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HomeMy WebLinkAbout2013-11-27 Info PacketAult !Mal =I CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY www.icgov.org November 27, 2013 IP1 Council Tentative Meeting Schedule DECEMBER 3 WORK SESSION IP2 Work Session Agenda IP3 Pending Work Session Topics IP4 Memo from the City Clerk: Meeting Schedule MISCELLANEOUS IP5 Memo from City Clerk: Chamber Annual Banquet IP6 Article from City Manager: Do Millennials Want to Call Your City `Home'? IP7 Article from City Manager: Mind the Gap IP8 Email from Human Rights: Comparison of Census to Survey Respondents 2013 IP9 Email from PCD Dir. to City Manager: S. Dodge St. IP10 Civil Service Entrance Examination: Maintenance Worker I — Water Customer Service IP11 Copy of Press Release: Thanksgiving Holiday Schedule Announced for City of Iowa City IP12 Housing Trust Fund of Johnson County: Notice of Funding Opportunity DRAFT MINUTES IP13 Board of Adjustment: November 13 IP14 Planning and Zoning Commission: November 7 (Formal IP15 Planning and Zoning Commission: November 21 (Formal) IP16 Telecommunications Commission: October 28 *A .` IAN CITY OF IOWA CITY Date Tuesday, December 3, 2013 City Council Tentative Meeting Schedule I IN Subject to change November 27, 2013 Time Me 5:00 PM Special Formal / Ex. Session Work Session Meeting Location Emma J. Harvat Hall Work Session Meeting Work Session Meeting 7:00 PM Formal Meeting Tuesday, December 17, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Saturday, January 4, 2014 8AM -5PM Spec. Formal (Organizational Mtg.) Emma J. Harvat Hall Special BUDGET Work Session Meeting (Department presentations) Monday, January 6, 2014 1:00- 7:0013M Special BUDGET Work Session Meeting Emma J. Harvat Hall (CIP presentations) Tuesday, January 7, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, January 14, 2014 5:00 PM Special BUDGET Work Session Meeting Emma J. Harvat Hall Tuesday, January 21, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Monday, January 27, 2014 4:30 PM Joint Meeting /Work Session TBA / Coralville Tuesday, February 4, 2014 5:00 PM City Conference Board Meeting Emma J. Harvat Hall Work Session Meeting Work Session Meeting I r 1 I W2 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356 -5000 (319) 356 -5009 FAX www.icgov.org Special Formal / Executive Session 5:00 PM — separate agenda posted City Council Work Session Agenda December 3, 2013 Following 5:00 PM Special Formal Meeting Emma J. Harvat Hall - City Hall 410 E. Washington Street • Questions from Council re Agenda Items • Update on Landfill Alternative Technology RFP • Discuss sidewalk repair program • Information Packet Discussion [November 14, 21, 27] • Council Time • Meeting Schedule ■ Pending Work Session Topics [IP # 3 of 11/27 Info Packet] ■ Upcoming Community Events /Council Invitations - Ws.as._ CITY OF IOWA CITY PENDING CITY COUNCIL WORK SESSION TOPICS November 27, 2013 December 17, 2013 1. Continue the discussion on the Gateway Project design parameters Pending Topics to be Scheduled 1. Discuss community business attraction and anti - piracy compact 2. Discuss Gilbert/Highland/Kirkwood neighborhood concerns 3. Review the National League of Cities Institute for Youth, Education and Families report entitled, "City Leadership to Promote Black Male Achievement" (originally distributed in the 5/16/2013 Information Packet) 4. Discuss recycling opportunities for multi - family housing (UISG letter in 10/1/2013 packet) r -- CITY OF IOWA CITY P4 MEMORANDUM Date: November 27, 2013 To: Mayor and City Council From: Marian K. Karr, City Clerk ft, Re: Meeting Schedule At your orientation meeting on Monday evening Council directed staff to establish a yearly schedule of Council meetings based on the current resolution establishing formal Council meetings on the first and third Tuesday of each month. It was noted that sometimes the School District meetings and Council meetings are the same evening. The School Board meetings are scheduled on the second and fourth Tuesday of each month, unless special scheduling is necessary. Therefore, the first and third would avoid such conflicts. Another consideration might be a concern raised by incoming Council Member Botchway regarding possible conflicts on Tuesday evenings with Johnson County elections. Council could consider changing meetings from Tuesday evening to Monday or Wednesday evening. It should be noted that there are some holidays that fall on Mondays (Martin Luther King Day; President's Day; Memorial Day; and Labor Day). Other holidays are more date or time specific like the 4th of July, Thanksgiving, Christmas, Hanukkah, etc. If Council is interested in pursuing meetings on a different evening staff can prepare a resolution for an upcoming meeting. Staff will proceed to schedule the first and third Tuesday of each month after April 1St unless directed otherwise. ► r i am CITY OF IOWA CITY M Date: November 27, 2013 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Chamber Annual Banquet The 2014 Iowa City Area Chamber of Commerce annual banquet will be held on Thursday, January 24, at the Coralville Marriott from starting at 5:00 PM. The speaker will be Daniel A. Reed, Vice President for Research and Economic Development, University of Iowa. If you are interested in attending please let me know. From the City Manager IP6 GOVERNING THE STATES AND LOCALITIES Economic Engines Do Millennials Want to Call Your City"Home'? Millions of millennials will soon be putting down roots. Cities and suburbs that are less attractive to them have a limited window to turn things around. BY WILLIAM FULTON I NOVEMBER 2012 knew the "brain drain" problem had reached a crisis point when they started talking about it in Boston. You know the story: Kids move to where they want to live and then look for a job, not the other way around. They're drawn to a small number of hip metro areas (D.C., San Francisco, Seattle) and smaller cities (Boulder, Colo.; Missoula, Mont.; Palo Alto, Calif.) around the country and hip employers follow them. The result is an upward cycle of talent and jobs and business growth in the fashionable places, and a downward cycle everywhere else. It's not unusual to hear people complain about this problem in Middle America, or in second - tier cities without a big university, or in populous but aging suburban locations such as Long Island, N.Y. But it's not a common thing to hear about in a place like Boston, which has the greatest concentration of universities in the country, lots of cool neighborhoods and a big chunk of the innovation economy. The problem, Massachusetts economic development folks say, is that metro Boston is so expensive they can't keep the kids, especially after those kids begin to have their own kids. Yes, they can live in tiny city apartments, or maybe in a pleasant older suburb like Newton -- if they can afford it. After that, they are living somewhere beyond Interstate 495 and the reach of most commuter rail lines. What Boston needs, the experts say, is more starter homes in interesting, transit -rich locations. Don't we all. If Boston can't stop the brain drain, is there any hope for the rest of us? Yes, but it requires a concentrated effort to create compelling places to live and work -- and fast. Because of the demographics of young talent, the cities and suburbs on the downward cycle have a limited window to turn things around: ten years at most, and maybe no more than five. Here are the facts most people know: For the foreseeable future, the so- called millennials (currently ages 18 -30) will drive both the housing market and the fast - growing innovation economy. It's a huge cohort of about 70 million people. And as I mentioned above, they are gravitating toward a select group of metros and small cities. But there are a couple of other facts that we don't usually think about. Most people settle down by age 35, and usually don't move from one metro area to another after that. And the demographic group behind the millennials is a lot smaller. Just like baby boomers, the preferences of the millennials will drive our society for two generations. They're making location decisions based on their idea of quality of life. And they're going to make all those decisions in the next few years -- by the time they're 35. So if you're not one of the hip places today, you have only a few years -- the length of one real estate cycle and the time horizon for planning an infrastructure project -- to become hip enough to keep your kids and attract others. This might seem like a daunting, if not insurmountable, challenge, but frankly I'm encouraged by what I see. Over the last six months I've been to many second -tier cities -- Omaha, Neb.; Oklahoma City; Richmond, Va.; Syracuse, Buffalo and Rochester, N.Y.; and Manchester, N.H., among them -- that would not to be good candidates for a hip urban core. Yet they're all developing one. Nebraska's conservative Republican governor, Dave Heineman, took the opportunity of hosting a National Governors Association event in Omaha to show off downtown lofts and restaurants. In Oklahoma City, Republican Mayor Mick Cornett, who lives a block from City Hall, has championed urban reinvestment -- one of his latest projects is a streetcar line. In Manchester, the old mills bordering downtown are being refurbished. In Syracuse, where the urban core is adjacent to a prominent research university, several hundred housing units have been created in historic buildings, attracting many new downtown residents, including my onetime roommate, who moved back downtown after 20 years of living in a ritzy, cutesy suburb. The lesson for me is that even though the window is short, there's still time for second -tier cities and older suburbs to create the compelling places that will be required to succeed in the 21 st- century economy. Most people -- even millennials -- want to live near their families and near where they grew up, meaning that if you can create interesting places, they're likelier to stay. And you don't need the endless hip urban fabric of New York or D.C. to compete. You just need a few great neighborhoods for people to live and work in. For most cities, that's an achievable goal. In his recent book, The New Geography of Jobs, economist Enrico Moretti of the University of California, Berkeley, noted that the current pattern of winners and losers is good for the national economy even if it's bad for most cities, because the innovation economy thrives on agglomeration. That's probably true, at least in the short run. But in the long run, it's surely better to have more compelling places -- large and small -- that can attract their share of young talent and economic buzz. America's prosperity will be more enduring as a result. Why Mayors Can't Combat Income Inequality - NYTimes.com Page 1 L:MFrom the City Manager November 26, 2013 Mind the Gap By ADAM DAVIDSON At the not - yet - completed One57, a luxury residential tower off Central Park, the unsold floor - through apartments are going for $53 million and up. The penthouse sold for more than $go million. One57 will be the tallest residence in the Western Hemisphere (until another luxury high -rise on Park Avenue is completed in 2015), and on a clear day, residents on the top floors should be able to just make out the South Bronx. A large proportion of the buyers likely won't live in New York; they will keep the units as decadent pieds -a - terre. I initially felt anger and disgust at the idea of absentee billionaires hoarding Manhattan real estate, making the city even more unaffordable while they live like princes in Moscow or Hong Kong or wherever. But then I did the math. Assuming that their money has to go somewhere, it's not so bad that these billionaires choose to put a chunk of it here. Any city official in Dayton or, for that matter, Philadelphia would do anything to have such problems. Yet frustration with becoming a central node in the global network of massive wealth was a centerpiece of New York's recent mayoral campaign. Bill de Blasio didn't mention One57 by name in the speech that defined his candidacy, the one in which he described a tale of two cities — one obscenely rich, the other miserably poor — but you could argue that his campaign against inequality wouldn't have been so successful were it not for the proliferation of places like this. But what the tower's affluent quasi residents really make clear is that New York's inequality is hardly a local phenomenon. Most New Yorkers were born somewhere else. Nearly half speak a foreign language at home, and countless others come to the city from somewhere else in the United States. New York's inequality is determined by events taking place far beyond the Hudson River or, even, the Atlantic Ocean. Benjamin Barber, the political theorist and author of "If Mayors Ruled the World," is wildly biased in favor of de Blasio. He says he voted for him, has met with him to offer advice and works at LUNY, an institution the mayor -elect promises to fund generously. For all that, Barber has not been swayed by de Blasio's soaring rhetoric about reducing the gap between rich and poor. "Obviously, he wouldn't want to disengage New York City from its role in global finance, real estate," he said. De Blasio knows that being mayor of the financial capital of the United States offers great benefits. After all, nearly every significant transaction in the United States — from an Iowa farmer's line of credit to a major bond issue in Maine — runs through some desk in Manhattan where somebody gets a cut. And the city gets a cut of that cut. Barber points out that mayors, unlike legislators, are generally less dogmatic once they are sworn into office. "The distance between Bloomberg and de Blasio is not as great as the media — and the two men — have made out," he said. "Being a mayor is about solving problems and not about striking ideological poses." http: / /www.nytimes.com/2013/ 12/01 /magazine/ why- mayors -cant- combat - income - inequality.html ?hp &_... 11/26/2013 Why Mayors Can't Combat Income Inequality - NYTimes.com Page 2 Edward Glaeser, an economist at Harvard, is Barber's political opposite. His book, "The Triumph of the City," is an eloquent attack on many of the policies de Blasio argues for, like targeted protections for certain kinds of industries and expansion of government housing. But appropriately, for all their differences, Glaeser and Barber agree that ideology doesn't matter much when mayors actually govern. There are policies that could reduce inequality on the national level, like improving schools everywhere or altering the tax code, Glaeser points out, but the opposite is true on a local level; when local governments improve their schools or create more progressive taxes, they may increase inequality locally by attracting more poor people. Glaeser says one way to significantly lessen inequality in the city would be to aggressively repel either the very poor or the very rich. De Blasio, thankfully, will do neither. Much has been made of de Blasio's call for higher taxes on the rich to finance better education for the poor. But his actual policy proposal is the tiniest possible tweak. People making more than half a million a year will pay an additional half a percent in New York City income tax. (For most, this will mean a few hundred to a few thousand dollars a year.) His spokesman, Jonathan Rosen, explained that the increase was designed to help bring the children of poor New Yorkers into the middle class without encouraging wealthy people to leave the city because of the tax burden. Whatever de Blasio does, Glaeser argues, the city will continue to attract both the superrich and the poor, and there will be less space occupied by the middle class. The gap between rich and poor has grown significantly over the past 35 years in nearly every nation, and especially in large cities. "Globalization and new technology have made cities more, not less, valuable," Glaeser said. This is because the most profitable businesses no longer involve heavy machinery; they are rooted in ideas, which, it turns out, spread most effectively when knowledge workers are densely packed together. The top handful of major metropolitan areas — New York, Chicago, Los Angeles — account for a hugely disproportionate share of overall U.S. economic growth, Glaeser says. There is every reason to believe this trend will continue and, most likely, increase. That will draw even more of the high- earning elite to big cities and many of the poor, too, seeking jobs and assistance in these centers of economic growth. Barber and Glaeser agreed that however powerless de Blasio may be over these historic global trends, he does have one crucial power that he has already begun using: He can set a tone for the city as a place open to the poor and the middle class. His campaign to fight inequality could, paradoxically, make New York even more unequal. But if that inequality is a byproduct of New York's serving as a global symbol of opportunity, de Blasio's landslide victory suggests that most New Yorkers will be thrilled. Adam Davidson is co-founder of NPR's "Planet Money," a podcast and blog. http: / /www.nytimes.com/2013/ 12/01 /magazine/ why- mayors- cant - combat - income - inequality.html ?hp &_... 11/26/2013 From: HumanRights Sent: Monday, November 25, 2013 8:10 AM To: Marian Karr; Tom Markus Subject: FW: Iowa City Citizens Survey Attachments: Comparison of Census to Survey Respondents 2013.pdf For next available Council Packet. From: Coulter, Joe D [mailto:joe- coulter @uiowa.edu] Sent: Friday, November 22, 2013 1:14 PM To: Stefanie Bowers Subject: Iowa City Citizens Survey Stefanie: Attached here is additional comparison data on the Citizen Survey. You're welcome to distribute as you wish. Joe Joe D. Coulter, Ph.D. Professor Community and Behavioral Health College of Public Health 105 River Street, N414 CPHB The University of Iowa Phone (319) 384 -1478 Iowa City, Iowa 52242 FAX (319) 384 -4106 Joe Dan Coulter City of Iowa City Citizen Survey 2013 11/22/2013 Comparison of Census Data* with Survey Respondents 1. Iowa City population 2012 estimate *: 70,133 (100X► of population 2012) Citizen Survey Respondents: 499 (0.071% of population 2012) Iowa City population 2010 estimate *: 67,894 (100% of population 2010) Citizen Survey Respondents: 499 (0.073% of population 2010) 2. White alone population 2010 *: Citizen Survey Respondents 3. Ruck or African Amer. population 2010 *: Citizen Survey Respondents: 4. Amer. Indian /Alaska blot. population 2010 *: Citizen Survey Respondents: S. Astern, Indian or Pacific islander 2010 *: Citizen Survey Respondents: 6. Hispanic/Latino population 2010 *: Citizen Survey Respondents: 7. Female Persons 2010 *: Citizen Survey Respondents: 8. Persons under 18 years 2010* Citizen Survey Respondents: 9. Persons 18 years to 65 years 2010* Citizen Survey Respondents: 10. Persons 65 years and over 2010* Citizen Survey Respondents 11. Median Household Income, 2007- 2011 *: Citizen Survey Respondents: 56,012 (82.5% of population 2010) 471 (95.0% of Survey Respondents) 3,938 (5.8% of population 2010) 5 (1.0% of Survey Respondents) 136 (0.2% of population 2010) 3 (1.0% of Survey Respondents) 4,685 (6.9% of population 2010) 15 (3.0% of Survey Respondents) 3,598 (5.3% of population 2010) 11(2.0% of Survey Respondents) 34,151(50.3% of population 2010) 299 (60.0% of Survey Respondents) 10,111(14.9% of population 2010) 0 (0.0% of Survey Respondents) 52,210 (76.9% of population 2010) 364 (73.0% of Survey Respondents) 5,567 ( 8.2% of population 2010) 140 (28.0% of Survey Respondents) $41,956 (50% < $41,956: 50%> $41,956) (27% < $49,999: 74% > $50,000) *Source U.S. Census Bureau: State and County QuickFacts. Data derived from Population Estimates, American Community Survey, Census of Population and tloustn;, County Business Patterns, Economic Census, Survey of Business Owners, Building Perms, Census of Governments - Last Revised: Thursday, 27- Jun - 201314:02:29 EDT http:./ Iau lcihcts .cer*us.goy /afd /statti/19 S9MM.htrrJ Compiled by: Joe O. Coulter 1818 N. Dubuque Street, Iowa City, IA 52245 From: Tom Markus Sent: Monday, November 25, 2013 11:47 AM To: Marian Karr Subject: FW: S. Dodge St. Add to info packet. From: Jeff Davidson Sent: Monday, November 25, 2013 11:45 AM To: 'James Throgmorton' Cc: Tom Markus Subject: RE: S. Dodge St. Hello Jim. Mike McLaughlin demolished 3 or 4 houses on Dodge, and intends to replace them with two student housing apartment buildings. He has the right to build 11 units. Because it's the RM -12 zone, he can do all 3 bedroom units if he wants. He's brought in the first building for approval; 6 units, all 3 bedrooms. JD From: James Throgmorton [mailto:jthrogmo @yahoo.com] Sent: Monday, November 25, 2013 9:04 AM To: Jeff Davidson Subject: S. Dodge St. Hi Jeff. I see that someone has demolished 2+ buildings on the west side of S. Dodge St near the intersection of Dodge and Bowery. If I understand correctly, the site is located within a RM -12 district. Who demolished the buildings, and what do they plan to build in their stead? Jim � r j IP10 . Ik wlUoortro� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org November 15, 2013 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Maintenance Worker I — Water Customer Service Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Maintenance Worker I — Water Customer Service, Curt Beckler IOWA CITY CIVIL SERVICE COMMISSION Lyra . Dickerson, Chair M IPII Thanksgiving Holiday Schedule Announced For City Of Iowa City Posted on Wednesday, November 20, 2013 at 8:42 AM City of Iowa City administrative offices at City Hall and other facilities will be closed Thursday and Friday, November 28 and 29, for the Thanksgiving holiday. Other closures or adjustments to schedules for the holiday are as follows: AIRPORT: The administration office will be closed Thursday and Friday. Jet Air will be available via callout number 319/248 -1200 on Thursday and will be open regular hours on Friday. Self- service jet -a and avgas fueling will be available around the clock. ANIMAL CARE AND ADOPTION CENTER: Closed both days. LANDFILL AND RECYCLING CENTER: Closed Thursday, but open regular hours on Friday, from 7 a.m. to 4:30 p.m. LIBRARY: The Library will be closing at 5 p.m. on Wednesday. It will be closed all day Thursday. Friday hours will be 10 a.m. to 6 p.m. PARKING: Parking operations and offices will be closed Thursday, Friday, and Saturday. On- street metered and ramp parking will be free on those days to accommodate holiday visitors and shoppers. PARKS AND RECREATION: On Wednesday, November 27, pools at both recreational facilities will close at 4 p.m. and all Parks and Recreation facilities and offices will close at 5 p.m. On Thanksgiving Day, all facilities will be closed. On Friday, Parks and Recreation offices will be closed, but recreation centers will be open as follows: Mercer /Scanlon, 11 a.m. to 8 p.m., and Robert A. Lee Recreation Center, 1 to 9 p.m. Pools at both facilities will open at 1 p.m. POLICE: Patrol personnel and station masters will be on duty, and the Police Department front desk will be open. SENIOR CENTER: The Senior Center will be closed on Thanksgiving, but senior meals will be served and delivered. On Friday, the center will be closed, and senior meals will not be available, either at the Senior Center or by delivery. SOLID WASTE: Refuse, recycling, and yard waste will not be collected on Thanksgiving Day. Operations will resume on Friday, when both Thursday and Friday routes will be collected. Residents on these routes should place materials at the curb by 7 a.m. on Friday, although the City cannot determine exactly what time the items will be collected. TRANSIT: Buses will not run on Thanksgiving. On Friday and Saturday, buses will run on a Saturday service schedule, free of charge. The office will be closed all three days. WATER: The Water Division office will be closed both days, but a 24 -hour emergency line and on -call staff will be available. Residents who have a water emergency should call 319/356 -5166 for assistance. City offices and operations will return to normal schedules on Monday, December 2. For more information, contact Shannon McMahon, Communications Coordinator, at 319/356 -5058 or e-mail Shannon - mcmahon(&- iowa- city.ora. Contact Information Name: Shannon McMahon Email: Send Mail Phone: (319) 356 -5058 Housing Trust Fund lohnsod County Board ofDirectors IP12 Housing Trust Fund of Johnson County 322 East Second Street Iowa City, IA 52240 Email: tachcnbach @htfjc.org Website: www.htfjc.org Office: 319.358.0212 Fax: 319.358.0053 Bob Dvorsky, President State Senator, 1r District Bob Burns, Co- President -elect NOTICE OF FUNDING OPPORTUNITY Burns & Burns, LC. Ellen Habel, Co- President -elect Ciy of Coralville Ron Mavrias, Secretary Private Citizen John Warren, Treasurer HOUSING TRUST FUND ACCEPTING APPLICATIONS Bergan Paulsen Jerry Anthony, Universiy of The Housing Trust Fund of Johnson County is currently offering $325,000 in funding to Iowa, Urban & Regional Planning support the development and /or rehabilitation of housing for income qualified Robert Brooks, Private Citi .Zen households. Note: Funding will be awarded to applicants who support housing Crissy Canganelli, Shelter House development or activities for low income households (80% or below AMI), but preference may be given to projects that benefit extremely low income households Maryann Dennis, Ex- officio (30% or below AMI). Eligible applicants include businesses, nonprofits, builders, The Housing Fellowship developers, and governmental agencies seeking funds for affordable owner- occupied, Kirsten Frey, Kennedy, Cruise, rental, transitional or emergency housing in Johnson County. Frey and Gelner Steve Gordon, AM Management The application deadline is 4 p.m. on Friday, December 20t ", 2013. An application, Chris LeFever, US Bank AMI guidelines, and additional information may be found online at www.htfjjc.org or by calling 319 - 358 -0212. Steve Long, Iowa Ciy Planning & Communiy Development Tracey Mulcahey, City of North Liberty Phil O'Brien, Lepic Kroeger Realtors Scott Schroeder, Mid lestOne Bank Rod Sullivan, Johnson County Board of Supervisors Larry Wilson, Universiy Heights Citi .Zen Staff Tracey Achenbach, Executive Director Kelly Wenman, Operations Coordinator =1 MINUTES BOARD OF ADJUSTMENT NOVEMBER 13, 2013 — 5:15 PM CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: PRELIMINARY Larry Baker, Gene Chrischilles, Connie Goeb, Brock Grenis, Becky Soglin None. Sarah Walz, Sue Dulek RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: CONSIDERATION OF SEPTEMBER 18 2013 MEETING MINUTES Soglin moved to approve. Baker seconded the motion. A vote was taken and the motion carried 5 -0. SPECIAL EXCEPTION ITEM EXC13- 00015: Discussion of an application submitted Tom Kemmerer for a special exception to allow conversion of a non - conforming use that is located in a structure designed for a use that is prohibited in the zone to allow conversion to another non - conforming use of the same or lesser intensity; and a historic preservation exception to modify the site development standards (parking) to allow re -use of the historic property located in the High Density Multi - Family (RM- 44) zone at 518 Bowery Street. Walz said the applicant contacted her today and said he would like to defer this application. Walz recommended that he defer the application until the January meeting of the Board. Chrischilles moved to defer EXC13 -00015 to January 2014. Board of Adjustment November 13, 2013 Page 2 of 3 Goeb seconded. A vote was taken and the motion carried 5 -0. OTHER: Members of the Board discussed their experiences at the American Planning Association meeting. Soglin said that based on what she learned there, Iowa City is doing almost everything right, and she complimented Walz on how she conducts the meetings of the Board. ADJOURNMENT: Chrischilles moved to adjourn. Baker seconded. The meeting was adjourned on a 5 -0 vote. H z W N D Q LL OC a O m D 0 W Ir W z Q zz W F- Q M r O N N T- CD N N U) X W 4) y a) CL Q Q II II II XOO w Y X X x X X 0 X X X X X o� r N X X X X w 0 X X X X n N x i x x i i x tC X x X X X 0 X x X X X V) LLJ x X X X M co T- LU x X x X N =' x x x x N N X X X X X x X X X X x r- LO ( v LO w w W o 0 0 0 0 0 0 LU r- F W z W W z w J O W U z J V LU Q m N m J U C V z R z N w = Q Q O z x 0 z m 0 O V -7 w (j) N U) X W 4) y a) CL Q Q II II II XOO w Y M PLANNING AND ZONING COMMISSION PRELIMINARY NOVEMBER 7,— 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Phoebe Martin, Paula Swygard, Jodie Theobald, John Thomas MEMBERS ABSENT: Anne Freerks STAFF PRESENT: Karen Howard, Bob Miklo, Sarah Holecek, Eric Goers OTHERS PRESENT: Mary Gravitt, Kevin O'Brien, Matthew Barron, Mark Seabold, Michael Mulenbruch, Ruth Baker RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 6 -0 to recommend approval of REZ13- 00022, a rezoning of approximately 2.5 -acres of land from Community Commercial (CC -2) zone to Planned Development Overlay /Community Commercial (OPD /CC -2) for property located at 21 West Benton Street and 820 South Riverside Drive and that it be approved subject to the five conditions entered into the record by staff during the presentation this evening which are: 1) The final design of the development and the resulting encroachment into the required stream corridor buffer will not prevent construction of the Iowa River Corridor Trail; and 2) Prior to approval of the final planned development plan, the owner will dedicate to the City of Iowa City, 10 feet of property along the Riverside Drive frontage of property at 820 S. Riverside Drive to use for public right -of -way purposes; and 3) Prior to approval of the final planned development plan, the owner will establish a cross access easement between the property at 21 W. Benton and the property at 804 S. Riverside Drive (McDonald's restaurant property) at a location acceptable to the City and will agree to close the access point to Benton Street from 21 W. Benton St. and combine and share an access with the property at 804 S. Riverside Drive when that property redevelops through use of the cross access easement; and 4) The applicant will present a more detailed pedestrian circulation and landscaping plan for the site and for the areas along the Iowa River to the City for approval through the design review process prior to issuance of a building permit. The submitted plan should show enhanced vegetation appropriate for the location along the Iowa River, street trees, and landscaped pedestrian routes throughout the site; and 5) The final design of the buildings and the site will be reviewed and approved through the design review process to be consistent with the Riverfront Crossings Master Plan and other zoning requirements. CALL TO ORDER: The meeting was called to order by Vice -Chair Eastham at 7:00 PM. Planning and Zoning Commission November 7, 2013 - Formal Page 2 of 11 PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Mary Gravitt of 2714 Wayne said she would like to know if the words "workforce housing" are now part of the City Code. She said she finds the term very insulting and asked what happened to the term "affordable housing ". She said the term "workforce housing" appeared when Marc Moen decided to build skyscrapers. Holecek said they have not codified it in any way. Gravitt asked if the term "affordable housing" is a legal term in the Code. Holecek responded that it's in a number of City documents, including City Steps and the Strategic Plans. Rezoning Item REZ13 -00022 Discussion of an application submitted by Iowa River Redevelopment, LLC for a rezoning of approximately 2.5 -acres of property from Community Commercial (CC -2) zone to Planned Development Overlay /Community Commercial (OPD /CC -2) zone located at 21 W. Benton Street and 820 S. Riverside Drive. Howard showed a number of slides of the proposed development and of the property and the neighborhood. She said the applicant purchased this property from Staples and a condition of the sale was that they develop a small retail building next to the Staples property. She explained that what a Planned Development allows an applicant to do is to adjust the plan to further a vision they have by modifying certain underlying zoning requirements. She said in this case they would like to realize the vision of the Riverfront Crossings Plan. She said the proposed building encroaches into the stream corridor buffer. She said the City requires through the Sensitive Areas Ordinance a fifty foot buffer along the Iowa River. Howard said the applicant would like to build closer to the river because they are constrained by the McDonalds and Stapes sites to get the parking they need, and they would like to integrate the building into the riverbank and put in underground parking that is floodable. She showed examples of what that would look like in the ten, one - hundred and five - hundred year flood. She said all the occupied space in the building is above the five - hundred year flood plain. She said the applicant is also proposing public access to the river, construction of the riverfront trail under the Benton Street Bridge, enhanced landscaping along the river, decorative metal screening to hide the parking, and a rooftop terrace. Howard explained that the concept plan proposes parking, retail and restaurant space on the first level, then open space for access to a river terrace, above that would be office space, and then eighteen units of condos on the upper floors. Howard explained that the smaller retail building would use the existing parking lot on the Staples property. She showed a drawing of the proposed plan. Howard said that this proposal goes a long way toward meeting the goals in the Comprehensive Plan for the West Riverfront Sub - District. She said the applicant has agreed to dedicate ten feet along Riverside Drive in order to create a more pedestrian - friendly streetscape in the future. Howard said the applicant has requested an increase in allowable building height from the thirty - five feet that the CC -2 zone allows to up ninety -five feet for the building they are proposing. She said this increased height would be consistent with the Riverfront Crossings Master Plan, which identifies the opportunity for taller mixed -use buildings along the Iowa to take advantage of river Planning and Zoning Commission November 7, 2013 - Formal Page 3 of 11 views and access. Howard reiterated that the applicant is requesting a reduction in the stream corridor buffer. She said because the site is quite constrained by its surroundings, it would be difficult for them to get the parking they need and realize the vision of the Riverfront Crossings Plan without a reduction in that buffer. She said as a part of any significant reduction, the City requires that the vegetative cover in the remaining buffer be enhanced to stabilize the river bank, so staff is recommending that the applicant submit a more detailed landscaping plan with species appropriate to a riverbank location as a condition of approval. Howard noted that because the trail will encroach into the Iowa River Floodway the applicant must obtain a Department of Natural Resources (DNR) permit to show that there's no rise in the flood level for any encroachment into the floodway. She said they are currently in the process of doing that, so there are some uncertainties of exactly how the building and the trail are going to interface. She said the applicant has presented both the preferred scenario, which is to keep the trail above the 10 year flood level and the worst case scenario, where the trail would be constructed below the 10 year flood level. The applicant has indicated their intent to achieve the preferred scenario, but if after modeling this scenario for the DNR permit it is apparent that it will cause increased flooding downstream, they request allowance to move the trail lower. Staff is comfortable with this approach, as long as the resulting encroachment of the development into the river corridor buffer doesn't foreclose the possibility of extending the trail and the creation of an attractive interface between the trail and the building. Howard noted that the plans for the building design and the site are just conceptual in nature, and there a number of changes that will be necessary to meet all the City's site development standards, improve pedestrian connections, landscaping standards, and details of the building designs to realize the vision of the Riverfront Crossings Plan. However, staff is comfortable with recommending approval with a condition that these details be worked out through the design review process. Howard said that staff feels this is ready for approval with the conditions listed in the staff report that she wishes to be entered into the public record. • Staff recommends that REZ13- 00022, a rezoning of approximately 2.5 acres of land from Community Commercial (CC -2) to Planned Development Overlay — Community Commercial (OPD -CC -2) for property located at 21 W. Benton Street and 820 Riverside Drive, be approved subject to the following conditions: 1) The final design of the development and the resulting encroachment into the required stream corridor buffer will not prevent construction of the Iowa River Corridor Trail; and 2) Prior to approval of the final planned development plan, the owner will dedicate to the City of Iowa City, 10 feet of property along the Riverside Drive frontage of property at 820 S. Riverside Drive to use for public right -of -way purposes; and 3) Prior to approval of the final planned development plan, the owner will establish a cross access easement between the property at 21 W. Benton and the property at 804 S. Riverside Drive (McDonald's restaurant property) at a location acceptable to the City and will agree to close the access point to Benton Street from 21 W. Benton St. and combine and share an access with the property at 804 S. Riverside Drive when that property redevelops through use of the cross access easement; and 4) The applicant will present a more detailed pedestrian circulation and landscaping plan for the site and for the areas along the Iowa River to the City for approval through the design review process prior to issuance of a building permit. The submitted plan should show enhanced vegetation appropriate for the location along the Iowa River, street trees, and landscaped pedestrian routes throughout the site; and Planning and Zoning Commission November 7, 2013 - Formal Page 4 of 11 5) The final design of the buildings and the site will be reviewed and approved through the design review process to be consistent with the Riverfront Crossings Master Plan and other zoning requirements. Theobald asked about the DNR permit. Howard said the applicant has to show that it won't affect the flood capacity of the rest of the river. Swygard asked about the trail and the landscaping on the trail. Howard said the trail extends to the edge of the commercial property and may be designed in a fashion similar to what's already been built, with rails along some portions. She said the trail would be built to the City's specifications. Thomas asked about the parking requirements. Howard said there is adequate parking with sharing parking with Staples and throughout this whole site, even under the CC -2 zoning standards now for the two new commercial buildings, and the residential parking will be in a below grade structure under the new building along the river. Thomas wondered if there may be an opportunity to reduce the total amount of parking from what's shown on the plans to create a better environment for pedestrians, particularly if people will be living in this location. Howard acknowledged that currently the area along Riverside Drive is an auto - oriented area, so businesses are going to insist on having a certain amount of parking. She said while the Riverfront Crossings Code will likely have a lower parking requirement, it does not set a maximum, so allows the market to determine how much parking is needed over time. She said with the parking sharing with Staples, there may be an opportunity to reduce the amount of parking, but the amount of parking will be market - driven, in general. Eastham asked if the number of surface parking spaces for this property is set by the Code requirements. Howard said the parking the applicant is showing on the plan is the parking they would like to have, and it also happens to meet the requirements for the CC -2 zone. Eastham said he agrees with Thomas about the opportunity to require less parking than what is on the current plans. Howard said it is likely that the new code that is adopted for Riverfront Crossings will have a lower parking requirement, such that it could be reduced. Dyer asked if the Mum's driveway will still exist. Howard said it will remain to provide access to this new property, but if the McDonalds redevelops, they would be required to share the driveway and close the Mum's drive. Eastham asked if there are safety concerns about the traffic turning east and west out of both driveways onto Benton Street. Howard said the Traffic Engineers have said it's not ideal, and it should be closed if there's an opportunity to do so in the future. Eastham asked if residents of the condos will have access to the building during a 500 -year flood. Howard said with a 500 -year flood, the building and the parking lot that are to the west of the building are both above the 500 -year flood plain. She said the pedestrian access to the building is on west side, but the parking level would be flooded. Theobald said that Howard had mentioned that the City would reimburse the developers for the trail, but if the DNR says it has to be built lower than the ten year flood would the City be just as committed to constructing the trail. Howard said staff is recommending the condition that if for some reason this development would preclude the construction of a riverfront trail, it should not be approved. She said she doesn't think that's going to be the case. Eastham asked what the width is between the trail and the riverbank and the trail and the building. Howard stated that this would vary based on the water level in the river. Howard said Planning and Zoning Commission November 7, 2013 - Formal Page 5 of 11 staff is recommending as a condition of approval that once the modeling is complete, that the applicant provide a more detailed landscaping plan to show how the trail will relate to the riverbank and the building. Eastham asked if the trail placement has to be lower due to a DNR ruling would this plan come back before the Commission or would the design be handled by Staff. Howard said the design would be negotiated between the Public Works Department and the applicant. Howard said the applicant has presented worst and best -case scenarios and would like the Commission to consider both of them. Eastham asked about a driveway that is a route for the trucks delivering to the dock behind Staples. Howard said the City requires businesses to have a network of driveways and aisles in such large parking lots for better circulation. Eastham asked if the staff considered as a condition additional landscaping in an area of parking stalls to the west of the proposed building. Howard said the only opportunity for enhanced landscaping, due to width requirements of the two -way aisle between the parking spaces, would be between this parking lot and the McDonalds site and whatever they can achieve with planters along their building, which will require some pedestrian access and ramps. Eastham asked if the City will have the authority to approve whatever paving material is used for the parking lot so that it won't deteriorate over time due to the soil conditions on this site and become unsightly. Howard replied that the City does have standards for construction of parking areas, and the developer will have to make sure the soils are appropriate as a base for a parking lot built to City standards. Dyer said she thought in the Riverfront Crossings Plan the parking was supposed to be in back of buildings rather than in front. Howard replied that there are two frontages at this property, Benton Street and Riverside Drive. She said for the new building along Benton Street the parking would be located to the side and underneath the building with the building located closer to the street. She said there is an agreement between the developer and Staples that any new building can't be placed further forward than the Staples building. She explained that this west riverfront area doesn't lend itself well to a form -based code because it's not a typical urban area, so the Code will have a lot of flexibility to mitigate for existing conditions. The goal would be to improve this corridor incrementally over time by increasing the mix of uses and improving conditions for walking and biking. Theobald asked if a reduction in the river buffer zone would preclude public access to the trail. Howard explained that if the applicant can't fit the trail into that space, staff is suggesting that this plan not be approved. Eastham asked who will have responsibility for maintaining the trail on both this property and its extension. Howard said it would be the City's responsibility. Holecek added that the City will secure public access through a public access easement over the trail. Thomas asked if the retaining wall would also be maintained by the City. Howard said it would. Eastham opened public discussion and invited the applicant to speak. Kevin O'Brian of 351 Hutchinson Avenue said if there couldn't be a trail they would not be interested in developing this site, as it would be to the residents' and merchants' advantage to be able to walk and bike downtown. He said they hope that once the river is improved perhaps even for whitewater kayaking this site will be a trailhead and become a gathering point. He said he owns the McDonalds franchises in town, and he hopes that the corporation will let him use Planning and Zoning Commission November 7, 2013 - Formal Page 6 of 11 materials for a remodeling of the adjacent McDonalds that will match those used in the proposed building. O'Brien said that this project will create connectivity from Benton Street to Riverside Drive. Thomas asked if the applicant would be able to modify the landscape on the McDonalds site. O'Brien said they would probably wait until they remodeled the McDonalds site and tie in that landscaping with what they are proposing for the Mumms' site. O'Brien explained that they brought a concept plan to the Board of Adjustment that would have revamped the McDonald's site to look similar to the Mormon Trek site, but the property owners weren't willing to allow the drives to be combined because of what might happen if McDonalds wasn't there in the future. He said he hopes that completion of the proposed project will show the McDonalds landowners that this is a long -term project, but he can't guarantee that. Martin asked what the engineers' findings were of how flooding and moving water will affect erosion underneath the proposed site as time goes on considering the density of this project. Matthew Barron of 1924 Muscatine Avenue, engineer for the applicant, said he has thoroughly reviewed the geo- technical report and said the riverbank conditions have existed for a significant amount of time and the soils are ones that remain after extensive river erosion and the existence of the proposed buildings will not affect that condition. Theobald asked how removing organic soils and replacing them with non - organic materials for back -fill will affect run -off into the river. Barron explained that their standard building practice is to strip away the top layer of decomposable organic material within the footprint of the building and replace it with soil material that's structurally sounder. He said the soil that would be taken out would be under the building footprint for the foundation and that the organic soils surrounding the building would remain as is. Theobald said she assumes that when the DNR looks at flooding, they look at that. Howard said that's one reason staff has suggested they work with the applicant to get an enhanced landscaping plan for the portion of the site where they aren't encroaching into the buffer. Thomas asked about wall height above the river and what the wall would be made of. Mark Seabold, an architect for Shive - Hattery, said that will fluctuate with the height of the river and the trail system and follow the profile of the trail system. Mike Muhlenbruch, civil engineer for Shive - Hattery, said the retaining wall constructed to support the trail will likely be three to four feet above the water surface and will most likely be cast in place concrete. Thomas asked if the trail had to come down closer to the river how high above the river would the trail be. Muhlenbruch said it would be a couple feet above normal river elevation. Eastham asked if the river elevation that occurred this spring and early summer have put this trail under water. Muhlenbruch said with the preferred trail level, which is at an elevation of 742 feet with the wall, the water would not have topped the wall. Martin asked if the removal of some of the larger trees for this project will affect the eagle population in the area. She asked if they would have a problem with eagles nesting on the rooftop garden. The applicants said they would work with it. Eastham asked if there are regulatory considerations where eagles and ospreys may be nesting Planning and Zoning Commission November 7, 2013 - Formal Page 7 of 11 now that would affect development plans. Martin said they are migratory, so they will be here later, and she doesn't know how or if the building and the landscaping will affect that population. Seabold said their landscape architect had visited the site and seen no birds, but they probably would relocate nearby in wooded areas. O'Brien said they think this project will be the gateway for Riverfront Crossings as well as help with the redevelopment of Riverside Drive. He said the applicants would like to expedite the planning process and work with the City in getting the DNR permit and in getting the trail at the desired height. He said they don't want to wait to start work on the rest of the site until they know if they can get the higher trail. Howard stated that they would need to discuss that, but that the understanding was that the modeling would have to be completed prior to commencing construction. Eastham asked what parts of the trail on the west side of the river will be flood -prone between the proposed building and Burlington Street. Muhlenbruch said the point under the Benton Street Bridge will be the lowest point. Eastham asked if there is a way for trail users to get around the trail on this property if it is lower and floods. Muhlenbruch said at the southern end of the property there will be a walk that comes up from the trail. Howard said there are still adjustments to be made to some of the pedestrian connections to ensure that there is a clear route through the property to Riverside Drive and to Benton Street, which would become the alternate routes for the trial if it were to flood. Eastham asked where the air conditioning units will be placed. Seabold said it's an approximately 10,000 square foot roof, and there will be mechanical equipment on it that they will screen from view. Thomas asked how the corridor wall running along the west side of the building will be constructed. Seabold replied that it would be a glass wall looking to the west with a vegetative screen on the outside. He said they are still working on the design of the west facade. Theobald asked how much green space there will be on the roof. Seabold said it would be beyond the ten percent required. Dyer asked if there are plans to seek LEEDs certification for this proposed building. Seabold said not necessarily, but they are looking at all the sustainable strategies they can use. Howard informed the Commission that she received a phone call and an email before the meeting from Tom Bender, a business owner located to the south of the proposed site, and he expressed his support of the development and particularly the extension of the trail that can be extended south to provide benefit the larger area. (Due to a computer glitch Howard was not able to print the email and distribute it to the Commission prior to the meeting, so she wanted to verbally inform the Commission. This correspondence will be distributed to the City Council with the other meeting materials). Eastham asked for public comment. Ruth Baker of 515 Benton Street said this project is something that should be approved. She said O'Brien does a good job of taking care of his properties. She asked for clarification about a sidewalk going out to Riverside Drive. Howard showed Baker how a sidewalk could be integrated into the parking lot. Baker asked if there is a vision for the smaller building on the south side of the site. Planning and Zoning Commission November 7, 2013 - Formal Page 8 of 11 Eastham pointed out a concept plan for that building and said the use has not been determined yet. Howard said the idea is that the building should meet the goals of the Riverfront Crossings Plan. Baker said she liked the idea of taking up some of the Staples large concrete parking expanse. She said this project would be encouraging for other businesses in the area and hopefully a starting point to improve the appearance along Riverside Drive. Eastham closed public discussion. Thomas moved to recommend approval of REZ13- 00022, a rezoning of approximately 2.5- acres of land from Community Commercial (CC -2) zone to Planned Development Overlay /Community Commercial (OPD /CC -2) for property located at 21 West Benton Street and 820 South Riverside Drive and that it be approved subject to the five conditions entered into the record by staff during the presentation this evening. Martin seconded. Theobald said she thinks this is a beautiful building and has obviously had a lot of thought put into it. She said her one concern is the way it addresses the river, and she thinks the eagles are a huge part of that area. She noted that she had recently seen an osprey swooping over the river in that area, and she hopes in the process of more detailed landscape plans that is taken into consideration. She said she thinks the wildlife and the river are a big part of the attractiveness of the area and could be an asset for the building. She said she's really excited about the project. Martin said she completely agrees with that. She asked if there are laws stopping property owners from actively trying to shoo eagles away. Holecek said she didn't know. Eastham asked if staff might give some thought to the Riverfront Crossings Plan's provisions for paying attention to wildlife habitat along the river corridor. Miklo said they discussed at staff level that this was one of the few places where it perhaps made sense to reduce the fifty foot buffer because it's right at the Benton Street Bridge, and it has access to the Ned Ashton Park. Martin said she agrees with where this is at at this stage of the design, but she wants to bring the wildlife habitat issue up so the Commission is thinking about it as there is more development. Eastham asked if during the development of the Riverfront Crossings Plan there was discussion if a fifty foot buffer was enough along both sides of the river for wildlife to use as habitat. Miklo said farther to the south on the east side much of the land will be under public control so there will be a much wider natural area. He said that by reducing the buffer at this site, they are not committed to reducing it anywhere else. It will be on a case by case basis. Thomas said this is a difficult site. He said he thinks the project complies with the Riverfront Crossings Plan in terms of building height and density, but the real challenge is with the context. He said the project succeeds as it relates to the riverfront, and he appreciates the idea of using the trail as a means of connection, but he feels that on the west side of the project there is no connectivity to Riverside Drive. He said as the process continues, he would like to see that addressed so that the area won't simply be an automotive experience, but also a pleasant Planning and Zoning Commission November 7, 2013 - Formal Page 9 of 11 pedestrian experience for people in the neighborhood. He said he really would like to see the site plan taken further before signing off on it. He said he would like to see this as an opportunity for the applicant to redesign the whole corner of Benton Street and Riverside Drive. Theobald asked if the trail on Highway 1 will connect to this one. Miklo said currently it is not planned, but in the long -term they hope to. Swygard said she views this project as very positive for this neglected and under - developed part of town. She said one of the goals with the Riverfront Crossings Plan was to create more of a view of the river, and the proposed building actually will block it from the west. She said the second building blocks any sort of visual corridor, but she likes the way it was designed to blend in with Staples and start to create a visual cohesion for the area. She likes the breeze -way in the center of the main building that will provide for river viewing. She would like to see more windows on the north wall of the second building to open up the building as viewed from the north. She would like rails on the trail to ensure public safety. Eastham said he sees the difficulties in trying to make pedestrian attractiveness fit with this part of Riverside Drive. He said this may be helped by the fact that three -fifths of this building will be residential, unlike any other building currently in this area on the west side of the river. He said the design of the building is very attractive. He said orienting the balconies to face the northeast is a brilliant idea. He said at least they are trying to make some sort of pedestrian utilization of this area. He said they do need to pay attention to the wildlife habitat as they go forward with development of the area. He said this project is a good idea. Swygard said she has a big concern about the two drives, especially the one closest to the bridge, as traffic makes a left -hand turn out of it extremely difficult. Dyer said she's been hoping for years that someone would build a building that's not just a rectangle, but this one is a pretty nice rectangle. She's pleased that it's not privatizing the river. She said interest in maintaining the trail is really important. Eastham commended the staff for working so hard to get the proposal to this point. A vote was taken and the motion carried 6 -0. Consideration of Meeting Minutes: October 17, 2013 Swygard moved to approve the minutes. Theobald seconded. A vote was taken and the motion carried 6 -0. OTHER Holecek introduced Eric Goers from the City Attorney's Office who will be staffing the Commission's meetings during Sara Greenwood Hektoen's absence. ADJOURNMENT: Swygard moved to adjourn. Planning and Zoning Commission November 7, 2013 - Formal Page 10 of 11 Dyer seconded. The meeting was adjourned on a 6 -0 vote. 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HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard, Jodie Theobald, John Thomas MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: None Bob Miklo, Eric Goers Cindy Parsons, Patricia Koza RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 7 -0 to recommend approval of SUB13- 00022, a request for preliminary plat approval of a 3 -lot, 0.75 -acre residential subdivision located at 220 Lexington Avenue subject to review by the City Engineer. 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. Subdivision Item SUB13 -00022 Discussion of an application submitted by Parsons Properties for a preliminary plat of Lexington Green, a 3 -lot, approximately 0.75 -acre residential subdivision located at 220 Lexington Avenue. Miklo showed a location map of the subject property. He said the property is zoned RS -5 Low Density Single Family, which allows single family homes to be constructed on lots of at least 8000 square feet and a width of at least 60 feet. He showed images of the subject property and the neighborhood. He showed a plan of the subdivision and said that all three lots meet the size requirements. He said the Comprehensive Plan shows the subject property as well as the surrounding area as being appropriate for low density single family residential. Miklo said the plat is laid out in accordance with the Subdivision Ordinance. He said unless a preliminary plat doesn't conform to the City's requirements or there is a health or safety issue, the City is obligated to approve a conforming proposal. Miklo said there are steep slopes near the back of the proposed lot #1 but there is no grading proposed within the steep slopes of this subdivision. He said there are some large trees on the proposed subdivision site but they aren't large enough to constitute a grove, which is regulated Planning and Zoning Commission November 21, 2013 - Formal Page 2 of 5 by the Sensitive Areas Ordinance. He said the applicants have indicated that they will work with the City Forester to save as many trees as possible. He said there's a good chance that the trees on the northern portion of the property will be saved, and it may be possible to save some of the others. Freerks asked how far shy it is of a grove. Miklo replied that a grove requires at least ten trees at least ten inches in diameter, and there are seven trees on this property that meet that size requirement. Miklo said the proposed design will require three curb cuts onto Lexington, which should not be an issue because of the low volume of traffic. Miklo said a property of this size can't accommodate the City's requirements for open space so staff is recommending that fees be paid in lieu of and those fees could be used in the nearest park, which is City Park. Miklo said this area has been studied by the Historic Preservation Commission and deemed eligible for the National Register of Historic Properties. He said the Historic Preservation Committee had a neighborhood meeting three years ago to discuss a historic district in this area, but due to some property owner opposition no steps were taken for historic district status, so at this time no Historic Preservation requirements apply to the subject property. Martin asked what the fees are for the green space. Miklo replied that they would be the equivalent of the value of 770 square feet, based on an appraisal or the price of the property. Eastham asked if the sidewalk will be maintained as the subject property is developed. Miklo said it would have to be maintained or replaced to City standards if it is damaged during construction. Eastham said since storm water detention is not required on the subject property can the City make sure that any increased storm run -off be directed toward the street. Miklo said that can be done by the way the gutters are routed, but for developments of this size, run- off is usually insignificant. Freerks opened public discussion. Cindy Parsons, one of the applicants, said she's here to answer questions or address concerns. Martin asked if there will be requirements for what type of housing needs to be on those lots. Parsons said there is nothing definite decided, but most likely the three houses will be built to be compatible with the neighborhood. Patricia Koza of 209 Lexington Street said during demolition of the house formerly on this lot, the sidewalk was unusable and people had to walk in the street. She asked if during demolition and construction an alternative sidewalk has to be provided. Miklo said he did not believe so, but if there is concern staff can work with the applicant to see that the sidewalk closure is minimized during construction. Koza said that trees were removed on the subject property so that they no longer constitute a grove. Miklo replied that owners of single family houses can remove trees, and that is not regulated. Freerks asked Parsons if there were trees removed in the grove area. Parsons replied that she didn't think there was a grove area as defined in the Code. Planning and Zoning Commission November 21, 2013 - Formal Page 3 of 5 Freerks closed public discussion. Eastham moved to recommend approval of SUB13- 00022, a request for preliminary plat approval of a 3-lot, 0.75 -acre residential subdivision located at 220 Lexington Avenue subject to review by the City Engineer. Thomas seconded. Eastham said that the Commission's review of applications for subdivisions is limited to ensure that the proposed use and lot areas meet the zoning requirements, and all that appears to be in order in this case. He said there appear to be no requirements that are imposed by the storm water management or other City codes. Thomas said he's concerned about the definition of a grove and the possibility that trees were removed during the demolition of the house. He said he doesn't like to hear that actions have been taken to try and skirt the City's regulations. Miklo said he's looking at a plat that shows the subject property before the house was removed, and it doesn't look like there were enough trees greater than ten inches in diameter to constitute a grove. He added that if there had been a grove, the Ordinance encourages the retention of as many trees as possible, but doesn't require it. Eastham asked if there are trees that meet the definition of a grove on a property, do the Ordinances prohibit the issuance of a demolition permit and allow the property owner to remove enough trees so there's no longer a grove as defined by the Ordinance. Miklo said if someone owns a single family lot, which the subject property is, and it has a grove of trees, there is nothing that prevents the owner from taking that grove down. He said, though, that if you have a development site and propose a subdivision, then you are not allowed to remove the trees without going through the review process. He said based on the information, he doesn't think that is the case here because the trees didn't constitute a grove. Miklo said if it's done with the intention of developing the site and it's a vacant site, then the Ordinance does apply. Eastham said the way the ordinances exist now, an owner could sell property to a buyer who as a condition of the purchase requires the owner to remove a grove of trees. He said he wasn't talking about this particular instance. Freerks said she does think that is something for the Commission to discuss. She told the applicant that she thinks it's in their best interest to keep the trees that are such an asset to the neighborhood and will make the lots more desirable. She said if the neighborhood and the community are interested, they should pursue historic preservation and contact the City because this is something that will probably continue to occur in this and other neighborhoods where there are large lots scattered in desirable areas. She said she thinks it's up to the neighborhood to say that they want to have something done about that. She said this application complies with all the zoning standards, and she will be voting in favor. A vote was taken and the motion carried 7 -0. Consideration of Meeting Minutes: November 7, 2013 Eastham moved to defer the minutes. Theobald seconded. Planning and Zoning Commission November 21, 2013 - Formal Page 4 of 5 A vote was taken and the motion carried 7 -0. OTHER ADJOURNMENT: Dyer moved to adjourn. Swygard seconded. The meeting was adjourned on a 7 -0 vote. z O N N O U U z Z N z E z J a O U w W U Z D z LU a M r 0 N N r 0 N Z H W W J O V- �xxxxxxx; rn 0 V-XXxxxxx T-Xx�Xxxx oxx -XXXx Lu ooxxoxxx T" MXxxxxXX M CDXX-0 xxxxll NxXxxXXX Lou,x xxxx 0 T- XxXXxxx; NXXxX�XX �xxXxoxx M c4xxxxxxx r o Tm X x X X x X x n 04�Xxxxxx �OXOXXX0 LLJ III III �xxXXXX to xxxO - ; cc V- xxxxxxx; MXXXXOxO Ln XXXXXXx; ��XXXXOO 0 wXXXxx ; xx 2W (o r CD -- (y)rl-LO r- �M XXXXX z z XX z �X0o00o00 W N x x X X X x x M z >- IX Q ��== COCOMI��OOIOM Z Ova =a0? 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SUMMARY OF DISCUSSION Goding reported PATV would hold their annual membership meeting on Nov. 21, 7 p.m., at the Mill restaurant. Several new board members will be elected. Hardy said the city received notice from Alliance Technologies that they have applied to the Iowa Utility Board (IUB) for a state issued franchise to provide video service in an area that includes Iowa City. Alliance indicated they intend to start providing service in Feb. 2014. As a result of Alliance's application, Mediacom informed the city that they have applied to the IUB for a state issued franchise for Iowa City. Mediacom's application is automatically approved once Alliance meets the conditions to provide service, which they have. The existing municipal franchise has been nullified. If Alliance does not provide service by Feb. 2015, the IUB can terminate the franchise and the previous municipal franchise with Mediacom can be reinstated. In addition, Grassley said Mediacom has taken a position that the payment to the city for the support of public access operations is not a fee but a grant and is not subject to the provisions in the Iowa Code requiring the same level of financial support for public, educational, and government local access channels after conversion to a state issued franchise as would have been required by the municipal franchise up until the time the municipal franchise would have expired. Hardy said he would be meeting with city manger Markus and the legal department tomorrow to review the city's options. Bergus noted that the city's contract with PATV is still valid, although the city is not responsible to provide PATV funds if the city does not receive funds from Mediacom. Hardy said the city has received funding for PATV though December. The next draft of the broadband survey narrative was distributed. Hoerschelman said the next major section to be done is the conclusion. Bergus said she was more inclined to separate the survey from specific recommendations the Commission might wish to make to the City Council on how the city might facilitate better broadband service in the area. Brau said he will email a new version of the survey narrative to members and asked them to review and comment so the final draft can soon be completed. APPROVAL OF MINUTES Elias moved and Killburg seconded a motion to approve the amended September 30, 2013 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Hardy referred to the complaint report in the meeting packet and said all issues have been resolved. LOCAL ACCESS CHANNELS REPORTS Bergus noted there were written reports in the meeting packet from PATV, the City Channel, and the library. Goding reported PATV would hold their annual membership meeting on Nov. 21, 7 p.m., at the Mill restaurant. Several new board members will be elected. The next guidelines workshop will be held Nov. 4. PATV will screen their sci-fi miniseries "Moon Zero Three" at the Mill restaurant on Nov. 6. Light reported that Senior Center TV screening during the Senior Center open house and presented information on SCTV. Producers have been discussing strategies to produce more programs, particularly short-form works. CABLE TV ADMINISTRATOR REPORT Hardy said he had nothing to report that is not covered elsewhere in the agenda. MEDIACOM STATE ISSUED FRANCHSE Hardy said the city received notice from Alliance Technologies that they have applied to the Iowa Utility Board (IUB) for a state issued franchise to provide video service in an area that includes Iowa City. Alliance indicated they intend to start providing service in Feb. 2014. As a result of Alliance's application, Mediacom informed the city that they have applied to the IUB for a state issued franchise for Iowa City. Mediacom's application is automatically approved once Alliance meets the conditions to provide service, which they have. The existing municipal franchise has been nullified. If Alliance does not provide service by Feb. 2015, the IUB can terminate the franchise and the previous municipal franchise with Mediacom can be reinstated. Hardy noted that another company, Phalanx Technologies had previously applied for a state issued franchise that covered Iowa City and Mediacom took no action to seek a state issued franchise. Grassley said that following the issuance of a state franchise to Phalanx Mediacom did convert to a state issued franchise in Dubuque, which they used as a test case. Mediacom perceived the Dubuque municipal franchise as more onerous than other municipal franchises. Grassley said it is Mediacom's policy to seek a state issued franchise when available. In addition, Grassley said Mediacom has taken a position that the payment to the city for the support of public access operations is not a fee but a grant and is not subject to the provisions in the Iowa Code requiring the same level of financial support for public, educational, and government local access channels after conversion to a state issued franchise as would have been required by the municipal franchise up until the time the municipal franchise would have expired. Hardy said he would be meeting with city manger Markus and the legal department tomorrow to review the city's options. Bergus noted that the city's contract with PATV is still valid, although the city is not responsible to provide PATV funds if the city does not receive funds from Mediacom. Hardy said the city has received funding for PATV though December. Butler asked Grassley what Mediacom's public relations stance is with regard to state issued franchises. Grassley said Mediacom's policy is to treat all communities the same. BROADBAND SURVEY The next draft of the broadband survey narrative was distributed. Hoerschelman said the next major section to be done is the conclusion. This section might include the goals for broadband service in the future. Ideas on what the city might do and what people think should be done could be included. Recommendations could be formulated. Brau said specific recommendations might be developed separately for consideration by the municipal government and the community. The survey could be used as a supporting document for those recommendations. Bergus said she was more inclined to separate the survey from specific recommendations the Commission might wish to make to the City Council on how the city might facilitate better broadband service in the area. Brau said he will email a new version of the survey narrative to members and asked them to review and comment so the final draft can soon be completed. ADJOURNMENT Homewood moved and Elias seconded a motion to adjourn. The motion was approved unanimously. The meeting was adjourned at 6:29 p.m. Respectfully submitted, VWVK chael 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 6/24/13 x o/c z o/c X 7/22/13 o/c x x x X 9/23/13 x X X X o/c 10/28/13 X X X X x (X) = Present (0) = Absent (O /C) = Absent/Called (Excused)