.
Thomas said he would like to see the detailed landscaping plan include a review by Friends of
Hickory Hill Park Board. Greenwood Hektoen said she thought it would be difficult to establish
what criteria they would be able to review it on and what sort of powers they would have. She
said it would be unusual to have a third party approve, let alone review, the plans.
Thomas said the Board has some expertise in the selection of plant material that would go into
that screening. Greenwood Hektoen said she would caution against it because this is private
property and is not part of the park.
Eastham asked if it is possible for the public and the Hickory Hill Park Board to give input
regarding the final site plan. Greenwood Hektoen said she would recommend against doing
that.
Howard said the question is whether this rezoning would pose a problem or externality such that
it would warrant imposing an additional requirement on this applicant. Greenwood Hektoen
added that the conditions that would be included in a Conditional Zoning Agreement need to be
tied to a public need being generated by this rezoning, and the rezoning applies to the density,
Planning and Zoning Commission
November 8, 2012 - Formal
Page 8 of 12
not the building.
Howard said right now the property has the rights to be developed for single family development
or Regina could use it to put their driveway next to the park where they have an easement and
there would be no scrutiny of those actions. She said in the staff memo she had said that
preserving the trees on the site is a good idea and the applicant should take that into account,
but the question is whether the lack of trees and landscaping that was preserved on the
adjacent property is something that this property owner should have to remedy when they build.
Eastham said he generally agrees with Howard's viewpoints. He added that he thinks Thomas
has an interesting suggestion, but he has a problem with asking a third party to review the
landscaping on any property without a formalized way of doing that.
Thomas said he would not add that as an amendment to the motion. He said he assumed the
Parks Department will be part of the review process. Howard said site plans are reviewed by
City staff, but are public documents that can be viewed by anyone. She noted that the City is
always open to good advice, but allowing a third party review powers is problematic.
Eastham said his concern about this rezoning request has to do with the reasonable
considerations asked by the people living just to the south that existing trees be preserved if
possible to preserve the views they now have. He said one of the factors that may make that
more difficult is that the plan to also have a buffer between the parking lot of the proposed
building and the park. He said he would like to see more consideration given to preserving the
views of the building to the south of the subject property rather than providing a buffer to the
park. Eastham said he doesn't think that a 20 foot buffer there is going to accomplish much, and
he doesn't think the size of the proposed surface parking area is really necessary for the
intended use right now. He said he is only making suggestions, not asking that they be included
as an amendment to the motion.
Thomas asked what the required setback is against Hickory Hill Park. Howard replied that the
minimum setback for a parking area is 10 feet and screening must be provided for the parking
area. He said he is sympathetic to Eastham's comments. He said he thinks that the park itself is
a buffer, which isn't saying that this isn't a balancing act. He said the question is the use of
those setbacks. He said the distance from the northern property line of the subject property to
the southern trail in the park is about 175 feet so it's some distance away.
Dyer said there are lots of other buildings visible from inside the park.
Weitzel said it is difficult for him to articulate specific standards for the park if it's not part of a
design plan that's already in place and part of the Comprehensive Plan because otherwise you
start asking if this is a natural park or not. He said Central Park was supposed to be completely
natural, and lots of rock was moved to make it. He said it would be hard to articulate the
definition of natural in a Conditional Zoning Agreement.
Freerks said she thinks there is value to small pockets of trees like those along the southern
boundary of the subject property and these are a benefit to both the tenants of the proposed
building and the adjacent building, so she finds some value in trying to maintain that buffer. She
said it takes a long time to grow trees like these and from the beginning of this project she would
like to see as many of those trees maintained as possible, and she thinks the applicant agrees
with that. She said she's not sure they can tie that to the rezoning but what the Commission can
do is outline ideas and concepts, as they have been talking about here, with the hopes that City
staff and the developer will take them into consideration. She said regardless of what the City
Planning and Zoning Commission
November 8, 2012 - Formal
Page 9 of 12
Forester says about the trees, she thinks they are worth keeping.
Weitzel said many of the questions that have come up regard the City standards and if they will
be met. He said they will be met because it is City staff's job to make sure that everything from
the Building Code to the Site Plan Standards are all met. He said that what the Commission
does is determine if a property owner's constitutional right is being upheld and if they are
allowing someone to do what they want to do within the standards. He said what the
Commission has looked at is the Comprehensive Plan and that's all they can look at.
Thomas said he is concerned with the standards as they exist now in that the property to the
south is placed in such a way that it's dependent on what happens on the adjacent property to
create screening.
Weitzel said they had that choice when they built that property.
Thomas said that the City standards allowed it and if the City standards allowed that, there is a
flaw.
Weitzel countered that the Commission had to meet other standards like the wooded slopes to
the south of that property.
Thomas said the project itself could have been adjusted. He said he's just really concerned that
the project was developed in such a manner that it's dependent on screening on the adjacent
property in order to maintain its integrity.
Swygard said she understands what Thomas is saying but she doesn't think the rezoning of the
subject property needs to be responsible for the trees.
Thomas said what he is concerned about is that perhaps there is a problem with the City's
zoning looking ahead so that they don't find themselves in this position again.
Weitzel mentioned that on this application the developer has said that he is committed to trying
to do what he can to save the trees.
Freerks said she thinks the idea with the previous building to the south was try to maintain and
keep as many of the trees on the critical slopes to the south as possible, so the building was
shifted to the north. She said there was a great value placed on that by the community. She said
over the years, hundreds of buildings in town have been placed very close to other buildings.
Weitzel said he sees some evergreens in a photo that he thinks will meet most of the S -3
standards for screening.
Eastham said in regard to the observations made about surface water running over the subject
site in his view they have established that there is no probability of surface water from this site
causing property damage to the south, since that property is uphill from the applicant's property.
He said it's been very clearly shown by staff that it won't happened because of the topography.
He said that surface water from the subject property will have to be routed into the City storm
water drainage system, which will empty into Ralston Creek. He said that he thinks any
problems in developing this site caused by surface water on the site is a difficulty the developer
will have to address. Eastham also remarked on the traffic on 1st Avenue saying that in his view
the traffic coming from the proposed development will not materially affect existing traffic or
congestion or speeds on 1 St Avenue. He did say, however, that he believes those concerns are
Planning and Zoning Commission
November 8, 2012 - Formal
Page 10 of 12
legitimate. He stated that he would be happy if the Commission would note to the City Council
that the issues of congestion and traffic speed along 1St Avenue have been raised in conjunction
with this application and ask the Council to consider dealing with those as separate issues.
Martin said any type of housing on the subject property will still have the same issues to deal
with. She said the builder is going to have to build what works. She said she doesn't know if
there is any difference in the RS -5 and the RM -12 zoning for this property because the
developer can only do what the land allows. She said she's not opposed to development, but
she would like to see it imitating what it's near and acting as another buffer between the park,
although she'd like fewer stories on the building. She said she doesn't think, though, that the
zoning really dictates that because you could build a gigantic single family dwelling or multiple
houses.
Freerks said potentially there could be four or five single family homes on the property if you
could fit them in. She said although they don't always get the maximum, it could be built on quite
aggressively even without this rezoning.
Martin said clearly Regina doesn't want the land, so the original motion makes sense.
Freerks said she thinks this is consistent with the Comprehensive Plan as there is multi - family
zoning along 1 st Avenue in this area. She stated that traffic and congestion are an issue but this
potential 16 -plex will not have much of a negative impact in terms of the number of cars. She
said she thinks it would be much worse if Regina had a driveway there. She said she will vote in
favor of this rezoning, but she would like to see the developer work to try to maintain as many
as possible of the trees to the south and to make it a building that will be an asset and can blend
into the community. She said good things could happen on the subject property, and she
reminded those in attendance that the people who live there will be their neighbors, and
hopefully they will be as welcomed as people welcomed them.
Dyer said the traffic coming from this development will not likely be the traffic that is speeding
because they'll have to slow down to enter the property.
Freerks said these things are always difficult and it's always a difficult decision about the few
green spaces remaining in neighborhoods because they are so precious. She said, however,
the property owner has a right to develop it.
The motion carried by a vote of 7 -0.
CONSIDERATION OF MEETING MINUTES: October 18. 2012
Dyer moved to approve the minutes of October 18, 2012.
Eastham seconded.
A vote was taken and the motion carried 7 -0.
OTHER:
Howard informed the Commission about what may be on the agenda for its next meeting, since
there would not be an informal meeting.
Planning and Zoning Commission
November 8, 2012 - Formal
Page 11 of 12
ADJOURNMENT:
Eastham moved to adjourn.
Weitzel seconded.
The meeting was adjourned on a 7 -0 vote.
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IP12
PLANNING AND ZONING COMMISSION PRELIMINARY
NOVEMBER 15, 2012 — 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Stewart Dyer, Charlie Eastham, Anne Freerks, Phoebe
Martin, Paula Swygard, John Thomas, Tim Weitzel
MEMBERS ABSENT: None.
STAFF PRESENT: Robert Miklo, Karen Howard, Sarah Greenwood Hektoen
OTHERS PRESENT: Glenn Siders, Ginalie Swaim, The Reverend .W. Max Mons, Nialle
Sylvan, Jean Walker, Christine Denberg, Pam Michaud, Mike
Wright, Nancy Carlson, Alicia Trimble, Jesse Allen, Jon
McPheron, Pete Hosch, Mike Pugh, Nancy Adams - Cogan, Tam
Bryk, Patricia Knox, Leslie Hollis, Jiyun Park
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 7 -0 to recommend approval of REZ12- 00024/SUB12- 00010, a
preliminary Planned Development Overlay Plat plan and plat of Cardinal Point South Part
III, noting that they now have all the items requested in the staff report.
The Commission voted 7 -0 to recommend
Jefferson Street National Register Historic
(OHP).
approval of REZ12- 00027, to designate the
District as an Historic District Overlay Zone
The Commission voted 7 -0 to recommend approval of REZ12- 00028, an application to
rezone .22 acres of land located at 221 and 225 North Linn Street and approximately 3200
square feet of property located on the west side of Linn Street, a Mid - American sub-
station, from Neighborhood Stabilization Residential (RNS -12) to Central Business
District (CB -2) subject to the conditions outlined in the staff report of November 15th,
2012.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
REZONING ITEMS
REZ12- 00024/SUB12- 00010: Discussion of an application submitted by Southgate
Development Services for a rezoning to amend the Planned Development Overlay Medium
Planning and Zoning Commission
November 15, 2012 - Formal
Page 2 of 23
Density Single Family (OPD -8) Plan to change townhouse style units to zero lot line dwellings
and a preliminary plat for Cardinal Pointe South Part Three, a 32 -lot, 6.53 acre residential
subdivision located at Camp Cardinal Boulevard, Ryan Court and Preston Lane. (45
day limitation: November 26, 2012)
Miklo said the original plan for this property included a number of townhouses in the center of
the development, which is the area the applicant is proposing to change from townhouses to
zero lot lines. He said the zero lot lines that were approved on the perimeter of the development
would change slightly in that they would get bigger and there would be one or two fewer of
them. He said the proposed plan would also subdivide the property into individual lots whereas
in the previous plan all of the townhouses were on one common lot. He said staff received a
revised plan showing driveway configuration so that requirement is now satisfied. Miklo said
that this application complies with the planned development provisions. He said the applicant
has indicated that there is more of a market for single level units or zero lot line models versus
the townhouse units that are in the northern part of the development. Miklo said even with these
changes, the overall plan would consist of a variety of housing types. He said staff is
recommending approval.
Eastham said the Comprehensive Plan clearly calls for neighborhoods to be developed with
mixed housing types and a mix of income ranges. He wants to know what how staff defines this
particular subdivision.
Miklo said because of the existing typography it's set off by itself as a neighborhood. He said it's
got a healthy mix both in the existing and proposed plan of townhouse, single family dwellings, a
commercial lot, a future park and the proposed zero lot lines. He said he thinks it's more mixed
than most neighborhoods.
Freerks opened public hearing.
Glenn Siders of Southgate Development Service, the applicant, said they have no problems
with the staff's recommendations for approval. He pointed out on a map where the 12
townhouse units they have constructed are located. He said they have not sold nearly as well as
condominiums as they had anticipated. He said they had been approached by several people
about rezoning this parcel to zero lot development and it's been very well received. He said it
will reduce the number of living units for the development, but they think it's appropriate. He is
asking for a favorable decision by the Commission this evening.
Freerks closed public hearing.
Weitzel moved to recommend approval of REZ12- 00024/SUB12- 00010, a preliminary
Planned Development Overlay Plat plan and plat of Cardinal Point South Part III, noting
that they now have all the items requested in the staff report.
Martin seconded.
Eastham said he is supporting this application although what the neighborhood is like and the
mix of housing types is an issue that is troublesome to him in terms of reducing the number of
townhome units. He said because there are already a number of townhouses platted and the
developer intends to carry forward with those, it's not unreasonable to change the mix in this
Planning and Zoning Commission
November 15, 2012 - Formal
Page 3 of 23
case. He said he would like to note that he has never thought that a home being renter or owner
occupied makes any difference to a neighborhood.
Freerks said she is not concerned about this change, and obviously there is a demand for this
type of home on one level. She said she thinks it is quite a diverse area with a variety of housing
types, so she will support the application.
A vote was taken and the motion carried 7 -0.
REZ12- 00027: Discussion of an application submitted by the City of Iowa City for a rezoning to
designate the Jefferson Street National Register Historic District as Preservation Overlay
(OHP) zone.
Miklo explained that the Jefferson Street National Register Historic District was listed on the
National Register of Historic Places in 2004. He said the Iowa City Historic Preservation
Commission now proposes that it also be designated as a Local Historic District. He said
designation as overlay zone would require Historic Preservation Commission approval of any
significant changes to the exteriors of buildings within the district. He said the historic district
designation also makes properties eligible for special exceptions under the Zoning Code where
the Board of Adjustment may waive or modify certain requirements to help support continued
use of historic buildings. He said the Commission's role in reviewing this is to consider whether
or not it complies with the Comprehensive Plan. He said the ordinance specifically asks if the
Commission considers whether plans for renewal or other public improvements would be
counter to the proposal or whether the proposal is supported by the policies of the
Comprehensive Plan. Miklo said the Historic Preservation Plan, which is an element of the
Comprehensive Plan, encourages the designation of this area as a local historic district. He said
the Central District Plan indicates this area is appropriate for a mixture of institutional uses,
including university buildings, religious institutions, and a mix of residential and commercial
uses. He said the mixed use zoning designation that applies to much of this area was
established in the early 1990's specifically to help preserve this area and make a variety of uses
available for the buildings to allow adaptive reuse or continued residential use. He said the
City's Strategic Plan contains the goal of stabilizing neighborhoods around the city core, and
this area is included in the Northside Neighborhood as well as the College Hill Neighborhood.
Miklo showed pictures of some of the buildings in this city, some of which are the most historic
in the district including the Park House Hotel. He said there are several religious institutions
within the district, single family buildings, and several buildings built as single family homes that
have been converted to multiple units, duplexes, rooming houses, guest houses or commercial
units. He said there are several university buildings, including the old isolation hospital that was
built to house tuberculosis patients. Staff finds that this proposal complies with the
Comprehensive Plan and recommends approval.
Freerks asked how the niversity property works with this and the overlay.
Miklo explained that the niversity is exempt from local zoning so even though they are included
in the National Register District they are also included in the proposed local historic district. He
said it's up to the niversity whether they comply or not.
Eastham said he thought either 114 or 120 Gilbert Street was damaged by fire a few years ago,
and he want to know if they are rebuilding it.
Planning and Zoning Commission
November 15, 2012 - Formal
Page 4 of 23
Miklo replied that it was actually 420 Jefferson Street that was severely damaged by fire. He
said a previous owner restored that building, and he thinks it has changed hands a couple of
times since then.
Freerks opened public hearing.
Ginalie Swaim of 1024 Woodlawn and Chair of the Historic Preservation Commission said that
Miklo explained how this district fits the criteria of that Commission in terms of its historic
significance and in terms of the comprehensive planning. She said that all the things that
characterize that neighborhood starting back in 1839 when it was on the original town plat are
more or less the same characteristics today. She said there are still religious institutions,
housing for students and non - students, five guest houses, and the restoration of Stuit Hall. She
said it borders the downtown and the campus and the residential neighborhoods on the north.
She said there are an astonishing 38 primary historic resources on that stretch and all but one
of them is considered contributing in that the style and character are still evident and still give a
sense of time and place. She said there are 22 key structures, which is a really high density of
history. She said the shade trees that were planted 70 years ago survived the 2006 tornado and
are still standing.
Swaim reminded those in attendance about the uproar when the Red Avocado and some other
businesses lost their anchor and houses on Washington Street. She said she thought what they
learned from that is that the public really cherishes small, local businesses in older building that
are close to downtown and have a certain ambiance. She said those houses were not protected
because they were not in a district so there was no way to avoid the demolition. She said with
that cautionary tale in mind, if Jefferson Street becomes a local historic district, it's the only one
zoned for mixed use, both residential and commercial. She said she thinks this offers a clear
economic strategy because it's a place where small, local businesses can take root and serve
that large group of Iowa Citians and visitors who want to visit places like this. Swaim said this is
the kind of area we like to visit when we go to Portland, or Milwaukee or Dubuque, and we know
that we like older neighborhoods that have commercial aspects, and there is the potential to
have one right here in Iowa City. She said anything they do to save that street will have a
spillover effect on the historic districts to the north of that because that will stabilize those
neighborhoods as well, which is incredibly important. She urged the Commission to take
advantage of this history and use it for the future and consider this overlay.
Freerk asked about the mixed use and if there are living quarters above the mixed use.
Miklo said some of the buildings have commercial on the first floor and apartments above, and
that's allowed in this zone.
The Reverend W. Max Mons of St. Paul's Lutheran Chapel at 404 E. Jefferson Street said this
issue came up a few years ago, and it did not make it out of the Historic Preservation
Commission. He said one of the main objections was the economic impact it could have on the
business owners and on the churches should they need to make significant improvements on
their buildings. He said his churches' economic situation hasn't improved any since then. He
said they serve the students at the university, and they are very much against this proposal for
fear that if they fall into this district, making significant changes to their brick structure may cost
them such that they won't have funds to provide their ministry. He said they are not at all in
favor of this proposal.
Planning and Zoning Commission
November 15, 2012 - Formal
Page 5 of 23
Nialle Sylvan of the Haunted Bookshop at 203 North Linn Street who lives at 1722 Morningside
Drive said with all due respect to the Rev. Mons' concerns and an understanding of the
importance of changing ministries to keep up with changing times, she as a local business
owner thinks that the economic change that has taken place is that Iowa City has made a
substantial remark on the subject of having a place where small businesses can begin in small
locations and perhaps have residential space upstairs for owners just starting out. She said that
sounds like that is consistent with the use permitted under this zoning designation. She thinks
there are a number of business who would be interested in participating in a development like
that. She said it certainly wouldn't be her desire to affect small ministries in any way but the
opportunity for small businesses, especially in a town that has the potential of becoming as
beautiful a campus town that can be found in the country and businesses with significant,
unique character that would differentiate us from other economic zones in Eastern Iowa is not
something to be ignored.
Jean Walker of 335 Lucon Drive and representative for the Melrose Neighborhood Association
said she has come to appreciate the different architecture and the history of Iowa City. She
reminded the Commission that once these beautiful buildings on Jefferson Street are gone, they
are gone forever, so the city needs to retain what is the history of Iowa City and the beautiful
buildings that represent what has transpired in the past. She said she knows that the regulations
that are imposed through the local designation are not that onerous. She said what she has
observed is the Historic Preservation Commission works closely with applicants to try to
accommodate what they want to do unless it is egregious to the building. She said the Red
Avocado and its neighbors were wonderful buildings and the people really cared about them.
She said she hopes that the buildings and history of Iowa City can be preserved.
Christine Denberg of 1011 Woodlawn said she is a landlord for several properties that are in the
Longfellow Conservation District, and she owned the properties before it became a preservation
district. She said she has found the housing inspectors to be incredibly helpful and supportive
and she hasn't found it to be any problem to be part of preservation district, which has actually
increased the value of her properties in a way that properties outside her district have not
experienced. She said when her own house was hit by the tornado in 2006 she had incredible
support from the Historic Preservation Commission. She said she was able to get a grant from
the State, and because they were part of preservation district the historic preservation people
acted as an advocate for her for her insurance policy claim. She said because of the historic
preservation briefs that explained about old houses when the house is alligatored, the insurance
company paid to have three sides of the house painted in a more expensive and correct
manner, something she could not have afforded to do herself. She said the Commission also
directed her to an incredible craftsman who was able to rebuild her chimneys. She said she can
understand the concerns of the neighbors and businesses if they were brought into a historic
district. She said that should any natural disaster happen in the proposed district, this
designation would protect everyone in the district. She urged the Commission to approve the
proposal so that if there is a problem in that neighborhood, they will have the resources and the
help they will need.
Pam Michaud of 109 S. Johnson St. said she hears the concerns of the churches and
businesses. She explained that because her house was on the edge of an historic district, it had
no buffer zone. She said the same fate as hers, where a four story building has been planted 18
feet from one of her walls, awaits the Jefferson Street Historic District. She said it's charming to
say in 2000 that we love restoring old house, but when you sell them in 2012 the loyalties are
different, and now the orientation of the five buildings in the block where the Red Avocado
formerly sat has changed to one of profit. She said the three buildings that were torn down
behind her supported five families plus the wait staff, and now the Bradley Building has also
Planning and Zoning Commission
November 15, 2012 - Formal
Page 6 of 23
been sold. She said that is 10 businesses that have been lost. She said Jefferson Street is a
beautiful oasis and buffer zone between downtown and the Market Street area and she thinks it
should be preserved. She said all the mature trees have been taken down in the synagogue lot
and she knows the same would happen on Jefferson Street if there was a mixed use
development. She said one of the goals of the Northside Neighborhood Association is to keep
the character of a grown up neighborhood, and she thinks that the Linn Street zoning proposal
that will be discussed later tonight has done a good job of doing that. She encouraged the
Commission to designate Jefferson Street an historic district.
Mike Wright of 225 N. Lucas St. and coordinator of the Northside Neighborhood Association
said as staff pointed out, the Comprehensive Plan is used as a guiding document. He said he
believes that designating this neighborhood a city historic district would be in keeping with the
Comprehensive Plans in terms of the Historic Preservation Plan and the Central District Plan.
He said it seems clear to him that preservation was intended as part of those documents, and
City Council has passed a Strategic Plan which clearly calls for neighborhood preservation and
stabilization. He said on Jefferson Street there are a couple blocks intact of examples of what
19th Century Iowa City looked like. He said he thinks the community appreciates the beauty of
that neighborhood, and he thinks some of these buildings are examples of public art. He stated
that over the last 15 to 20 years there have been a number of studies demonstrating that
historic preservation pays in terms of increased property values and boosts economic
development, and if you look at some of the neighborhoods that have been preserved in Iowa
City over the past 20 years you can see that clearly. He said given what's been lost in the
Northside Neighborhood, it's incumbent to do what is possible in terms of City policy and
preserving our future to protect this area. He urged the Commission to support this historic
designation.
Nancy Carlson of 1002 E. Jefferson Street said she read a report and was amazed at the
amount of history contained in the subject four blocks for all of Iowa City. She said she also read
parts of the Zoning Code pertaining to what has to be in place in order for a district to be
considered historic, and for an area to meet those conditions is an honor. She said the tendency
is sometimes to look upon this designation as a burden rather than as an honor.
Alicia Trimble of 2232 California Street and President of Friends of Historic Preservation said
until recently she was Chair of the Historic Preservation Commission. She said this issue has
been on been on their radar for a long time She said she did her homework and has come to
the conclusion that this meets the criteria that the Planning and Zoning Department is supposed
to follow in seeing if this meets the criteria of the Comprehensive Plan. She said she feels that
when this proposal failed to even make it out of the lower levels of this process before, it was
not done for the right reasons. She said this district has all the components of a historic district
and would have more contributing properties than any other district in Iowa City. She mentioned
what happened on Washington Street and how that has affected people. She said when one
group is unhappy with this proposal for their own reasons, they are forgetting about their
neighbors and that we are a community and we all need to make this city better. She says she
feels that this district will do just that.
Freerks closed public hearing.
Thomas moved to recommend approval of REZ12- 00027, to designate the Jefferson
Street National Register Historic District as an Historic District Overlay Zone (OHP).
Swygard seconded.
Planning and Zoning Commission
November 15, 2012 - Formal
Page 7 of 23
Eastham asked Weitzel if historic preservation designation generally doesn't increase the cost
of repairs of buildings in those districts, and if it does increase costs, are those costs offset by
increased value. Weitzel replied that certain things do cost more if you have an historic property,
but you would probably want to do things that way if you want to preserve the value of a building
or maintain it long term. He said he couldn't say that all costs that are increased are offset by
equal amounts of property value increase, but anecdotally that looks if that would be true. He
said there are some procedures on historic property that take more time or a higher skill level,
and that's part of the economic development benefit of the historic district. He said you have a
higher skill level and higher level of retained skills in the building, but he said he can't say that is
always offset directly.
Eastham said his concern is with the St. Paul's Lutheran Chapel whose minister spoke earlier in
the evening. He said it's his understanding that generally religious institutions don't have a way
of increasing their revenue in terms of increased value of their property. He asked Greenwood
Hektoen if there is any protection that a religious institution could get federally from city
legislation when trying to change their physical structure. Greenwood Hektoen said she would
have to research that.
Eastham asked if the designation for the St. Paul's Lutheran Church property could be changed
to a non - contributing property and would that make any difference in the ability of the church to
make repairs. Miklo answered that the status of whether a building is considered contributing,
non - contributing or non - historic is based on federal guidelines and the Secretary of Interior
standards for evaluating historic districts, and that has been accepted by the Parks Service so
he doesn't see that change as a possibility. He said in terms of this church, it is brick and the
maintenance needed for that would be tuck pointing, which would not result in greater expense.
He said the window replacement, however, may be an issue on a building like this, and the
Commission does approve alternatives when necessary. He said the goal of preservation is to
preserve what's there, so sometimes it's less expensive because you are retaining rather than
replacing materials.
Eastham asked what would happen with a casualty loss. Miklo said what they found during the
2006 tornado was that the mayor sent a letter to all the insurance companies regarding the
historic districts, and almost all of them paid the difference in cost. He said because they were a
city with historic districts, the State legislature allocated funds to fill the gap of anything that
wasn't covered by insurance.
Weitzel said someone could do a bad job of repointing cheaper. He said you might spend more
if you follow the Secretary of the Interior's standards, but the building will last longer. He said he
was on the Commission when this proposal failed the last time, and some of the members
wanted to wait until there was support to keep all the wooden structures in the district. He said
some of the wooden structures were not included in the district because there was landowner
opposition at the time. He said he thinks waiting was the right thing to do and he is supporting
this rezoning.
Eastham asked Weitzel if he remembered in the previous consideration if the religious
institutions had a particular set of issues. Weitzel said the same people are having the same
issues, and it's perceived cost and restriction on what someone can do with their property.
Eastham asked if there was any way to remove those buildings from the district. Miklo replied
that an historic district has to have contiguous boundaries, and if you moved that particular
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November 15, 2012 - Formal
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boundary you would have an inconsistent boundary and it would not be consistent with the
National Register District.
Swygard said she is fully in support of this designation. She said she thinks it is important to
preserve the remaining small areas of Iowa City that stand out as historical areas.
Thomas said he will support it as well. He said he heard some eloquent testimony about the
importance of the designation. He said he feels the community supports the desire to preserve
buildings, and if there are particular property owners in need of financial assistance that the
community would be there for them.
Freerks said she thinks this designation is fully supported by the Comprehensive Plan, by the
Historic Preservation Plan, by the Strategic Plan that the City Council has outlined. She said
there is always fear involved in this, and people find out later on after being part of these
districts — she lives in a conservation district — that the fear isn't necessary. She said she thinks
that in the end it's a benefit, not only for the people who own or use those buildings, but for the
community as well. She said she thinks this area has had some lucky breaks to stay together as
it has, but as time goes on, those breaks will be harder to come by. She said she would like to
see the historical
character maintained in this area. She said she appreciates the fact that there is mixed use
here, and she thinks it works really well in the community, and she is definitely in favor of it. She
said she thinks it's a special part of the community and wants to see it maintained.
Dyer said she will support it, and she said maybe the designation would encourage the
university to reclaim Seashore Hall, which also has some wonderful characteristics in the old
part.
Eastham said he is in support of historic designation for all the buildings in the area except the
churches. He said he sees the drawback as being if the churches will have a particular burden
in meeting their legitimate needs for maintaining the buildings as well as restoring them. He said
he has said although he has heard reassuring comments from Weitzel, he's not sure all the
people in these churches and congregations would share his reassurance. Miklo said there are
already three churches in the areas that are local landmarks. He said as far as he is aware
there have not been issues with the regulations that have created undue burdens on those
buildings.
A vote was taken and the motion carried 7 -0.
REZ12- 00028: Discussion of an application submitted by Northside Commons, LLC for a
rezoning from Neighborhood Stabilization Residential (RNS -12) zone to Central Business
Service CB -2) zone for approximately .22 -acres of property located on 221 and 225 North Linn
Street and the adjacent MidAmerican substation, which is approximately .07 acres. (45 day
limitation: December 8, 2012.
Howard explained that the applicant has requested rezoning for the two properties on Linn
Street and in order to maintain a consistent zoning boundary the City believes that the
substation should also be included in the rezoning. She showed photographs of the Northside
Marketplace to orient the Commission. She said last year there was a request for rezoning that
included the property around the corner on Bloomington Street, but this property is not included
in this rezoning request. She said at the previous hearing for this rezoning, people expressed
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concerns about the commercial area extending around the corner and taking in more of the
residential properties. She said those concerns among others caused the City Council to deny
the application for rezoning last year.
Howard showed photographs of the subject properties and the substation. She said the
applicant has developed a new concept to address the concerns expressed by the
neighborhood with regard to scale of the building and how it's oriented. She showed a concept
plan for a proposed building on the site that was submitted by the applicant. She said they
propose a storefront building similar in scale to the historic Market Street area with two floors of
one and two- bedroom apartments. She also noted that the third floor is more transparent with
more windows and steps back to reduce the apparent height and scale of the building to keep it
in scale with the neighborhood. She said staff believes the requested rezoning is consistent with
the Comprehensive Plan, which designates these properties as appropriate for "urban
commercial" use. She also noted that the storefront design is similar to the rest of the Northside
Marketplace and would provide a commercial connection between the existing commercial
along Linn Street to the commercial on Bloomington Street, which includes Pagliai's Pizza and
the other commercial businesses along that stretch. She said staff believes it's a stronger
application this time because it just includes the properties on Linn Street, and it's consistent
with the architecture in the neighborhood. She noted, however, that the proposed building is in
the conceptual design stage and the site has not been engineered, so if the rezoning is
approved there is no guarantee that this exact building will be possible. She said the applicant
would still have to show that they meet all the zoning requirements, and it is a fairly constrained
site. She noted there are some title issues regarding the applicant getting access to a gravel
drive at the rear of the site in order to make the underground parking work and staff is unclear if
those have been resolved. She also noted that there are a number of conditions that staff is
recommending that are similar to the conditions proposed for the last rezoning request, which
she would articulate as part of the recommendation.
She said in response to the Comprehensive Plan and the concerns of the neighborhood
regarding scale of the building and size and configuration of the residential units, the applicant
has submitted proposed plans to reduce the scale and size of the building and also to reduce
the number of bedrooms in the units and has a new building design. She said in staffs opinion,
extending the CB -2 zoning to the west side of Linn Sreet would be consistent with the intent,
goals and objectives of the Northside Marketplace. She noted that the last time with the
previous request for rezoning there was also a Comprehensive Plan amendment request, and
Council did approve a Comprehensive Plan amendment for these two properties along Linn
Street, changing the plan designation from residential to Urban Commercial, so this rezoning
would also be consistent with that Comprehensive Plan change.
Howard said for all the reasons stated, staff recommends REZ12- 00028, an application to
rezone .22 acres of land located at 221 and 225 North Linn Street an approximately 3200
square feet of property located on the west side of Linn Street from RNS -12 to CB -2 be
approved subject to the following conditions:
1. That no more than two bedrooms are allowed per dwelling unit.
2. The final design of the building shall be generally consistent with the concept
submitted by the applicant and shall be reviewed and approved by the Design
Review Committee.
3. The commercial storefront shall be designed in a manner that is consistent with the
submitted elevation drawing
4. If a third floor is built, that it be designed in a manner consistent with the submitted
elevation drawings showing a more transparent third floor.
5. If a garage opening along Bloomington Street is requested the adjacent curb cut for
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November 15, 2012 - Formal
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the private gravel drive shall be closed and the curb restored and parkway planted.
6. That the streetscape along Linn Street shall be installed in a manner consistent with
the recently installed commercial streetscape of the Northside Marketplace. This
streetscape plan shall be reviewed and approved by the Design Review Committee
at the same time the building is reviewed.
7. The public alley from Linn Street to the driveway access for the building shall be
improved according to the standards specified by the City Engineer.
Freerks asked if staff would want to maintain the brick alley in need of repair as brick or change
it to a paved surface. Miklo said the City Engineer has not yet determined the best way to repair
it.
Weitzel asked if the substation would ever change use. Howard said she is not aware of any
change there. She said if that ever went away, the zoning change would allow another building
consistent with the Northside Marketplace. Miklo said their experience is that it's very difficult to
locate and relocate substations, so it's probably there for the foreseeable future.
Eastham asked if there are any similar roof gardens in terms of size and plantings in the city.
Howard said a new building could be constructed to handle the weight of a green roof.
Eastham asked if because they included a roof garden on the concept plan, would the Design
Review Committee require a roof garden if they built a third floor. Howard said rezoning this
property will not guarantee that every aspect of the concept will be built, since these are not
construction drawings. She said that it wouldn't necessarily be because the applicant doesn't
want to build this design, but there could be circumstances on such a constrained site, where,
for instance, they couldn't achieve the amount of parking, so they would have to reduce the
number of units or number of floors.
Thomas asked what the distance would be from the building to the west. Howard said there is
not yet a site plan. She said, however, that the applicant might be able to answer the question.
Freerks opened public hearing.
Jesse Allen of 3704 Lower West Branch Road identified himself as the applicant and said when
this proposal was brought before City Council the last time, he was getting comments from
neighbors and passers -by, so he pulled the proposal. He said the new zoning amendments
came up this spring and the new density bonus for one - bedroom units opened his eyes to this
project and how it was a good way to put a project together. He said unlike last year, when they
were gearing the building toward rentals, this time they are focusing on people who will buy the
units and become permanent residents of the Northside. He said he saw a strong need for
ownership on the north side. He said from talking with residents, they saw a desire for this kind
of proposed building. He said they put a limit of two bedroom units on the third floor and they
are using the second floor as one bedrooms or efficiencies to be affordable for workers in the
neighborhood or downtown. He said the commercial aspects of the building are very different
this time, with 2400 square feet that can potentially be divided into two leasable spaces. He said
what Regenia Baily said at a City Council meeting really hit home with him; that this area really
needs places where small, commercial businesses can move into and grow. He said regarding
the setback, there is a private parcel between the two subject houses that is ten feet wide and
that last had an owner in 1902. He said he is setting up a quit claim deed with the property
owner to the west, which gives each owner a five foot easement to use. Allen said regarding the
setback, on the first floor of the proposed building it would be twelve feet from the property to
the west and on the upper floor would increase the setback by five to six feet.
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November 15, 2012 - Formal
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Eastham asked if the applicant intended to have residents recycle their kitchen waste into the
garden area on the roof. Allen said there is a room for recycling elsewhere.
Martin asked Allen if he intended the building to be LEED certified. Allen responded that it will
definitely be at some level, but they haven't decided what level to take it to. He said they have
committed buyers for one, possibly two, of the two- bedroom units.
Mike Wright of 225 North Lucas St. said he appreciates the applicant's willingness to work with
the neighborhood. He said the north side is not anti - development even though in recent years
they have opposed redevelopment and usually loss of neighborhood character favoring short-
term rental units. He said that he was cautiously optimistic about the proposed project.
However, he said if this building should turn into short- rentals, that would be a deal breaker for
the Northside Neighborhood Association.
Jon McPheron of 220 East Bloomington said he has a concern with the on- street parking in the
area, that on the north side of Bloomington Street the cars are rarely moved. He said many
people who park are from the dorms. He suggested having metered parking on Bloomington
Street, which would provide parking for customers as well as getting some of those cars to
move. He also suggested making the intersection of Linn and Jefferson Streets a four way stop.
Nialle Sylvan of 1722 Morningside Drive said she likes development when it works for a
community goal and fits into the development around it and yet adds something to it. She said
these concept plans blend well into the neighborhood. She also suggests putting in some
metered parking. She said she thinks this building would add a lot to the neighborhood. She
said she wanted to thank Jesse Allen for being available to answer questions she had. And she
was very happy about getting the alley fixed.
Sarah Greenwood Hektoen stated that the Commission's job is not to rezone based on whether
the units will be owner occupied or rental units.
Pam Michaud of 109 S. Johnson Street said that this is a sensible size of building for this
location, LEED certification gets her support, she likes the idea of the rooftop garden, but she
doesn't know how glass walls will work toward the LEED certification, as they are poor
insulators. She said the glass gives the effect that the rooftop is floating and she thinks there
needs to be more connection between that floor and the rest of the building.
Freerks closed public hearing.
Eastham moved to recommend approval of REZ12- 00028, an application to rezone .22
acres of land located at 221 and 225 North Linn Street and approximately 3200 square
feet of property located on the west side of Linn Street, a Mid - American sub - station, from
Neighborhood Stabilization Residential (RNS -12) to Central Business District (CB -2)
subject to the conditions outlined in the staff report of November 15th, 2012.
Weitzel seconded.
Weitzel said this building plan addresses many of the concerns the Commission was hearing at
Council level. He said he has no problem with the floating ceiling, and he likes the green roof.
He thinks the content of this rezoning is consistent with the Comprehensive Plan, so he's in
favor of it.
Planning and Zoning Commission
November 15, 2012 - Formal
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Martin said there is clearly a need for smaller commercial space on the Northside, and this
building does seem to complete that corner of the neighborhood. She said she is in favor of it.
Eastham said he sees this application as consistent with the Comprehensive Plan as it has
been amended, and he personally likes the third floor that is different from those below it. He
said he is attracted to the idea of a green roof.
Freerks said she is surprised that no one in Iowa City has done a green roof before. She said
this is a much more comfortable fit for that space and it's interesting and should be an asset.
She said the rooftop garden can fill the void for entertaining space and be a way to be outside.
She said with parking as a premium, those rooftop gardens never make the cut, so this is one
way to look at the future, and she hopes it meets success and makes it through to the final plan.
She said she also likes the idea of the one bedroom units as well and hopes to see some.
Swygard said she will support the rezoning of these properties but in doing so she is cautious
about in the future that other properties maintain the neighborhood stabilization of the adjoining
properties and properties to the north of that.
Freerks said the Commission had talked about this before and decided that this not march
further down Bloomington Street, but instead is completing the Northside Marketplace.
Dyer said she was in favor of the previous version of the plan, and she appreciates the efforts
that have gone into making it more compatible with the Council's idea of appropriate building.
She said the composition of apartment sizes is good, and she hopes it sets a precedent for
other things in the area.
Thomas said some of his questions concerning the plan have to do with the Central District Plan
which has a housing goal of achieving a healthy balance of rental and owner occupied housing
in the district's older neighborhoods to promote long -term investment, affordable housing
opportunity and the preservation of historic homes and neighborhoods. He said that long -term
residency is really at the core of neighborhood stabilization. He said according to the U.S.
Census there are 1644 housing units in the North Side and 84% of them are rentals. He said it
is the intention of this project to provide more long -term housing, and that is outside the
Comprehensive Plan zoning, however, it is background to any proposal. He said it's especially
important because two existing houses are going to be torn down. He likes the idea of the
rooftop garden, and said that the City still doesn't require usable open space in any of their
residential zones, and it's interesting hearing the positive response about this feature. He said
there's the question of whether the property will encourage development that will maintain the
character and economic vitality of the Northside Marketplace. He added to that concern that the
Northside Marketplace is the only urban pedestrian- oriented neighborhood commercial district in
Iowa City and he would argue that it is not part of the Central Business District despite its CB -2
zoning. He said it has more of a neighborhood commercial feel to it. He said it's where the
grown -ups go, and there's something distinctive about the Northside Marketplace. He said as
the first major development proposal in this area, this proposal must establish a high standard.
He said he feels that it's a place where the adults can live as well as go to. He asked if the
proposed plan meets the Central District's objective of being compatible with the existing
character of the commercial area and surrounding neighborhood. He said the question last year
was that it would wrap around Bloomington Street and it's a critical issue to protect the stability
of that street. He said with the current proposal the main orientation is toward Linn Street, which
is right, and the design emphasizes that one to two story character that's the predominant scale
of the buildings in the area. He said what's at stake here is a way of life, as represented by the
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November 15, 2012 - Formal
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Central District. He said these are really the only neighborhoods in Iowa City which have a
sense of city life as opposed to suburban life. He said they are walkable communities within
distance of schools and mixed use employment centers, so unless these neighborhoods are
opened up to a more diverse demographic, people will look elsewhere. He thinks this a move in
the right direction and is beginning to express that vision and ideal.
Eastham said the Commission heard some question about parking and stop signs and the
Commission really has no control over those issues. He said if people want to continue with
those concerns when this gets before the City Council, the Council can generally look at parking
issues and signage.
Freerks said the Council hopefully reads the Commission's minutes most times, but it's a good
idea to bring it up again if any of the public present at this meeting attends the Council meeting.
The motion carried by a vote of 7 -0.
Freerks called for a four minute recess
Freerks called the meeting to order.
Comprehensive Plan Rezoning
CPA12- 00005 /REZ12- 00026/SUB12- 00012/VAC12- 00004: Discussion of an application
submitted by Hy -Vee Stores, Inc. for a Comprehensive Plan Amendment, a rezoning from
Medium Density Single- family Residential (RS -8), Neighborhood Public (P -1) and Highway
Commercial (CI -1) to Planned Development Overlay /Community Commercial (OPD /CC -2) zone
and a preliminary plat of Roberts Dairy Addition for approximately 8.21 acres of property located
on North Dodge Street, east of Prairie du Chien Road and an application for a vacation of the
public right -of -way for a portion of St. Clementss Alley. (45 day limitation: December 23,
2012)
Greenwood Hektoen stated that she needs to recuse herself because her superviser, the City
Attorney lives in that area, and there would be a conflict of interest to have her office represent
the City on this case. She said that outside counsel would be provided.
Miklo showed the Commission views of the neighborhood and explained what each building and
zone was. He pointed out land owned by the City on the site which contains a radio tower and
vacant land where once a water storage tank stood. He said there were previous proposals
which weren't approved to expand the dairy in the RS -8 zone. He said the RS -8 was in place as
a buffer between the dairy and the adjacent neighborhood, which is also zoned RS -8. He said
there is also a proposal to vacate St. Clements Street, which if approved, would relocate the
street to connect back to Prairie du Chien. He said the proposal is being put forward to allow
this property to redevelop with a Hy -Vee and a convenience store. He said the Comprehensive
Plan for this area stresses that this area could be commercial, but notes that it should be done
in a way that is compatible with the neighborhood. He said staff believes there are ways to
make that happen, but the applicant has applied for a potential amendment to the
Comprehensive Plan if they don't reach agreement on that accord.
Miklo said the initial concept plan raised concerns that the convenience store was situated in a
way that would be intrusive on the residential neighborhood west of Prairie du Chien Road, so
staff asked the applicant to redesign the vehicular access to the store. He said the revised plan
has the convenience store pointed more toward the interior of the site and Dodge Street and is
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less intrusive on the residential to the west. He said staff still has concerns about the amount of
buffer and its design between the convenience store and drive - through and the neighborhood to
the west. He said on this plan there is substantial buffer in some places but in others the
driveway comes within twelve or fifteen feet of the right of way, so staff would like to explore a
greater setback and a different design of the buffer.
Miklo said for this project to occur, the City would need to sell the water tank site to the
applicant. He said they are exploring the possibility of removing the radio tower from this site.
He said if staff can't reach an agreement with the applicant about removing the tower at their
expense, the City would leave it there and negotiate with Hy -Vee for some evergreen screening.
Miklo showed the proposed grocery and convenience store designs, the site and some
neighborhood home photographs. He said staff's goal is to preserve as much vegetation as
possible in the northwest corner of the property as a buffer to the neighborhoods to the north.
He said in other cases where there were drive - throughs or fairly intensive commercial directly
across from residential, as part of the Conditional Zoning Agreement the City is requiring
landscaping and masonry fencing to provide an instant buffer. He said staff has discussed with
Hy -Vee that it doesn't have to be a solid masonry wall for the 300 foot length of the property but
that in key locations that should occur and could be complemented with landscaping elsewhere.
He staff is recommending approval of this application with several conditions outlined in the staff
report
1. A thirty -five foot buffer on the Prairie de Chien side of the subject property, perhaps
slightly less depending on the quality of the materials and plantings between the public
sidewalk and the development.
2. That here be no signs or lit signs within that buffer or on the residential sides of the
building.
3. That there be a design review of the structures through the Design Review Committee.
4. Preservation of as much of the existing buffer as possible and supplemented in a
particular area to buffer the neighborhood.
5. That a bus pull off on Dodge Street be constructed.
Miklo said they have not come to complete agreement with the applicant on the buffer situation,
so staff recommends these conditions unless there is an alternative that's acceptable to the
Commission and City Council.
Dyer asked if the amount of parking that's proposed is required. Miklo said the proposed
amount of parking does exceed the City's requirements considerably. He said that in regard to
staff's concern about increasing the buffer, roughly 10 to fifteen spaces could be removed,
which would still far exceed the City's parking requirements.
Eastham asked what the northeast side of the grocery store looks like as presently proposed..
Miklo said driving south on Dodge Street you would see masonry or brick and then it steps back
for the loading dock area. He said they just received these plans, so staff has not had the
opportunity to see if it meets the standards. Miklo also showed Eastham what you would see if
you were in the middle of the parking lot looking back at the building.
Thomas asked if there is shrub screening on Dodge Street. Miklo said there is a requirement
that there be S -2 level screening.
Freerks asked if it was true that the current plan does not meet the minimum standards in some
ways. Miklo said this is a concept plan and doesn't show all the details that are required.
Eastham asked what the allowed height of the two proposed free - standing signs on Dodge
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November 15, 2012 - Formal
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Street would be. Miklo replied that they are allowed to be 25 feet tall.
Swygard asked about lighting standards and how that might impact the neighborhood. Miklo
said the City has greater control if a commercial development is within so many feet of a
residential zone, and he believes that would apply to most of the parking lot. He said the lights
are limited in height, and there is a foot candle requirement that applies.
Eastham asked if the staff considered a site plan that had the building more towards the
northern part of the parcel and where the front of the building is toward Dodge Street and there
is landscaped parking between Dodge Street and the building. Miklo replied that when the
original concept plan was submitted staff had concerns about where the convenience store was
placed in relationship to the neighborhood. He said they did look at how this site might be laid
out differently for a better relationship with the neighborhood, and they couldn't come up with a
much better design in terms of the grocery store itself. He said there's a provision in the
Comprehensive Plan that encourages buildings to be close to the street.
Eastham said he's not keen on that idea in this case. He said what he's thinking about is what
does this site look like from Dodge Street, which is a major access to the city.
Martin asked if the current Hy -Vee is part of this plan. Miklo said it is staffs understanding that
Hy -Vee leases that property and it is not included in this application.
Eastham asked if the staff is interested in doing something temporary about the appearance of
the existing store. Miklo said because that is under separate ownership, the City doesn't have
the ability to address that under this zoning.
Freerks opened public hearing.
Pete Hosch with Hy -Vee corporate offices stated that they have been a member of this
neighborhood for well over 20 years but it has come to a point where they can't offer the
services they want to within the existing facility. He said they want to reinvest in the area and
have worked with Roberts Dairy for over a year working out environmental issues on the site
and are now at the point where they are happy with the layout of the site. He said they feel that
it meets the intent of the Comprehensive Plan to pull retail closer to the street. He said the
design elements of the proposed building are very similar to what was approved for the Hy -Vee
Waterfront location. He said they respected staffs concerns about the convenience store and
reoriented that facility, which actually created staff's concerns with the setback of 35 feet. He
said they feel confident that they can establish a buffer there that meets standards using large
evergreens, shrubbery and native grasses. He said they feel that it's not appropriate to have a
masonry fence in that area, and they prefer vegetation. He said they would prefer to utilize
additional landscaping to screen the utility tower rather than moving it. He said they are
generally in support of the conditions. He said they intend to preserve the vegetation on the
currently zoned residential property as long as it meets the design requirements in respect the
installation of the City street. He said they support installing the bus stop and they fully intend to
meet the S -2 buffer requirement along the Dodge Street facade.
Weitzel asked if there is anything else on the site, other than the communications tower, that the
applicant would be willing to re -use. Hosch replied that due to environmental issues, there is
nothing else they can use. He said it all has to be removed.
Freerks said she has concerns about the hedge as they go through the drive - through for the
convenience store. She said it's something they have had to really look at closely in instances in
Planning and Zoning Commission
November 15, 2012 - Formal
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the community with residential areas adjacent. She said vegetation probably won't be enough to
screen adequately at that point on the site.
Hosch said it's a coffee drive - through, so it's probably a less intensive use, but they do
understand Freerks' concerns and they could perhaps look at some more dense vegetation or a
masonry element at that one site.
Freerks suggested a deeper buffer. Hosch reiterated that the orientation of the facility was at the
request of staff. Freerks said she thinks the orientation is much better this way but that she
thinks the applicant will find that something that blends into the community there will be
embraced better than something that becomes problematic for certain people in the
neighborhood and Hy -Vee will remain as a positive part of the community there.
Hosch stated that Miklo had mentioned that they do far exceed the 35 feet for the
preponderance of that frontage and it's really only the corner of the convenience store facility
that was due to the reorientation of the facility. Freerks reiterated that it is a concern because
that's where cars will stop and there will be activity. She said she does think that something
needs to be done there. Hosch said he does believe that the vegetation standards are quite
adequate in this location, but that they are happy to discuss this item, but it was in an effort to
meet the request of staff. Freerks said a little removal of parking will go a long ways to make a
difference. Hosch said is less about parking more about what happens when you move the
facility further to the east. Freerks said compatibility is an important part of the Comprehensive
Plan and this is something they need to be careful about.
Eastham said this is a store appropriately placed on a major entrance to the city and asked what
they have done to change the canopy or the fuel area from a design perspective that will make
that an attractive area for people driving on Dodge Street. Hosch said they have lowered their
foot candle well below what typical city standards are. He said the canopy is standard. Eastham
asked if it will look like every other canopy in town. Hosch said it would, but with a much lower
light level.
Weitzel said looking at the design of the canopy is going to be important as it will stand above
any of the screening and there have been a number of changes at this corner already over the
years.
Freerks said there were a number of large trees that were removed from the property across the
street. She said there a number of things that make the Commission more sensitive in terms of
what goes on and how it evolves in the area. Hosch said he believes it's a vast improvement
over what exists there today.
Weitzel said this is an opportunity for change. Hosch said the change in orientation of the
convenience store provides less frontage of that canopy along Dodge Street.
Mike Pugh said he represents Hy -Vee. He said the far west corner of that convenience store
just touches the 35 foot buffer. He said they have a visibility triangle requirement at the corner of
Dodge and Prairie du Chien but much of the overall frontage on Prairie du Chien exceeds a 35
foot buffer requirement. He said they are encroaching on that buffer in only two areas that were
pointed out on the map. He spoke to the fact that the 300 foot masonry wall condition that's in
the staff report would be very expensive, over $100,000. He suggested that the landscape S -3
screening would be preferred, and that would requires an area with six foot high buffer with a
berm. He said Hy -Vee is proposing this as part of the conditional zoning agreement. He said if
they had to move the driveway back behind the 35 foot line, it does pose challenges. He said
Planning and Zoning Commission
November 15, 2012 - Formal
Page 17 of 23
they want to work out some solution that is reasonable and appropriate. He showed elevations
of the convenience store and said there would be a street frontage orientation that would front
onto Prairie du Chien with windows. He said one of the conditions is that the building goes
through design review, and the applicant doesn't think that is a necessary step. He said this is
not something the Design Review Committee would review under the City Code, and they think
a better alternative would be that as part of the Conditional Zoning Agreement there is a
requirement that the elevations look in a certain fashion. He said this building will look very
much like the one on Waterfront Drive, so the proposed building has already in a sense gone
through design review. Miklo said at the time they wrote the staff report, they did not have
elevation drawings, and that would be an alternative staff would be comfortable endorsing if
there's a plan that the Commission sees and ties to the zoning.
Freerks said she wouldn't necessarily oppose that but is not doing it tonight based on the
material they have before them.
Weitzel said the Commission can do what they need to do with a Conditional Zoning Agreement
as long as there's a public need for it.
Pugh said he understands that. Weitzel said he's not unhappy with the plan of the building, but
he's thinking about how it fits into the neighborhood.
Pugh said he thinks the upgrading of the street will be of real benefit for the residents who live
immediately north of this site.
Eastham asked what the Comprehensive Plan amendment that the applicant is proposing. Pugh
said that the Comprehensive Plan says something to the effect that commercial buildings should
have a main street feel that's compatible with the residential neighborhood. He said he doesn't
know the submitted amendment is, but his feeling is that if they can get an elevation that
accomplishes that main street, they probably won't be needing an amendment.
Miklo said when staff received the original plan, the main concern regarding the Comprehensive
Plan was regarding the compatibility of having the convenience store directly across the street
from residential and having access to Prairie de Chien. He said the discussion was unless they
were able to work out those issues, they would have to amend the Comprehensive Plan and
talk about that stipulation regarding compatibility with the neighborhood. He said as noted in the
staff report, moving that curb cut goes a long ways toward doing that, but they do think that a
better job could be done buffering with either distance or materials.
Thomas said his concern is less with the setback and more to do with the drive - through
function. He said if that were taken away, he would be pretty happy with the plan he is seeing.
Miklo replied that there is an application for the Board of Adjustment to consider that drive -
through facility.
Thomas said the entire aspect of the drive - through is auto oriented, and Prairie du Chien is a
residential street. He said he researched other city zoning codes on this issue and found them
to have as much as a 200 foot setback for any drive - through function. He said the drive - through
is right up against Prairie du Chien and he really doesn't see that working. He said if they took
away the drive - through, then he doesn't think the masonry wall is necessary. He said he would
promote a pedestrian oriented coffee service at the convenience store.
Dyer said the Waterfront Hy -Vee is in basically an industrial neighborhood and there is no
residential near that, so design review should consider the context of the building as abstractly
Planning and Zoning Commission
November 15, 2012 - Formal
Page 18 of 23
what it looks like. Pugh said it would very much like the store on Waterfront.
Freerks mentioned that in the staff recommendation it's really more of a 15 foot masonry wall
than a 300 feet wall. Miklo said in initial conference with the applicant, they asked if a berm
would be a possibility rather than a wall. He said staff agreed to consider alternatives to a wall,
but then the plans came back with no berm. He said they are mainly talking about a wall placed
near the drive - through. He said if the drive - through isn't set back, then the masonry wall is
something staff would strongly recommend, but if the drive - through is eliminated that wall
probably wouldn't be necessary.
Freerks said she doesn't feel confident redesigning the applicant's site, but there are certain
elements that are key that cause the Commission much concern and she thinks the drive -
through is the main one. Pugh replied that moving the store further to the east creates some
real challenges to the site so they would prefer to look at it in the context of the orientation of the
store now and this revised plan and the screening.
Freerks said that piles of dirt are cheap and berms would be fine when done appropriately.
Pugh said there are some natural elements in the plan to make it look nicer.
Weitzel reminded him that the goal of screening is also to reduce noise and lights.
Nancy Adams -Cogan of 1117 St. Clementss Alley said she speaks for herself and her husband.
She said the Hy -Vee store is a very good land use choice for that area. She said the rezoning of
Tract #2 from RS -8 to CC -2 would shrink the area of the neighborhood and remove some of the
buffer between what will be rezoned CC -2 and the rest of the residential area located north of
the CC -2 zone. She said some of the Tract #2 is green space with established, large trees, and
they believe it should remain that way. She said the lots on the east side of St. Clementss
where there used to be two duplexes should remain RS -8, adding to the buffer zone and could
be used to create a sound barrier between the neighborhood and the commercial area. She
said they can currently hear Hy -Vee's recycling program and they won't welcome that sound in
a closer location. She said they are concerned that property values tend to decline when next to
commercial areas. She said traffic on Prairie du Chien has increased to the extent that it's
difficult to access Prairie de Chien from St. Mathias Street, particularly during peak hours. She
said the new store will create even more traffic and she would like consideration of a traffic light
on Prairie du Chien and St. Mathias. She said emergency access to St. Clementss could be
slowed because they are losing their straight shot out to Dodge Street because of the parking
lot and they would welcome that access with this project.
Eastham asked if people on St. Clementss could come through the Hy -Vee parking lot. Miklo
responded that it's on City right of way but the dairy owns either side of it. Eastham asked if
there is a plan to close St. Clements access to the Hy -Vee parking lot.
Pugh said part of the application is to vacate that alley from St. Mathias to Dodge Street and in
exchange for that, create a city street to connect to Prairie du Chien Road.. Eastham asked if
cars can drive on the new street and get into the Hy -Vee lot. Pugh replied that they could.
Eastham asked if the people on St. Clements could do the same thing. Pugh affirmed they
could.
Freerks asked where the recycling will be.
Hosch said they have an outside vendor provide that service, and if people in the neighborhood
don't want it, that won't be a problem — it would be a service that would go away. Freerks said it
Planning and Zoning Commission
November 15, 2012 - Formal
Page 19 of 23
would have to be part of the plan if they wanted to keep it.
Tam Bryk of 351 Magowan Avenue said she's aware of all the trees that were taken down in
that area. She said she says improvement is a relative term and she thinks the applicant needs
to be sensitive to the neighborhood and what they think is improvement. She suggested that
perhaps the engineers could be a little bit inconvenienced to change the design of the
convenience store and drive through. She said this neighborhood was beleaguered when all
those trees were felled and she thinks the plan needs to be given a bit more thought.
Patricia Knox of 2607 Friendship Street said she lives behind and quite a distance from the Hy-
Vee on 1St Avenue. She said Hy -Vee put in a huge berm to cut down on the noise and planted
evergreens, and it still doesn't prevent her from hearing the noise of the compressors on their
roof and at night in the summer they can't sleep with the windows open. She said she wants the
Commission to be aware about the noise and find out where those compressors will be placed.
Freerks closed public hearing.
Freerks said they have some time on this, and there are a number of questions the Commission
has that suggests they defer a vote.
Eastham moved to defer this item to the next meeting on December 6th, 2012.
Thomas seconded.
Eastham reiterated that he is particularly interested in the appearance of the store itself from
Dodge Street from both its southern and eastern aspect, as well as the appearance of the
parking area. He mentioned an aisle in the lot that may be noncompliant. Miklo explained that
staff has not yet reviewed this plan.
Dyer asked to see the back elevation of the store. Miklo said there is the loading dock back and
then the back that would be exposed to an open area.
Dyer asked if the store would sit at an angle on Dodge Street. Miklo said that was correct.
Dyer asked if that would be visible driving into town on Dodge Street. Miklo said it would.
Weitzel said he doesn't have any problem with the design of the store right now, but he would
be interested in looking at if the canopy meets all sign standards and what about emission of
noise from the cars and the effects on the neighbors.
Freerks said she doesn't have any problem with the way the building is sited on Dodge Street
but she would like to give staff some time to look over the drafts and see that everything meets
standards. She said she has concerns with the recycling and where it would be placed, and
noise from the drive - through, if it's necessary. She said if it's something that can go away she
thinks there could be simpler solutions and if it stays, she said they need to look at berms and
some masonry because the headlights will be too much for the houses across the street. She
said this is something important that they've always put a lot of thought into when there are
drive - throughs that are adjacent to the area it would affect. She said she'd like a better idea of
the alley configuration and buffer screening and the trees that will really need to be removed to
Planning and Zoning Commission
November 15, 2012 - Formal
Page 20 of 23
put the road in. She said the trees are important parts of the neighborhood buffering and are
part of a reason why that area was not rezoned and dairy did not expand in that direction in the
past.
Martin said she agrees that there are questions that need some more consideration but overall
this is an arterial going toward Northgate, and there is a lot of activity over there. She said this
makes a lot of sense, but there are definitely things that need to be considered, but for the most
part, she's very much in favor of this, especially having a coffee shop right there.
Swgard said she agrees that it's an arterial street and is heavily trafficked and this is where they
put this kind of development but they need to be very sensitive to the established neighborhood,
especially with that drive - through and having it so close to the neighbors to the south, the noise
during whatever hours of operation would be, and the headlights.
Thomas agreed.
Freerks said that this is important to the community but it's about finding a way to not have it not
be obtrusive to the surrounding area and making it compatible.
Eastham said he is fine with the land use but these design elements concern him.
A vote was taken and the motion passed 7 -0.
Comprehensive Plan Item
A public hearing to amend the Comprehensive Plan to adopt the Downtown and Riverfront
Crossings Plan as an element of the Comprehensive Plan.
Howard said the goals are similar to the sub -area plan that was adopted, but they added a
couple things. She said one of the main goals is to maintain Downtown Iowa City as the focal
point of the region, and making sure that development and redevelopment in Riverfront
Crossings is connected to and complements Downtown. She said the plan also adds a
component regarding the west side of the river. There was extensive discussion about how to
address issues and what the character will be on the west side of the river. Thirdly, she noted
there were many people from the arts community who got involved in the planning effort, and it
became a goal of the plan to incorporate art throughout downtown and Riverfront Crossings.
She said as a consequence of this planning effort an ad hoc arts group has formed that has
been active in thinking about how art and living and working space for artists and a community
art center could be incorporated into the plan for Riverfront Crossings. She noted that several
people from that group were in attendance at the meeting.
Howard noted that there are many details in the plan that the Commission should look over, but
she would just note some of the highlights. She said that most of the property in the district is
privately owned, so the goal of the plan is to facilitate and create a vision for private
development and redevelopment over time. She said the public part of the plan is rethinking our
relationship to the Iowa River and to Ralston Creek and how we create community and public
space in those areas and how that can be a catalyst for redevelopment in this district. She said
the plan also addresses how important a multi -modal transportation network is to creating a
sustainable urban neighborhood. The plan addresses goals for improvements to the street
infrastructure to better accommodate bicycles and pedestrian, goals for restoring the street grid,
Planning and Zoning Commission
November 15, 2012 - Formal
Page 21 of 23
the creation of public green space, and how to incorporate arts into the new neighborhood.
Howard said there had been a lot of discussion about how to stabilize the neighborhoods north
and east of downtown, and one way to do that is to figure out where student housing should be
located, and Riverfront Crossings has been identified as an area for high density student
housing if it's properly located away from low density neighborhoods. She noted that the bicycle
community has asked for a few changes to the bicycle section of the plan, and staff is fully in
support of what they are suggesting. She said there's a lot in the plan about green space,
extending the Iowa River Corridor Trail, rethinking the Iowa River and how to make it more
resilient to future flooding, restoring Ralston Street, and thinking about public art and how it can
be incorporated. She said there are a number of ideas in the plan such as an art incubator
program, how to incorporate public art throughout the entire district and specifically the idea of a
community art center in the old Wastewater Administration Building.
Freerks opened public hearing.
Leslie Hollis of 2030 Sweetbriar said she is part of an ad hoc group that is very excited that the
arts are being considered in this development. She said she currently has a business on Maiden
Lane, and she knows that Maiden Lane was considered to have a lower density live -work
spaces. She said that meditations are held in her building so they are hoping that the train can
be replaced with light rail. She said the ad hoc group has looked at the Wastewater
Administration Building called the Control House that they hope would be preserved and
possibly turned into an art center when the new park is developed. She said they hope they
could have conversations with the City as the waste water treatment plant is decommissioned to
save some of the large containment structures in the back that could be used for garden space
or water containment.
Patricia Knox said she is also part of the ad -hoc group called AHA! (A Home for the Arts). She
said they have been focusing on the control house for an art center, which is smaller than what
they had been envisioning with all the things they'd like to include, but it's a good place to start.
Tam Bryk said she is part of AHA! and they have met with all kinds of groups about Riverfront
Crossings and the potential for an arts center in town. She said there is a significant number of
artists in town who do not have a studio. She said there is a need for community space where
artists who work alone can come together, and her group thinks that Riverfront Crossings is
prime for this kind of space.
Jiyun Park of 20 Rocky Shore Drive is a member of AHA! and is here as a supporter of the arts
and the community. She thinks the Control House would be a great location to serve both the
arts and the community. She said she also thinks that incorporating Riverfront Crossings as part
of the Comprehensive Plan would be a great idea.
Freerks said maybe the school district could get involved to some degree in the arts projects
that AHA! is envisioning. She said she feels that the arts are slightly endangered in some areas
of the community and to have a way that the two could work together in the future would be
great.
Park said that's a brilliant idea.
Freerks closed the public hearing.
Eastham said this is a major plan and he would like more time to review and consider it.
Planning and Zoning Commission
November 15, 2012 - Formal
Page 22 of 23
Eastham moved to defer amending the Comprehensive Plan to adopt the Downtown and
Riverfront Crossings Plan as an element of the Comprehensive Plan to the Commission
meeting of December 6th, 2012.
Thomas seconded.
A vote was taken and the motion carried 7 -0.
OTHER:
ADJOURNMENT:
Eastham moved to adjourn.
Thomas seconded.
The meeting was adjourned on a 7 -0 vote.
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