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HomeMy WebLinkAbout2014-06-26 Info PacketL ��� A.& � PACKET ��' CITY COUNCIL INFORMATION CITY OF IOWA CITY www.icgov.org June 26, 2014 I131 Council Tentative Meeting Schedule June 30 WORK SESSION MEETING IP2 Work Session Agenda MISCELLANEOUS IP3 Memo from City Clerk: Evaluations / Review of City Council Appointees IP4 Memo from Senior Planner: Tate Arms Building Update IP5 Article from City Manager: Affordable Housing That's Very Costly IP6 Article from City Manager: The Limitations of Inclusionary Zoning Explained IP7 Article from City Manager: Roundabouts: A "Old" New Trend IP8 Bar Check Report — May, 2014 IP9 Notice from Asst. City Attorney: Menards voluntary settlement on tax appeal (2013 valuation) IP10 Notice from Asst. City Attorney: Menards voluntary settlement on tax appeal (2014 valuation) DRAFT MINUTES IP11 Citizens Police Review Board: June 11 IP12 Planning and Zoning Commission: June 5 ► A` IN CITY OF IOWA CITY Date Monday, June 30, 2014 City Council Tentative Meeting Schedule IP1 Subject to change Time Meeting Noon Special Formal Work Session Meeting June 26, 2014 Location Emma J. Harvat Hall 7:00 PM Formal Meeting Continued special formal Tuesday, July 1, 2014 CANCELLED Work Session Meeting CANCELLED Formal Meeting Tuesday, July 15, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Monday, July 28, 2014 4:00 PM Joint Meeting /Work Session Tiffin TBA Tuesday, August 5, 2014 CANCELLED Work Session Meeting CANCELLED Formal Meeting Tuesday, August 19, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, September 2, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, September 16, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, October 7, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, October 21, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, November 4, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, November 18, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, December 2, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, December 16 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting � J - - IP2 - •�a.aa._ CITY OF IOWA CITY 410 East Washington Strect Iowa City, Iowa 52240 -1826 (319) 3S6 -5000 (319) 356 -SO09 FAX www.lcgov.org City Council Work Session Agenda June 30, 2014 Emma J. Harvat Hall - City Hall 410 E. Washington Street Following Recessed Formal Meeting ■ Continued Discuss Local Option Sales Tax recommendation [IP # 5 of 6/12 Info Packet and agenda item # 5 of 6/30 formal agenda] ■ Return to formal meeting -. CITY OF IOWA CITY IP3 • -�� MEMORANDUM Date: June 26, 2014 To: Mayor and City Council Members From: Marian K. Karr, City Clerk Re: Evaluations / Reviews of City Council Appointees The Mayor has requested the following information for the June 30 meeting: ➢ Summary of past salary compensations ➢ City of Iowa City wage settlements ➢ FY15 administrative/ confidential pay plan ➢ Information from other Metropolitan Coalition Cities u /eval.15 City Council Appointments Base Salary History [FYO4 -FY14] MANAGER ATTORNEY CLERK Incumbent Hire Date: 12/10 Incumbent Hire Date: 9/97 Incumbent Hire Date: 4/83 1- New Hire 2 - Pension plan Payment 3 - Cash value of 80 hrs accrued vacation paid directly to pension plan 4 - 60% FTE effective October 3, 2000 5 Full health pFeFniuFR 6 - Car allowance, contract amendment 7 - Full medical insurance, contract amendment 8 - Increased Life Insurance 9 - Four (4) additional days of personal time per year added to contract 10 - FTE effective May 5, 2014 s:xlx Salary Add'I Benefit Salary Add'I Benefit Salary Add'I Benefit FY04 3% 3% 3% 2003 $136,926.40 3,6 $57,295.68 4,7 $73,860.80 3 FY05 2.65% 2.65% 2.65% 2004 $140,545.60 3,6 $58,818.24 4,7 $75,816.00 3 FY06 2005 $144,414.40 3,6 $60,440.64 4,7 $77,896.00 3 FY07 2006 $153,088.00 $65,270.40 4,7 $84,136.00 3 FY08 Interim /Acting 6% 6% 2007 $148,000 $69,189.12 4,7 $89,190.40 3 FY09 6.75% 6.75% 2008 $160,000 $73,856.64 4,7 $95,201.60 3 FY10 Interim /Acting 2% 2% 2009 $160,000 $75,329.28 4,7 $97,115.20 3 FY11 2.87% 2.87% 2010 $160,000 1,2,6,8 $77,488.32 4,7 $99,902.40 3 FY12 2% 2% 2011 $160,000 2,6,8 $79,035.84 4,7 $101,899.20 3 FY13 6% 3% 3% 2012 $170,000 2, 6, 8 $81,406.92 4,7 $104,956.80 3 FY14 2.50% 2.50% 2013 $170,000 2,6,8,9 $83,441.28 _ 28 4,7 _ $107,577.60 3 $139,068.80 10 1- New Hire 2 - Pension plan Payment 3 - Cash value of 80 hrs accrued vacation paid directly to pension plan 4 - 60% FTE effective October 3, 2000 5 Full health pFeFniuFR 6 - Car allowance, contract amendment 7 - Full medical insurance, contract amendment 8 - Increased Life Insurance 9 - Four (4) additional days of personal time per year added to contract 10 - FTE effective May 5, 2014 s:xlx City of Iowa City wage Settlements *FY12 December 1.5% ATB for Police will be used to create a ten -year step *"FY95 Fire pay plan further adjusted in April 1995 by 2.78% FA SCME Police Fire Admin /Conf FYI TBD TBD 2% TBD FYI 2.20% 2.20% 2.20% 2.20% FY14 1.25% -1.25% 1.25% -1.25% 1.25% -1.25% 1.25% -1.25% FY13 1.36%-1.5% 1.35%-1.5% 1.35%-1.5% 1.35% -1.5% FYI 1.35%-1.5% 1.35% -1.5 %* 1.35% -1.5% 1.35%-1.5% FYI 1.35% -1.5% 1.35%-1.5% 1.36%-1.5% 1.35%-1.5% FYI 3.10% 3.10% 3.05% 3.10% FY09 3.30% 3.30% 3.30% 3.30% FY08 3.25% 3.25% 3.25% 3.25% FY07 2.85% 3.10% 3.10% 2.85% FY06 2.75% 3% 2.75% 2.75% FY05 2.65% 2.50% 2.75% 2.65% FY04 3% 3% 2.7511/o 3% FY03 3.25% 3.25% 3.25% 3.25% FY02 3.25% 3.25% 3.25% 3.25% FY01 3% 3.25% 3.25% 3% FY00 3% 3% 3% 3% FY99 2%-2% 3% 2%-2% 2%-2% FY98 3% 3% 3.25% 3% FY97 3.25% 2%-2% 2,80% 3.25% FY96 3% 3.25% 3.25% 3% FY95 3% 3% 3% - 2.78 % ** 3% FY94 4% 4% 4% 4% FY93 2.5%-2.5% 2%-3% 2.5%-2.5% 2.5%-2.5% FY92 5% 3.85% 5% 5% FY91 3.50% 3.50% 3.50% 3.50% FY90 3.25% 3.50% 2.75% 3.25% *FY12 December 1.5% ATB for Police will be used to create a ten -year step *"FY95 Fire pay plan further adjusted in April 1995 by 2.78% 3 x 3 C 3 N movtotom 0('W D UOv2 0oo� 0D r� v M a c m+ c t� (t� c 0_ °— o m 0 c co: $ o 0 o a D CL c(Di n 3 " m to 3. v o �° c 3 'w v 01 w o (no �• 3 7 e d (i o w� g m 3 3 o 2.N N_ AO�7 v= �� () A o n tn0 D Q. 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U y c) 0 O L f0 O N G1 0 N O M oO oO Y v 2 v N N (0 O V 0 J �*III-r -10 1 06-26-14 CITY OF IOWA CITY IN MEMORANDUM Date: June 26, 2014 To: Tom Markus, City Manager From: Robert Miklo, Senior Planner Re: Tate Arms Building Update Recently there has been considerable public interest in the future of the Tate Arms building located at 914 S. Dubuque Street. The Riverfront Crossing Plan identifies the property as a key historic building due to its association with Helen Tate and the boarding house that she operated for African American students prior to integration of University dormitories. The Riverfront Crossings District Form Based Code includes zoning incentives that provide bonuses to a developer if they save the Tate Arms building. The bonuses allow greater height and density on the adjacent land and relax parking requirements in exchange for reuse of Tate Arms. Staff has been discussing the property with the owner and we are optimistic that agreement can be reached to save the Tate Arms building as part of redevelopment of the larger property owned by the developer. We anticipate an application to rezone the property from Intensive Commercial (CI -1) to Riverfront Crossing — Central Crossings Subdistrict (RFC -CX) and an application to designate the property as a local Historic Landmark will be submitted within the next few weeks. From the City Manager Affordable Housing That's Very Costly - NYTimes.com � s j http : / /nyti.ms /lkMwkig Edited by David Leonhardt Follow Us: The Upshot Affordable Housing That's Very Costly JUNE 7, 2014 Josh Barro @jbarro Page 1 of 5 Abington House, at 500 West 3oth Street near the High Line in West Chelsea, is a new luxury residential building and, like a lot of new luxury developments in Manhattan, it's extremely expensive. The cheapest two- bedroom apartment now listed there rents for $5,85o a month. That gets you only one bathroom; a two - bed, two -bath can run as high as $8,695. But 78 apartments in the building, or 20 percent of the total, are set aside as affordable housing under New York City's "inclusionary zoning" program_ That means 19 two- bedroom apartments are priced from $687 to $873 — about a 90 percent discount to market rents. Those apartments were granted to 19 households that make from $25,612 to $42,95o a year and won a housing lottery the city held last year. There are two appealing facts about inclusionary zoning: developers pay for it, so it has no direct fiscal cost at a time when direct subsidy dollars for affordable housing are scarce; and it produces economic integration, with high- and low - income households living on the same hallways. This is no small thing in Manhattan, where high housing costs — rents rose 19 percent from 2005 to 2012 http: / /www.nytimes.coml 2014 /06 /08lupshotlaffordable- housing - thats- very- costly.html ?_r=0 6/10/2014 Affordable Housing That's Very Costly - NYTiznes.com Page 2 of 5 — are turning it into an island of exclusivity. On the other hand, the affordable housing units created by inclusionary zoning are extremely expensive. The subsidy to each family getting an affordable two- bedroom unit at Abington House will be worth nearly $90,00o a year. That money could cover rent for several families in a middle- income neighborhood in boroughs outside Manhattan, like Sunnyside, Queens. Inclusionary zoning is especially common in regions with high home prices, like the Northeast and California, and high -price enclaves like Santa Fe, N.M. But New York stands out for its extremely high rents, so the extremely high implicit subsidies are necessary to make the inclusionary units affordable. New York's inclusionary zoning program is voluntary: Developers agree to set aside 20 percent of the units, and, in exchange, they are permitted to build 33 percent more square feet than is otherwise permitted. But many developers, especially those building small and midsize projects, choose not to participate, partly because the implicit subsidy for the affordable units is so high. As a result, inclusionary zoning generated fewer than 3,00o new affordable units from 2005 to mid -2013, according to an analysis from Brad .Lander, a New York City councilman. Mayor Bill de Blasio wants to create more affordable units by making inclusionary zoning mandatory: In areas rezoned to allow more density, developers would have to set aside inclusionary units, whether they used the additional density permitted by the zoning or not. By imposing this mandate, the mayor hopes to get both bigger buildings and more affordable units within those buildings. This approach has met resistance, both within New York and elsewhere around the country. in 2009, a California appeals court threw out mandatory inclusionary zoning requirements because they violated the state's law against new rent controls. Gov. Jerry Brown, who championed residential development as mayor of Oakland, has vetoed mandatory inclusionary zoning proposals twice: once as mayor of Oakland and again, in 2013, as governor. In his 2013 veto message, Governor Brown wrote, "As mayor of Oakland, I saw how difficult it can be to attract development to low- and middle - income communities. Requiring developers to include below- market units in their projects http : / /www.nytimes.comf20l4 /06 /08/ upshot /affordable - housing - thats- very- costly.html ?_r=0 6/10/2014 Affordable Housing That's Very Costly - NYTimes.com Page 3 of 5 can exacerbate these challenges, even while not meaningfully increasing the amount of affordable housing in a given community." Oakland is not New York, and property values in New York are high enough to support new development in spite of regulations, like inclusionary zoning, that could prove cost - prohibitive elsewhere. Still, there are other mandates the city could impose that might be more effective at creating housing that working- and middle -class people could afford. Nathan Newman, the housing activist behind the group More NYC, offers another suggestion: straight up cash. In a recent report, he argued that the city should drop inclusionary zoning and instead offer developers additional density in exchange for cash payments that the city could use to finance affordable housing programs. While Mr. Newman's report overstates the amount of affordable housing a cash fund could create, its core insight remains: Inclusionary zoning generates fewer affordable housing units than a cash equivalent because luxury apartments make for an expensive form of affordable housing. There is a recent precedent for a cash - for - density deal with developers. Near the end of his tenure, former Mayor Michael R. Bloomberg proposed charging office developers $25o a square foot to build bigger office buildings near Grand Central Terminal, money the city would then have spent on infrastructure improvements. Mr. de Blasio is expected to advance a revised version of Mr. Bloomberg's plan. A similar notion could work with residential development, but the difficulty would be turning development fee proceeds into new affordable housing. Benjamin Dulchin, executive director of the Association for Neighborhood and Housing Development, says inclusionary zoning is better than a fee because the scarcest resource for affordable housing in New York isn't money — it's land. "Econ xoi, money equals land, but not in New York City right now," Mr. Dulchin said. If new dollars to subsidize affordable housing end up chasing fixed quantities of land and apartments, that could just drive up rents for middle - income New Yorkers. Mr. Dulchin's analysis assumes that the supply of buildable area in New York City is relatively fixed and that the number of added residential units would necessarily be low. Because of the political barriers to rezoning, and rent l ,ittp: / /www.nytimes.coml20l4 /06/08 /upshot/ affordable - housing- thats- very- costly.html ?_r0 6/10/2014 Affordable Housing That's Very Costly - NYTimes.com Page 4of5 stabilization laws that make it difficult to tear down buildings to build taller ones, his assumption may be reasonable. Efforts to permit more land to be developed or to allow more development on a given piece of land often meet resistance from neighbors, who worry that noise will increase, light will be blocked and parking will become more difficult. This isn't universally true: At least one part of New York City, a cluster of Orthodox and Hasidic neighborhoods in northern Brooklyn, has welcomed increased density. As Stephen J. Smith has reported for The New York Observer, developers in South Williamsburg have aggressively pursued the right to build dense, boring apartment blocks to accommodate the area's rapidly growing Hasidic population — and the added capacity has helped keep prices relatively modest, far below those on the north side of Williamsburg. But elsewhere in the city, mandatory inclusionary zoning, and the related promise that any tall towers will contain affordable apartments, may be politically necessary to make added density possible. This trade -off shows up in a state law in Massachusetts allowing developers to override local restrictions on density, but only if they set aside affordable housing units. The inclusionary- zoning - for - density trade also shows up implicitly in a 2013 column from Steven Spinola, president of the Real Estate Board of New York, a trade association for the real estate industry. Mr. Spinola doesn't take the hard line against mandatory inclusionary zoning that you might expect; instead, he argues that a mandate "may prove to be an effective tool in facilitating a wider breadth of development throughout the city" as long as it comes with enough added density and policies that address property taxes, construction costs and land prices. In other words, he argues that the city should impose this costly mandate only if it also increases possible development and decreases the cost of building. Mr. de Blasio's housing plan hits some of the same notes. It would pair mandatory inclusionary zoning with increased density, including repealing a state law that sets a hard cap on the density of residential developments. Mr. de Blasio has also said he wants to make it easier to convert obsolete commercial buildings to residential use (effectively opening up more sites for housing) and to reduce New York's unusually high construction costs. If the politics of zoning in New York City allowed for much greater density in residential development — and made developers pay for it — you could imagine http : / /www.nytimes.coml20l4lO6lOS /upshot/ affordable - housing- thats- very- costly.html ?_r=0 6/10/2014 Affordable Housing That's Very Costly - NYTimes.com Page 5 of 5 that the creation of a large fund to subsidize affordable housing could be met with an expanded supply of nonluxury apartments. For now, inclusionary zoning may be politically necessary to make that additional density possible, even if the cost per affordable apartment is very high. A version of this article appears in print. on June 8, 2014, on page BU1 of the New York edition with the headline: Affordable Dousing That's Very Costly. © 2014 The New York Times Company http:// www. nytimes. conV2014 /06 /081upsliotlaffordable- housing- tliats- very- costly.html ?_r=-0 6/10/2014 The Limitations of Inclusionary Zoning Explained I Planetizen: The Urban Planning, Desi... Page 1 of 2 From the City Manager IP6 -:'LANETIZEN The Limitations of Inclusionary Zoning Explained Sunday, June 22,2014- 5:00am PDT by JAMES BRASUELL Housing, New York Josh Barro examines the possible use of inclusionary zoning to generate affordable housing stock in the city of New York City finding that the only way to build more affordable units is by increasing density. As part of an ambitious plan to build new housing, New.York City Mayor Bill de Blasio is proposing that the city create more affordable housing units by making inclusionary zoning mandatory because the cost of affordable units under the current voluntary system makes them a hard sell, even with density bonuses as incentives. "Mayor Bill de Blasio wants to create more affordable units by making inclusionary zoning mandatory: In areas rezoned to allow more density, developers would have to set aside inclusionary units, whether they used the additional density permitted by the zoning or not. By imposing this mandate, the mayor hopes to get both bigger buildings and more affordable units within those buildings." Acknowledging that mandatory inclusionary zoning has proven both unpopular and, possibly, less than effective, Barro considers an alternative measure: "Nathan Newman, the housing activist behind the group More NYC, offers another suggestion: straight up cash. In a recent report, he argued that the city should drop inclusionary zoning and instead offer developers additional density in exchange for cash payments that the city could use to finance affordable housing programs." The problem with that plan is that pesky scarcity of available land, which also makes the cash for affordable housing deal less than ideal: "if new dollars to subsidize affordable housing end up chasing fixed quantities of land and apartments, that could just drive up rents for middle- income New Yorkers." In summation, "the city should impose this costly mandate only if it also increases possible development and decreases the cost of building." http: / /www.planetizen.cominode /69537 ?utm source= twitterfeed &utm medium = twitter 6/24/2014 t�l9 From The City Manager IP7 f j 7t?r ?nAr}'tCIE Y " Roundabouts: A "Old" New Trend The construction of roundabouts is on the rise across the United States. The goal of a roundabout is to control heavy traffic and disperse cars in a safe and well- organized manner. For many of us, navigating a roundabout is a fairly new experience. Let us help you gain a better understanding of how and why roundabouts are being constructed. Many people confuse roundabouts with their unpopular counterparts, the traffic circle and the rotary. The main differences between a traffic circle and a roundabout are size and speed. Roundabouts tend to run between 25 and 70 feet in diameter, with a speed limit of 1'5 to 25 mph; traffic circles span between 300 and 600 feet, with speed limits of 30 to 50 mph. With cars traveling along a broader surface area at much faster speeds, traffic circles are viewed as a danger to drivers. A University of Maine study's findings show crashes are 3.5 to 6.5 times more common in traffic circles than in modern roundabouts. Like traffic circles, rotariestare larger and operate at significantly higher speeds than roundabouts and commonly feature two - directional traffic flow. Rotaries are also more likely to be two -lane, which allows for multi -lane weaving, and consequently, more opportunities for accidents. The universal issue with rotaries and traffic circles is traffic volume. They operate well in low traffic situations, but become more dangerous in heavier traffic. This may explain the resistance to roundabouts in the United States. In addition to the previously mentioned differences between roundabouts and rotaries /traffic circles, roundabouts have been statistically shown to reduce collisions and increase traffic efficiency. A recent study by the Insurance Institute for Highway Safety entitled "Crash Reductions Following Installation of Roundabouts in the United States" compared modern roundabouts to traditional four -way intersections. The results of this study were staggering. The study shows roundabouts reduced injury collisions by 76 %, incapacitating and /or fatal collisions by 90 %, and collisions of all varieties by 39 %. In the case of traditional intersections, "T- bone" and head -on collisions occur most often; whereas in a roundabout, a side -swipe or rear -end collision is the most common form of accident, which is much less likely to be fatal. Roundabouts are also valuable from an economic standpoint. On average, construction is the same as traditional intersections. Initially, they require more open space than traditional intersections, but have fewer lanes and less possibility for expansion. Roundabouts cost less to operate and can be environmentally friendly with the addition of landscaping. Federal Highway Administration (FHWA) statistics show the public is likely to have a negative view of roundabouts before construction; however, opinions turn positive once experiencing the benefits a roundabout provides. Roundabouts can be an attractive, safe, and cost - effective alternative to standard intersections. When a community expresses interest in the installation of a roundabout, there are factors which must be considered before interest can become action. How do you know if a roundabout is the right choice for you and your community? A roundabout feasibility study can be conducted to determine if the circumstances are appropriate, or feasible, for a roundabout. The roundabouts themselves are compact, but their constant circular motion requires them to be built with additional surrounding space. Land space must be considered because distance between lanes and adjacent structures must be well thought out to avoid unnecessary impairment. This means if there are curbside businesses or buildings around an intersection, a roundabout may not be the best option. Consultants conducting a feasibility study must carefully analyze traffic volumes and patterns before they can recommend constructing a roundabout. According to Professional Engineer and head of our Rockford location's Transportation Department, Mick Gronewold, the circumstances need to meet a specific set of criteria. There must be enough available land and right of way, as well as a balance between traffic management, patterns, and flow. 'Transportation is a science," Mick explains. 'Variables fluctuate, and just because a township thinks a roundabout is the best option, does not mean it is." As a general rule, roundabouts are an effective solution to a congested, substandard intersection, but it is important to run the appropriate tests before diving in head first. W E C C C C C C C C C E E C C E E C E C E E C C E C E Iowa City Police Department iPa and University of Iowa DPS Bar Check Report - May, 2014 1z1L ED IM Possession of Alcohol Under the Legal Age (PAULA) Under 21 Charge` y 20 PM 1: Qa Numbers are reflective of Iowa City Police activity and University of Iowa Pol�t RK �� � °� M CITY inn - Business Name Occupancy (occupancy loads last updated Oct 2008) = University ofIowa Monthly Totals Bar Checks Under2l PAULA I Prev 12 Month Totals Bar Checks) Under2ll PAULA 2 Dogs Pub 120 0 0 0 3 0 0 Airliner 223 4 0 0 75 1 20 American Legion 140 1 0 0 2 0 0 Atlas World Grill 165 0 0 0 Baroncini^ 0 0 0 Basta 176 0 0 0 2 0 0 Blackstone— 297 0 0 0 4 0 0 Blue Moose— 436 4 0 0 103 4 3 (Bluebird Diner 82 0 0 0 IBob'sYourUncle '^' 260 0 0 0 Bo -James 200 0 0 0 75 3 3 (Bread Garden Market & Bakery 0 0 0 Brix 0 0 0 18rothers Bar & Grill, [It's] 556 2 0 0 328 51 67 lBrothers Bar & Grill, [it's] 556 14 1 2 328 51 67 1 Brown Bottle, [The]— 289 0 0 0 (Buffalo Wild Wings Grill & Bar— 189 0 0 0 2 0 0 Cactus Mexican Grill 0 0 0 1 0 0 Caliente Night Club 498 0 0 0 13 0 0 (Carl & Ernie's Pub & Grill 92 0 0 0 6 0 0 Carlos O'Kelly's- 299 0 0 0 Chili Yummy Yummy Chili 0 0 0 lChipotle Mexican Grill 119 0 0 0 Clarion Highlander Hotel 0 0 0 IClinton St Social Club 0 0 0 5 0 0 Club Car, [The] 56 0 0 0 3 0 0 Under 21 �" 0AULA Ratio Ratio (Prey 12 Mo) I (Prev 12 Mo) 0 0 0.0133333 0.2666667 0 0 0 0 0 0 0.038835 0.0291262 0.04 1 0.04 0.1554878 0.2042683 0.1554878 0.2042683 0 0 0 0 0 0 0 0 0 0 0 0 Friday, June 20, 2014 Page 1 of 5 F4 L L C F L C L L L C C L L L L L L L L L L L L L L L Iowa City Police Department and University of Iowa DPS, Bar Check Re ort - Ma )nl A p Y, pQ14 j1j1d,?0 , Possession of Alcohol Under the Legal Age (PAULA) Under 21 Charges P� Numbers are reflective of Iowa City Police activity and University of Iowa Police Acti�t�y %} C / Business Name Occupancy Monthlv Totals Prev 12 Month Totals Under2l PAULA' "W (occupancy loads last updated Oct 2008) = University of Iowa Bar Checks Under2l PAULA Bar Checks Under2l PAULA Coach's Corner 160 0 0 0 7 0 0 Colonial Lanes— 502 0 0 0 3 0 0 Dave's Foxhead Tavern 87 0 0 0 9 0 0 DC's 120 1 0 1 283 65 16 DC's 120 10 0 1 283 65 16 Deadwood, [The] 218 3 0 0 43 0 0 Devotay— 45 0 0 0 Donnelly'sPub 49 0 0 0 3 0 0 (Dublin Underground, [The] 57 0 0 0 17 0 0 1Eagle's, [Fraternal Order of] 315 0 0 0 (Eden Lounge 1 0 0 19 0 0 IEI Banditos 25 0 0 0 IEl Cactus Mexican Cuisine 0 0 0 1 0 0 IEI Dorado Mexican Restaurant 104 0 0 0 IEl Ranchero Mexican Restaurant 161 0 0 0 ]Elks #590, [BPO] 205 0 0 0 1 Englert Theatre— 838 0 0 0 IFieldhouse 178 11 2 0 197 37 2 1 First Avenue Club— 280 1 0 1 2 0 1 Formosa Asian Cuisine— 149 0 0 0 Gabes— 261 3 0 0 23 0 0 George's Buffet 75 0 0 0 7 0 0 IGivanni's- 158 0 0 0 IGodfather's Pizza 170 0 0 0 (Graze' 49 0 0 0 )Grizzly's South Side Pub 265 1 0 0 19 0 0 Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) 0 0 0 0 0 0 0.229682 0.0565371 0.229682 0.0565371 0 0 0 0 0 0 0 1 0 0 I 0 0.1878173 0.0101523 0 0.5 0 0 0 0 0 1 0 Friday, June 20, 2014 Page 2 of 5 Flo C L L L L L L L L L L C L L C L C L L L L C L L L C Iowa City Police Department and University of Iowa DPS ED Bar Check Report - May, 2014 1'z7/L. Possession of Alcohol Under the Legal Age (PAULA) Under 21 94gd N 20 P Numbers are reflective of Iowa City Police activity and University of Iowa Po Activity t' QE iatY% YrCLERK Business Name Occupancy Monthly Totals (occupancy loads last updated Oct 2008) Bar = University ofIowa Under2l PAULA Checks Prev 12 Month Totals Bar Checks PAULA Checks UAU 2f2 IUV''{j.,',PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) Hilltop Lounge, [The] 90 0 0 0 9 0 0 0 0 Howling Dogs Bistro 0 0 0 IC Ugly's 72 0 0 0 18 0 0 0 0 India Cafe 100 0 0 0 Iron Hawk 0 0 0 21 0 0 0 0 (Jimmy Jack's Rib Shack 71 0 0 0 IJobsite 120 4 0 0 22 0 0 0 0 IJoe's Place 281 5 0 0 96 0 0 0 0 ]Joseph's Steak House- 226 0 0 0 I Linn Street Cafe 80 0 0 0 ]LosPortales 161 0 0 0 (Martini's 200 1 0 0 139 21 3 0.1510791 0.0215827 ]Martini's 200 5 2 0 139 21 3 0.1510791 0.0215827 IMasala 46 0 0 0 I Mekong Restaurant- 89 0 0 0 IMicky's- 98 1 0 0 31 0 0 0 0 Will Restaurant, [The]- 325 0 0 0 2 0 0 0 0 IMoose, [Loyal Order ofl 476 0 0 0 ] Motley Cow Cafe- 82 0 0 0 ] Noodles & Company" 0 0 0 IOkoboji Grill- 222 0 0 0 ] Old Capitol Brew Works 294 0 0 0 2 0 0 0 0 ]One- Twenty -Six 105 0 0 0 ]Orchard Green Restaurant- 200 0 0 0 ] Oyama Sushi Japanese Restaurant 87 0 0 0 jPagliai'sPizza- 113 0 0 0 Friday, June 20, 2014 Page 3 of 5 FV L L L L L L L C L L L L L L L L L 1 F L L L L L Iowa City Police Department and University of Iowa DPS Bar Check Report - May, 2014 F Possession of Alcohol Under the Legal Age (PAULA) Under 2i0 &qFrge �9 Numbers are reflective of Iowa City Police activity and University of Iowa Police O ActfAyl' 08 Business Name Occupancy (occupancy loads last updated Oct 2008) = university of Iowa Monthly Totals Bar Checks Under2l PAULA Prev 12 Month Totals` Bar Checks Under2l PAULA �'1%il�+�� }';�;,`. PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) Panchero's (Clinton St)— 62 0 0 0 5 0 0 0 0 Panchero's Grill (Riverside Dr)— 95 0 0 0 Pints 180 1 0 0 136 12 3 0.0882353 0.0220588 Pints 180 5 0 0 136 12 3 0.0882353 0.0220588 Pit Smokehouse 40 0 0 0 Pizza Hut— 116 0 0 0 Players 114 0 0 0 7 13 2 1.8571429 0.2857143 Quinton's Bar & Deli 149 1 0 0 8 0 0 0 0 Rice Village 0 0 0 Ridge Pub 0 0 0 IRiverside Theatre— 118 0 0 0 (Saloon— 120 0 0 0 2 0 0 0 0 (Sam's Pizza 174 0 0 0 1 0 0 0 0 (Sanctuary Restaurant, [The] 132 0 0 0 (Shakespeare's 90 0 0 0 6 0 0 0 0 (Sheraton 0 0 0 IShort's Burger & Shine— 56 0 0 0 1 0 0 0 0 IShort's Burger Eastside 0 0 0 (Sports Column 400 5 0 5 199 37 25 0.1859296 0.1256281 (Sports Column 400 1 0 0 199 37 25 0.1859296 0.1256281 IStudio 13 206 1 0 0 68 1 0 0.0147059 0 ISummit. [The] 736 5 0 2 168 38 33 0.2261905 0.1964286 ISushiPopo 84 0 0 0 ISzechuan House 0 0 0 ITakanami Restaurant- 148 0 0 0 ITaqueria Acapulco 0 0 0 Friday, June 20, 2014 Page 4 of 5 C E E E E Fv C E E E E E Iowa City Police Department and University of Iowa DPS Bar Check Report - May, 2014 2014 JtU Possession of Alcohol Under the Legal Age (PAULA) Under 21 Charges 2� Fib j: of Numbers are reflective of Iowa City Police activity and University of Iowa Police], r�l,�' �"�'`LtF,r�t CfT`r. !n Business Name Occupancy Monthlv Totals Prev 12 Month Totals Under2l PIhULA (occupancy loads last updated Oct 2008) Bar Bar Ratio Ratio = University of Iowa Under2l PAULA Checks Under2l PAULA Checks (Prey 12 Mo) (Prev 12 Mo) TCB 250 5 0 0 78 6 0 0.0769231 0 Thai Flavors 60 0 0 0 Thai Spice 91 0 0 0 Times Club @ Prairie Lights 60 0 0 0 Trumpet Blossom Caf6 94 0 0 0 Union Bar 854 2 0 2 183 12 64 0.0655738 0.3497268 Union Bar 854 9 0 2 183 12 64 0.0655738 0.3497268 VFW Post #3949 197 0 0 0 Vine Tavern, [The] 170 1 0 0 26 1 8 0.0384615 0.3076923 Wig & Pen Pizza Pub- 154 0 0 0 1 0 0 0 0 (Yacht Club, [Iowa City]- 206 0 0 0 34 0 0 0 0 (Yen Ching 0 0 0 IZ'Mariks Noodle House 47 0 0 0 108 5 16 3786 Soo 428 0.1320655 0.1130481 Totals Off Premise 0 0 0 0 0 0 0 0 Grand Totals i 16 428 * includes outdoor seating area - exception to 21 ordinance Friday, June 20, 2014 Page 5 of 5 June 20, 2014 Sally Hoelscher, President, and Members, Iowa City School Board r 1 IP9 ; IT' CITY OF IOWA CITY City Attorney's Office 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 356 -5030 (3 19) 356 -5008 FAX and www.Icgov.org Terrence Neuzil, Chairman, and Members, Johnson County Board of Supervisors and Matthew Hayek, Mayor, and Members, City Council of Iowa City Re: Menard, Inc. Pursuant to Iowa Code § 441.44, this is to notify each of you that the Iowa City Board of Review has reached a voluntary settlement regarding the above - referenced tax assessment appeal filed by this property owner, d/b /a Menards. Pursuant to the settlement, the 2013 valuation will be lowered from $12,252,650 to $11,400,000. If you have any questions or would like more information, please do not hesitate to contact me or Denny Baldridge. Sincerely, Eric R. Goers Assistant City Attorney cc: Denny Baldridge, City Assessor w C,)-< r%3 cr r M -v 3 c:) _j June 24, 2014 Sally Hoelscher, President, and Members, Iowa City School Board r 1 IP10 . Zz6Z - 4 CITY OF IOWA CITY City Attorney's Office 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 3S6 -5030 (319) 356 -5008 FAX and www.icgov.org Terrence Neuzil, Chairman, and Members, Johnson County Board of Supervisors and Matthew Hayek, Mayor, and Members, City Council of Iowa City Re: Menard, Inc. Pursuant to Iowa Code § 441.44, this is to notify each of you that the Iowa City Board of Review has reached a voluntary settlement regarding the above - referenced tax assessment appeal filed by this property owner, d/b /a Menards. Pursuant to the settlement, the 2014 valuation will be lowered from $12,252,650 to $11,400,000. My letter dated June 20 referenced the 2013 valuation. If you have any questions or would like more information, please do not hesitate to contact me or Denny Baldridge. Sincerely, 0-- Eric R. Goers Assistant City Attorney cc: Denny Baldridge, City Assessor CD DRAFT F IP11 CITIZENS POLICE REVIEW BOARD MINUTES — June 11, 2014 CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 7:40 A.M. MEMBERS PRESENT: Melissa Jensen, Royceann Porter MEMBERS ABSENT: STAFF PRESENT: STAFF ABSENT: OTHERS PRESENT: Mazahir Salih Staff Kellie Tuttle and Patrick Ford None None RECOMMENDATIONS TO COUNCIL (1) Accept CPRB Report on Complaint #14 -01 CONSENT CALENDAR Motion by Jensen, seconded by Porter, to adopt the consent calendar as presented or amended. Minutes of the meeting on 05105/14 Minutes of the meeting on 05/13/14 Minutes of the meeting on 05/19/14 Motion carried, 3/0, Salih absent. OLD BUSINESS Community Forum — Tuttle stated that someone needed to draft a summary of the forum. Treloar volunteered and a draft will be included in the next meeting packet. EXECUTIVE SESSION Motion by Jensen, seconded by Porter to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 3/0, Salih absent. Open session adjourned at 7:41 A.M. CPRB June 11, 2014 Page 2 REGULAR SESSION Returned to open session at 8:04 A.M. Motion by Jensen, seconded by Porter to forward the Public Report as amended for CPRB Complaint #14 -01 to City Council with the option to amend if a name clearing hearing is held. Motion carried, 3/0, Salih absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subiect to change) • July 8, 2014, 5:30 PM, Helling Conference Rm • August 12, 2014, 5:30 PM, Helling Conference Rm • September 9, 2014, 5:30 PM, Helling Conference Rm • October 14, 2014, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by Jensen, seconded by Porter. Motion carried, 3/0, Salih absent. Meeting adjourned at 8:05 A.M. "Y fD f7D M N IQ O W O N O H� z N� y l 1 O A� o+ H ro Irl C W H CrQ J W � W ll 01 W Ul ' X X N O � yC DC O yC N O X O yC O �C 00 N X X A Ul f7D M N IQ O W O N O H� z N� y l 1 O A� o+ H ro Irl C W CITIZENS POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240 -1826 (319) 356 -5041 June 11, 2014 t..r t Vii�]4 To: City Council Complainant =' City Manager ,y Sam Hargadine, Chief of Police ; Officer(s) involved in complaint From: Citizen Police Review Board Re: Investigation of CPRB Complaint # 14 -01 This is the Report of the Citizens Police Review Board's (the "Board ") review of the investigation of Complaint CPRB # 14 -01 (the "Complaint "). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8- 8- 7(A).) 2. When the Board receives the Police Chief's report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8- 8- 7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chief's report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chief's report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8- 8- 7(13)(2)).) 4. According to Iowa City Code Section 8- 8- 7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chief's findings only if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state or local law. 5. When the Board has completed its review of the Police Chief's report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8- 8- 7(B)(3)).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on 1- 31 -14. As required by Section 8- 8 -5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was filed with the City Clerk on 3- 27 -14. The Board voted on 4 -21 -14 to apply the following Level of Review to the Chiefs Report: Request additional investigation by the Police Chief or City Manager, or request police assistance in the Board's own investigation, pursuant to Iowa City Code Section 8- 8- 7(B)(1)(d). Specifically, the Board requested that the Chief provide a copy of all audio and video recordings of the incident. The Board met to consider the Report on 4- 21 -14, 5 -19 -14 and 6- 11- 14. Board members reviewed audio or video recordings of the incident.` CD a ; .M; FINDINGS OF FACT _-' c,r1 On 01 -23 -2014, the complainant, as part of his job duties as a private security officer, called in a trespass complaint to the Iowa City Police Department. While responding to the call, Officer A observed the complainant leaving the area in a marked private security vehicle. Officer A activated his lights and stopped the Complainant. During the face to face interaction with the Complainant, Officer A initially spoke to the Complainant about the trespass issue but then began discussing the Complainant's driving status. Officer A sounds irritated and questions the Complainant at length about his driving status, specific of work hours, and the need to travel to other locations. ALLEGATION 1 — Lack of Professionalism: Sustained. On 01 -23 -2014, Officer A responded to a trespass complaint at Town & Campus Apartments. While investigating the complaint, Officer A came into contact with the complainant. The investigation shows that the Complainant was polite throughout the interaction while Officer A sounds irritated and displays a lack of professionalism in his communication with the Complainant. Iowa City Police Department Rules & Regulations — Patrol Officer Responsibilities — Section 270.04 (M) state: "Remain courteous at all times, and approach all phases of his /her work in a professional manner." Officer A's behavior was rude, disrespectful, and unprofessional. His conduct failed to meet the expectation set forth in this policy. ALLEGATION 2 — Harassment: Not Sustained The Complainant states he believes he is being harassed by Officer A. Iowa Code §708.7(1)(b) defines "harassment" as follows: A person commits harassment when the person, purposefully and without legitimate purpose, has personal contact with another person, with the intent to threaten, intimidate, or alarm that other person. As used in this section, unless the context otherwise requires, "personal contact" means an encounter in which two or more people are in visual or physical proximity to each other. "Personal contact' does not require a physical touching or oral communication, although it may include these types of contacts. The Complainant's harassment claim is based on the incident on 1- 23 -14, and two other incidents which occurred on 9 -5 -13 and 11- 18 -13. On 9 -5 -13, Iowa City Police Department (ICPD) responded to a suspicious person call at Dolphin Lake Point. While investigating the complaint, Officer discovered that the Complainant and his private security partner were both carrying realistic looking Air Soft guns in holsters on their duty belts. Both the Complainant and his partner were cited and released for violating the City ordinance of Carrying Weapons. Officer A's purposes in contacting the Complainant were to investigate the suspicious person complaint, and to enforce the city's ordinance regarding the possession of weapons. Those are legitimate purposes under the law, and there is no evidence Officer A intended to threaten, intimidate or alarm the Complainant. Thus, Officer A's conduct on 9 -5 -13 did not constitute harassment. The second incident occurred on 11- 18 -13. The Complainant was observed by Officer pulling into the CVS Pharmacy and looking at movies in the Red Box machine. Officer A believed the Complainant's license was barred at the time and made contact with him to review his temporary restricted license. Officer A charged the Complainant with driving while barred. Officer A's purpose in contacting the Complainant was to enforce Iowa's law regarding the permissible driving conduct allowed by a temporary restricted license. That is a legitimate purpose under the law, and there is no evidence Officer A intended to threaten, intimidate or alarm the Complainant. Thus, Officer A's conduct on 11 -18 -13 did not constitute harassment. The third incident occurred on 1- 23 -14, and is summarized above under the board's discussion of the Complainant's "Lack of Professionalism" allegation. Officer A's purposes in contacting the Complainant was to investigate the Complainant's call regarding a trespasser at Town & Campus Apartments, and to enforce Iowa's law regarding the permissible driving conduct allowed by a temporary restricted license. Those are legitimate purposes under the law, and there is no evidence Officer A intended to threaten, intimidate or alarm the Complainant. Thus, Officer A's conduct on 1 -23 -14 did not constie harassment. COMMENTS ° Pursuant to City Code section 8- 8- 7(13)3, the Board believes discipline is approprE d 7 P12 PLANNING AND ZONING COMMISSION PRELIMINARY JUNE 5 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Ann Freerks, Phoebe Martin, Paula Swygard, Jodie Theobald, John Thomas MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, John Yapp, Sue Dulek OTHERS PRESENT: Jesse Allen, Bill Synan, Ann Synan, Bruce McDonald, Jennifer McDonald, Dave Zahradnick, Garry Hamdorf, Kevin Digman, Kevin Hanick, John Hieronymus, James Hayes, Mike Bieniek RECOMMENDATIONS TO CITY COUNCIL: 1. The Commission voted 7 -0 to recommend approval of REZ14- 00006, a rezoning from Commercial Office (CO -1) zone to Planned Development Overlay (OPD -8) zone for property located at 2815 Rohret Road subject to general conformance with the site design and building plans submitted and a Conditional Zoning Agreement which addresses the following: a) Existing healthy trees within a distance of 80 feet of the Highway 218 right -of- way shall be preserved except where it is necessary to remove trees for installation of stormwater management facilities. b) The building will be built with sound abating construction techniques materials that reduce interior sound levels including masonry, fiber cement siding, and laminated windows. c) The maintenance the Rohert Road sidewalk becomes the responsibility of the owner of the development. 2. The Commission voted 7 -0 to recommend approval of REZ14- 00009, a proposal to rezone approximately 3.02 acres of property located between South Riverside Drive and Orchard Street north of Benton Street from Community Commercial (CC -2) zone to Riverfront Crossings — West Riverfront (RFC -WR) zone subject to a Conditional Zoning Agreement requiring the applicant; a) To dedicate ten feet of land along the Riverside Drive frontage of the property to the City in order to widen the public right -of -way along Riverside Drive b) Closure of the northern most curb cut from the property to Riverside Drive c) Dedication of land or grant of a public access easement to allow the public sidewalk to be extended around the Iowa Interstate Railroad embankment in a location to be determined by the City. 3. The Commission voted 7 -0 to recommend approval of REZ14- 00008, a rezoning of 1.36 acres from Low Density Single - Family (RS -5) to Low Density Multi - Family (RM -12) located at the northwest corner of Muscatine Avenue and Scott Boulevard and SUB14- 00008, a preliminary plat of Silver Slope, a 20 -lot approximately 12.14 Planning and Zoning Commission June 5, 2014 Page 2 of 13 acre residential subdivision at the same location subject to the storm water management drainage for Lot 23 being graded toward Muscatine Avenue. 4. The Commission voted 7 -0 to recommend approval of amending minor modifications, variances, special exceptions and provisional uses 14 -413-1 to add a minor modification which would allow archways and gates taller than four feet to be approved administratively. 5. The Commission voted 7 -0 to recommend that City Code Section 14 -4D -2 be amended be amended to add outdoor service areas as an allowable temporary use for up to one year subject to the six conditions identified in the staff report and that the Zoning Code be amended to clarify that outdoor service areas associated with a restaurant in residential and mixed use zones will not be considered an expansion of a non - conforming use. 6. The Commission voted 7 -0 to recommend that the City Council send a letter to the County recommending approval of a cell tower located on the northwest corner of 420th St SE and Taft Ave SE, in Area B of the Iowa City and Johnson County Fringe Area CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. Rezoning / Development Items REZ14 -00005 Discussion of an application submitted by Allen Homes for a rezoning of approximately 3.6 -acres of property from Low Density Single Family (RS -5) zone to Planned Development Overlay (OPD -5) zone to allow construction of an 11 -unit multi - family building located at the NE corner of First Avenue and Hickory Trail. Yapp noted what kinds of zoning surround the subject property. He showed photographs of various views of the subject property. He said this project would be a cluster of eleven dwelling units into a single multi - family building on the northwest part of the property, with that number based on the number of single family units that could be placed on the property. He said there is a required 100 foot buffer provided from the stream corridor and wetlands along the east edge of the property. Yapp said staff feels that the plan for the property is consistent with the Northeast District Plan. He said a majority of the parking is planned to be underneath the building, with two pedestrian entrances proposed to the building. He showed several views of the structure. He said although one corner of the building is taller than thirty -five feet, the average height of the structure is under thirty -five feet. He said staff finds that the development won't overburden streets and utilities. He said the proposed development provides more open space and views across the property than a conventional subdivision. He said the single means of access to First Avenue is preferable to multiple driveways. He said the Parks and Recreation Commission has recommended fees in lieu of public open space. He said staff finds that the development meets the intent of the Planned Development and Sensitive Areas Development Planning and Zoning Commission June 5, 2014 Page 3 of 13 Plan by clustering the units, preserving a majority of the property as open space, preserving the wetland buffer and stream corridor and minimizing paving and recommends approval subject to general conformance with the plan provided and the building design complying with the multi- family site design standards. Freerks asked what, if any, impact site features would have on how many single family homes could be built. Yapp said for the homes built on First Avenue, the homes would be required to be built outside the buffer and the buffer would become a rear yard. He said in order to achieve the lots on Hickory Trail the developer would have to request a reduction in the buffer. Freerks opened public discussion. Jesse Allen of Allen Homes, the developer, said if he could build single family homes on this property, he would. He said they have designed a building to minimize impact for Hickory Trail and that will blend into the terrain and be compatible with the houses to the east. He said he wanted to preserve one - hundred percent of the wetlands and the trees, so they pushed the building to the northeast portion of the property, which allowed them to use some existing screening. Eastham asked about ADA compatible units. Allen said all the units will be ADA compatible and there is an elevator in the proposed building. Bill Synan of 833 Cypress Court said he isn't in favor of this rezoning. He said he has seen several rezonings in the past few years that have substantially increased the number of multi- family dwelling units along First Avenue. He said there is no reason to rezone these parcels because single family homes can be built on this land. Ann Synan of 833 Cypress Court said this proposed development is not what residents had envisioned for the gateway to the Bluffwood neighborhood. She said she doesn't feel that this proposed building will blend into the area and that it will adversely affect privacy of the single family homes. She said the open space on the southern end of the subject property won't necessarily offer more green space or protect the wildlife or plant species any more than the single family homes are already doing. She said the residents of the area are afraid of seeing another massive retaining wall put in like the one across the street. She said she feels there are enough condominiums in this area already and would like to see either single family homes or duplexes built on the subject property. Bruce McDonald of 855 Cypress Court said he will have a direct view into the back of the monstrosity that is planned. He said the City has received many letters opposed to this rezoning as well as a petition against it containing over one - hundred signatures, and if this rezoning goes through, that is not government by and for the people. He said with the grade on this property there would need to be a large retaining wall on this property. Jennifer McDonald of 855 Cypress Court said her first choice is single family dwellings, but if they have to build perhaps they could balance the zero lot buildings up the hill on First Avenue by building more of them on the subject property. Dave Zahradnik of Newmann Monson Architects said at the Good Neighbor meeting the consensus was that short of buying that property so nothing could ever be built on it, the neighbors would be happiest saving most of the ground and that the clustered condos would be the best option. He said that that new proposed grades do fit in with the existing grades so there is no retaining wall along the west. He pointed out on the proposed plans that what might look Planning and Zoning Commission June 5, 2014 Page 4 of 13 like a retaining wall is actually the foundation of the building and where the building stops, a retaining wall continues that will be well screened with plants. Garry Hamdorf, owner of the property to the north of the subject property, asked the Commission to drive out and look at the condo that is being built on the corner of First Avenue and Hickory Trail. He said the blocks in the retaining wall are huge and it looks like a fortress. He said he thinks a responsibility of the Commission and City Council is to protect the citizens who are established and who moved there with a zoning that's different than what is being requested. He said they need to look at what else is possible on this site. Freerks closed public discussion. Eastham moved to defer REZ14 -00005 to the June 19th meeting of the Commission. Dyer seconded. Eastham said he wants to look at what the options are for developing this site. Freerks said she wanted more time to consider this. Thomas said he's concerned with what the intent is of the RS -5 zone and what kind of development is described in the Zoning Code with respect to RS -5, and what types of uses are permitted on this zone. Miklo explained that if owners of twenty- percent of the land within two - hundred feet of the subject property sign a protest petition it takes a super majority or six out of seven Council members to approve a rezoning, and the petition submitted does not constitute a protest petition according to the Zoning Code. Eastham said he wants some kind of metric to evaluate Comprehensive Plan provisions about doing additional multi - family development along First Avenue, and what the ratio is for single family versus multi - family development. A vote was taken and the motion carried 7 -0. REZ14 -00006 Discussion of an application submitted by Hodge Construction Company for a rezoning of approximately 4.40 -acres of property from Commercial Office (CO -1) zone to Planned Development Overlay (OPD -8) zone to allow construction of a 33 -unit multi - family building located at 2815 Rohret Road. Eastham disclosed that he's on the board of a non - profit that had previously looked at this property as a potential site, but those negotiations have stopped and there's been no action in the past several months. Miklo explained the zonings of the surrounding areas. He said the applicant is requesting the rezoning because they have not been able to find a market for CO -1 here. He showed photos of the neighboring areas and the subject property. He said the Comprehensive Plan encourages clustering development farther away from Highway 218 to allow preservation of trees along the highway and provide space to help mitigate highway noise. He said the Southwest District Plan does indicate that cluster development is appropriate in this area. He said staff believes that the design of the building and the materials proposed are compatible with the neighborhood, that Planning and Zoning Commission June 5, 2014 Page 5 of 13 the building position on the site allows for a generous setback especially from the properties in Mormon Trek Village and that the building is being positioned to provide buffering from the highway noise. He said staff is recommending approval with conditions regarding preservation of the trees within eighty feet of the right -of -way of Highway 218 except where necessary for storm water management, that the building be constructed of materials designed to abate sound from the highway, and that maintenance of the sidewalk on Rohret Road be tied to this property. Freerks asked how many parking spaces are being provided. Miklo said the plan is two spaces per dwelling unit and two guest spaces, with the expectation being that not all the units will require two spaces. Freerks opened public discussion. Kevin Dignan of Hodge Construction said the plan is for twenty two- bedroom units and thirteen one - bedrooms. Freerks closed public discussion. Thomas moved to defer REZ14- 00006. Eastham seconded. Thomas said the issue for him is cluster development and its definition. Miklo explained that the Zoning Ordinance and Planned Development Ordinance indicate that with the Council's approval after recommendation by the Commission, clustering includes creation of multi - family buildings where you would put units into multi - family or duplex or townhouse -style units or single family with smaller lots. He said that for zoning purposes, all of the above are the intention for clustering. Freerks stated that this proposed plan does meet what the City considers a cluster development. A vote was taken and the motion for deferral was denied 0 -7. Eastham moved to recommend approval of REZ14- 00006, a rezoning from Commercial Office (CO -1) zone to Planned Development Overlay (OPD -8) zone for property located at 2815 Rohret Road subject to general conformance with the site design and building plans submitted and a Conditional Zoning Agreement which addresses the following: 1. Existing healthy trees within a distance of 80 feet of the Highway 218 right -of -way shall be preserved except where it is necessary to remove trees for installation of stormwater management facilities. 2. The building will be built with sound abating construction techniques materials that reduce interior sound levels including masonry, fiber cement siding, and laminated windows. 3. The maintenance the Rohert Road sidewalk becomes the responsibility of the owner of the development. Martin seconded. Miklo noted that since the staff report was written, the City Engineer has received the storm water management plan and has it. Planning and Zoning Commission June 5, 2014 Page 6 of 13 Eastham said he thinks this is a reasonable use of this parcel. He says this helps achieve a better balance of multi - family higher density homes available to people whose children will be attending Weber Elementary School. Theobald said she wished there was another way to manage storm water and buffer with vegetation that would further draw water down. She said she thinks what they do with that is not very attractive and probably not the best practice. She said she would like to discuss the design of stormwater in general at a later date. Thomas said with the cluster this would be a great opportunity to develop a recreational area, but according to the plans he's looking at, more focus seems to be on the parking. Freerks said sometimes there's a nice balance between that and retaining unkempt trees and shrubs and nature as a buffer. She said there is value in both. Thomas agreed that there was an opportunity here to do both. A vote was taken and the motion carried 7 -0. RE714 -00009 Discussion of an application submitted by Emrico Properties LLC for a rezoning of 3.02 - acres of land located on the west side of South Riverside Drive, north of Benton Street from Community Commercial (CC -2) zone to Riverfront Crossings — West Riverfront (RFC -WR) zone. Miklo said the subject property formerly contained a portion of the Hartwig Auto Dealership. He showed various views of and from the property. He said the proposed Riverfront Crossings zone is a mixed use zone that allows both commercial and residential, the latter either on the ground floor or on the upper floors. He said intensity of development for residential would be somewhat higher in the Riverfront Crossings Zone than in the CC -2 zone as the CC -2 zone requires commercial on the ground floor and Riverfront Crossings does not and CC -2 allows three stories whilst Riverfront Crossings allows four stories with the potential for a bonus floor. Miklo said the proposed plan is for 96 dwelling units built over an underground parking facility with a surface lot as well. He said an issue identified with the Riverfront Crossings District is improvement of pedestrian access and the character along Riverside Drive, and staff believes this building will contribute to that vision by building a structure on the west side of the street with the parking behind it. He said as conditions of the rezoning staff is recommending that ten additional feet of right -of -way be dedicated to the City to allow improvement of the pedestrian sidewalk and an easement or right -of -way be granted by this property to allow a pedestrian connection for a potential tunnel under the railway viaduct. Miklo said staff feels this proposal does meet the Riverfront Crossings vision. He said there will be a buffer strip on the west side of the proposed building. He said one of the two curb cuts will be eliminated and consolidate them into one. He said staff is recommending approval with the conditions outlined in the staff report. Swygard asked if the subject property abuts a single family property. Miklo said it abuts the OPD -5 zone to the west which contains duplexes. She asked how much traffic will funnel down Orchard Street to Benton Street. Miklo said they anticipates some, but predicting how much will go down Orchard versus Riverside Drive may not be possible. Planning and Zoning Commission June 5, 2014 Page 7 of 13 Yapp said they could not model something this small on their traffic model. He said he thinks that most of the residents of the proposed building will be headed north toward campus and downtown. Dyer asked if this is the only property that will abut residential property across Orchard Street. Miklo said as you work south there will be other properties that will abut residential. Eastham asked what the Form Based Code has to say about assessing the capacity of a street like Orchard Street to carry traffic from a fairly dense residential use. Yapp said the Form Based Code doesn't address traffic volume on streets but as part of staffs regular analysis they do consider traffic volumes and how that might affect a street. He said even with this number of units for the proposed building, Orchard Street will have a relatively low traffic volume overall. Freerks opened public discussion. Kevin Hanick on behalf of Emrico LLC said we will be seeing major changes in downtown. He said the downtown housing right now is dominated by undergraduate rental housing. He said he thinks there is a need to serve a non - undergraduate population with a level of amenity -based housing that's close in but not in downtown. He said this project would predominantly have studios, one and two- bedrooms. He said although they would qualify for a bonus floor by dedicating an extra ten feet of right -of -way and buffer they don't anticipate going over four stories. He said this property is out of the flood plain. Eastham said the plan before him shows buffering between the subject site and the homes across Orchard Street. Miklo said the Code requires a buffer strip that this plan includes. He said it's a good zoning practice to have transitions occur at backyards and that is the case here for the properties on Orchard Court. Freerks said it's key to address headlight traffic. Hanick said the applicants hope that residents will take advantage of the nearby bus routes, and pedestrian and bicycle paths, and that driving will not be the only way to get around. Swygard said there will be good public transportation to get to stores across the highway, but she said she still has some concern about the headlights as they exit facing west to get onto Orchard Street. Hanick said the curb cut from the parking lot would align with Orchard Court. Dyer said she finds it distressing to have parking facing a residential neighborhood. She asked if all the spaces are necessary. Hanick said it's what they need and it will meet the City guidelines. Freerks closed public discussion. Eastham moved to recommend approval of REZ14- 00009, a proposal to rezone approximately 3.02 acres of property located between South Riverside Drive and Orchard Street north of Benton Street from Community Commercial (CC -2) zone to Riverfront Crossings — West Riverfront (RFC -WR) zone subject to a Conditional Zoning Agreement requiring the applicant; Planning and Zoning Commission June 5, 2014 Page 8 of 13 1. To dedicate ten feet of land along the Riverside Drive frontage of the property to the City in order to widen the public right -of -way along Riverside Drive 2. Closure of the northern most curb cut from the property to Riverside Drive 3. Dedication of land or grant of a public access easement to allow the public sidewalk to be extended under the Iowa Interstate Railroad embankment in a location to be determined by the City. Martin seconded. Eastham said the Commission agreed to a course with the Form Based Code governing the Riverfront Crossings area so his duty is to approve this rezoning with the conditions as outlined. He said this is a real opportunity to take the first step in the Riverfront Crossings District. Freerks said she's happy to see this come forward and is starting to formulate what staff and the community have put so much into and this has a lot of potential. She said she hopes it all comes together well and the applicant knows that the Commission is concerned about parking and headlights. Thomas said he's pleased to see things moving forward and he was interested in seeing how the Form Based Code would translate to the building design. He said although this isn't the final plan, it is a building with some articulation creating useable open space and he thinks that's a real step forward. He said that in the Downtown /Riverfront Crossing Master Plan the drive does align with Orchard Court and these are the kinds of things that do make a difference in terms of the overall outcome. Swygard said it's good to see some development finally happening in this part of town that will hopefully encourage and spur further development in the area. She said she's happy to see some stability come to the area with this development. She said her concern is the traffic because even though it's anticipated that people living there will either work or head north for certain activities, she knows they are going to go south for their daily activities like grocery shopping. She said she is concerned about cut - through traffic on Miller and Hudson Streets, streets that are already overburdened and she would encourage that neighborhood to look at some traffic calming features for those two streets. Theobald said she's excited about this development but she does share Swygard's concerns about the traffic. A vote was taken and the motion carried 7 -0. Freerks called for a short break. Freerks called the meeting back to order. R EZ 14 -0 0008 /SUB 14 -00008 Discussion of an application submitted by John Hieronymus for a rezoning of 1.36 -acres of land located north of Muscatine Avenue and west of Scott Boulevard from Low Density Single - Family (RS -5) zone to Low Density Multi - Family (RM -12) zone and for a preliminary plat of Silver Slope, a 20 -lot, 12.14 acre residential subdivision. Miklo explained the street design changes between the current rezoning application and a previous one. He said the previous plan provide a loop street that would have connected back Planning and Zoning Commission June 5, 2014 Page 9 of 13 to Muscatine Avenue in the future. He said the current proposal moved the new street access to Scott Boulevard and ends with a cul -de -sac. He said the subdivision regulations generally discourage cul -de -sacs, but in this case the applicant wishes to set aside Outlot B to preserve trees and open space. He said staff is recommending approval subject to Lot 23 being graded to drain toward Muscatine Avenue and that would be a note that would have to be added to the plat before this goes to City Council. Freerks opened public discussion. John Hieronymus of 3322 Muscatine Avenue said this is a two -part development and they are happy to have staff support on this. Freerks closed public discussion. Eastham moved to recommend approval of REZ14- 00008, a rezoning of 1.36 acres from Low Density Single - Family (RS -5) to Low Density Multi - Family (RM -12) located at the northwest corner of Muscatine Avenue and Scott Boulevard and SUB14- 00008, a preliminary plat of Silver Slope, a 20 -lot approximately 12.14 acre residential subdivision at the same location subject to the storm water management drainage for Lot 23 being graded toward Muscatine Avenue. Swygard seconded. Freerks said the Commission usually doesn't like to see cul -de -sacs but it's okay occasionally for a reason such as the open space being proposed here. She said it's nice to see multi - family and single family here side by side, and is happy that the applicant wishes to retain a grove of trees on the property. A vote was taken and the motion carried 7 -0. Code Amendment Items Consider an amendment to Title 14, Zoning Code, Chapter 4, Use Regulations, Article B, Minor Modifications, to allow archways and gates over 4 feet in height in required residential front yard setbacks to be approved administratively. Yapp explained that the current Code prohibits fences taller than four feet within the front yard setback. He said staff was recently approached by James Hayes regarding a proposal for an archway gate and fence to be installed in the front setback for properties on Burlington Street. He showed an image of what that archway and fence might look like. He said the purpose is to delineate and identify these properties as a cohesive area. He said the intent of the current four foot limitation is to maintain a pedestrian friendly street scape and prevent a stockade -like feel walking along the sidewalk. Staff reviewed this proposal and feels there are situations where the design of the fence could actually enhance and add to the street scape. Freerks asked about including the condition of using quality materials. Yapp said the definition of a quality material can be subjective. Yapp said a meeting for property owners within 200 feet would be part of the Minor Modification review process. Planning and Zoning Commission June 5, 2014 Page 10 of 13 Eastham asked if approval from the Historic Preservation Commission would be required. Miklo said it would. Freerks opened public discussion. James Hayes of 1142 E. Court St. gave a history of the houses in question and said they are being used as The Grant Wood Artist Colony. Freerks closed public discussion. Thomas moved to recommend approval of amending minor modifications, variances, special exceptions and provisional uses 14 -413-1 to add a minor modification which would allow archways and gates taller than four feet to be approved administratively. Martin seconded. Freerks said she's excited about this and the fact that someone is doing this so the public can enjoy it. She said she's satisfied with not putting "quality materials" in this amendment as hopefully it's something that will always be assessed and monitored by staff. Eastham said this is a wonderful idea and is appreciative of Hayes for putting it together. A vote was taken and the motion carried 7 -0. Consider an amendment to Title 14, Zoning Code, Chapter 4, Use Regulations, Article D, Temporary Uses, to allow outdoor service areas associated with restaurants as temporary uses in residential and mixed -use zones. Yapp said City Council directed staff to prepare an amendment to allow outdoor service areas in residential and mixed use zones as a temporary use requiring an annual permit. Martin asked why there is a maximum of thirty people. Yapp said that was the condition for the Community Commercial zone so this would be consistent, and also the concern is that when you get a larger group of people there's a greater chance of noise. Eastham asked if there is a definition of an outdoor service area. Yapp said it has to be defined with a barrier and tables aren't necessarily required. He said the definition is that it's an outdoor service area for food and alcohol and it's the alcohol that makes it an outdoor service area. Freerks opened public discussion. Freeks closed public discussion. Thomas moved to recommend that City Code Section 14 -4D -2 be amended be amended to add outdoor service areas as an allowable temporary use for up to one year subject to the six conditions identified in the staff report and that the Zoning Code be amended to clarify that outdoor service areas associated with a restaurant in residential and mixed use zones will not be considered an expansion of a non - conforming use. Planning and Zoning Commission June 5, 2014 Page 11 of 13 Eastham seconded. Freerks said the temporary nature of this and the idea that there are ways to get around this make this more appealing to her. She said these types of things are good to try, and small areas where people can get together and mix are good. A vote was taken and the motion carried 7 -0. County Conditional Use Item Discussion of an application submitted to Johnson County from Verizon Wireless requesting a conditional use permit to allow a 195 foot tall communications tower on 9.2 acres of land located on the northwest corner of 420th St SE and Taft Ave SE, in Area B of the Iowa City and Johnson County Fringe Area. Miklo indicated that this is in Fringe Area B of the Iowa City /Johnson County Fringe Area Agreement. The County Zoning Code provides for City review of Conditional Use Permits when they are within two miles of a city. He said this area will likely be annexed into the city and zoned Industrial in the future. He said that such towers are allowed in the city's industrial zones proved that the tower be setback from the property line a distance at least equal to the tower's height. He said the application has been revised to adhere with the City's requirement regarding the setback and staff recommends approval. Freerks opened public discussion. Michael Bieniek said he represented the applicant and was available for questions. Freerks closed public discussion. Eastham moved to recommend that the City Council send a letter to the County recommending approval of a cell tower located on the northwest corner of 420th St SE and Taft Ave SE, in Area B of the Iowa City and Johnson County Fringe Area. Martin seconded. A vote was taken and the motion carried 7 -0. Consideration of Meeting Minutes: May 1, 2014 Eastham moved to approve. Swygard seconded. A vote was taken and the motion carried 7 -0. Other Adjournment Eastham moved to adjourn. 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