Loading...
HomeMy WebLinkAbout2017-02-21 Bd Comm minutesDecember 15, 2016 Page 1 MINUTES FINAL IOWA CITY AIRPORT COMMISSION DECEMBER 15, 2016 — 6:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Julie Bockenstedt, Minnetta Gardinier, A. Jacob Odgaard, Chris Ogren Members Absent: Robert Libby Staff Present: Michael Tharp, Eric Goers Others Present: Matt Wolford, Todd Allyn, Ben Logsdon RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): Recommend approving Storm Water Easement with MXTE LLC, pending approval by FAA. DETERMINE QUORUM: The meeting was called to order at 6:06 P.M. by Chairperson Odgaard. APPROVAL OF MINUTES: The minutes from the November 17 meeting were reviewed. Ogren moved to accept the minutes of the November 17, 2016, meeting as presented. Bockenstedt seconded the motion. The motion carried 4-0, Libby absent. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION/ACTION: a. Westport Easement — Tharp began an overview of this request, noting that page 81 of the pdf is the plat layout. He then showed Members, using the map, just where the area under consideration is located. The request entails the installation of a drainage pipe from the developer's site, across the Airport's land, that will then drain into the detention basin that is behind Walmart. Tharp continued, stating that the Airport essentially has to obtain approval from the FAA before they can move forward with this request. He then responded to Member questions, one of which included how the construction equipment would get to and from this site. Members continued to discuss the land in this area and what type of development might be considered in the future. The developer also spoke to future development as he responded to Member questions and concerns. Tharp noted that they have been working on an agreement and it should be ready for review soon. Goers then briefly gave Members an overview of how they can proceed with this request at this point. Odgaard noted that his T 3b(1) December 15, 2016 Page z only concern is the construction activity, which could affect Airport traffic and also the farming operations in the area. Gardinier asked what the anticipated timeframe is on the project. The developer noted that it would most likely be around one week's time. If approved, the developer is hoping to be able to begin the project in March. Members then discussed the timing issue of this request and subsequent approval. The developer noted that it would be helpful for them to know if this request will be granted or not, so that they can wrap up some transactions having to do with their development. Members continued to voice their concerns, with Odgaard asking if the runway would have to be closed at any time. Tharp noted that this would not be necessary, that the project is small enough in size that the equipment being used would not require a closing. i. Consider a resolution recommending approval of an easement for a storm water drain pipe; ii. Consider a resolution approving an agreement for access and work related to installation of a storm water drain pipe — Resolutions were not acted upon and instead the below motion was considered. iii. Goers then spoke to the motion that the Commission would need to make, in order to move this forward. Ogren moved to recommend that the City Council approve the sale of the storm water easement contingent on FAA approval and satisfaction of the Airport Operations Specialist and City Attorney's Office. Odgaard seconded the motion. The motion carried 4-0, Libby absent. b. Airport Master Plan — Tharp stated that the final part of this process is to accept the final Master Plan. He stated that the original contract was $329,800, and that it was finalized at $329,699.25. i. Consider a resolution accepting work as complete — Ogren moved to consider Resolution #A16-28, accepting work as complete for the Airport Master Plan update. Odgaard seconded the motion. The motion carried 4-0, Libby absent. Goers stated that John Yapp from the City was telling him that at some point the Airport would need to change zoning, based upon the plan updates. This would then mean reviving the Airport Zoning Commission, which he also briefly spoke to. Members continued to speak to the needed zoning updates and why they are needed now. C. FAA/IDOT Projects: AECOM / David Hughes I. Obstruction Mitigation — Todd Allyn with AECOM spoke to Members regarding obstruction mitigation, noting that they have been back and forth with the FAA on the scope of this. ii. South Taxiway Extension — Allyn noted that the survey has been done for this project and that they are starting the design work, with a spring construction start planned. iii. North T -Hangar Restroom — Allyn stated that they need to document the 'low use' of this facility in order to be granted an exception. He added that they have some camera footage that can be used to show this low usage. d. Airport Operations I. Strategic Plan — Implementation — Tharp stated that now that they have the newly updated Master Plan, he would like to have the RFP for the December 15, 2016 Page 3 strategic plan on next month's agenda. Tharp gave Members a brief overview of the strategic plan process and why the Airport began doing this. Basically the strategic plan is short-term goals and objectives. Ogren stated that she was under the impression that Tharp was going to gather information from other airports of the same size and see how they approach this. Gardinier stated that she thought Tharp was going to identify someone locally who has done this type of work before. Ogren stated that she would like to have more conversation around the strategic planning process. The other Members agreed, stating that with their Master Plan in place, they question the need for a strategic plan as well. Gardinier agreed that the Master Plan is more long-term, whereas the strategic plan is something that the Commission utilizes as they move forward in the short-term. Members continued to question the strategic plan process and Tharp responded, noting that since they need to look outside the organization for a facilitator for this planning, there will be a cost involved. Gardinier suggested David Rust, noting that he works with non -profits and recently worked with Riverside Theater. Tharp again noted reasons for using an RFP to come up with a facilitator and Gardinier agreed, stating that it will help them understand what costs will be involved. She suggested they prepare a draft RFP as soon as possible, so that they can perhaps have feedback on it at the next meeting. Tharp will prepare a draft RFP for Members to review and provide feedback on. ii. Budget — Tharp noted that the next topic could be part of both "Strategic Plan -Implementation" and "Budget". He stated that he had a conversation with one of the aircraft operation counting firms, and also with the DOT's Office of Aviation, on what the Airport's plans are for collecting traffic data. The DOT asked what the objective is of the actual aircraft count. He noted that with his inquiries, he has found that it would cost approximately $10,000 per camera to achieve this type of count. In addition there would be some upfront costs to get such a system in place. Tharp stated that the Commission would need to discuss this issue further, looking at what the objectives are for gathering this information, versus using what data they currently collect. Members continued to discuss the reasons for collecting the data, noting that currently the methods they are using are limited in their scope. The conversation kept going back to cost and just what they are looking for by collecting such information. Members suggested looking into having University of Iowa engineering students help them in their efforts. Bockenstedt stated that she had a question regarding the budget. On page 105 of this month's packet, she questioned the total expenses on the revised budget of 372,709 and the YTD, which shows 420,000. Tharp noted that there was the expenditure of purchasing the hangar building from Jet Air, which has skewed the numbers as they appear. Bockenstedt also questioned the $7,000 expense. Tharp explained what was behind this expense in getting power to a hangar. Bockenstedt then questioned if they are over on the "Nursery' expenses, and Tharp responded that actually they are $15,000 under. On page 92, Bockenstedt questioned the "Lost Reserve Payment" of $5,000. She December 15, 2016 Page 4 asked if this was a one-time payment, and Tharp responded, noting that this is the Airport's portion for City insurance. iii. Management — None. e. FBO / Flight Training Reports i. Jet Air — Matt Wolford with Jet Air began with the monthly maintenance reports. He noted that in November they basically transitioned from grass equipment to snow removal. Light bulb replacement, trash pickup, and repair of the men's restroom floor were some of the items mentioned. Members asked if the restroom floor should be replaced any time soon, and Wolford noted the condition it is in. Tharp added that the next time they redo the floor, they should use the flooring they have in the lobby. Looking at December, snow removal has been a major task. Members spoke to runway braking and ice removal, with Wolford and Tharp responding to concerns. Speaking to Jet Air, Wolford noted that they have the foundation for the new hangar done, along with anchor bolts. The next step would be to put the building together, which they hope to begin later this week. This will take anywhere from four to six weeks to complete. Continuing, Wolford noted that Jet Air has remained busy. They currently bought another customs and border control Citation that was decommissioned. This will be parted out for spare parts and sale of engines, etc. f. Commission Members' Reports — Gardinier stated that she attempted a flight to Syracuse over Thanksgiving. She ended up parking the plane in Canton, Ohio and driving to Syracuse. g. Staff Report — Tharp reminded Members that he will be out of the office from December 23 to January 2, 2017. He will be in the area, however, should anyone need to contact him. Ogren asked if they should appoint a temporary Secretary, in light of Libby's absences. Tharp stated that it would be a good idea as he has some items that need signing. Members questioned Libby's absences and Tharp stated that he would have a conversation with him regarding this. He added that he was made aware of an absence for today's meeting. Ogren moved to nominate Bockenstedt as temporary Secretary. Odgaard seconded the motion. The motion carried 4-0, Libby absent. SET NEXT REGULAR MEETING FOR: The next regular meeting of the Airport Commission will be held on Thursday. January 19. 2017. at 6:00 P.M. in the Airport Terminal Building. ADJOURN: Ogren moved to adjourn the meeting at 8:15 P.M. Gardinier seconded the motion. The motion carried 4-0, Libby absent. CHAIRPERSON DATE December 15, 2016 Page 5 Airport Commission ATTENDANCE RECORD 2016 Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time TERM o J N G w A N m 0 m m 0 o J J J N NAME EXP. N J O N m J - N J J m J rn N J O N J m J N N o -4 Cn W N Oi O1 Of � m Of W T Oi Of 0) 01 Minnetta 07/011 X X X X X X O/ X X X X x x x Gardinier 19 E Jose 03/01/ X O/E X N N N N N N N N N N N Assouline 16 M M M M M M M M M M M Chris Ogren 07/01/ X X X X X 0/ X X X O/ X X X X 18 E E A.Jacob 07/01/ X X X X X O/ X X X X X X X X Odgaard 18 E Julie 07/01/ X X x X O/ X X X O/ X O/ x X X Bockenstedt 17 E E E Robert Libby 07/01/ N NM NM N X X X X O/ X X O O O/ 20 M M E E Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time CITY OF IOWA CITY 3b(2) MEMORANDUM Date: 2/15117 To: Mayor and City Council From: Staff Member of Community Police Review Board Re: Recommendation from Community Police Review Board At their January 10, 2017 meeting the Community Police Review Board made the following recommendation to the City Council: (1) Accept CPRB Report on Complaint #16-05 Additional action (check one) No further action needed Board or Commission is requesting Council direction Agenda item will be prepared by staff for Council action S:RECform.doc FINAL/APPROVED COMMUNITY POLICE REVIEW BOARD MINUTES — January 10, 2017 CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 5:30 P.M. MEMBERS PRESENT: Monique Green, Mazahir Salih (5:36 P.M.), Orville Townsend MEMBERS ABSENT: Donald King STAFF PRESENT: Kellie Fruehling, Staff and Patrick Ford, Legal Counsel STAFF ABSENT: None OTHERS PRESENT: Interim Chief of Police Bill Campbell of the ICPD RECOMMENDATIONS TO COUNCIL (1) Accept CPRB Report on Complaint #16-05 CONSENT CALENDAR Motion by Green, seconded by Townsend, to adopt the consent calendar as presented or amended. • Minutes of the meeting on 12/15/16 • Email from Harry Olmstead: Justice Dept Releases Report on Civil Rights Division's Pattern and Practice Police Reform Work Motion carried, 4/0, King absent NEW BUSINESS Community Forum Discussion — Fruehling reminded the Board of the annual community forum. In previous years it has been held in April and there's been a discussion topic to start the meeting. Fruehling asked them to think of topics and dates for the next meeting for discussion. She also reminded them that the new Police Chief will be starting on January 23rd and that it might be a good time to discuss with him having someone from the department be involved in the forums. At past forums community members had questions that were more police related policies/procedures and the board was not able to respond. PUBLIC DISCUSSION Campbell stated he thought Chief Matherly would attend the next CPRB meeting as long as his schedule allowed him to do so. At that time, if the Board has questions regarding the Community Forum they could ask him. BOARD INFORMATION Treloar stated he talked to King regarding his absences. King recently started new employment with a six month probationary period where the hours conflict with the Board meetings. Treloar stated King had asked if the Board would be able to meet over the noon hour or on a Saturday until his probationary period was over. The majority of the Board said it would be difficult to meet during business hours and felt that the weekends were for family and also very busy. They also felt that it was important to have a full Board when meeting. Treloar informed the Board that King does not want to resign as it was difficult to get appointed since he had previously served on the Board. Ford informed the Board that since the absences have been excused up to this point; it is not an option to recommend removal of King to the City Council. Fruehling asked if the Board wanted to look at the by-laws section dealing with absences and put on the next agenda. The Board agreed that was something they wanted to discuss. CPRB January 10, 2017 Page 2 Salih invited the Board to the Unity potluck, which is being held at the Robert A. Lee Recreation Center on Saturday, January 10 at 6:OOpm. STAFF INFORMATION None. EXECUTIVE SESSION Motion by Townsend, seconded by Salih 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, 4/0, King absent. Open session adjourned at 5:44 P.M. REGULAR SESSION Returned to open session at 6:30 P.M. Motion by Salih, seconded by Green to accept CPRB Complaint #16-05 as amended and forward report to the City Council. Motion carried, 4/0, King absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) •February 14, 2017, 5:30 PM, Helling Conference Rm •March 14, 2017, 5:30 PM, Helling Conference Rm •April 11, 2017, 5:30 PM, Helling Conference Rm •May 9, 2017, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by Salih, seconded by Green. Motion carried, 4/0, King absent. Meeting adjourned at 6:33 P.M. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2016-2017 (Meeting Date) KEY: X = TERM 1/25 2/17 4/12 4/26 5/18 5/23 6/7 8/17 9/13 10/11 11/7 11/15 12/15 1/10 NAME EXP. Joseph 9/1/17 X XNM X O/E X X X X X X X X X Treloar Mazahir 9/1/17 X O NM X X O/E O/E X X O X O X X Salih Donald 9/1/19 X O NM X X X X O/E X O/E O/E O/E O/E O/E King Monique 7/1/20 --- --- — --- --- --- --- X X X X X X X Green Orville 7/1/20 -- --- --- — --- --- X X X X X X X Townsend Melissa 9/1/16 X X NM X X X X --- --- — --- --- Jensen Royceann 9/1/16 X X NM X X X O --- — — -- Porter KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319)356-5041 January 10, 2017 Re: Investigation of CPRB Complaint #16-05 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB #16-05 (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 Chiefs 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 Chiefs report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(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 Chiefs findings only if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary or capricious; or N To: City Council Complainant City City Manager ae Equity Director Chief of Police =, f Officer(s) involved in complaint c From: Community Police Review Board Re: Investigation of CPRB Complaint #16-05 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB #16-05 (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 Chiefs 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 Chiefs report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(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 Chiefs 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 Chiefs 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 September 15, 2016. 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 December 14, 2016. The Board voted on December 15, 2016 to apply the following Level of Review to the Chiefs Report: On the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(B)(1)(a). The Board met to consider the Report on December 15, 2016 and January 10, 2017. On December 15, 2016, the Board reviewed audio/video recordings of the incident. FINDINGS OF FACT On September 3, 2016 Officer A while driving in his marked patrol vehicle paused for a group of three males who were waiting to cross the street. The Complainant's behavior got Officer A's attention. Based on the Complainant's behavior, Officer A thought he might be intoxicated and stopped to talk to him and investigate further. The Complainant was noncompliant and argumentative with Officer A and he placed the Complainant under arrest for Public Intoxication. A search discovered that the Complainant had a fictitious drivers license. The Complainant was transported to the jail and charged with Public Intoxication and Possession of a fictitious Drivers License. ALLEGATION 1 — Violated Complainant's First Amendment Right to Freedom of Speech. The observation and factors leading to the Complainant's arrest were poor judgment, slurred speech, strong smell of alcohol, and bloodshot watery eyes. The Complainant was arrested for those reasons and not because of the content of his speech, opinions or beliefs. Allegation: Violated Complainant's First Amendment Right to Freedom of Speech - Not sustained 0 ALLEGATION 2 — Improper/Unlawful detention/arrest. �? Officer A's observations and findings and the Complainant's behavior were sufficipippf,to place Complainant under arrest r— " Allegation: Improper/Unlawful detention/arrest -Not sustained rn ALLEGATION 3 — Improperly/Unlawfully did not allow Complainant to provide verbal identification. Officer A requested the Complainant's driver's license at least three times. The Complainant did not produce his driver's license, or any form of identification. It should be mentioned that the Complainant was noncompliant and verbally challenged the officer. The Officer's attempts to communicate with the Complainant were unsuccessful because he refused to cooperate. Iowa law does not require an officer to identify a subject prior to arrest. Furthermore, Iowa law does not require an officer to accept a subject's verbal assertion of identification. Allegation: Improperly/Unlawfully did not allow Complainant to provide verbal identification - Not sustained ALLEGATION 4 — Failure to offer/administer a pre -arrest sobriety/breath test. Officer A arrested the Complainant based on his observations and the strong smell of alcohol. An officer is not required to offer a pre -arrest breath test. The complainant refused the offer for the post- arrest breath test. Allegation: Failure to offer/administer a pre -arrest sobriety/breath test - Not sustained ALLEGATION 5 — Failure to inform Complainant of reason of arrest. Officer A informed the Complainant that he was under arrest for Public Intoxication. The conversation is captured on the officers' body cameras. Allegation: Failure to inform Complainant of reason of arrest - Not sustained ALLEGATION 6 — Improper/Unlawful search after arrest. Complainant stated that the police did not have the right to look through his wallet following his arrest. The Iowa City Police Department General Order 99-03, Prisoner Transport requires: "Prior to transport, all prisoners shall be thoroughly searched for any weapons or contraband". Also, a search following a lawful arrest is lawful in Iowa. Allegation: Improper/Unlawful search after arrest - Not sustained s y --a c -a - ALLEGATION 7 — Improper handcuffing and intentionally causing pain and tComplainant. p Officer A's body camera indicated that there was not a lack of attention to the Ccmplaina Ws statements. The body camera revealed that the officer did adjust the handcuffs. He also explained how the handcuffs worked so the Complainant could position his hands correctly to avoid discomfort. Allegation: Improper handcuffing and intentionally causing pain and injury to Complainant - Not sustained ALLEGATION 8 — Profanity. In review of the audio/video it was clear that Officer A did not use profanity when addressing the Complainant. Allegation: Profanity - Not sustained ALLEGATION 9 — Fabricated probable cause. Officer A's body camera documents that the Complainant was intoxicated, refused to cooperate, was noncompliant and verbally challenged the officer. This is ample evidence to support probable cause. Allegation: Fabricated probable cause - Not sustained Officer A did an excellent job of handling the situation. It should also be mentioned that he was not only dealing with the complainant but he also did an excellent job of encouraging his friends to keep a safe distance. The Board was concerned that there was no audio with one of the videos. The Board wants to ensure that the department's equipment is both operating the way its intended to, and is operated by the officers the way it is intended to. y 9 _ m7rrr T' 3b(3) MINUTES APPROVED HISTORIC PRESERVATION COMMISSION JANUARY 12, 2017 EMMA J. HARVAT HALL MEMBERS PRESENT: Thomas Agran, Esther Baker, Kevin Boyd, Gosia Clore, Sharon DeGraw, Andrew Litton, Pam Michaud, Frank Wagner MEMBERS ABSENT: Zach Builta, Cecile Kuenzli, Ginalie Swaim STAFF PRESENT: Jessica Bristow, Bob Miklo OTHERS PRESENT: Zach Evans, Royce Chestnut RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) CALL TO ORDER: Vice Chairperson Baker called the meeting to order at 5:30 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. CERTIFICATE OF APPROPRIATENESS: 1190 East Court Street. Bristow said this Queen Anne house on an alley is in the Longfellow Historic District. She said the house is pretty much exactly the way it was, in that it does not have any additions at this point. Bristow said the porch was rebuilt using original spindles. Bristow said the owners want to put an addition on the back of the house to enable them to have some accessible bathroom/bedroom space on the first floor. She showed a top view of the back of the house as well as the east elevation. Bristow showed a 3D model of the addition. Bristow said this project has gone through several iterations, and many of the issues have been worked through. She said that what staff found to be really important was for the horizontal lines such as the soffit line to match up with the porch horizontal lines and that the roof itself would fit in so that nothing would have to be done to disturb, remove, or resize the rear window. She said it is in an interior corridor that the owners would like to maintain. Bristow showed the plan view, showing the planned bedroom and bath. She said the plan is to incorporate a bump out that is similar to the projections on the main house. Bristow stated that otherwise it is simple, more like would be seen with a one-story kitchen or porch addition on a Queen Anne house. Bristow showed the east view. She showed where there is matching in with the wall that currently exists, instead of setting it back, just to kind of simplify how the addition meets the house. Bristow said that on the other side, it does protrude six feet. She said that while the guidelines discuss keeping an addition behind the house and behind the front facade, this is on the alley side. Bristow said there is currently a privacy fence along that side. She said staff feels that having a bump out on this side, since the house also has a bump out on this side, would allow the owners to get the space they need and still keep the addition to the back. HISTORIC PRESERVATION COMMISSION January 12, 2017 Page 2 of 9 Bristow said this will be matching all the siding, all of the corner boards, the fascia, and soffit on the main house. She said the owner wants to put some of the decorative trim, like that found on the house, on the addition. Bristow said that additions are usually simplified, and by having the low, hipped roof, the addition is already simplified. She said staff feels it would be okay to have some of the fish scale in the gable over the bump out so the owners can get a little bit of the decorative quality they want. Bristow said the model shows the addition with asphalt shingles, but it will not have asphalt shingles. She said the roof slope is low enough that the owners will have to do some kind of membrane roof. Bristow said staff felt this roof slope really works for this addition and trying to make it fit in with the main house and that having a membrane roof would be appropriate in this location. Bristow said she would work with the contractor to approve window product information so that there is something that works well with all of the original windows that are still on the house. She added that the owners are interested in having a limestone foundation that would match the limestone foundation on the house. Clore asked if the addition would have a full basement underneath it. Bristow did not know Michaud asked if the back door would remain. Bristow confirmed this, saying that the back door and back porch would all stay as they are now. Litton asked if there should be shutters on the windows. Miklo said there should probably not be, given this character of house. He said they were added by the applicants some time ago, before there was a district here. Bristow said the shutters on the house seem to be kind of sporadic. She said that to minimize this, there should probably not be more shutters. MOTION: Wagner moved to approve a certificate of appropriateness for the project at 1190 East Court Street as presented in the staff report with the following condition: window product information to be approved by staff. Litton seconded the motion. The motion carried on a vote of 8-0 (Builta. Kuenzli, and Swaim absent). 728 Grant Street Bristow stated that this is a small cottage that has had significant changes. She said that while it was at one point considered at least marginally contributing, staff really feels that because of some of the changes that have occurred over the last 50 years, it is no longer contributing. Bristow said there is a chance that this house could become contributing, but it has asbestos siding and all the windows that have been changed to smaller windows are set at an unnaturally low position. She said there is also, from the south side view, kind of a break in the foundation where the rear portion and the porch were added at some point in time. Bristow said she assumes that, at least in the front room, it originally had a double hung window like the front double hung window. Bristow said the applicant is proposing to rearrange some of the windows. She said that originally, the owner was going to move the gang of three windows on the south side to get more light in and raise all three sets of windows up higher to a natural head height. HISTORIC PRESERVATION COMMISSION January 12, 2017 Page 3 of 9 Bristow said she went to the site and had discussions with the owner about the house. Bristow said that a lot of it is kind of down to the studs, and the spaces inside have been rearranged. She said that having the head height, even with the front window, which is probably in its original position, would be the most logical place to put it. Bristow said it seems that, since there was a double hung window in the front room, actually replacing that front window with a double hung window would allow more light and be one step toward bringing this house back to the way it originally was. Bristow said the proposal is now slightly different from what was in the packet. Bristow said that the proposal is now to put a double hung window in the location at the higher head height and then use the existing square window to replace the gang of three windows in the back. She said that then its head height and the middle window's head height would be raised so that all of those would be equal, but the gang of three windows would go away. Bristow said she will work with the applicant to get product information on the window to make sure it is something that works well with the front window. She said she believes it looks like a replacement window in the original location. Bristow said the siding is asbestos siding that the contractor would like to reuse and not have to reside the whole house. She said staff will work with the contractor to match if needed or come up with a solution or bring this back before the Commission. Litton asked, if it turns out the siding is too brittle to be salvaged and reused, is the Commission able to expedite things for the applicant by approving an alternative such as lap siding, rather than having to come back for approval. Bristow said she does not know what the owner would want to do, although lap siding would be the most logical way to go overall for this house. She said that this could end up being in a transition period where one wall is lap siding for years, and she did not know how the Commission would view that. Chestnut, the contractor, said that the back of the house has very minimal siding on it. He said there is a composite -like product that kind of mimics this. Chestnut thought that if he had to, he could use the material from the back, which faces the creek, until the siding is replaced. Miklo asked if the original wood, lap siding is still underneath this. Chestnut said it is not. He said it is just planks underneath this. Bristow said the idea would be to make sure there is not an area that looks patched in. She said that if the siding is taken from the back and moved up, then maybe the back side would need to be resided. Bristow said the Commission might feel that a lap siding for the back would be the best way to go, because that would be the direction it should eventually go. MOTION: Agran moved to approve a certificate of appropriateness for the project at 728 Grant as presented in the staff report with the following conditions: window product information to be approved by staff, and any siding issues in which the siding needs to be borrowed from other parts of the building to be approved by staff and the chair. Clore seconded the motion. The motion carried on a vote of 8-0 (Builta, Kuenzli, and Swaim absent. HISTORIC PRESERVATION COMMISSION January 12, 2017 Page 4 of 9 411 Davenport Street. Bristow said this house is in the Goose Town/Horace Mann Conservation District. She stated that in July 2015, the Commission approved adding an egress window. Bristow showed where the egress window was intended to go on a portion of the slab. She said it was actually installed on the side of the house in a more traditional location for an egress window and window well. Bristow showed the original plan for the window, including the window, the planned view looking down, and a section with the window well and steel grate. Bristow stated that the applicant is currently proposing to have a roof canopy approved. She said that it is currently installed and is constructed of shingles to match the house and a trim that is painted to match the house. Bristow said the applicant's proposal states that this is to keep water from going into the window well, to prevent people who walk through this area from falling into the window well, and to prevent leaf clutter and other debris. Bristow said that staff did research to determine if there is any precedent for historically putting a roof canopy like this over a window well but could not find anything. She said there is not evidence of a change in elevation adding to some need for a low cover like this. Bristow said staffs thought was that the proposed metal grate that was originally approved for this would prevent people from falling in. She said that typically the window well itself is constructed with rock and drainage in the bottom so that the water can drain away, and debris would be removed as part of maintenance. Bristow showed images of two other successful window wells. She showed one with a wood frame and screening to keep debris out. Bristow said it does have drainage. Bristow showed another window well for which the contractor made his own mold so that he could make a cap to the block to make the top of the block match the rough texture of the side to match the foundation. The contractor should be commended for going to such lengths to match the foundation with the window well. This window well does not have a cover either. Bristow said staff finds that having a roof canopy is not something that would fit with the guidelines and would do more to degrade the historic character of the home than it would do to protect from water and debris. She said that a metal grate would work to keep anyone from falling in. Evans, the owner of the house, said that when he put the canopy on, he had already made a grate and had done everything the way he planned on doing it. He said that after a couple of weeks there were a couple of heavy rains and some situations with tenants, so it just was not working out. Evans said that to him this was the best option. He said he was not trying to sneak anything by without a permit but was just trying to make it look the same. Evans said he looked at the rest of the neighborhood for ideas and actually found a lot of other properties that had canopy coverings and some with multiple coverings. He said he did that, because it seemed the best way. Evans said there is a scenario on that side of the house in that it is really exposed to west. He said that when it rains from the north and the west, the wind and leaves just pummel that area. Evans said the window well has drainage. He said there has not been a water problem inside the structure, but it is more a situation of a constant problem to deal with if it is not covered. HISTORIC PRESERVATION COMMISSION January 12, 2017 Page 5 0£9 Evans said, regarding the staff comments, he did not understand about the guidelines recommending the material of the foundation but do not include any guidance to allow a roof canopy. He said he did not know if something like this is possible if there are no rules to follow. Evans said that if the canopy cannot stay there, he would like something at least close to it that would achieve the same results to protect the house and the window. Michaud asked if water has seeped into the window or into the floor in the basement. Evans said he has not had any water in there, but this is more of a proactive thing. He said that when it does rain, there becomes like a drift of leaves in there. Evans said that with an inch of rain, it is three inches from the window, and he is just trying to prevent something that could happen in the future. He said the grate just was not doing what it needs to do, besides keeping people out of it. Miklo said the applicant pointed out there are others of these roof canopies in the neighborhood. He said that is why this is a conservation district - to prevent these kinds of solutions. Miklo said the goal is that when there is investment in these buildings, it be done in an appropriate way, similar to the examples that were shown. He said this just announces that this is a rental property, bedrooms are being put in the basement, and there is not a good solution, so we're coming up with these unconventional additions to the house. Miklo stated that, in a conservation district, it is important not to carry on this sort of solution. Clore asked if there is a non -permanent way to cover that with a plastic, see-through type of rain protection, to keep rain from going into the window well. Evans replied that there are lots of things he could do that would be flat or would cover the top of it. Miklo said he believes that screening and periodically cleaning out the window well is the solution. He said it doesn't sound like there is a drainage problem, but if there is, it would be a matter of just digging a little bit deeper and putting more gravel in the bottom. Miklo said these are seen all over town, and they function and do not call attention to themselves like this one does. Wagner asked about the awning image and if that actually still allows for the 5.7 square feet of egress for the window. Evans stated that it does, and it meets the building code. He said he does not want to have an issue with any of the properties he owns. Evans said he personally does not find anything wrong with the aesthetic look of this. He said that in an hour of driving around, he found lots of properties, over 28, that had these covers. Evans said he does not know for sure if they are all rental properties, but he could probably find out. Evans said there are lots of these that are not even close to as nicely built as this one is, as it matches the house. He said that they are built out of rough metal and have gutters on them. Evans said they are all in historic districts and conservation districts. He said he doesn't want to make this look like something that shouldn't be there, but he also wants to protect the house in a legitimate way that is going to work. Michaud asked if it would work to put Plexiglas here instead of the roof material. Bristow said there is an egress window cover that can be custom made that includes a structure and some kind of Plexiglas that would fit flush with the top of the window well or as low profile as the original grate. HISTORIC PRESERVATION COMMISSION January 12, 2017 Page 6 of 9 Evans said a four by eight sheet of rigid plastic is made that he could put over the grate. He said then there is the issue of flow off of it, because the grate is not sloped, and attaching it somehow to the grate and to the top of the window well itself. Evans said he can see something happening in the future and is trying to be proactive. He said that without babysitting it every single day, any other option at one time or another may work for a period of time, but this would work forever. Litton said it is his feeling on this that the Commission approved the grate and there are not drainage issues right now. He said that it sounds like the biggest issue is keeping out debris and things blowing in. Litton said there are solutions to keep things out that are also found all over town. He said the awning also has open sides, so things could maybe blow in just as easily even with the awning. Evans said that it has made a big difference. He said the only other way he could keep stuff out would be with some type of screen, like the earlier example. Evans said that is problematic, because it could be taken off, moved, or destroyed; it is just problematic for the property. Litton said he does not exactly see it that way. He said that another clear covering or screen, like in the examples shown, would allow light into the living space, and that also seems like a positive thing. Litton said he would be in favor of approving something less substantial than this. Clore said she does not think this would have ever passed. She said the Commission should view this as if it was not already here. Clore said there are other ways of dealing with the issue that do not look like this. Bristow stated that the proposals for this roof could be approved with changes or could be not approved. She said that if it was not approved and the applicant wanted to work on some kind of low -profile method that was not attached to the house, it would not need Commission approval at all. Miklo said that the original approval had the screen on it. He said the Commission could deny this and leave it at that. Miklo said that for putting in screen or Plexiglas, the applicant will not have to come back. Bristow stated that she has seen something that is actually manufactured. She said that might be another solution that would solve some of the issues. Bristow said it would allow light in, because it wouldn't actually have the roofing material. Michaud asked if it would work if the roofing material was detached and Plexiglas was put on that same angle. Miklo said he did not believe so: He said it would have to be something that is not visible. MOTION: Boyd moved to deny a certificate of appropriateness for the project at 411 East Davenport Street as presented in the application. DeGraw seconded the motion. The HISTORIC PRESERVATION COMMISSION January 12, 2017 Page 7 of 9 REPORTS ON CERTIFICATES ISSUED BY CHAIR AND STAFF: Certificate of No Material Effect - Chair and Staff Review, 431 North Van Buren. Bristow said that for this house, originally the owner wanted to take out a window and try to sandwich in a manufactured window unit to save the stained glass. She said that instead, the owner made a storm window to put over it, which was all the owner needed to do. Minor Review - Staff Review. 728 Grant Street. Bristow said this application came up before the window reconfiguration. She presented a photograph that showed that it was in process. Bristow stated that this house had a wheelchair access ramp that was really extensive and deteriorated. She said the owner wanted to remove that and put the porch back on. Bristow said that there are interesting columns here that were added when the shutters and siding were done. She said the owner wanted to repeat that motif on the railing, because it is kind of unusual. Bristow said it is basically just two spindles with a little cut out piece in between each one. Bristow said it was a little unusual, because this whole thing was added at one point. She said that the roof was not original, and there was a little bit of foundation on the front step that was probably a little bit smaller than this. Bristow said staff found this to be okay. CONSIDERATION OF MINUTES FOR DECEMBER 8,2016: MOTION: Wagner moved to approve the minutes of the Historic Preservation Commission's December 8, 2016 meeting, as written. Agran seconded the motion. The motion carried on a vote of 8-0 (Builta, Kuenzli, and Swaim absent). ANNUAL HISTORIC PRESERVATION AWARDS: Bristow reminded the Commission that the awards would be held Thursday, January 19, at 5:30 p.m. in Meeting Room A of the Library. She added that there will be refreshments available starting at 5:00. Bristow stated that 19 properties will be receiving awards. COMMISSION INFORMATION AND DISCUSSION: Miklo announced that the City has received a grant from the National Park Service to list the Iowa Federation of Colored Women's Clubs Home on Iowa Avenue and to list Tate Arms on the National Register and to develop interpretive material such as a sign in front of each building and web material and pamphlets to highlight the history of these two properties. He said these properties were the answer to an issue brought forward by the African American community, as the University allowed African American students as early as possibly the 1870s but did not HISTORIC PRESERVATION COMMISSION January 12, 2017 Page 8 of 9 provide dormitory space when dormitories started to be constructed in 1919. Miklo said their solution was to provide their own housing. Miklo said that both of these buildings are still standing. He said the building on Iowa Avenue is pretty much the same as the day it was built, with a few minor changes. Miklo said that Tate Arms was modernized sometime in the 1940s or 1950s, presumably by the Tates. Miklo stated that there were 39 of these grants issued nationally. He said this was the only one issued in Iowa and one of only three or four in the Midwest. Miklo said there will be more to come as this program is developed. Bristow distributed a schedule for upcoming meetings. She said that the June meeting was changed, because it conflicted with the Preservation Summit to be held in Fort Dodge. Bristow asked Commission members for their opinions on the start time for the meeting. The consensus of the Commission was to leave the starting time at 5:30. ADJOURNMENT: The meeting was adjourned at 6:15 p.m. Minutes submitted by Anne Schulte HISTORIC PRESERVATION COMMISSION ATTENDANCE RECORD 2016-2017 NAME TERM EXP. 2/11 2/25 3/12 4/14 5/12 619 7/14 8/11 9/8 10/13 11/10 12/8 1/12 AGRAN, THOMAS 3/29/17 0/E X X O/E X X O/E O/E X X X X X BAKER, ESTHER 3/29/18 X X X X X X X X X X O/E X X BOYD, KEVIN 3/29/17 --- --- — — — — — --- X X X O/E X BUILTA, ZACH 3/29/19 — --- --- X X X X X X X X X O CLORE, GOSIA 3/29/17 X O/E X X X O/E X X X O/E X X X DEGRAW, SHARON 3129/19 — — — X X X X O/E X O/E X X X KUENZLI, CECILE 3/29/19 -- -- — O/E O/E X X X X X X X O/E LITTON, ANDREW 3/29/17 X X X X O/E O/E X O/E X X 0/E O/E X MICHAUD, PAM 3/29/18 X X X X X X X O/E X X X X X SANDELL, BEN 3/29/17 X X X X X XtX — — — — SWAIM, GINALIE 3/29/18 X X X X X X X X X O/E O/E WAGNER, FRANK 3/29/18 X X X X X X X X O/E X X X KEY: X = Present O = Absent O/E = Absent/Excused — = Not a Member M72'A ?rl 3b(4) Minutes APPROVED Human Rights Commission January 17, 2017 Metropolitan Planning Organization of Johnson County Office Members Present: Eliza Willis, Jeff Falk, Shams Ghoneim, Adil Adams, Kim Hanrahan, Joe D. Coulter, Barbara Kutzko, Andrea Cohen. Staff Present: Stefanie Bowers. Others Present: Emily Bothell, Tracy Hightshoe, Henri Harper, David Schwindt, Michelle Hoehne, Carla Phelps, Rafael Morataya, Tracey Achenbach. Recommendations to City Council: No. Call to Order: Ghoneim called the meeting to order at 5:30 pm. Approval of December 20, 2016 Minutes: Coulter moved to approve the minutes; the motion was seconded by Hanrahan. A vote was taken and the motion passed 8-0. Election of Officers for 2017: Deferred to February 21, 2017 meeting date. Hanrahan moved to defer; the motion was seconded by Coulter. A vote was taken and the motion passed 8-0. Funding Request Night of 1000 Dinners: The Night of 1000 Dinners is sponsored by the Johnson County Chapter of the United Nations Association. This year, proceeds from the event will be donated to Adopt -a -Future, a project for refugee schools in Kenya to prevent a lost generation. Coulter moved to approve the funding request for $250; the motion was seconded by Kutzko. A vote was taken and the motion passed 7-0. (Cohen abstained citing conflict of interest). Social Justice and Racial Equity Grant Applications: Commissioners discussed whether to allow public,comment during the discussion of the applications. Coulter moved to restrict any public comment by applicants , the motion was seconded by Willis. A vote was taken and the motion failed 2-6. (Kutzko, Hanrahan, Adams, Falk, Willis, and Cohen in the negative). Willis moved to allow applicants to comment if Commissioners had questions concerning their application; the motion was seconded by Adams. A vote was taken and the motion passed 6-2 (Ghoneim and Coulter in the negative). Commissioners discussed how to review the nine applications received for fiscal year 2017. Cohen moved to review each application one by one; the motion was seconded by Adams. A vote was taken and the motion passed 8-0. The grants were discussed in the following order: Sankofa Outreach Connection, Inside Out Reentry, Inc., Successful Living, City of Iowa City Parks and Recreation Department, City of Iowa City with World of Bikes, and Iowa City Bike Library, Johnson County Affordable Housing Coalition, and Center for Worker Justice of Eastern Iowa. United Action for Youth and Iowa Legal Aid were deferred to the Wednesday, January 25, 2017 meeting date. The decision to defer allowed Commissioners to ask questions of those applicants that were present at the meeting. Each Commissioner will rank each application (1 being highest and 9 being lowest) in preparation for the meeting on Wednesday, January 25, 2017. The ranking by each Commissioner will exclude the funding amount requested. Budgetary considerations will be discussed after a majority of the Commission has agreed on a ranking order for the applicants. A meeting was set for Wednesday, January 25, 2017 from 5:15 — 7:15. Staff will arrange a meeting space. Adjournment: 7:30 PM. Late Handouts from the Human Rights Commission meeting of January 17, 2017. Sunday Jan. 22 12-5 PM Abraham's Walk Celebrating Our Diverse Community, (Walk, Talk, Share, Care Together) Where We'll Walk: • Recreation Center Iowa City Noon • Hillel House 1:00 • IMU 2:00 PM • LNACC 3:00 PM St. Raphael of Brooklyn 4:15 PM Join us to celebrate our diverse community step by step "We cannot walk alone. And as we walk, we must make the pledge that we shall always march ahead. We cannot turn back." -Dr. Martin Luther King Jr. m JPSR Uwa 01' k ifil el More Info at: www.psriowa.org 8 ,� N i wa -. iw. u.nw N.rom •.w.ax.e V1, bit LlIl,�sa:4:l rii!a.Jl'�J.I,.�U �i}!Wd ,.� { caund In �mamaMMvwo+ ,w„'�, ,•�"� VV PAX CHRIS TO Iowa Cities UI Global Health Studies __ _. I Smlaruc liowe,e From: Carla Phelps <cphelpa@lcsucCess.org> Sem: Friday, January 13, 2017 2:03 PM To: Stefanie Bowers Cc: Roger Ooedken Subject: RE: SJRE correction IV Below, where is says $20k (net collectable rents), is the correction (replaces '$57k'). \ �� Correct: Organizational budget for 2017 and 2018. We project total agency revenues for FY17 (FYE=June 30, 2017) to be $1.5M, and our net income to —$0. e are a true non-profit. This will remain unchanged with the purchase of the new house with this grant, since the actual acquisition will not occur until FY18 (FYE=June 30, 2018). FY18 total revenues will be a factor of FY17 revenues, plus the additional revenue we project for this new Transitional house, which are estimated to be $20k (net collectable rents), for July 1, 2017—June 30, 2018. (We expect other FY18 increased programming will also contribute increased revenues, independent of the new Transitional house.) Kind regards, Cada J. Phelps Successful Living Supportive Housing Program Grants and Development Officer Iowa City, Iowa 52240 P: (319) 356-0947 F: (319) 358-6807 "Power has only one duty --to secure the social welfare of ale People." — Benjamin Disraeli From: Stefanie Bowers [maiito:Stefanle-Bowers@iowacity.org] Sent: Friday, January 13, 2017 1:59 PM To: Carla Phelps Subject: Re: SJRE correction Carla, At this point I think it would be more efficient to send me an email with just the correction. I can pass it out as a late handout on Tuesday at the Commission meeting. SB On Jan 13, 2017, at 1:21 PM, Carta Phelps < org> wrote: Hi Stefanie, In reading thru all the apps, I gave a last read to ours, too, and found an editing error under Organizational Budget 2017 2018. It says we will have additional revenue from the new Transitional House of $57k. That is much more than we expect actually. When i was re -writing the final draft, I somehow made this mistake. Can I correct and re -send? Kind regards, Carla J. Phelps Successful Living Supportive Housing Program Grants and Development Officer Iowa City, Iowa 52240 P: (319) 356-0947 F: (319) 358-6807 "Power has only one duty --to secure the social welfare of the People." Beniamin Disraeli No virus found in this message. Checked by AVG - www.aviacom Version: 2016.0.7996 / Vitvs Database: 4749/13761 - Release Date: 01/13/17 Human Rights Commission Attendance Record Key X = Present O = Absent O/E= Absent/Excused R = Resigned -- = Vacant TERM 2/16 3/15 4/18 5/17 6/21 7/7 7/19 8/16 9/20 10/18 11/15 12/20 1/17/ NAME EXP. 16 16 16 16 16 16 16 16 16 16 16 16 17 Barbara 1/1/2020 -- --- --- -- --- -- -- -- — X X X X Kutzko Jeff Falk 1/1/2020 --- --- -- -- -- -- -- -- -- -- -- -- X D'Angelo 1/1/2020 --- --- --- — --- -- -- --- -- X X O/E R Bailey Joe D. Coulter 1/1/2019 X X X O/E X X O/E X O/E X X X X Adil D. 1/1/2019 O O/E O X X X X X X X X X X Adams Eliza Jane 1/1/2019 O/E X X X X X X X X X X X X Willis Andrea Cohen 1/1/2018 X X X X X X X X X X X O/E X Kim 1/1/2018 X O/E X X X X X O X X X X X Hanrahan Shams 1/1/2018 X X X X X X X X X X O/E X X Ghoneim Key X = Present O = Absent O/E= Absent/Excused R = Resigned -- = Vacant r T CITY OF IOWA CITY 3b(5) MEMORANDUM Date: February 13, 2017 To: Mayor and City Council From: Bob Miklo, Planning & Zoning Commission Re: Recommendations from Planning & Zoning Commission At their February 2, 2017 meeting the Planning & Zoning Commission approved the January 19th minutes with the following recommendations to the City Council: By a vote of 7-0 the Commission recommends approval of SUB16-00011 the preliminary plat for Dean Oakes Seventh Addition, a 1 -lot, .826 -acre residential subdivision on the east end of Bristol Drive. 2. By a vote of 7-0 the Commission recommends that the City Council forward a letter to the Johnson County Board of Adjustment, recommending that an application submitted by S & G Materials to Johnson County for a Conditional Use Permit to allow for sand and gravel mining on property south of their current site at 4059 Izaak Walton Road be approved subject to compliance with the mitigation plan (CPU16- 0004). 3. By a vote of 7-0 the Commission recommends amending the outdoor service areas regulations in Title 4 of the City Code, and temporary use provisions in Title 14 of the City Code, to allow limited use of amplified background music for eating and drinking establishments in the Riverfront Crossings - South Gilbert and West Riverfront subdistricts. 4. By a vote of 7-0 the Commission recommends approval an amendment to City Code Section 14 -2G -7F-9, Sign regulations in the Riverfront Crossings Form -Based Code, to change the sign allowance for fascia signs for manufacturing uses in the South Gilbert Subdistrict. 5. By a vote of 7-0 the Commission recommends approval of the amendments to the standards for the South Gilbert Subdistrict of Riverfront Crossings in City Code Section 14 -2G -3A to address building and parking placement for properties that front on Highway 6 as specifically outlined in the staff report. Additional action (check No further action needed Board or Commission is requesting Council direction _X_ Agenda item will be prepared by staff for Council action - Done MINUTES APPROVED PLANNING AND ZONING COMMISSION JANUARY 19, 2017 — 7:00 PM — FORMAL MEETING EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Mike Hensch, Ann Freerks, Phoebe Martin, Max Parsons, Mark Signs, Jodie Theobald MEMBERS ABSENT: None STAFF PRESENT: Karen Howard, Bob Miklo OTHERS PRESENT: Liz Maas RECOMMENDATIONS TO CITY COUNCIL: By a vote of 7-0 the Commission recommends approval of SUB16-00011 the preliminary plat for Dean Oakes Seventh Addition, a 1 -lot, .826 -acre residential subdivision on the east end of Bristol Drive. By a vote of 7-0 the Commission recommends that the City Council forward a letter to the Johnson County Board of Adjustment, recommending that an application submitted by S & G Materials to Johnson County for a Conditional Use Permit to allow for sand and gravel mining on property south of their current site at 4059 Izaak Walton Road be approved subject to compliance with the mitigation plan (CPU16-0004). By a vote of 7-0 the Commission recommends amending the outdoor service areas regulations in Title 4 of the City Code, and temporary use provisions in Title 14 of the City Code, to allow limited use of amplified background music for eating and drinking establishments in the Riverfront Crossings - South Gilbert and West Riverfront subdistricts. By a vote of 7-0 the Commission recommends approval an amendment to City Code Section 14 -2G -7F-9, Sign regulations in the Riverfront Crossings Form -Based Code, to change the sign allowance for fascia signs for manufacturing uses in the South Gilbert Subdistrict. By a vote of 7-0 the Commission recommends approval of the amendments to the standards for the South Gilbert Subdistrict of Riverfront Crossings in City Code Section 14 -2G -3A to address building and parking placement for properties that front on Highway 6 as specifically outlined in the staff report. CALL TO ORDER: Freerks called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There were none Planning and Zoning Commission January 19, 2017 — Formal Meeting Page 2 of 11 COMPREHENSIVE PLAN ITEM (CPA16-0004): Consider a motion setting a public hearing for February 2 for discussion of an amendment to the Comprehensive Plan to change the text to allow residential uses in the commercial zones south of Iowa Interstate railroad and east of Scott Boulevard located in Scott -Six Industrial Park. Miklo explained that it is a requirement that the City announce that there is an amendment to the Plan being considered at the February 2, 2017 meeting. Hensch moved to set a public hearing for February 2 for discussion of CPA16-0004. Martin seconded the motion. A vote was taken and the motion carried 7-0. DEVELOPMENT ITEM (SUB16-00011): Discussion of an application submitted by Oakes Construction for a preliminary plat of Dean Oakes Seventh Addition, a .826 -acre, 1 -lot residential subdivision located on the east end of Bristol Drive. Miklo began the staff report showing a map of the area noting that there are two parts of Bristol Drive and the thought is that someday the street may come through and connect. The likelihood of that is low due to steep ravines and difficulty of providing sanitary sewer service to the area east of Bristol Drive north of Dubuque Road. The zoning of this area and surrounding area is RS -5 low-density single family and the area to the east is rural residential (RR1) because it drains away from the city and currently cannot be served by the sanitary sewer network. The proposal is to take the last remnant piece of property, just east of Dean Oakes Fifth Addition and plat it for a single-family lot. Because of the slight possibility of a future road connection, the City is recommending a hammerhead turnaround to allow for fire trucks or large vehicles to turnaround. Miklo noted that the subdivision complies with the Comprehensive Plan, Zoning Code, and Subdivision Regulations. Staff recommends that the preliminary plat for Dean Oakes Seventh Addition, a 1 -lot, .826 -acre residential subdivision on the east end of Bristol Drive be approved. Freerks opened the public hearing. Seeing no one Freerks closed the public hearing. Signs moved to approval of SUB16-00011 the preliminary plat for Dean Oakes Seventh Addition, a 1 -lot, .826 -acre residential subdivision on the east end of Bristol Drive. Parsons seconded the motion. Freerks noted that with the terrain and how the area is laid out it is probably best use of otherwise wasted space. Martins asked if this lot has City sewer and Miklo confirmed it does A vote was taken and the motion carried 7-0. Planning and Zoning Commission January 19, 2017—Formal Meeting Page 3 of 11 CONDITIONAL USE ITEM (CU16-00004): Discussion of an application submitted by S & G Materials to Johnson County for a Conditional Use Permit to allow for sand and gravel mining on property south of their current site at 4059 Izaak Walton Road. This property is located south of Iowa City and west of the Iowa River in Fringe Area C of the Fringe Area Policy Agreement but is outside of the Iowa City Growth Boundary. Miklo explained that the County Zoning Code allows these types of uses Conditional Use Permits by the County Board of Adjustment. The County Code gives the opportunity for any City within two miles to comment and make a recommendation. If the City recommends against such a conditional use permit then it requires a super majority (or four out of the five) members of the Board to approve. Miklo noted that the City's interest in this area is more on a regional basis, it is outside the City's growth area, and we do not anticipate that it will be annexed into the city, but it is along the riverfront which the City sees as a resource for open space and recreation. He said that is the context in which staff reviewed this application. Miklo stated that this is a continuation of a sand and gravel mining operation that has been in operation for a number of years. It began on Izaak Walton Road and with the City's recommendation the County allowed expansion in 2006. This would be the third expansion. City and County staff inspected the property with Liz Maas, a consultant to S & G Materials, who outlined the mitigation, mining, and restoration processes both underway and planned on the applicant's property. S & G must meet the requirements of the Johnson County Sensitive Areas Ordinance, which requires that for every acre of wetland impacted, two acres of wetland must be constructed. Staff believes S & G Materials has demonstrated a commitment to proper habitat restoration and sustainable mining practices. Staff recommends that the City Council forward a letter to the Johnson County Board of Adjustment, recommending that an application submitted by S & G Materials to Johnson County for a Conditional Use Permit to allow for sand and gravel mining on property south of their current site at 4059 Izaak Walton Road be approved subject to compliance with the mitigation plan. Martin asked if the environmental expert that was on the inspection noted any infringements on the river currently. Miklo said that much of the property is in the flood plain and is reviewed by the Iowa Department of Natural Resources and also the activity does not go right up to the river, there is a buffer zone. Signs asked about the blue line stream. Miklo explained that a blue -line stream is a stream that shows up on the US Geological survey maps. Some streams are small and do not have water running through them year-round and tend not to show up on the survey maps. Miklo said blue - line streams are regulated. Freerks asked if there would be tree buffer between the operation and the adjacent road. Miklo said the applicant could address that. Martin asked if the owners of the homes in the area were told about the meeting and this proposal. Miklo said not the City meeting, but they will be informed of the County meeting regarding this item. Freerks opened the public hearing. Planning and Zoning Commission January 19, 2017 — Formal Meeting Page 4 of 11 Liz Maas (620 Ronald's Street) works for Transition Ecology and is representing S & G Materials on this application. She noted that the basins shown on the map and that the one marked C does not actually go all the way to the road and because of that topographically there is no sand and gravel mining proposed for that area with this project, so that will serve as a buffer. Additionally no additional truck traffic will be on Oak Crest Hill Road SE. Maas noted that Blue -line streams are federally regulated as well as by the State and the County. In addition, because this property has wetlands on it, which are also federally protected, so they are careful to not touch any of those areas on this property. The impacts they are proposing are mostly old ditches that have been carved by farmers over the years to allow for drainage, which may look like wetlands but are considered farm basins. Any areas they are disturbing they are offsetting the impact with the construction of mitigation sites (such as the area to the north). Additionally after they are done mining in an area, they are required to create wetland shoreline areas. With regards to the question about the river, the other entity that manages these types of sites is an organization called MSHA and the Iowa Department of Agriculture also permits this activity and have regulations on how close to the river the mining can actually be. During the flood of 2014 and 2008 this area flooded but some of the area sits high enough that it was not flooded. Recently they received a "no rise" certificate for the entire property to illustrate that the sand piles and activities on the property are not causing rise of water upstream. Hensch asked what the anticipated life span of this quarry would be. Maas stated that the preexisting quarry has been in operation for the last 15 years and probably has another 2-3 years to finish out, depending on need. The second additional will probably be in operation another 15-20 years. Freerks closed the public discussion. Hensch moved to recommend that the City Council forward a letter to the Johnson County Board of Adjustment, recommending that an application submitted by S & G Materials to Johnson County for a Conditional Use Permit to allow for sand and gravel mining on property south of their current site at 4059 Izaak Walton Road be approved subject to compliance with the mitigation plan. Martin seconded the motion. A vote was taken and the motion carried 7.0. CODE AMENDMENT ITEMS: 1. Discussion of an amendment to outdoor service areas regulations in Title 4 of the City Code, and temporary use provisions in Title 14 of the City Code, to allow limited use of amplified background music for eating and drinking establishments in the Riverfront Crossings - South Gilbert and West Riverfront subdistricts. Howard explained that the City has received a request from Big Grove Brewery, who are repurposing an existing building along South Gilbert Street, to allow amplified music in its proposed outdoor service area, which is part of the restaurant that will be behind the Planning and Zoning Commission January 19, 2017 — Formal Meeting Page 5 of 11 brewery. This area is in the South Gilbert area of Riverfront Crossings. Amplified sound is currently not allowed in any outdoor service areas in the City, as most of the outdoor service areas are in the downtown area and are in close proximity to each other and it would be difficult, if not impossible, to prevent noise spillover. However in outlying areas, where there are currently no outdoor service areas or where they will likely be more spread out, low level background music may not be a problem. Several surrounding communities do allow low level background music to create an ambience for outdoor dining. Staff felt given that outdoor service areas are not as prevalent in the outlying areas of Riverfront Crossings, it may be reasonable to allow amplified background music, regulated through a seasonal temporary use permit. Staff recommends establishing the new allowance in the areas of Riverfront Crossings that are currently more commercial in character, the South Gilbert Subdistrict and the West Riverfront Subdistrict. Temporary use permits allow for rules regarding design, location, hours, and volume on a seasonal basis with conditions that are appropriate for the unique circumstances of each application. It also allows for modification or nonrenewal of the permit if there are problems. Staff recommends to add language to the temporary use section of the Zoning Ordinance, and an amendment to Title 4 (the outdoor service area portion). The rules would be similar to those that were adopted a few months ago for the rooftop service areas allowing amplified sound through a temporary use permit. The following conditions would apply: 1. Amplified sound is only allowed if the OSA is located more than 300 feet from any residential zone. 2. Amplified sound shall be limited to background music intended to enhance the outdoor dining experience associated with an eating or drinking establishment and therefore should be kept at a low volume that will not inhibit normal conversation within the OSA and will minimize carry to areas outside the OSA. 3. Amplified background music is only allowed if the OSA is located more than 100 feet from any other OSA, unless it can be demonstrated that the amplified sound from the OSA is not audible within the other OSA. 4. The City may restrict the hours when amplified sound may be used. However, in no case shall amplified sound be permitted between the hours of 12:00 midnight and 10:00 AM. 5. Amplified sound may be restricted or prohibited during public events, festivals or concerts. 6. The applicant must submit a sound mitigation plan to the City that illustrates to the satisfaction of the City how the design of the OSA will minimize carry of noise to areas outside the OSA. The sound mitigation plan shall include information regarding the methods that will be used to minimize the carry of noise, such as specialized screen wall materials, sound deadening techniques, placement and orientation of speakers, control of volume, or similar. That plan shall include anticipated decibel levels and note how the volume will be controlled. The City may require additional measures to remedy any violation of the City's noise or nuisance ordinance, as determined by the City. 7. Live entertainment, movies, DJs, or presentations using amplification are not allowed under this permit. A separate temporary use permit is required for those types of special events. Freerks asked if there was a standard to determine what "low volume" should be. Howard said that will be determined based on characteristics of the site and through demonstration of how spillover noise will be controlled. The applicant will have to address it in their mitigation plan. The City can request adjustment if noise becomes a nuisance. Planning and Zoning Commission January 19, 2017 — Formal Meeting Page 6 of 11 Theobald questioned the inclusion of the West Riverfront Crossings District as it currently already has residents. Howard explained that each application for a temporary use permit will be considered on a case by case basis and it will be up to the applicant to demonstrate that there will not be spillover noise to neighboring properties. Freerks opened the public hearing. Seeing no one, Freerks closed the public hearing. Hensch moved to amend the outdoor service areas regulations in Title 4 of the City Code, and temporary use provisions in Title 14 of the City Code, to allow limited use of amplified background music for eating and drinking establishments in the Riverfront Crossings - South Gilbert and West Riverfront subdistricts. Martin seconded the motion. A vote was taken and the motion carried 7-0. 2. Discussion of an amendment to City Code Section 14 -2G -7F-9, Sign regulations in the Riverfront Crossings Form -Based Code, to change the sign allowance for fascia signs for manufacturing uses in the South Gilbert Subdistrict. Howard explained that the City has received a request from Big Grove Brewery to allow larger fascia signs (wall signs) than are currently allowed in the Riverfront Crossings South Gilbert District. When the brewery started renovations on the property it was zoned CI -1, which has a larger fascia sign allowance than what is allowed in the South Gilbert Subdistrict of Riverfront Crossings. The building is set back from the street and has large areas of blank fagade without the typical storefront windows and entryways that would be required of new commercial buildings in the Riverfront Crossings District. When the property was rezoned to Riverfront Crossings, the new storefront fascia signage provisions applied. Big Grove did not anticipate a change in sign regulations when the property was rezoned to Riverfront Crossings and was planning to create more visual interest on the fagade with creative wall signage, but the new lower sign allowance will be inadequate. In this particular case the Brewery is considered a "cottage industry", meaning it's the type of manufacturing use that may sell wholesale but also has a significant retail component. Cottage industries are allowed in Riverfront Crossings. The Brewery is trying not only to manufacture beer, but to attract customers to their restaurant and bar, so there is reason to create more visual interest in the fagade, to fit into what will become a walkable, mixed-use neighborhood in the near future. Howard noted that in commercial zones outside the downtown area where buildings are often setback from the street without prominent storefront features, fascia signage may cover up to 15% of each wall of a building. It makes sense to maintain consistency with these other zones for the rare instance where an existing building is repurposed and does not meet the storefront frontage standards that will be required of new commercial buildings in Riverfront Crossings. The larger sign allowance provides the flexibility to design signage that will create visual interest for pedestrians, bicyclists, and motorists on a cottage industry building such as the Brewery. Since the South Gilbert subdistrict is the only area of Riverfront Crossings where this type of situation is likely to occur due to its history as a quasi -industrial area, staff recommends limiting this new sign allowance to this subdistrict. Staff recommends amending paragraph 14 -2G -7F -9a, regarding signs in South Gilbert Subdisctrict as follows: Planning and Zoning Commission January 19, 2017—Formal Meeting Page 7 of 11 In the South Downtown, Central Crossing, Park, and South Gilbert Subdistricts, signage on mixed-use and non-residential buildings should be allowed according to the standards that apply in the CB -10 Zone, as set forth in Article 14-5B, except in the South Gilbert Subdistrict, where the maximum sign area for fascia signs for Cottage Industries and associated uses located in existing buildings with facades that do not meet storefront standards is 15% of the sign wall. Signs asked if Howard could explain how the signage review correlates with the design review of buildings such as this. Hektoen interjected and explained that since the Town of Gilbert Supreme Court Ruling the City has taken itself out of the business of design review for signs to avoid facing potential First Amendment Claims of violation of freedom of speech Signs questioned how such a blank fagade was allowed in Riverfront Crossings. Howard acknowledged that this situation is unique because they are repurposing an existing structure that does not have typical storefront features. She noted that all new buildings including those for cottage industries in the Riverfront Crossings area will have to comply with the more strict storefront design standards. The larger sign allowance will help to mitigate what would otherwise be fairly blank facades that are visible from the street by allowing more of the fagade to be covered with creative signage. Miklo added that the work on the brewery began under the old zoning of CI -1, so the Riverfront Crossings storefront standards did not apply at that time. Freerks opened the public hearing. Seeing no one, Freerks closed the public hearing Parsons moved to approve an amendment to City Code Section 14 -2G -7F-9, Sign regulations in the Riverfront Crossings Form -Based Code, to change the sign allowance for fascia signs for manufacturing uses in the South Gilbert Subdistrict using the revised language Staff distributed at the meeting. Martin seconded the motion. Signs asked about what is considered signage versus what is just artwork on the building. Howard said the drawings included in the packet were just concepts that the brewery was considering and they have not settled on a final design yet. Staff has informed them that if the signage is part of their logo it is considered a sign, but if it is an image that is not part of their logo or their name, then it would be considered artwork and not subject to the sign allowance. In other words, they could cover the entire fagade with a mural as long as it did not contain their logo. Signs stated he is torn, he likes the concepts, he likes the reuse of the building, but seems like it will not fit the character of what the Riverfront Crossings Plan called for in this area. Howard emphasized that the amendment just allows for larger fascia signs. The building was repurposed before the property was zoned Riverfront Crossings, so the storefront standards were not required at the time. While the location of the building and the large blank facades are not ideal in meeting the Riverfront Crossings form -based code standards, if the sign amendment is not approved, the current storefront sign guidelines will apply. The amendment under consideration is not whether or not to allow the brewery but whether to allow fascia signage to be larger to create more visual interest on building facades that are nonconforming with the Riverfront Crossings storefront standards. Planning and Zoning Commission January 19, 2017—Formal Meeting Page 8 of 11 Dyer stated she likes the amendment, she noted however that she was hoping when this building was redeveloped there would be an addition to the front of the building so that it would be more in keeping with the Riverfront Crossings Plan and code to fit into the future walkable neighborhood. A vote was taken and the motion carried 7-0. 3. Discussion of amendments to the standards for the South Gilbert Subdistrict of Riverfront Crossings in City Code Section 14 -2G -3A to address building and parking placement for properties that front on Highway 6. Howard noted there is really only one property that has frontage on both Highway 6 and Gilbert Street, so the requested amendment would have limited application. The developer that is in the process of designing a new building on the former Pleasant Valley Nursery site has requested that we consider allowing one aisle of parking between a new mixed-use building and Highway 6. The building will have a storefront frontage aligned close to Gilbert Street with access from the public sidewalk to the main lobby for the residential units above in compliance with the form -based code. However, to use the remaining land south of Big Grove Brewery more efficiently, the developer would like the new building on the Pleasant Valley site to have another longer storefront facade oriented toward Highway 6. Howard showed some renderings from the architect on how the building would be oriented. Since Highway 6 will never be an urban street with on -street parking to activate commercial storefronts, it makes sense to allow one aisle of parking between the building and the Highway 6 frontage. This would be similar to the allowance made in the form -based code along the west side of Riverside Drive south of Benton Street. Staff recommends adding a provision to the form -based code to address the unique frontage condition along Highway 6. Staff recommends amending 14 -2G -3A -3b, Building Placement (in the South Gilbert Subdistrict), by amending paragraph (1) and adding a new sub -paragraph (e), as follows: b. Building Placement (1) Principal buildings shall be placed to the front and corner of lots and aligned along setbacks in compliance with the following requirements as shown in Figure 2G-4, except as indicated below: (sub -paragraphs (a) - (d) remain the same) (e) In the South Gilbert Subdistrict, for a lot with frontage on both Gilbert Street and Highway 6, the building facade that faces Highway 6 may be aligned along a pedestrian way with abutting perpendicular parking spaces aligned along an east -west drive aisle located between the building and Highway 6. Therefore, the maximum setback along the Highway 6 frontage may be adjusted accordingly. Amending 14- 2G -3A -4b.(1), Primary Street, Pedestrian Street, and designated Ralston Creek Frontage Setback (E) and Screening, by amending sub -paragraph (a), as follows: (a) Surface Parking, Loading, and Service Areas: 30' min. from primary street building facade and located behind fully -enclosed, occupied building space, except as allowed in paragraph 2(b), below. Planning and Zoning Commission January 19, 2017—Formal Meeting Page 9 of 11 Amending 1 2G -3A -4b.(2), Parking, Loading, and Service Areas (in the South Gilbert Subdistrict), by adding a new subparagraph (b), as follows: (b) In the South Gilbert Subdistrict for a corner lot with frontage on both Gilbert Street and Highway 6, one double loaded aisle of surface parking is permitted within the private frontage area along the Highway 6 frontage. Surface parking must be setback a minimum of 10' from the Highway 6 right-of-way and screened to the S2 standard. Said surface parking must be setback 10' min. from the Gilbert Street right- of-way and 3' min. from the primary street building facade on Gilbert Street and screened to the S2 standard. (subsequent subparagraphs, currently (b) - (c), are re -lettered accordingly) Martin asked what the language was prior because it seems like the area is already following these guidelines. Howard stated that with the new form -based code no parking is allowed between the buildings and the street so that is why this amendment is now necessary. Dyer asked if there would be entryways on the Highway 6 side to the storefronts. Howard confirmed there would be, as well as parking on that side. Freerks opened the public hearing Seeing no one, Freerks closed the public hearing Hensch moved to approve the amendments to the standards for the South Gilbert Subdistrict of Riverfront Crossings in City Code Section 14 -2G -3A to address building and parking placement for properties that front on Highway 6 as specifically outlined in the staff report. Martin seconded the motion. Hensch stated he liked this proposal. Signs agreed Freerks noted the importance of maintaining sufficient green space as these types of projects move forward. Howard noted that due to the repurposing of the Brewery building (rather than demolish and a new building being built) meant there was less room on the property to the south to meet the original Riverfront Crossings plan. In other words, efficient use of the remainder of the Pleasant Valley site would mean that the building would be oriented with the longer building fagade facing Highway 6. Given that it would be difficult for businesses to have front doors facing Highway 6 without a typical urban street frontage, some alternative means of creating a street frontage is necessary. Street trees and parking area screening would be required and the property owner is also contemplating green infrastructure along this frontage which will create more green space. Dyer noted that makes two of the buildings then in this area noncompliant to the form -based code and the Riverfront Crossings Plan. Howard agreed, but the amendments proposed for this corner are intended to make the new building compliant with an alternative standard to make the best of a challenging situation. Freerks noted that along with new buildings the City encourages reuse of existing buildings as well. A vote was taken and the motion carried 7-0. Planning and Zoning Commission January 19, 2017 — Formal Meeting Page 10 of 11 CONSIDERATION OF MEETING MINUTES: DECEMBER 16, 2016 Hensch moved to approve the meeting minutes of December 15, 2016. Signs seconded the motion. A vote was taken and the motion passed 7-0. PLANNING AND ZONING INFORMATION: Miklo distributed a survey from the Human Rights Commission. ADJOURNMENT: Parsons moved to adjourn. Martin seconded. A vote was taken and motion carried 7-0. x m j OOX u m u u Z it D o D N N m w > CD W C' 3 X Q (D XC N CL v D Z > Z �Z O N Z 90 D o0N CD Z Z omG) Vmn 00 ;a3 0 C cn O Z 2 5 D D m X O< D 3 Z? 2 T n v�=3 �' D z 0 O D x m m Z o m z m I X X m X x IxllIl I XXXXX_. N I x x x x X w X I m X X X X w S V x I X X X X x? V X I X: X X e: N X X X X XXX N X X X Xm ><I ol X N 3 ED X X X X XX X N X X X X X I X v xxx11xx� X X X X X X X co X X X X X X X X X X X X X X Q m X X X m X X X ..a N 0 X, X X X X X 5-4 x x X m x X x XXxxxXX� x x x x x x x 3to v D Z > Z �Z O N Z 90 D o0N CD Z Z omG) Vmn 00 ;a3 0 C cn O Z