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HomeMy WebLinkAbout2013-03-19 Bd Comm minutesAd Hoc Diversity Committee, February 25, 2013 Page 1 MINUTES FINAL 2b(1) AD HOC DIVERSITY COMMITTEE FEBRUARY 25, 2013 HARVAT HALL IN CITY HALL, 4:00 P.M. Members Present: Cindy Roberts (left 5:40), Joe Dan Coulter, Orville Townsend, Sr., Joan Vanden Berg, LaTasha Massey, Kingsley Botchway II (arrived 4:30) Staff Present: Dilkes, Karr, Markus Others Present: Charlie Eastham REVIEW MEETING MINUTES: Co- Chairperson Roberts began the meeting at 4:12 P.M. with the February 20, 2013, meeting minutes, asking if there were any changes or amendments to be made. Coulter moved to approve the February 20, 2013, meeting minutes as presented. Townsend seconded the motion. The motion carried 5 -0; Botchway absent. DISCUSSION OF DRAFT RECOMMENDATIONS: Roberts began the discussion by asking them how they would like to approach this review. Townsend stated that he would like to discuss a possible change with the PCRB section, on page 12, item 6. He noted the section that reads: accomplish through a committee appointed by City Council or a Council designee. Townsend suggested adding: "If at that time it is felt that there are still problems and that the process isn't working, it is recommended that the Police Citizens Review Board be eliminated. It is further recommended that if the City Council chooses to create a new system, that several members from the minority communities be involved in the process." Roberts then asked the group for their thoughts on Townsend's suggested wording of this recommendation. Coulter moved to approve the addition to the above - referenced recommendation, as discussed. Roberts seconded the motion. The motion carried 5 -0; Botchway absent. The discussion then turned to the staff changes and updates for the PCRB section. Ad Hoc Diversity Committee, February 25, 2013 Page 2 Coulter moved to approve the staffs' suggested changes to the recommendations for the PCRB as specified in the late handout of February 25, 2013. Roberts seconded the motion. The motion carried 5 -0; Botchway absent. Townsend then brought up the section regarding the high school visits. On page 14, item 2, where it says: during a meeting with students at a city high school; Townsend suggested they make this "students at City High School" or "students at a high school." Karr asked what the preference was here. Members agreed to have this worded as "...students at a high school" to keep things neutral. Roberts then asked about the police section and whether or not they are going to incorporate examples into this section. Vanden Berg stated that she still believes they need some type of introduction as to why they are giving the recommendations that they are. She believes this will give some clarity to the recommendations being made. Vanden Berg distributed and reviewed her handout (Introduction / Needs Assessment) with Members, briefly clarifying the additions and changes she has made here, noting that this can serve as a cover letter, of sorts, for the police section. Coulter then spoke to anecdotal examples and the use of officer names in the recommendations or in Introduction / Needs Assessment, stating that he does not believe they should get specific with groups or individuals, or instances. Instead they should summarize what they have heard in the public information gathering sessions. For instance, Coulter noted that he would not mention Officer Bailey by name, but instead would say something like "some officers," keeping the statement broad. Townsend stated that he disagrees with Coulter's comment, that he believes Officer Bailey is doing a fantastic job and that the goal behind Bailey's position is to foster community relationships. Massey suggested they sum it up with whatever Bailey's title is, that this would eliminate his name but would still point out the success of this position. Coulter suggested they change the wording to: "positive comments regarding the Iowa City Police Department's community relations officer ". Some discussion ensued here, with Members sharing their input on this wording change. Roberts shared that she believes when they present these recommendations, including the Introduction / Needs Assessment that they need to let the Council know how positive Officer Bailey's position has been to the southeast side of town. Members continued to struggle with the wording on whether or not to remove Bailey's name. Coulter stated it as: "At public information gathering sessions, they consistently received extremely positive comments regarding the Iowa City Police Department's Community Relations officer." Coulter moved to adopt the two paragraphs under #2 (the second and third paragraphs of the Introduction / Needs Assessment) as reviewed above. Townsend asked for some clarification on this, stating that he believes they need to show the `serve' part of law enforcement by using Bailey as an example of the mentality they are encouraging. Members continued to discuss this portion as they attempted to show the positive side of having the position of a community relations officer. Dilkes interjected at this point, stating that she is not concerned about the Ad Hoc Diversity Committee, February 25, 2013 Page 3 mentioning of the officer's name here. She then reiterated what she believes the Members are trying to get at with this recommendation and/or Introduction / Needs Assessment. The discussion then turned to the use of anecdotal evidence in these recommendations and/or Introduction / Needs Assessment. Coulter stated that he believes they need to remove anything that would point to a specific or personally- identifiable incident. This led to a discussion among Members on how to word their recommendations, with Vanden Berg asking Coulter how he would word this. Coulter stated that when talking about police policies, or a lack of consistency in carrying out these policies, he believes they should cite what policy they mean and how it is being imposed inconsistently, without referring to a specific incident. Townsend stated that he believes since the public gave them this information, in public settings, they should use that information. Coulter then questioned the timing of these incidents, asking if any of them were recent. Roberts reiterated that the examples they have from the various public settings are very important for the City Council to hear, that they should know what the public is saying. Townsend added that if there was going to be a problem with using this evidence as part of their recommendations (or Introduction / Needs Assessment) , he believes the City Attorney would have told them there was a problem. Dilkes stated that she does not believe there is a legal problem here. Botchway then stated his concerns with the second paragraph of Vanden Berg's. He questioned Introduction / Needs Assessment, the first statement, asking what it is referring to. Vanden Berg clarified what the citizen was referring to with multiple squad cars being sent for minor incidents. Roberts then shared an incident where she called the police, a non - emergency call, and three squad cars showed up. She questioned what the policy is on calls like this, stating that she wished she had had the foresight to ask the officers if this was normal policy to send three cars on a non - emergency call. Dilkes suggested a change to the introduction on this suggesting adding: "Participants in the public information gathering sessions shared multiple concerns about a lack of consistency of how officers carried out police policies. The following comments were shared with the committee." Karr stated that she will distinguish between the Committee's public forum and the subcommittee information gathering sessions when finalizing the recommendations. Members continued to discuss the issue of multiple police cars being dispatched to a location, as well as specific wording for the recommendation itself. Massey suggested they bullet some of the points they are making in this section. Others agreed, stating that that will help to clarify this section. The Members moved on the fourth recommendation, with Botchway stating that here too they should bullet the points they are trying to make. Karr noted that on page 15, at the top, she has some questions on how the Members want # 3 worded. Members agreed the item was covered in another recommendation and could be deleted. Vanden Berg will send the electronic master version of the introduction distributed to Karr for revising and distribution at the next meeting. The discussion turned to the issues raised by Immigrant Voices and what changes the Members want to make to their recommendations in light of the February 21 email response. Members reviewed each of the 9 points contained in the email. Coulter spoke to the issues raised at last week's meeting, stating that the preference for these immigrant individuals who do not speak Ad Hoc Diversity Committee, February 25, 2013 Page 4 English fluently is to have an interpreter. He spoke to how an interpreter would be used, whether they would be on the police staff or be under contract with them. Botchway reminded Members that they are making recommendations, not mandates, so they can word their recommendations such as "train police officers to learn different languages ", for one, and also ask that the ICPD find a way immediately to deal with this communication issue. Massey stated that what she took away from the conversation with Immigrant Voices is they would not mind having an officer and an interpreter present. They understand that there may a need for it to be someone besides the officer. The issue of having several officers present, when they don't speak Spanish or whatever language is needed, is what they consider `over - policing' in the minority communities. This led the conversation back to what is the regular policy for these types of calls. Dilkes noted at this point that she spoke with the Police Chief about the issue of interpreters, and that they do have a protocol for interpreters. There is a state law about informed consent and if a person is unable to understand English, they would be unable to give informed consent and understand what they are doing. Townsend noted that this is another point about educating the public on what the normal policy and procedure is so they know what to expect when dealing with the police. Members continued to fine -tune the wording for this piece of the recommendation. Townsend suggested how they should approach this, so that both the public and the police can be a part of the process. The next issue is having a third -party file the complaint, in addition to being there to support the claimant. Karr and Dilkes noted that this is already part of the ordinance, with Dilkes clarifying that it needs to be a person with personal knowledge of the event who files a complaint. Massey noted that she specifically remembers Misty stating at the last meeting that individuals do not wish to remain anonymous, but that they need that third party to carry out the complaint process with them. The Committee continued to review the recommendations. Minimal changes to wording were addressed, with Townsend questioning again whether or not the actual complainant must be present for the complaint interview. He understood the immigrant community to say that they wanted a third party to do all of this for them, that they do not want to be present themselves. He stated that they need to stress in the recommendation that the person must be present at the proceedings, that they cannot just send a third parry to represent them. Dilkes stated that this is more of an education piece, not an actual recommendation. Moving on Dilkes spoke to Members about the memo she shared with them recently about the ICE requirement, where any time an individual is fingerprinted by the police that the fingerprints must go to ICE. She explained how this issue plays out with immigration enforcement and what is beyond the City's control. State and federal laws come into play here. Looking at the sixth item of the email, Botchway noted that this is covered in Coulter's wording/hand -out. On the seventh item, this will be covered by the upcoming surveys, as will the eighth and ninth items. Townsend spoke to the issue of buses arriving earlier than expected at stops and not sticking around for riders. He suggested they add that the buses cannot leave until the designated departure time at each stop. Roberts stated at this point that she would have to leave the meeting shortly for another appointment. Karr asked if March 4 will work for everyone for the next meeting, with another draft of the recommendations to review. This was agreed to prior to Roberts' departure. The Members then moved on to review Coulter's suggestions. He began by reviewing item F — Ad Hoc Diversity Committee, February 25, 2013 Page 5 community outreach and communications, programs and services, and language interpretation skills. Botchway stated that this should really go under the `training' area, with Massey adding that they should do this as an i.e. or e.g. under `training.' Coulter suggested they review the fifth item. Botchway, however, stated that he believes the wording is fine the way it is. Coulter reviewed this with Members, pointing out how the report would be developed in collaboration with the Human Rights Commission, the City Manager, and the constituency offices of the City. Markus noted that the perspective on this issue is that it is very expansive. Coulter stated that it is, but that they have heard extensive feedback from the public and this is where it is being addressed in the presentation. Markus responded to some of Coulter's wording, noting that the City has no control over the School District, or the Library for that matter. Members continued to review the various issues they received concerns on, that had nothing to do with either transportation or law enforcement. Housing is a top issue, according to Members. Coulter suggested they add the departments of the City that would be impacted by these various issues and delete the other items, such as the Library and the School District. Massey suggested that a future committee be formed to look at housing issues. Dilkes added that it could be included in the report but not that it be a recommendation. Massey then suggested they strike item five and have an addendum that suggests that housing and other issues be looked into by future commissions or committees. Majority agreed that they should strike number five. Dilkes asked Coulter for some clarification on the information gathering ( #4c), where he has put `immigrant status.' She noted that this seems contrary to the notion that status should not be asked about. Members discussed how this should be approached in reporting. Markus spoke briefly to who all would be asked to vet these recommendations, noting that ultimately the Council should make this decision, along with the Human Rights Commission's review. Moving on to transportation recommendations, Karr referenced page 9, # 4, and clarified the time issue had been identified but questioned the wording Members wanted for the report. She clarified earlier discussions regarding the use of cell phones, noting that all cell phones should show the same time. Members spoke to how they can approach the time issue and expected arrival times at the various stops. Botchway next spoke to the survey issue and the updating from the email on this. The last part to review would be the translation piece. Vanden Berg asked if they will want the survey information results released to the public, or just how this information will be reported. Botchway and Karr reviewed the language, which will be added to the final draft. Members spoke briefly to adding many of the same education pieces from law enforcement to the transportation piece. Karr noted that she will make these changes to the final draft. Members wrapped up their discussion of the wording additions and changes to be made to their recommendations. Discussion continued about follow -up meetings with the public to continue to get feedback about such issues. Botchway asked if there would be a reconvening of some type of committee to make sure that these recommendations are being implemented. He stated that he believes they should have this as a general statement at the end of their presentation, that the Committee recommends that after a year either another committee or this one be given the charge of looking into whether these changes have been made. The discussion briefly centered on an equity report, with Markus suggesting they say that in the first equity report the City Manager will include a status report on all of the recommendations made by the Ad Hoc Ad Hoc Diversity Committee, February 25, 2013 Page 6 Committee, as approved by the City Council. Members agreed to make this the fifth recommendation in this section. A final wrap -up of recommendations included a discussion by Members of having timeframes on some of these recommendations. Markus addressed this, stating that they can also use the City's web site to show updates, once the Council has made their final approval of the recommendations. Townsend added that he would like to have this information from the Police Chief, as well, with timeframes on when recommendations will be met. Massey brought the discussion to page 17, noting that they were going to add the other issues they heard from the public here, such as housing and employment. Massey will provide what she has written as the introduction to the transportation recommendations with Karr, who will incorporate it into the final draft. TENTATIVE MEETING SCHEDULE: The next meeting of the Ad Hoc Diversity Committee will be held on Monday, March 4, 2013, at 4:00 P.M. at City Hall. ADJOURNMENT: Townsend moved to adjourn the meeting at 6:25 P.M. Coulter seconded the motion. The motion carried 5 -0; Roberts absent. m U a M 0 N N w 0 U Q U O x 'O d �O VM rl ."_�'WN N U N LZ 0 Z N O FW- x F- .� a Q L U X W N C '- 0 N (0 .Q CL Q Q Z " II II II W YXOOZ 03/04/13 z Z 02/25/13 z x x z x x 02/20/13 z X X Z':5 x X X X 02/11/13 z x x z X x x O w 01/31/13 z x x z x x x x 01/14/13 z x x O O x X x 01/03/13 z x x x x x x x 12/17/12 z x x O X X X x 12/10/12 z x x Ow X X x Ow 12/3/12 z x O w x x x x x 11/19/12 z x X Ow Ow X X x 11/15/12 z X x x X X x O W 11/13/12 z x x X x X X O w z� X O W X O W x x x 10/29/12 20212 Z x x x O w x x x 10/15/12 Z X x x x X x X 10/8/12 z x X X X x x X 09/24/12 z x x x X X x x 09/17/12 z x x x x X x z 09/10/12 x x x X X X x z 08/29/12 X x x x x x Z W M M M M M M M M M M M M M M Q z o� Ax ° o vx b�A � c� �> �� aaaa� � o O •� o off 0 0 ti� �� a L U X W N C '- 0 N (0 .Q CL Q Q Z " II II II W YXOOZ Ad Hoc Diversity Committee, March 4, 2013 Page 1 MINUTES APPROVED 2 AD HOC DIVERSITY COMMITTEE (by electronic vote; no meeting) MARCH 4, 2013 HARVAT HALL IN CITY HALL, 4:00 P.M. Members Present: Cindy Roberts, Joe Dan Coulter, Orville Townsend, Sr., Joan Vanden Berg, LaTasha Massey Members Absent: Kingsley Botchway II Staff Present: Markus, Dilkes, Karr Others Present: Eastham REVIEW MEETING MINUTES: Co- Chairperson Roberts began the meeting at 4:10 P.M. by stating that Vanden Berg would be arriving shortly, and then she thanked everyone for their hard work and dedication to the Ad Hoc Diversity Committee. Roberts then switched to the February 25, 2013, meeting minutes with Vanden Berg's arrival, asking if there were any changes or amendments to be made. Coulter moved to approve the February 25, 2013, meeting minutes as presented. Townsend seconded the motion. The motion carried 5 -0; Botchway absent. ADOPTION OF RECOMMENDATIONS TO CITY COUNCIL: Roberts noted that the Ad Hoc Diversity Commission officially ends on March 10, 2013. She added that her hope is to have their recommendations finalized by the end of tonight's meeting. She suggested they start out with the PCRB section, then move to the police department and transportation, as they are currently, and then review the Members' comments on each section. Karr noted that the email response from the Immigrant Voices Project to the Committee was contained in the meeting packet. Vanden Berg noted how Pheasant Ridge was identified in the introduction of the report as a sub- committee meeting and requested that all sessions be identified as such. Moving on to pages 2 and 3 (the resolution), showing the charge from the City Council, Roberts noted there would be no changes. She then asked for questions or comments on the section beginning on page 4. Vanden Berg noted that on #1 where it says community members stated that the PCRB `is a joke' as being a bit harsh. Coulter moved that they should strike this sentence. Roberts followed up that they should perhaps rephrase this, not eliminate it. Roberts stated that they don't Ad Hoc Diversity Committee, March 4, 2013 Page 2 necessarily want to dilute this concern, but that perhaps a different way of phrasing it would help. Townsend stated that what he heard was that the PCRB's process was not going to give them a positive or fair outcome. Vanden Berg noted that they get to this point in the actual recommendation. Members continued to discuss the wording, and agreed `is a joke' be replaced with `was ineffective and lacking in fairness'. Roberts then asked about item 3, the second sentence, on page 4. She questioned `the following comments were shared with the Committee,' and if this should be replaced with `the following examples' instead. Dilkes stated that she believed the reason they chose this wording was due to the fact that these were not investigated scenarios, but ones that were shared with the Committee at public sessions. Massey suggested they add `a few comments' to show that these are just some of the comments received. Majority agreed to "Comments shared with the Committee included the following:'. Vanden Berg noted the third point, where it talks about additional officers being called in on traffic stops, as already being covered under the fourth bullet point. Townsend then suggested they move the `additional officers on call' so it stands out more. Coulter then countered with combining the third and fourth points into one, and others agreed. Karr then brought up the highlighted portion, noting that this is duplicated elsewhere in the document. Townsend noted that this was due to a compromise, so it should remain in both spots. Moving on to page 5, item 4, Roberts asked for comments from Members. Vanden Berg noted where it says `participants of the forum stated they would appreciate ... our system works' be changed to `...how law enforcement in Iowa City works.' Members briefly looked at various wording options, settling with `how the Iowa City law enforcement system works.' Massey suggested they take out `from the immigrant community' and just say `community.' Others agreed with this amendment. Roberts then moved the discussion to page 6, recommendations for the PCRB. She questioned under section B, under issue, the use of the word `suspicion.' Townsend stated that he is uncomfortable with changing exactly what the public said to something else. The message they want to share with the City Council is exactly what was shared with them in the public meetings. Massey noted that if they removed `suspicion' then there are other words in the section that would need to be changed as well. Members agreed to leave this as it is. Karr pointed out a couple of housecleaning issues with the document, regarding spacing and punctuation, that would be corrected. In response to Members, Dilkes further clarified why the change to `police' instead of `police chief here as the Chief is not always the one involved in a complaint. Next reviewed was page 7, item 6. Roberts asked the group for their input on the elimination of the PCRB, if it would be determined that it is not working. She asked if they needed to add to this recommendation concerning any ideas they may have about a `new system.' Townsend added that if this would happen, they need to make sure that there is a lot of public input, and he would like to see it worded as such. Coulter suggested the wording be `members of minority communities,' eliminating the `several.' He stated that they don't want to limit this input. Townsend suggested they even have a survey done if the PCRB were to be resolved, in order to get even more public input, especially from the minority communities. Members then discussed how this might be handled, via focus groups or public forums. After some discussion, Members agreed that focus groups would be more productive than a survey. Karr and Dilkes suggested Ad Hoc Diversity Committee, March 4, 2013 Page 3 wording `It is further recommended that if the City Council chooses to create a new system, that the advisory group include members from the minority communities, and that public information sessions such as focus groups be involved in the process.' At this point Coulter asked if they should not refer to the immigrant community as well as minority community in these recommendations. After a brief discussion, it was agreed to say `minority communities' and not just `community.' Roberts then moved to page 8, the ICPD, for review. Vanden Berg questioned the article being attached to this section, noting that the majority of the information is already in the body of the document. Others noted that they believe having the entire article present is better. Karr will get a clean copy to include with the final recommendations from Vanden Berg. Vanden Berg then moved to the second paragraph on item 2, where they talk about `officers being more visible,' be changed to `officers being more positively engaged.' She added that it is not that they want officers in the neighborhoods more, but to be positively engaged with the neighborhood at all times. Roberts suggested they also change the second line about `Most activities listed were committees and not meetings, ...' by inserting `community' before `meetings' to help bring this point out in the one about `officers being more positively engaged,' as this is the major goal here. Karr noted the highlight will be removed on page 9. Roberts brought up in this section the need to change where it says `minority community' to `minority communities' to capture all individuals. Coulter pointed out another spot where this will need to be changed, as well. With no further comments here, Members moved on to page 10 briefly. This then concluded the PCRB and police department recommendations. Members then moved on to the transportation summary and recommendations, starting on page 27. Coulter questioned the use of `we,' stating that they have not been using this throughout the document; that they should probably change this to say `the Committee.' Vanden Berg stated that the biggest thing she got from this side of the comments was the need for Sunday service, more routes, and extended services. Members discussed the best way to capture these key points, reviewing a possible bullet point of. lack of Sunday service, limited Saturday service, and difficulty accessing public transit to get to work. Townsend noted that on item 27, where it says `we' continue that they might want to change this to `the Committee' here, as well. Dilkes asked if the Members still want to keep the last paragraph, since they have added the new bullet point. Majority agreed to omit the first sentence of the last paragraph retaining "Other concerns Roberts moved to page 28, service and schedule issues. Karr asked Members to clarify the fourth item here. Roberts stated that she was in contact with O'Brien about this, and that there is an atomic clock at the main facility where drivers can sync their watches, but that most use a cell phone to find the current time. She added that O'Brien would like to see an atomic clock that both riders and drivers could see at the downtown interchange. Karr suggested they combine with the fourth recommendation, showing that Transit is recommending this and that this Committee supports the recommendation. Committee concurred. Townsend then referred to the youth liaison piece of this, asking Dilkes if she sees any legal dilemmas here. Dilkes stated that by using parental consent and that type of thing, they can avoid any problems in this area. Townsend then stated that they should think about addressing how when Transit is making changes to things, they should consider not only financial aspects of what they are doing but Ad Hoc Diversity Committee, March 4, 2013 Page 4 cultural impacts, as well. Members discussed how they might add this as a general comment to the transportation section. The discussion on transportation continued, with Roberts stating that the traditional downtown interchange of the Iowa City transit system has some problems with it. She stated that they could add a statement to this effect. Townsend reiterated that this goes towards what he was saying, that cultural impacts of things transit decides needs to be looked at. Roberts suggested adding a statement to this effect in the transportation overview section. Coulter suggested `social and cultural considerations be given' as the wording here. Roberts brought everyone's attention to page 30, asking if they want to add a bullet item here, as part of these recommendations, to address what Townsend is saying. Dilkes suggested, `consideration should be given to social and cultural issues when considering structural changes to the transit system.' Karr then noted that they need to make the department name consistent throughout the document, that transit is known as Transportation Services. Coulter then noted his handout regarding the Equity Report, stating that his changes are in red. He reviewed the wording changes he had made, clarifying these as he went. Markus asked about the distinction in `linguistic' versus `communication.' Massey and Coulter explained that it is to show how to communicate with people, regardless of language. Townsend suggested adding to number 2, where it talks about what the report will include, in the third sentence where it says `...infractions, complaints...' adding `number of times called to schools, actions taken, race of individual.' He added that he would like to see this pointed out specifically due to the stated concern that the ICPD is called out to the high schools too often. Coulter noted that this is actually covered in number 4, but Townsend stated that he would like to see it separated out. Coulter then questioned if they should separate out the college -age student data from the K through 12 student data. A brief discussion ensued, with Dilkes noting that `race' is already covered, but that `number of times called to schools' is not and that it would be appropriate to add this to number 2. Dilkes suggested using "police calls from schools & action taken" to cover this data point. Massey asked for some clarification on the use of the word `complaints.' Coulter noted that this refers to `formal complaints' when they are talking about this, and the data that is collected from such complaints. Coulter then moved on to number 3, stating that he added the same wording here about `cultural, linguistic interpretation and communication skills' to keep things consistent. Under number 4, Coulter stated that he added under a.) `race and ethnicity,' instead of just `race.' He explained why they would want this wording, and not `nationality.' Instead of `immigrant status,' he suggested the wording `citizenship.' He added that he is defining this as the federal government does in their annual census reports he attached to his handout. Townsend asked for some clarification on this section, questioning the `disability status' data point. Coulter explained that this is a reportable data point that the City can legally obtain. Townsend questioned what this has to do with law enforcement and the charge that they have been given. He and Coulter exchanged views on whether disability issues should be part of their recommendations. This led the discussion to accessibility issues, such as if a disabled person were arrested, would they be able to easily access the police department. After some discussion, Members agreed to word this as `disability and accessibility status' in order to capture these issues as well. Coulter brought up the community member's comments about her service dog as an example. Dilkes then clarified Ad Hoc Diversity Committee, March 4, 2013 Page 5 this section of the recommendations with Members, questioning how this addition should be added. Coulter further clarified what he was trying to get at by asking for this information. Massey suggested they use Dilkes' suggestion to put `whenever appropriate,' instead of `whenever available.' Dilkes then suggested they use both `appropriate and available' to make this even broader, to which Members agreed. Members continued to discuss this portion of the recommendations, with several disagreeing about the citizenship question and whether this is data that should be collected. Townsend noted that it is almost bordering on profiling by asking these types of questions, something they do not want law enforcement to do. He asked Markus what his opinion is on this matter. Markus stated that most likely Council will turn this over to staff and will want staff to evaluate each of the recommendations, thus giving their own recommendations on what can and cannot be accomplished. He added that the Committee doesn't need to worry about such details, as the staff will be looking into those further. Coulter noted that he put a number 5 back in here, due to their past conversations. Members reacted to this, noting that this is already touched on in here as `other comments from the community.' It was agreed to remove number 5, after a brief discussion. The discussion moved back to number 4 and the requesting of citizenship. Dilkes noted that she is uncomfortable with this unless `appropriate' is in the recommendation, as previously discussed. Dilkes further suggested the wording `when available and relevant' instead. Members agreed with this new wording after a brief discussion. Coulter reiterated that he believes this is an important data point to collect. After further discussion the Committee agreed to retain the wording of item 4. As distributed by Coulter. Townsend then asked if the final copy will be what they have talked about today, or if any further changes will be made to it. Karr responded that she plans to make today's changes and finalize the recommendations as per their discussion. Dilkes suggested that the Committee move to accept the recommendations as amended today. Karr will provide a finalized copy of the recommendations to Co -Chair Roberts this week for review and distribution to City Council prior to the March 10 deadline. Roberts moved to adopt the recommendations as amended. Vandenberg seconded the motion. The motion carried 5 -0; Botchway absent. PUBLIC INPUT: Robin Clark- Bennett addressed the Members, thanking them for the work they have put forth on these recommendations. She stated that she has spent a lot of time working on the Immigrant Voices Project and that she wanted to make one last appeal for the idea of a recommendation asking for consistent use of interpretation. Secondly, she referred to the recommendation of having a third party available for a person to file a complaint for them. Clark - Bennett stated that many in the immigrant community fear having their name associated with any kind of charge, Ad Hoc Diversity Committee, March 4, 2013 Page 6 that they fear losing their citizenship or chance of citizenship. Basically some way of lessening the complainant's visibility is what is desired here. Dilkes reiterated that the PCRB process is completely confidential and that a complainant would not be publicly known. The discussion continued on the confidentiality issue, with Dilkes noting that if a complaint is filed, having a third party sign it is not going to keep the actual complainant out of it. Clark- Bennett noted the fears of the immigrant communities, how having someone at their side during this process would be a big comfort. Dilkes stated that the current process allows that and always has. The Committee agreed that the education piece — letting the public know the details of the complaint process — is what is missing here. Members then responded to Clark- Bennett, pointing out where her concerns have indeed been addressed. Clark- Bennett added that she would like to see it clarified to the ICPD that not only is there an expectation for training, but that interpretation be consistently used. ADJOURNMENT: Coulter moved to adjourn the meeting at 6:00 P.M. Massey seconded the motion. The motion carried 4 -0; Vanden Berg left and Botchway absent. w 0 to PO M 0 N O U Q U O x b m O OW 0 M >w 'y V L Z m Q Q o Z o~ 'a Q Q M 0 N N T CD N a L U W C W N N Q a`.QQz W YXOOz 03/04/13 z X X z O w X X X 02/25/13 z X X z X X X X 02/20/13 z X X z X X X X 02/11/13 z X X z X X X O w 01/31/13 z X X z X X X X 01/14/13 z X X O O X X X 01/03/13 z X X X X X X X 12/17/12 z X X O X X X X 12/10/12 z X X Ow X X X Ow 12/3/12 z X O w X X X X X 11/19/12 z X X O w O w X X X 11/15/12 z X X X X X X O w 11/13/12 z X X X X X X O w 10/29/12 z X O w X O w X X X 10/22/12 z X X X O w X X X 10/15/12 z X X X X X X X 10/8/12 z X X X X X X X 09/24/12 z X X X X X X X 09/17/12 z X X X X X X z 09/10/12 X X X X X X X z 08/29/12 O X X X X X X z �I MM MM MM MM MM MM MM �A �PIP, OH 4 V a a L U W C W N N Q a`.QQz W YXOOz Airport Commission January 17, 2013 Z Page 1 MINUTES FINAL IOWA CITY AIRPORT COMMISSION JANUARY 17, 2013 - 6:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Jose Assouline, Howard Horan, Chris Ogren, Minnetta Gardinier (arrived late) Members Absent: Rick Mascari Staff Present: Sue Dulek, Michael Tharp Others Present: Matt Wolford RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): CALL TO ORDER: Chairperson Assouline called the meeting to order at 6:01 P.M. APPROVAL OF MEETING MINUTES: Minutes of the November 15 and December 27, 2012, meetings were reviewed. Ogren noted a small issue on page 2 of the November 15 minutes where there is a point B and then a random C that doesn't look like it has anything with it, and then a point D follows. Tharp will make the correction to this paragraph. Ogren moved to approve the November 15 minutes as amended; seconded by Horan. Motion carried 3 -0, Mascari and Gardinier not present. Ogren moved to approve the December 27 minutes; seconded by Horan. Motion carried 3 -0, Mascari and Gardinier not present. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION /ACTION: a. Airport Commerce Park — Tharp noted that he has not heard anything recently from Jeff Edberg regarding the listings at the Commerce Park. (Gardinier arrived.) He suggested that they continue with the meeting and see if Edberg shows up later, but no motion was made to move this item to later in the agenda. b. Fly Iowa — Tharp stated that this is an item that is somewhat of a placeholder and he didn't have anything for the evening. Gardinier noted, however, that she and Ogren have some news to share on this. Ogren stated that they recently met with Deb Dunkase of the Iowa Children's Museum and that she is very enthusiastic about the possibility of such an event. She and Gardinier shared some of Dunkase's ideas with Members on activities and funding sources. Airport Commission January 17, 2013 Page 2 c. FAA/IDOT Projects: AECOM — i. 7/25 Parallel Taxiway Paving & Lighting — Tharp noted that they are pretty much in winter shutdown right now as far as the FAA projects. ii. Airport Electrical Rehab — Once the closeout information is received on this, Tharp noted that they will be able to accept this project and close it out. d. Care Ambulance — Tharp spoke to Members about this, stating that it is basically a renewal of the commercial operating agreement with the Airport. The fee remains $100 per month, and it runs from February to the end of January, 2014. Tharp added that everything has remained the same as last year. The space is actually subleased from Jet Air. Horan asked Wolford if things are going well with this collaboration. He responded that they have been doing well and several areas of service have doubled for Care Ambulance. Gardinier questioned the $100 fee, asking if it has been considered for an increase. Tharp suggested they move forward at this point and that over the next six months or so he can work on some figures for an increase. Gardinier stated that she would like to see them review these fees overall. i. Consider Resolution #A13 -1 Approving the Commercial Business Agreement motion moved by Horan; seconded by Gardinier. Motion carried 4 -0, Mascari absent. e. Airport Operations — i. Strategic Plan- Implementation — 1 . Annual Report - Tharp spoke about the budget first, sharing that during the last few weeks he has been doing budget presentations to the Council on the FY14 budget. Everything went well, according to Tharp, and he shared that the Council appeared to be happy with the Airport's budget moving forward. One of the changes to the budget process this year, according to Tharp, is that there is no longer a night dedicated to boards, commissions, and community groups. This means that the annual report won't be presented to the Council in the manner it has in the past. He suggested a Commission Member attend an upcoming Council meeting to make this presentation. Members agreed that this is an important aspect for the Airport Commission in keeping the communication open between them and the City. Horan suggested they get on the agenda and just do this. Tharp noted that typically what happens is they submit the annual report for a Council Information Packet, and then during the public comment portion of a meeting, they can address the Council. Gardinier shared how she handled some of these issues in the past, when she was the Chairperson. Tharp and Assouline will plan to attend the February 5, 2013, Council meeting to present the Airport's annual report. Others were encouraged to join them. Tharp then shared some of the highlights of this report, noting that they have gone from about $1.5 million in debt principal to about $800,000. Gardinier asked if they are tracking fuel sales, and Tharp explained what information he receives on this annually. Gardinier asked that they update the fuel system so it can keep track of this information. Wolford shared what Jet Air does to collect such data. Tharp will work with him to get this done. Airport Commission January 17, 2013 Page 3 ii. Budget- 1 . Fuel Tank Inspection /Cleaning — Tharp noted that they are still seeing water and debris in the tank. It is being collected by the filters, so that is not an issue. However, they need to replace some of the pipes and joint connectors, hoping that this solves these issues. If it does not, Tharp noted the next step.would be to have a more professional inspection done. This could run around $3,000, according to Tharp. Wolford shared what Jet Air is seeing and what they might need to do with this tank. iii. Management — 1 . Operations Specialist Evaluation — Tharp noted that it is time for his annual review. He stated that the Commission can decide how they would like to do this. Gardinier shared how this was handled last year. Gardinier stated that now that Tharp is at FTE status he needs to show what he has done with that extra time. Tharp also responded to Gardinier's question of another newsletter, adding that he is ready to send this out yet this week. e. FBO / Flight Training Reports — i. Jet Air — Matt Wolford shared the maintenance report with Members. He first reviewed December's activities, noting a couple of issues they have uncovered in cleaning out some old storage areas. He also spoke to the first snowstorm of the season and how well things went for them. For January, Wolford shared that they are still breaking up a lot of ice and have now completed fuel hose replacements. Gardinier asked some questions of Wolford on the cleaning of the runways and some of the lights being knocked over by the snowplows. Wolford then shared with Members some customer comments, showing how many people are happy with their service with the FBO and their interaction with the city itself. Wolford noted that they will be wanting to show Members their new hangar soon. He stated that things are going very well with this addition. Wolford stated that charters have been very slow over the holidays for Jet Air. Air Ambulance has been nice and steady, according to Wolford, and he shared a recent trip they made from Arizona. ii. Iowa Flight Training — No report. f. Subcommittee Reports — Horan stated Infrastructure committee did not meet. g. Commission Members' Reports — Ogren asked if the subcommittee list has been updated yet. Tharp stated that they should wait for a couple months until they have a new member in Mascari's place. Horan shared that he had a "five hour" since the last meeting. h. Staff Report — Tharp noted that Mascari's term expires the end of February. He asked if anyone has any recommendations for a replacement, and asked that they encourage them to apply soon. He also shared how these applications are handled via the City Clerk's office. SET NEXT REGULAR MEETING FOR: Airport Commission January 17, 2013 Page 4 The next regular meeting will be Thursday, February 21, 2013, at 6:00 P.M. at the Airport Terminal building. ADJOURN: Horan made the motion to adjourn the meeting at 7:07 P.M.; seconded by Ogren. Motion carried 4 -0, Mascari absent. CHAIRPERSON DATE Airport Commission January 17, 2013 Page 5 Airport Commission ATTENDANCE RECORD 2012 -2013 Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time TERM r°v °w moo. °� (A rn ° o° o -' � NJ 0 NAME EXP. rn Cnn CA m i (0 0) 0) O � o CD -' cn N o -' -4 N N N N N N N N N N N N W Rick 03/01/13 X X X X X X X X X X X O/E O/E Mascari Howard Horan 03/01/14 X X X X X X X X X X X X X Minnetta Gardinier 03/01/15 X X X X X O/E X X O/E X X O/E X Jose Assouline 03/02/16 X X X X X X X X X X X X X Chris Ogren 03/01/14 NM NM NM NM NM NM NM X X X X X X Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time mvr-ffl-"� 2b(4) MINUTES APPROVED BOARD OF ADJUSTMENT JANUARY 09, 2013 — 5:15 PM CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: Larry Baker, T. Gene Crischilles, Brock Grenis, Will Jennings MEMBERS ABSENT: None. STAFF PRESENT: Sarah Walz, Sarah Holecek OTHERS PRESENT: Michael Pugh, Robert Wetherell, Stephen Moss RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Grenis outlining the role and purpose of the Board and the procedures that would be followed in the meeting. CONSIDERATION OF THE DECEMBER 12. 2012 MEETING MINUTES Baker moved to approve the minutes. Jennings seconded. A vote was taken and the motion carried 4-0. SPECIAL EXCEPTION ITEM EXC12- 00015: Discussion of an application submitted by Robert Wetherell for NCS Pearson, Inc. for a special exception to construct a 142 -foot free standing Small Wind Energy Conversion System (a wind turbine) in the Office Research Park (ORP) zone at 2510 North Dodge Street. Walz said that an ordinance allowing wind turbines in the City was adopted in the fall after a previous appeal failed. She showed the Board the site plan and a view of the property where the wind energy system will be located. She said the nearest residential uses would be on the other side of the interstate, about 2500 feet away from subject site. The Small Wind Energy Conversion System ( SWECS) that is being proposed will be off grid and is intended to generate electrical power only for the Pearson property. She said the SWECS Board of Adjustment January 9, 2013 Page 2 of 10 ordinance tries to balance the desire for renewable energy with the potential externalities that can impact surroundings properties, depending on where the system is located and how it is maintained. If this proposal is approved, the applicant must apply for a building permit, which is required to establish the use. Walz reviewed the application with regard to the specific standards as follows: A feasibility study is recommended, but not required. She said the purpose of such a study is to balance the potential for the amount of energy the SWECS can generate against any negative externalities. She said the applicant has not submitted a study, but given the distance from residential structures, staff believes it is not essential. Walz said that the proposed location for the SWECS is in an open area on the highest spot on the Pearson property, and that the applicant has indicated that no easements or covenants are needed in order for the system to access wind. Walz noted that only one freestanding system is allowed, and only one is being proposed here. The maximum energy generation allowed is 100 kilowatts, and what is being proposed is 95 kilowatts. The specific criterion indicates that the minimum lot size is one acre. Walz noted that the Pearson lot size is fifty acres. The specific criterion requires a minimum setback of one hundred fifteen percent (115 %) of the height of the tower, which equals 164.34 feet. The proposed setback matches the requirement. With regard to the additional siting standards, the proposed horizontal axis SWECS blade shall be located approximately 85 feet above the ground. The site plan indicates that the blades of the proposed freestanding SWECS are not within 20 feet of any parking area, driveway, tree, structure, outdoor use area, pedestrian walkway, or above - ground utility structure or facility and no portion of the facility is within 20 feet of electrical power lines or within 5 feet of underground distribution lines. The applicant has indicated that no part of the proposed turbine is located within or over drainage, utility, or other established easements. Walz noted that applicant has indicated that the system is located in compliance with the guidelines of applicable Federal Aviation Administration (FAA) regulations as amended and will provide such evidence at the time they apply for a building permit. The height standard for freestanding SWECS is limited to 150 feet maximum; the proposed height of the facility, from base to blade tip, is 142.9 feet. Walz notes that the application complies with the design standards: the proposed system is mounted on a monopole; the surface of the proposed system is non - reflective white; no lights are proposed or required as part of this facility; no signage or lettering of any is permitted on the tower or any associated structures. Walz noted that the Board of Adjustment does not have the authority to grant a request for signage or lettering on the facility. There will be no external ladder on the SWECS tower. The proposed system will be off -grid, and so no notification to the local utility company is required. The proposed system will be solely for use by Pearson's facility. The applicant has indicated that the proposed unit (a Windmatic 17S) has a rating of 58 decibels at 20 meters from the tower site. The applicant has provided a calculation based on the Danish Board of Adjustment January 9, 2013 Page 3 of 10 Wind Energy Association's "Wind Energy Manual," indicating that the decibel level at the nearest property line would be approximately 31.32 decibels. Walz explained that the SWECS must be installed and operated so as not to cause a shadow flicker to fall on or in any existing residential structure. Because the nearest residential structure, is located south of Interstate 80, is more than 2500 feet from the SWECS location, a flicker study is not warranted. Walz noted that surrounding property is zoned for commercial uses and will not include residential structures.. SWECS must be equipped with both automatic and manual braking, governing, or feathering system to prevent uncontrolled rotation, over - speeding, and excessive pressure on the tower structure, rotor blades, or turbine components. The applicant has indicated that the proposed system complies with this requirement and includes automatic and manual breaking. The Building Official will verify this as part of the building permit review. In terms of required maintenance, the applicant has indicated that a service agreement will be completed with the vendor to maintain the system in accordance with the manufacturer's specifications. Staff recommends a condition of the special exception requiring the applicant to provide a copy of the service agreement with the building permit application. Staff also recommends that appropriate measures for access and marking of the shut -off must be determined by the Building Official. The applicant has indicated the wind turbine blades are made from materials that are "invisible" to radio frequency transmissions and are designed so as not to cause interference. Required drawings for electrical components and engineering drawings and analysis must be submitted and approved as part of the building permit process along with a Certificate of Insurance showing general liability for the installation and operation of the SWECS with the building permit application. The applicant has agreed to the special exception terms for removal of a SWECS that is no longer in use and will make available to the Building Official any reports or documents needed to determine functionality. Walz said that evidence for compliance with the specific criteria apply to the issues of safety and the potential effects on adjacent properties in the general criteria. She said the Comprehensive Plan doesn't address this particular use specifically, but in general the City does encourage the efficient use of resources and that the Research Park zones are for siting the kinds of large uses that would invest in these sorts of systems. She said that staff is recommending approval of EXC12- 00014, an application to install a Small Wind Energy Conversion System ( SWECS) in the Office Research Park zone (OPR) at 2510 North Dodge Street subject to the following conditions: 1. Substantial compliance with the site plan that the applicant presented the Board with the location for the wind turbine. 2. Approval of the 142.9 foot Windmatic 17S that they describe in their application 3. There are no lights, signage or advertising permitted on the system, advertising meaning printing. 4. Approval of the building official of the clearly marked and easily accessible shut -off for the wind turbine. 5. The applicant must apply for a building permit at which time they must provide the following documentation: • Certificate of insurance for the system. Board of Adjustment January 9, 2013 Page 4 of 10 • Demonstrated compliance with FFA regulations. • Approval of the manual automatic braking system as required by the special exception. • Engineering analysis for the system and certification by an Iowa licensed professional engineer as required by the specific criteria for the special exception to insure the structural integrity of the system. • A signed maintenance agreement to ensure the long -term functionality and safety of the system. Jennings asked how staff verify the applicant's assertion, for example, that "The applicant has indicated the wind turbine blades are made from materials that are 'invisible' to radio frequency transmissions and are designed so as not to cause interference" without a certificate. Walz said that her understanding is that the criteria put the applicant on notice that the turbine has to be constructed of materials that don't interfere, and staff relies on the word of the applicant. However, she said, it the system does cause interference, the applicant is agreeing that the turbine can be removed. Jennings asked if that is similar in instances of flicker if a hotel or other transitory residency should be built closer than 2500 feet to the turbine. Walz said a hotel would not be considered a residential use. She said in this situation there aren't going to be any residential uses located any closer to the subject site because they are prohibited on all of the adjacent property. Jennings asked if the Iowa Department of Transportation is convinced that flicker won't cause any kinds of traffic hazards. Walz said it is the assumption that it won't. Baker and Walz had an extended discussion about the new standards for wind turbines. Baker asked whether in the future the Board would determine on a case -by -case basis whether to recommend or require a feasibility study to balance the harm or negative externalities to residential property with the potential for the wind turbine to generate power. Walz answered, yes. Baker wanted to know if there is the potential that for another location on this subject property for a comparable turbine. Walz said that if the applicant would have to come before the Board of Adjustment and go through this process again. Baker asked if Pearson wasn't using all the generated power if they could put the turbine bakck onto the grid. Walz replied that it would not be put back in the grid. Baker asked if in the standards there is a setback requirement relevant to buildings. Walz said she didn't believe there was. She said the ordinance was taken from other, similar ordinances in other communities in Iowa. She said that in the winter, wind turbines can throw ice and snow, so you wouldn't want the wind turbine located where a person or vehicle might be hit. Baker asked if the City would need to know where the turbine can be shut off in case of emergency, and does the City have the power to do that shut off. Holecek said that would be part of the special exception. Baker asked if, in general, a business has a wind turbine and the business shuts down, who becomes responsible for the removal. Walz said it would be the property owner's responsibility. Jennings asked if there was anything in the standards regarding the vibrations created by wind turbines and how they may effect the underlying geologic formations. Walz said there was not. Board of Adjustment January 9, 2013 Page 5 of 10 Baker asked Jennings to expand on this question. Jennings said because this project vibrates and it is tied to an underlying geologic structure it can carry audible and sub - audible range vibrations some distance. He said it could disrupt and disperse some distance away but not be readily identifiable. Walz said that is not included in the standards. Grenis invited the applicant to speak. Mike Pugh, counsel for the applicant, said that a wind turbine is an allowed accessory use in the OPR zone, but the ordinance says if the tower is in excess of 45 feet, the applicant must comply with the specific criteria of the ordinance and come before the Board for a special exception. He said the specific criteria are the most important regarding the installation of these turbines, and he believes this application meets all those criteria. Pugh said, for the record, he would like to adopt Pearson's application, those responses to those specific criteria as well as Walz's detailed staff report and her responses to those specific criteria as well as her verbal report that was provided to the Board this evening. Pugh said the application did include a reference to signage on the wind turbine, and they are deleting that from their application. He said that Pearson has read the specific criteria that were read into the record by Walz and is in complete agreement with them, with the exception that it's a142.9 foot tower rather than 143.9 feet, which is set out in the staff report. Pugh referred back to Jennings first question and said that that almost all the building criteria require the building official at the time the building permit is issued to verify those things. Walz and Holecek explained that if the applicant were not complying with the standards it's not only that the applicant would fail to get the permit but they would fail the special exception and that could start a municipal infraction enforcement process. Wetherell, Director of Facilities for Pearson in Iowa City, said they feel that their wind turbine does meet the City's specific and general criteria as outlined in the ordinance. Baker asked if it possible for cell towers and wind turbines to be joint uses.Wetherell said it's not technically impossible but that Pearson doesn't intend to do that. Grenis opened public hearing. Stephen Moss said he is representing the family who owns the land west of Pearson's property. He said he didn't understand the discussion about flicker, because in theirdevelopment they intend to have residential and a four story hotel, both of which would be affected by flicker. Walz explained that the requirement with shadow flicker is that the system can't cause shadow flicker to fall on or in any existing residential structure and that the existing zoning on his property does not permit residential uses. Moss said they have working for four years to get this project started, and they are about two months away from having the final plat accepted. He said he did not want to stop the wind turbine, and he wants to be a good neighbor, but he wants understand how this might impact his own property. He asked if the shadow flicker and ice throw zone are based on the height of the turbine. Walz said he is not inhibited from developing his property as allowed by the zoning designation. Moss replied that there are many companies that will not locate next to a wind turbine, including some Fortune 500 companies, because it creates an adverse effect. He said within the 170 acres on his property there will be some living quarters because the Council has Board of Adjustment January 9, 2013 Page 6 of 10 indicated that they want people to be able to live and work in the park. He said he has questions about the vibrations a wind turbine will create and the effects of them. Crischilles asked on the zoning map what parcels Moss is talking about and how much land he owns. Moss said he owns all 170 acres. Crischilles asked Walz to clarify the zoning designations on the map. Walz explained the zone designations. She said in the zoning code it doesn't list residential uses for Office Research Park (ORP) or Research Development Park (RDP), which are two of the zones in the parcel. Moss said he is talking about hotels. Walz said those would be considered commercial uses. Moss said he understands that but wants to know what the difference is between a person in a hotel or a house or a restaurant. Holecek answered that the uses are quite different, as hotel guests are not permanent residents on the property. Baker wanted to know if they have quantified the extent of that shadow flicker. Walz said the applicant could speak to that and they addressed it in their application. Moss asked how the ice throw zone was determined. Holecek said the insurance as well as the setback requirements are to allow adequate space for ice throw. Moss asked is 167 feet from his property is determined to be far enough. Holecek replied that by the standards it is. Moss said they are not trying to stop the installation of the turbine, but they are trying to make it right. Baker asked the applicant where the end of the shadow flicker would be on this turbine. Wetherell said that firms doing flicker studies look at a value that is typically ten times the height of the tower, and they then study every "sensitive receptor" within that area to determine the effects. He said in this case, since there are no residential structures, they are not able to do a shadow flicker study because they don't have anything to model it on. Baker asked for some clarification. Wetherell said, when they do a shadow flicker study, they use a ratio of ten to one to determine the area to look within. Walz said that would encompass anything within 1400 feet. She said the Moss property is less than 200 feet from the location of the wind turbine, so development will be within that 1,400 feet. Walz said if there was a structure there now, it would be within a flicker study area, however it is not a residential zone. Baker asked what creates the flicker. Walz said it's the shadow of the blades turning. Holecek said it moves with the season and time of year and time of day. Grenis closed the public hearing. Baker said as far as this application goes, based on the criteria of the City, this seems acceptable. He said his concern is not about this particular application but rather about the process and the standards that seem grant a "first -in" use some sort of priority over any future development. He said once these are established, a future development adjacent to where the turbines are, will have to adapt to the existing already approved wind system. Walz said within the General Standards there is criterion #3 that says "establishment of this specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located." She said staff is comfortable that this will not deter future development on adjacent property, but the Board has to decide whether it has a concern based on what Mr. Moss's statements. Board of Adjustment January 9, 2013 Page 7 of 10 Crischilles asked if the issue of the flicker ever applies to commercial buildings and /or hotels and motels. Holecek said the ordinance addresses only residential uses and does not include hotels and motels because of the transient nature of the occupants. Grenis asked if it never applies to other structures. Holecek said the specific criteria do not. Crischilles said those buying in to the development should be well aware that a wind turbine or a parking lot may already exist adjacent or close to them. Grenis wanted to know if this hasn't been addressed in the new standards for wind turbines will it ever be addressed in terms of commercial buildings, hotels and motels, or will that always be a decision of the Board of Adjustment. Walz said she thinks it is not atypical for the Board to regard the location of certain uses and accessory uses as not appropriate next to residential but perfectly appropriate adjacent to commercial or other uses. She said the City's wind turbine standards were based on extensive research into ordinances in other communities in Iowa and the Midwest. Grenis asked if this will ever be look at further or will it always just be the job of the Board on a case -by -case basis. Holecek said that zoning can be changed by the Council at any time, so if something in these standards does not address an identified, negative externality that could arise in the future, it could be amended by the Council to make the use prohibited in certain zones, allowed only by special exception, or add more standards and criteria. Grenis asked how that would get started. Holecek said it either gets started by Council or this Board and then goes through the Planning and Zoning Commission. Grenis said he thought it was difficult to leave it up to the Board on a case -by -case basis because they are not experts in terms of how much flicker is going to bother people, whereas the building permit staff would have a better idea. He said he thinks it should be addressed in the standards for future cases. Jennings said this is similar to discussions the Board has had in the past regarding cell towers and the changing picture of technology. Holecek said since last year's appeal as to whether or not a wind turbine is customary and incidental to as an accessory use, this standard has given specific criteria for one to assess whether or not it is an appropriate use, so it's gone beyond just the issue of whether it's customary use. She said it's gotten better, but the Board has the responsibility of making that assessment. Grenis said with the information the Board is provided with, which is what they are basing their decision on, and the fact that staff should know future uses, and they recommended their approval, he is comfortable supporting the application as presented. Baker said if the adjacent property were already developed with residential uses would there be criteria that determine that that location is not an acceptable one for the wind turbine. Walz said the applicant would have to provide evidence that the shadow flicker does not fall on or in any existing residential structure. She said the adjacent properties are not zoned for residential use. She said if the Board has a real concern that there may be such shadow flicker —that it does diminish the opportunity to develop the adjacent zone —then they should look to General Standard #3 regarding the impact on future development and ask the applicant to produce more evidence regarding shadow flicker. Board of Adjustment January 9, 2013 Page 8 of 10 Baker moved to approve EXC12- 00015, an application to install a small wind energy conversion system in the Office Research Park zone at 2510 North Dodge Street subject to the following conditions: 1. Substantial compliance with the site plan and location submitted 2. The approved system is a 142.9 feet high Windmatic 17S. 3. No lights, signage or advertising are permitted on the system. 4. Approval by the building official of a clearly marked and easily accessible shut -off for the wind turbine. 5. The applicant must apply for a building permit at which time the following documentation shall be provided: a. A certificate of insurance b. Demonstration of compliance with FFA standards or regulations c. Approval of the automatic and manual braking system as required by the special exception d. Engineering analysis for the system and certification by an Iowa licensed professional engineer as required by the specific criteria for the special exception to insure the structural integrity of the system e. A signed maintenance agreement to insure the long -term functionality and safety of the system Crischilles seconded the motion. Baker said regarding item EXC12 -00015 he concurs with the findings set forth in the staff report of January 9, 2013, and conclude that the general and specific criteria are satisfied. Unless amended or opposed by another Board member, he recommends that the Board adopt the findings in the staff report as Board findings for the approval of this proposal. He said in particular he finds that a. the discussion of the shadow flicker standard to be applicable in this case considering that there is no other residential structure currently within 2500 feet of the location b. Jennings added that the applicant provide sufficient information for the building official regarding invisibility to radio frequency transmissions such that they do not cause interference c. Baker added that he finds it relevant that only one such turbine is proposed and allowed on this property and will preclude any comparable turbines in the future Grenis said he concurred with the findings. A vote was taken and the motion carried 4-0. Grenis declared the motion for the special exception approved, noting that anyone wishing to appeal the decision to a court of record may do so within 30 days after the decision is filed with the City Clerk's Office. OTHER: None. Board of Adjustment January 9, 2013 Page 9 of 10 BOARD OF ADJUSTMENT INFORMATION: ADJOURNMENT: Jennings moved to adjourn. Baker seconded. The meeting was adjourned on a 4 -0 vote. W V N LU LL! o Q Z N LL 0 D N p Z ui Q m Q Im x x x x N N x x x x x x x x x x r r- x x x o p o T- C4 x x x x o X X X x M x x x x o O1 x x x x x r- x x 0 x co N x x x x M co x x x N O r x x o x r IL ui O O o O 0 N N N N N W r r r r- H W Z W W C7 Z ~ Y � O C) W pi W J 3 J m J 0 Z y V Z W W Z N Z W Z m U L7 N h O X E N a> Co (R y y 0 a<<Z u u n u xOW I w Y MTM -Trm 2b(5) m�� MINUTES APPROVED HISTORIC PRESERVATION COMMISSION JANUARY 10, 2013 EMMA HARVAT HALL MEMBERS PRESENT: Kent Ackerson, Esther Baker, Thomas Baldridge, William Downing, Shannon Gassman, Andrew Litton, David McMahon, Pam Michaud, Ginalie Swaim, Dana Thomann MEMBERS ABSENT: STAFF PRESENT OTHERS PRESENT: Frank Wagner Chery Peterson, Bob Miklo Mindy Seifert, Tim Sieck RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) None. CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:15 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. CERTIFICATES OF APPROPRIATENESS: 513 S Summit Street. Miklo said this property is located in the Summit Street Historic District. He said the proposal is to remove two of the four chimneys on the house. Miklo said that one of chimneys proposed for removal is on the Summit Street side of the house. He presented an illustration showing what the house would look like without the chimney. Miklo said the other chimney is not really visible from the street. Miklo said the guidelines used by the Commission with regard to chimneys refer to non - prominent chimneys — that if they are not prominent or are not a key element of the house, then in the past, the Commission's practice has been to allow their removal. He said that in this case, the chimneys on the front of the house are quite prominent. Miklo said it would be staff's recommendation that those be retained. However, he said the one in the back is not prominent, and staff would recommend that it be approved for removal. Miklo said it is staff's understanding that the owner would like to construct some closets in the interior of the house, and that is the reason for the chimney removal. He said staff has spoken to the contractor about a couple of options, one of which would be to brace the chimney from the interior and keep the portion that extends above the roof. Miklo said the other possibility would be to create a facsimile of the chimney, but that would not be the favored option. Miklo said staff recommends approval of removal of the rear chimney but not the one on the front of the house. HISTORIC PRESERVATION COMMISSION JANUARY 10, 2013 Page 2 of 5 Michaud asked if the chimneys have been rebuilt. Miklo responded that it looks like the upper portions of the chimneys were rebuilt at one point. He said they probably had more of an elaborate top to them. Swaim agreed that the chimney in the front are prominent and area a significant elment of the houses design. Mark Kennedy, the applicant's contractor said that at this point he believes the owners are fine with leaving the front chimney. MOTION: Gassman moved to approve a certificate of appropriateness for the application for 513 South Summit Street with the following condition: the proposed demolition of the rear chimney is approved, and the demolition of the front chimney is not approved. Baldridge seconded the motion. The motion carried on a vote of 10 -0 (Wagner absent). REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF: Miklo said there was one certificate issued for the installation of a radon - mitigation system at the back of the house for a property on Grant Street. He said it will be painted, as specified by the guidelines, to match the color of the house. REVIEW NATIONAL REGISTER NOMINATION OF HAAS & SON GROCERY STORE, 518 EAST BOWERY STREET. Swaim said that Commission consideration is required before an item goes on to the State review board. She said that interested parties, including the owners, were invited to attend the meeting, but none of them were able to make it. Swaim said that Mary Bennett prepared the nomination and said there were just one or two changes that SHPO asked her to make. Swaim said she thinks the document preparer may also have fleshed out a little bit more about the original owner. Swaim said other than that, the document in the packet is what will be passed on. She asked for comments from Commission members. Miklo said this property was last reviewed for designation as an Iowa City landmark. He said that the criteria used for the National Register are the same as for the local landmark. Baldridge asked what the final resolution was for the door on the alley. Miklo replied that the owner is going to keep the appearance of the door, but it will not open on the alley. He said it is a building code issue. Swaim asked about the front windows. Miklo said the replacement windows were approved subject to chair and staff signing off on them, and the details are being worked out. MOTION: Baldridge moved to approve the National Register nomination for the property at 518 East Bowery Street, as submitted. Baker seconded the motion. The motion carried on a vote of 10 -0 (Wagner absent). REVIEW NATIONAL REGISTER NOMINATION OF OLD SETTLERS' ASSOCIATION OF JOHNSON COUNTY CABINS, UPPER CITY PARK ROAD. HISTORIC PRESERVATION COMMISSION JANUARY 10, 2013 Page 3 of 5 Miklo presented historic and current photographs of the cabins. He pointed out that one of the goals of having these cabins listed on the National Register is to open up access to funding sources for restoration. Swaim asked for comments and discussion. She said the nomination is interesting in how it ties the two into the use of log cabins as a commemoration of early pioneers. MOTION: Ackerson moved to approve National Register nomination for the Old Settlers' Association of Johnson County Cabins, Upper City Park Road, as submitted. Baldridge seconded the motion. The motion carried on a vote of 10 -0 (Wagner absent). PRESENTATION BY TIM SIECK ON A RESOURCE - SHARING WEBSITE FOR HISTORIC PRESERVATION, CURRENTLY IN DEVELOPMENT: Seifert thanked the Commission for allowing them to come in and talk about their endeavors. She said they are looking at examples of ways that the public and private sectors might be able to work together on the type of projects the Commission discussed at this meeting. Sieck said that he and Seifert founded MT Endeavors in the spring of 2011 with a mission to help repurpose historic properties and architectural salvage components so that they can have a modern -day appropriate use. He said that they developed a website, called Historic Building Archives, to fill a need for information. Sieck said they launched the website as a way for individual users who have a passion for an old building, live in an old home, own an old building, or are just interested in old buildings to get and provide information. He said they decided to take it a step further to make it nationwide and eventually worldwide. Sieck said listing something on the website is free. He said there are categories of information and properties. Seifert said one thing they are working on is an auction site of architectural salvage experts where people can specifically buy and sell architectural salvage. She stated that one can choose a category for an item to sell and eventually post it to the website, when that process and website are up and running. Sieck said they are working in this niche that they are passionate about. He said they would like the Commission's help to build a community of preservationists who will use the site and help to build the database. Sieck said they would like Commission members and others who are passionate about old buildings to become members of the archive. He said one would simply have to register to then submit listings and share stories. Sieck said the benefit of the Commission doing this is that it adds another tool in the toolbox of preservation efforts. He said it gives one more level of online exposure. Swaim said the word listing has other meanings, such as listing a property to sell and National Register listing. She suggested using a different word such as posting, to differentiate this website from the other meanings. Seifert said she likes the idea of using the word "post," because it fits in with the online world. HISTORIC PRESERVATION COMMISSION JANUARY 10, 2013 Page 4 of 5 Swaim asked if this website would have links to the Historical Society and other sites. Seifert confirmed this and said they are making a network to pull all this information together, rather than have it be separate. She said the social media aspect involves finding a community of people who are interested in the same things. Seifert said once one can find the people who are talking about the same kinds of things, the discussion just kind of blows up. Seifert said they would like to see all of the types of properties the Commission discusses and the areas and homes and buildings be listed on their website. She said it is frustrating to not be able to find information, and their website is one place that problem can be solved by coming together between the public and private sectors. CONSIDERATION OF MINUTES FOR DECEMBER 13, 2012 HISTORIC PRESERVATION COMMISSION MEETING: Swaim stated that on page five, in the third full paragraph, the last sentence should read, "Swaim asked Commission members to encourage people to support the Jefferson Street District." Miklo stated that because of the approval of the Jefferson Street Historic District there will be one more Commission member to represent that district. He said the member has to be a resident of the district. MOTION: Baldridge moved to approve the minutes of the Historic Preservation Commission's December 13, 2012 meeting, as amended. McMahon seconded the motion. The motion carried on a vote of 10 -0 (Wagner absent . ADJOURNMENT: The meeting was adjourned at 6:12 p.m. Minutes submitted by Anne Schulte X O �mOX u u u u o QQ� CD m 3 '� CD cn n ■ N q O X 0 m X rn N Cl) o n m z n o m w m O 0 Z O n O v ic CA _N O z Q Do N r D C7 D = 3 N O D v O 3 O y C) 3 3 T m m D 3 y = z D z v Z O Co m z G1 v D -CO) m m O 3 ? D D n r- D < m z m O m D m D v O r 7o D -i z N w w w w w w w w w w w w N N N N N N N N N N m M CD fD to CD CO CD C4 w CD fD CD CD .0 ;a ic U1 w ? CP U1 A .P W W C77 ? W X X X X X X I x x X N O N X X X X X ; X X io m m m m X ° X x X x I ° x x x X x X x X 0 x ; X 0 X X N cn x ; ° x x ° 1 x X x 0 0- o� X x ° X 1 x x x X X I � � X � X X X � X X N 9 X I X X X x x x Q x 9 w x I ° x x m x X X x x x Q ° x ° x x x o x x x C4 X I X X x 0 X X 0 x X X X 1 x X X X x X X X X 0o N X 1 x X X X x X x X W I X x X X X X X X X X c ■ N q O X 0 m X rn N Cl) o n m z n o m w m O 0 Z O n O v ic CA _N O z I �- -F. ®4 CITY OF IOWA CITY 2 M E M Q RA N D U Date: March 8, 2013 To: Mayor and City Council From: Tracy Hightshoe, Staff Member of Housing and Community Development Commission Re: Recommendation from Housing and Community Development Commission At their January 3, 2013 meeting the Housing and Community Development Commission made the following recommendation to the City Council: Zimmermann Smith moved to approve a recommendation to City Council to approve an Annual Action Plan Amendment to allow FY13 economic development funds to be used for a fagade improvement program in the downtown urban renewal area. (Passed 7 -0) Additional action (check one) X No further action needed Board or Commission is requesting Council direction Agenda item will be prepared by staff for Council action S:RECform.doc MINUTES APPROVED HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 3, 2013 — 6:30 PM EMMA HARVAT HALL, CITY HALL MEMBERS PRESENT: Andrew Chappell, Michelle Bacon Curry, Cheryll Clamon, Jarrod Gatlin, Holly Hart, Jim Jacobson, Rachel Zimmermann Smith MEMBERS A BSENT: Scott Dragoo, Charlie Drum STAFF PRESENT: Tracy Hightshoe OTHERS PRESENT: Scott Hanson, Roger Lusala, Ron Berg, Beth Ritter Ruback, Tracey Achenbach, Phoebe Trepp, Jim Swaim, Lynette Jacoby, Kafi Dixon, Diane Dingbaum RECOMMENDATIONS TO THE CITY COUNCIL: Zimmermann Smith moved to approve a recommendation to City Council to approve an Annual Action Plan Amendment to allow FYI economic development funds to be used for a fagade improvement program in the downtown urban renewal area. (Passed 7 -0) CALL TO ORDER: The meeting was called to order by Chappell at 6:30 p.m. APPROVAL OF THE NOVEMBER 15. 2012 MINUTES: Zimmermann Smith moved to approve the minutes with minor corrections. Hart seconded. A vote was taken and the motion carried 7 -0. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: None. STAFF /COMMISSION COMMENT: Hightshoe reminded the Commission of some important dates for CDBG /HOME applications and application workshops. DISCUSSION REGARDING FY14 AID TO AGENCIES FUNDING REQUESTS: Chappell recused himself from this discussion because of a conflict of interest. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION January 3, 2013 PAGE 2 of 8 Hightshoe explained to the Commission that tonight they will be determining the process they will follow to make their Aid to Agencies allocations on January 17. Hightshoe said in the past two years there haven't been significant changes in the process /allocations. She said the commission elected to have an open allocation process. There may be a growing number of applicants for the same limited pool of funds. The Commission discussed and concurred that they would recommend that Extend the Dream apply through the CDBG process rather than Aid to Agencies as their application was for roofing and flooring. There is limited availability for operational costs and this application is eligible for CDBG public facility funds. Hightshoe stated she would forward notice to Extend the Dream that this application would not be considered for Aid to Agency funds; but encouraged to submit a CDBG public facility application. The Commission decided that they would like a spreadsheet with all their preliminary funding recommendations. Jacobson said he said he had concerns with the relative amounts asked for from Iowa City versus Coralville. He said he was looking at the proportion of requested money to populations served. He said another concern of his is overlap of services with some of the applications and if the applicant has connected the dots well in terms of CITY STEPS. Bacon Curry said that duplication and overlap of services has been an ongoing discussion. Hart asked if there was any prior documentation staff may have concerning overlap of services. Hart asked if there had been concerns expressed by the City Council. Hightshoe said duplication of services is a concern for most funders. If there are any specific questions about duplication or overlap with a certain application, she requested members forward her the question and she will contact the agency for a written response that will be shared with all the commission members. Zimmermann Smith remarked that to her the Johnson County Youth Social Services Program and the Fast Track Program seemed like the same things, although one of the agencies had a specific, targeted goal that appealed to her more than the agency with the more nebulous goal. Hart said that there may be agencies that have very similar activities but they might not serve the same clientele. Jacobson stated that he can't tell that from the applications. The Commission decided that applicants should be encouraged to come to the January 17th meeting so the Commission can ask questions. Beth Ritter Ruback from the Crisis Center said she believes the Commission should make it mandatory that agency representatives be present at the January 17th meeting. She said based on the discussion the Commission is having now, she would feel bad if one of their colleagues missed the chance to receive funding due to their absence. Hightshoe said she would notify all the agencies that they are strongly encouraged to attend because of the issues that are being discussed tonight. One of the applicants said the process was different this year. He was under the impression that they were applying for funding from Iowa City, Johnson County and United Way. If Iowa City has different criteria than United Way and other funders, he suggested their own application so that applicants could better respond to questions about the Consolidated Plan. He also HOUSING AND COMMUNITY DEVELOPMENT COMMISSION January 3, 2013 PAGE 3 of 8 remarked that the amount of space on the United Way form limited the amount of information he could provide. Crisis Center representative said she feels that the process of joint applications may not serve their purpose well with the passing of Linda Severson, who served as a liaison to all of the agencies in the cities and in United Way and brought a body of knowledge with her that made it possible to do joint applications. Hightshoe said the commission will review the process and will be discussed in April. Bacon Curry recommended a committee to evaluate the process. Many of the funding agencies present wanted to provide feedback. HOUSING TRUST FUND OF JOHNSON COUNTY Achenbach stated they use to apply independently directly to the City Manager /Council for funds. They are now included in this process. Jacobson asked how the projects that the agency funds differ from the projects that CDBG funds. Achenbach stated they at times fund the same projects due to financial gaps and not enough funding. They are the only housing trust fund in Johnson County, thus can apply annually for state funds which brings in more money for housing projects in the County. She said they offer four funding rounds a year. She said she thinks that the money they make available lessens the amount a builder would have to ask from the City. She said they are a source of funding just like City funding. Bacon Curry asked what the funds are that they, and no one else in Iowa, can apply for. Achenbach explained that they are appropriated every year through the State Legislature for housing trust funds and the Iowa Finance Authority is given the job of disbursing them. Jacobson asked if they have to ask the City for a certain minimum or maximum level of funding. She said they are required to meet a local match and are required to have approximately $60,000 as a local match for their State application. 2. SHELTER HOUSE Phoebe Trepp said their facility has expanded and their need has also grown. She said with their expansion their operating costs have increased. Bacon Curry asked Trepp to address the prior HCDC concern that when the new larger facility was built, how Shelter House would cover the increase in operating costs. She said Shelter House had responded that they believed revenues from new programs and energy efficiency improvements would assist them cover increased capacity costs. Trepp said there is revenue coming in from established and new programs and they are looking at new sources for the coming year. Kafi Dixon said the new building was a community need, and it was time for that growth for Shelter House. Hightshoe asked if the lodge properties would be self- sustaining. Trepp said the hope is that they will be once they are fully occupied. She said the plan is to put away enough income generated by these properties to expand and potentially get another property. She said even if the income necessary for operations isn't being generated, the need is still there, and no one else is providing this service. Jacobson asked them to explain the wages they pay the clients who work for them. 3. CRISIS CENTER OF JOHNSON COUNTY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION January 3, 2013 PAGE 4 of 8 Bacon Curry mentioned that this allocation is higher than last year's. She asked if the Crisis Center has statistics on how many of the households that received emergency assistance for rent also receive some sort of subsidized housing. She said if they were receiving both kinds of aid, that's a problem in the system that needs to be looked at. Ritter Ruback said that for emergency services, they are the last resort and have to show that they have applied for other assistance. She said she will be able to provide some of the statistics Bacon Curry was interested in. 4. MAYOR'S YOUTH EMPOWERMENT PROGRAM Jacobson asked for more details in how their program ties in with CITY STEPS. Roger Lusala explained that they rank pretty high because they provide services for youth with disabilities as well as job training and mentoring services. He informed the Commission that the City employs youth from this program at the library, Mercer Park and the Rec Center. The school district also is an employer of their youth. Zimmermann Smith asked if the requested money is specifically for the kids on the Fast Track program. Lusala explained how the Fast Track and Youth Leadership programs work. Gatlin asked how good their retention rate for employees was. Lusala said most youth they employ or train come back year after year. Gatlin said he would like to see the retention rates for the agencies they are employed with. Jacobson asked if any of their kids belong to other programs. Lusala said if a kid is part of another program, they will collaborate with them. Jacobson asked how the carry-over fund balance worked and Lusala explained that it is actual costs for Medicaid and they have to pay back what they don't use. Lusala explained the staff salary numbers. 5. JOHNSON COUNTY SOCIAL SERVICES. Lynette Jacoby explained that she is requesting $10,000. Bacon Curry asked if she had numbers for what percentage of youth that they train retain employment. Jacoby explained that the goal of the program is for summer employment and many students have commitments to their education once school starts in the fall. She said that many of the children in this program come from poverty and haven't developed a work ethic, so the program teaches comprehensive training, including how to communicate, how to dress, preparing a resume, etc. Jacoby said none of the money stays with the county but goes out to collaborating agencies. She explained how this collaboration was facilitated with the other agencies. Zimmermann Smith said this program has been going on for six years, and it would be great for anyone who was going to give them money to see the long -term impact of the programs and who they may have helped. She thought it would be a good idea to conduct surveys to get this information. Jacoby said she and Latasha Massey had spoken about their intention of a six -month follow -up to track some of the successes in them finding and keeping employment. Jacobson said for all the agencies, he would like to see more hard data and even anecdotal evidence in their applications. In response to a question by Gatlin, Jacoby talked about how their application process works and that due to the large number of applicants, students are not allowed to re- enroll. 6. NEIGHBORHOOD CENTERS OF JOHNSON COUNTY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION January 3, 2013 PAGE 5 of 8 Dingbaum said with the increased funding request, they would allocate more resources to families and child care positions. Gatlin asked if she could provide any more data that would show improvement in the total number of students that are moving from an IEP to general education. Dingbaum explained how they are following students in the various programs. Jacobson wanted to know why there was such a discrepancy between the amounts requested for Iowa City versus Coralville. Dingbaum said most of their clients are in Iowa City. She said she would have to get back to him on how they decided how much to ask for each city. 7. BIG BROTHERS /BIG SISTERS Bacon Curry wanted to know if they don't fully fund the request, what happens based on locality. Scott Hanson said it's an understanding of where there funding is coming from and how they are allocating that funding. Bacon Curry asked if Iowa City kicks in an additional $8,000 this year and Johnson County and Coralville fund nothing, will they spend all of the $8,000 in Iowa City. Hanson replied that they would. He said the more money they receive, the more kids they can serve. He explained that Johnson County funding can go for Iowa City and Coralville and outlying areas. He said with the additional funding, they can serve the 94 children who are waiting. He said they are also requesting funding from other sources, including North Liberty, where they serve a large number of children. He said that finding volunteers is not difficult, and that the volunteers each submit $20.00 to pay for the cost of the background checks. He said they just recently got a new database system, and can provide more local data as time goes on. Bacon Curry asked what they will do for staff if they get 94 more children on board. Hanson said they have some capacity for growth built in and will be adding staff if they reach a certain level. 8. UNITED ACTION FOR YOUTH Jim Swaim explained how the carry-over was computed. He said one of the primary things they use local money for is to match other grants so they are aggressive in going after Federal or State grants that relate to their mission, and there are still a good number of these grants available. He said they are successful with three different anonymous foundations. He said they have had to reduce their drop -in days, and there has been an increase in the number of kids who have signed up for a structured workshop they found out about on a drop -in day. Swaim said on the Prevention and Youth Development work they are doing, they really are collaborating with MECCA, Neighborhood Centers and Big Brothers /Big Sisters through the county on a comprehensive youth development effort. He said they have also recently been doing a lot of mental health counseling through the schools due to recent events. He said they also got a trauma informed special care grant through the county. The grant is designed to improve the response among teens and children and their families to the varieties of trauma that they are encountering, which he feels is especially critical now in Iowa City. 9. MECCA SERVICES Ron Berg discussed their carry-over rate. Berg discussed contracts for funding and how they patch their money together from a variety of sources. He explained how and why they will be ending their affiliation with I -Care in March. Gatlin recommended that any questions the Commission has for applicants who are not present should be emailed to staff, who will collect the information and disperse it to the Commission. The Commission agreed. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION January 3, 2013 PAGE 6 of 8 DISCUSS FY13 ANNUAL ACTION PLAN AMENDMENT FOR CDBG ECONOMIC DEVELOPMENT PROJECTS • Recommendation to City Council Chappell rejoined the meeting. Hightshoe reminded commission members that the City is under a Workout Plan, required by HUD, to spend down the money it has in their line of credit. While staff is working with CDBG subrecipients, the City must also look at City projects receiving CDBG funds. There is currently $144,000 in the Economic Development Fund for working capital loans for small businesses. The City has not received an application these last few months and no applications are pending. Staff has reviewed what other economic development activities are eligible and potential interest from applicants. Staff recommends the FY13 economic development allocation (approximately $70,000) be used for commercial fagade improvements in the downtown urban renewal area. The City Council Economic Development Committee recommended that half of the $144,000 remain available for working capital loans for small businesses and the other half be used for the fagade improvement program. She said based on our Citizen Participate Plan, HCDC is asked to make a recommendation to Council as facade improvements require an Annual Action Plan Amendment to change the national objective for these funds from benefitting low -to- moderate income to prevention of slum and blight. Chappell asked if the proposal is for outright grants. Hightshoe said City assistance is limited to 40% of total project costs up to $50,000. The City assistance is in the form of a grant. She said she estimates that the funds will assist two or three facade improvements. Zimmermann Smith moved to approve a recommendation to City Council for an Annual Action Plan Amendment to allow FY13 economic development funds to be used for a fagade improvement program in the downtown urban renewal area. Bacon Curry seconded. A vote was taken and the motion passed 7 -0. Monitoring Reports • HACAP - Playground Zimmerman Smith reported that the project was completed in mid - October and they are happy with the results. HACAP said it appreciates the Commission's support of the project, and it has made the area a happier place for many of the homeless children who live in townhomes. • Neighborhood Centers of Johnson County — Aid to Agencies Zimmerman Smith reported she didn't hear back from Brian Loring and will follow up with him. • Community Mental Health Center - Accessibility Zimmerman Smith reported that the Commission is familiar with this project and that it is being transitioned into something other than the original plan. • DVIP — Facility Rehabilitation HOUSING AND COMMUNITY DEVELOPMENT COMMISSION January 3, 2013 PAGE 7 of 8 Hart reported that kitchen rehabilitation and flooring replacement project is in the design phase, and they are in discussion with an architect. They have a timeline in place. They hope to have contractor by February 1 st and have construction complete by April 15tH They explained how they will accommodate staff and programs while under construction. FY12 Habitat for Humanity — Land Acquisition Hart reported that Mark Patton said they bought five lots in Saddlebrook and one additional lot at 316 Fourth Avenue, which was dedicated several weeks ago. He said the five lots cost $142,500, and the one on Fourth Ave. cost $25,000. He said the remaining $12,500 will be spent on construction costs on the Fourth Avenue property. He said a minimum of three will begin construction immediately. FY11 Shelter House — Rental Rehabilitation Hart reported that the Ashley Street project is done and all the work is beautiful. She said they are eager to conduct a tour for the Commission to show how the money was spent. FY11 Isis Investments LLC —Rental Housing Hart reported that they held meetings with UAY to fill the units with teen parents. They purchased a duplex on Esther Court on August 1, 2012, at a cost of $200,000. A total of $103,565 in CDBG funds was used for the downpayment and soft costs. As of November of 2012, rehab of both units was complete. The units are leased. They hope to find additional property to complete the acquisition phase of the project within the next two months. Identifying properties for purchase in eligible areas has been difficult. Hightshoe said if a property isn't identified by March, that money will be available for reallocation. FY11 Wetherby Condos South LLC — Rental Housing Hart reported the Broadway Condominium's name has been changed to Orchard Place. They are hoping to have a building inspection and get the certificate of occupancy soon. Hightshoe added that they got their certificate on December 13th, 2012. Hightshoe said all the interiors were gutted and redone. ADJOURNMENT: Zimmermann Smith moved to adjourn. Bacon Curry seconded. 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" n W Wt MEMORANDUM Date: March 8, 2013 To: Mayor and City Council From: Tracy Hightshoe, Staff Member of Housing and Community Development Commission Re: Recommendation from Housing and Community Development Commission At their January 17, 2013 meeting the Housing and Community Development Commission made the following recommendation to the City Council: The following FY14 Aid to Agencies budget is recommended for City Council approval (passed 7- 0). Consideration of this recommendation will be placed on the May 14 City Council agenda. Additional action (check one) No further action needed Board or Commission is requesting Council direction _X_ Agenda item will be prepared by staff for Council action March 13, 2013 Page 2 Agency FY14 Funding Request HCDC 1/17%2013 Recommendation 4 C's Community Co". Chi 4d Care 52,000 $1,850 Arc of Southeast Iowa $4,000 $2.,153 Big Brothers / Big Sisters W,ODO 529,325 Compeer of Johnson County S6,000 53,313 Crisis Center of Johnson County $49,540 $38,QW Domestic Violence Intervention Program $52,500 $47,500 Eder Serv,ces Int. $60,000 $48,819 520,000 Not Eiigi We Free Lunch Program 52,E SUCi H i I Vest Family Services 54,000 5Q Housing Trust Fund of 1C SUM 58, 1CCSD Family Resource Centers 55I3 510, tC Free Medicall0entar Clinic 510, 57,501 Johnson County Soc:iat Services Siff, $6,00 ► Mayor's "Youth Ernp. Program $15,000 $6,000 MECCA 533,022 516,880 Neighborhood Centers ofJC S70,000 S52,WO Pathways Adult Day Health Center $5,000 KOOO Rape Victim Advocacy Program $15,400 510,325 Shelter House SE .5CC 532,525 The Dream Center 539,3=1 so Un,t+ed Action for Youth 565,(*C $53,500 Total Request; 5625.262 $378,700 MINUTES APPROVED HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 17, 2013 — 6:30 PM IOWA CITY PUBLIC LIBRARY, MEETING ROOM A, 123 S. LINN STREET MEMBERS PRESENT: Andrew Chappell, Michelle Bacon Curry, Scott Dragoo, Charles Drum, Holly Jane Hart, Rachel Zimmermann Smith, Cheryll Clamon, Jim Jacobson MEMBERS ABSENT: Jarrod Gatlin STAFF PRESENT: Tracy Hightshoe, Doug Ongie OTHERS PRESENT: Ewa Bardalh, Rebecca Neades, Lucas Benson, Barbara Vinegrade, Ron Berg, Scott Hansen, Tracey Achenbach, Mary Palmberg, Kristie Doser, Jo Bowers, Elizabeth Haas, Susan Gray, Roger Lusala, Lynette Jacoby, Phoebe Trepp, Crissy Canganelli, Jeff Kellbach, Beth Ritter Rubach, Karla Miller RECOMMENDATIONS TO COUNCIL: The following FY14 Aid to Agencies budget is recommended for City Council approval (passed 7 -0). Consideration of this recommendation will be placed on the May 7 City Council agenda. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 17, 2013 PAGE 2 of 6 Agency Fy14 Funding Request HCi3C 1/17/2013 Recommendadoil 4 C's CommunityCoord. Child Care? i " "" *..�trGY $1 gSE i !'arc of Southeast Iowa $2,163 Big Brothers, Big Sisters $40,000 $29,325 Compeer of Johnson County S6,0D0 $3,313 Crisis Center of Johnson County $49,540 $31,000 Domestic Violence Intervention Froaram $52,500 $47,58 Elder Services Inc. $60, 00-0 Extend the Dream Foundat �1 fi+r,vvv ," "" 1`1 t E l e Free Lunch Program $ .; $+ HiI I crest Fam1Ili Services Housing Trust Fund ofJC ,-1WwY *.,W.. ICCSD Family Resource Centers $10,000 IC Free M ed ica I/Denta I Clinic $l , $7,5W Johnson County Social .Services $10,000 S6,Om Mayor's Youth Emp. Program $15,000 $6, MECCA $33,022 $16,8811 Neighborhood Centers of JC $70,000 $51,L Pathways Adult Day Health Center $4,W0 Rape Victim Advocacy Program $15,4G; $10,325 Shelter Houce $64,5Ey $32,525 The Cream Center $39,300 United Action for Youth $65,000 $5355 Total Request: $625,262 $578,700 HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 17, 2013 PAGE 3 of 6 CALL TO ORDER: The meeting was called to order by Chair Andrew Chappell at 6:30 p.m. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: None. REVIEW OF THE FY14 ALLOCATION PROCESS AND PROFORMA STAFF /COMMISSION COMMENT: Hightshoe stated the CDBG /HOME applications are due Friday, January 18th at noon with a question and answer session with applicants scheduled February 21St. The Commission will review allocations and make funding recommendations on March 7th. If not able to finalize a recommendation at the March 7th meeting, the commission will meet again on March 14th. After the commission submits a funding recommendation, Hightshoe will draft a FY14 Annual Action Plan for HUD. After a 30 -day comment period, Council will review and approve a final budget at their May 7 meeting. Approved projects can start after July 1St Any rental projects must submit a proforma and comply with the City's new underwriting criteria. HUD requires all grantees to establish underwriting criteria for their housing projects. Hightshoe explained the proforma and the various line items. Any problems with the proforma will be identified in the staffs analysis of the project. MONITORING REPORTS: Dragoo will report on MECCA and Habitat for Humanity in February. Zimmermann Smith will report on the Neighborhood Centers of Johnson County in February Clamon reported on the FY11 Habitat for Humanity CDBG funds to remodel and upgrade the Industrial Park facility purchased in December 2011. Habitat hopes to draw the remaining funds in the next month. Hightshoe said it could open by the end of January. Clamon reported on FY12 United Action for Youth. UAY purchased and rehabilitated two adjoining properties. Work finished and hoping to move clients (teen parents, homeless teens) in this month. Clamon reported on the FY12 parking lot improvements for Crisis Center. The improvements were finished in October. DISCUSSION REGARDING FY14 AID TO AGENCIES FUNDING REQUESTS: Chappell left the room due to a conflict of interest. Discussion of setting parameters for application and approval process. Idea of forming a committee to review process and determine next year's process. Will get applicant feedback. Discussion of allocations based on community need, average amount versus funding request. Commission discussed The Dream Center request for $39,300. Benson explained organization's mission to design a community and organize resources for single fathers. Commission agreed to $0 at this time. Commission discussed Big Brothers Big Sisters request for $40,000. Majority of commission agreed to fund at average allocation. Commission discussed The Crisis Center of Johnson County request for $49,540. Commission indicated $38,000. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 17, 2013 PAGE 4 of 6 Commission discussed Domestic Violence Intervention Program request for $52,500. Commission agreed with average allocation. Commission discussed Elder Services Inc. request for $60,000, $48,819 average allocation agreed. Commission discussed Free Lunch Program request for $2,000, proposed $2,000, agreed. Commission discussed Hillcrest Family Services request for $4,000. Discussion over the small amount of money requested, decreased funds; however additional applicants. Commission suggested $0. Commission discussed Housing Trust Funds of Johnson County request for $8,000, commission agreed to fund $8,000. Commission discussed Family Resource Centers request for $50,000. Vanden Berg explained that a federal grant allowed the organization to establish centers in every Iowa City school, but the grant has expired. Applicant concerned with serving the same amount of children with less staff time. Hightshoe clarified that the activity was an eligible CDBG activity, but the commission is no longer allocating any funds in the competitive CDBG round as all CDBG operational funds are now in the Aid to Agency pool of funds. Once funding decisions are made, staff determines which of the agencies will receive CDBG funds as opposed to City general funds. Typically based on what type of reporting the agency does for other funders so as not to increase reporting requirements. Family Resource Centers was also seeking funding from the other cities in the district. Discussion of $25,000, commission member suggested any leftover money could go towards this project. Commission agreed to fund at $10,000. Commission discussed Iowa City Free Medical /Dental Clinic request for $10,000, agreed to $7,500. Commission discussed Johnson County Social Services request for $10,000. Hightshoe requested clarification of this program compared to Mayor Youth's employment program. Commission agreed to fund each at $6,000 for each. Commission discussed MECCA request for $33,022, source of income was considered. Agreed to average allocation of $16,880. Commission discussed Neighborhood Centers of Johnson County request for $70,000 agreed to average allocation $51,000. Commission discussed Pathways Adult Day Health Center request for $5,000, acknowledged importance of the service to the community and the need. Agreed to $4,000. Commission discussed Rape Victim Advocacy Program request for $15,400. Agreed to average allocation of $10,325. Commission discussed Shelter House request for $64,500. Commission agreed to average allocation of $32,525. Commission discussed United Action for Youth request for $65,000. Commission agreed to $53,500. Commission addressed application process and received input from applicants. Applicants suggested less redundant questions, discussion about application process coinciding with CDBG /HOME. Commission will follow up with a committee and feedback from applicants in April. Commission member wants to streamline funding allocation. Request staff to see how other cities allocate these funds. Zimmermann Smith motioned to recommend the following FY14 Aid to Agency budget to City Council. Hart seconded. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 17, 2013 PAGE 5 of 6 Agency FY14 Funding Request HCDC 1/17/2013 Recommendation 4 C's Community Goord. Child Care $2,000 $1,850 Arc of Southeast Iowa $4,000 $2,153 Big Brothers / Big Sisters $40,000 $29,325 Compeer of Johnson County $6,000 $3,313 Crisis Center of Johnson County 549,540 $38,000 Domestic Violence Intervention Program $52,500 $47,500 Elder Services. Inc. $60,000 $48,819 Extend the Dream Foundation $20,0130 Not Eligible Free Lunch Program $2,000 $2,000 Hillcrest Family Services $4,000 $0 Housing Trust Fund of JC $8,000 58,000 iCCSD Family Resource Centers $50,000 $10,000 IC Free Medical /Dental Clinic $10,000 $7,500 Johnson Counter Social Services $10,000 $6,000 Mayor's Youth Em p. Program $15,000 $6,000 MECCA $33,022 $16,990 Neighborhood Centers of JC $70,000 $51,000 Pathways Adult Day Health Center $5,000 $4,000 Rape Victim Advocacy Program $15,400 $10,325 Shelter House $64,500 $32,525 The Dream Center $39,300 $0 United Action for Youth $65,000 $53,500 Total Request: $625,262 $378,740 Vote taken, motion carried 7 -0. ADJOURNMENT: Bacon Curry moved to adjourn. Hart seconded. A vote was taken and the motion carried 7 -0. z O U) U) O U H z W d O J W W z O c`> Up N < r, (0 Zoo cn � W O�a Z O U) N O V H Z w 2 CL O w W 0 Z M O V D Z Q Z N D v w W Z N Q � N Z W H F- Q co N ` W N (D N N (D N rn to L -0.Q p aQQz W , YXOO X X X X X X X X X X X 0 X X X X X X 0 X X X X 0 c X X X X X X X �- 0 X X X X X X X 0 X X X X X X X X X X X 0 X X X 0 o) X X X X X T- O O O X X X X X X X X M X X X X X X X M X X X X X X X X N X w X X X X X X O X XV- co Cl) M Nr to W o 0 0 0 0 o O Cl 0 N N N N N N N N N W rn rn rn rn rn rn rn rn rn H J W W = J J V W 2 H F p Q W W O N O J O O v z = zz a m W r2 C9 r2 J F- O W V � Z m D 2 0 0 p 0 N co N ` W N (D N N (D N rn to L -0.Q p aQQz W , YXOO AT "Wmn 2 -(.) MINUTES APPROVED PARKS AND RECREATION COMMISSION JANUARY 9, 2013 ROBERT A. LEE COMMUNITY RECREATION CENTER — MEETING ROOM B Members Present: Clay Claussen, Maggie Elliott, Allie Gnade, Cara Hamann, Lucie Laurian, Alex Taylor, John Westefeld, Joe Younker Members Absent: David Bourgeois, Lucie Laurian departed at 5:55 p.m. Staff Present: Mike Moran, Chad Dyson, Terry Robinson Others Present: Joan Jehle, Jeannette Chadek Fulton, KT Labadie, Del Holland, David Minehart CALL TO ORDER Chairman Claussen called the meeting to order at 5 p.m. RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None OTHER FORMAL ACTION TAKEN: Moved by Westefeld. seconded by Gnade. to approve the December 12 2012 minutes as written. Motion Passed 7 -0 with Bourgeois & Laurian being absent PUBLIC DISCUSSION: Joan Jehle asked if Moran and /or Claussen could update her on the status of the Chadek Property. Claussen noted that he approached the Mayor and asked for some feedback with the understanding that it will have go through Council. Jehle asked about the status on another appraisal. Claussen noted that a previous appraisal done as parkland was completed by Casey Cook and did not feel it was necessary to have another done at this time. The City is not in favor of paying more for the property than the initial appraisal suggested even with Y2 of that money coming from an independent source. Claussen said that Commission would like to continue working with you and appreciates their patience. This item will remain on the Commission agenda. Jehle thanked the Commission for their continued efforts. Claussen introduced new Commission member Alex Taylor. Alex shared some information about himself as did the commissioners with him. Commission members welcomed Taylor to the Commission. CIP UPDATE Moran noted that there is a big change in the annual parks improvement fund. City Manager would like to see master plans for each of the city parks as needed. The cost for such will come from this fund and will reduce the annual park improvement fund. PARKS AND RECREATION COMMISSION January 9, 2013 Page 2 of 7 Frauenholtz - Miller Park: The Council is interested in moving this up to the current fiscal year (FY14 which begins on July 1, 2013) because of the activity there. The development plans are in place. Iowa Corridor Trail: This project will be reevaluated to determine if the planned path is cost prohibitive. It may be necessary to make a sidewalk connection to Foster Road and into Peninsula Park. This project is scheduled for FY15. The City has a REAP grant in the amount of $200,000 for this project. Fair Meadows Splash Pad: Moran shared some photos of what such a splash pad would look like. This splash pad will be placed as far from shelter as possible as to not interfere with those using that facility. Funds for a restroom in Kiwanis Park have been reallocated to this project as it is necessary to have a restroom available for kids and families using the splash pad. This project has gone out to bid with a return date for those of 1/22/13. CDBG funds will be used for this project. FY14 budgeted money will be used for master plan and construction. Moran said staff will refer back to the previous Master Plan that was created for Parks, Recreation and Trails. The master plan lists additional facilities necessary on the west side of Iowa City. Three parks to be looked at will include Benton Hill, Hunters Run and Villa Park with Benton Hill likely to be the one to look at next. City Park Master Plan & Upgrade: With recent ADA changes the wading pools in the City have become noncompliant. Therefore, funds in FY14 will be spent to update these pools. There will likely be a small splash pad put in place of the current wading pool at City Park. City Park Pool will not, however, become a leisure pool. Once plans are available Moran will share with Commission. Further discussion will ensue regarding the wading pool at the Recreation Center. Moran expects to get some push back from the community and will keep the current wading pool at the Recreation Center in operation as long as possible. Claussen asked how busy City Park Pool is on average. Moran stated that it naturally all depends on weather with this past hot summer supported that notion as it was the busiest it has been in 25 years. Master Plan for Willow Creek/Kiwanis Parks: Will be combining those master plans into one. Will look at trail erosion issues, may possibly look at this area for another splash pad. Willow Creek does not qualify for CDBG funds. Will get the neighborhood involved in these discussions. K. T. Labadie with Friends of Hickory Hill asked if the trail plan from Confluence will likely be funded in the next few years. Moran reported that this project is on the unfunded list. He also noted that it is likely that this will be divided into two phases. The price for this project is $1 million. He suggested that Friends of Hickory Hill may want to look at some fundraising opportunities for this project. Labadie asked if it might be possible to look at the project and identify the priorities and only do those aspects of the plan and if so what did Moran think was a reasonable funding amount. Moran PARKS AND RECREATION COMMISSION January 9, 2013 Page 3 of 7 said that $200,0004250,000 and that perhaps this project could be done in four phases. NEIGHBORHOOD OPEN SPACE REVIEW: None BENTON HILL PARK Moran reported that the City has been approached by Iowa City Cohousing LLC. The City requested that the cohousing group consider a land swap in order to add an additional 3 acres to Benton Hill Park. They would like to swap 3 acres to the south of the park for some wooded land to the west of the park for use by the cohousing group for access to Benton Street. Discussions continue at this time. The next step will be for the cohousing group to make an application to the Planning and Zoning Commission. Moran asked Del Holland, member of the audience and of the cohousing group to comment. Holland stated that while the group does not own the property yet, they are very excited about the potential to expand the park and make it more useful for the neighborhood by providing a more open space. He also commented that is has been great working with the City and the various Department Heads. Laurian commented that while Benton Hill Park looks great, she agrees that it is not used much as there is no parking or much of an open space for playing etc. She thinks this land swap is a great idea and suggests that the Commission support their idea. MASTER PLAN UPDATE: Moran reminded Commission that they in the past had been reviewing an item from the master plan each month to discuss and staff was incorporating into their operational goals. Moran would now propose that since there are two or three master plan projects in place (City Park, Willow Creek Park and potential development on the west side) that he would like to put together an RFP to present to the Commission: He suggests that these projects be incorporated into one plan but would be bid out separately. Elliott asked if Moran wanted the Commission to focus on just those three plans. He stated that his plan is to develop an RFP for each one of those three parks. Westefeld suggested that we take a look at the 2008 master plan executive summary and determine where we are four years later. Moran stated that the life cycle for master plans is about five years. He feels it is necessary to update the current plan by incorporating the City's strategic plan and other new information and projects (Normandy Dr., TTRA, etc.). Younker feels it would be helpful for the Commission to go through the current plan and review before moving on to creating a new plan. Moran will communicate with Jeff PARKS AND RECREATION COMMISSION January 9, 2013 Page 4 of 7 Schott, Program Director of the Institute of Public Affairs with the University of Iowa and send out options to commission members. He will readdress this at the February 13 Commission meeting. RECREATION DIVISION REPORT: Dyson reported that today was the first day of Winter /Spring registration for the Recreation Center. The department began using the new Active Net system in December preparing for the January registration. This first day went phenomenally well. He encouraged Commission members to check out the new system. He also noted that in the past registration for private swimming lessons began the Friday after all other class registrations. He has implemented a new plan by opening up registration for private swim lessons on the same day as all other classes. That also went well.. Elliott commented on how efficient the staff was on alerting people of the new registration system. Dyson reviewed the phase 2 plan for the Recreation building updates. Phase 2 will include changing the floor tile in the game room, redesign of the game room counter including the possibility of offering registration at this location. There will also be some aquatic office changes and. rearrangement of the fitness and game room areas. Chad will bring plans to the Commission once available (April or May). PARKS DIVISION REPORT: Robinson reported that staff is progressing with the normal winter maintenance duties including repair of picnic tables, repair of bike racks, maintaining ice skating pond etc. He pointed out that the department has gained 6985 additional feet of sidewalk and trail to clean, 1.3 more miles of trail to clear. Moran noted that the city has gained 28.75 miles of dedicated trail from completed subdivisions. Robinson noted that 4000 feet of 4 foot wide trail are cleaned with walk behind snow - blowers. Del Holland from the audience said that he had read that the trail along Highway 1 goes from Riverside to Sunset. He asked for clarification as he thought it started at Orchard. Robinson reported that that portion has not been connected yet but will go to Benton Street but not sure where it will lead from Riverside. Holland said that what he read implied it would go along Highway 1 by Joann's and Kentucky Fried Chicken. Moran does not think we have the easement to do so. Robinson noted that once it reaches Benton Street it would then become a wide sidewalk to Ned Ashton Park and then to McDonalds on Highway 1. Laurian departed the meeting at 5:55 p.m. DIRECTORS REPORT: TTRA: Moran reported that the lodge has been built to the point where construction can be done from the inside. The construction contract for the lodge ends in June. Moran is planning a grand opening in July or August. He is staying in communication with the Trueblood family. PARKS AND RECREATION COMMISSION January 9, 2013 Page 5 of 7 Ashton House: The State Historical Preservation group looked at the house and staff is waiting for final approval from them on future renovation. It appears that they have found a way to avoid placing an elevator in the home. Staff has been meeting to discuss a fee structure for rentals of TTRA Lodge and Ashton House. They will be writing an RFP for a contractor to run these facilities as the department does not have the staff to manage the reservations etc. Staff will, however, maintain ultimate control over the facilities. ADA Audit at City Park: Moran announced that the City is hiring a firm from Illinois to do an audit of the two indoor facilities and the pools. There will likely be several changes that will need to be made to meet ADA standards. The company has not worked out the contract with Legal yet, but could be starting their evaluation as soon as early February. The Chauncey: Moran noted that Council voted for "The Chauncey" to be the development that will go into the corner of Gilbert and College. Laurian had asked for a shadow report during the January Commission meeting. Moran distributed a report that includes a shadow study to members. CHAIRS REPORT: Claussen asked if there had been any discussion regarding the impact of The Chauncey on the farmers market. There hasn't been any formal discussion. Claussen attended the City Council budget session. Moran reported the list of priorities for the department to Council. Moran noted that Dr. Dobyns brought up the possibility of the Senior Center and the Recreation Department merging. Moran said that there has been discussion regarding this proposal in the past but never has been any movement on the idea. COMMISSION TIME /SUGGESTIONS FOR FUTURE AGENDA ITEMS: Elliott asked if there had been any movement regarding the Chadek property. Claussen reported that he and Younker contacted Mayor Hayek regarding the idea of the City matching funds with the fundraising group. It was their understanding that the City Manager is not in favor of the proposed purchase price. Younker welcomed Alex Taylor to the Commission. Gnade asked if there had been any updates on the Blue Zones. Dyson reported that an announcement will be made on January 30. Westefeld talked about the passing of Mary Weideman who was a parks commissioner as well as the President of the Parks and Recreation Foundation for a number of years. He noted that the only place that she requested donations be sent was to the Foundation in her memory. Moran noted that she was a great supporter of Hickory Hill PARKS AND RECREATION COMMISSION January 9, 2013 Page 6 of 7 Park. Moran will meet with the family to discuss where they would like these contributed to be directed. ADJOURNMENT: Moved by Elliott, seconded by Younker, to adjourn the meeting at 6.15 p.m. Motion passed 7 -0 with Bourgeois & Laurian being absent. PARKS AND RECREATION COMMISSION January 9, 2013 Page 7 of 7 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD NAME N N N N N N a N i N N N N r r ` M r O r b r O V N TERM N M a '� io n r 00 r a) c N EXPIRES r r r David 1/1/15 X O/E X X X X LQ X LQ X X O/E Bourgeois Clay 1/1/14 X X X X X X LQ X LQ X X X Claussen Maggie 1/1/13 O/E X X X X O/E LQ X LQ X X X Elliott Allison 1/1/14 X X O/E X X X LQ X LQ X X X Gnade Cara 1/1/16 X X X X X X LQ X LQ X X X Hamann Aaron 1/1/13 O O O O O*" X LQ X LQ O O Krohmer Lucie 1/1/15 X X X X X O/E LQ X LQ X X O/E Laurian Alex 1/1/16 * * X Taylor John 1/1/14 X X X O/E X X LQ X LQ X X X Westefeld Joe 1/1/16 X X X O/E X X LQ X LQ X X X Younker KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting LQ = No meeting due to lack of quorum * = Not a member at this time 2b(9) PLANNING AND ZONING COMMISSION APPROVED FEBRUARY 4 — 5:15 PM — INFORMAL 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: Bob Miklo, Karen Howard, Sarah Walz, Sarah Greenwood Hektoen OTHERS PRESENT: Nancy Carlson RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 5:15 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. Code Amendment Items Discussion of amendments to Section 14 -4E -8 of the Zoning Code to modify how nonconforming development is regulated. The items were changed from agenda order due to Howard having to leave the meeting early. Howard explained that non - conforming development is all the site elements on the property, such as the parking lot, the exterior lighting, and landscape screening. She said it does not include uses or the building itself. She said staff has been trying to find the right trigger for a property that may have non - conforming elements that are not up to standards and they do a project to improve something on their property that they bring some of the site elements up to code as well. She said the trigger is set at $25,000 or thirty -five percent. She said the $25,000 is fairly low for remodeling in a commercial structure, which means that the contractor might need thousands of dollars more for site work. She said staff has crafted another try at the trigger which is if it's a project that is a structural alteration that adds floor area to the building and the building and the business are trying to expand, that is what would be the trigger. She said Planning and Zoning Commission February 4, 2013 - Informal Page 2 of 6 everything else would remain the same for this standard. She said staff is hoping that will still meet their goals of bringing sites into compliance over time. Eastham asked if the idea is that the owner would only have to pay ten percent of the value of the alteration. Howard gave an example of someone building a new addition costing $100,000, and there is something on the site out of compliance. She said they would have to do site improvements of no more than $10,000 (ten percent). Eastham asked if there is a clear way to communicate this change. Howard said there's no way to know who's planning a project until they come in for a building permit. She said the Building Department thought this was more reasonable. Discussion of amendments to paragraph 14- 4B -4B -12 of the Zoning Code to include new standards for Quick Vehicle Servicing Uses if located in the Towncrest Design Review District or the Riverfront Crossings District. Howard said the City has just adopted plans to revitalize areas in the central part of the city and while gas stations are essential businesses, there are ways to develop those kinds of uses in a more urban fashion, one of which is outlined in the Riverfront Crossings Plan. She said staff feels that there may be projects coming along before the form -based code is ready, and this amendment is a way of allowing these businesses to go forward but yet having them designed in a manner that doesn't foreclose achieving the goals of the Comprehensive Plan or the Riverfront Crossings Plan. She said what is proposed is to require a special exception for Quick Vehicle Servicing Uses in the two areas mentioned above. She said they will need to insert a map of the Riverfront Crossings District into the Code. She said because there are already urban standards for gas stations that are allowed in the CB -5 and CB -2 zones, it seems reasonable to apply those same standards. Eastham asked if there was any reason now or in the future to think about the number of allowed Quick Vehicle Servicing Uses in the Riverfront Crossings or Towncrest Districts. He asked if perhaps they could limit the number to one per intersection. Miklo said the Plan does give some guidance to that by identifying locations where they don't want to see these kinds of uses. Howard said when they do the form -based code, they may want to identify corners where they don't want to see these kinds of services. Comprehensive Plan / Rezoning Items REZ12- 00030: Discussion of an application submitted by Jeff Clark for a rezoning from Commercial Office (CO -1) zone to High Density Multifamily (RM -44) zone for approximately for .465 acres of property located on 821 E. Jefferson Street. Setting a public hearing for February 21, 2013 to amend the Comprehensive Plan - Central District Plan to change the land use designation from Office Commercial to High Density Multi - Family Residential for property located at 821 E. Jefferson Street. Miklo said these two items are linked in that the Comprehensive Plan needs to be amended in order for this zoning to conform to it. He said although the Commission can take public comment on the rezoning itself, staff recommends that the item be deferred until February 21. He referred to the location map and explained the many zones within the subject block and said that most of the block was zoned High Density Multi- family (RM -44). He explained that the subject property is zoned Office Commercial (CO -1) because prior to 1983 the Code allowed office uses in the multi - family zones. He said at that time offices required commercial zoning. Planning and Zoning Commission February 4, 2013 - Informal Page 3 of 6 Miklo said rezoning the subject property RM -44 as requested would theoretically allow up to 40 bedrooms on the property. He said in this case, staff feels that the parking is going to dictate the zoning on the property. He said if this zoning is approved, it would be possible to achieve a higher density than what's being proposed by the applicant. He said given the conditions of the neighborhood and the neighborhood conservation practices and policies in the larger neighborhood, staff is recommending that if this zoning is approved it be subject to a conditional zoning agreement requiring conformance with the plan as submitted to help assure that this building, which staff feels is a reasonable density for this property, is what actually gets built with 18 one - bedroom units. He said staff recommends making this parcel high density multi - family and consistent with the rest of the block. Miklo reminded the Commission that about a year ago, the Code was amended to encourage one - bedrooms. He said some developers themselves are saying that one - bedrooms are easier to manage and don't have some of the negative externalities that were experienced with some of the larger apartments. He said staff is recommending approval of the rezoning of this property subject to a conditional zoning agreement, with some room for minor design changes as it goes through the design review process. He said that would be a covenant tied to the land, so if the land were sold or the structure burned down, those restrictions would still be in place. Freerks asked if there were balconies on this plan. Miklo said there were on the front facing Jefferson Street. He said the Code encourages that wherever there are balconies they be on the street side and not on the sides of the building. He said balconies provide an amenity and access to the outside, and staff sees it as a positive, especially with a small apartment. Eastham asked where the air conditioning units are going to be located. Miklo responded that the plan shows them on the balconies, and that will require minor modification. Eastham asked about the setbacks and the height of the building. Miklo said the building will be thirty feet from the curb, and there will be a three feet fill. He said the Building Department feels this can be done within the thirty -five foot height limit. Eastham asked how that is measured and Miklo explained. Eastham asked about the one - bedroom requirements. Miklo responded that the standard is one - hundred square feet per occupant, and you could potentially have two people per bedroom. Freerks clarified that there would only be one parking space per unit. Eastham asked about access to the building from the proposed parking lot. Miklo showed him on the site plan where there is a ramp on both the front and the back of the building. Dyer asked if there was an elevator. Miklo said there was not. Martin had questions about the zoning on the block and Miklo clarified them for her. Development Items SUB12- 00015: Discussion of an application submitted by Advantage Custom Builders for a preliminary plat for Mackinaw Village Part 5, a 8 -lot, 3.95 acre residential subdivision located on the north end of Mackinaw Drive. Miklo explained that the larger development of this subdivision and the sensitive areas plan was approved in 2004, and parts of it have expired. He said the applicant is seeking final plat Planning and Zoning Commission February 4, 2013 - Informal Page 4 of 6 approval and is also asking for a change of adding a lot by splitting a lot in two and borrowing a few feet from all of the lots. He said there were some concerns when this area was first developed about the proximity to Interstate 80, so there was a requirement that there be a screen planted in the back. He said staff is suggesting that the screening be moved up, bringing it closer to the houses, which the applicant agreed to do. He said in the current subdivision regulations there would be a three - hundred foot setback from the interstate, and the additional lot is beyond that. He said there was an issue of drainage, and that has been resolved by the City Engineering and will drain to the interstate ditch. He said staff is recommending approval of this application. He showed some photos of the site. Freerks asked if there would be separate mailboxes or a central mail area. Miklo said there's a mailbox cluster. SUB12- 00016: Discussion of an application submitted by Southgate Development for the preliminary plat of Lindemann Subdivision — Part Five and Six, a 12 -lot, 22.53 -acre residential subdivision located on Lindemann, Charles and Kenneth Drives. Miklo showed the Commission a map of the site. He said the first four parts of the subdivision have been final platted, and the first three parts have been built. He said part four has been final platted, but nothing has been built yet. He said part five and six have expired. He explained that there was a cul -de -sac in part five, and staff was hoping that the street would go through and connect back to Lindemann? Lane. He said, though, that the adjacent area has been subdivided and precludes that street from going through now. He said part six would have two east -west streets and two streets going to the north, with one of them eventually connecting to Lower West Branch Road. Miklo said the applicant is now proposing to build part five and then leave part six for future development. He said at this point the applicant wants approval of part five, which is twelve lots. He said there were some deficiencies that will need to be resolved by Thursday night or else this item will need to be deferred. Eastham asked if there was any way to get Lindemann Lane to Lower West Branch Road. Miklo said there's a wetland and lots in the way. Eastham said these lots average twelve thousand square feet and are not compact lots. He said the Comprehensive Plan encourages more compact development in new, developing neighborhoods, especially where the City has extended infrastructure. Miklo said the Plan also talks about a variety of housing. He said the larger neighborhood is pretty compact and there are many smaller lots. He said the minimum lot size here is eight thousand square feet so twelve thousand square feet by Iowa City standards is not an extremely large lot. Comprehensive Plan Public hearing on an amendment to the Comprehensive Plan to adopt an update to Iowa City's Comprehensive Plan: "Iowa City 2030." (Staff recommends this item be deferred to February 21 st) Walz said she reworked the section about the TIF based on Swygard's comments. She said she made some corrections based on Weitzel's comments. She said regarding Weitzel's comments about smallness that is a discussion that needs to happen around the Comprehensive Plan but Eastham mentioned a page in the update where there seemed to be conflicting information about TIFs. Walz said the Plan is referring to the aggressive use of them and the use in such a way that is a detriment between communities. She mentioned the Van Mauer situation as an Planning and Zoning Commission February 4, 2013 - Informal Page 5 of 6 example and how that siphons businesses out of communities and loses the taxes for the school district for the county. Eastham said his thinking is that this is a Plan for Iowa City, not Coralville. Freerks said things that happen in other areas certainly have an impact on Iowa City and to not mention things that have had a great impact on the community is a disservice, especially when it's something that the community has been quite vocal about. Walz said staff talked about this a great deal before they concluded that it was important to acknowledge that there's a problem that needs to be dealt with. Walz responded to Thomas's comments about creating metrics and a strategic plan, and said that what has traditionally been done in Iowa City as far as having strategic five years goals is set by the Council. She said the City has not used the Comprehensive Plan to establish priorities but to put support out for policies or programs that people can then advocate be prioritized. Walz reminded the Commission that the Comprehensive Plan is written in language that supports use by everyone in the community, not just Commissions and Boards. Eastham asked for clarification about the meaning of the word "transition" as used in the update. Walz replied that the meaning would change in different situations and gave examples of them. Freerks said she thinks it's good to address all these questions when the public is in attendance. Other In response to a question from Eastham at a previous meeting about how items get on the agenda, Miklo and Freerks explained the process. The Commission had an extended conversation about the public land at the corner of Gilbert and College Streets and the process for rezoning. ADJOURNMENT: Thomas moved to adjourn. Dyer seconded. The meeting was adjourned on a 7 -0 vote. m X M M z O D z y z z m O c 0 N a 0 N n z N o m z O w m 0 O ic v K ch 0 z *- m0�;amcDnME wEmmvz m =Ny�D -vCD N� >EXX- -D M>>EXX- XmWm3 m rNX- � !- �p�cngD C- o =�o`' �zcmzy.r< v �° =D0o _ -� Romozoo = = r i�"„'ox z zc�zy - < z z> rW Dm ;u r z rm y r �cp :� m m : CD rn 3 c CD 6` o00o00oX� m ch ch ch c°n c°n Ch c°nTm X —I n mcncncncncncnVm ������� �x w 3 cn cn 3 � w rn rnm ax wcncn -4WMMM Cl) cn XXXXXXX� x x x ; xXX� '' w xxxxxX>< x X x ; xxxN ~ mXXxXXX� xxx ; X X X w N XXXXxXX ---L co XXXXXXXo -n OXmXXX X -- xxxXxxx ic > mxxxxXX� 00 XXXX0s O mXXXXXX� m M -4 mm mco z xxxxxxx� O mxmxxxxo xmxxxxx° o co °xxxxxxw co xxxxXxx; co X X X m X m m XXXXxxx O O mXXxXXm� 0 xxx °xxxN XXXXXXXN m w XXxXXXXW XXm — xxxx -4 xxxxxxX� V XXXXXXm XXXXXXX� xxxxxxx xmxxxxx m X M M z O D z y z z m O c 0 N a 0 N n z N o m z O w m 0 O ic v K ch 0 z CITY OF IOWA CITY t 2b(10) MEMORANDUM wmmm� Date: February 22, 2013 To: Mayor and City Council From: Bob Miklo, Staff Member of Planning & Zoning Commission Re: Recommendation from Planning & Zoning Commission At their February 7, 2013 meeting the Planning & Zoning Commission made the following recommendation to the City Council: The Commission voted 7 -0 to recommend approval of SUB - 00015, an application submitted by Advantage Custom Builders for a preliminary plat for Mackinaw Village Part 5, an 8 -lot, 3.95 acre residential subdivision located on the north end of Mackinaw Drive. The Commission voted 7 -0 to recommend approval of SUB12- 00016, a preliminary plat of Lindemann Subdivision Parts Five and Six, a 12 -lot, 22.53 -acre residential subdivision located on Lindemann Drive. The Commission voted 7 -0 to recommend approval of amendments to Section 14 -4E -8 of the Zoning Code regarding modification of nonconforming development as recommended by the staff in their memorandum of February 1, 2013 included in the packet for this meeting. The Commission voted 7 -0 to recommend approval of amendments to paragraph 14- 4B -4B -12 of the Zoning Code to include new standards for Quick Vehicle Servicing Uses if located in the Towncrest Design Review District or the Riverfront Crossings District. Additional action (check one) No further action needed Board or Commission is requesting Council direction ✓ Agenda item will be prepared by staff for Council action S:RECform.doc PLANNING AND ZONING COMMISSION APPROVED FEBRUARY 7, 2013 — 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: Bob Miklo, Karen Howard, Sara Greenwood Hektoen OTHERS PRESENT: Mary Gravitt, Del Holland, Jan Palmer, Jeff Clark, Nancy Carlson, Mike Wright, Chad Kuhne, Glenn Siders RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 7 -0 to recommend approval of SUB - 00015, an application submitted by Advantage Custom Builders for a preliminary plat for Mackinaw Village Part 5, an 8 -lot, 3.95 acre residential subdivision located on the north end of Mackinaw Drive. The Commission voted 7 -0 to recommend approval of SUB12- 00016, a preliminary plat of Lindemann Subdivision Parts Five and Six, a 12 -lot, 22.53 -acre residential subdivision located on Lindemann Drive. The Commission voted 7 -0 to recommend approval of amendments to Section 14 -4E -8 of the Zoning Code regarding modification of nonconforming development as recommended by the staff in their memorandum of February 1, 2013 included in the packet for this meeting. The Commission voted 7 -0 to recommend approval of amendments to paragraph 14 -413- 413-12 of the Zoning Code to include new standards for Quick Vehicle Servicing Uses if located in the Towncrest Design Review District or the Riverfront Crossings District. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Mary Gravitt of 2714 Wayne Avenue said she had gone to a community meeting where they were told that the Chauncey was not zoned yet. She said the question was how can that building be designated there when it hasn't been zoned for being there. She said her objection to that building is that twenty to twenty -two stories are too tall for that neighborhood. She said according to the City's Comprehensive Plan, a building like that has to relate to the neighborhood. She said the rest of the buildings in the area are low -rise. She said The Planning and Zoning Commission February 7, 2013 - Formal Page 2 of 13 Chauncey is out of place, and she wants to know more about zoning. Miklo said that the site is currently zoned Public (P), and in order for it to be developed privately, it will have to be rezoned to some other zoning classification. He said there would be hearings before this Commission and City Council before it will be rezoned. Gravitt asked how the property could be turned over to the Moen Corporation to build, when there's no zoning there. Miklo said the City still owns it. Gravitt said that the people of the community then could still protest that oversized building. She said she appreciates the look and the beauty of this little city. She said the people have rolled over and are so depressed about this decision, and she feels depressed too. Eastham asked Miklo to explain how requests for rezonings can be initiated. Miklo explained the three ways that rezonings can occur. The City Council or the Planning and Zoning Commission can initial a rezoning. He said the most expeditious way to bring the question to the Commission would be for a citizen to file an application for a rezoning. Eastham asked if a citizen would have to own the property. Miklo said anyone can apply to have it rezoned. Del Holland of 1701 East Court Street said he wants to encourage the Commission to try and guide the City to make sure that the development at the corner of Gilbert and College Streets is as energy efficient as possible, that it could be a model. He said it seems like the developer and the proposal so far is not that energy efficient. He said he wants to make sure the Commission keeps that in mind as they help guide the City in those negotiations. He said they need to be dealing with these issues right now and here's an opportunity and the City has some say and he'd like this Commission to help guide the City Council in doing that. Jan Palmer of 814 Bowery Street said it's the Chauncey building that brings her to the meeting. She said she would like to understand more about the process. She asked if the City put in their Request for Proposal that they would accept buildings with the Central Business (CB -10) designation. She asked what the relationship is between City Council and this Commission. She asked what real authority the Commission has at this point in this decision. Freerks explained that City Council always has the final say on rezonings. She said if they vote against whatever the Commission recommends, the two groups would have a meeting and try to come to some agreement. Greenwood Hektoen said the Planning and Zoning Commission's role is to consider these items in detail and make a recommendation to the City Council. Palmer said that she very much hopes that each and every one of the Commission members will consider the sensibleness, the appropriateness, and the value and impediment to the larger cultural climate of Iowa City of this proposal in light of the guidelines that the master plan created, which to her understanding, would currently mitigate against such a building at this location. She asked each one of the Commission to make an independent decision, regardless of whether or not it concurs with the direction that the City Council is moving, because it's very important to the community and she thinks the Commission owes it to the people of the community to give the City Council honest guidance whether or not that is popular. She said we are at a point where the City Council really needs to hear the will of the larger community in whatever form that takes, and to not have an easy time making decisions that may go against the larger will of the community. She asked the Commission to use their consciences, their best judgment and speak the truth to the City Council. Comprehensive Plan / Rezoning Items REZ12- 00030: An application submitted by Jeff Clark for a rezoning from Commercial Office (CO -1) zone to High Density Multifamily (RM -44) zone for approximately for .465 acres of property located on 821 E. Jefferson Street. Planning and Zoning Commission February 7, 2013 - Formal Page 3 of 13 Setting a public hearing for February 21, 2013 to amend the Comprehensive Plan - Central District Plan to change the land use designation from Office Commercial to High Density Multi - Family Residential for property located at 821 E. Jefferson Street. Miklo showed the Commission on a map where the property is located and explained the various zones on the block. He said the property became vacant within the last two years and was put on the market. He said there was an application to rezone this property to High Density Multi- family (RM -44) a little over a year ago. He said that proposal included a concept plan for an apartment building with forty one - bedrooms and twenty -nine parking spaces. He said concerns were raised about that proposal due to the large number of three - bedrooms, and it was recommended against by the Planning and Zoning Commission. He said the application was withdrawn before the Council acted on it. Miklo said the proposal before the Commission now is for RM -44 zoning, and that the applicant would agree to a conditional zoning agreement that would limit the development on the subject property to eighteen one - bedroom apartment units. He said there have been changes in the overall zoning code that would prevent four and five bedroom apartments in the RM -44 zone, and density is regulated by bedroom versus unit count. He said that up to forty one - bedrooms are possible given the square footage of the subject property or twenty two - bedrooms or fifteen three - bedrooms, but those densities likely can't be achieved unless there is structured parking. He said staff thinks this proposal, as opposed to the previous proposal, does address some of the concerns the staff, the Commission, and the neighborhoods had. He said the Comprehensive Plan does encourage the preservation of neighborhoods, but it also encourages housing that serves a variety of household types, and given the zoning pattern in this block and with the conditions that the applicant has agreed to, the RM -44 is appropriate. Miklo showed aerial views of the block and a concept site plan which, if the zoning is approved, staff would recommend that this site plan be included in the conditional zoning agreement so that any development on this property would have to adhere to this plan with only minor adjustments allowed. He said there are requirements in the Code for neighborhood compatibility, and the plan will have to be reviewed by the design review committee for compliance with that. He said the building is designed to be similar an apartment building that would have been built in the early part of the twentieth century, with the first two floors being brick carried around the first third of the building and the remainder of the building covered in siding. Miklo said that staff believes that this plan is generally consistent with the intention of the RM -44 zone and the recent amendments that were passed to encourage a different form of multi - family housing, including 1- bedroom apartments. He said because the current Comprehensive Plan shows this as Office, there will need to be a Comprehensive Plan amendment to change that designation to multi - family or high density multi - family. He said staff recommends approval of the rezoning but asks that the Commission defer voting until the February 21 meeting when there can then be a public hearing on the Comprehensive Plan Amendment. Eastham asked if the surrounding uses in the area that are now zoned RM -44 would be non- conforming under a less intense zone. Miklo identified properties that would be. Eastham asked if Miklo could say if there's a substantial issue about spot zoning if this parcel were zoned Neighborhood Stabilization Residential (RNS -20 or RNS -12). Miklo said that is a possibility because there is RNS -12 to the north and RNS -20 is a large part of that neighborhood, so he doesn't think that would be a spot zoning. He said staff had considered what other zoning might be appropriate here. He said an issue is that the subject property is in the flood plain and the Planning and Zoning Commission February 7, 2013 - Formal Page 4 of 13 building currently on the site is obsolete, and in order for this to redevelop there needs to be some return on the property and it might take this number of units to accomplish that. Howard said the RNS -20 zone was explored by several developers. She said when the density formulas were recently changed for the multi - family zones, one - bedrooms in the RNS -20 didn't get bonuses so that there wouldn't be a reason to take down more historic buildings that might be in these areas without more careful study of that option. She said to get that bonus in an RNS -20 zone, a developer would have to do larger units. Freerks asked if it would be prudent to add to the Conditional Zoning Agreement (CZA) that there will be no more than 18 one - bedroom units, because that is not really specified in the CZA. Greenwood Hektoen said that could certainly be part of the Commission's motion. Freerks opened public hearing. Jeff Clark, the applicant, said he had a good neighbors meeting with some of the people in the area, and he said the general consensus was that they liked it or said it was an acceptable building for the neighborhood. Nancy Carlson of 1002 East Jefferson Street said she is at the meeting to talk about green space in relation to what the City says about it. She read from the City's Comprehensive Plan of 1997 regarding parks and open space and said from1997 until the present she has been hoping to see more action in providing more of it. She said she attended the City workshops in 2006 regarding open space for the Central District. She said in 1997 there was already a deficit of green space in both the Northside and College Green, and none has been added since then but redevelopment has continued. She read more from the plan. "The Comprehensive Plan provides a guide for decision - making so that the decisions we make today do not jeopardize our vision for the future. This enables us to address the needs of the present without compromising the ability of future generations to meet their needs..." "...The Comprehensive Plan has little use if there is no clear strategy of action to carry it out." She said the City has spent lots of money putting these words on pages. She said her trust and her patience are gone. She asked the Commission if they are part of the problem or part of the solution. Mike Wright of 225 North Lucas Street said this is clearly better than the last plan he saw for this site, but he has concerns about development on this property. He said although the plan would accommodate a space for each unit there is a serious parking problem in this neighborhood for any non - residents of the neighborhood. He said this development flies in the face of the Central District Plan, which has among its other goals, achieving a healthy balance of rental and owner occupied housing in the central neighborhood. He said this is a neighborhood with a rental rate of more than eighty -five percent. He said he would like the Commission to consider how this achieves the City Council's stated goal of neighborhood stabilization. He said they really don't need any more apartment buildings in the neighborhood although he appreciates Mr. Clark's efforts. He said the RM -44 to the west of the subject property has in particular been a trial, and he would ask the Commission to consider if we need any more trials placed on a neighborhood that is seriously in jeopardy. Miklo said that staff had looked at the question of what would be possible on this site with a lower multi - family designation, like Low Density Multi- family (RM -12) or RNS -20. He explained that more units would be possible with each of those zonings than what is being proposed. He said the staff feels that the applicant's willingness to limit this to eighteen units justifies the RM- 44 zone. He said that given the expense of removing the existing building on this site it would be Planning and Zoning Commission February 7, 2013 - Formal Page 5 of 13 unlikely for someone to develop single family homes on this location, so staff feels that multi- family is a reasonable land use in this location. Eastham asked about the economic feasibility of RNS -12. Greenwood Hektoen cautioned against statements about the economic return on the investment and said those should be directed to the applicant. Freerks closed public hearing. Weitzel moved to defer this item. Thomas seconded the motion. Weitzel said he would like staff for the next meeting to address some of the green space issues. He said they often hear that infill development is not what triggers green space issues but many statements from the Comprehensive Plan suggest otherwise. He said they also hear that because the City isn't interested in attaining more parkland we don't want to add more green space. Eastham said he agrees with Weitzel. He said there is an extensive discussion about green space in developed areas in the Central District Plan especially. He said he would like to see more discussion about that in relationship to the development of this parcel. Freerks said she would like to know more from the staff about the limitation to 18 units. A vote was taken and the motion carried 7 -0. Eastham moved to set a public hearing for February 21, 2013 to amend the Comprehensive Plan - Central District Plan to change the land use designation from Office Commercial to High Density Multi - Family Residential for property locate at 821 E. Jefferson Street. Martin seconded. A vote was taken and the motion carried 7 -0. Development Items SUB12- 00015: An application submitted by Advantage Custom Builders for a preliminary plat for Mackinaw Village Part 5, an 8 -lot, 3.95 acre residential subdivision located on the north end of Mackinaw Drive. Miklo said this property was preliminary platted as part of Mackinaw Village Subdivision in 2004. He said the previous owner final platted much of the subdivision but not this Part 5, so it has expired. He said there is a planned development on the same property that did not expire. He said the applicant is adding one lot to the plan. He said this is not adding any lots when compared to the previously approved planned development. He said that required a buffer strip to be planted with trees along the interstate. He said the applicant has agreed to move that tree buffer closer to the house sites than where it was previously planted and to include faster Planning and Zoning Commission February 7, 2013 - Formal Page 6 of 13 growing varieties. He said the drainage issue that required this be deferred from the last Commission meeting has now been resolved to the satisfaction of the City Engineer. He said staff is recommending approval of this item. Freerks opened public hearing. Chad Kuhne, owner of Advantage Custom Builders, said he was there to answer any questions. Freerks closed public hearing. Thomas moved to approve SUB - 00015, an application submitted by Advantage Custom Builders for a preliminary plat for Mackinaw Village Part 5, a 8 -lot, 3.95 acre residential subdivision located on the north end of Mackinaw Drive. Weitzel seconded. Freerks invited discussion. Eastham stated for the record that Mr. Kuhne is the contractor for a nonprofit that he is involved with as a board member, but he sees no conflict of interest. A vote was taken and the motion carried 7 -0. SUB12- 00016: An application submitted by Southgate Development for the preliminary plat of Lindemann Subdivision Part Five and Six, a 12 -lot, 22.53 -acre residential subdivision located on Lindemann, Charles and Kenneth Drives. Miklo said parts of the subdivision have been final platted and built, and other parts have been final platted but the streets have not been put in yet. He said Parts Five and Six have expired and need to be reapproved. He said the applicant is proposing twelve lots in Part Five while keeping Part Six as an outlot for future development. He said the original approved plan had a cul -de -sac bulb that was designed to be extended to connect with Hummingbird Lane. He said a subdivision was approved some years ago which precludes that connection. He explained the new design for that connection. He said this plan is very similar to the previously approved subdivision with some small changes and staff is recommending approval of this item. Freerks opened public hearing. Glenn Siders of Southgate Development said he was available to answer questions. Freerks closed public hearing. Eastham moved to approve SUB12- 00016, a preliminary plat of Lindemann Subdivision Part Five and Six, a 12 -lot, 22.53 -acre residential subdivision located on Lindemann Drive. Swygard seconded. Freerks invited discussion. A vote was taken and the motion carried 7 -0. Planning and Zoning Commission February 7, 2013 - Formal Page 7 of 13 Comprehensive Plan Public hearing on an amendment to the Comprehensive Plan to adopt an update to Iowa City's Comprehensive Plan: "Iowa City 2030." (Staff recommends this item be deferred to February 21S) Weitzel moved to defer public hearing on an amendment to the Comprehensive Plan to adopt an update to Iowa City's Comprehensive Plan: "Iowa City 2030" to the meeting of February 21St, 2013. Martin seconded. A vote was taken and the motion carried 7 -0. Code Amendment Items Discussion of amendments to Section 14 -4E -8 of the Zoning Code to modify how nonconforming development is regulated. Howard said this concerns only nonconforming development, which is basically the site elements: parking, lighting, screening, landscaping, outdoor storage, exterior elements on a property. She said they made adjustments to these provisions in 2010 and 2012 to make it easier for older properties to be reused or redeveloped while ensuring that over time sites would be brought into compliance with the new standards adopted in 2005. She said the challenge has been to find the right set of triggers that allow buildings on existing properties to be improved, reused, or expanded while at the same time requiring a minimum amount of investment in site improvements that will gradually bring a site into compliance with these types of standards. Howard said contractors are often unaware of the requirements to make changes to nonconforming development until they apply for a building permit and discover that the changes will increase the cost of their project. She said staff recommends deleting the dollar and assessed value triggers and instead establishing a standard whereby only structural alterations that actually result in an increase in the occupancy load of a building or an increase in the number of bedrooms or dwelling units or otherwise increase the allowable residential occupancy of a building will be the trigger for some additional requirements. She said the same requirements would apply and the ten percent cap would be in place so that in no case would the site improvements that were triggered exceed ten percent of the project being proposed. Freerks asked if something is already a nonconforming use or there is a maximum occupancy on a building so that you could never legally increase occupancy without upzoning, is there no way to ever bring it into compliance. She asked if there would be no way to request that changes be made to such a property. Howard replied that was true, but that's the case today as well. Freerks asked if there would be no way to ever fix anything, that there's nothing that can be done to improve it unless owners do it voluntarily. Thomas said he thought what Freerks meant was that we are limiting ourselves to any increase in occupancy, so if the building is grandfathered, realistically we aren't going to see an increase in occupancy ever performed on that building. Freerks asked if this meant that no amount of any kind of alterations in any way will ever bring it into compliance in terms of its nonconforming parking lot or whatever. She asked if what she heard at the informal meeting on February 4t was that an internal remodel or something like that would have been a trigger. Planning and Zoning Commission February 7, 2013 - Formal Page 8 of 13 Howard said most of these concerns and the nonconforming development that they are trying to address are commercial standards. She said there are already triggers in the Code for residential properties that are different than commercial properties. Freerks said she wants them all to realize that there are no triggers to bring some of those things into compliance. Eastham asked if Freerks thought there were triggers before. Freerks said she thought there were. Howard said the previous trigger was that the project had to exceed $25,000 or thirty -five percent of the assessed value of the property. She said she's not certain there were ever any residential properties that were affected. Freerks asked about occupancy loads in commercial buildings. Weitzel said if it's a restaurant and the parking lot is nonconforming but there's never going to be an addition because location constraints allow them to be as big as they will ever be, that parking lot will never be brought into compliance. Howard said an example of an internal remodel that would increase the occupancy load would be creating a new bathroom or expanding the seating area even if the building is not expanded itself. Thomas asked about the term "structural" Howard explained that anything that increases the occupancy load of a building is considered a structural alteration, whether it be internal or external. She said a structural alteration could also be something that increases the volume of a building. Greenwood Hektoen said it is her belief that in the commercial zones the occupancy load of a building is not limited by the zone the way that occupancy is in a residential zone. She said there wouldn't be a nonconforming commercial building based on occupancy load so you would never be nonconforming because of your occupancy load in a commercial zone. Thomas asked if the ten percent is of the project cost or just the costs associated with the structural alteration. Howard said it would be a portion of the structural alterations. She said someone could voluntarily make site improvements that they are doing at the same time, but that wouldn't be added to the total to increase the value of what that ten percent would be. Dyer said it would be smarter to make improvements smaller than that sequentially. Howard said the ten percent is based on the project value so no matter how small the project, if it's a structural alteration it would still be ten percent of whatever that amount is. Freerks opened public hearing. Glenn Siders of Southgate Development Services said he understands most of what the staff is trying to do but he has some questions and concerns. He said Howard had mentioned that if you increase the occupancy load, you trigger certain standards, and he would like to know what those standards are and how it impacts the site. He said the concern he has is how does increasing the occupancy load impact his site development improvements and what are these certain standards that he's going to have to do on his site if he increases that occupancy load by one. Howard said that structural alteration is any change in the configuration of the exterior walls, foundation or roof of a building that results in an increase in the area height or volume of the building. Siders asked who is going to tell him what he's going to spend that ten percent on Planning and Zoning Commission February 7, 2013 - Formal Page 9 of 13 and maybe that won't be enough to make any improvements. Howard said the standards are listed in an order of priority, but if the only money available is a small amount, you would go down that list to find something reasonable. Eastham asked what happened if there was nothing on the list that is a development standard that the property is nonconforming on and the owner can correct with the ten percent. He asked what happens to the owner's requirement to do something to bring the site up to standards. Greenwood Hektoen said the City has the discretion to waive or modify by minor modification the standards that can't be met. Howard said if they are talking about a change to the actual exterior structure of a building, there will be some major cost to that. She said she had asked the Building Department if they shouldn't still have a minimum threshold of cost, and their feeling was that a change in the exterior structure would be up in a range where there will be a significant amount of money to use for site improvements. Freerks closed public hearing. Eastham moved to recommend approval amendments to Section 14 -4E -8 of the Zoning Code regarding modification of nonconforming development as recommended by the staff in their memorandum of February 1, 2013 included in the packet for this meeting. Weitzel seconded. Freerks invited discussion. Freerks said it's probably not perfect, but it's very difficult to come up with a solution for so many situations that vary. Thomas said he understands how people coming in to pull permits would be upset when they discover the additional costs. He said his concern is that they are moving this to the point where it's going to be exceedingly rare that they meet the trigger. He asked if anyone is overseeing this to see if we've gone too far with our definitions. Freerks said she has that concern also and would be interested in knowing what results from this change. Howard said the new standards that were added are mostly about parking lot screening, so the broader question is should those improvements be triggered by individual projects happening to individual properties that may create ill will and lead to people not improving their properties or should it be some other type of improvement project that's not individual based but rather a streetscaping project. She said there are other methods the City can use to improve business districts besides having individual triggers. Eastham said it would be good if there were some sort of inventory of nonconforming development standards that are above some level. He said it would be helpful if there were some sort of inventory that staff, the Commission and Council could refer to to see if progress is being made to reduce the items on the list. Planning and Zoning Commission February 7, 2013 - Formal Page 10 of 13 Howard pointed to the Towncrest Redevelopment Plan as a way to improve the streetscape. Eastham responded that the uses out there are not all nonconforming. Howard said they aren't talking about nonconforming uses but rather nonconforming development. Dyer said there's one place in town that had a very small lot and added an addition to the building which required them to put in greenery in front of their parking. She said the cars drove over it, creating a muddy place that makes getting in and out difficult. Thomas said he wanted to keep an eye on how this would be working and wanted to know if there's an internal process where they monitor where these nonconforming conditions are. Freerks asked if Housing and Inspection Services could do it. Howard said that Housing and Inspection Services could be asked to address the Commission at a future meeting about the problems they are experiencing. Freerks asked if in a year's time the Housing and Inspection staff come to a Commission meeting and assess how it's working. She said she thinks it would be an educational tool for the Commission. She says she thinks good follow -up on things like this is time well spent. Eastham agreed with Freerks. He suggested that Housing and Inspection Services present them with a check list. Freerks said she thought that was asking too much of them, and all she wants is an honest assessment of how things are working. Miklo said one possibility is that as site plans come in the staff could note which ones under the current standards would have had to do something. Thomas asked if that portion that is applied toward nonconforming site conditions could be a line item that can be identified. Howard said she's not sure that's possible because they would have to go through every building permit that was pulled. She said they could invite the Building Department to come and speak to the Commission by deferring the discussion to the next meeting. Freerks said she's fine passing this, but she would like a future assessment. Howard said she can talk to the Building Department to find out what's possible. Freerks said that would be fine. Swygard said she's in favor of passing the amendment at this point and it would be nice to have some follow -up if that's possible but she thinks they'll also get some feedback from the community and developers as this proceeds. Freerks said bringing nonconforming properties into compliance is important but it's also a fight not to have an undue burden upon people who are trying to have a business, especially in an older, smaller area where we want to have businesses in order to have a vital community. Thomas said he was willing to support the amendment but he feels that it's important to address nonconforming site conditions and he's concerned that if they lower the bar too low, they won't see any money going toward it. Howard asked Thomas if he would like staff to invite the Building Department to come to a future informal meeting. The Commission agreed that would be a good idea. A vote was taken and the motion carried 7 -0. Planning and Zoning Commission February 7, 2013 - Formal Page 11 of 13 Discussion of amendments to paragraph 14- 4B -4B -12 of the Zoning Code to include new standards for Quick Vehicle Servicing Uses if located in the Towncrest Design Review District or the Riverfront Crossings District. Howard explained that detailed plans for Towncrest and Riverfront Crossings have recently been adopted by the City Council. However, new zoning tools to match haven't yet been put in place. She said that it may take some time to develop the zoning since it is a large area and a fairly complex code. She said the concern is that in the meantime, development projects may be proposed that are counter to the recently adopted plan if not carefully considered. She said one of the issues that has been identified is how to integrate auto - oriented into new walkable neighborhoods envisioned by the plans. As an interim solution, staff recommends adopting new standards for Quick Vehicle Servicing uses that it would apply by special exception to any property in the Towncrest Design Review District or the Riverfront Crossings District. These would be the same standards that currently apply in the Central Business Zones. She said that Quick Vehicle Servicing Uses would be allowed by special exception. Any new building would have to be located close to the street with the vehicle use areas located behind or to the side. This is sometimes called a "gas backwards" and there is an illustration and photo in the Riverfront Crossings Plan that describes how this has worked in other cities. Freerks asked if in the code they are putting together it would allow apartments on top of convenience stores. Miklo said in the illustration Howard is using it is actually offices on the second floor, not apartments. Dyer said in the illustration Howard is showing what's behind the gas station is actually along a side street and isn't really obscured. Howard said the idea is to pull the building up to the street and ensure that there are storefront windows and doorways along the public sidewalk with the gas pumps located behind and to the side. Swygard asked how that would affect vehicles entering and exiting the property to get to the pumps toward the back of the building. Howard said the reason to make it a special exception is that every property is going to be different and that gives them the flexibility to design the site and the use for that particular site and so all those various traffic concerns can be taken into account. Miklo said it fits in with their goal of getting the driveways as far from the intersections as possible. Freerks invited discussion. Freerks opened public hearing. Freerks closed public hearing. Weitzel moved to recommend approval of amendments to paragraph 14- 46 -41B-12 of the Zoning Code to include new standards for Quick Vehicle Servicing Uses if located in the Towncrest Design Review District or the Riverfront Crossings District. Swygard seconded. A vote was taken and motion carried 7 -0. Planning and Zoning Commission February 7, 2013 - Formal Page 12 of 13 OTHER: Consideration of Meetinq Minutes: Dec. 17, 2012, January 14 & 17, 2013 Martin moved to adopt. Dyer seconded. A vote was taken and the motion carried 7 -0. ADJOURNMENT: Eastham moved to adjourn. Swygard seconded. The meeting was adjourned on a 7 -0 vote. A 0 !mox u n u v c,cn Cl) Cl) co m 3 ox N a ti) �CD CL ��tn�mmvz m =�y D m0 N�O-m xmwmm -iXm .�0 NkO 7om -1 M -q =- ic m mD52MIl- r�o�cngD rm-r9>Z;q>o a aa - Nc > R0,OZ00 mac. ROMOZOO ZDmzD-< zcoM >-<< D M �z Dm rz ml I m 000000ox m —I 0000000x c`nc`noc\nc\nc`nc\n'aM m -q cn cn cn cn cn M cn '_v m .� .� ..� . � " M W0Cn -4WMMM Cl) xxxxxxX-A- M XXX XXX� w XXXXXXXy N x x X XXxN •4 X x x X X X XxX XXX N XXXXXXX3 Xxxxxxxo 0X0XXX0co m O m m mN O xxXXxxX 3 > �XXXXxx-4 co ic r, 00xXxxoe 3 m -- xxxXxx� m m M m m co z z °x °xxXxo l O xXXxxXx2- �' °Xxxxxxw xMXXxxx° 0 00 mXXX X A XXXxxxx; 00 O Oj XxXXXXX� mXXXXXm� XXX�xXXN xxxxxxxN r" W XxxxXXxW xxmxxxXN xXXxXXX� V xxxxxx� -r XxXXXXX - xxxxxxx N � X 0 X x X X x N m N D z D z --� z M z Qo oN 0 N D �? n Z M G) w n O O v � Ch 0 z r CITY OF IOWA CITY 2b ��= m'q 7, MEMORANDUM Date: March 8, 2013 To: Mayor and City Council From: Bob Miklo, Staff Member of Planning & Zoning Commission Re: Recommendation from Planning & Zoning Commission At their February 21, 2013 meeting the Planning & Zoning Commission made the following recommendation to the City Council: The Commission voted 6 -0 to recommend approval of an amendment to the Comprehensive Plan Central District Plan to change the land use designation from Office Commercial to High Density Multifamily Residential for property located 821 East Jefferson Street. The Commission voted 5 -1 (Eastham opposed) to recommend approval of REZ12- 00030, an application submitted by Jeff Clark for a rezoning from Commercial Office (CO -1) zone to High Density Multifamily (RM -44) zone for approximately .465 acres of property located 821 East Jefferson Street with subject to a Conditional Zoning Agreement requiring that the design of the building and landscaping will generally be consistent with the submitted drawings, and the building will be limited to a maximum of eighteen one - bedroom apartments. The Commission voted 6 -0 to recommend approval of the Camp Cardinal Urban Renewal Plan stating that it conforms to the Iowa City Comprehensive Plan, the general plan for the city as a whole. Additional action (check one) No further action needed Board or Commission is requesting Council direction X_ Agenda item will be prepared by staff for Council action S:RECform.doc PLANNING AND ZONING COMMISSION APPROVED FEBRUARY 21, 2013 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Stewart Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard, Tim Weitzel MEMBERS ABSENT: John Thomas STAFF PRESENT: Bob Miklo, Karen Howard, Wendy Ford, Sara Greenwood Hektoen OTHERS PRESENT: Mike Wright, Nancy Carlson, Jeff Clark, Pam Michaud, Wally Pelds, Anna Buss, Glenn Siders RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 6 -0 to recommend approval of an amendment to the Comprehensive Plan Central District Plan to change the land use designation from Office Commercial to High Density Multifamily Residential for property located 821 East Jefferson Street. The Commission voted 5 -1 (Eastham opposed) to recommend approval of REZ12- 00030, an application submitted by Jeff Clark for a rezoning from Commercial Office (CO -1) zone to High Density Multifamily (RM -44) zone for approximately .465 acres of property located 821 East Jefferson Street with subject to a Conditional Zoning Agreement requiring that the design of the building and landscaping will generally be consistent with the submitted drawings, and the building will be limited to a maximum of eighteen one - bedroom apartments. The Commission voted 6 -0 to recommend approval of the Camp Cardinal Urban Renewal Plan stating that it conforms to the Iowa City Comprehensive Plan, the general plan for the city as a whole. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA Comprehensive Plan Public hearing on an amendment to the Comprehensive Plan to adopt an update to Iowa City's Comprehensive Plan: "Iowa City 2030." Eastham said he wanted to talk about an ex parte item. He said he had received an email from a citizen asking about when she would have a chance to comment further upon the Planning and Zoning Commission February 21, 2013 - Formal Page 2 of 14 developments at College and Gilbert Street and also what parts of the Comprehensive Plan he thought were relevant to this Commission's consideration. He said he could talk to her about procedural things, and he also suggested that she contact the Planning staff. He told her that the 2030 Comprehensive Plan update will be on the agenda March 7th and that update includes the area she is referring to. He said he indicated he probably shouldn't be discussing parts of the Comprehensive Plan that are relevant until it comes to public discussion. Miklo added that the current land use plan in place now shows that area as Public. He said the land use map that the Commission will be getting from staff next week as part of the Comprehensive Plan will show that area as Commercial to indicate the direction that City Council has given in terms of their decision to put it on the market as a commercial property. He said the land use map, unless the Commission advises otherwise to the Council, will show the property as Commercial rather than Public. He said staff recommends this item be deferred to March 7 th Eastham asked if the update is available now to the public. Miklo said they will put a draft online next week. Freerks opened public hearing. Freerks closed public hearing. Eastham moved to defer public hearing on an amendment to the Comprehensive Plan to adopt an update to Iowa City's Comprehensive Plan: "Iowa City 2030." Swygard seconded. A vote was taken and the motion carried 6 -0. Comprehensive Plan / Rezoning Items Public hearing to amend the Comprehensive Plan - Central District Plan to change the land use designation from Office Commercial to High Density Multifamily Residential for property located at 821 E. Jefferson Street. Miklo said this property is currently Office (CO -1) while the properties on three sides are High Density multifamily and the properties to the north are Neighborhood Stabilization, and the properties in the surrounding area are Neighborhood Stabilization Medium Density. He said the reason the office use is shown on the Comprehensive Plan is because that is what's been there since the 1960s. He said given its position midblock, the fact that the property is in the flood plain, and it's an older office building that hasn't been kept up to date with modern technology, staff feels that the Office designation may be obsolete in this location, and it would be appropriate to change it to another designation. He said given the configuration of the block and in conjunction with the applicant's zoning request, staff feels it would be appropriate to designate this for high density multifamily, provided that some of the other concerns in the Comprehensive Plan or policies in the Central District Plan are addressed like trying to achieve different balances of housing in the areas in terms of longer term rentals and owner occupied. Miklo said the applicant has proposed eighteen one - bedroom units, and the reason for the High Density Multifamily (RM -44) request is because that is one of the few zones where a bonus is provided for one - bedrooms. He said the lower density zones that would seem appropriate here could actually result in more bedrooms. He said a Neighborhood Stabilization (RNS -20) zone could result in up seven three - bedroom apartments with a total of twenty -one bedrooms, but Planning and Zoning Commission February 21, 2013 - Formal Page 3of14 would only allow seven one - bedrooms. He said given the applicant's plan and agreement to a Conditional Zoning Agreement (CZA) that would put some limitations on the design units, staff believes that the RM -44 zone would address some of the issues raised in the Comprehensive Plan about trying to encourage longer term apartments and one - bedroom apartment versus multi- bedroom apartments. Miklo said the Commission had asked him to address the issue of open space. He said the Central District Plan recognizes that open space is in shorter supply in this district. He said for new subdivisions the Open Space Ordinance is in place, requiring consideration of new parks. He said it will be difficult to achieve new open space in the Central Planning District because it's a built up neighborhood where there are very few new subdivisions, the cost of land is higher, and the configuration of some areas doesn't lend itself to a park -like setting. He said this area is well served by some of the larger, community -wide parks like Hickory Hill Park, City Park, and the open space along the riverfront, and in the southern part of the Central Planning District the City is proposing the riverfront park as part of the Riverfront Crossings District. He said the subject area does have better access than other parts of the city to the larger city -wide parks. He said the City has invested in the existing open spaces in the area such as North Market Square Park and College Green Park. He said the question of open space is difficult to address adequately in a built -up neighborhood such as this. Miklo said at this point staff is recommending rezoning of the subject property with conditions on the rezoning that would tie it to the plan showing eighteen one - bedroom units. Freerks asked if with the RM -44 zoning this property could have forty one - bedroom units. Miklo said that would be true if you do not put conditions on it. He said that many units would require structured parking. Freerks asked if that could be done with structured parking. Miklo said it could, but cost -wise may not be feasible. Eastham asked if the RNS -20 were to be considered could the number of units and the number of bedrooms be limited by a CZA. Miklo said it would be if the applicant agreed to those conditions. Freerks opened public hearing. Mike Wright of 225 North Lucas Street acknowledged Jeff Clark's cooperation in working with them and his transparency. He said their neighborhood currently has about eighty -five to ninety - five percent rentals, most likely the majority of which are short-term, which flies in the face of the Central District Plan's discussion of trying to come up with a healthy balance of renters and owner - occupiers. He said he realizes that the City has no incentives to work with developers to work within the Comprehensive Plan to achieve that balance. He said the proposed units will probably mostly be short -term rentals and too high priced to qualify as work force housing He said unless there could be a CZA to make a portion of this work force housing he doesn't know realistically what else is going to come along for this property. He said there are flaws in this project, and he can't quite bring himself to support it. Nancy Carlson of 1002 E. Jefferson Street said she's saddened watching the Dewey Street neighborhood at Planning and Zoning meetings, because it reminds her that her neighborhood was also committed and united when they came before the Commission to get their neighborhood rezoned. She said they were workforce people who loved the neighborhood. She said the Dewey Street neighborhood has both owners and long -term renters. She said because of the zoning rules and regulations, her neighborhood has consistently been degraded to the point where the majority of residents are short-term renters. She said if the Commission and the Planning and Zoning Commission February 21, 2013 - Formal Page 4 of 14 City are only interested in zoning, it's a simple issue, but if the Commission cares about quality of life, if they want to support the fact that in the Comprehensive Plan it says that the City of Iowa City is a community of neighborhoods and they take that term seriously, then the city needs long -term renters. She said the people who care about and are committed to the neighborhoods are long -term residents, not short-term renters. Jeff Clark of 414 E. Market Street said he has tried to present a plan that would accommodate long -term occupants. He said that one - bedroom occupants are likely to stay longer. He said the CO -1 would allow up to seven three - bedrooms on it but it would have to have commercial on the main level, and commercial is not going to be viable at that location. He said there will be more green space with the plan he is presenting. He said he is asking the Commission to approve it. Freerks asked Clark if he has ever thought about work force housing with the City or would think about doing it in general. Clark said many of the work force housing projects that are coming through are taking on grants and Tax Increment Financing (TIF) and that's not something that is available for this project. He said if there was Tax Increment Financing put towards these projects, there's a good possibility that there would be a likelihood for future projects, but at this point there's no free money coming at them and there's a cost to build them. Freerks said it's more of a community commitment because it's public funding, and it's everyone's money that is being put toward them. She said many of the areas near downtown are at eighty -five to ninety - five percent rentals, and that really is not an acceptable percentage. She said she completely understands what the previous speakers are saying about neighborhood and community, and she's not sure how you take care of that with all the university students. She said this can't be accomplished without the university stepping up to the plate as well and offering more housing for the undergraduates. Martin asked what constitutes work force housing. Miklo said it would be housing that is affordable to professions such as teachers, firefighters, police officers. Freerks added that it would be people making sixty to 120 percent of the median income. Miklo said it could be either rental or owner occupied. Freerks said it's also so people can live close to where they work. Miklo said the City released a Request For Proposal (RFP) for work force housing in conjunction with the parking facility that was planned for the St. Patrick's lot. He said they did not get much response. He said they are also working with some State funding programs to help produce some new one - bedrooms and efficiencies that would be available for rent at a level that would affordable in that price range. Eastham said one of the aspects of work force housing is that it tries to provide housing for a specific population group that generally does not include short-term renters or households where the members of those households are full -time students. He said there are a number of publically funded programs which have that as an explicit part of the qualifications. He said there's nothing that says that limiting occupancy to people who are not full -time students can be an entirely separate, stand —alone requirement. Freerks said she's not sure they can do that. Miklo said if the issue of work force housing is going to be addressed in the zoning ordinance, which some communities do, it would have to be something like inclusionary zoning, so putting it on one individual property is not the route to take. Eastham said it eventually comes down to putting it on one individual property. Greenwood Hektoen said the State Code allows them to attach conditions to a rezoning that are to address specific needs generated by this particular rezoning, and she does not believe they can say that workforce housing is being generated by this proposed zoning. Planning and Zoning Commission February 21, 2013 - Formal Page 5 of 14 Freerks said that to add workforce housing is a process that has to start before this point. She said if someone wanted to pause and look into it would be something to think about, but that's not a stipulation the Commission can attach here. Miklo said he heard some frustration about the fact that the City has a Comprehensive Plan that identifies some of these concerns and the City doesn't have the tools to address it. He said he pointed out that the City has done several things over the years to address those concerns in terms of neighborhood stability. He said they created the Neighborhood Stabilization Residential (RNS -12) zone. changed the occupancy limits to three unrelated persons, worked with the University on the UniverCity partnership program, applied conservation districts and historic districts, and made amendments to the occupancy standards and incentives for one - bedroom apartments. He said staff sees this application as a response to exactly what the City said it wanted, including one - bedroom apartments, and more open space. Eastham asked if he had any information about what the effect of those various measures has been. Miklo said it's been positive, because prior to the Neighborhood Stabilization zoning in this neighborhood homes were being taken down or converted to multiple units, and that has now stopped, the nearby conservation district has resulted in buildings that better fit architecturally into the neighborhood, and recent Code amendments have addressed the issue of four and five - bedroom apartments. He said there have been a lot of positive changes but the question is whether they have gone far enough. Freerks replied that they probably haven't, with the high percentage of rentals, but she would hate to think of what it would be like if all that Miklo referred to above hadn't occurred. Miklo said not every infill development is going to be suitable for single family, and staff feels this is one of those locations. Pam Michaud of 109 South Johnson said she is really concerned about affordable housing. She said she has heard of other landlords requiring two year leases, and she feels this might attract quieter, more stable residents. She thinks the proposed project is not a bad one. Freerks closed public hearing. Swygard moved to recommend approval of an amendment to the Comprehensive Plan Central District Plan to change the land use designation from Office Commercial to High Density Multifamily Residential for property located 821 East Jefferson Street. Dyer seconded. Freerks said that forty bedrooms based on the proposal the Commission saw last year is not what they want to see here. She said she also knows that this isn't what most people here want to see at this location but CO -1 is not viable here, and it needs to change to something. She said she, too, is conflicted about it in some ways but a label does have to be attached to this piece of property at this time. Martin said the zoning has weighed heavy on her too. She said she asked herself if this is a zoning that allows a lesser evil. She said she thinks she could be comfortable with rezoning with conditions. Eastham said he agrees that continuation of CO -1 for this parcel is not in anyone's interest. He said he thinks the designation of high density, multifamily residential is at least okay since it Planning and Zoning Commission February 21, 2013 - Formal Page 6 of 14 doesn't imply that the eventual rezoning for this parcel is going to be High Density Multifamily (RM -44). Swygard said she doesn't have anything to add that would be contrary to what she's heard so far. She said she agrees that the current zoning doesn't work. Dyer said given the constraints, history, and the turnover and design for the property, perhaps the best use for this land is being proposed. Weitzel said they are seeking a diversity of housing types and options and he thinks all one - bedroom units is a new niche in this area. He thinks that the Comprehensive Plan supports it, and if you look at the existing zoning in the area it supports High Density Multifamily (RM -44.) A vote was taken and the motion carried 6 -0. REZ12- 00030: Discussion of an application submitted by Jeff Clark for a rezoning from Commercial Office (CO -1) zone to High Density Multifamily (RM -44) zone for approximately .465 acres of property located on 821 E. Jefferson Street. Miklo reminded the Commission that he had delivered the staff report on this application at last week's meeting. He said the issues are basically the same as the Comprehensive Plan issues. He said staff recommends approval of the rezoning subject to a Conditional Zoning Agreement (CZA) that would ensure that the design of the building and landscaping will generally be consistent with the submitted drawings, and the building will be limited to a maximum of eighteen one - bedroom apartments. Swygard asked if the air conditioners on the balconies will be seen. Miklo said they are somewhat screened. He said he believes these will require minor modification, which is approval that goes through the Building Department. Martin asked if RM -44 is the zoning, even with conditions, and the building is destroyed by an act of nature, could someone come in and build 40 units. Miklo said the CZA supplements the underlying zoning and runs with the property. He said to change the agreement would be the same act as rezoning, which would require coming back before the Commission and getting approval by City Council. Eastham asked if the CZA specifically has to refer to the number of units in the building. Miklo replied that it would be a maximum of eighteen one - bedroom apartments. Freerks opened public hearing. Freerks closed public hearing. Freerks read from a letter by absent Commissioner John Thomas. John Thomas talked about the goals of the Central District Plan, which include 1) working toward a healthy balance of long - to short -term housing in the district's older neighborhoods, and 2) supporting efforts to create workforce housing. These are critical aspects to stabilizing and revitalizing our central neighborhoods, and will also improve the balance in the downtown. Open space goals include creating private usable green space in multi - family development. He provided 2010 U.S Census data showing that 94% of the College Green neighborhood is rental and 80% of the resident population is between the ages of 18 and 24. These figures are up from 2000, when the Planning and Zoning Commission February 21, 2013 - Formal Page 7 of 14 neighborhood was 92% rental and 74% were between the ages of 18 and 24. He asked, at what point do we decide a neighborhood cannot afford more short-term residents, unless new housing opportunities for long -term residents are provided in equal or greater numbers elsewhere in the neighborhood? He cited the UniverCity Program and said it is not adequately scaled to address the scope of the existing imbalances in the near east campus area, and doesn't address the shortage of long -term rentals. He stated with our current zoning, work force housing is the only way to ensure that infill development in the areas near campus will provide affordable workforce housing and that, absent a larger neighborhood stabilization strategy aimed at addressing the housing imbalance, workforce housing at 821 E. Jefferson would at least be a start in that direction. Dyer moved to recommend approval of REZ12- 00030, an application for rezoning from Commercial Office (CO -1) zone to High Density Multifamily (RM -44) zone for approximately .465 acres of property located 821 East Jefferson Street subject to a Conditional Zoning Agreement requiring that the design of the building and landscaping will generally be consistent with the submitted drawings, and the building will be limited to a maximum of eighteen one - bedroom apartments. Weitzel seconded. Swygard said she believed that the applicant has worked with the neighborhood, which is much appreciated, learned a lot about the area in doing that, and made a good attempt at working with the City regarding the incentives for the one - bedroom apartments. She said she thinks this area, between two apartment complexes, is not suitable for single family homes, so an apartment complex is most appropriate here. She said she appreciates the emphasis on work force housing, although she's not sure how that can be achieved at this stage with this property. She said she will be supporting this rezoning. Dyer said she had nothing to add. Martin said her comments are the same as from the Comprehensive Plan discussion. Eastham said it's clear that the Commission and the neighborhood would prefer to have a development that encourages longer term residents. He said he has nothing against students wanting to live in apartments, and in the Riverfront Crossings Plan they made considerable efforts to ensure that there is adequate rental housing for students. He said the increase in the number of younger residents in this area in the last decade bothers him, because he knows they have done a number of things, which Miklo summarized earlier in the meeting, to improve the opportunities for longer -term residents to choose to live in these neighborhoods. He said it's quite possible that those efforts aren't working very well. He said he does appreciate the applicant's interest in having one - bedroom units, which some longer -term residents may be interested in, but he's not sure that's going to pan out. He said personally he thinks that some two- bedroom units might be more attractive to younger professionals in this area. He said he thinks that one of the best uses for this property would be as a neighborhood park. He added that he's been in many communities that spend a lot of money on community parks. Freerks said in order for other communities to do that the community has to have an investment and an ability to want pay to purchase that property. She said there are other ways to introduce green space and amenities that bring people into a community and make them want to be your neighbors long -term. She said one way is roof -top gardens, which surprisingly hasn't been achieved yet here, and other things that use space in a way that is creative but allows for the parking. She said there has to be a bigger commitment to green space on a smaller scale in Planning and Zoning Commission February 21, 2013 - Formal Page 8 of 14 neighborhoods, and that's a conversation that needs to be had with City Council so they know that this void and deficit exists. Freerks said it's a void that has been documented in these neighborhoods, and squeezing more large buildings like the one to the west of the subject property that completely obliterate the lot doesn't do anything to add to the neighborly functionality of the area. She said lot size and square footage are things that the Commission should readdress and are things they have talked about before that haven't been achieved when they have done changes on the Code, and maybe they need to go a little bit further or figure out other ways to make these neighborhoods livable. Eastham agrees that having green space in these neighborhoods would make them more attractive to longer term residents. He said he's not sure about buying into this proposal right now. He said he thinks there are better proposals they can come up with for this parcel. He said paying attention to what happens to infill parcels makes a huge difference in how these neighborhoods continue over time. Freerks said it's a tough lot, dealing with the evils and mistakes that occurred around it. She said she always has to think about what can be achieved in an area in a timely manner before something else might happen. She said the one - bedroom units don't do anything for long -term rentals necessarily, but it's something the Commission has asked for and it's something to try on this parcel. She said she thinks they have a ways to go in how they deal with infill and redevelopment and how they create work force housing and how they create long -term residents in the near neighborhoods, and she thinks that is something concerned people need to bring up with City Council members. Dyer said one possibility would be not to tie the leases for properties to the academic calendar, which would make it harder for students to rent. Weitzel said so much of what is being discussed is not something they deal with on this Commission. Freerks said she thinks density is where it's at. Weitzel said the CZA in this case is keeping density below what it would be otherwise. A vote was taken and the motion carried 5 -1, with Eastham opposed. Freerks said she appreciated Clark working with the neighbors, and she thinks that needs to be done more often, which might result in a better outcome before it gets to the Commission. Setting a public hearing for March 7, 2013 to amend the Comprehensive Plan - Central District Plan to change the land use designation from Multifamily to General Commercial located at the southeast corner of the intersection of Highway 6 and Broadway Street. Miklo said this accompanies REZ13 -00005 because it's currently designated for high density multifamily. He said if the rezoning is to be approved the Commission will have to amend the Comprehensive Plan. Swygard moved to set a public hearing for March 7 to amend the Comprehensive Plan - Central District Plan to change the land use designation from Multifamily to General Commercial located at the southeast corner of the intersection of Highway 6 and Broadway Street. Eastham seconded. A vote was taken and the motion and the motion carried 6 -0/ Planning and Zoning Commission February 21, 2013 - Formal Page 9 of 14 REZ13- 00005: Discussion of an application submitted by Casey's General Stores, Inc. for a rezoning from Commercial Office (CO -1) zone to Community Commercial (CC -2) zone for approximately 2.31 -acres of property located at the southeast corner of the intersection of Broadway Street and Highway 6. Miklo showed numerous photographs of the property and the area. He explained the various zoning in the area. He said the proposal before the Commission is to change this parcel and the one adjacent to it to Community Commercial (CC -2). He cautioned the Commission to consider the zone and not necessarily the specific applicant. He said any change to the Comprehensive Plan or zoning for this property should take into account the sensitivity of this area at such a location as it is transitions to residential. He said staff believes the conditions that were imposed on the previous zoning should also be conditions of this rezoning, and those should address creating an adequate buffer, landscaping, and controlling lighting to minimize any negative effects commercial development on this site would have on its neighboring residential uses. He said staff recommends deferral of this item, during which time staff will work with the applicant on a Conditional Zoning Agreement (CZA) and a site plan. Freerks opened public hearing. Wally Pelds of Pelds Engineering, 2323 Dixon Street in Des Moines, said he is representing Casey's General Stores. He explained they want to build the bigger store with the sub shop. He explained how they want to develop the property and showed the Commission their concept plan. He said staff has indicated what they would like to see is something architecturally unique that doesn't impact the residential, possibly use an iron rail fence with brick pillars and do high trees and low bushes as a buffer. He asked the Commission for feedback on what they would like to see. Freerks said she would agree with all the ideas he presented. She said noise, particularly from beeping gas pumps and the intercom, has been an issue in the past with convenience stores, and the Commission did receive a letter from a concerned neighbor about that issue. Swygard said she thinks lighting is always an issue when that close to residential. Pelds said they will address that issue. Weitzel said it's nice to keep in mind that there might be pedestrian and bike traffic as well as cars. Pelds said they have planned for bike rakes and access off the trail that runs through the parcel. Freerks said signage is also an issue. Eastham said canopy design is important to him because they are tall and quite noticeable from the highway. Pelds explained that they have gone to a softer look with more muted colors. Dyer asked if the area requested for rezoning is green space. Pelds said it actually is going to be modified completely. He said they are proposing to use the open space as detention. Anna Buss, a landlord in Iowa City, spoke about the drug dealers and gangs who used to congregate in and around the apartments close to the subject parcel. She said that planting bushes or trees in an area that she pointed out to the Commission would just provide cover for illegal activities. She also recommended a street in the area be relocated to make better for fire protection and for safety. She said if the City won't relocate the street, then a fence should be made taller and more hazardous. She would like to see brighter rather than softer lights. She said she has no objections to the Casey's Stores in and of themselves. She said any Planning and Zoning Commission February 21, 2013 - Formal Page 10 of 14 landscaping and fences in a certain area should not be any taller than two feet tall to prevent people using them for concealing their actions. She said she would also like to talk to someone about putting a fence in to stop the people who are causing trouble from running across the highway to get away. Freerks closed public hearing. Weitzel moved to defer to March 7th REZ13- 00005, an application submitted by Casey's General Stores, Inc. for a rezoning from Commercial Office (CO -1) zone to Community Commercial (CC -2) zone for approximately 2.31 acres of property located at the southeast corner of the intersection of Broadway Street and Highway 6. Swygard seconded. Freerks urged Pelds to talk to police about the conditions in that the subject area. Miklo said staff had talked to the police about some of these concerns, and all parties are working to come up with a plan that will meet zoning codes while maintaining a safe area. A vote was taken and the motion carried 6 -0. Rezonina Item REZ13- 00001: Discussion of an application submitted by University of Iowa for a rezoning from Institutional Public (122) zone to Public /Medium Density Multifamily (P2 /RM -20) zone for approximately 27.8 -acres of property located west of Mormon Trek Boulevard, north of Hawkeye Park Drive. Miklo said the applicant has requested that this be deferred until March 21St Freerks opened public hearing. Freerks closed public hearing. Eastham moved to defer until March 21st REZ13 -00001 an application submitted by University of Iowa for a rezoning from Institutional Public (P2) zone to Public /Medium Density Multifamily (P2 /RM -20) zone for approximately 27.8 -acres of property located west of Mormon Trek Boulevard, north of Hawkeye Park Drive. Weitzel seconded. A vote was taken and the motion carried 6 -0 Urban Renewal Plan Discussion of Proposed Camp Cardinal Urban Renewal Plan for approximately 7 acres of property located north of Melrose Ave between Camp Cardinal Road and Highway 218. Wendy Ford, Economic Development Coordinator for the City, showed the Commission where the subject property is located. She said to establish an Urban Renewal Area the City Council must first pass a resolution of necessity, which is followed by Planning and Zoning reviewing and making a recommendation to Council on whether the plan conforms to the Comprehensive Planning and Zoning Commission February 21, 2013 - Formal Page 11 of 14 Plan. She said they are also required to hold a consultation with the other taxing entities. She said this is required because an urban renewal plan enables a city to institute a Tax Increment Financing (TIF) district. She explained that there is not a project yet that would be requesting a TIF. Ford said the economic well -being goals outlined in the Comprehensive Plan that are particularly relevant are "to diversify and increase our property tax base," and because this area is zoned as Office Research Park (ORP), it would be especially well- suited for an office building, the type of which we seem to need in this community and one which could potentially be a thirty to fifty thousand square foot office building and hold several hundred employees. She pointed out that Iowa City is competing with its neighbors as well as with the region in general for businesses that are always looking for the best deal they can get. Having this type of office development area in this location would allow Iowa City to be more competitive. She said employment opportunities could increase also. She said a number of employers have very specific requirements for where they can be located and the most frequently requested areas are near Highway 218 and the interstates because much of the workforce commutes in from all directions. She said in the Comprehensive Plan it states that "we want to maintain and have areas that are suitable for future industrial and commercial development." She said this area is part of the Northwest Planning District, from which she has quoted in the report provided to the Commission in the paragraph that talks about this area in the Plan and how it is appropriate for this type of development. Ford said the objectives of the Camp Cardinal Urban Renewal Area are primarily to expand the tax base in the community, to provide opportunities for employment growth in the area and to be able to provide financial incentives if we are presented with a project that City Council would then deem to amend into the Plan in the future. She reiterated that at this point there are no projects slated for the area, and if and when there are, they would be presented for Council to consider and the Plan would have to be amended to include the project, its time frame and the amount of assistance the project would merit. Greenwood Hektoen said those Plan amendments for urban renewal area projects don't come back to Planning and Zoning but go directly to Council. Ford added there are opportunities for public involvement and input on those projects, as well. Ford says in continuing the process, after Council has adopted the resolution of necessity and the taxing consultation, Planning and Zoning reviews and recommends a public hearing, scheduled for March 5th unless the Commission decides they want more time to consider the Plan. She said the owner of this parcel is Southgate Development, and they initiated the establishment of an urban renewal area in order to improve the marketability of the lot and thus compete for business. Eastham asked if the Clear Creek Master Plan is part of the Comprehensive Plan. Miklo said it was adopted by resolution by the Council and includes a land use plan to guide development of the area. He said it also has the same policies as the Northwest District Plan. He said it may not officially be part of the Comprehensive Plan, but they treat it as such. Eastham said he noticed that it's not on the City's website in any of the components that make up the Comprehensive Plan. He asked if they had completed a plan for the Northwest Planning District. Miklo said there are policies in the larger plan itself but they have not completed a detailed district plan because of its low priority given that the bulk of the district is owned by the University or covered in the Clear Creek Master Plan. Eastham asked for clarification about the zoning on the subject parcel. Miklo said it is shown in the Comprehensive Plan as Office Research Park. He said the Clear Creek Master Plan is treated as serving as the Comprehensive Plan for this area because Planning and Zoning Commission February 21, 2013 - Formal Page 12 of 14 it was recommended for approval by the Planning and Zoning Commission and adopted by Council resolution as guidance for this area. He said it shows an area of commercial zoning along the Interstate and notes that the type of suitable commercial would be office to provide a buffer from Highway 218 to what is hoped to be a residential neighborhood in the future. Glenn Siders of Southgate Development Services said the area they are asking to be designated as Urban Renewal does have all infrastructure in place and is ready to build. Freerks asked Ford who showed up at the taxing consultation meeting earlier in the day. Ford responded that no one had. She said letters of invitation and the meeting notice were sent to Steve Murley of the school district and Andy Johnson.of the county, and this is the second time a taxing consultation meeting has been attended by no representatives of the taxing entities. Freerks asked for a recap on how quickly TIFs are paid back in our community. Ford said Iowa City's use of TIF per capita is thousands of dollars less than some of its neighbors. She said the City takes pride in ensuring that the projects it assists with TIF pay that back and more in the property taxes they generate for the City. She said the shining example is the Plaza Towers project from a few years ago that requested a construction loan up front for about six million dollars. Ford said the building was constructed, and the City paid off the six million plus another five million in interest about twelve years earlier than the amortization schedule suggested simply because the project was so successful and the taxes coming in were higher than estimated. She said the City has not taken one extra dollar above the amount needed for the projects themselves. Eastham asked if Plaza Towers is assessed by value or income. Ford said the assessors use a combination of value and income and comparable sales or sales of units that have happened within the building. Eastham said Ford had categorized the project as very successful so property taxes were paid more quickly than the original schedule, so what was the basis for the valuation that made advanced payment possible. Ford suggested the preliminary estimates of the value of the building were low and when the building was finished and units began to sell for more than expected, assessments went up, which contributed to a greater increment than expected and allowed the City to pay off the bond sooner. Eastham asked again how the Assessor values the building. Ford replied that she could check with Assessor on his exact method for valuing Plaza Towers. Weitzel moved that the Commission forward a written recommendation to City Council stating that the Camp Cardinal Urban Renewal Plan conforms to the Iowa City Comprehensive Plan, the general plan for the city as a whole. Swygard seconded. Eastham said the Comprehensive Plan could be interpreted as being in support of establishing an Urban Renewal Area. He said you could also say that the Comprehensive Plan really has not matured to the point where it can support such an area because there's no designation in this area of land uses right now. Miklo said there is a land use map in the Comprehensive Plan that shows this as Office Research Park. Eastham said he understands that, but they haven't done a more detailed district plan. He said he thinks it's not untoward to wonder whether this is a bit premature. Freerks said she wouldn't think we would need a District Plan for each area before we would allow something to happen there, so for her, that wouldn't be a deterrent. She said she thinks there was a lot of thought and work put into the Camp Cardinal Master Plan and that she thinks Planning and Zoning Commission February 21, 2013 - Formal Page 13 of 14 it is supported by the Comprehensive Plan under economic development. She said she's not always a huge TIF fan, but she does think it has its place and Iowa City is careful in how it uses TIF, and she would support this particular instance. A vote was taken and the motion carried 6 -0. Consideration of Meetinq Minutes: February 4 and February 7, 2013 Dyer moved to adopt. Weitzel seconded. A vote was taken and the motion carried 6 -0. ADJOURNMENT: Weitzel moved to adjourn. Swygard seconded. The meeting was adjourned on a 6 -0 vote. x m ' -MOX n u u u Z 0'0*CD mc cn CD m�� 3 9 CDW ,CD a m=NDXD -<D m0NDmMmD NEo�m 0 m m"imm CO) m ic m N7Do?N3D =xm N > 3ZCMZDO `vim =O =ymZ zcW Z D-< Dm rz z m 0000000x m -1 cncncncncnmcnMm cn cn cn cn cn cn � m wcncn�wmmM N X X X X x X X cn W xxx XXx;a N V X x x ; xxx� N xxxxxxxo -4 ° xxxxxxx , mmxxxxm i mxxxxxx -L i mxmxxxXo V mxxxxxx� mxxxxxxW XXXXXXXQ i mxxxmx ° xmxxxxx° -L mXXXXXm� ° XXXXXXX" XXXXXXXN ° xxxxxxx" w XxmxxxX� CA XXXmXXXN y xXxxxxm w XXXXXXxW XXXXXXX D z D z z m z Qo c v N D N n z ° m Z n o 3 v CO) CA 0 z m0NDmMmD NEo�m mDDz =xm N > �N�Y 3 `vim =O =ymZ zcW Z D-< Dm z m 0000000x-i cn cn cn cn cn cn cn � m wcncn�wrnrnm� X X X X X X X cn V xxxxxxx° mxXXXXXN xXxxxxx -4 ° 0 , mxmxxxmN mxxxxxx ° - i i mxxxxxx� XXXXXXXQ i xmxxxxx° ° XXXXXXX" ° xxxxxxx" CA XXXmXXXN w XXXXXXxW XxxXXxX� V XXXXXXXv XmXXXXX �—j D z D z z m z Qo c v N D N n z ° m Z n o 3 v CO) CA 0 z 'r 03-1 9- � CITY OF IOWA CITY 2b(12) MEMORANDUM Date: March 7, 2013 To: Mayor and City Council From: Staff Member of Police Citizens Review Board Re: Recommendation from Police Citizens Review Board At their February 6, 2013 meeting the Police Citizens Review Board made the following recommendation to the City Council: Accept PCRB Report on Complaint #12 -05 Additional action (check one) _ X No further action needed Board or Commission is requesting Council direction Agenda item will be prepared by staff for Council action S:RECform.doc FINAL/APPROVED POLICE CITIZENS REVIEW BOARD MINUTES — February 6, 2013 CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 5:31 P.M. MEMBERS PRESENT: Kingsley Botchway (5:36), Melissa Jensen, Donald King, and Royceann Porter MEMBERS ABSENT: None STAFF PRESENT: Staff Catherine Pugh and Kellie Tuttle STAFF ABSENT: None OTHERS PRESENT: Captain Jim Steffen of the ICPD. RECOMMENDATIONS TO COUNCIL Accept PCRB Report on Complaint #12 -05 CONSENT CALENDAR Motion by King and seconded by Jensen to adopt the consent calendar as presented or amended. 0 Minutes of the meeting on 01/08/13 Motion carried, 4/0, Botchway absent. NEW BUSINESS Community Forum — The Board discussed the next Community Forum. It was agreed that the Board thought the Library worked out well last year, was a neutral place, centrally located, and easily accessible being on the bus route. They also discussed dates and agreed to April 23rd in hopes that the Diversity Committee recommendations would be finalized and that the UI students would still be around to attend. Moved by King, seconded by Jensen to hold the next Community Forum at the Iowa City Public Library on April 23rd. Motion carried, 5/0. The Board discussed start times and agreed to 6:00 PM due to the bus routes being less frequent after 6:00. Motion by Jensen, seconded by Porter to set the time of the Community Forum to 6:00 PM. Motion carried, 5/0. OLD BUSINESS Additional Board Recommendations — The Board had previously put this item on the agenda to discuss the option of requesting audio /video if available with each Chief's report regarding a complaint. After discussion and questions directed to Captain Steffens about the time involved in preparing audio /video for the Board, it was decided that they would continue as they have in the past and only request audio /video if they felt they needed more information than what was provided. PCRB February 6, 2013 Page 2 BOARD INFORMATION None. STAFF INFORMATION None. PUBLIC DISCUSSION None. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • March 6, 2013, 5:30 PM, Helling Conference Rm • April 9, 2013, 5:30 PM, Helling Conference Rm • April 23, 2013, 6:00 PM, Iowa City Public Library, Rm A (Community Forum) • May 14, 2013, 5:30 PM, Helling Conference Rm Jensen and Treloar not present for executive session due to conflict of interest. King continued the meeting as temporary Chair. EXECUTIVE SESSION Motion by King and seconded by Porter to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 3/0, Jensen and Treloar abstaining. Open session adjourned at 5:58 P.M. REGULAR SESSION Returned to open session at 6:00 P.M. Motion by Porter, seconded by Botchway to forward the Public Report as amended for PCRB Complaint #12 -05 to City Council. Motion carried, 3/0, Jensen and Treloar absent. ADJOURNMENT Motion for adjournment by Porter, seconded by Botchway. Motion carried, 3/0, Jensen and Treloar absent. Meeting adjourned at 6:01 P.M. A � | 7 J O k eD 7 § § ft m rD n A Ll � ■. 0 » 'D � O � �R m � � q � J � � � 2 U q C g � ¢ O % # © a ° ■ s © = � IQ q § 0-0 ■ � ƒ 2 k | x x x x § | | k x x k b | | * * x x $ 10, . � 9 | k x A k $ 2 2 . 2 | x o $ x x § 0 � 00 | x o \ x x $ Ll � ■. 0 » 'D � O � �R m � � q � J � � � 2 U q C g � ¢ O % POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240 -1826 (319) 356 -5041 February 6, 2013 To: City Council Complainant City Manager - 31 Sam Hargadine, Chief of Police Officer(s) involved in complaint -- From: Police Citizen's Review Board Re: Investigation of PCRB Complaint #12 -05 This is the Report of the Police Citizens Review Board's (the "Board ") review of the investigation of Complaint PCRB #12 -05 (the "Complaint "). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8 -8 -713 (2), the Board's job is to review the Police Chiefs Report ( "Report ") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chiefs professional expertise ", Section 8 -8 -7 B (2). While the City Code directs the Board to make "Findings of Fact ", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence', are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice, or any Federal, State or local law ", Section 8 -8 -7 B (2) a, b, c. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on August 31, 2012. As required by Section 8- 8-5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was filed with the City Clerk on November 30, 2012. The Board voted to review the Chiefs Report in accordance with Section 8 -8 -7 (13)(1)(a), On the record with no additional investigation. The Board met to consider the Report on December 18, 2012 and February 6, 2013. FINDINGS OF FACT Beginning on August 24, 2012, the complainant alleges he has been the victim of harassment by Officer B. The complainant cites numerous incidents stemming from the first incident occurring on August 24th where Officer B and other officers continued their harassment over the course of a couple of days until the events culminated in his arrest on September 6, 2012. On August 31, 2012, the complainant filed a PCRB complaint with the City Clerk's Office. While the complaint cites numerous incidents, many incidents mentioned lack evidence regarding date, time and location of incidents hindering further investigation. Other claims have been refuted by witness statements and other evidence. ALLEGATION #1 — Harrassment of complaintant by Officer B on the Hwy 6 Iowa River Bridge. There is no evidence of the complainant was harassed by Officer B on the Hwy 6 Iowa River bridge. Complainant claims Officer B approached him and told him that he could not to walk "outside the bridge." However, investigation of the on duty rosters during the time frame of the complainant's alleged harassment doesn't show Officer B working any shifts that night. Allegation 1: Not sustained ALLEGATION #2 — Harassment of complainant by Officer B at the Iowa City Public Library. There is no evidence to suggest improper conduct on the part of Officer B at the Iowa City Public Library. Investigation determined that Officer B was acting in accordance with a prior warning issued due to an assault committed by the complainant. :tea r.� Allegation 2: Not sustained => `U ALLEGATION #3 — Officers threatened complainant in the Ped Mall -` Complainant was unable to provide information to corroborate his claim in order -to assist with -- further investigation. Complainant was unable to identify any specific officer whb threatened -,_ him. Complainant was also unable to give concrete information on what women the c- ff,.�cers were referring to when they threatened to lock up any woman that befriends him. Allegation 3: Not sustained ALLEGATION #4 — Officers call every place he applies for a job and tells them not to hire him. There is no evidence of the officers calling businesses he specified and telling them not to hire the complainant. The managers, from each of the specified businesses, were interviewed and all three denied every speaking with police about complainant or that police told them not to hire complainant in some indirect way. Allegation 4: Not sustained ALLEGATION #5 — Harassment of complainant by officers at the Robert E. Lee Recreation Center. There is no evidence to suggest improper conduct on the part of officers at the Robert E. Lee Recreation Center. Allegation 5: Not sustained ALLEGATION #6 — Officer B filed the simple assault charge in retaliation for complainant filing a PCRB complaint. Based on the timeline, the warrant for the assault was completed five days before Officer B was notified of the complaint against him. Allegation 6: Not sustained COMMENTS None ,µms _