Loading...
HomeMy WebLinkAbout2017-11-09 Info PacketCity Council Information Packet CITY OF IOWA CITY www.icgov.org November 9, 2017 IP1 Council Tentative Meeting Schedule Miscellaneous IP2 Email and Memo from Mayor Throgmorton and Email from Karin Southard: November 21 - Lusk Avenue Work Session I133 Invitation from League of Cities: Municipal Leadership Academy — December 2 Draft Minutes I134 Economic Development Committee: October 19 IP5 Housing and Community Development Commission: October 30 IP6 Planning and Zoning Commission: November 2 r City Council Tentative Meeting Schedule L IP1 Subject to change CITY OF IOWA CITY November 9, 2017 Date Time Meeting Location Tuesday, November 21, 2017 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, December 5, 2017 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, December 19, 2017 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday January 2, 2018 8:00 AM Special Formal (Organizational Meeting) Emma J. Harvat Hall 5:00 PM Work Session 7:00 PM Formal Meeting Saturday, January 6, 2018 8:OOA-5:OOP Budget Work Session Emma J. Harvat Hall Tuesday, January 9, 2018 1:OOP-7:OOP Budget Work Session (CIP) Emma J. Harvat Hall Tuesday, January 16, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Monday, January 22, 2018 4:00 PM Reception Coralville City Hall 4:30 PM Joint Entities Meeting Tuesday, February 6, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, February 20, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, March 6, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, March 20, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Kellie Fruehling From: Sent: To: Cc: Subject: Attachments: Fellow Council members, I IP2 Jim Throgmorton Tuesday, November 07, 2017 1:25 PM Council Pauline Taylor, John Thomas; Susan Mims; Kingsley 8otchway; Terry Dickens; Rockne Cole;j-m-throgmorton@iowa-city.org; Geoff Fruin; Eleanor M. Dilkes; karin.southard@gmail.com Nov 21 work session Memo to Council re Nov 212017 Lusk Ave work session .docx; Southard 9:19:17 email .pdf As you know, on November 21 we will be focusing our work session discussion on the events surrounding ioi Lusk Avenue. To frame our discussion, I have prepared the attached memo. Please read it and Karin Southard's September 19 email (also attached) in preparation for that meeting. KARIN, please share this email and attachments with other Manville Heights neighbors. The work session begins at 5 p.m. and is open to the public. As I think you know, our work sessions are intended to facilitate working discussions among the Council members and staff. If you and/or other neighbors want to comment on what you hear during the discussion, the appropriate time to do that would be during the Community Comment period at the start of our formal meeting on the 21st. You and/or other neighbors are, of course, also free to share your views with any or all of us before the meeting. Mayor Jim Throgmorton Iowa City City Council, At -Large To: City Council From: Mayor Jim Throgmorton Subject: Lusk Avenue work session Date: November 7, 2017 Cc: Karin Southard, Neighbors of Manville Heights Assn. During our work session on November 21, we will be discussing events pertaining to "the Kinnick house" at 101 Lusk Avenue. The events have been painful for many members of the Iowa City community, and costly for some. Moreover, the experience has led some members of the community to lose trust in the City Council and staff. In my judgment, we need to discuss the events in public so that the community can see we are exercising our responsibility to learn from experience, to consider the views of the public, and to initiate changes in City Code or practices, if appropriate. With that in mind, the purpose of the November 21 discussion will be to consider possible changes in the City Code and practices, and thereby minimize or avoid the occurrence of similar situations in the future. We will not be second-guessing the technical actions and judgements of individual City staff members or re -litigating decisions rendered by the Board of Adjustment, the Board of Appeals, or the District Court. Likewise, we will not be discussing claims of misbehavior on the part of individual staff members. A Brief Overview of Some Relevant Events As you might recall, the owner applied for a permit to build a two-story structure at 101 Lusk Ave. on April 6, 2016. The staff issued a building permit on May 25. On June 21, 11 Manville Heights neighbors, an attorney, and two other IC residents spoke during the Community Comment portion of the City Council's formal meeting wanting the Council to stop construction of the building. After most neighbors had spoken, I asked City Attorney Eleanor Dilkes what the Council could legally do in response to the situation. She said, "It's my understanding that the code requirements have been satisfied... and the Council does not have the authority." "If the Council wants to put this on a subsequent agenda and give notice and talk about it you can do that, but ... It's not appropriate for the Council to engage in discussion of the item when it's not been noticed." We decided to put the topic on our formal meeting agenda for the July 5 meeting. One week later, on June 28, City staff issued a revised permit. The next day, Manville Heights neighbors appealed the Building Official's issuance of the permit to the Board of Adjustment. On June 30, the City Attorney informed Karin Southard via email that the City Council would have no decision to make. In the memo, Dilkes stated: I want to clarify the role, or lack thereof, of the City Council in this matter particularly now that an appeal has been filed with the Board of Adjustment (BOA). While the correspondence received by the Council on 101 Lusk Avenue is on the Council's formal agenda for July 5 and allows them to discuss the matter without violating the Open Meetings law, I want to make sure you and the neighbors understand that there is no decision for the Council to make. The matter is in the hands of the BOA. As a matter of state law the appeal of the Building Official's decision to issue the building permit is to the BOA. The Council has no role in this appeal and may not act to influence the decision of the BOA or communicate with the members of the BOA about the matter. The appeal in front of the BOA is a quasi-judicial matter and as such the members of the BOA may not communicate with interested persons about the substance and facts of the matter outside of the public meeting which will be scheduled for them to hear the appeal. Once the BOA makes a decision any appeal of that decision is to the District Court, not to the City Council. The next day, Dilkes advised the Council via email not to discuss the matter or respond to public comments made to us during the July 5 formal meeting: As you know, your consent calendar for July 5 includes letters regarding 101 Lusk Avenue that would allow Council to discuss the matter without violating the Open Meetings Act. However, in light of the development since your last meeting (neighbors' appeal of Building Official's decision to Board of Adjustment) it is my advice that you not discuss the matter or respond to public comments made to you at the meeting. On July 5, several Manville Heights neighbors attended the formal meeting expecting us to discuss the Lusk Avenue building. At the start of the meeting, I asked our City Attorney to explain the legal advice she had provided us, and why, she,pxovided it. Dilkes said: [G]iven that the matter has now been appealed to the Board of Adjustment, um, I have some concern about the integrity of the Board of Adjustment process and the less press and the less commentary by people who aren't decision makers the better, I think.... [T]he Board of Adjustment is a separate body which by State law hears appeals of this sort. Um, if there is a subsequent appeal from the Board of Adjustment's decision, that decision ... or that appeal goes to District Court. So the Council just is not involved in that .... And there's been some indication that there might want to be some discussion at some point with the Council of kind of where ... we got here, that kind of thing, which I think is fine, but I think that conversation should occur after the Board of Adjustment issues a decision." Seven residents, an attorney, and an interested IC resident spoke during the Community Comment period following Dilkes statement. For the next 7-8 months, the issue was addressed by the BOA, the Board of Appeals, and the District Court. On September 30, the BOA failed to uphold the appeal on a 2-2 vote. On October 6, Neighbors filed a Petition for a Writ of Certiorari. And on March 16, 2017, the District Court ruled that the BOA did not err in affirming the decision of the City staff to grant the building permit. As a result, the Court dismissed the case brought by the neighbors challenging the BOA's decision. Two other lawsuits brought by the neighbors concerning the Lusk Avenue house had been dismissed earlier by the Court. After 30 days had passed and neighbors had not appealed the District Court's ruling, I began meeting with neighbors and other interested parties to hear their views and to solicit their recommendations about how to avoid similar situations in the future. I understand that other members of the Council have also met separately with various neighbors in the period since the District Court's decision. I spoke with roughly 20 people over a three-month period. This includes 15 or so neighbors Pauline Taylor and I met with on June 1. Put simply, I learned from these meetings that Manville Heights neighbors are angry and dismayed by how the process unfolded, at least as seen from their perspective. After hearing neighbors and other participants express their views about the process, I asked them what they think needs to be changed in order to avoid such controversies in the future. Their responses persuaded me that the Council needs to consider several specific topics/questions during a work session. I discussed a preliminary draft of the topics with the City Attorney and City Manager on July 19, and with Karin Southard and Chris Rossi of the Manville Heights neighborhood on August 23. I discussed a revised version of the topics with the City Attorney and City Manager on November 2 so that they would have sufficient time to prepare the information I've requested from them. Claims to Discuss on November 21 I present the following topics mainly as claims made by Manville Heights neighbors. I do not necessarily agree with these claims or with proposed solutions, but I do think we need to consider each of them fairly. Also, I am fully aware that other participants might have views that differ from the ones that appear below. The claims and suggested actions are: 1. There is a substantial disconnect between the Comprehensive Plan's language and the Zoning Code language as it pertained to the proposed structure. There needs to be a consistent and honest interpretation of the Code, one which treats community, neighborhood, safety, and prosperity as being meaningful. 2. Large entertainment venues such as the "Kinnick House" should have their own classification in the Zoning Code. At a minimum, the definition of "single-family home" should be revised/clarified to ensure that such structures are not built in RS 5 districts. 3. Manville HeiWits neighbors learned about the proposed construction of the "Kinnick House" almost by accident. Transparency and inclusion are necessary, but — in the view of neighbors — neither of these occurred in this case. Perhaps there should be "trip wire" provisions that trigger (1) when neighbors must be notified that a property owner has applied for a building permit, and (2) when a Good Neighbor meeting must be held before an infill building permit can be issued. 4. Members of quasi-iudicial board members need to be trained better. Some, if not all, members of the BOA and Board of Appeals appeared not to know what the rules are or how the process is supposed to work. 5. There needs to be greater separation between the City Attorney's Office and the boards' legal counsel, at a minimum to avoid the perception of a conflict of interest. This could be accomplished by issuing a competitive Request for Proposals for on-call assistance to quasi-judicial bodies. 6. Neighbors also expressed concerns about the actions of specific City personnel. In response to the first five of these claims, I have asked the staff to suggest possible amendments to the City Code and practices, or to indicate why they conclude that changes should not be made. Some of the personnel -related concerns alluded to in Item 6 above are expressed in an email Karin Southard sent to each of us on September 19, 2017 (see attached). Southard's email summarizes four provisions of the City Code which, in her judgement and that of other neighbors, "have been either chronically misinterpreted or chronically by-passed in cases of `infill' construction." She also states, "We neighbors feel strongly that City staff must follow City Code as intended and adopted by Council." In response, I have asked staff to indicate whether the District Court has already addressed Southard's four claims. If the Court has addressed them, I have asked the staff simply to re -state the Court's findings. I have also asked the staff to identify possible changes in the City Code or practices. To the extent that the details of Southard's email can help us consider possible changes in the City Code and practices, you should feel free to draw upon them during our discussion. To summarize: As indicated at the outset of this memo, in our November 21 work session we will considering possible changes in the City Code and practices that could minimize or avoid the occurrence of similar situations in the future. We will not be re -litigating the legality of the decision or second-guessing the discretionary technical judgements made by the staff. Likewise, we will not be discussing allegations concerning specific personnel. Attachment: September 19, 2017, email from Karin Southard as per your request for upcoming Manville work session - Outlook ... https:Hwebmaii.iowa-city.org/owa/?ae=Item&t=IPM.Note&id=Rg... a ookWebAlap �N we �mw— *LoJ W 12°r"etl' O s9— ® arc a-1 {104l m per your request for upcoming Manville work session ra o1.N+m xadn Southard (kadn.southanlOgmail.coml pren: raw. —w 19.1011 I1,.31N Ir irmlerear+lrar:vmn<ca¢ren oeee;v®.wnb;r.ee Nw:al.InmF; rnN nwaFy: wrnwr, a�ew, F. wFa aNwm Felvirm..y o,e wwn.aFam�, d w'v FmrW a'tt1F�nxsMn�wn<'a of mylenannwuep ion M1V nN¢! Nn ben tltivalwiy�i'mYYp4l vamFaygpmlFmsGYrM'meuLkn. W,F14 W33�re4Mvs Jkvw,e1 tlF41unaMn wM�aYOapfFm/Fiv21W11FbtivdOltlKWnINK kL�F. INS Ma+b,ol6FAR�M1dIy YaW1YaF un and matlYI GEe N%Nw %9b1bEOPs. nW1811MAu9Ntla1 M'iMmM O ne lee raF.oq�elF F,eaee ere emp.e eyreme. rlmanm�anna NFM mawmw Fwa. rvam,un,evmm�amlxra NMlmP��S. ® wier•rwez. wtie, sowFe 1. 14 -5I -2C-3 Sensitive lands and features - Applicability- Exemptions. "Construction Of Single -Family Or Two -Family Residential Uses: Grading, clearing or development activities on a tract of land for the purpose of construction, landscaping or associated improvements for one single-family use or one two-family use are exempt from the requirements of this article, pmvided the development activities do not exceed a maximum total of twenty thousand (20,000) square feet in area, and provided there is no encroachment by said activities into a jurisdictional wetland, a designated sensitive areas conservation tract or protected sensitive area.' (underline and bold emphasis added) This exemption has two provisions that must be met, as stated clearly with the conjunction "and". When considering exemptions for parcels for single- family inglefamily and two-family residences, City Staff routinely interprets this provision in a manner that ignores the conjunction "and" and that ignores the second provision regarding consideration of encroachment of sensitive lands. By Doug Boothroy's own admission (Board of Adjustment Transcripts 9-21-16, p. 168), City staff, when exempting parcels rot exceeding 20,000 square feet, has NEVER considered whether the development could encroach on protected sensitive areas that may exist on adjacent properties. Despite expert testimony (Board of Adjustment 9-21-16) explaining the importance of correct interpretation and enforcement of this ordinance, the City fails to do so. According to expert testimony, this failure completely eviscerates the Sensitive Lands and Features Ordinance. 2. 14-4A-2 Use Classification Arulysis. Despite documented, persistent acknowledgment on the part of NDS staff who questioned the intent of 101 Lusk Ave property owners, City staff failed to perform a mandated Use Classification Analysis to determine the principal use of the proposed structure. This analysis should have been performed by a panel of independent reviewers. Despite Mr. Boomroy's insistence that the Use Classification Analysis was unnecessary, Ms. Walz requested the written opinion of such Analysis in an email to Ms. Dulek and Mr. Yapp (memo attached). In this instance, while the Cade presumes an inductive, fact-finding process to determine the Use Classification, the City staff concluded, deductively, at the front end, that the structure was residential and, therefore, performed no Use Classification Analysis. 3. 16 -3D -6D Separate and Independent Sewer for all Buildings. The issuing of a building permit for 101 Lusk Ave disregarded this requirement for all new construction. Doug Boothroy confirmed at the Board of Appeals that the City's position was that the owners of 101 Lusk Ave had the right to connect to a non -conforming, circa -1927, private sewer that served 2 others residences. The building permit was issued with the tadt approval of connection to the sewer without the knowledge of, or maintenance/easement agreements with, the property owners downstream. Mr. Boothroy's justification of the situation was that there were at least 20 other such situations in Iowa City (Board of Appeals, City presentation, 12-7-16). 4. Section D 103.1 International Fire Code "shall" requirement for turnaround for dead-end streets longer than 150 feet. The International Fire Code gives the Fire Chief discretion in applying this requirement when it is impractical. However, the City's position is that it never enforces this mandate for "infill" development. Indeed, Chief Jensen confirmed that for infill development on an existing lot, the mandate has not been enforced for the 30 years that Chief Jensen had been with the fire department (Board of Appeals Transcript 12-7-16, p.118). In effect, City staff has legislated a critical amendment to the Fire Code, a task that Iowa law delegates to the City Council. 1 of 2 9/25/17, 12:18 PM as per your request for upcoming Manville work session - Outlook ... https://webmail.iowa-city.org/owai?ae=Item&t=IPMNote&id=Rg... Sue Dulek From: Sarah Walz<Sareh-Walz@iowacity.org> Sent: Wednesday, July 06, 2016 3:17 PM To: Sue Dulek; John Yapp Co; Sara Greenwood Hektoen; Eleanor M. Dilkes Subject: RE: Lusk Appeal Question: In the use Regulation chapter of the code (Section 10 -4A -2A-3) the code Indicates that in uses of dispute, "the Zoning Code Interpretation Panel will issue a written use determination. Such determination may be appealed to the Board of Adjustment" Do we have a written opinion of the classification process in 14dA-2A7 Sarah 2 of 2 9/25/17,12:18 PM Kellie Fruehling From: Karin Southard <karin.southard@gmail.com> Sent: Wednesday, November 08, 2017 9:56 AM To: Jim Throgmorton; Council; Pauline Taylor; John Thomas; Susan Mims; Kingsley Botchway; Terry Dickens; Rockne Cole Cc: Karin Southard; Eleanor M. Dilkes; Geoff Fruin Subject: Fwd: Nov 21 work session Attachments: Memo to Council re Nov 212017 Lusk Ave work session .docx; Southard 91917 email .pdf Dear Mayor Throgmorton and Councilors, My neighbors and I ask your help in preventing another 101 Lusk Ave. We know that you care about your citizens and that if we had been afforded discussion with Council last June, the outcome would have been drastically different. No matter how the history of this process is cast, one fact remains uncontested: The process failed your citizens. In moving forward, please prevent this from happening again. Thank you, Karin Southard Begin forwarded message: From: Jim Throgmorton <Jim-Throgmorton@iowa-city.org> Subject: Nov 21 work session Date: November 7, 2017 at 2:24:37 PM EST To: Council <Council(a)iowa-citv.ora> Cc: Pauline Taylor <Pauline-Taylor@iowa-citv.org>, John Thomas <John-Thomas@iowa-citv.org>, Susan Mims <Susan-Mims@iowa-city.org>, "Kingsley Botchway" <Kingsley-Botchwav@iowa-citv.org>, Terry Dickens <Terry-Dickens@iowa-city.org>, Rockne Cole <Rockne-Cole@iowa-citv.org>,'Im- throgmorton@iowa-city.org" <i-m-throgmorton@iowa-citv.org>, Geoff Fruin <Geoff-Fruin@iowa- citv.org>, "Eleanor M. Dilkes" <Eleanor-Di lkes@iowa-citv.org>, "karin.southard@gmail.com" <karin.southard@gma il.com> Fellow Council members, As you know, on November 21 we will be focusing our work session discussion on the events surrounding 101 Lusk Avenue. To frame our discussion, I have prepared the attached memo. Please read it and Karin Southard's September 19 email (also attached) in preparation for that meeting. KARIN, please share this email and attachments with other Manville Heights neighbors. The work session begins at 5 p.m. and is open to the public. As I think you know, our work sessions are intended to facilitate working discussions among the Council members and staff. If you and/or other neighbors want to comment on what you hear during the discussion, the appropriate time to do that would be during the Community Comment period at the start of our formal meeting on the 21st. You and/or other neighbors are, of course, also free to share your views with any or all of us before the meeting. Mayor Jim Throgmorton Iowa City City Council, At -Large L_IP3 Kellie Fruehling From: Mark Tomb <marktomb@iowaleague.org> Sent: Friday, November 03, 2017 8:32 AM To: Kellie Fruehling Subject: Register for the Municipal Leadership Academy Kellie Fruehling: Many new people will join the ranks of city officials following next week's city elections. We ask that you encourage those new to office, as well as anyone currently in office, to attend the Municipal Leadership Academy (MLA). This important training for city officials is presented by the Iowa League of Cities, Institute of Public Affairs at the University of Iowa and the Office of State and Local Government Programs at Iowa State University Extension and Outreach. City officials can register just for MLA Part One or for the first three parts of the MLA series for a discounted price. MLA Part One includes the following topics: • City Budgets • Effective City Councils and Meetings • Ten Things to Know (overview of city operations and legal issues) MLA Part One will be presented at the following location in your area: Cedar Rapids, 10 a.m. to 2 p.m., Saturday, December 2, 2017 Clarion Hotel & Convention Center (525 33rd Ave SW, Cedar Rapids) If you can't make this particular session, it will also be presented at the following locations: Fairfield (November 16), Emmetsburg (November 18), Carroll (November 29), Corning (November 30), Waverly (December 7) and Altoona (December 9). Attendees also receive a meal and a copy of the newly revised 2018 Iowa Municipal Policy Leaders' Handbook as part of their MLA Part One registration (a $30 value). The cost for MLA Part One is just $75. For more information and to register online go to the League Web site or call the League at (515) 244-7282 for more information. Sincerely, Mark Tomb Director of Membership Services Iowa League of Cities Iowa League of Cities ( 500 SW 7" St, Suite 1011 Des Moines, IA 50309 Main: (515) 244-7282) Fax: (978) 367-9733 1 www.iowaleague.org 11 -OU -1 IP4 EDC October 19, 2017 1 PRELIMINARY MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE OCTOBER 19, 2017 EMMA HARVAT HALL, CITY HALL, 8:00 A.M. Members Present: Susan Mims, Rockne Cole, Jim Throgmorton Staff Present: Wendy Ford, Simon Andrew, Geoff Fruin, Eleanor Dilkes Others Present: Andre Perry (Englert/Mission Creek); Karen Kubby; Mazahir Salih; Mark Ginsberg; Tom Banta (ICAD); Alyssa Trimble (Historic Preservation); Gene Chrischilles; Ryan Sempf (Iowa City Area Chamber of Commerce); Karyl Bohnsack (Iowa City Homebuilders Association); Nancy Bird (Iowa City Downtown District) RECOMMENDATIONS TO COUNCIL: Cole moved to approve the request for funding from the Englert Theater for $50,000 (FYI 9 budget and FY20 & FY21 intent to budget). Throgmorton seconded the motion. The motion carried 3-0. Throgmorton moved to consider the request for funding from Mission Creek for $20,000 (FYI9 budget and FY20 intent to budget). Cole seconded the motion. The motion carried 3-0. Cole moved to recommend the amended TIF policy to the City Council. Throgmorton seconded the motion. The motion carried 2-1, Mims in the negative. CALL MEETING TO ORDER: Susan Mims called the meeting to order at 8:00 A.M. and asked those present to introduce themselves for the minutes. Throgmorton moved to approve the minutes from the September 15, 2017 meeting. Cole seconded the motion. The motion carried 3-0. Wendy Ford began the discussion by giving Members some background information. She noted that the City has been supporting the Englert since fiscal year 2009 and referred to her memo in the meeting packet for more information. The City's support has been at $50,000 since that time, according to Ford, except in fiscal years 16 and 17, when an additional $20,000 was approved for capital improvement expenses. Ford continued, stating that the Englert has more than doubled the number of patrons that attend events annually since the City began their support. EDC October 19, 2017 2 PRELIMINARY The Friends of the Englert program has expanded tenfold, helping to contribute to the Englert's overall financial standing. The request is for operational funding for FY19 and an intent to continue funding at the same level in FY20 and 21. Andre Perry, the Executive Director of the Englert, spoke next. He thanked the City Council and staff for their ongoing support of the Englert. He briefly touched on the mission of the Englert and how they are working to bring vibrancy and excitement to the downtown. Throgmorton stated that he wanted to emphasize just how important the Englert Theater is to what the Council is trying to accomplish with its strategic plan objectives. Cole agreed, stating that he believes this is a perfect example of a public/private partnership. Fruin clarified that for the past two years an additional $20,000 was granted, but that this is not in the request for this year. He added that additional funds have been set aside in anticipation of a capital campaign to do a historic preservation project on the Englert. Mims stated that she agrees with Cole and Throgmorton's comments, noting that the partnership they have with the Englert is truly an important one. Cole moved to approve the request for funding from the Englert Theater for $50,000 (FY19 budget and FY20 & FY21 intent to budget). Throgmorton seconded the motion. The motion carried 3-0. CONSIDER ANNUAL REPORT AND REQUEST FOR FUNDING FROM MISSION CREEK FOR $20,000 (Andre Perry. Co-founder and producer): Ford noted that there is a two-part memo in the meeting packet that talks about Mission Creek. She noted that it is one of the hallmark events held at the Englert every year. The festival is headed into its 131 year, according to Ford. The request is for $20,000 for FY19 and an intent to budget $20,000 in FY20. Perry spoke briefly, again thanking the City for its continued support. He noted that last year was an adjustment year as the landscape changed somewhat with Hancher coming online. He spoke to how they have made changes as needed as the festival has continued to grow. Throgmorton moved to consider the request for funding from Mission Creek for $20,000 (FY19 budget and FY20 intent to budget). Cole seconded the motion. The motion carried 3-0. REVIEW AND CONSIDER RECOMMENDATION OF TIF POLICY UPDATES TO CITY COUNCIL: Mims asked Ford to run through the most recent edits of the policy. Ford stated that the two most notable changes include Throgmorton's proposed revisions to the language for the 'exceptional public benefit,' for projects seeking to exceed the heights in the desired heights map, for their projects. Continuing, Ford then spoke to the historic preservation section, noting the changes made to the descriptions of the four ways that buildings can be classified as historic in the downtown area. Fruin noted that in the sustainability section that all urban renewal areas would be included and require LEED silver certification. Referring to the opening paragraph of the policy, he noted that there is a direct reference to the 2016/2017 strategic plan and that Members may want to consider some more generic language here. Ford noted a similar reference and change made to the exceptional benefits section, where the committee omitted the reference to the strategic plan. She stated that they could do the same type of thing here. Throgmorton stated that he would be inclined to keep the language as it is now, and when the full Council reviews this, they could amend it with the updated EDC October 19, 2017 3 PRELIMINARY strategic plan language. Mims agreed, stating that they can add additional language later at the full Council stage. Throgmorton stated that he wanted to clarify one point, and referred to what he recommended in his October 2"d memo. Regarding to the sentence "The provisions of this section will apply until such time as the downtown form based code is adopted," Throgmorton stated that he did not intend to delete this language, that he sees it in the amended version but that it is hard to see. Throgmorton then spoke to the boxed in item that appeared in the October 2"d memo. He stated that he was trying to incorporate their discussion from the prior meeting, while strengthening some of the elements in the policy. Cole stated that he did not have anything to add. Fruin stated that he would like to have a couple of clarifications made before Members move to a vote on this. The first issue he addressed was the language "These public benefits may include but are not limited to..." He noted that in Throgmorton's draft, the wording is "These public benefits may include..." Fruin asked for some clarification on how this should be worded in the policy. Throgmorton responded, stating that he believes the changes he made are consistent with the earlier version. As for this piece, he has suggested the language that the public benefits may include, but that it does not mean they must include. Referring to the final sentence on item five, Throgmorton stated that this opens the door to a lot of possibilities, just as the earlier version did. In the last paragraph, where it states that 'the tallest portion of the project must be stepped back from its street frontages,' Fruin stated that sometimes the parcels downtown are so small that these types of step -backs are not realistic. He suggested wording that is less restrictive. Throgmorton stated that he meant exactly what he wrote, that he believes it pertains to streets that currently have recognizable historic character, not to streets that don't. Cole moved to consider recommendation of the amended TIF policy to the City Council. Throgmorton seconded the motion. Mims stated that before they vote she would like to make a comment. She stated that it should come as no surprise that she will not support this. She believes that the height map is where it starts, and that she believes tying the policy to that map is a flawed process. Mims continued, sharing her ideas as to how the sustainability of downtown should be addressed through policies such as this. Throgmorton stated that he understands the points Mims has made. Referring to past meeting minutes, he quoted "Throgmorton stated he is very eager to hear specific recommendations about how they could use TIF to support both development and preservation in the downtown, thereby fulfilling the overall vision expressed in the Comprehensive Plan." Quoting further, he said, "To preserve and enhance the historic buildings and character of the downtown, while encouraging appropriate infill development with a mix of building uses.n Throgmorton stated that his purpose all along has been to find ways to use TIF to do both — preserve the historic character of the downtown AND encourage appropriate infill development with a mix of building uses. He stated that he has been eager to hear other proposals, but that he has not heard anything to date. Mims responded, speaking first to the focus groups they held early on in their review. She added that once the committee got to a point of some specificity with the policy, this Committee has chosen to move forward without allowing additional organized input, other than the few written comments received. EDC October 19, 2017 4 PRELIMINARY She reiterated her feeling about the height map, stating that using it sends the message that height is inherently bad for historic preservation; that it restricts our ability to stem sprawl and that with the softening of retail, restricting growth will have a negative effect. Cole then commented, speaking to the question of sprawl and height. He believes that is a valid point. Secondly, Cole noted that the committee has solicited input from people throughout the community for approximately the last year and a half and no one has brought the issue up. Cole continued, noting that he is comfortable with the amount of public input they've obtained, and that moving forward with these policies should come as no surprise to anyone, because they have done everything they can to ensure maximum public input. Throgmorton then spoke about the height map again, noting that at the last meeting they discussed the possibility of amending the map at some point. He stated that he is open to going through a process of reconsidering and amending the map over time, but that he believes they need to move forward with these draft policies now. Secondly, regarding public input, he said they should direct staff to explicitly schedule a public hearing for the proposed amendments, at the Council meeting where they vote on them. Mims stated that she would have to go back and look at past minutes, but that she remembers discussion about getting more public input before going to Council. She believes that when they are looking at policies such as these, that they really need to solicit public input and engage in dialogue regarding the proposals that are ultimately presented. The motion carried 2-1, Mims in the negative. STAFF REPORT: None. COMMITTEE TIME: None. OTHER BUSINESS: None. ADJOURNMENT: Throgmorton moved to adjourn the meeting at 8:35 A.M. Cole seconded the motion. Motion carried 3-0. EDC October 19, 2017 5 PRELIMINARY Council Economic Development Committee ATTENDANCE RECORD 2016-2017 Key: X = Present O = Absent O/E = Absent/Excused TERM NAME NAE EXP. O ? + + N O N N + + Of OI O W O T Ol V V V V V V V Rockne Cole 01/02/1 X X X X X X X X X X X X X X 8 Susan Mims 01102/1 X X X X X X X X X X X X X X 8 Jim 01/02/1 X X X X X X X X X X X X X X Throgmorto 8 n Key: X = Present O = Absent O/E = Absent/Excused IP5 MINUTES PRELIMINARY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION OCTOBER 30, 2017 - 6:30 PM SENIOR CENTER, ROOM 202 MEMBERS PRESENT: Syndy Conger, Charlie Eastham, Vanessa Fixmer-Oraiz, Christine Harms, Bob Lamkins, John McKinstry, Maria Padron, Paula Vaughan MEMBERS ABSENT: Harry Olmstead STAFF PRESENT: Tracy Hightshoe OTHERS PRESENT: None RECOMMENDATIONS TO CITY COUNCIL: By a vote of 8-0 the Commission recommends to change the Aid to Agencies priority level for Domestic Violence Services from medium to high. By a vote of 8-0 the Commission recommends Council adopt the housing code, zoning, enforcement and additional housing code changes as specified in the 9/14/2017 staff memo, Recommendations for Addressing Neighborhood Stability Post HF134. By a vote of 8-0 the Commission recommends that #2 under Rental Permit Limits be eliminated from the Recommendations for Addressing Neighborhood Stability Post HF134 staff memo, not be adopted. The commission does not recommend any spacing requirements in the impact area. By a vote of 7-1 (Lamkins dissenting) the Commission recommends that the recommendation under Rental Permit Limits, #1 (establish a cap on rental permits) from the Recommendations for Addressing Neighborhood Stability Post HF134 staff memo, be adopted; however, the policy should allow administrative approval on a case by case basis as it relates to a loss of substantial value for owner - occupied homes surrounded by rental property. CALL MEETING TO ORDER: Vaughan called the meeting to order at 6:30 PM. APPROVAL OF THE SEPTEMBER 21. 2017 MINUTES: Eastham moved to approve the minutes of September 21, 2017. Conger seconded the motion. A vote was taken and the motion passed 8-0. PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: None. CONSIDER AMENDMENTS TO FY2016-2020 CITY STEPS: Hightshoe noted at the last meeting Ackerson presented a write-up of the public comments staff had received regarding needs of the community, especially as they relate to low and moderate income residents in Invest Health neighborhoods. Hightshoe passed out the current CITY STEPS priorities for all eligible categories of funding. Members can recommend changing Housing and Community Development Commission October 30, 2017 Page 2 of 7 priorities if they believe anything should be changed. For any changes that require Council action, a 30 -day public comment period is necessary. This must be done so that Council can review at their first meeting in December. CDBG/HOME applications are available after that meeting if any changes needed. Padron asked if there is any limit to the number of public services that can be tagged as high priority and Hightshoe replied there is not, these were just voted on by the Commission at some point to help guide their decisions. She added that the categories listed are using HUD definitions as this is what must be entered into HUD's disbursement system to get funding. They have not been updated. Vaughan asked about the dollar amounts that were listed in the report, if they were City assigned or federally assigned dollar amounts. Hightshoe said it varies. The maximum of 15% CDBG funds to public services is a statutory federal requirement, the City cannot spend more than 15% of their entitlement plus program and income on public services (it is a federal cap). The $75,000 is a Council set-aside they wished to be used for neighborhood improvements. For example this past year the $75,000 paid for the Wetherby Park sports courts and the year before it paid for curb cuts on Lakeside Drive and an area downtown that was close to housing for residents with disabilities. $235,000 is the Council set-aside for owner -occupied housing rehab, $50,000 is a Council set-aside for economic development. The Council offers small business loans for low- income entrepreneurs or businesses that are hiring primarily low-income employees. The $50,000 last year was spent for two projects: a new coffee shop that is going in Old Towne Village and for 4 -C's Childcare to provide technical assistance for those opening their own in- home child care businesses. The $90,000 HOME set-aside is for owner -occupied rehab. Hightshoe stated that HCDC does not review or take applications for those set-aside funds, but can make recommendations to Council on redistributing the set -asides. HCDC allocates the monies outside of these set -asides. Eastham asked when it would be timely to recommend to Council that the set -asides should be modified. Hightshoe stated it would be from tonight's meeting. If HCDC changes the priorities in CITY STEPS there must be a 30 -day public comment period. Eastham asked if HCDC considered changing the set -asides this year. Hightshoe stated there have been commissions that have requested or suggested a different set-aside amount or removing a set-aside. To date, the Council has not approved, but HCDC can make a recommendation. Hightshoe noted that HCDC is only deciding on priorities, there are no known funding amounts at this time. They just got their federal funding this year (3 months late) and CDBG was $568,000 and HOME was $425,000 which was more money than received the year before. Staff had been anticipating the elimination of the HOME program (or at least severely cutting funding of it) and instead received an increase. She also stated the City will also be getting more program income in fiscal year 2019 because of loan repayments from a recent CDBG loan from Bilam Properties. We estimate about an additional $48,000 in program income per year for the next 15 years. Eastham asked if the Commission could recommend to the Council a use for funds outside of the set -asides and recommend allocating CBDG funds for other projects and activities and not have enough left to have for the set -asides. Hightshoe said the Commission could recommend changing set -asides as well. The Council may or may not act on the recommendations. Conger asked how long the HCDC priorities had been in place. Hightshoe said about the past three or four years. Conger is concerned about the Domestic Violence services — the funding for that agency has changed and the Johnson County services are not just serving Johnson County but a total of eight counties. Conger believes it should be a higher priority. Housing and Community Development Commission October 30, 2017 Page 3 of 7 Eastham noted he could support that but is also interested in changing the set asides for owner - occupied housing rehab ($235,000 CDBG, $90,000 HOME) and allocate those funds to rental projects (rental rehab., etc.) as he feels it fits the current Council's strategic plan vision for providing more lower-income housing and that is a greater need than owner -occupied housing rehab. Conger asked if the set-aside funds for rehab. were all used in the past year. Hightshoe stated all CDBG funds were used. The majority of HOME funds were spent, the remaining will be committed in FYI (HUD allows HOME projects up to four years to complete — so all HOME funds are used). Hightshoe, it is required that all homeowners be below 80% median income, many of our homeowners are between 30-60% median income. Several beneficiaries are the elderly and people with disabilities. It can also be used for emergency assistance such as furnaces or water heaters for low-income homeowners. Eastham asked what constitutes emergency assistance. Hightshoe said it is usually something that consists of unlivable conditions such as no heat, no water, a threating electrical issue, etc. Eastham asked then if the Commission could make a recommendation that those funds be used only for emergency repairs. Hightshoe stated the program does prioritize homeowners and has a waiting list. Staff reviews various items (income, elderly/disabled status, time on list, etc.). to prioritize. If there is an emergency, staff would review and proceed based on the circumstances. Harms asked if there was a non-profit rental rehabilitation fund similarly for emergency situations in the set -asides and Hightshoe said there was not. The City or another agency could make an application for this. Our nonprofit housing providers typically apply for assistance, such as Successful Living, The Housing Fellowship, Charm Homes and MYER Lamkins agrees with the need for assistance to owner -occupied rehab for emergency conditions but is questioning the reasoning to assist with rehabs such as a kitchen remodel. Hightshoe stated there aren't several complete several kitchen remodels, but kitchens, like anything, reach their useful life. Typical repairs include bathroom improvements — shower, grab bars, accessibility improvements such as ramps and widening doors, electrical upgrades, foundation repair, new roofs, windows, and doors. Code violations also need to be addressed and repaired. Hightshoe explained that most of these repairs are loans. Most are paid when the homeowner sells, refinances or moves out of the house. 50% is a grant if the home is in certain neighborhoods and for mobile homes. Eastham asked what percentage of rehab funds spent over the past five or ten years have been repaid. Hightshoe is unsure of the percentage but noted that typically they receive about $30,000 to $40,000 in housing rehab loan repayments each year. Eastham also asked what the total debt owed to the City is for this program and Hightshoe did not have the figure readily available, it is reported in the annual auditing report. McKinstry noted it seems sensible because these funds are helping people stay in their homes for a relatively small amount of money, if someone had to leave their home because it was unhealthy it would be a much larger expenditure. Eastham feels that $325,000 per year seems like a substantial amount of money to allocate to this one area. McKinstry doesn't feel it is very substantial for a city the size of Iowa City. Hightshoe noted they assist about 25 homeowners each year. Harms agrees that this owner -occupied housing rehab money should stay as it is. These programs are necessary to keep families in homes. Conger agrees but also feels that rental rehab is necessary too. Eastham agrees and feels the allocation should be equally divided between owner -occupied and non-profit rental housing rehabs. Hightshoe noted that typically there is only owner -occupied housing rehab. and Habitat Housing and Community Development Commission October 30, 2017 Page 4 of 7 that utilize funds for homeowners/homeownership. The remaining housing funds are typically used by rental housing providers. Lamkins stated that the average homeowner receives about $11-13,000 based on what has been said. He feels it is a good investment. The homeowners must be income eligible and it allows them to stay in their home. He stated it is good for neighborhood stability. Padron asked if there is a limit on age of the home that can be included on the rehab applications. Hightshoe said there is not, there are just different regulations depending on the age of the home (historic or conservation districts, lead rules). With mobile homes the City will not invest more than approximately $5,000. These are grants for mobile homes. Eastham asked if the City tracks the income and race of the beneficiaries. Hightshoe stated it is required and must be entered into HUD's disbursement system. This used to be in included in the CAPER, it is now a report you must download, but it is available. Harms also noted that Conger made a good comment about the Domestic Violence Services and that it should now be a higher priority. Conger moved to change the Aid to Agencies priority level for Domestic Violence Services from medium to high. Fixmer-Oraiz seconded, a vote was taken and the motion passed 8- 0. DISCUSS STAFF RECOMMENDATIONS FOR ADDRESSING NEIGHBORHOOD STABILITY FOLLOWING HF134: Hightshoe noted this item was prompted because the State legislature amended Iowa Code to not allow municipalities, after January 1, 2018, from adopting or enforcing any regulation or restriction related to occupancy of residential rental property that is based upon familial status. Council directed staff to consider this because the concern was that houses and duplexes close to campus/downtown would convert to rooming houses. Hightshoe stated that once a house or duplex is substantially changed into a rooming house, it is not likely to ever revert to a single-family home due to the cost. Staff looked in to ways to make sure the downtown properties don't get over occupied and how to zone areas not based on occupancy. Most municipalities zone based on occupancy or familial status. The staff memo to Council recommends a rental cap in the University of Iowa impacted neighborhoods (based on open space designations). No more than 40% of the single family and duplex units may have a rental permit. This does not apply to multi -family rentals. The recommendation also states that to prevent homes from converting to rooming houses no more than 35% of home's habitable space can be bedrooms as well as other changes. The memo also covered zoning and enforcement changes. Eastham noted he is in favor of not having the second spacing requirement and allowing the affordable housing model to regulate spacing (item #2 under Rental Permit Limits). Lamkins stated he is not in favor of the rental cap. He stated it could severely impact the value of some people's homes if they wish to sell and cannot sell to someone who wants to make the property a rental property. It could mean they have to sell their home for tens of thousands of dollars less and is penalizing the homeowners. Harms asked if there could be room for exceptions. Vaughan stated that if nothing is in place, then the whole area will be rental units and that will also affect property values. The Commission discussed the UniverCity program and using it rather than this Rental Permit Limit to keep single-family homes in the neighborhoods. Hightshoe noted that in the UniverCity program they do try to cluster the single-family homes together as it makes it easier to sell to eligible homeowners. Housing and Community Development Commission October 30, 2017 Page 5 of 7 Lamkins reiterated this is why any single-family home in these high rental areas will have trouble selling because it will be hard to find buyers that want to live surrounded by rentals. It may not happen often, but he stated he knows a case where a long-time homeowner is surrounded by student rentals. This home will be hard to sell, and if they sell, they will be forced to settle with thousands less. He stated the cap puts neighborhood stabilization on the backs of a few homeowners that live there now. Not all homeowners will be in this situation, but a few will be. Pardon stated that this will help stabilize the area over the years because no new rental homes will be allowed in the area. She also raised concern about where students will live if there can be no new rental units in these areas close to campus. Hightshoe noted the second part of the change is the housing code changes. These are an effort to not have homes converted into rooming houses. There will also be increased inspections to actively patrol nuisances. Eastham stated he felt the housing code enforcements listed in the staff memo were very strong. Conger noted it is fair to say that some of the housing code changes will also impact rental units. The rental cap is for the downtown neighborhoods, but the housing code changes are citywide. Staff will also be looking at regulatory changes to the zoning code regarding allowing four-bedroom units outside the University impacted areas. Eastham suggested that City staff consider the affected downtown areas and do an analysis of how many single-family homes might be impacted if they cannot sell and the estimated market value of those homes. Then perhaps criteria could be set up to give exceptions to those homeowners. McKinstry stated he questioned staff if he should even vote on this topic since he lives in the area. He stated when affordable housing is proposed, neighbors go to the hearing and say they don't want the affordable housing near them because it will make their property values decrease. He stated this is not true, but he is a neighbor and not sure if he should comment. Hightshoe stated he is free to express his comments as a homeowner who maybe impacted. Asa homeowner in the Northside he would really like to see not everything go to rentals. The UniverCity program has brought in great homeowners in the area and the upkeep of homes is so much better. Conger questions #2 under the zoning code changes regarding rear yard setback and establish a minimum amount of impervious surface and to keep structures and additions consistent with house -scale dimensions in single family neighborhoods and ensure a minimum amount of rear yard space is preserved as usable open space. Hightshoe stated basically the intent is so that a landlord can't pave the whole backyard to increase occupancy. Lamkins likes the housing code and enforcement proposals. He does not agree with the rental permit cap. Vaughan liked that an owner could not convert hallways and dining rooms into bedrooms. Eastham moved to recommend to Council to adopt the housing code, zoning, enforcement and additional housing code changes as specified in the 9/14/2017 staff memo, Recommendations for Addressing Neighborhood Stability Post HF134. McKinstry seconded the motion and it passed 8- 0. Eastham moved to recommend to Council that the recommendation under Rental Permit Limits, #2 from the Recommendations for Addressing Neighborhood Stability Post HF134 staff memo, not be adopted. The commission does not recommend any spacing requirements in the impact area. Fixmer-Oraiz seconded the motion and it was approved 8-0. On the item of the cap on rental permits, Lamkins still feels it is a taking to accomplish a wider neighborhood benefit on the backs of a few homeowners. Conger believes there needs to be something that will trigger exceptions though an administrative process. Lamkins stated he would not be Housing and Community Development Commission October 30, 2017 Page 6 of 7 comfortable waiting for administrative approvals when the homeowner wants to sell as they won't know if the buyer can get them. In would have to be specific, in these cases, a rental permit is allowed. The Commission discussed various concerns about the rental permit cap but also knowing that areas may become 100% rental if no caps were set. McKinstry moved to recommend to Council that the recommendation under Rental Permit Limits, #1 (establish a cap on rental permits) from the Recommendations for Addressing Neighborhood Stability Post HF134 staff memo, be adopted; however, the policy should allow administrative approval on a case by case basis as it relates to a loss of substantial value for owner -occupied homes surrounded by rental property. Conger seconded and it was approved 7-1. (Lamkins opposed.) Eastham is interested in the Commission asking the City Rental Inspection system to require landlords to provide information on the pricing of all their rental units. There is currently no one database that shows that information. It would assist with efforts to provide affordable renting options. Hightshoe said this could be added to the agenda for next month. Hightshoe announced that Kris Ackerson's last day at the City is Wednesday, November 1. She will be covering until a replacement is hired. Hightshoe stated that they narrowed their Invest Health initiatives to two projects. Staff applied for a Mayor's Challenge Grant for affordable, quality child care with potential partners including the County, Kirkwood, 4C's and a non-profit child care provider. The second project is a mental health facility, holistic care. Hightshoe described the child care grant application and noted that Iowa leads the nation in the number of available parents working outside the home with the least childcare spots. 101010 0*1 *0 n-RIZULOL= None. ADJOURNMENT: Fixmer-Oraiz moved to adjourned. Conger seconded, a vote was taken and the motion passed. Housing and Community Development Commission Attendance Record 2017-2018 Name Terms Exp. 10/20 11/17 12/15 1/19 2/9 2/16 3/7 4/20 6/15 8/17 9/21 10/30 Conger, Syndy 7/1/2018 O/E X X X O/E X X X X X X X Eastham, Charlie 7/1/2020 --- --- --- --- --- --- --- --- --- X X X Fixmer-Oraiz, Vanessa 7/1/2020 --- --- --- --- --- --- --- --- --- X X X Harms, Christine 7/1/2019 X X X X X X X X X X X X Lamkins, Bob 7/1/2019 0/E X O/E X O/E X X 0/E X X O/E X McKinstry, John 7/1/2020 X X X X X X X O/E X X X X Olmstead, Harry 7/1/2018 O/E X X X X X X X X X X 0/E Padron, Maria 7/1/2018 --- --- --- --- --- --- --- --- --- O/E X X Vaughan, Paula 7/1/2019 O/E X X X X X X X X X X X Key: X = Present 0 = Absent O/E = Absent/Excused --- = Vacant or prior commissioner IP6 MINUTES PLANNING AND ZONING COMMISSION NOVEMBER 2, 2017 — 7:00 PM — FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: PRELIMINARY Carolyn Dyer, Ann Freerks, Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Jodie Theobald Sara Hektoen, Jann Ream RECOMMENDATIONS TO CITY COUNCIL: By a vote of 7-0 the Commission recommends approval of an amendment to City Code Sections 14-513-8E Sign Standards in the Central Business zones, and the South Downtown, University, Central Crossings, Park, South Gilbert and East Side Mixed Use subdistricts to allow plastic trim cap letters for signs above the fifth story. CALL TO ORDER: Freerks called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CODE AMENDMENT: Discussion of amendment to City Code Sections 14 -5B -8E Sign Standards in the Central Business zones, and the South Downtown, University, Central Crossings, Park, South Gilbert and East Side Mixed Use subdistricts to allow plastic trim cap letters for signs above the fifth story and discussion of internal illumination on upper stories of high-rise buildings. Ream noted that the Commission requested more information on illumination on the high-rise building signs. So Ream prepared a map to show where the existing high-rise buildings are and also where others are proposed or already built. The map shows how the high-rise buildings are concentrated in the downtown and south downtown Riverfront Crossings area. Next Ream spent time walking the areas and driving in her car to get an idea of the viewsheds for these high-rise buildings from surrounding neighborhoods. She showed some Google images (not all completely up-to-date) and pictures she took herself to give the Commission some idea of what the viewsheds look like. Ream found that the buildings skyline are exclusively visual from the arterial streets (Burlington, Gilbert, Dubuque, Clinton and Washington Streets). There is a small area while on Riverside Drive where one can look across the river and see the buildings. Ream also noted that due to the topography (and vegetation) of the area and the existing buildings in the area the viewsheds of the high-rise buildings can change drastically (from completely Planning and Zoning Commission November 2, 2017 — Formal Meeting Page 2 of 4 obscured to viewable in half a block). Ream added that when viewing the MidWestOne Building, the sign on that building would not be allowed in the new zoning standards, it would be at least one-third smaller. Freerks asked about the 1.5 times the size of the side of the building standard for signs and is that for each side or the building as a whole. Ream stated it is for each side, each sign wall is treated separately. Freeks stated her appreciation that Reams went out and walked and drove the area to be able to show the Commission a real feel for how the area looks. Ream stated as requested she looked at what other communities allow and one of the things that surprised her was how many communities allowed roof signs, and illumination of roof signs. She looked at four communities in Iowa, cities of a fairly similar size, plus she looked at both Burlington Vermont and Boulder Colorado because they are both of similar size and university towns with similar ped mall areas. Neither of those two communities allow high-rise buildings. The tallest building in Boulder allowed is 55 feet (5 stories) and in Burlington it is 65 feet. Hektoen added that the issue of illumination is not pending application so if there is a majority of commissioners that wish to pursue this further it could be added to the worklist and proceed from there. Freerks opened the public discussion. Seeing no one Freerks closed the public discussion Hensch moved to recommend approval of an amendment to City Code Sections 14 -56 -BE Sign Standards in the Central Business zones, and the South Downtown, University, Central Crossings, Park, South Gilbert and East Side Mixed Use subdistricts to allow plastic trim cap letters for signs above the fifth story. Martin seconded the motion. Freerks understands the amendment was to allow the plastic trim caps but wanted to use the opportunity to learn more and open the conversation and to let City Council know that some of the commissioners have concerns or thoughts of how it might affect things in the future. Freerks would rather plan than react. Theobald noted that she likes the community of Lacrosse Wisconsin and how they have created their riverfront. However at this point Iowa City is already further down the road and these conversations should have been at the beginning. In Lacrosse it appears there is a historic overlay over the entire downtown and all the signs must be wood or metal and cannot be backlit to be kept with the historic nature of the buildings. Ream noted that Dubuque Iowa had the same requirements. Signs stated he was intrigued by Ream's comment that Boulder does not allow high-rises and has building limits of 55 feet. His thought was that "ship has sailed" here in Iowa City, we have driven the prices of land up so high that one cannot afford to not build up high. Signs feels the City will see more and more high-rises because of that new reality. Ream added that Boulder passed their height ordinance in 1971. Planning and Zoning Commission November 2, 2017 — Formal Meeting Page 3 of 4 Hektoen added that in the context of affordable housing Boulder has a pretty serious affordable housing crisis. A vote was taken and the motion carried 7-0. CONSIDERATION OF MEETING MINUTES: OCTOBER 19, 2017 Theobald moved to approve the meeting minutes of October 19, 2017. Parsons seconded the motion. A vote was taken and the motion passed 7-0 PLANNING AND ZONING INFORMATION: Freerks noted that in the Staff memo there were a number of places where it stated "Commission Chair expressed" or "Commission Chair requested" and asked that in the future that is not used so there doesn't appear to be a bias or so that others will not be afraid to say something or ask something in fear of being "called out" in a memo. She added this is a place for information and that the Commission collectively works as a group. The meeting minutes will indicated individual's statements and opinions. Signs noted he will be absent for the December 7 meeting Martin will be absent December 21 and January 4. ADJOURNMENT: Signs moved to adjourn. Martin seconded. A vote was taken and motion carried 7-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2017 KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 4/6 (W.S.) 4/20 4120 514 5/18 6/1 (W -S) 6/7 6/15 716 7/20 8/3 8/17 9/7 9/21 10/5 10/19 11/2 DYER, CAROLYN X X X X O/E X X X X X X X X X X X X FREERKS, ANN O/E X X X X X X X X X X O/E X X X X X HENSCH, MIKE X X X X X X O/E X X X X X X X X X X MARTIN, PHOEBE X O/E O/E X X X X O/E X X X X X X X X X PARSONS, MAX X X X X X X X X X X X X O/E X X X X SIGNS, MARK X X X X X X X X X X X X X X X X X THEOBALD, JODIE X X X X X X X X X X O/E X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member