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HomeMy WebLinkAbout2013-06-20 Info PacketCITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY www.icgov.org June 20, 2013 IP1 Council Tentative Meeting Schedule MISCELLANEOUS IP2 Article from City Manager: Youth Intervention IP3 Article from City Manager: Badges for Baseball program pairs officers, youth in physical activities I134 Email form Asst. to the City Manager to UISG Liaison: Fraternal Living IP5 Memo from City Clerk: KXIC Radio Show IP6 Memo from Asst. Transportation Planner to Executive Dir. of MPOJC: North Dodge Street / Interstate 80 Pedestrian Bridge Observations IP7 Economic Development Committee Preliminary Minutes —June 11 I138 Joint Meeting Minutes (City Councils of Coralville, Iowa City, North Liberty, other Johnson County Municipalities; Iowa City Community School District; Johnson County Board of Supervisors) DRAFT MINUTES I139 Planning and Zoning Commission: June 6 (formal) I1210 Telecommunications Commission: June 3 r CITY of IOWA CITY Date Tuesday, July16, 2013 Tuesday, July 23, 2013 City Council Tentative Meeting Schedule �P1 Subject to change June 20, 2013 Time Meeting Location i'llllm�ljt Igl6,�'ll� m�lli,llll� �IG� I�,' #i�II�'ldlitl� x, 4:00 PM Spec. Formal /Exec. Session /Evaluation Emma J. Harvat Hall 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting 7:00 PM Special Formal Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting �l K� a 'Ei1'' Monday, July 29, 2013 4:30 PM Joint Meeting /Work Session North Liberty ,� 1,11 11 �19hh1) � '1g31'"i 1'II d,l� IUiGI11 "Ili11�111^ Tuesday, August 6, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall K� a .1^ ,��' r ,ly�,�i,x Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall Tuesday, August 20, 2013 ! 'i' ��0 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall gIIII rn,t, J 401,1 n'1 iIl91�II 5 Ili mlu,l E'oaI'Igi') 1! r 1' 1 �r .. ,d �i'���1 i ��I 4 ry i, -,- �1aa 3^�k �'�6F: Tuesday, September 3, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall 4, d y ' r rll Ilia it 6;l Ii Ili i' III" ilIl l �''. (�� �,'v ",r`pld,di,u (io ! 'i' ��0 41 �) �, , k'1'�i'l�i ' I' �P Maq �� ��lil '6�l l a N -' 4i1��q 11�I V II Tuesday, September 17, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall 3 I, =k. �� , Il li ,�,1 , �i1 �I � � � ��� . , ' ' 11 ill) ( d o) l - �m 1, r , Tuesday, October 1, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall i Tuesday, October 15, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall a ^ �INri ra, jH 1 , 011,lti -'J �Isk Tuesday, November 12, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Special Formal Meeting Emma J. Harvat Hall fir g, lel r t 1 m, (I m (i 1 1 Tuesday, November 26, 2013 Noon -6PM Strategic Planning TBA 1 I l I;'I" 1 ,' ,' + IM vrn v ` d i h�, If I( �6, 1I "Up `++ ln Tuesday, December 3, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall I; 1, I'M''''' 'I9�"; Tuesday, December 17, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall The School Resource Officer (SRO) Program completed its 15th year in cooperation with the Unit 5 School District. Police Officers assigned full -time to the high schools and junior high schools provide support to school administrators and staff as well as maintain a police presence inside the schools. The three officers assigned as SROs assist school staff with law enforcement related issues and conduct classroom presentations on various law related topics. They work with school administrators to investigate potential criminal activity and with the department's Youth Intervention Specialist to offer services to juveniles and their families who may benefit from or are in need of services. The SROs strive to make the Unit 5 Schools safe and work with administration on developing and practicing Der. chleslspeaks with a class about the Fourth Amendment at Ncwns crisis plans and lock down procedures. The School Resource Officers have received high praise from the school district for their contributions and efforts in keeping the schools safe and secure. The Normal Police Department Youth Intervention Program began in August 2008. It was designed to provide services to youth who are at risk of becoming involved with law enforcement or the Juvenile Court System. The program was created to promote youth accountability for delinquent behavior and reduce the likelihood of juvenile delinquency. By obtaining needed services for youth and holding youth accountable for their behavior, the YIP strives to assist youth in becoming law- abiding citizens with a promising future. The YIP goals are to address delinquent behaviors, refer to appropriate services, and provide support to youth and families. Overall, the goal is to eliminate future criminal behavior. The Youth Intervention Specialist screens referred youth, assess appropriate cases, offers service referrals, and provides continual support to at -risk youth and families. Services are free to all who choose to participate in the program and are available to those who reside in the Town of Normal or attend a Unit 5 school. 500 400 300 200 100 Y.I. Program 4 -Year Comparison 2009 2010 2011 2012 ■Referrals ■Assessments ■Participants 2012 Annual Report I Normal Police Department Since June of 2009, youth who receive an ordinance violation may be offered an alternative with the program, in lieu of the fine. Also, the Youth Intervention Specialist offers Adolescent therapy/ education groups to students attending a Unit 5 Junior High. School, and currently co- facilitates these groups at Chiddix and Kingsley Junior High Schools. The Youth Intervention Specialist is currently working to expand these groups to Parkside Junior High, as well as the area high schools in the future. Between January 1, 2012 and December 31, 2012, 258 youth were referred and 94 agreed to complete an assessment. There were a total of 141 participants in 2012 (some youth began in 2010), and 76 successful completions. 6114/13 Badges for Baseball program pairs officers, youth in physical activities I Iowa City Press Citizen I press - citizen.com From the City Manager Badges for Baseball program pairs officers, youth in physical activities Written by Aly Brown lows City Press - Citizen =citizen.com press - Jun. 13, 2013 10:00 PMI The Iowa City Police Department is teaming up with the Children of Promise mentoring program to offer a free Youth Leadership Program for at -risk youth this summer. Badges for Baseball, the signature program of the Cal Ripken Sr. Foundation, pairs officers and youth in a team sports environment to soften what can be a tense relationship. Carrie Ann Good, a Children of Promise Iowa City program coordinator, said she saw a need for a bridge between children who are at -risk for committing a crime and the police department. "The biggest reason is that we see a need for the police to have what is called a 'soft touch' in the community," Good said. "Doing something that has an encouraging light, rather than a negative light." Thirty -six kids ranging in age from 11 to 18 were nominated by local social service providers at centers such as the Broadway Neighborhood Center and United Action for Youth, school counselors or caring adults outside of their families. The participants met certain risk factors to be eligible for the program, including the need for free and reduced -price lunches at school. Other risk factors for committing crime include having divorced or incarcerated parents, spending unsupervised time at home or low attendance in school. Scott Meyer, a Children of Promise Youth Leadership Program coordinator, said Badges for Baseball is intended to reach children before they commit a crime, rather than rehabilitating children afterward. "This program is intended to start and set a good baseline for these youth," Meyer said. "If we can encourage and teach them as youth to avoid even minor crimes now, as they get older, they will hopefully avoid more serious crimes." According to a study by the Cal Ripken Sr. Foundation, participants lived a healthier lifestyle and worked harder after completing the program. The majority of parents, mentors and law enforcement officers also reported that youth participants were more comfortable interacting with officers. The Youth Leadership Program is adopting the Badges for Baseball "Healthy Choices, Healthy Children" curriculum, which incorporates team building, physical activities and personal enrichment. Actual baseball is not part of the local program because Children of Promise does not have access to baseball facilities. Instead, the organization has developed its own curriculum of physical activities including rocket launching, outdoor Olympics and camping. The program also ~. press- citizen.corrVarti cW20130614/N EWS01 /306060044 /Badg es- for - Baseball -prog rarrrpairs- officers - youth -in- physical - activities 1/2 6114/13 Badges for Baseball program pairs officers, youth in physical activities I Iowa City Press Citizen I press- citizen.com will tour the Iowa City Police Department at the end of the summer. Good said each week will feature a different theme for activities, including science, perspective — which features field trips to Shelter House and the African American Museum of Iowa — nature, teamwork and fun, where children will visit a water park and the beach. Children will be given a free lunch and transportation to and from the program. Meyer said he hopes that when the kids see the police officers having fun, theywill better understand the role police play in the community. "It's really important for our kids to get a concept of the police officers in the town as people," Meyer said. "To see they are working to make things safer for them and as a really positive force." Meyer said he hopes the officers' perceptions of at -risk youth will change as well. "We want the officers to meet the kids and see where they are coming from," he said. "We hope by the end of the program, they will see each other walking down the street and say, `Hey, I know that guy. "' Jorey Bailey, the Iowa City Police Department's Crime Prevention officer, said he hopes that youth will see officers as people and police work as their job. "It gives us the opportunityto interact with youth inthe Iowa City area on different terms," Bailey said. "It's a chance for us to interact with youth as their peers and mentors, rather than as law enforcement." Bailey said he thinks Badges for Baseball will encourage communication across generations and give officers a better understanding of teenagers today. "This program is preventative in nature and it opens communication," Bailey said. "We hope that youth will see us as a resource, as somebody they can turn to if they need help or advice." www. press- citizen.corryarticle/20130614 /N EWS01/306060044 /Badges - for - Basebal l -prog ram - pairs- officers - youth -in- physical- activities 212 Marian Karr 1P4 From: Geoff Fruin Sent: Tuesday, June 18, 2013 9:11 AM To: Tom Markus Cc: Marian Karr Subject: RE: Fraternal Living From: Bramel, Alec W [mailto:alec- bramel @uiowa.edu] Sent: Tuesday, June 18, 2013 8:28 AM To. Geoff Fruin Subject: RE: Fraternal Living Geoff Excellent I really appreciate your help in this. I look forward to what the City decides to put forward. Until then I will inform the Council of our work tonight. Thank you. -Alec From: Geoff Fruin [Geoff -Fruin @iowa - city.org] Sent: Thursday, June 13, 2013 4:19 PM To: Bramel, Alec W Cc: Bob Miklo; Karen Howard Subject: Fraternal Living Alec, Thank you for taking the time to meet with us this morning. Here is our understanding of today's discussion. Based on our review of existing properties we have found that of the 25 existing Fraternity and Sorority buildings: • 14 were considered non - conforming under the previous code (no impact) • 4 conform to the code under both the old and new changes (no impact) • 3 were made non - conforming by the recent code changes (impacted — previously could have added a few rooms) • 4 status is unknown due to incomplete property information We need to cross reference our address list with the one you supplied today. It appears we may not be accounting for one property in the above totals. The City's Planning Department staff is currently reviewing code changes that will allow for increased densities for fraternal group living in the PRM and RM44 zoning classifications. They are determining if the increased densities will match the previous standards or some other per square foot number that will need to be justified through their research. The City feels we can increase density standards in these two zones for fraternal group living. We expect to forward our recommendation to the Planning and Zoning Commission in conjunction with our'private dormitory' provision that is being drafted. This is expected in the fall of 2013. If there is a specific fraternal living project that arises before that time then we can look to expedite action on a code change. Similarly, staff is working on a new form -based code for the Riverfront Crossings Area. It is expected that this new code will allow for greater density opportunities for a variety of uses including fraternal group living. This change is expected to be proposed in the summer or fall of 2013. The end result will be a proposal that increases density opportunities for fraternal living in the RM44, PRM and within the Riverfront Crossings Area. We will keep you informed of our progress and welcome any additional feedback. Geoff Fruin Assistant to the City Manager City of Iowa City, Iowa CITY OF IOWA CITY IP5 MEMORANDUM Date: June 19, 2013 To: Mayor and City Council +, From: Marian K. Karr, City Clerk Re: KXIC Radio Show At your June 18 work session meeting Council Members agreed to the following schedule: June 19 - Dickens June 26 - Hayek July 3 - Champion July 10 - Dobyns July 17 - Mims July 24 - Dickens Future commitments: August 14 - Dobyns September 18 - Dobyns November 27 - Dobyns U:radioshowappts.doc I P6 j Metropolitan planning CWSv mtion of }ohnwn County Date: June 12, 2013 To: John Yapp, Executive Director coip From: Kristopher Ackerson, Assistant Transportation Planner Re: North Dodge Street/Interstate 80 Pedestrian Bridge Observations Per a request by a member of the City Council of Iowa City, staff conducted observations at the new pedestrian bridge over Interstate 80 at North Dodge Street. This memorandum provides a summary of our observations. Background The pedestrian bridge over Interstate 80 was funded by a federal appropriation and included enough funds to construct this bridge and partially fund a similar structure at Dubuque Street /1- 80. The construction of the bridge immediately preceded the installation of traffic signal for the on- and off - ramps; both projects were managed by the Iowa DOT District 6 office. Observations Staff conducted observations during morning and afternoon rush hour traffic — not on the same day — to determine the number of pedestrians and cyclists using the bridge. During the morning observation, one pedestrian and eight cyclists used the bridge. In the evening rush hour (4:45 - 5:45p), one pedestrian and five cyclists used the bridge. This intersection has pedestrian activated crosswalk signals via pushbutton, as well as red truncated dome pads on each end of the crosswalk for visually impaired people to feel through their shoes when the crosswalk begins and ends. One potential issue at this crosswalk is the possibility for collisions between pedestrians /cyclists and vehicles making a right- turn -on -red. However, to date there have not been any reported collisions with people in the crosswalk. More broadly, the number of vehicle - vehicle collisions has decreased substantially since the intersection was signalized — the traffic circulation is more predictable now, which likely helps motorists, bicyclists, and pedestrians alike. SAJCCOG \TRANS \Bike and Ped Planning \Projects \Collisions \Dodge collision potential and counts.doc Conclusion While we do not have counts from the location prior to the bridge opening, it's likely the number of people walking and bicycling across Interstate 80 has increased because of the pedestrian bridge. We will continue to monitor this location as use increases and issues arise. If there is interest, we would be happy to include the site in our annual trail count list. If there are questions about this topic, I am available any time after July 1 at 356 -5247 or Kristopher- Ackerson(a)lowa -City. ora. EDC June 11, 2013 1 06-20-1 PRELIMINARY 1P7 MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE JUNE 11, 2013 CITY MANAGER'S CONFERENCE ROOM, CITY HALL, 8:00 A.M. Members Present: Susan Mims, Michelle Payne, Matt Hayek Staff Present: Wendy Ford, Tracy Hightshoe, Jeff Davidson, Tom Markus Others Present: Andre Perry (Englert); Bill Thomason (Englert); Polly Morris (Englert) RECOMMENDATIONS TO COUNCIL: Payne moved to defer the Englert funding request addition until budget considerations. Hayek seconded the motion. Motion carried 3 -0. Hayek moved to recommend to the full City Council the recommendation of Amendment #1 to Moss Green Urban Village Urban Renewal Area. Payne seconded the motion. Motion carried 3 -0. CALL MEETING TO ORDER: The meeting was called to order by Chairperson Mims at 8:05 A.M. WELCOME AND INTRODUCTIONS: Chairperson Mims welcomed everyone and asked those present to introduce themselves for the minutes. CONSIDER APPROVAL OF MINUTES: Mims asked if there were any comments, changes, etc., to the April 17, 2013, minutes. Payne moved to approve minutes from the April 17, 2013, meeting as submitted. Hayek seconded the motion. Motion carried 3 -0. CONSIDER A RECOMMENDATION TO THE CITY COUNCIL FOR CONTINUED ENGLERT FUNDING IN FY15 BUDGET AND INTENT TO FUND IN FY16 AND 17: Wendy Ford introduced the topic noting that Members have a memo from her and an annual report from Englert staff in their meeting packets. She noted Andre Perry, Executive Director of the Englert Theater, is present to review his report with the committee. Ford began by giving some history of the relationship between the City and Englert, noting that in 2008 the Englert came to the City and requested operational funding. At that time, the Economic Development Committee approved a three -year EDC June 11, 2013 2 PRELIMINARY funding of $50,000 per year. With that, the Englert would be required to present an annual report on agreed upon metrics prior to each funding disbursement. Ford continued, noting that with this year's report and request for Fiscal Year 2015 budget considerations, the Englert is requesting an increase in funding from $50,000 to $70,000. In a brief overview, she noted that the Englert has done well over the past five years. One of the biggest successes is a 25% increase in the size of their operation. They are now operating with more than a $1 million budget and have not had a deficit in two years. Fundraising, friend raising, and donations have all grown under Perry's leadership, according to Ford. The increased amount that the Englert is requesting will go towards several things, but chiefly, on -going capital improvements. The age of the Englert presents challenges as there are on -going capital expenses in any building, especially, a building this old. The Englert has also added summer programming. Although this has added additional expenses, these summer programs have proven to be financially successful for the Englert. Ford noted that this is a primary driver in the Englert's operational growth. Perry addressed the Members and reviewed the Englert's annual report. He stated that the Englert continues along the path to financial stability. This past year was the Englert's 100th year of operation, and he believes the Englert will continue to grow as an institution in downtown Iowa City. Perry then asked Bill Thomason to review the Englert's financial standing. Thomason stated that they expect this to be the third year in a row of profitability, as they look at a 31 % increase in top -line growth. Along with this growth, however, comes an increase in costs. Perry pointed out recent attendance numbers, and noted that in 2009 there were about 30,000 attending Englert programs. This number reached 53,000 in 2012. Attendance is projected to reach the 60,000 mark in the near future. Most of these attendees live in Johnson County. There are several venues that will be competing for business, including the University's new performing arts buildings coming back online and Cedar Rapids' U. S. Cellular Center and the Paramount Theater. Speaking more directly about reasons behind the need for a funding increase, Thomason noted that capital expenditures can be very expensive, especially items such as an HVAC system, now nearing the end of its customary lifespan. The Englert's marquee is another capital expenditure needing special attention and will also be an expensive project. To find ways to increase revenue in order to cover such expenses, the Englert added a summer season last year and continues it this year. In 2010 and 2011, the summer events brought in approximately 1,000 people. In 2012 this number jumped to 5,638 people coming for summer programs. The discussion continued, with Perry noting that they continue to provide deep discounts to non - profits using the theater to host their own fundraisers. He shared several of the events held at the Englert, noting the partnerships they have been forging within the community. Another strength for the Englert is their staff. It was noted that currently they have a very strong team in place, one that works well together. Keeping this type of smart, innovative talent will be key to the Englert's success. Mims thanked Perry and Thomason for their presentation, adding that the improvements in attendance are tremendous. Mims asked about the length of the Englert's mortgage. EDC June 11, 2013 3 PRELIMINARY Perry noted it is a 25 -year mortgage with a current balance of $359,000. A second piece of their debt is a five -year note with the credit union with an existing balance of $98,000. Mims stated that this is a challenging time for the Council as it looks at its upcoming budget and the looming changes from State property tax reform. She added that if these things were not hanging out there, she would be behind this request all the way. However, with the timing of the request and the uncertainty of the future budget, she does not believe that they can recommend this request to the Council at this time. Mims stated that she certainly does support the Englert, but until the Council has time to prioritize its goals in light of the budget cuts, she does not see a way to recommend an increase. Hayek said he echoes Mims' sentiments. He did note that the request is for a placeholder for the amount, which would be reviewed, and could be altered in the budget preparation process. Markus added that the money they work with for such requests does come from property tax revenues. Payne stated that she agrees with the other Members, that this is a great investment for the City to make, but that until they have time to review the new budget projections, approving an increase should wait. All of the Members noted that they are very supportive of the Englert Theater, but they cannot recommend an increase funding yet. Ford clarified the timing, noting that $50,000 was approved in the FY14 budget, and, at this time last year, Council approved their intent to fund $50,000 for both FY15 and FY16. Mims asked other Members if they were comfortable deferring this recommendation to the full Council at this time. Markus stated that his advice is to wait until they have time to review the budget documents. Members continued to discuss how to handle this request in light of budgetary restrictions. Markus pointed out how the theater attendance does affect other businesses downtown. He added the suggestion that if they do grant the additional $20,000 to the Englert that they require that it be used for something specific — such as for capital expenditures. Mims noted that the Englert now has a full -time development person. She asked what the Englert's plans are in this area and how they plan to build their donor base. Hayek noted that he would definitely support funding at the $60,000 to $70,000 level for the Englert. He believes the case has been made that there are direct benefits to the City of Iowa City in providing this support. However, due to the difficult situation they find themselves in currently, as well as some of the "hot button" topics they face right now, he believes they need to revisit this once they have a clearer picture of the budget. Payne agreed, adding that they also need to look at the fact that having a vibrant Englert means having a vibrant downtown. She too, believes they need to revisit this request once they have a better idea of the upcoming budget. Mims agreed, as well, noting that with Bockenstedt's recent report, it is obvious that the City will see plummeting revenues from property taxes, which is where they draw funding for such requests. She would be supportive of the $70,000 request; however, until they know what these changes with State legislature mean, they just cannot approve such an increase. Payne moved to defer the Englert funding request addition until budget considerations. Hayek seconded the motion. EDC June 11, 2013 4 PRELIMINARY Motion carried 3 -0. CONSIDER A RECOMMENDATION TO THE CITY COUNCIL FOR AMENDMENT #1 TO MOSS GREEN URBAN VILLAGE URBAN RENEWAL AREA: Ford noted that the State now requires that any project taking place within an urban renewal area that may request or require public financing must be amended into the urban renewal plan. This Resolution of Necessity will start the legislative process to allow new projects to happen within the Moss Green Urban Village urban renewal area. She added that this area is now also referred to as the Moss Ridge urban renewal area. The amendment to the plan allows for a development agreement for the construction of Moss Ridge Road from Highway 1 into the development. The road requires that the City purchase a small piece of Pearson's property over which a portion of the road will be constructed. The road will then allow future office park development to occur for which there may also be development agreements for Council's future consideration. Hayek moved to recommend to the full City Council the recommendation of Amendment #1 to Moss Green Urban Village Urban Renewal Area. Payne seconded the motion. Motion carried 3 -0. STAFF TIME: Davidson shared with Members some update information. He stated that he has recently heard from developers of some of the larger projects in the area that their pre - sale leases and sales are going very well. Park at 201 is currently about three quarters leased or sold out in residential units, as is the SoDo project. Both of these projects are considered to be non - student housing, according to Davidson. The project south of Burlington Street, by the railroad tracks, has been delayed until possibly July. Davidson also noted an increased interest in the old St. Pat's school site. He stated that they are looking at putting something together to present to the Council. Another item that Davidson shared is the University's hope to put out an RFP after the July Regent's meeting for a new art museum. This facility would be off campus, and is hoped to be a public /private partnership. Ford then spoke to Members, stating that they have had two recent requests from a local companies seeking public assistance. One company currently has five employees and plans to grow to 80, but is short on working capital to fund the growth. They currently lease property and choose not to put their business resources funds into a building, but rather into funding their growth. She noted that typically the City considers requests for funding based on a company's ability to add to the property tax base. However, staff would like a policy to aid in the consideration of funding for businesses that do not own their property. Staff believes that having a policy in place could benefit smaller start-up companies that chose not to own property, but may still worthy of City assistance. Funding of this sort would help them to continue to grow within the community and could help ensure that they remain in Iowa City. Davidson added that this is a very competitive area in the community, that neighboring municipalities do offer such programs to businesses. Markus noted how tricky this type of funding can be, adding that the difference between leasing and owning for a business is the difference in EDC June 11, 2013 5 PRELIMINARY commitment to a community. He further clarified his view on this issue, giving Members some incentivizing examples. COMMITTEE TIME: Payne asked about the local option sales tax, and whether, if renewed, funds could be used for economic development. Markus stated that he would have to verify, but believes they can dedicate it to whatever use they want. This led to a brief discussion that property tax relief, as opposed to economic development, would be the most palatable use of a local option sales tax. OTHER BUSINESS: None. ADJOURNMENT: Payne moved to adjourn the meeting at 9:05 A.M. Hayek seconded the motion. Motion carried 3 -0. EDC June 11, 2013 6 PRELIMINARY Council Economic Development Committee ATTENDANCE RECORD 2012-2013 Key: X = Present O = Absent O/E = Absent/Excused TERM o 0 0 NAME EXP. N \ � N -4 -� Michelle 01/02/14 X X X Payne Matt 01/02/14 X O X Hayek /E Susan 01102/14 X X X Mims Key: X = Present O = Absent O/E = Absent/Excused MINUTES OF THE JOINT MEETING OF THE CITIES OF CORALVILLE, IOWA CITY, NORTH LIBERTY, OTHER JOHNSON COUNTY MUNICIPALITIES, IOWA CITY COMMUNITY SCHOOL DISTRICT, AND JOHNSON COUNTY BOARD OF SUPERVISORS APRIL 29, 2013 TABLE OF CONTENTS Page Welcome and Introductions ................................................................................ ..............................1 School District Diversity Policy (School District) ............................................. ..............................1 School District Facilities Master Plan (School District) .................................... ..............................2 2009 MPOJC Affordable Housing Subcommittee Recommendations (Johnson County) ...............3 Justice Center (Johnson County) ........................................................................ ..............................4 Road and Community Projects for 2013 -2014 (All) .......................................... ..............................7 LegislativeUpdates (All) .................................................................................. .............................12 FutureMeeting Items ( All) ................................................................................ .............................13 Dateand Time of Next Meeting ........................................................................ .............................13 Chairperson Rettig called the Joint Meeting to order in the Johnson County Health and Human Services Building at 4:30 p.m. Members present were: Coralville City Council Members Jill Dodds and Mayor Jim Fausett; Iowa City City Council Members Rick Dobyns, Michelle Payne, Jim Throgmorton, Mayor Matt Hayek, and Mayor Pro Tern Susan Mims; Iowa City Community School District Board of Education Members Jeff McGinness and President Marla Swesey; Johnson County Supervisors John Etheredge, Pat Harney, Terrence Neuzil, Janelle Rettig, and Rod Sullivan; Lone Tree City Council Member Kice Brown, University Heights Mayor Louise From, North Liberty Mayor Tom Salm; and Tiffin City Administrator Michon Jackson. WELCOME AND INTRODUCTIONS Meeting participants introduced themselves per the above members present paragraph and additional participants and attendees introduced themselves as follows: Johnson County Council of Governments Transportation Planner Jeff Davidson, MPOJC Executive Director and Transportation Planner John Yapp: City of Iowa City: Public Works Director Rick Fosse, City Manager Tom Markus, City Attorney Eleanor Dilkes, and City Clerk Marian Karr; Iowa City Community School District: Superintendent Stephen Murley and Chief Human Resource Officer Dr. R Chace Ramey, Reverend Bob Welsh, Iowa City Press - Citizen Reporter Adam Sullivan, North Liberty Leader Reporter Chris Umscheid, Daily Iowan Reporter Stacey Murray, The Gazette Reporter Greg Hennigan, City Channel 4 Government Programmer Jerry Nixon, Johnson County: Board of Supervisors Executive Assistant Andy Johnson, Grants and Communications Specialist Michele Miller, and Deputy Auditor Nancy Tomkovicz. SCHOOL DISTRICT DIVERSITY POLICY (SCHOOL DISTRICT) Iowa City Community School District President Marla Swesey said the Iowa City Informal Minutes: April 29, 2013/ page 2 Community School District (ICCSD) has passed a diversity policy and is currently collaborating with a steering committee and a consulting firm to research what can help build diversity in ICCSD schools. Deadlines are in place for the objectives. SCHOOL DISTRICT FACILITIES MASTER PLAN (SCHOOL DISTRICT) ICCSD Board of Education Member Jeff McGinness said he is the ICCSD Facilities Master Planning Steering Committee Co- chairperson and ICCSD Board Facilities Committee Chair. ICCSD hired BLDD Architects (BLDD) to assess the schools on educational adequacy and the cost to operate, maintain, and upgrade each school. They analyzed what could be done to upgrade every classroom to a 21 st Century classroom concept. The findings of BLDD's capacity analysis are dramatically less than the current stated capacity of the buildings. The ICCSD administration team is examining the district capacity findings and plans to create its own district capacity analysis. McGinness said secondly, ICCSD would like to create a long -term plan for the district facilities. ICCSD staff wants to plan ahead, in a more efficient manner, for the building of high schools, junior highs, additions, modifications, and elementary schools. McGinness said anyone interested in ICCSD was allowed a seat on the ICCSD Facilities Master Planning Steering Committee (Planning Steering Committee). The Planning Steering Committee has met three times and the next meeting is scheduled for May 6th. The Planning Steering Committee worked with over 160 scenarios, and has cut the list in half by eliminating impractical scenarios such as closing City High School. The remaining scenarios will be pared down further and given to BLDD to complete a Quantified Learning Environment Outcomes (QLEO) Analysis. McGinness said a QLEO Analysis will help ICCSD determine the cost of each scenario over 20 years. After the QLEO Analysis is done, the Planning Steering Committee will hold three master planning sessions with community participation. By that point, the Planning Steering Committee will have fully examined three or four scenarios to present to the ICCSD Board of Education for decision - making. McGinness said ICCSD is moving forward with making decisions, pursuing land acquisitions, and implementing upgrades. The ICCSD Board of Education has given direction to the ICCSD Superintendent to pursue bids for an upgrade and addition to Penn Elementary School. Some schools are receiving air conditioning upgrades, including an alternative climate control solution to be tested at Lincoln Elementary. Swesey added the Planning Steering Committee is available to answer questions from people in the community. University Heights Mayor Louise From asked when the final scenarios are predicted to be presented to the ICCSD Board of Education. McGinness said June 4th, adding that the Planning Steering Committee will make recommendations to the ICCSD Board of Education. Rettig said growth in the North Corridor will attract more schools. Roads are a big concern for the County because of the existing 950 miles of county roads. The County Informal Minutes: April 29, 2013/ page 3 does not plan to upgrade some of those roads to the required standards for the traffic demand of a school; it does not have money to invest in city streets. The location of various schools is a big concern to the County. If a school is immediately annexed into a city, then this will not be a problem. She noted this concern also applies to Clear Creek - Amana School District, as they become more urban. 2009 MPOJC AFFORDABLE HOUSING SUBCOMMITTEE RECOMMENDATIONS (JOHNSON COUNTY) Sullivan said he is on the Planning Steering Committee and has heard much discussion about housing policy. The ICCSD Board of Education has always replied that ICCSD is not involved with housing policy but instead is involved with educational policy. Two Metropolitan Planning Organization of Johnson County ( MPOJC) studies have been done in the past eight years, with the most recent done in 2010. The minutes from the last Affordable Housing Subcommittee meeting include recommendations. The same problems exist now as in 2010, so people should review the recommendations. Iowa City Mayor Matt Hayek said he will not be weighing in on the specific recommendations. Like so many issues, affordable housing is a regional issue; solutions will only occur if there is regional participation and buyin from municipalities and the County. Sullivan said the regional setting is why it was done through the MPOJC, but is also why none of the recommendations were pursued. Rettig referred to the August 10, 2010 memo from the then JCCOG Executive Director John Yapp, and said Item A. "Establish a Consortium for federal housing funds," was the number one recommendation because the City of Iowa City (Iowa City) is a U.S. Department of Housing and Urban Development (U.S. HUD) Community Development Block Grant (CDBG) Program Entitlement Community, unlike any other entity in Johnson County. This distinction means Iowa City receives funds directly from U.S. HUD. If a CDBG consortium was created, then participating entities would be able to share the funds. However, assembling a consortium did not mathematically work when the City of Coralville (Coralville) did not want to participate, because not enough new money would come in without Coralville. The Cities of North Liberty, Lone Tree, and Tiffin have participated in low- income housing projects, so they were supportive of the idea of sharing funds in a consortium. The smaller cities were in favor, and required County support for the consortium. However, the process ended because Coralville did not have an interest. Coralville Mayor Jim Fausett said he is not aware of a change in Coralville's position on this issue. Swesey asked Fausett if Coralville officials have discussed creating a consortium since the report was done in 2010. Fausett said not that he is aware of. Neuzil said Sullivan wanted the MPOJC to again review the 2010 report because affordable housing is a question of both funding and fairness. Fausett said Coralville is currently in a year -long process of redoing its community plan. It is too early in the process to expect anything at this point. Informal Minutes: April 29, 2013/ page 4 Coralville City Council Member Jill Dodds said she would like more information on the 2010 recommendations and asked if a report exists which she could read. Yapp said yes and he can forward it to Coralville staff. North Liberty Mayor Tom Salm said North Liberty is still interested in the consortium. Lone Tree City Council Member Kice Brown said Lone Tree had to be persistent to get low - income housing. Sullivan said the ICCSD Board of Education heard affordable housing concerns from people living in each represented city in the school district, but housing is not in the purview of the school district. McGinness said from the ICCSD standpoint, there needs to be a balanced approach to growth across the district. If certain segments of the district experience growth and others do not, the result is inequitable facilities. Iowa City City Council Member Rick Dobyns talked about the ranges of the Free & Reduced Lunch (FRL) between area schools and the relationship between FRL and affordable housing. He said that absent a homogenous affordable housing policy throughout the ICCSD, difficulty could arise with FRL. This might lead to gerrymandering districts which would in turn upset parents. McGinness said the discussion should be framed around the balance between neighborhood schools and bussing. Studies show that once FRL rises above 40% in a school, then everyone's test scores are affected. ICCSD wants to maintain balance to make sure every school stays under 40 %. Across Iowa, all FRL proportions are rising. If growth is not uniform and a 5% FRL community builds a school, then those students may be bussed to a school further away to balance the FRL out. Dobyns added the ICCSD would be blamed for that, not the cities. McGinness agreed. Swesey said the ICCSD is trying to keep unbalanced situations from happening. Dobyns asked if the Planning Steering Committee expects to address the topic of boundaries. McGinness said the recommendations will relate to boundaries, but the Planning Steering Committee will not weigh in on the boundaries. The recommendations will cover matters such as whether to build a new school or build an addition on an existing school. If a new school is to be built, the ICCSD will also need to decide the best placement to keep the new school socioeconomically balanced. Hayek said this is an example of why regional collaboration is so important. ICCSD is a regional institution which serves multi jurisdictional constituents. An intersection of urban planning, land -use planning, transit, schools, and government is created by individual municipalities and the County. Swesey added ICCSD would like to be proactive rather than reactive. JUSTICE CENTER (JOHNSON COUNTY) Rettig said this meeting was intended to be held in the Courthouse, but the Informal Minutes: April 29, 2013/ page 5 Courthouse could not accommodate the press. Neuzil announced the Courthouse and the Jail tour schedules. He said 56% of the electorate voted to support the November 2012 Justice Center Bond Referendum, 4% short of a super majority. After the vote, the Board and the Criminal Justice Coordinating Committee (CJCC) spent several hours discussing the topic and in public forums. The CJCC concluded it was worthwhile to put the proposed justice center bond referendum back on the ballot with the following changes: reduced cost, reduced number of jail cells from 243 to 195, reduced number of courtrooms to four with additional courtrooms shelled, reduced amount of glass in the design and adding more masonry, and invested more County funds into the project. Neuzil said the current bond referendum is $43.5 million and the buildings' location and size have not changed. More information is available at wwwJohnson- coum.com. Sullivan said the County has been working on alternatives to incarceration since 2000, and since then, Johnson County has established more alternatives to incarceration than any other County in Iowa. The County has limited space for such programming; the facilities are maxed out on space. He said jail alternative programming will rise with more available space. Neuzil said that often people ask why the justice center bond referendum was placed on the ballot again so quickly. First, the Board wanted to keep the topic fresh in the minds of the electorate. Second, the Board wanted students to be able to participate so the election is scheduled before students leave for the summer. Third, interest rates for bonding are ideal. Finally, the price for the project is still pretty true but costs rarely go down and will maybe rise 4% to 8% per year. If the public votes no, the issue does not go away; and building new jail and court facilities will only get more expensive. McGinness said ICCSD and the University of Iowa (UI) are planning big construction projects soon. Iowa City Council Member Jim Throgmorton asked if the Board has considered convening a countywide entity to identify causes and incidences of Disproportionate Minority Contact (DMC) with regard to arrest rates by the various policing entities within the County. Such a group could focus public attention on DMC, decide whether disproportionality exists, and if it does, to determine the causes. If causes can be identified, then the group can ascertain how to alter arrest rates. Rettig said yes, the County has considered convening a group. However, Johnson County makes very few arrests. The city governments have to be willing partners. Throgmorton said Iowa City has the ad -hoc Diversity Committee, which has submitted a report and he expects the city manager to follow up on the particular recommendations. He asked again if the County has considered convening the cities. Rettig said the Board would welcome the opportunity to have a true partnership in researching DMC and arrests for minor offenses, and everything else. The County has basically exhausted all its options with only a few remaining. The County would welcome the idea of hosting a meeting but the cities would have to agree to attend and city managers would have to force the chiefs of police to attend also. Informal Minutes: April 29, 2013/ page 6 _ Sullivan said the Board has previously discussed local collaboration to address DMC. The Board surveyed community members to assess how to bring the parties to the table but does not yet have a strategy in place. Neuzil said about one month ago, the Board discussed utilizing an evidence -based racial equity impact assessment tool to measure issues. He thinks the public expects each community to examine its own policing issues. Hayek said the Iowa City City Council received an enlightening report from the State Human Rights Division. The report concluded that Johnson County is not alone in this issue. Secondly, decision - making occurs at the level where individuals brought into the criminal justice system are screened. In order for solutions to be considered, the community needs to broaden its reach beyond the local level to perhaps a regional Sixth Judicial District level, and potentially a State level. Rettig said the County would welcome the opportunity to partner with local municipalities and the University of Iowa (UI). Today, the UI is arresting just as many people as most governing entities. Even if the County invests more money in jail alternative programming the space needs problem still exists. Regardless, Iowa City still has a 110 - year -old Courthouse and a 40- year -old Jail, built when Johnson County was much less populous. Throgmorton agreed and said it does not look good when 6% of the population is African American, and over 35% of the people in the Jail are African American, and more than 40% of the Jail beds are occupied by African Americans. Dobyns said the Jail does not have enough space for the diversionary products to function. Sullivan added there is not enough space in the Courthouse either. He said with the Courthouse expansion, people would remain in jail for less time. Rettig said the UI is an essential piece as well because their police force is growing every day. Reverend Bob Welsh suggested the Board not delay until the next meeting of the joint cities to discuss this issue. It would behoove the Board to contact the various municipalities, including the UI, to call together a group to address the disparity issue. He advised taking this action before the May 7 Special Election. Tiffin City Administrator Michon Jackson said County Sheriff Lonny Pulkrabek presented the pros of the proposed justice center to the Tiffin City Council. She suggested a PowerPoint presentation on why the County needs a justice center be posted on the Johnson County website. She said sometimes people fixate on the price tag alone and do not recognize how inadequate the current facilities are. She noted the lack of compliance with the Americans with Disabilities Act. It is important everyone have access to the full information about the proposed justice center and she thinks distributing this information through Public Access will accomplish that. Informal Minutes: April 29, 2013/ page 7 Brown asked if the State Diversity Commission Report is available on the Iowa City website. Hayek said it will be on the website within 24 hours. Throgmorton suggested adding the Iowa City ad -hoc Diversity Committee report of recommendations on the website. McGinness asked if any information or data exists that shows the effect these issues have on the civil justice system in Iowa City. Rettig said civil trials get delayed the most. McGinness said he has a lot of anecdotal information on how that has a negative impact on the delivery of civil justice in Johnson County. He said he would like to know how the County compares to other jurisdictions in the time which lapse from filing a case to the actual trial. Many cases are bumped due to a lack of courtroom space, regardless if juries and judges are available. Rettig said County Attorney Janet Lyness has said that a civil trial in Johnson County will take 18 months to two years because there is no way to schedule them. McGinness said the cases get scheduled 18 months to two years out, but then often get bumped three to four times. The County has judges, juries, and staff available, but there is insufficient space. Rettig said the County knew it would have to invest significant money in the Jail, which is 40 years old. Another reason the justice center bond referendum was placed back on the ballot so quickly was because the Jail's locking system is quickly deteriorating. The estimate to repair the system is $1.6 million. In addition, the roof, sewer, water, heating, and air conditioning in that building are in bad shape. The County will need to make significant repairs in the next couple of years if the current Jail building will remain in use. She guesses the total cost of those repairs will exceed the worth of the building. Rettig added that County officials cannot advocate for or against a justice center, but can relay the facts and the issues. Harney said the 40- year -old building is technically 120 years old. Jails run 24 hours a day, and most businesses run about eight hours a day. All that wear and tear on the building adds up to 120 years. In addition, the Jail was downsized when it was originally built in order to get approval in the first place, and it is extremely outdated. ROAD AND COMMUNITY PROJECTS FOR 2013 -2014 (ALL) City of University Heights From said the Sunset Street Wide Project is scheduled to begin construction in late May or early June 2013. The project will expand the Melrose Avenue Sidewalk Project and remove the existing sidewalk on the west side of Sunset Street between Melrose Avenue and West Benton Street. The project will take about 45 days. From added University Heights is establishing its first ever Farmers' Market beginning June 4th. The scheduled dates are the first Tuesday of each month; June 4th, July 2nd, August 6th, September 3rd, and October 1st. Saint Andrew Presbyterian Church has agreed to let the Farmers' Market utilize their parking lot at 1300 Melrose Informal Minutes: April 29, 2013/ page 8 Avenue. From said currently she seeks vendors for the Market. City of Coralville Fausett said the main project affecting the most people this summer is the repair to the bridge over Interstate 80 on 12th Avenue, which the Iowa Department of Transportation (DOT) is handling. The bridge will be closed for a couple weeks at two or three different times, which will affect northbound and southbound traffic. Coralville will also begin reconstruction of Highway 965 from Coral Ridge Avenue to Oakdale Boulevard. Dodds said Coralville will also be adding a traffic lane and roundabouts in the area surrounding Costco and Walgreens. The Old Town Coralville Master Plan will also be underway this summer, involving 12th Avenue, 20th Avenue, 26th Avenue, and 27th Avenue. Dodds said Coralville and North Liberty staff collaborated on a study for Evergreen Road, but no date is set for the project yet. Rettig asked when Coralville officials plan to pour concrete where the bike trail ends toward Tiffin. Fausett said this summer. The flash - flooding left a lot of sand in that area that needs to be removed. Dodds added that Coralville is collaborating with UI to create an extreme sport bike space in the area across from Applebee's. Harney left at 5:31 p.m. Rettig said the trail between Coralville and North Liberty appears closed due to new building construction, but bicyclists can still pass through. Dodds said a street still needs to be installed by Sedgwick Claims Management Services, Inc. Fausett said Coralville has a Revitalize Iowa's Sound Economy (RISE) grant to build that street, which will begin soon. Dodds added wells will also be placed through the park, so the trail will be detoured for a little while. City of Iowa City Johnson County Council of Governments Transportation Planner Jeff Davidson said Iowa City is hosting a public meeting today, April 29th, at 6:30 p.m. at the Robert A. Lee Community Recreation Center to discuss the Burlington Street Dam Modification Project, also known as Iowa City's Whitewater Project. Etheredge left at 5:32 p.m. Davidson said Iowa City does not plan to actually remove the dam. Instead, staff wants to fill in the back side of the dam so the dam will not be visible on the surface. A whitewater course will be set up between Highway 6 and Burlington Street, which is a great recreation opportunity, organized by both the UI and Iowa City. It will have facilities for renting kayaks and canoes. The project will also be done in conjunction with the Riverfront Crossings Master Plan which establishes a public park where the north Waste Water Treatment Plant is currently. Informal Minutes: April 29, 2013/ page 9 Davidson said downtown Iowa City will experience eight fairly significant fagade rehabilitation projects. Significant improvements are expected to the following: Quinton's Bar & Deli, Pancheros Mexican Grill, Active Endeavors, Bo -James Food & Drink Emporium, Atlas Restaurant, Iowa City Yacht Club, Chait Galleries Downtown, and another unoccupied building which used to hold Gilda Imports. This project is made possible through a partnership between the private entities and Iowa City. Davidson said construction is scheduled later in the summer at Highway 1 near Pearson Education, extending a new road into the Moss Ridge Campus Office Park. William Street in east Iowa City will be reconstructed late in the summer, in conjunction with the two new office buildings constructed in the Towncrest Area since the 1970s. Davidson said two UI projects will be underway this summer. The first is the demolition of the Hawkeye Court apartment complex (UI Family Housing) and construction of a new 252 -unit building, operated by a private entity. The new building will be constructed out of the flood plain. An additional 250 units could be added in the future, which would accommodate the same density of development seen in that area currently. Davidson said The Voxman School of Music Clapp Recital Hall Project has completed its first bid letting to begin building on the corner of East Burlington Street and South Clinton Street. It will be a very substantial project and will completely fill the site. Uutility work will be done first, so the building itself will not have much completed during 2013. The project will create an exciting arts and entertainment venue for downtown Iowa City. Iowa City Public Works Director Rick Fosse said the wet weather has slowed down construction in Iowa City. One major project is the reconstruction of Lower Muscatine Road. The intermediate goal of that project is to complete the intersection at Sycamore Mall and the new access to Kirkwood Community College and MidAmerican Energy by the start of the 2013- 2014 school year. Hopefully, the project will be finalized in spring 2014. Fosse said the Rochester Avenue bridge replacement is also underway, with a goal of completion before the beginning of the 2013- 2014 school year. The $1 million Highway I Trail Project is expected to be completed this July. The $55 million relocation of the north Waste Water Treatment Plant is halfway complete. Construction was done at a rate of $4 million per month through the winter, with completion expected in April 2014. The West Side Levee project will begin in May and continue into 2014. Fosse said other projects include the Dubuque Street/Interstate 80 pedestrian bridge. The Iowa DOT is working on the Dubuque Street/Interstate 80 interchange. In FYI or FY16 Iowa City is scheduled to install a pedestrian bridge, similar to the Dodge Street/Interstate 80 pedestrian bridge. Fosse said Iowa City has been awarded a contract for an evaluation of the Central Informal Minutes: April 29, 2013/ page 10 Business District streetscape, which will involve taking a comprehensive look at downtown streetscapes all the way from the south side of Burlington Street, north to A & A Pagliai's Pizza. Fosse said design plans for the Iowa City Animal Care and Adoption Center should be complete in early fall. Completed plans will go to the Federal Emergency Management Agency (FEMA) for review, then to bid in late winter and spring for summer 2014 construction. It should be completed by May 2015. Rettig asked when the Friends of the Animal Center Foundation will kickoff fundraising. Markus said they have already begun. Rettig said a sewer line break occurred on Ralston Creek on the east side off of Brookside Drive. The sewage was dumping directly into Ralston Creek and Rettig asked if mitigation will be necessary. Fosse said he does not know but that it is difficult to mitigate after a spill like that. The important thing is to stop it as soon as possible. City of North Liberty Salm said North Liberty has a couple of paving projects scheduled for 2013, including the paving of South Jones Boulevard. The paving should be finished in October. The second phase of Highway 965 entails three pieces of road, including a small piece near the Fareway grocery store. North Liberty staff decided the first phase of the project stopped about fifty feet short, so more paving and a turn lane will be added. Pheasant Lane will be extended west to Highway 965, which will provide a secondary access to the Fox Run Subdivisions and a detour for the Scales Bend Road intersection, which is the big piece of the Highway 965 project. This latter part of the project is scheduled to begin later in the year and run all through 2014 with many inconvenient detours. Salm said commercial and residential growth is continuing in North Liberty. A new school will be needed in the near future. Sullivan asked if North Liberty has plans for a special census. Salm said not at this time, but that may change over the next year. Salm said North Liberty's population is estimated at about 16,000 and the 2010 census was 13,374. City of Lone Tree Brown said Lone Tree plans to chip seal Pioneer Road to the west all the way to the Lone Tree lagoon, which will save money on trucks. The Johnson County Livable Community for Successful Aging Policy Board annual meeting is scheduled for May 9th at 7:30 a.m. at the First Presbyterian Church. Everyone is invited, given they reserve a seat. More information is on www.livablecommunity.org. City of Tiffin Jackson said Tiffin is very close to completing Ireland Avenue. The Tiffin City Informal Minutes: April 29, 2013/ page 1 I Council just approved many paving projects. Additionally, multiple housing developments have been approved, which will bring more than 200 new houses over the next year and a half. Tiffin will have new housing, a new water tower, paving and development, and new commercial establishments. Tiffin will look very different in about two years. Iowa City Community School District McGinness said ICCSD has ongoing Physical Plant and Equipment Levy (PPEL) Fund projects. These building lifecycle costs include investment in building envelopes, roof replacements, window replacements, and land acquisitions. Once the land acquisitions appear online, the municipalities will need to help extend services to the parcels, including fiber optic utilities. McGinness said ICCSD Board of Education approved $3.5 million for safety and security upgrades to the existing schools. Iowa City Community School District Superintendent Stephen Murley said signs will be placed on all the buildings throughout the district in addition to securing the actual physical facilities with locks. All school staff persons have received Alert- Lockdown- Inform- Counter - Evacuate (ALICE) training. The insides of the schools will need new locks. The district will be equipped with new radios on a digital radio network, so everyone can be connected. Murley said a new sign - in system will also be initiated for people entering the schools. McGinness said the City High Fine Arts is still moving, along with the Mark Twain Elementary remodeling. Johnson County Rettig thanked all cities' Fire Departments for assistance in the fire at Secondary Roads. The fire started in a battery. Eight of the 20 County snow plows are out of commission, so the County will need assistance in the event of any additional snowfall. The Board is leaning toward building a new building, as opposed to rebuilding the 40- year -old building in bad shape. Rettig said the County is doing a number of roads projects. In the north, Mehaffey Bridge will be replaced at a cost of $9 million and it will have a pedestrian bridge. It will be a two year project. Next year, the bridge may be closed up to six weeks, five days at a time. The County will provide a two -week notice beforehand. Within the following three years, Mehaffey Bridge Road will be rehabilitated north to Sugar Bottom Road and south to the North Liberty boundary line, also adding wide paved shoulders. In three years, the County will construct a separated trail along the same road from North Liberty to Sugar Bottom Road. Rettig said in the south, the 520th Street SE road project from Hills to the Muscatine County limits is expected to be completed by next summer, also adding wide paved shoulders. The County is beginning to plan for IWV Road SW and would like to partner with Iowa City, because a section of the road lies within Iowa City limits. The County is beginning to talk about the remaining section of Highway 965 although this is not on the Informal Minutes: April 29, 2013/ page 12 Five -Year Road Construction Plan. A large section of the road is in North Liberty, so the County does not want to begin planning without partnering with North Liberty. Rettig said Oakdale Boulevard is a two -year project because it passes through wetlands and the disturbed soil needed to settle. Recent flash flooding has made that area a muddy mess, but it should still be finished in 2013. Designed to urban standards, it will have a multi -use sidewalk that will force the Dubuque Street Trail to be slightly rerouted. Almost all of the Dubuque Street Trail should be open throughout construction. LEGISLATIVE UPDATES (ALL) Rettig said the County and various cities are all affected by issues such as commercial property tax reform, education funding, and mental health funding. She said Iowa Governor Terry Branstad is discussing the Iowa Motor Fuel Tax again. McGinness said ICCSD costs rise 3.5% to 3.8% each year due to growth, but the State has only accounted for 0% and 2% in allowable growth for school districts in the last two years. The State has compromised by offering an additional 2 %, but still cuts out $1.7 million in early childhood intervention funds. ICCSD is not receiving the full 4% annual increase from the State. Hayek said the Iowa Legislature is proposing two bills on property tax reform right now: one from the Iowa Senate and one from the Iowa House of Representatives. The bills are headed to a Conference Committee reconciliation process, which is the farthest property tax reform has gone in recent years. The Iowa Senate bill is based on a tax credit approach that holds local municipalities harmless and does not result in a shift in taxes from commercial property to residential property. The Iowa House bill includes a considerable rollback in commercial and industrial property tax and proposes a multi - residential property classification that phases multi - family housing from a commercial into a residential category. The impact of the classification change on Iowa City is expected to be about $6.5 million for the five year period of FY15 through FY19. If the Iowa House passes the bill, it will mean a hit of about $17 million to Iowa City. Hayek said $6.5 million is more than the entire Iowa City Fire Department or Iowa City Public Library budget. Rettig said a small movement exists to make cell phones pay the same amount as land lines do for Emergency 911 services. Right now, cell phones get a discount, and the State takes the majority of the money. That money would be very helpful for funding the emergency response system in the County. The bill has passed the Iowa House and moved to the Iowa Senate. Rettig said a Johnson County Proclamation of Disaster Emergency was issued for the flash flooding earlier in the week. Individuals and entities with damage are to report to Emergency Management by filling out a very simple form on www.johnson-county.com. Damage information is crucial for obtaining federal dollars to help reimburse the County. Funding is available for low - income residents via Hawkeye Area Community Action Informal Minutes: April 29, 2013/ page 13 Program (HACAP) because of the State of Iowa Proclamation of Disaster Emergency. Coralville's damage numbers will likely change because of all the sand deposits. FUTURE MEETING ITEMS (ALL) McGinness requested a continuation of the affordable housing discussion in the broader context of a regional development plan. A more meaningful and in -depth conversation would help ICCSD. As the ICCSD plans for investments throughout the district, knowing which municipalities choose not to help will aid ICCSD in decisions. Rettig said affordable housing and DMC arrests should be on a future agenda. DATE AND TIME OF NEXT MEETING The next meeting is scheduled for July 29th at 4:30 p.m. in North Liberty. Adjourned at 5:59 p.m. Attest: Travis Weipert, Auditor Recorded By Nancy Tomkovicz M PLANNING AND ZONING COMMISSION PRELIMINARY JUNE 6,— 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard, Jodie Theobald MEMBERS ABSENT: John Thomas STAFF PRESENT: Bob Miklo, Darian Nagle -Gamm, Sarah Greenwood Hektoen OTHERS PRESENT: John Hieronymus, Kolby Jones, Mike Pugh, Ron Erwin, Merl Kjeniss, Margie Yoder, Steve Schallow, Todd Shepard, Dave Stochl, Ken Johnson, Jeff Kersbergen, Ed Wasserman, James Buddenbaum, Ann Wade, Walter Seaman, Dave Larsen, Craig Nierman, Wisdom Nwafor, Steve Kohli RECOMMENDATIONS TO CITY COUNCIL: 1. The Commission voted 0 -6 to recommend denial of an amendment to the Comprehensive Plan Southeast District Plan to change the land use designation from multi - family to commercial property located at the northwest corner of the intersection of Muscatine Avenue and Scott Boulevard. 2. The Commission voted 0 -6 to recommend denial of a rezoning of 2.23 -acres from Low Density Single - Family (RS -5) zone to Low Density Multi - Family (RM -12) zone and 0.85 -acres from Low Density Single - Family (RS -5) zone to Community Commercial (CC -2) zone 3. The Commission voted 6 -0 to recommend approval of REZ13- 00014, an application submitted by Chezik -Bell Properties for a rezoning of 2.30 -acres of land located southeast of the intersection of Highway 1 and Sunset Street in the Intensive Commercial (CI -1) zone to amend the Conditional Zoning Agreement regarding setback and landscaping adjacent to Highway 1 referencing the plan of June 6, 2013, using the larger, corner landscape area and trees of three different varieties. 4. The Commission voted 6 -0 to recommend approval of amendments to Title 14: Zoning Code to allow Schools of Generalized Instruction by special exception in the Community Commercial (CC -2) Zone. 5. The Commission voted 2-4 (Dyer, Eastham, Swygard, Theobald opposed) to recommend denial of amendments to Title 14: Zoning Code to modify the regulations regarding the spacing of drinking establishments so that the 500 -foot spacing rule would only apply to the University Impact Area and the Riverfront Crossings District. Planning and Zoning Commission June 6, 2013 - Formal Page 2 of 16 CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. Comprehensive Plan / Rezoning Items: A public hearing of an application submitted by John Hieronymus to amend the Comprehensive Plan - Southeast District Plan to change the land use designation from multi - family to commercial for property located at the northwest corner of the intersection of Muscatine Avenue and Scott Boulevard. CPA13- 00002/ REZ13- 00012: Discussion of an application submitted by John Hieronymus for a rezoning of a total of 5.95 -acres of land located north of Muscatine Avenue, west of Scott Boulevard, 2.23 -acres from Low Density Single - Family (RS -5) zone to Low Density Multi - Family (RM -12) zone, 0.85 -acres from Low Density Single- Family (RS -5) zone to Community Commercial (CC -2) zone and 2.87 -acres from to Low Density Multi - Family (RM -12) zone to Community Commercial (CC -2) zone. Miklo said the proposal has three components. He said the first is to change the Comprehensive Plan for this area from residential to commercial; the second aspect is to rezone this property from Low Density Single Family (RS -5) and Low Density Multi- Family (RM -12) to Community Commercial (CC -2), and the third is to rezone the northern part of the property from Low Density Single Family (RS -5) to Low Density Multi - Family (RM -12). Miklo showed the Commission slides of the property from different perspectives. He showed the Commission a concept plan of what the applicant proposes if the rezonings are approved. He said the Comprehensive Plan shows a limited amount of undeveloped land along Scott Boulevard that is appropriate and zoned for multi - family in this part of the city. He said there are many commercial areas in the East Side, some of them with convenience stores that are located within a relatively short distance from the proposed site. He said to change this property to commercial would displace one of the few suitable locations for multi - family in this part of the city. He said staff sees no compelling reason why this change should occur. Miklo said there are also site specific reasons why staff feels that this property should not be zoned for commercial development. He said the property is located at the highest point of the neighborhood, making it difficult to screen the property and deal effectively with lighting and signage. He said the Transportation Planners feel that the amount of turning traffic in this area will increase substantially compared to what exists with the current residential zoning. He said for those reasons and for those outlined in the staff report, staff does not recommend that the Comprehensive Plan be changed in this area; staff recommends that the request for commercial zoning be denied; and they recommend that the decision be deferred for additional multi - family zoning depending on what the Commission's decision is for the remainder of the property. Freerks clarified for the public that at the previous meeting this property had been proposed for Neighborhood Commercial (CN -1) zoning , and that request has now been changed to Planning and Zoning Commission June 6, 2013 - Formal Page 3 of 16 Community Commercial (CC -2). Miklo explained that the staff had also recommended against that zoning. Eastham asked Miklo to point out other places in the city where there are commercial areas that might fit easily into the Comprehensive Plan's description of a neighborhood commercial area that would perhaps be appropriate. Miklo named the Walden Square development and Olde Towne Village, where the residential and commercial areas were designed around each other. He noted that the commercial areas were planned at the same time the adjacent residential neighborhood to help assure compatibility. Martin asked about the multi - family plan in existence for that area. Miklo explained that a couple years ago there was a rezoning of this property that included a subdivision. He explained how that plan was configured and said that it was approved at that time. He said that is the zoning that is in place until the City Council changes it after a recommendation from the Commission. Freerks opened public hearing. John Hieronymus of 3322 Muscatine Avenue presented the history and background of his family's property. He said he worked with a developer for two years on a planned development for the subject property, but the bank would ultimately not make a loan to the developer because the appraisals were lower than the cost of the development. He said he then talked to City staff about how to replat the property and lower the costs. He said Kum and Go approached him about developing the property on the corner of Scott Boulevard and Muscatine. He said when they applied for the Neighborhood Commercial rezoning, the staff comments were negative, mostly due to the size of the proposed building, so they decided to apply for Community Commercial rezoning. Kolby Jones of Kum and Go Convenience Stores said they are different than the normal convenience store, and Iowa City has nothing like it here. He said their new stores are just under 5,000 square feet because they contain a full service kitchen. He said this new store would contribute to the tax base and to the economy. He talked about the benefits this store would provide to customers and to the community and how with their LEED certification, they can trap all the light onsite. Eastham asked in reference to the needs analysis the company did as part of the planning for this proposal how much of the need is reflected for motor vehicle fuel sales and how much for other things in the store. Jones said the analysis breaks it down into how well they will do inside, and how well they will do outside. He said the breakdown was an even distribution with inside and outside sales. Mike Pugh as a representative Kum and Go said they are seeking a land use amendment to the Comprehensive Plan, not a text amendment. He said the intersection of Scott and Muscatine has been designed as arterial streets, and the houses on Muscatine are designed so the backs of them back up to Muscatine Avenue. He said the City's traffic count for this intersection is 6,000 to 8,OOOcars per day. He said they don't expect additional traffic to be generated here because Kum and Go is not a destination site. He said this application is a relatively modest modification request of 3.79 acres to the land use map. He mentioned several areas along or near the Scott Boulevard corridor that have residential uses with commercial uses mixed into the development. He said from a planning perspective, it is appropriate to place commercial uses along arterials. Pugh said there is a plan in place for what will be built on this site, and there is no uncertainly Planning and Zoning Commission June 6, 2013 - Formal Page 4 of 16 about what could go there under the Zoning Code in a CC -2 zone. He said the applicant's expectation is that in addition to the rezoning, he fully expects a Conditional Zoning Agreement (CZA) stating exactly how this site will be developed. He said they have started a dialogue with two good neighbor meetings and meetings with City staff. He said what the Commission must look at is if a convenience store of this nature at the intersection of two arterial streets is appropriate if it were designed in a certain fashion. He said he thought the real issue was gas and intensity of use. He claimed they would be having a very different discussion if this was a small, locally owned grocery store that people could walk to, and that idea is looked upon favorably at Commission meetings for other sites. Pugh said he strongly disagrees with the statement in the staff report that the neighborhoods in Iowa City are already well served by commercially zoned property in the area. He said one of the frequent complaints about the east side of the city is that you have to drive to get to something. He said he also takes issue with the statement from the staff report that a convenience store would essentially be an intensive auto - oriented use located in a residential neighborhood. He said auto - oriented should be okay because the subject site is on an arterial intersection. He argued that the area is residential, but not single - family residential, and that how staff describes it is a bit of a mischaracterization. He said this site has a natural buffer between the subject property and some of the more single - family areas to the north. Pugh argued that contrary to the staff's report, the topography of the subject site really doesn't pose problems that aren't conducive to commercial uses. He said the site from Muscatine Avenue to the proposed side street falls away nineteen feet, and the parking lot will sit six feet lower than Muscatine Avenue. He said the tops of the canopies for the gas amenities are fifteen feet tall, meaning they are nine feet higher than the grade on Muscatine Avenue. He said the same type of thing happens on the Hampton Court side. Pugh said that important issues that have been discussed in good neighbor meetings are the issues of traffic, light, and noise. He said one thing in the application's favor is that all the houses in Hampton Court back up to Muscatine Avenue. He said there is also fairly mature landscaping along the backs of those houses to serve as buffer. Pugh said he has also heard some of the concerns mentioned above when other developments like Olde Towne Village were done. He said there really isn't a commercial amenity in this area, which will be growing residentially in the future. He said the applicant would like the Commission to defer the amendment to the Comprehensive Plan so he and the applicant can develop a comprehensive CZA that they could present to the Commission and work with staff and the neighbors and see if there's a way forward where this could potentially work. Ron Erwin of 1146 Hampton Court said his backyard backs up to Scott Boulevard right at the intersection with Muscatine. He said there is a tremendous amount of semi traffic moving on Scott Boulevard. He said he is strongly opposed to the application. He said with this new development there will be more traffic and there will be the signage and lighting issues. He said he doesn't see a reason for another business of this type in the area. Merl Knjeniss of 1164 Hampton Court said his views have already been expressed in a letter to the Commission, which is in their packet. He said he is definitely opposed to the commercial use of that property. He said it would damage the property values, the community, and the Comprehensive Plan. Margie Yoder of 1161 Hampton Court said she and her husband purchased their property years ago when there was mostly farmland in this area. She said contrary to what Jones said early, Planning and Zoning Commission June 6, 2013 - Formal Page 5 of 16 she does think this development would become a destination site. She says there will be much more traffic, and she doesn't see a need for another such commercial use. She said she is really, really opposed to this application. Steve Schallow of 1115 Hampton Court said he hadn't been invited to either of the good neighbor meetings. He reiterated the comments of others who said there isn't a great need for a convenience store in that area, with four gas stations within a mile of the subject site and two grocery stores nearby, as well as two pharmacies and several restaurants. He said he is concerned about having something built on that high elevation on the corner of Scott and Muscatine and having more turning traffic because it will become a destination. He said he agrees with the staff report that this application should be denied. Todd Shepard of 1147 Hampton Court said he is not in agreement with amending the Comprehensive Plan in this case. He asked the Commission to review the comments in the letter he had given them at the start of the meeting. Dave Stochl of 1151 Hampton Court said he is proposing a denial to the planning and zoning change and does not support a deferral. He said he has submitted a letter to the Commission. He said he went to Cedar Rapids last night after he attended the good neighbor meeting and took pictures of a store that is nearly identical to the one being proposed. He explained how his house and the neighborhood will be impacted by the lighting of the proposed store and its location on a higher elevation. He said the additional traffic and the egress and ingress to and from the store onto Muscatine or Scott will be heavy and unsafe. Ken Johnson of 3116 Maplewood Lane said he had concerns with the drive to the proposed store being so close to the intersection, the turn not being readily visible, how fast traffic will be moving in terms of safety to both drivers and pedestrian, particularly children. Freerks closed public hearing. Eastham moved to recommend deferral of the applicant's request of the amendment to the Comprehensive Plan and rezoning item until the Commission's next meeting. Dyer seconded. Eastham explained that he could not recommend approval of any rezoning request without a change in the Comprehensive Plan. He said what he wants most to see is if a corporate convenience store concept can fit within the Comprehensive Plan's description of a neighborhood commercial area. Freerks said that she doesn't see the need to change this particular area. She said this part of Iowa City which has been planned for and developed with residential in mind. She said to try and create this kind of change at this point without any good reason put forward is detrimental to the process of the Comprehensive Plan. She said it doesn't seem sensible to challenge a developer to come forward and see how they would try to make it work. Eastham said he is not at all wedded to the success of the motion. Freerks polled the Commission, and were not four members in favor of deferral. A vote was taken and the motion was denied 0 -6. Planning and Zoning Commission June 6, 2013 - Formal Page 6 of 16 Eastham moved to recommend approval of an amendment to the Comprehensive Plan Southeast District Plan to change the land use designation from multi - family to commercial property located at the northwest corner of the intersection Muscatine Avenue and Scott Boulevard. Swygard seconded. Swygard said she agreed with a previous comment that this is a designated residential area with commercial located close by, and she sees no reason to change the Comprehensive Plan. Martin said putting commercial in that location is moving toward sprawl instead of nurturing what is already there. She said she lives in that area and finds it quite easy to get to commercial areas. She said although there is a great arterial intersection at this site, that doesn't necessarily mean that you have to populate it with a convenience store. Eastham said the intent of the Comprehensive Plan for those areas is providing focal points and gathering places for neighborhoods, and the businesses within those area are supposedly there to provide shopping opportunities within convenient walking distances for residents in the immediate area; the design of the neighborhood commercial centers are supposed to have a pedestrian orientation with stores located close to the street and sufficient open space to allow for outdoor cafes or patios and landscaping; and parking is supposed to be located at the rear and sides of the store, with additional parking on the street. He said that is the description of what would have to be located in this area if it's going to be developed as commercial. He said he can't make a standard convenience store fit into that description. He said he hasn't heard from anyone tonight that the proposed use in this area has a pedestrian orientation, or meets any of the other criteria described as above. Swygard said it was initially Neighborhood Commercial and then since the last Commission meeting it was changed to Community Commercial, which is for a larger area of population, so that seems to be even less appropriate for changing the Comprehensive Plan. Freerks says to change the Comprehensive Plan at this point would have a detrimental effect on the neighborhood. She said the east side of town does need amenities, but this isn't the place for this particular amenity. She said she has nothing against Kum and Go, and it seems like a fine business. She said there's a lot of community input that happens with a Comprehensive Plan when it's put together and goes through a great deal of thought. She said she hasn't heard a compelling argument why at this point in time that needs to change. She said she also has some concerns about traffic. A vote was taken and the motion was denied 0 -6. Swygard moved to approve an application for a rezoning of 5.95 acres of land located north of Muscatine Avenue, west of Scott Boulevard, 2.23 -acres from Low Density Single - Family (RS -5) zone to Low Density Multi - Family (RM -12) zone, and 0.85 -acres from Low Density Single - Family (RS -5) zone to Community Commercial (CC -2) zone. There was some confusion about the best way to break out the two motions. On advice of Greenwood Hektoen, and Miklo, Swygard withdrew her motion. Theobald moved to approve the change of 0.85 acres from Low Density Single Family Planning and Zoning Commission June 6, 2013 - Formal Page 7 of 16 (RS -5) to Community Commercial (CC -2) and 2.78 acres from Low Density Multi - Family (RM -12) zone to Community Commercial (CC -2) zone. Eastham seconded. Freerks said she agreed with Eastham's remark earlier that the Commission should not approve something that they just denied as a Comprehensive Plan change. A vote was taken and the motion was denied 0 -6. Martin moved to approve 2.23 acres from Low Density Single Family (RS -5) zone to Low Density Multi - Family (RM -12) zone. Miklo mentioned that the staffs recommendation had been for deferral. There was no second on this motion, and the motion failed. Theobald moved to defer indefinitely a rezoning of 2.23 acres from Low Density Single Family (RS -5) zone to Low Density Multi - Family (RM -12) zone. Eastham seconded. Freerks said whatever develops in this area needs to connect with what continues on the corner, and the Commission would like to see something develop there that can integrate into the neighborhood more than the proposed convenience store. Eastham said for this specific parcel, the Comprehensive Plan does support multi - family development, and he would agree to look at that option in the future. A vote was taken and the motion passed 6 -0. Freerks informed the applicant that they still have the right to bring this before City Council, and make their case there. Freerks called for a five - minute recess. Freerks called the meeting to order. Rezonina Items REZ13- 00004: Discussion of an application submitted by Jeff Miller Construction for a rezoning of 1.05 -acres of land located on First Avenue, north of Rochester Avenue from Low Density Multi- Family (RM -12) zone to Planned Development Overlay /Low Density Multi- Family (OPD /RM -12) zone. Nagle -Gamm showed a map of the subject site and photos of the property and the neighborhood, and photos taken from the subject property and from the building to the south. She reminded the Commission that this item had been deferred at the previous meeting pending attention to several items that had been identified and answers to several questions the Commission had. Planning and Zoning Commission June 6, 2013 - Formal Page 8 of 16 Nagle -Gamm summarized the outstanding items. She said the Commission had discussed moving the building further to the north, and in the latest plan provided by the applicant he has doubled the size of the buffering between the proposed building and the property line to the south from ten feet to twenty feet, resulting in a decrease in the buffer on the north end of the parking and the south end of Hickory Hill Park to seventeen feet, which staff finds to be reasonable. Nagle -Gamm said the next issue was the water drainage system. She said Public Works had expressed concern that not all the storm water on the property was being handled on site, so they worked with the applicant to create several different iterations of how to improve storm water management on site. She said the latest site plan submitted by the applicant includes modifications that would pick up all the storm water from the eaves and the front of the building and would drain to an inlet near the driveway. She said there's also a new grading plan to direct storm water to that inlet. She said the applicant has also added storm water tiling along the sidewalk and the retaining wall on the south end of the building to direct storm water to a newly created inlet. She said Public Works is now satisfied that storm water will be managed appropriately on site. Nagle -Gamm said the Commission had also requested a comparison of the existing building to the south of the proposed property and the proposed building in terms of height. She showed a drawing that shows approximately a thirty -six foot difference between the midlines of the roofs of the two buildings. Freerks asked why the proposed building was dug down so deeply. Miklo responded that it was in order to get the parking underneath it. Nagle -Gamm said a question had been raised about trees on subject property. She said the revised site plan indicates the location and species of trees that exist, and in some areas there are oak trees, some within the construction zone. She said the City Forester said when he looked at the property last year when it was initially rezoned from RS -5 to RM -12, there were no significant trees. Freerks said she thinks there is a difference in how a professional forester would assess trees and how significant trees are to a person who lives in an area. She asked if they are not to be salvageable if the Forester doesn't deem them significant. Miklo said the three oaks to the west of the no construction line could to be preserved as part of the development. Nagle -Gamm said another question that was raised was lot coverage ratios and the comparison between the proposal for the property and the property to the south. She said they looked at the original site plan for the existing property and determined that the impervious surfaces were approximately forty percent of the lot as compared to forty -two percent for the proposed development. Nagle -Gamm said the applicant was asked to provide a more detailed landscaping plan and include tree species that were recommended by the Johnson County Heritage Trust, and the applicant has made adjustments to the plan to include recommended trees and grasses. Miklo said that three possible invasive species have been removed from the original plan. Nagle -Gamm said in regard to the question about the purchase agreement, staff received a copy of it, and it appears to be in order. Nagle -Gamm showed the Commission proposals that the developer submitted showing how the building and the retaining walls for the sidewalk would look from First Avenue. Planning and Zoning Commission June 6, 2013 - Formal Page 9 of 16 Nagle -Gamm said staff finds that the applicant has adequately addressed discrepancies and deficiencies and recommends approval of the item. Theobald asked for a definition of inlet as pertains to storm water management. Nagle -Gamm said it's a drainage hole where water will be directed to drain in a pipe on the site. Freerks opened public hearing. Jeff Kersbergen of 513 S. First Avenue said he is representing the applicant. He said the applicant feels this is a good match for the neighborhood. Ed Wasserman of 555 N. First Avenue said he wants to make clear that the trees he is talking about are the gigantic trees along the property line that will provide the buffer between the two properties, not the ones beyond the building in the back of the subject lot. He said with the current plan, there won't be any trees retained between the buildings, and what he concerned about and what hasn't been addressed, is the root structure of these trees. He claimed that the newest elevations submitted show every view but the relevant one with the trees. He said all the trees will be removed. He said that according to the Comprehensive Plan, there is supposed to be green space in developments in this zone. He said he is against the building plan that is too much for the small site and for the slopes. James Buddenbaum of 557 N. First Avenue said he doesn't agree with the City Forester that these trees are insignificant because they aren't a museum quality. He said looking south on N. First Avenue, you would not be able to see his building because the trees are so lush. He said the eight foot retaining wall will never hold up under the proposed storm water drainage plan, and the water will never be completely drained off the property. He said they have had severe drainage problems on their own, similar piece of land. He said they had to replace half the driveway, dig out grass in order to try and divert drainage along the driveway, put in a conduit pipe, and it still doesn't work. Ann Wade of 524 N. First Avenue said she lives directly across from the existing building to the south of the subject site. She said on her side of the street every one of the houses have had problems with drainage because of the slope. She said she's also concerned about such a big building on the subject site because of the slope and the water issues and thinks that a smaller building won't prevent the flow of water as much. Walter Seaman of 551 N. First Avenue expressed his support for the people who had spoken tonight against this rezoning. He said the removal of those trees would be criminal. He said the proposed building seems out of proportion relative to the size of the lot. Freerks said it's always difficult to hear that what the Commission approved not so long ago has water issues and has caused financial problems for residents, and it makes one think about what happens next door to a property that has similar slopes. She asked the staff if they have any concern about water issues. Miklo replied that they have come to hear about drainage problems on the existing property through this process, but they can't speak to why they occurred. He said staff asked the City Engineers to review the plan for the proposed building carefully, they said it needed further study, and the last iteration of the plan that they reviewed was found satisfactory. He said he doesn't think they are capable of answering the questions comparing this with the problems with the property next door. He said that the Engineering Staff did closely review this and there will be further review of the retaining wall question when the building permit is reviewed. Planning and Zoning Commission June 6, 2013 - Formal Page 10 of 16 Greenwood Hektoen said it's the developer's obligation to insure that he installs the proper and necessary private utilities. Eastham asked if the Building Code requires a builder to demonstrate that the building won't have water infiltration into any part of the structure. Staff could answer that question. Freerks said it seems that some of the trees along the property line are within ten feet of the property line. Wasserman said that the plans show that no trees will remain along the property line. Freerks said she thinks it is unfortunate that more small natural areas around town aren't preserved unless they are examples of stellar trees. She said the Commission doesn't necessarily have a way to require that people have to preserve them. Wasserman said he questions what will happen to both properties per the drainage problem when so much of the root structure will be unearthed for the retaining wall and for the building itself. Freerks asked Kersbergen if there's a reason none of the trees can be kept. He said he can ask the applicant. He said the applicant has built a similar structure on a steep, narrow lot, and he was able to protect the properties that were high above that development, so he's been successful implementing a plan like this one before. Martin asked if the applicant had considered building up rather than out. Miklo said there was a prior plan for townhouses, and it required more grading and bigger retaining walls. Martin asked if this footprint could be more compact. Miklo said it could be, and that would add a floor to the building. Freerks closed public hearing. Eastham moved to recommend approval of REZ13- 00004, an application submitted by Jeff Miller Construction for a rezoning of 1.05 -acres of land located on First Avenue, north of Rochester Avenue from Low Density Multi - Family (RM -12) zone to Planned Development Overlay /Low Density Multi - Family (OPD /RM -12) zone including a stipulation that the retaining wall design will need to be certified by a structural engineer before the permitting process. Martin seconded. Martin said she still has concerns about the stability of the building to the south of the subject property once that ground is disturbed, particularly after looking at the picture where the proposed building is situated so much lower than the adjacent one. Freerks said she has concerns about water and drainage. She said she would be willing to ask for deferral, but she's not sure how much further they'd get with it. She said she thinks there's value in trying to protect these trees. She said she's not sure she's inclined to support this item. Theobald said she went out and hiked around the whole subject property, and she would support requesting that if possible the trees be saved. However, she said the trees weren't in very good condition, some of them appeared to be volunteers, not pruned properly. She didn't see any oak trees, so they probably weren't very large, but said they have a very shallow root system, so any excavation around them would affect them. She said she does see a great value to trees. She said she's leaning toward supporting the application. She said drainage is an issue and the day she was there, the ground was very soggy. She said she does like to see storm water handled in more environmentally friendly ways. Planning and Zoning Commission June 6, 2013 - Formal Page 11 of 16 Martin said the new renderings were striking in that they clearly spelled out how much impervious area there will be on the subject site, more even than the adjacent site. She said she is questioning this application more than before, which has nothing to do with the fact of its location or that it's multi - family. Theobald said she liked the selection of trees in the new plan. Swygard said she shared Martin's concern of these buildings being so close together on this slope and whatever the quality of the trees, they do provide a buffer. She said they've seen this project grow larger. She said she has been out to the subject site, and something just doesn't feel right to her about this application. Eastham said he's inclined vote for approval. He said he doesn't know a way to address the stability of the building to the south through the Zoning Code. He would be in favor of having the applicant get an engineering report focusing on that if he knew how to do that. He said he hoped there were ways for the property owners on the adjacent site to protect themselves. He said he thinks the applicant and staff have worked very hard together to address the issue of surface water. He agreed that it would be preferable not to disturb the trees that exist on the subject property, he thinks that's a solvable problem and he would support a deferment if that's' a sticking point. He said he doesn't see a reason not to proceed because of the proposed building's size. Freerks said she really has concerns about the water, and she thinks there is more that can be done about the trees, so she's not quite ready to vote for the application. Dyer said the City Engineers have already approved the storm water system. Miklo explained that was just for the storm water and didn't deal with the questions that arose about the slope stability from the adjacent property. A vote was taken and the motion was denied 2-4 with Eastham and Theobald voting in favor. Swygard moved to defer to June 20. Eastham seconded. Freerks said the Commission wants to talk about all aspects of water, slope stability and about the issue of trees and the building placement. A vote was taken and the motion carried 6 -0. REZ13- 00014: Discussion of an application submitted by Chezik -Bell Properties for a rezoning of 2.30 -acres of land located southeast of the intersection of Highway 1 and Sunset Street in the Intensive Commercial (CI -1) zone to amend the Conditional Zoning Agreement regarding setback and landscaping adjacent to Highway 1. Miklo showed the Commission drawings and photographs of the subject property. He explained that the Jiffy Lube business has a thirty foot setback, and there's a Conditional Zoning Agreement that requires a thirty foot setback. He said the application is to reduce that setback Planning and Zoning Commission June 6, 2013 - Formal Page 12 of 16 to eleven feet, and in lieu of the grass setback, which is all that's required, the applicant is proposing more extensive landscaping. He said staff feels that the enhanced landscaping may result in a better looking entrance to the city than the thirty foot setback would. He said they are also recommending landscaping in two corner areas. He said the applicant submitted a new drawing proposing paving one more space on each end and planting some day lilies in the remaining areas. He said the Commission will have to decide if that's acceptable or whether they would rather see the larger landscaping island that was shown in the original plan, preferably with bushes or shrubs as recommended by staff. Eastham said in the new site plan the driveway to the adjacent lot is shown as curved as opposed to straight. Miklo said it wasn't shown on the original plan, but it's a requirement that can't be waived. He said this addresses the issue of the easement raised by Mary Hitchcock, but the issue of storm water will need to be addressed at the time of any site plan approval. Eastham asked if the reduction in setback is only if the property is developed as a car dealership according to the site plan before the Commission. Miklo said it could be used for another use, but staff is recommending that this new site plan be a condition of approval in terms of what happens in those thirty feet. Theobald said the crabapple species shown on the plan is susceptible to disease. Miklo said the Commission can make an alternative tree selection a condition of approval. Freerks opened public hearing. Dave Larsen said he was here on behalf of the Chezik -Bell properties. Eastham said he would like to hear the applicant's rationale for changing staff's recommendation. Larsen said staff told the applicant that they wanted to implement that easement and put it on the plan, so they did, but then realized that some of the measurements were incorrect, and they also wanted to better define what had been designed as a general area, so they trimmed it up but still left room for more landscaping. He agreed to change the tree that Theobald had referred to. Freerks closed public hearing. Martin moved to recommend approval of REZ13- 00014, an application submitted by Chezik -Bell Properties for a rezoning of 2.30 -acres of land located southeast of the intersection of Highway 1 and Sunset Street in the Intensive Commercial (CI -1) zone to amend the Conditional Zoning Agreement regarding setback and landscaping adjacent to Highway 1 referencing the plan of June 6, 2013, using the larger, corner landscape area and replacement crabapple trees. Eastham seconded. Freerks said she thinks this continues what has gone before, and it's is a great solution. Eastham agreed that this does continue earlier decisions by Commissions and Councils to pay attention to the appearance of developments along Highway 1 as a main entrance into the city. He said reducing the buffer area and increasing the plantings will all work toward that end. Planning and Zoning Commission June 6, 2013 - Formal Page 13 of 16 Theobald said her only concern is the lack of diversity in the landscaping of all the businesses along this route. She said it's all of the same pattern. She said a disease could be a disaster if all the trees along a long expanse are the same. Theobald moved to amend Martin's motion by deleting "and replacement crabapple trees" and adding "and replacement trees of three different varieties." Eastham seconded. A vote was taken and the amendment carried 6 -0. A vote was taken and the amended motion carried 6 -0. Zonina Code Amendment Items: Discussion of amendments to Title 14: Zoning Code to allow Schools of Generalized Instruction by special exception in the Community Commercial (CC -2) Zone. Miklo said Schools of Generalized Instruction are grade schools and high schools that aren't allowed in the Community Commercial (CC -2) zone to avoid conflicts with school traffic and retail areas. He said there are CC -2 zones within the city that aren't of a great retail nature, as well as parts of shopping centers that schools might fit in. He said staff is recommending an amendment of the Zoning Code to allow the Board of Adjustment on a case by case basis to consider Schools of Generalized Construction in the (CC -2) zone with the criteria specified in the staff report that the Board would look at the character of the area and whether it would be displacing retail; that there's adequate drop -off and pick -up areas to provide for safety; and that there is adequate pedestrian access for school children. Eastham asked if a consideration would be the number of students at a location. Miklo said the Board of Adjustment could look at the specifics and could put conditions on or deny a proposal. Eastham asked if that could be adjusted in the future if the school attendance grows. Miklo said that generally a special exception approves a size or a plan, and if the applicant wants to expand that, they would need to come back before the Board and amend the special exception. Freerks opened public hearing. Craig Nierman said he was here on behalf of Parkview Church. He said they had identified the Southeast Side Neighborhood as one that needed encouragement and outreach. He said they tried bussing children to their facility on Foster Road, but that was not successful, so they currently lease a portion of the old Best Buy building. He said the plan is to start a school beginning with kindergarten and first grade and then increasing grade level each year. He said for this school to be viable, they need to use an existing building. Wisdom Nwafor of Parkview Church explained how this school will function. Swygard asked if this school will be accredited by the State. Nwafor said they plan on getting that accreditation after the school grows, but they do have regulations they have to comply with. Eastham asked if the Zoning Code required Schools of Generalized Instruction to be accredited. Greenwood Hektoen said it does not. Planning and Zoning Commission June 6, 2013 - Formal Page 14 of 16 Steve Kohli of 3129 Dubuque Street reminded the Commission that staff has structured this amendment to function on a case by case basis. Freerks closed public hearing. Eastham moved to recommend approval of amendments to Title 14: Zoning Code to allow Schools of Generalized Instruction by special exception in the Community Commercial (CC -2) Zone. Martin seconded. Freerks said she was all in favor of having smaller schools peppered throughout the community that can offer something in the community, in the neighborhood, nearby, or in a commercial area, re -using structures that otherwise might go unused. Martin said she thinks this is a brilliant idea to re -use this structure, and it makes so much sense. Eastham said although he's supportive of the type of school being proposed, he thinks one the Commission's responsibilities is to make sure that student safety is considered as well as surrounding users being considered in terms of a specific location and intensity of use at that location. He commended both the staff and the applicant for recognizing that those concerns of safety and access are very real. A vote was taken and the motion carried 6 -0. Discussion of amendments to Title 14: Zoning Code to modify the regulations regarding the spacing of drinking establishments so that the 500 -foot spacing rule would only apply to the University Impact Area and the Riverfront Crossings District. Miklo said staff feels these regulations have been effective in preventing additional bars from opening. He said the ordinance was primarily concerned about downtown, but it applied citywide. He said there are some areas where the City has been told by potential restaurant/bars that this has been problematic. He said the City Council asked staff to look at this question and staff is comfortable recommending this change for areas outside the University Impact Area and Riverfront Crossings. Freerks opened public hearing. Freerks closed public hearing. Eastham moved to recommend approval of amendments to Title 14: Zoning Code to modify the regulations regarding the spacing of drinking establishments so that the 500 - foot spacing rule would only apply to the University Impact Area and the Riverfront Crossings District. Martin seconded. Planning and Zoning Commission June 6, 2013 - Formal Page 15 of 16 Freerks said this is how they work with the Code to try to fine tune it in ways that work for the community, and she thinks this is an example of that. She said she will be voting for it. Theobald said she will be strongly opposed to it. She said she taught "Alcohol in Your College Experience" at the University, and said the research shows that controlling the environment in which the individual is drinking has the largest impact on both the individual and the community. She said research shows that controlling the number of drinking establishments is not effective at all in reducing problem drinking. She said in the class she taught, the largest category shared by the most students was near -death experiences. She said she feels it's not that large of a community, and there are plenty of.drinking establishments. She says she looks at the University Impact Area as the entire community. Swygard asked if there have been the same type of problems outside of the impact area but where there are still establishments serving drinks. Miklo said if an establishment closes at or before midnight, they are considered a restaurant, and if they are open past midnight they are considered alcohol - related. Freerks said she lives close to downtown and has seen some incredible alcohol - related sights, but she said most of those people get their alcohol at home, so she thinks it goes well beyond establishments serving alcohol. Theobald said there are livability standards in a community and one of those is measured by how many drinking establishments, both in -house and out of house a community has. Eastham said he is uncertain about what actually clearly contributes to young people over using alcohol, and certainly one of those factors is access. He said he is less inclined to restrict the use of the 500 foot rule to just a smaller area of the community. A vote was taken and the motion was denied 2-4 with Freerks and Martin opposed. Consideration of Meeting Minutes: May 16, 2013 Eastham moved to approve the minutes of May 16, 2013. Martin seconded. A vote was taken and the motion carried 6 -0. ADJOURNMENT: Martin moved to adjourn. Swygard seconded. 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SUMMARY OF DISCUSSION Hoerschelman said that the broadband survey response period ended May 15. David Dude from the Iowa City Community School District requested some of the data for a report he was preparing. Those elements of the data were provided to him. Brau said conforming the data to the analysis software is underway. Hoerschelman said that after the analysis is finished the Commission would need to determine what to do with the information. A report will need to be written that includes background on the issues and ideas addressed by the survey and what the survey reveals about the community. Some form of public presentation might be made. Hardy said Brau finished a review of Mediacom's basic tier rate filing. The maximum permitted rate will decline. The operator - selected rate will be $15.10, which is a5% reduction. Mediacom has changed their billings to reflect retransmission consent fees paid local broadcasters. Iowa City subscribers pay significantly less for the basic tier than other area communities. Hardy said PATV's attorney is currently reviewing the draft contract. The contract has eliminated any community programming obligations to emphasize PATV's primary mission of providing public access services. Bergus said her approach was to consider the interest of the community, which includes both producers and viewers. One concern not incorporated was a provision that could terminate the PATV's contract if funding from Mediacom is ended for any reason. If the city were to terminate the contract based on not receiving funding, all of PATV's assets would revert to the city. If this were to occur, PATV would not have an opportunity to seek alternative funding or pursue other means of continuing operations. This section of contract has the potential to disrupt public access services for producers and viewers. Hardy said the city's interest is to protect public access. If PATV were to cease to be able to provide services or function, the city would need to step in and protect PATV's assets and preserve public access services. Kilburg moved and Homewood seconded a motion to recommend the city council approve the PATV contract contingent upon approval of PATV's attorney's acceptance of the contract as written. The motion passed unanimously. APPROVAL OF MINUTES Elias moved and Kilburg seconded a motion to approve the amended April 22, 2013 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. BROADBANDSURVEY Hoerschelman said that the response period ended May 15. David Dude from the Iowa City Community School District requested some of the data for a report he was preparing. Those elements of the data were provided to him. Brau said conforming the data to the analysis software is underway. Hoerschelman said that after the analysis is finished the Commission would need to determine what to do with the information. A report will need to be written that includes background on the issues and ideas addressed by the survey and what the survey reveals about the community. Some form of public presentation might be made. Perhaps a video could be made. Feedback from the public could be gathered at any presentation. Hoerschelman will work on initial background language. Butler asked if there are areas that the public or the media might misinterpret. Hoerschelman said there are a few questions that could be read into in multiple ways. For example, a question regarding areas in which consumers are least satisfied. Hoerschelman said the survey could be modified for a survey of businesses. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Hardy referred to the report in the meeting packet and noted all complaints have been resolved. MEDIACOM REPORT Hardy said Grassley informed him that he had nothing he wished to report. Homewood asked if Grassley had information regarding the service phone call completion rate previously requested. Hardy said Grassley did not provide that information and he would inquire about its status. Kilburg said the completion rate is an important measure of customer service. LOCAL ACCESS CHANNELS REPORTS Light distributed a report for the Senior Center. SCTV will be having a number of training sessions. Goding reported PATV will have a presence at the Art Fest in the children's area. New training workshops focusing on mobile applications will be offered in the near future. Final Cut Pro X workshops are also being developed. Some of the guidelines and production workshops will soon be offered over streaming media. This will make it easier for people to test out of the workshops. Plans are underway to make the workshops more of an outreach effort, possibly by having walk -in sessions at the library and senior center. CABLE TV ADMINISTRATOR REPORT Hardy said Brau finished a review of Mediacom's basic tier rate filing. The maximum permitted rate will decline. The operator - selected rate will be $15.10, which is a 5% reduction. Mediacom has changed their billings to reflect retransmission consent fees paid local broadcasters. Iowa City subscribers pay significantly less for the basic tier than other area communities. Hardy distributed a community partnership memo from Des Moines that spells out what services Mediacom will provide the city after they transfer to a state - issued franchise. Hardy will try and get a copy of the Dubuque memo as well. Hardy said initially the PATV contract was expected to be for 5 years. The current draft contract is for 2 years. During that time the city wishes to conduct a comprehensive review of all local access needs and operations. That process will be initiated after the broadband survey is complete. Bergus requested a copy of the rate regulation memo prepared by Brau. ATV CONTRACT Hardy said he sent out a copy of the draft contract. PATV's attorney is currently reviewing the contract. The contract has eliminated any community programming obligations to emphasize PATV's primary mission of providing public access services. Goding said PATV is ready to move forward with the contract. Bergus said that she and Kilburg participated in a negotiating session with PATV and city staff. Bergus and Kilburg had forwarded some concerns with the contract. Some of those concerns were incorporated into the contract; others were not. Bergus said her approach was to consider the interest of the community, which includes both producers and viewers. One concern not incorporated was a provision that could terminate the PATV's contract if funding from Mediacom is ended for any reason. There is also a provision elsewhere in the contract that would end funding of PATV by the city if the city was not receiving funds from Mediacom. If the city were to terminate the contract based on not receiving funding, all of PATV's assets would revert to the city. If this were to occur, PATV would not have an opportunity to seek alternative funding or pursue other means of continuing operations. This section of contract has the potential to disrupt public access services for producers and viewers. Hardy said the city's interest is to protect public access. If PATV were to cease to be able to provide services or function, the city would need to step in and protect PATV's assets and preserve public access services. Elias asked if the old version of the contract had the same provision but did not specifically mention transferring to a state issued franchise. Hardy said that is the case. Kilburg said he was glad to see the language regarding use by nonresidents. Kilburg and Bergus said subject to any last minute changes they are ready to recommend approval to the city council. Elias asked if there were any areas in the contract that should be flagged for city council attention. Bergus said it is the Commission's responsibility to examine all the issues and if the two parties could not come to an agreement then the Commission might need to inform the council of those areas and become more involved. Bergus said her support of the contract is contingent on PATV agreeing to the contract. Butler and Homewood said they would prefer to have a response from PATV's attorney before making a recommendation, but a contingent recommendation would be acceptable. Kilburg moved and Homewood seconded a motion to recommend the city council approve the PATV contract contingent upon approval of PATV's attorney's acceptance of the contract as written. The motion passed unanimously. ADJOURNMENT Homewood moved and Kilburg seconded a motion to adjourn. The motion was approved unanimously. The meeting was adjourned at 6:37 p.m. Respectfully submitted, Michael Brau Cable TV Administrative Aide TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD (X) = Present (0) = Absent (O /C) = Absent/Called (Excused) Hoerschelman Ber us Homewood 5/28/11 X X X X x 6/27/11 x o/c x x X 8/27/11 x x x o/c X 9/24/11 X X X X X 10/24/11 X X X X X 11/26/11 X X vacant X X Kilbur 2/25/12 X X x x X Butler 3/26/12 o/c x o x X 4/23/12 X X X X X 5/21/12 X X X X X 6/25/12 X X X X X 7/23/12 x X X X X 8/27/12 x x x x X 9/24/12 X X X X X 10/22/12 X X X X X 11/26/12 X X X X X 12/17/12 X X X X X 1/28/13 X o/c X X X 2/25/13 X X X X X Elias 3/25/13 o/c x o/c x X 4/22/13 x x x x 0 6/3/13 X X X X x (X) = Present (0) = Absent (O /C) = Absent/Called (Excused)