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HomeMy WebLinkAbout2019-03-07 Info PacketIr .-. - 4 �. mp CITY OC IOWA CITY www.icgov.org City Council Information Packet IP1. Council Tentative Meeting Schedule March 12 Work Session IP2. Agenda IP3. Memo from City Manager: 400 Block of N. Clinton IP4. Pending Council Work Session Topics Miscellaneous March 7, 2019 IP5. Email from Council member Cole: Lucky's location IP6. Memo from Economic Development Coordinator: Iowa City Marketplace and Lucky's Market IP7. Memo from City Manager: Deer Management Update IP8. Memo from City Attorney: Alcohol price specials IP9. Memo from Transportation Planner, City Engineer, Senior Civil Engineer: Mormon Trek Boulevard Four -Lane to Three -Lane Conversion IP10. Climate Action Advisory Board: Quarterly Report to Council IP11. Email from U. of I. Student Liaison: Lease Disclosure Change Proposal IP12. Letter from Iowa Department of Transportation (IDOT): PCC Patching -US 218 IP13. Civil Service Entrance Examination: Custodian - Government Buildings IP14. East Central Iowa Council of Governments: ECICOG Area Grant Opportunities IN 5. Invitation: Overview Mental Health First Aid Class - March 19 & March 21 Email from Council member Thomas: Mann Elementary: Parent Drop- off on Fairchild St. [Late handout distributed on 3/121 Email from Mayor: SSB 1201 / HSB 185 [Late handout distributed on 3/12] Draft Minutes IP16. Planning and Zoning Commission: February 21 IP17. Public Art Advisory Committee: January 10 ' l 1 =26.a -4 Ak db City Council Information Packet CITY IOWA CITY 1 March 7, 2019 www. gov.org / IP1. Council Te tative Meeting Schedule March 12 Work Ses on IP2. Agenda IP3. Memo from City Ma ger: 400 Block of N. C inton IP4. Pending Council Wo Session Topics MI cellane us IP5. Email from Council member ole: Luc y's location IP6. Memo from Economic Develo ent oordinator: Iowa City Marketplace and Lucky's Market IP7. Memo from City Manager: Deer M nagement Update IP8. Memo from City Attorney: Alcoh I p 'ce specials IP9. Memo from Transportation Pla er, City, Engineer, Senior Civil Engineer: Mormon Trek Boulevard F ur-Lane to Three -Lane Conversion IP10. Climate Action Advluncil ard: Quarterly Report to Council IP11. Email from U. of I. Sison: Lease Disclosure Change Proposal IP12. Letter from Iowa Deof Transportation DOT): PCC Patching - US 218 \ IP13. Civil Service Entrancation: Custodian -Government Buildings IP14. East Central Iowa CGovemments: ECICOG Area Grant Opportunities l IP15. Invitation: Overview Mental Health First Aid Class - March 19 & March 21 Draft Minutes IP16. Planning and Zoning Commission: February 21 IP17. Public Art/Advisory Committee: January 10 Item Number: 1. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org March 7, 2019 Council Tentative Meeting Schedule ATTACHMENTS: Description Council Tentative Meeting Schedule r City Council Tentative Meeting Schedule � AW Subject to change �r ON • Mw=IGQ March 7, 2019 CITY IOVVA CITY Date Time Meeting Location Tuesday, March 12, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, April 2, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Monday, April 15, 2019 4:00 PM Reception ICCSD 4:30 PM Joint Entities Meeting TBA *Tuesday, April 23, 2019 5:00 PM Work Session Emma J. Harvat Hall *Note: Date change 7:00 PM Formal Meeting Tuesday, May 7, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, May 21, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, June 4, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, June 18, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, July 2, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, July 16, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org March 7, 2019 Agenda ATTACHMENTS: Description Agenda Item Number: 2. CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org City Council Work Session Agenda Tuesday, March 12, 2019 Emma J. Harvat Hall - City Hall 5:00 PM • Joint meeting with the Planning & Zoning Commission • Discussion on 400 Block of North Clinton [I P3] • Clarification of Agenda Items • Information Packet Discussion [February 21, February 28, March 7] Council Direction needed on the following items: 1. (3/7)1 P7: Deer Management Update • Council updates on assigned boards, commissions, and committees Item Number: 3. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org March 7, 2019 Memo from City Manager: 400 Block of N. Clinton ATTACHMENTS: Description Memo from Crty Manager: 400 Block of N. Clinton r CITY OF IOWA CITY MEMORANDUMR&I Date: March 7, 2019 To: Mayor and Council From: Geoff Fruin, City Manager Re: 400 Block of N. Clinton Earlier this year the City Council considered the designation of 410-412 N. Clinton as a local historic landmark. While a majority of the City Council supported the designation, the vote ultimately failed as a supermajority was required but not reached. In the subsequent weeks, City staff and the property owner explored possible scenarios that could result in a voluntary local historic landmark designation. Such a scenario would have to serve the City's objective of permanent preservation, while also providing equivalent value to the property owner. Through our discussions we learned that the property owner may be able to acquire two properties immediately to the south of 410-412 N. Clinton. These properties are presently addressed as 400 N. Clinton and 112 E. Davenport. Assuming the developer could acquire those properties, they are open to exploring a scenario in which the City would grant them extra density for redevelopment on those lots in exchange for the local landmark designation of 410- 412 N. Clinton. In order to achieve the extra density, staff believes a text amendment to the City Code would be needed. Such an amendment would be focused on the PRM zoning classification and provide bonus density and possibly site standard waivers (parking, setbacks, etc.) in circumstances when an adjacent property is being landmarked by the same owner. Next, the City would then have to support the rezoning of the property to PRM, which is a higher density zone that is already located immediately across Davenport Street to the south. Staff believes a maximum height of four stories may be reasonable for this site. This would be of approximate height to Currier Hall, which is located across Clinton Street from this property. Thus, the text amendment would need to be crafted to allow for maximum density within a four- story structure. Design review of the structure would be of critical importance as it would be placed adjacent to a local historic landmark and located directly across from the University of Iowa campus. Staff would explore adding some level of design review criteria as a condition of the rezoning to PRM. Prior to exploring this in detail with the developer, staff would like to get a sense from the City Council if this sounds like a reasonable solution that will provide meaningful benefits to both the City and developer. At this time no commitments are being made by either party. However, the Council's informal support of the concept will help both parties become more comfortable investing time and money to achieve a mutually beneficial outcome. Item Number: 4. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org March 7, 2019 Pending Council Work Session Topics ATTACHMENTS: Description Henning Uouncil Work Session Topics CITY OF IOWA CITY UNESCO CITY OF LITERATURE PENDING CITY COUNCIL WORK SESSION TOPICS March 4, 2019 April 2. 2019 1. Discuss future City actions in response to the home at 101 Lusk 2. Discuss Northside Marketplace Form Based Code April 23, 2019 1. Review the preliminary traffic accident analysis and related set of recommendations and hear from University of Iowa Professor Jodi Plumert on her related research. Discuss approach to on -street parking regulations for narrow streets. Strategic Plan Actions Reauiring Initial City Council Direction: 1. Through cooperation with the Iowa City School District, Iowa Workforce Development, Kirkwood Community College, Iowa Works, and others, increase opportunities for marginalized populations and low- income individuals to obtain access to skills training and good jobs 2. Improve collaborative problem -solving with governmental entities in the region on topics of shared interest 3. Explore expanded use of a racial equity toolkit within City government, embedding it within city department and Council levels Other Topics: 1. Joint meeting with the Telecommunications Commission 2. Review alternative revenue sources 3. Consider a plan for rubberized surfacing at park playgrounds and develop strategies to address equity gaps noted in the Parks Master Plan and plan for the equitable distribution of destination parks within an easy and safe distance of all residents. (request Parks Commission to discuss first) 4. Review of RFC Form Based Code, including density bonus provisions and height allowances 5. Review drink special regulations 6. Review of staff's growth boundary analysis (Johnson County Fringe Area Agreement Update) Item Number: 5. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org March 7, 2019 Email from Council member Cole: Lucky's location ATTACHMENTS: Description Email Irom Uouncil member Cole: Lucky's location Kellie Fruehling From: Rockne Cole <rocknecole@gmail.com> Sent: Monday, March 04, 2019 8:46 PM To: Kellie Fruehling Subject: Packet Fellow Councilors: During packet review, I would like to address future of Lucky's location and provide direction on the front end as to what we would like to see occur at this location. The developer, of course, may pursue whatever path they choose moving forward, but I do not want to see any modification recommendation of any TIF agreement until we weigh in on what we would like to see. If the developer has no interest in exploration of a FoodHub type concept, we can keep on current path. NewBo food market could be a starting point for discussion. We will obviously not be able to sketch out all of the details during packet discussion, but I would like to gauge at least preliminary interest on our part and preliminary interest on developer's part. If such interest is there, we could then have a work session on the future of this location. Item Number: 6. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org March 7, 2019 Memo from Economic Development Coordinator: Iowa City Marketplace and Lucky's Market ATTACHMENTS: Description Memo from Economic Development Coordinator: Iowa City Marketplace and Lucky's Market Ib ��II Nom'` CITY OF IOWA CITY CITY OF IOWA CITY UNESCO CITY OF LITERATURE M E M O RA N D U M Date: March 6, 2019 To: Geoff Fruin, City Manager From: Wendy Ford, Economic Development Coordinator Re: Iowa City Marketplace and Lucky's Market Introduction On about February 10, Lucky's Market announced it would be closing its Iowa City location on March 4, 2019. This closing will have implications on the TIF agreement between Core Sycamore Town Center, L.L.C., the owners of the Iowa City Marketplace, and the City of Iowa City. To date, the City has made one $250,000 TIF rebate payment to Core Sycamore. Background City Council approved a Developer's Agreement with CORE Sycamore Town Center, LLC, on November 18, 2014 for a redevelopment of Iowa City Marketplace, formerly known as Sycamore Mall. The agreement stipulated certain minimum improvements, occupancy levels and a timeline for completion of a project designed to backfill the large retail space left by Von Maur's departure including interior, exterior, landscape and signage updates. The City would provide up to $1.75 million in TIF rebates over the course of seven (7) years ($250,000 annually) in exchange for the owner's $4.4 million minimum investment in revitalizing the mall and 15% increase in taxable value. The Agreement was amended on March 2, 2018 to extend the timeframe by which the Owners had to satisfy the occupancy requirements, as well as certain landscaping, parking lot and facade improvements. In both the original and the amended agreement, the developer was required to lease a 33,000 -square foot space to a grocery store for the term of the agreement. In addition, the agreement, as amended, required 80% occupancy by May 10, 2018, and 80% occupancy for 10 of the preceding 12 months by November 1, 2019. With the closure of Lucky's, occupancy by an active tenant falls below 80%. Annual certification process and TIF rebates Every November 1, Core Sycamore is obligated to file an Annual Certification indicating whether it is in compliance with the Agreement. If the owner has not defaulted on the agreement, the City will rebate the property taxes collected from the January 1 property assessment the same year as the certification. Because of the way property taxes are collected under Iowa law, those taxes are not actually paid until the fiscal year following the assessment. Those taxes are then rebated on June 1, after the second half of the taxes are collected on March 31. This creates a near two- year lag between filing the Annual Certification and receipt of the rebate check. March 7, 2019 Page 2 Core Sycamore has filed four annual certifications to date. The requirements of the agreement and their status at each November 1 certification date are shown in the following table. I Certification Nov.1, 2015 Rebate granted', REQUIREMENTS IN AGREEMENT Project completion date 7/18/2018', Occupancy requirements j 33,000 SF grocery Planet Fitness 25,900 SF Joann space 11/1/15: 65 11/1/16: 75 11/1/17: 70% 5/10/18: 80% that day 11/1/18: 80% that day I 11/1/19: 80% to end €I Amount of investment by completion date $4,400,000 Assessed Value by 1/1/2016 ql $11,517,848 complete Certification Certification Certification Nov.1, 2016 Nov.1, 2017 Nov.1, 2018 for 6/1/18 for 6/1/19 for 6/1/20 rebate rebate ; rebate $250,000 1 complete 65 75% 70% complete 6/26/2018 complete 82.19% 82.19% $11,865,740 1 $11,882,270 $11,882,270 Site requirements by 7/1/2018 ;Certain parking lot and pedestrian access improvements Enhanced landscaping in accordance with a landscaping site plan approved by the City Manager The interior remodeling of the Lucky's Market space, the Planet Fitness space and other retail spaces noted as Future New Retail spaces Facade improvements to the Lucky's Market space and the Future New Retail spaces, and a portion of the southeast fagade Addition of curbed and landscaped end islands, and compliance with the parking area tree coverage standards Sidewalk connection for Lower Muscatine, Sycamore Street and First Avenue to the mall entrance complete complete complete complete complete complete compliant on ' compliant on compliant on I Result I f I Nov. 1, 2016 Nov. 1, 2017 1 Nov. 1, 2018 March 7, 2019 Page 3 It is important to keep in mind that this TIF District was established based upon a need for economic development in this area, thus there is a 20 -year sunset on the City's ability to collect the increment generated from the properties in the District. This means that the last taxes available for TIF rebates are those collected from the January 1, 2022 assessment (to be paid September 30, 2023 and March 31, 2024). The first TIF rebate was made in June 2018, based on compliance with requirements for the November 2016 certification. The June 2019 payment and future rebates will require annual certification that the project has resumed compliance with the stipulations of the development agreement. Item Number: 7. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org March 7, 2019 Memo from City Manager: Deer Management Update ATTACHMENTS: Description Memo from Crty Manager: Deer Management Update i t 1 N flllost - ��l CITY OF IOWA CITY MEMORANDUM DATE.: F MARCH 6, 2019 TO: CITY COUNCIL FROM: GEOFF FRUIN, CITY MANAGER RE: DEER MANAGEMENT UPDATE This is to update you on our efforts on deer management. Late Handouts Distributed (Date) Natural Resources Commission and DeRartment of Natural Resources. Before getting into the details, I thought it best to distinguish between the role of the Iowa Natural Resources Commission (NRC) and the Iowa Department of Natural Resources (DNR) with respect to deer management. The MRC is a 7 -person statewide board that approves deer management in urban areas. The members are appointed to 6 -year terms by the Governor and confirmed by the Senate. The DNR is the staff support to the NRC. Previous NRC Action/Historical Background. The City began its deer management just over twenty (20) years ago with discussions in 1996 with the DNR. Beginning the winter of 1999-2000 and continuing annually through 2009-2010 (with the exception of the winter of 2002-2003), the City contracted with White Buffalo, Inc. to sharp shoot. In each of those winters the City applied for authorization from the NRC to shoot, and in each year, the NRC granted the application. Because the numbers of deer were at a reasonable population level, the City notified the NRC in May 2010 that it was not seeking authorization to sharp shoot the following winter. The City did not request to sharp shoot again until the spring of 2018. May 2018 Request to NRC to Sharp Shoot. Following your direction last February, I submitted a written request to allow sharp shooting during the winter of 2018-2019. Captain Evill Campbell, Animal Services Supervisor Liz Ford, and Ass't, City Attorney Sue Dulek appeared at the NRC meeting on May 10, 2018, and the NRC denied the request by a vote of 6-1. At the meeting, NRC members suggested that the City have additional discussion with its residents and submit a 5 -year plan (a/k/a, "long terra plan"). December 2018 Request -t NRC to Sharp Shoot. After listening to the NRC comments at the May 2018 meeting, City staff took a variety of actions. First, a web page was created to provide the public with information on deer management. Second, a committee was formed consisting of City residents and staff to organize a forum. Third, the committee hosted a public forum on deer management on August 14. The forum was recorded and is available on the City's website. Fourth, the deer committee issued a memo to the City Council, which the Council discussed at its work session meeting on October 2, and Council directed staff to make a second request to sharp shoot this upcoming winter. I submitted a second request to the NRC with a 5 -year plan calling for sharp shooting to lower the denslty to 25 deer per square mile followed by annual counts, and attached Is a copy of my November 28 tetter. At the December 13, 2018 meeting, Captain Bill Campbell and Asst. City Attorney appeared on behalf of the City, and the NRC again denied the request by a vote of 3-2 (with 2 members absent; the 2 absent members voted against the May request). Letter from NRC Chairperson. I received an unsolicited letter from the NRC Chairperson dated January 4, 2019, and I have attached a copy. In it the Chairperson states that the NRC is agreeable to all the City's requests contained in my November 28 letter except for the deer density level. Because the City's request was to manage our deer population stalely by means of sharpshooting and because the NRC had twice denied that request, staff and I determined that we needed clarification. As a result, I wrote to the NRC Chairperson seeking clarification, and I have attached a copy of my February 7, 2019 letter. I have not received a response to my letter but staff has had communication with senior DNR staff. It is our understanding that the NRC will approve professionally contracted sharp shooting for one year to decrease the number to the NRC approved density level but then some farm of a public hunt must be utilized to maintain the numbers for the remainder of the 5 -year plan. Sterilization as an Option. Residents have suggested sterilization as an option to manage our deer population. Section 481A.40 of the Iowa Code prohibits anyone from administering a drug to control fertility without the written authorization from the DNR Director or designee. This includes a dart to tranquilize a deer as part of a trap, neuter, and release (or TNR) program. Currently the DNR has an acting director, and City staff has inquired of senior DNR staff of the possibility that the Acting Director or a new Director would approve such an initiative. While DNR legal counsel could not speak definitively for Acting Director Trautman, it is counsel's understanding that he is unlikely to approve a plan that seeks to manage ars urban deer population solely through fertility treatments or surgical sterilization,. Text Steps, It is staff's belief that the NRC will not approve a request to manage our deer population solely by means of professional sharp shooting, but that there is a possibility of the NRC approving a 5 -year plan that consists of sharpshooting in year 1 followers by public hunts in years 2-5. The 5 -year plan will also need to consist of educating the public and doing annual counts, but it is the issue of a hunt that needs to be discussed. look forward to discussing this with you at your March 12 work session. Enc. Copy wlenc. to: Eleanor M. Dilkes, City Attorney Kellie K. Fruehiing, City Cleric Jody Matherly, Police Chief Bill Campbell, Capt. ICPD Sue Dulek, Asst. City Attorney _J -.r.-4 _,-- CITY OF IOWA CITY L; WWI ti MEMORANDUM DATE: FEBRUA3,2Y 14, 2018 TO: CITY COU IL FROM: GEOFF FRUI , CITY MANAGER RE: DEER MANAGE NT UPDATE This is to update you on our efforts o\deer management. Natural Resources Commission and Dedertm Before getting into the details, I thought it bqsl Resources Commission (NRC) and the lowis, deer management. The NRC is a 7 -person areas. The members are appointed to 6 -year The DNR is the staff support to the NRC. to distinguish between thp1role of the Iowa Natural ,epartment of Natural Rg§ources (DNR) with respect to tewide board that ap oves deer management in urban ms by the Governor and confirmed by the Senate. Previous NRC Action/Historical Background. The City began its deer management just overZnd e DNR. Beginning the winter of 1999-2000 exception of the winter of 2002-2003), the City co each of those winters the City applied for authoriz NRC granted the application. Because the number City notified the NRC in May 2010 that it was n winter. The City did not request to sharp shoot a my 20) ears ago with discussions in 1996 with the con ing annually through 2009-2010 (with the ntra with White Buffalo, Inc. to sharp shoot. In ati fro the NRC to shoot, and in each year, the of deer ere at a reasonable population level, the seeking a thorization to sharp shoot. the following in until the s inq of 2018. May 2018 Request to NRC to Sharp Shoot. Following your direction last February, I su —i ted a written request to allow sharp shooting during the winter of 2018-2019. Captain Bill Campb I, Animal Services Supervisor Liz Ford, and Asst. City Attorney Sue Dulek appeared at the N meeting on May 10, 2018, a'' d the NRC denied the request by a vote of 6-1. At the meeting, NR members suggested that the Cityyiave additional discussion with its residents and submit a 5 -ye plan (alk/a, "long term plan"). December 2018 Request to NRC o Sharp Shoot. After listening to the N/,topr nts at the May 2018 meeting, City staff took a variety of actions. First, a web page was createde the public with information on deer management. Second, a committee was formed of City residents and staff to organize a forum. Third, the committee hosted a public forum oanagement on August 14. The forum was recorded and is available on the City's website. Fouer committee issued a memo to the City Council, which the Council discussed at its work seting on October 2, and Council directed staff to make a second request to sharp shootming winter. submitted a secon(;Krequest to the NRC with a 5 -year plan calling for sharp shooting to lower the density to 25 deer per square mile followed by annual counts, and attached is a copy of my November 28 letter. At the December 13, 2018 meeting, Captain Bill Campbell and Ass't. City Attorney appeared on behalf of the City, and the NRC again denied the request by a vote of 3-2 (with 2 members absent; the 2 absent members voted against the May request). Letter from NRC Chairperson. I received an unsolicited letter from the NRC Chairperson dated January 4, 2019, and I have attached a copy. In it the Chairperson states that the NRC is agreeable to all the City's requests coMpined in my November 28 letter except for the deer density level. Because the City's request was to rhanage our deer population solely by means of sharpshooting and because the NRC had twice denied that request, staff and I determined,that we needed clarification. As a result, I wrote to the NRC Chairperson seeking clarification, aM I have attached a copy of my February 7, 2019 letter. I have not received a response to my letter but staff has had communication with senior DNR staff. It is our understanding that the NRC will approve professionally contracted sharp shooting for one year to decrease the number to the NRC approved density level but then some form of a public hunt must be utilized to maintain the numbers for the remainder of the 5 -year plan. Sterilization as an Option. Residents have suggested sterilization as an option to manage our,deer population. Section 481A.40 of the Iowa Code prohibits anyone from administering a drug to control fertility without the written authorization from the DNR Director or designee. This includes a dart to tranquilize a deer as part of a trap, neuter, and release (or TNR) program. Currently the DNR has an acting director, and City staff has inquired of senior DNR staff of the possib' ity that the;Rcting Director or a new Director would approve such an initiative. While DNR legal counsel cpfild not speak definitively for Acting Director Trautman, it is counsel's understanding that he is unlikely to approve a plan that seeks to manage an urban deer population solely through fertility treatments or surgical sterilization. Next Steps. It is staff's belief that the NRC will not approve a request manage our deer population solely by means of professional sharp shooting, but that there is a possibi ' y of the NRC approving a 5 -year plan that consists of sharpshooting in year 1 followed by public huntsyears 2-5. The 5 -year plan will also need to consist of educating the public and doing annual counts, b it is the issue of a hunt that needs to be discussed. I look forward to discussing this with you at your March 12 work ses6(on. Enc. Copy w/enc. to: Eleanor M. Dilkes, City Attorney Kellie K. Frue)-ing, City Clerk Jody Mather , Police Chief Bill Campb Il, Capt. ICPD Sue D 71, AssT City Attorney I r 1 :rm ]LI,,� CITY OF IOWA CITY November 28, 2018 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX Natural Resource Commission www.icgov.org Henry Wallace Building 502 E. 9th St. Des Moines, IA 50309 In re: December, 2018 Business Meeting Urban Deer Management Zone—Special Harvest/Request to Sharp Shoot Deer Dear Commissioners: Thank you for the placing this request by the City of Iowa City on the agenda of your December 13, 2018 business meeting. The following City staff will be appearing at your meeting: Captain Bill Campbell of the Iowa City Police Department and Assistant City Attorney Sue Dulek. Earlier Request. After listening to your comments and those of Dr. Garner at the May 2018 meeting, City staff took a variety of actions. First, a web page was created to provide the public with information on deer management. Here is a link to the web page-- https://www.icgov.org/project/deer- population-management-project. Second, a committee was formed consisting of City residents and staff. Third, the committee hosted a public forum on deer management on August 14. The forum was recorded and is available on the City's website. Fourth, the deer committee issued a memo to the City Council, which the Council discussed at its work session meeting on October 2 (copy is attached as Exhibit A). The City Council directed staff to make a second request to sharp shoot this upcoming winter. Request. Pursuant to 571 Iowa Admin. Code 105.5, the City of Iowa City (the City) is requesting NRC approval of an urban deer management zone during the winter of 2018-2019. Additionally, the City is requesting that the special harvest be conducted under the following conditions: 1. The deer management area is defined as all public and private land within the corporate limits as designated by the City Council. Property owners will need to provide the City with permission. 2. The number of deer to be killed will not bring the deer to a density of less than 25 deer per square mile. 3. The deer management program will be conducted solely by professional wildlife biologists trained as sharp shooters. 4. Bait may be used to attract deer to select sharpshooting locations. (The City understands that bait is an issue to many but this is not a recreational hunt.) As recommended by Dr. Garner, all baiting will be discontinued immediately and all remaining bait shall be removed if a CWD positive test result is confirmed. If no CWD positive test result is confirmed, all bait will be removed at the end of the sharp shooting effort. 5. The deer carcasses will be individually identified (i.e., tagged) and transported whole (i.e., not field dressed) to a locker. All deer ages 1 year and older will be frozen and tested for chronic waste disease (CWD) and held in individual containers until CWD test results are known. The City and the IDNR will enter into a contract for CWD testing and all costs borne by the City. The contract will contain further testing details. 6. After receiving a "not detected" CWD test result, all deer meat will be distributed free of charge at the Crisis Center that operates our local food bank. If there is a positive CWD test, the carcass will be properly disposed of. 7. All antlers will be sawed off above the pedicle and turned over to the DNR. The locker will keep the hides. 8. Deer sharp shooting activities may occur from December 1, 2018 through March 31, 2019. Lonq Term Deer Management Plan. The City's long-term deer management plan is to do a count in 2019, after the above requested sharp shooting management program has occurred. If the number of deer remain over 25 deer per square mile, I assume that the City Council will again make a request to sharp shoot during the winter of 2019-2020. Although there have been many residents who have served on the City Council since the City first decided to sharp shoot 20 years ago, our Councils have always chosen to manage deer by sharp shooting. Our residents and our Councils have never wished to manage deer by means of bow hunting, and I believe that future Councils will not agree to a bow hunt. With that said, the City Council will need to direct staff each year on how it wishes the City to manage the deer population. Previous NRC Action/Historical Background. The City began its deer management just over twenty (20) years ago with discussions in 1996 with the DNR. As recommended by the DNR, the City formed a committee in 1997 to determine the best methods for the City to manage the deer population consisting of representatives of a variety of groups, such as a resident living in areas heavily populated with deer, resident in areas not heavily populated with deer, animal rights, science/biology background, and Iowa Wildlife Federation. After spending 5 months deciding whether to reduce the number of deer and how to do so, the committee recommended to City Council reduction by sharp shooting and trap and kill, but not bow hunting. The NRC approved the request to sharp shoot, and the City entered into a contract with the U.S. Department of Agriculture (USDA) to sharp shoot, but in February 1999, a lawsuit was filed against the USDA alleging a violation of the National Environmental Policy Act. The Court entered a temporary restraining order which terminated the sharpshooting that spring and ended the City's relationship with the USDA. Beginning the following winter of 1999-2000 and continuing annually through 2009-2010 (with the exception of the winter of 2002-2003), the City contracted with White Buffalo, Inc. to sharp shoot. In each of those winters the City applied for authorization from the NRC to shoot, and in each year, the NRC granted the application. Because the numbers of deer were at a reasonable population level, the City notified the NRC in May 2010 that it was not seeking authorization to sharp shoot the following winter. The City's Deer Task Force was also dissolved that spring. For your information, attached as Exhibit B is a copy of the report by White Buffalo, Inc. from the operation of the winter of 2009-2010, which includes a summary of the number of deer harvested in each of the winters the City engaged White Buffalo, Inc. Current Deer Population. Unfortunately, the deer population in the City has grown since 2010 and has returned to the level of twenty (20) years ago. I am attaching as Exhibit C a copy of the report by White Buffalo, Inc. entitled "Iowa City White -Tailed Deer Population Estimate January 2018." White Buffalo, Inc. White Buffalo, Inc. is a nonprofit organization with considerable experienced in deer management in urban and suburban settings by means of professional sharpshooting. Its web site is https://www.whitebuffaloinc.org/ As I said earlier, the City contracted with White Buffalo, Inc. for 10 years without incident and will do so again this year if the NRC approves this request. I am attaching as Exhibit D the sharpshooting protocol employed by White Buffalo, Inc. Bow Hunting. know that some commissioners stated at the May meeting that they wanted to see the City offer bow hunting as an option to manage the deer within the City limits. I also understand that bow hunting is successful in many communities. The current City Council, as did previous Councils, prefers to manage the deer population in Iowa City by means of sharp shooting. Additionally, bow hunting will not kill enough deer to bring the numbers down to the number acceptable to City residents. As we did previously, the City will contract with a local locker to package and freeze all the deer meat to be distributed free of charge at the Crisis Center that operates our local food bank. Conclusion. City staff looks forward to the opportunity to meet with you, answer your questions, and address your concerns. If you find that you need additional information, we will provide that to you either in writing and/or in person. If authorization to proceed with sharp shooting is approved, I will provide the NRC with a report next spring summarizing the operation. Thank you very much for your time and consideration. Sincerely, Geouin �2 City Manager Enc. Copies w/enc. to: Jody Matherly, Chief of Police Bill Campbell, Capt. Iowa City Police Dept. Susan Dulek, Ass't. City Attorney January 4, 2019 DEPARTME14T 13F NATURAL REsoURCES Geoff Fruin, City Manager City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 Geoff-Fruin iowa-city.org Dear Mr. Fruin, GOVERNOR Kim REYNOLDS LT. GOVERNOR Anus C:Rtrr. IOWA NATURAL RESOURCE COMMISSION RECEIVE® BY JAN 0 8 2019 CP ATTORNEY'S OFFICE I am writing to thank you for your interest in managing Iowa City's current deer population. As you know, this is a complex issue that has many nuances and variables to consider. This letter is to provide you information regarding the denial of the special sharpshoot request and to keep the dialogue open to explore resolutions in relation to the management of Iowa City's deer population. In regard to the presentations made before the Natural Resource Commission on May 10, 2018, and December 13, 2018, 1 would like to compliment Assistant City Attorney Sue Dulek and Captain Bill Campbell. They presented the City's position professionally and were open to discussion. We also appreciate the City's efforts to re-engage their deer committee and seek public input regarding this issue. With that being said, concerns expressed by members of the Commission regarding the special request include the length of time since Iowa City's last management effort and the limited long term plan for future management, a plan that was requested by the Commission during the petition review on May 10, 2018. As you may know, a number of Iowa's urban areas annually utilize the Department of Natural Resources' deer population management zone hunts (under Iowa Administrative Code [571] 105.3) with the guidance and assistance of the Department's depredation biologist. The purpose of these hunts is to "ensure the harvest of an adequate number of deer to reduce economic and biological damage caused by high deer populations." These types of hunts allow cities to regulate the season dates, type of weapons, license types, and quotas. Although, there are aspects within sharpshooting that are not ideal as a method of take as noted in comments by individual commissioners, we understand there may be an occasion to accommodate this effort to reduce the deer population, especially as an initial management tool. We highly encourage you and the council to explore and familiarize yourselves with other proven, cost effective, and scientifically sound methods of take. As noted before, the Department's depredation biologist is available to assist you with a long term plan in whichever methodologies you choose to consider. Feel free to contact Iowa DNR's Greg Harris, Depredation Biologist (319- 330-5578) or Dr. Dale Garner, Division Administrator (515-238-3181) with any questions. In review of the City's immediate plan with the Department, as outlined in your December 13, 2018, request, the Department is acceptable to items #1 and #348 with the caveat that the City works with the Department to coordinate details, such as with contracting under #5. Regarding #2, the reason for 25 deer per square mile is unclear. Dr. Dale Garner, IA DNR, notes that, biologically, if you are looking to reduce deer density to reduce vegetative/native fauna destruction, then the density will need to be much less than 25 deer per square mile. In your long term planning, we encourage you to re-evaluate this number in regard to the end results you seek to achieve. Iowa Natural Resource Commission Wallace Building, 502 E 9T" St, 4th Floor, Des Moines, IA 50319 www.iowadnr.gov/About-DN R/Boards-Commissions/Natural-Resource-Commission Also, in your long term planning, we would like to ask for a five year deer management plan that includes continuous annual evaluations and actions that include: • Identify how the City will evaluate and manage the population after the current density is reduced. • Continue to engage the deer committee, including members from various interest groups, to provide a broad and comprehensive perspective of the issue, and, • Seek continuous education in deer population management tools to use for internal and public education. The NRC would be open to reviewing the City's request if it includes a more robust and continuous long term management plan as noted above. If the City is interested in pursuing a shoot or hunt, I invite you to present at our February 14, 2019, Commission business meeting. Once your request has been received, we will review it for any need of additional information prior to the meeting. As noted before, this is a complex issue with many nuances and variables and they cannot all be addressed in this letter, but I wanted to make sure you were aware the door is open for continued dialogue and encourage you to seek assistance from your City's own biologists and deer management experts and/or the Department's depredation biologist in creating a long term and sustainable deer management plan. Respectfully Submitted, Mar nderwood, Chair Natural Resource Commission Margo. Underwood@dnr.iowa.eov Attached: Letter from Geoff Fruin, City Manager, City of Iowa City, dated 11/28/18 cc: Susan (Sue) Dulek, Asst City Atty, 410 East Washington Street, Iowa City, IA (Sue-Dulek@iowa-city.org) Captain Bill Campbell, 410 East Washington Street, Iowa City, IA (Bill-Campbell@iowa-city.org) Natural Resource Commissioners (Marcus.Branstad@dnr.iowa.gov, Kim. Fra ncisco@dnr.iowa.gov, Laura.Hommel@dnr.iowa.gov, Tom.Prickett@dnr.iowa.gov, Phyllis.Reimer@dnr.iowa.gov, Dennis.Schemmel@dnr.iowa.gov) Dr. Dale Garner, IA DNR, CRD Division Administrator (Dale.Garner@dnr.iowa.gov) Greg Harris, IA DNR, Depredation Biologist (Greg. Harris@dnr.iowa.gov) Letter to G. Fruin, City of Iowa City: dated 01/04/19 Page 2 of 2 Iowa Natural Resource Commission Wallace Building, 502 E 9" St, 4`' Floor, Des Moines, IA 50319 www.iowadnr.gov/About-DNR/Boa rds-Commissions/Natural-Resource-Commission February 7, 2019 Ms. Margo Underwood Chair, Iowa Natural Resource Commission Henry Wallace Building 502 E. 9th St. Des Moines, IA 50309 Dear Chair Underwood: I t aw 41 OW ,II�I, z CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 3S6 -S009 FAX WWW.icgov.org Thank you for your letter dated January 4, 2019. 1 greatly appreciate your willingness to assist the City of Iowa City with our deer management efforts. As you noted in your letter, we appeared before the Iowa Natural Resource Commission (NRC) twice in 2018 in order to try to restart our deer management efforts. Our staff has also spent significant time engaging Department of Natural Resource staff and soliciting and processing input on this topic from our community. Because our request for a sharpshoot was denied in both May and December of 2018, we are now contemplating how to move forward with our management efforts in a manner that aligns with the expectations of our community and that will also be acceptable to the NRC. Based on the feedback received from the NRC at the December 13th meeting, we were previously of the understanding that continuing our community's history of sharpshooting would not be an acceptable option under any circumstance. However, upon receipt of you January 4th letter, it is now our understanding that a sharpshoot can indeed be supported by the NRC. Your letter states that the "Department is acceptable to items #1 and #348" in my December 13 request. Item #3 in our request states: "The deer management program will be conducted solely by professional wildlife biologists trained as sharp shooters." Your letter was very helpful in identifying the steps Iowa City needs to take in order to gain the approval of the NRC for our preferred management tool of sharpshooting. I now understand that a five-year deer management plan is needed that includes "continuous annual evaluations and actions that include: Identify how the City will evaluate and manage the population after the current density is reduced. Continue to engage the deer committee, including members from various interest groups, to provide a broad and comprehensive perspective of the issue, and, Seek continuous education in deer population management tools to use for internal and public education. " Your letter also questioned the deer density level of 25 deer per square mile contained in item #2 of the City's request. When Iowa City made its first request to the NRC in the late 1990's, our goal was 35 deer per square mile. Our City Council lowered the goal to 25 in 2005 after our Deer Task Force concluded that 25 deer per square mile to be the level at which irreversible environmental damage occurs. Thereafter every subsequent request to the NRC has been to sharpshoot a sufficient number of deer to achieve a goal of 25 deer per square mile. I provide this to you by way of background only. The City is very willing to lower this number to satisfy the NRC. Your guidance that our current target goal is too high is much appreciated. Per your suggestion, we will seek direction on a revised figure with Department of Natural Resource staff that have significant expertise on this subject matter. Prior to further engaging our elected officials and the residents of Iowa City, I respectfully request that you confirm that my understanding of your letter is correct. It is very important to our community that we develop an acceptable plan in a timely manner so that we can restart our deer management efforts in 2019. In short, our understanding is that the NRC is open to approving a plan that only includes sharpshooting if Iowa City develops a five-year plan as described in your letter and if we reduce our previously submitted goal of 25 deer per square mile. On the latter topic we will seek expert guidance from Department of Natural Resource staff. If this understanding is incorrect it is vitally important that the NRC provide us precise parameters for a plan that will meet your approval. If for instance, sharpshooting will not be approved as either a one-time reduction strategy or an ongoing management tool than we need to know that in no uncertain terms so we can appropriately advise our elected officials and guide local public discussion. Again, thank you for reaching out and offering assistance. We truly view the NRC as a partner on this issue and we graciously seek your assistance and direction so that we can address a rapidly growing public safety concern in our community. I look forward to your response. Sincerely, Geoff Fruin City Manager Via U.S. mail and email <Margo. Underwood@dnr. iowa.gov> Copy to: Natural Resource Commission via email to <Kim.Rasler@dnr.gov> Dr. Dale Gamer via email <Dale. Garner@dnr. gov> Jody Matherly, Chief of Police Bill Campbell, Captain Iowa City Police Dept. Susan Dulek, Assistant City Attorney Item Number: 8. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org March 7, 2019 Memo from City Attorney: Alcohol price specials ATTACHMENTS: Description Memo from City Attorney: Alcohol price specials City of Iowa City MEMORANDUM Date: March 7, 2019 To: City Council From: Eleanor M. Dilkes, City Attorney Qj� Re: Alcohol price specials You have asked me to provide a history of Council's deliberations over the years concerning "price specials". This term refers to a particular type of drink special that lowers the price of a drink (e.g. $1.00 beer, $1.00 you call it). You should keep in mind that the Council has considered the prohibition of drink specials as one of many strategies to deal with overconsumption and underage consumption of alcohol over the years, and the decisions it made were in the context of a much larger discussion than will be covered in this memo. The current ordinance does not prohibit price specials but does prohibit 2 for 1s, all you drink specials and "out of sight sales" (delivery of more than 2 containers to any one person at any time). Here is the ordinance: 4-5-7: LIMITATIONS ON SALES: A. Unlawful: It shall be unlawful for a holder of a liquor control license, or wine permit or beer permit, or its employees or agents, to do any of the following: 1. Sell, offer to sell, dispense or serve for on premises consumption, two (2) or more servings of any alcoholic liquor, wine, or beer to any one (1) person for the price of one (1) such drink. 2. Sell, offer to sell, dispense or serve for on premises consumption an unlimited number of servings of alcoholic liquor, wine, or beer for a fixed price or an unlimited number of servings for free. 3. Increase the volume of alcoholic liquor contained in a drink, for on premises consumption, without proportionally increasing the price charged for such drink. 4. Dispense or serve for on premises consumption, more than two (2) containers of any alcoholic liquor, wine, or beer at any one time to any one person. For purposes of this section a "container" is a receptacle, such as a glass or a cup, that holds a substance or substances. 5. Encourage or permit any game or contest or tournament of any kind which involves drinking any alcoholic liquor, wine, or beer or the awarding of alcoholic liquor, wine, or beer as a prize. 6. Dispense, pour, or otherwise serve any alcoholic liquor, wine, or beer directly into a person's mouth. B. Exceptions: Nothing in subsection A of this section shall be construed to prohibit any of the following: 1. The holder of a liquor control license, or wine, or beer permit, or its employees or agents, from including servings or drinks of alcoholic liquor, wine, or beer as part of a hotel or motel package which includes overnight accommodations. 2. An "authorized entity", as defined in section 4-5-3 of this chapter, from hosting a tasting event, as defined and regulated by the Iowa alcoholic beverage division, as part of a community wide attraction that supports the economic vitality of the downtown. (Ord. 15-4644,10-6-2015) March 7, 2019 Page 2 When a drink special ordinance was originally presented to Council in 2001 it prohibited the following: Sell, offer to see, dispense or serve for on -premises discussion any alcoholic liquor, wine or beer at a reduced price from that normally or customarily charged by the licensee or permittee. Direct regulation of price presented legal and practical problems and any restrictions staff had found in other states' law addressed the problem in this fashion. The Council chose not to include this provision in the ordinance. I have attached the transcript of the Council's discussion on April 16 (attached as Exhibit A.) In the words of then Mayor Ernie Lehman the provision was eliminated due to the difficulties presented both "philosophically and operationally." The issue was resurrected in 2008 when the Council again was looking at various initiatives to address underage drinking and overconsumption. Staff drafted a provision (attached as Exhibit B) that was described as follows in my memo to Council dated December 23, 2008: Price specials. The proposed ordinance prohibits price specials. As we discussed, the current restrictions on 2 for 1 or all you can drink have little impact without a prohibition on price specials. For example, a bar can't sell 2 beers for a dollar but can charge 50 cents for each beer. Currently, specials like "dollar you call it" are not illegal. The proposed ordinance sets up a system that require establishments to post their prices in increment of not less than 1 "calendar week" and to have those prices on file with the City Clerk. Posted and filed price schedules may cover more than one calendar week. Staff has given much thought and had much discussion about this ordinance, being cognizant of the likelihood that some will search for "loopholes" and of the difficulties of enforcement. The proposed ordinance states what information must be included on the schedule (size of container, amount of liquor, wine or beer, calendar week or weeks that the schedule is effective) but does not dictate what types of drinks/containers/bottles must be included in the posting. An establishment must sell only for the prices they have posted and the price which is on file with the City Clerk. For example, if it wants to group all domestic beers together at one price it may do so; if it wants to list them separately it may do so. Filing with the City Clerk is necessary because it is the only way to know that an establishment is not posting different prices each day. The ordinance also prohibits the advertising of specials. On January 5, 2009 Council chose not to move forward with a regulation of price specials, concluding that it would be an "administrative nightmare." I have attached a transcript of the Council's discussion on January 5, 2009 (Exhibit C). Please let me know if you have questions. Cc: Geoff Fruin, City Manager Kellie Fruehling, City Clerk Eric Goers, Asst. City Attorney April 16, 2001 Special Work Session Page 24 prices, that's a right th have and I,,on t necessarily agree with that. Ernie I would recommend that we tonight your proposal for doing away with some of the specials prohi ' ions. rik we should see if we have a majority that would want to keep those in there, I think they -re somewhat separate from the changes that El anor was recommending that so wean see that one if we want to keep it in o away with it. I would like to hear again your proposal. Lehman/ Well I talked to Andy about this and I've talked to, I've only been called by three bar owners, two of them came to see me. And the indication I had from the bars owners was that they could live with the provisions of this ordinance without any particular difficulties except for the provision that eliminated offering specials just as restaurants offer specials on meals and retail stores offer specials on merchandise, whatever, they feel that as a matter of doing business they should have the ability if they want to run a special on a Monday or Tuesday night, to differentiate themselves from their competition, the way the ordinance is written they would have to sell their product at their usual price. Now their usual price could be a special price on a Monday, Tuesday, Wednesday or Thursday. But it appears to me that the difficulty I would assume Eleanor, that if usual prices would have to be filed with the city. We would have to have some measure to know whether or not they're selling at their usual prices. It seems to me there are a lot of difficulties involved with the pricing specials that the other provisions of the ordinance as we passed it last week I think do a pretty good job of giving us tools to handle this situation. And I'm not sure this is really a tool that's necessary, if it creates that much of a problem, I don't think we damage the ordinance a great deal by taking it out. Now that's my opinion, I don't know how the rest of the Council feels. Pfab/ I would make, combining what both of you are saying there and that is discuss this tomorrow night at our public session and wait until after all the ideas are in and then have another hearing and have a vote after the first, Lehman/ I don't think we're going to have another hearing Irvin, we have listened to three hours of discussion from the public, most of which was not relevant to this ordinance. Pfab/ Well I think it's kind of focusing in now that when we saw that things can change. Lehman/ Well and I think that's why we're talking, we need to decide whether or not we want to keep that in or not, whether we want Eleanor to go through the recommendations that she's going to get from the bar owners and proceed with this. You know obviously seven of us felt it was worth working with two weeks ago, I just want to know if we are willing to proceed it. Eleanor. EXHIBIT April 16, 2001 Special Work Session Page 25 Dilkes/ Ernie the one you are talking about I do think it does make some sense that if there are a majority of you are not interested in pursuing that particular restriction that we get rid of it now. Lehman/ That's what I'm trying. Dilkes/ Because a number of the questions I'm getting from the bar owners deal with that restriction and that particular one is going to take some time to get in order so it would be nice to have an indication, know what (can't hear). Lehman/ Yea you'd like to know before you meet with the bar owners, it's going to save a tremendous amount of time on your part, so 1 guess the question is. Vanderhoef/ I guess I have a question for Eleanor before we make up our mind on this. I did have a little discussion with Marian as far as her office and how to address this particular issue particularly figuring out what the customary price is and whether that customary price is for all day or whether it truly is a special that is only for a time period. How enforceable this would be unless it would be for all day? Dilkes/ You mean if we compared the prices on each day, you mean your normal and customary price for a particular day. Such that on Monday's you could do $1.00 draws, as long as on Monday's you always did $1.00 draws. Vanderhoef/ For all day, versus a time period which. Dilkes/ Well I think that's a possibility, I think that's something that has been done in other states. Vanderhoef/ Well one of the things that crosses my mind on this whole thing and Ernie and I had talked a little bit about it and at first flush I wasn't with agreement with him and where I was going with all of this was that drink specials to me that have a very limited time period of say two hours encourages the public to come and drink fast and often which to me then leads to the inebriation and so forth and so what I was looking at was if there's going to be a drink special then the drink special must be for a full 24 hours or the hours that the bar's open. Dilkes/ We have seen provisions in other states like this yes. Vanderhoef/ And how do you see that as being easier or harder to enforce? Dilkes/ I think it's just the flip side of what I was saying about having it for each day, looking at the normal and customary price for a particular day, it's really just the flip side of that. Vanderhoef/ Okay April 16, 2001 Special Work Session Page 26 Champion/ Ernie, since I'm not for the ordinance I'm obviously for your amendment. Then could a bar have, I mean they could have a special like you know today is a black and tan day or black and tan night or whatever, you know that's a common special at bars and so then if they wanted to have a happy hour they could have half price drink specials between 4 and 6 or okay I support the amendment. Kanner/ Ernie for one I don't think it's that complicated, I think to have some sort of ordinance that works pretty well to not allow drink specials I think that it's either state or federal codes about definition for instance for any product outside of bars, what you call a sale, you can't have say something's on sale forever and ever, it's false advertising. You can't put something on sale for months at a time. Lehman/ I'm not sure that's true anymore. Champion/ Yes you can. Kanner/ And it might be a state, but I've seen that where they limit what you can call a sale because it's misleading, it's not a sale anymore after a certain amount of time. My point being that we can say the same thing for if people are switching back and forth for bars on what their prices are. I think we could say very easily for instance if we had to put in that it would be, you had to hold a price for at least a month. So from that angle I don't think it's to hard to enforce it, we could make it simple and it would work like that. And I think what I've seen is a downward race to get lower and lower prices and more and more specials to bring people in and a lot of them is just to get people drunk and I don't think it's healthy and I don't think it's the greatest loss in the world if we eliminate drink specials. I don't think it's a god given right to have drink specials and we can survive without them. So I would recommend that we keep that limitation and we make sure we get the wording right so we don't have that loopholes. We do away with the ability to give away free drinks at licensed places and we also eliminate drink specials, I think it could work and it won't be that difficult to enforce. Wilburn/ Connie when you say you support Ernie's amendment does that mean you are letting go for now that you have to be 21 to get in? Champion/ No that's still my number one priority but I think what Eleanor is asking is whether a majority of the Council approves getting rid of that part of the ordinance and yes since I don't like the ordinance at all I'm totally willing to get rid of it or any other part of it. Vanderhoef/ Just keep widdling away huh? Champion/ Except for the penalties. April 16, 2001 Special Work Session Page 27 Lehman/ Well we need to know obviously, I believe that with the civil penalties and the ability to go after the establishments that serve people who are inebriated that we do have the ability to at least the consequences of folks who drink to much. I think the difficulty associated with the drink specials both philosophically and operationally are enough that I don't know that it adds a great deal of what we're trying to do. The rest of the ordinance I think contrary to what Connie thinks, I think it does offer us some pools that will really help control the situation that we have that has not been controlled in some time. But I need to know Wilburn/ I'll agree with that. Lehman/ Eleanor needs to know, are there four people that would eliminate that Item 4 on drink specials from the ordinance that we passed last week? Pfab/ Can I ask you a question before you go there? Is this the time to go everything just say nobody under 21 in the bar? If we're going to make a change maybe this is the time to do it. I would go along with Connie on that I don't know if there's any other support. Lehman/ My only problem, and I have a personal problem with that, I know you do too Ross. I think we have said and I don't disagree with it totally, we may end up at 21, I don't think there's any question about it. I do believe there are significant numbers of people who do enjoy going into bars for dancing and musical groups and whatever that would be prohibited from going into those places. Now we have said publicly that this was not an ordinance that was 21, the public has understands this ordinance is not a 21 ordinance. I think there would be significant amount of objection from those people who do go into the bars who are 21 who have not felt they need to address it because that's not been on our plate. Champion/ That's true. Lehman/ I would like to see us go do this ordinance with the agreement that if we are not satisfied with the way it performs that we will agree to look at a 21 ordinance let's say at the first of the year, I mean evaluate what this one does, if it doesn't do anything that we agree to come back and look at a 21 ordinance. Pfab/ I have no problem with that. Lehman/ Now do we want to eliminate drink specials? Are there four people, are there three besides me? Pfab/ I think the drink special is going to be a can of worms unfortunately Lehman/ The whole thing is a can of worms. April 16, 2001 Special Work Session Page 28 Pfab/ No the drink special is telling people that a business, how they can run a business. Dilkes/ Can we just clarify, just make sure, they're all drink specials, the two for ones, all you can drink, they're all drink specials. We're talking about the reducing the price on a drink from that normally charged, that's the one we're talking about eliminating right? Lehman/ Right. Vanderhoef/ Only one. Lehman/ But the way we worded it now, if you customarily sold your beer on for 50 cents a pint on Monday night you could continue to do that. Dilkes/ I know I'm just, I just want to clarify that we're just talking about that one particular. Vanderhoef/ Number four Dilkes/ Number four. Lehman/ Number four. I have two to get rid of number four, actually I have three. Pfab/ I'll be the. Lehman/ I have four, get it out of there. We will defer this tomorrow night, hopefully we'll get some information back from you possibly as soon as the first of May, at least we'll discuss it more two weeks from tonight or whatever it is. But that will be out and we will proceed from there. Pfab/ I would like to go on, have this go on record though that this is for a trial period until the first of the year or three months, four months, whatever. Dilkes/ I think your not giving yourself enough time if you go until January first, I'm really concerned about. Vanderhoef/ Next summer. Kanner/ Irvin with the limitations on some of these things it might not pass at all so before you start talking about that we'll have to talk about whether it's going to pass or not. Lehman/ Oh we have a request for a break. April 16, 2001 Special Work Session Page 29 Dilkes/ I have one more thing, it sounds like some of you have comments by bar owners about some of these special restrictions, just remember I can't deal with those on Thursday if they don't come to us. So if they want, if they have issues about details and language and enforcement those things, they've got to get those questions to us. Lehman/ I'm aware of that. Pfab/ Now if we take this part out does that mean we're still passed our first? Lehman/ No we have to have the first reading again. O'Donnell/ This is called tweaking Irvin. Pfab/ No it's called changing (can't hear). Lehman/ All right we're going to. Vanderhoef/ Alcohol done. Lehman/ Yea we're going to go for a drink. Pfab/ Drinks around. Lehman/All right let's take a break. Appointments Lehman/ Civil Service Commission, one appointment. We had two applications if I remember correctly, I may not remember correctly. James Anderlik has reapplied and he is currently serving an unexpired term. Champion/ I vote for him. O'Donnell/ I second it. Kanner/ Is he Civil? Lehman/ I don't know, I assume that he is. Kanner/ I'll vote for him. Lehman/ Are we in agreement that we will appoint James Anderlik for another term? O'Donnell/ Yes. A. Price Schedule: A holder of a liquor control license, wine permit or beer permit.shall maintain a written schedule of the price charged for any container of an alcoholic beverage, wine or beer to be served or offered for sale on the licensed premises. The schedule must include the size of the container and the amount of liquor; wine or beer contained,in each drink.. The schedule must state the calendar week or calendar weeks that it is 'effective. The price schedule must be on file with the City Clerk. Alcohol, wine or beer may..,not be sold or offered for sale unless the price schedule is posted and filed with the City Clerk: A schedule of prices must be in`effect for no less than a calendar week. A price schedule for any calendar week must be on file with the City Clerk before Noon on the Monday of the calendar week to be effective for that week. A price schedule may remain in effect for more than but not less than a; calendar week and must be in calendar week increments. The price schedule must be postedin the licensed establishment in clear view of Patrons of the establishment, including but not limited to at every entrance and at every bar or service location. B. Unlawful: It shall be unlawful for a holder of a liquor control license, or wine permit or beer permit, or its employees or agents, to do any of the following: 1. Sell, offer to sell, advertise, dispense or serve for on premises consumption, two (2) or more servings of any alcoholic liquor, wine, or beer to any one person for the price of one such drink. 2. Sell, offer to sell, advertise, dispense or serve for on premises consumption an unlimited number of servings of alcoholic liquor, wine, or beer for a fixed price or an unlimited number of servings for free. 3 Fail to have"a price schedule posted as required herein. 4 Fail to have a price schedule`gn file-.W R 'e City Clerk as req+uiretl herein 5 Fail to have a price schedule on fife with tie xCity Clerk that is e forany, period, of time dunng which the licensed prerrnses is open for bdsmess 6 Sell, offer to sell, advertise) dispense oar serve for on =premes consumption-, any container, serving ordnnk-that isnot included onthe;establtst� ent�s posted price Sc edule. q 7 Sell, offer to sell, advertise', dispense,or serve _for on premises Yonumption any cdntamer serving or_drink that is not included on the: Price Schedurefiled vvith:tjiy Clfk` 8e11, offer. to sell; advertise; dispense or serve -for on :premises consumption any container serving or drink for a' price that is different from ,the price of the container,,.serving ,ordnnik sho_ wn on the:posted price chedule oron rfi l 'price°schedule fled wath tt a Cify C'ierk; 9. Increase the volume of alcoholic liquor contained in a drink, for on premises consumption, without proportionally increasing the price charged for such drink. 10. Dispense or serve for on premises consumption, more than two (2) containers of any alcoholic liquor, wine, or beer at any one time to any one person. 11. Encourage or permit any game or contest or tournament of any kind which involves drinking any alcoholic liquor, wine, or beer or the awarding of alcoholic liquor, wine, or beer as a prize. 12. Dispense, pour, or otherwise serve any alcoholic liquor, wine, or beer directly into a person's mouth. 13. For purposes of this section a "container' is a receptacle, such as a glass or a cup that holds a substance or substances. C. Exceptions: Nothing in subsection B of this section shall be construed to prohibit a holder of a liquor control license, or wine, or beer permit, or its employees or agents, from including servings or drinks of alcoholic liquor, wine, or beer as part of a hotel or motel package which includes overnight accommodations. (Ord. 03-4061, 2-4-2003) D. A person who violates the provisions of subsection B of this section is guilty of a simple misdemeanor punishable by a penalty of five hundred dollars ($500:00) 4. Adding a new subsection 4-5-9 entitled "Employee Consumption on premises of Employer". A. It shall be unlawful for any person, including but not limitedto a waiter, bartender, host, or server, to use or consume alcoholic beverages while working _on the premises of a licensed establishment. As used herein, "working" means providing services beneficial to the operation of a licensed establishment, and includes, but is not limited to times during which the person is scheduled to work or "on the clock." EXHIBIT January 5, 2009 City Council Work Session Page 35 look at. ��to 'asked for data. We're working, we're stepping into it, but /want to be able make aasoned proposal to you if we're going to ask for additio staffing. I don't feel like I ve the data or ... or understanding of how we deploy d what the needs are and when thAy.,are to be able to make those recommendations right now. Dilkes/ Okay. So, we're`still at the PAULA rate being used, um, the 1.0 per visit. More than that as being automatic "denial of renewal. Is there, are there. a'majority of you that want (mumbled) Bailey/ Are people interested in that? Champion/ I'm interested in it. Bailey/ Me too. Wilburn/ Yes. Hayek/ Yeah, I mean, I think there are two reasons that this piece of the proposal appeals to me. First, it's entirely reasonable to' expectt\that a law that's on the books already is not being time we walk into an establishment, and this doesn't violated more frequently than every t say you can't have any violations. It just means that the odds have to be less than 1.0 that when we come in, over the aggregate, you're going to have, uh, this kind of activity inside the establishment. Um, and I think the, second reason I like this, and it's something we talked about a few months ago, is that it allows the establishment to use their own best judgment and enactftheir own policies, and use their own resources to police themselves, and although it will require either maintenance of the resources we're bringing to bear on this now, or rrybe a slight increase, it doesn't requr\thhed of increase in resources from the Cit sperspective, that, uh, some of these osals might...might require of us.Cre es a bright line, tells us the bar, commus what we expect and...and you kno, lastly, these numbers tell me that the majur establishments, large and small, cjon't have an issue with this. They're alreadythemselves, and they don't have zeumbers that rise to the level of alarm. io And it was part of the whole deal when we didn't go to 21 t t they would have on n g to prevent this, and so I think it is up to them to contr what goes on in their establishment. And I ... I don't have any problems with it. I think it a good starting point. Bailey/ Okay. 11 Dilkes/ Okay. The price specials. What do you all think about that? Champion/ I think that's an administrative nightmare. (several talking) EXHIBIT Bailey/ I agree! Is there interest in pursuing this? This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of January 5, 2009. January 5, 2009 City Council Work Session Page 36 Champion/ We'd have to hire somebody to administrate it. Bailey/ That looks like interest. Wilburn/ I'm interested in pursuing what the Council may apparently be leaning towards, picking and sticking with, and there does not appear to be enough interest on Council to pursue this particular line so... Bailey/ My concern with it is it becomes a moving target, difficult to enforce, and we will be revisiting the ordinance constantly to, you know, I mean I think it's well written and seems to broadly address some of the issues, but I think it's been a challenge, even what we've had on the books. So... Wright/ It ... it is a challenge, although the ... from the research that I've done, which is somewhat limited, uh, it does seem that price specials and overconsumption frequently go hand-in- hand. (several commenting) Particularly price specials and DUI's going hand-in-hand. Uh, but ... I'm not sure we can make it stick. Correia/ (several talking) our current ordinance. There's a, it's not ... this restrictive or specific on price specials, but we do have... Dilkes/ No. Our current ordinance does not prohibit price specials. It prohibits certain types of specials, like two-for-one. Correia/ Right, okay, but... O'Donnell/ Happy hours. Karr/ It's more limiting to the... Dilkes/ No, it does not prohibit happy hours... O'Donnell/ That's traditionally the two-for-one. Karr/ It's ... it's the method by which it is distributed. It was originally presented that way, but after Council deliberation it was amended and ... watered down, if you will, to ... it's basically, uh, a two-for-one or limiting the ... the serving, uh, one drink per person, a pitcher of beer ... two per person, but a pitcher. You can't just sell multiple pitchers to one, to an individual. Those type of things. It did not regulate happy hour, um, in it's final sense. Dilkes/ It didn't regulate the price, and so the example I've given is that you ... you can't do a two- for-one, two beers for one, but you can reduce the price of each beer by half. And so I think ... I really do think that while the specials ordinance we have on th4 books kind of maybe has some fluff value or whatever. I think it's—it's very limited in its ability to This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of January 5, 2009. January 5, 2009 City Council Work Session Page 37 control, um, access to cheap alcohol. And so, um, I'm not saying that—that, I mean, that's just one of your factors that I think you need to weigh. Wilburn/ And there's a history on Council's past of not wishing to regulate prices, um, of alcohol. Lombardo/ Although I will say, um, when we met with Professor Goldman, um, who is a national expert on binge drinking, he did say that price is a factor. (several talking) Wilburn/ And that's part of information that Councils past have been presented, but, uh, as a whole, a majority of Councils past have not, just for your information, have not had an interest in regulating, despite that information having been presented. Champion/ I just wish there was some one -sentence rule we could have that was effective. Wright/ I'm sorry, Connie. (several talking) Bailey/ She wants a one -sentence ordinance. Correia/ Well, and that would be that wholesale, right, but that we (several talking) Dilkes/ We can do a one -sentence ordinance, and ... and uh, you know, there—we have a lot of ordinances on the books that are there with the hope that people will enforce, will do self - enforcement. And, um, so we can do that. But I don't ... I don't think that we'd probably do a lot of targeted enforcement, but at the same time if we think that there's a particular problem place, we can do the enforcement. Champion/ Well, I think a lot of times bars are selling alcohol so cheap. It's cheaper than Iowa City water to drink, and ... and it bothers me the price is so cheap, uh, beers and dollar shots and all that, and maybe I could be way off base, but it seems to me they're selling below wholesale because they're bringing the money in at the door. Wright/ You mean, with a cover charge. Correia/ Can we limit cover charges? (several talking) Wright/ That's another concern. You can drop the price of alcohol low and make up for it with your cover. Correia/ Can we drop the cover price? Champion/ Also, dram insurance in Iowa is based on your alcohol retail sales. I think I'm right about that. Am I right about that? (several talking) Dilkes/ I'm sorry. What was the question? Hayek/ Dram ... dram shop insurance. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of January 5, 2009. January 5, 2009 City Council Work Session Page 38 Champion/ Is dram shop insurance based on your retail liquor sales, and not wholesale? So, another reason to sell ... is that true? Bar owners are... Dilkes/ I don't ... I don't know what the dram shop rates are based on. Do you know what they're based on? Bailey/ So, price specials... we're not (several talking) O'Donnell/ ...doesn't sound like we can control. (several talking) Correia/ Well, if there are things like, so if—there are other ordinances like the sidewalk ordinance that is enforced by complaint basis. I mean, having an ordinance that was, that said, you know, can't sell below wholesale cost, I mean, that would allow there to be community, we'll just say, oversight, so if there's a community group that's particularly concerned about this, they could do the research and then say, you know. Dilkes/ The problem is, is that I ... 1,1 think we've created expectations with the existing specials' ordinance that are not realistic expectations, that they are, you know, we've had a number of questions from ... from bar owners about specials that are being offered by... Bailey/ Competitors. Dilkes/ Their competitors, and we have looked at those and we've said, No, we don't think that violates our existing ordinance,' and we have taken at times some flack for that, and so I don't want to create another ordinance that, I mean, ideally ... yes, you hope for self - enforcement, but we would like to be able to prosecute it and win, if we do charge it, um, and I think under the existing proposal that I've given you, we can do that, and I'm not wild about creating an ordinance that we can't do that with. But you sure can try it! Wilburn/ We had the example of, uh, in a similar vane, I believe ... one went to court with, uh, the definition of, uh, of serving. It took quite a bit of staff time and we were on the losing end of that. Dilkes/ Right. Karr/ And we created an amendment based on that decision. Dilkes/ We amended it and we ... to a container, but it's got to be tight or there's going to be a lot of... Karr/ Creativity. Wright/ (several commenting) You think this is tight enough to catch a lot of the creativity? Dilkes/ I ... I think it's a good start. This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of January 5, 2009. January 5, 2009 City Council Work Session Page 39 Wright/ I have one other question on this. When you were talking about it, did you discuss exempting restaurants from the price specials? Champion/ Cause they don't do it anyway. Wright/ Pardon me? Champion/ They don't do it anyway. Wright/ Well, I'm thinking like the 126 has half-price wine bottles on Monday night. Champion/ Right, right. (several talking) They do. Wright/ It is a drink special. Bailey/ It is. Dilkes/ Yes, we did, and we rejected it. Wright/ Because... Dilkes/ Because ... I think any time you approach the restaurant/bar distinction as you will hear in the discussion about zoning (laughter) it's just full of difficulties. Karr/ There are very few restaurants, full-service restaurants, that do not provide alcohol on their menu, which is very different than a decade or two ago when a restaurant could exist without, uh, as much, uh, emphasis on alcohol. Now the culture has just developed for a full-service menu includes ... so that it's blurred definitely the definitions of restaurant and bar. And we felt in our discussion it was easier to be consistent across the board than to, um, open that door of the restaurant and bar, or to, uh, get into a container or, uh, you know, a carafe of this size is fine, if it's filled with wine, but it's not fine if it's filled with... Champion/ Bourbon. Karr/ Bourbon, thank you. We just didn't.. . Champion/ Well ... I really have to think about this one. Bailey/ Matt, did you... Hayek/ My sense is that staff, uh, spent a good deal of time trying, and they did as good a job as anybody could expect, to finesse a patchwork of...of yes's, no's, do's, don'ts as they relate to price specials, and that's what we have before us, and... and further I suspect that if this group were to try to go through that and decide which price special details, uh, are This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of January 5, 2009. January 5, 2009 City Council Work Session Page 40 acceptable and which ones aren't and which ones, uh, are fair and which ones unnecessarily throw the baby out with the bath water, um, all that combined tells me ... I think price specials is, would be an enforcement nightmare, my personal opinion on it, and I don't know that we've got the resources to do this. Uh, we're, we're going to have some budget talks shortly, and I think we're going to see some sobering numbers, um, pardon the pun. Um, and uh, boy, I don't know how you do this without dedicating unbelievable resources (noise on mic). Not to mention ... oh, go ahead. Correia/ Oh, well and so, Marian gave us a memo, outlining the resources... what you estimated the time would be to process, so 107 alcohol license holders, process of price specials would be three hours a month. Karr/ Those are estimates. Correia/ Correct. Hayek/ Well, that's just processing faxes we get and emails we get with price (mumbled), right? Karr/ And we didn't know out of those 107 establishments how many of those establishments would bring in something every seven days, or bring in one thing that would be good for six months. Or 12 months. We don't ... we don't know. We simply... Dilkes/ I mean, you have to expect that there's going to be a whole market reaction to this thing, that we don't... (several talking) know what that might be. Karr/ We also know that there will also be a great deal of interaction, people coming in and asking to see competitor's lists, which are all public information. So, there's going to be a lot of (laughter and several talking) because we already have that in other industries. For instance, with our taxicabs with our rate cards. We have a lot of that. So we also anticipate that, as well. Bailey/ (several talking) Are there four who are interested in pursuing and proceeding with the prohibition of price specials? We have the ordinance here. Let's just bring this ... one! Are there four? That's the magic number here. Wright/ I don't think we have four. Bailey/ Okay. Let's move on then. Consumption by employees. Champion/ I totally support that. Wilburn/ I'd like to ask Sam a question, um, if you have any, or have heard any experiences related to this one. Um ... if I kind of look at the root of what through all of this we're trying to accomplish, this gets at, uh, a behavior or judgment that may result in, um, someone who is a minor being served, or someone who is intoxicated being served, and um, but there's a...there's a, there's other factors that go into, I mean, some of it is ... is a This represents only a reasonably accurate transcription of the Iowa City City Council regular work session meeting of January 5, 2009. Item Number: 9. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org March 7, 2019 Memo from Transportation Planner, City Engineer, Senior Civil Engineer: Mormon Trek Boulevard Four -Lane to Three -Lane Conversion ATTACHMENTS: Description Memo from Transportation Planner, City Engineer, Senior Civil Engineer: Mormon Trek Boulevard Four -Lane to Three -Lane Conversion I„�„.�, CITY OF IOWA CITY MEMORANDUM Date: March 6, 2019 To: Geoff Fruin, City Manager From: Kent Ralston; Transportation Planner Jason Havel; City Engineer Scott Sovers; Senior Civil Engineer Re: Mormon Trek Boulevard Four -Lane to Three -Lane Conversion Introduction: The City plans to complete a capital improvement project on Mormon Trek Boulevard this spring. The Mormon Trek Boulevard Four Lane to Three Lane Conversion and Lighting Improvements Project began last fall and generally includes pavement patching, ADA curb ramp replacement, traffic signal equipment replacement, overhead streetlight replacement (Melrose Avenue north to the Iowa Interstate Railroad Viaduct), addition of a dedicated northbound right -turn lane at Benton Street, and new pavement markings whereby a four -lane to three -lane conversion or "road diet" will be implemented. The full project limits are between Highway 1 and the Iowa Interstate Railroad Viaduct with the four -lane to three -lane lane conversion only planned between Westside Drive and Petsel Place. Although the project started last fall, the new four -lane to three -lane lane pavement markings have not yet been installed. The proposed conversion has been the topic of much correspondence received by the City Council and staff in recent weeks. History/Background: In the past decade, a growing body of research has found that converting four -lane undivided roadways to three lanes, one in each direction and a two-way center left turn lane, can greatly improve traffic safety while maintaining an acceptable level of service for motorists. Recently, the City has observed success with the conversion of a portion of Lower Muscatine Road from a four - lane section to a three -lane section between Deforest Avenue and First Avenue, and on First Avenue between Bradford Drive and Hwy 6. The validity of the four -lane to three -lane project on Mormon Trek Boulevard was confirmed by the receipt of a Traffic Safety Improvement Program (TSIP) grant awarded by the Iowa DOT in 2015 — where only road diet projects showing high benefit/cost ratios are considered for funding. Furthermore, the City hired a consultant (Snyder and Associates), whose study (completed in July 2016) reconfirmed the validity of the project. In recent weeks, there have been a number of questions raised about the four -lane to three -lane lane conversion both by residents as well as City Council members at the February 19 work session. The following are several of the questions raised with associated clarifications: 1. Question: Was the data used by the consultant collected when the University of Iowa was in session? Answer: Yes, the date the data was collected to validate previous counts was misrepresented as January 12, 2016 in the consultant study. The actual date the data was collected was January 21, 2016 when both Iowa City public schools and the University of Iowa were in session (Attachment A). Furthermore, the remaining data used by the consultant was collected by City staff on various dates with an effort to collect when both Iowa City public schools and the University of Iowa were in session. 2. Question: Has there been a reduction in total vehicle collisions in recent years on Mormon Trek Boulevard? Answer: No, the trend of total number of vehicle collisions has remained relatively constant since the inception of the project (Attachment B). 3. Question: Has there been an increase in average daily traffic volumes in recent years on Mormon Trek Boulevard? Answer: No, the average daily traffic volumes have either declined or remained relatively constant over the last decade and are well within the threshold for a four -lane to three -lane conversion. The most recent traffic count taken by the DOT in 2018 shows an annual average daily traffic (AADT) count near Rohret Road at approximately 10,500 vehicles per day. The Federal Highway Administration advises that roadways with average daily traffic of 20,000 or less may be good candidates for a road diet. The 2018 DOT count was taken in summer months but is adjusted by the DOT to approximate the average daily traffic throughout the year. This process of `annualizing' data is intended to more accurately reflect the AADT on roadways accounting for seasonal variations in traffic counts. The expansion factors used by the DOT are derived from 144 permanently installed traffic counters throughout the State. 4. Question: Will the project increase vehicle delay when traveling the corridor? Answer: Additional delay for vehicles is expected to be minor - in the magnitude of one minute or less if traveling the entire corridor. The speed limit will remain posted at 35 mph and modeling shows that the overall level -of -service throughout the corridor will change very little and remains acceptable by standards the City uses to evaluate intersections/corridors. Furthermore, the modeling conducted shows that level -of -service should remain acceptable until 2040 based on historic traffic growth patterns. 5. Question: Has thought been given to the potential for traffic being diverted to other corridors (i.e. Shannon Drive and Dublin Drive) as a result of the four -lane to three -lane conversion? Answer: Yes, however, because the capacity of Mormon Trek Boulevard after the four -lane to three -lane conversion will be nearly the same as capacity today, traffic diversion should be minimal. Staff intends to collect traffic data in the Shannon Drive and Dublin Drive corridors both before and after project completion to monitor any adverse effects. 6. Question: What is the primary objective of the four -lane to three -lane conversion? Answer: The primary objective of the four -lane to three -lane conversion is to reduce the number and severity of collisions in the corridor. Additional benefits include the implementation of buffered bike lanes in the corridor. 7. Question: How much will the project cost? Answer: While the bid price for the project was approximately $1,500,000, the total project cost could be in excess of this amount due to the addition of roadway lighting replacement north of Melrose Avenue. The pavement markings necessary for the four -lane to three -lane conversion are approximately $30,000. Additionally, the roadway is scheduled to be restriped in the spring as a part of regular maintenance regardless of the project. 8. Question: How will the success of the four -lane to three -lane restriping be measured? Answer: The success of the project will be measured by a reduction in number and severity of collisions and by maintaining adequate intersection level -of -service for vehicles/pedestrians. Staff will collect and monitor post -project data and will communicate findings with the City Manager. Discussion of Solutions: Implementing the four -lane to three -lane conversion on Mormon Trek Boulevard is the most efficient way to provide refuge for left -turning motorists and thereby reduce the overall number and severity of collisions without major reconstruction efforts. Additionally, while not the primary objective of the conversion; much anticipated buffered bike lanes will also be provided as part of the pavement restriping. In the event that the analyses completed for the four -lane to three -lane conversion are incorrect, the corridor could be restriped back to a four -lane undivided roadway if necessary. The restriping could be part of the annual pavement marking program and the financial cost to the City would be minimal. Staff intends to monitor the effects of the conversion and will alert the City Manager in the event that the project is not performing as anticipated. Attachment A S oens & a6.3 a c iaft.3 Mormon Trek Blvd 2727 Snyder Blvd. Ankeny, Iowa, 50023 Mormon Trek Blvd and Cameron Way File Name : Mormon Trek and Cameron Way 160121 Iowa City, IA Site Cede Iowa City 4 to 3 lane recontiguraticn Star[ Date : 1121/2016 Walden Sq Page No :1 Mormon Trek Blvd CameronWay Mannon Trek 91vd Walden Sq SB WB NB EB Start Time Left Thru I Rk0t I Pew T� Left Thru FPo m Ped% T. Left Thru I RwT—Ped� Left Thru I Right I Leda T— r i -,W 137:1313 AM 1 48 8 0 57 13 13 1 0 1 4 IN 13 d 106 9 0 3 0 12 178 137:15 AM 1 00 5 0 00 1 13 4 1 6 3 151 d 0 154 7 0 5 1 13 239 137313 AM 1 80 12 093 1 0 8 0 9 5 230 0 0 235 10 0 3 0 13 350 07:45 AM 1 104 14 0 119 1 1 5 0 7 4 174 0 0 176 10 1 3 0 14 318 Total 4 292 39 0 335 3 1 18 1 23 18 659 13 0 875 38 1 14 1 52 1065 OB:00 AM 0 91 13 0 104 0 2 3 0 5 5 103 1 1 110 10 0 0 0 10 235 OB:15 AM 3 09 18 1 89 1 0 4 0 5 0 102 1 0 109 4 1 9 1 15 218 06.30 AM 1 88 12 0 99 0 0 1 0 1 8 129 a a 135 10 1 4 0 15 250 136:45 AM 0 96 18 0 1133 1 1 1 0 3 7 130 1 0 144 13 0 9 1 23 273 Total 4 331 59 1 395 2 3 9 0 14 24 470 3 1 49B 37 2 28 2 69 970 139-00 AM 0 08 12 0 80 0 0 3 0 3 2 103 0 0 105 18 0 3 1 20 208 139:15 AM 0 Sir 11 0 70 13 1 2 0 3 8 68 13 0 96 12 3 4 0 19 168 139:30 AM 0 76 10 0 60 13 13 12 3 10 07 13 0 77 12 0 8 0 20 1130 09:45 AM 0 72 13 0 65 0 1 1 0 2 4 62 0 0 86 12 0 7 0 19 192 Total 0 275 40 0 321 0 2 7 2 11 24 340 0 0 W41 52 3 22 1 78 774 113:130 AM 0 74 22 0 90 0 0 1 2 3 4 62 1 1 813 13 0 7 0 213 207 10:15 AM 1 00 10 1 78 0 1 0 1 2 4 62 0 0 813 15 0 8 4 27 193 10.30 AM 1 76 18 0 95 1 0 1 0 2 7 69 0 0 96 9 2 8 1 20 213 Total 3 275 73 1 352 2 2 5 3 12 23 335 2 1 381 52 2 33 7 04 819 11:00 AM 1 85 20 0 100 0 0 1 0 1 5 60 0 0 85 12 0 7 1 20 212 11:15 AM 2 78 21 0 99 0 0 0 1 1 3 110 0 0 113 17 0 7 2 20 239 11:30 AM 1 89 18 0 108 0 0 1 0 1 11 101 o a 112 12 0 17 2 31 252 Total 6 303 79 0 448 0 0 4 1 5 28 390 0 0 4241 58 0 37 5 98 975 12-1313 PM 2 115 21 0 138 0 0 0 1 1 7 60 0 0 03 17 2 17 0 30 268 12:15 PM 2 98 10 0 110 13 13 0 1 1 4 70 o a 80 25 2 12 2 41 238 12:30 PM 3 83 10 3 105 0 0 2 2 4 0 103 0 0 109 21 0 10 1 32 250 12:45 PM - 98 38 1 137 0 0 1 0 1 8 103 0 0 111 14 0 12 0 20 275 Total 394 91 4 498 0 a 3 4 7 25 368 13 13 3031 77 4 51 3 135 1031 131:1313 PM : 99 27 1 127 a a 3 0 3 7 64 13 1 92 20 0 10 0 30 258 01:15 PM 1 99 22 0 122 0 0 1 1 2 8 64 d 0 92 21 0 12 0 33 249 131:313 PM 1 94 22 0 117 a a 1 1 2 9 61 0 a 90 10 0 18 0 28 237 131:45 PM 0 1131 25 2 128 0 0 0 0 0 a 94 0 a 100 13 0 8 0 21 249 Total 2 393 90 3 494 a a 5 2 7 30 343 a 1 3741 64 0 54 13 118 993 02-00 PM D 90 24 0 114 0 0 1 0 1 0 114 0 11 120 18 0 13 0 29 264 02:15 PM 5 128 20 0 159 1 2 3 0 8 3 61 a 13 84 20 0 13 0 33 262 02.313 PM 2 123 23 1 149 1 0 1 0 2 7 93 1 13 101 24 1 7 2 34 2130 02:45 PM 3 129 13 0 145 0 0 2 0 2 d ME! 0 0 114 17 2 13 0 32 293 Total 10 470 80 1 567 2 2 7 0 11 22 390 1 0 419 77 3 48 2 128 1125 133:1313 PM 2 128 25 a 155 a a 2 1 3 0 112 13 13 110 21 0 15 0 30 312 0315 PM 1 119 18 0 138 0 0 5 0 5 10 113 0 0 123 18 1 11 0 28 294 03:30 PM 4 115 20 3 148 0 0 1 1 2 10 119 0 0 129 11 0 14 0 25 304 133:45 PM 3 139 34 1 177 0 1 2 0 3 0 107 1 13 114 32 0 11 1 44 338 Total 10 501 103 4 618 13 1 10 2 13 32 451 1 0 4S41 80 1 51 1 133 1248 04 00 PM 1 124 30 2 157 0 2 1 1 4 4 112 0 0 116 20 0 10 0 30 307 04 15 PM 3 142 21 0 160 0 1 3 0 4 12 90 0 0 108 20 1 10 0 31 309 134 313 PM 3 132 29 0 164 3 1 1 1 8 3 109 a 13 112 18 2 11 0 31 313 134.45 PM 4 149 42 1 190 a 2 0 0 2 9 145 a 0 154 20 1 17 3 41 393 Total 11 547 122 3 663 3 6 5 2 18 28 462 0 0 4901 78 4 48 3 133 1322 SaVille v & aLi 6 aCiater3 �AVVLF w .FSJL•.A... 2727 Snyder Blvd. Ankeny, Iowa. 50423 Mormon Trek Blvd and Cameron Way File Name : Mormon Trek and Cameron Way 160121 Iowa City, IA Site Code : Iowa City 4 to 3 lane reconfiguration Start Date : 1121/2016 Page No : 2 [mains Pint --t- C:.arc+- H- Vahird- Peak Hour Count Date Intersection AM Peak Count Mormon Trek Blvd Melrose Ave 9/20/2010 C:arneron Way Bartelt Rd North 3/22/2012 Mwmw Trek Blvd MacBride Dr 3/22/2012 Walden Sq Bartelt Rd South 4/=1/2012 4/18/2012 Cameron Way / Walden Scl 1/21/2016 SB Westwinds Dr 6/9/2012 7/18/2012 Benton St WB 3/27/2013 Walden Rd 3/27/2012 4/4/2012 NB 2/12/2013 3/4/2014 Abbey Ln / Rushmore Dr 3/27/2012 EB Westside Dr East 11/18/2014 10/15/2008 Start Time Left Thu R t wear , -- Left Thu I futo I Peds I Left Tlru I Rim I Peas I Left Thing I wit I PeasTA. Tm in -aw 05:DD PM 3 181 33 0 217 3 2 6 3 14 6 128 2 0 136 25 2 19 2 45 412 05:15 I'M 3 172 40 0 215 0 D 1 1 2 4 127 2 D 133 30 1 26 1 58 4D8 05:3(1 PM 2 129 37 1 169 0 0 3 0 3 4 123 1 0 12B 17 2 5 2 26 329 05:45 PM 0 177 24 0 201 11 1 2 1 4 9 111 0 0 120 21 0 8 0 29 354 Taal 8 659 134 1 802 3 3 12 5 23 23 469 5 0 517 93 5 55 5 158 1500 D6:DD PM 2 144 20 0 166 (1 0 1 0 1 11 136 0 1 1013 12 0 10 0 22 297 D5:15 PM 3 194 25 0 132 11 3 2 1 8 12 139 0 11 101 14 1 11 0 26 285 D6:30 PM 0 99 17 0 116 11 0 1 12 4 06 2 11 101 9 0 9 0 18 237 06:45 PM 1 106 11 0 118 0 1 0 0 1 1 69 0 0 9111 0 5 0 22 231 Total 6 453 73 0 532 (1 4 4 2 10 28 389 2 1 4001 52 1 35 D 138 1030 07:DD PM 2 105 14 1 122 0 0 1 0 1 6 63 0 0139 11 2 7 0 20 212 07:15 PM 0 80 10 0 90 0 0 D 0 0 8 59 1 0 613 14 0 6 0 20 178 07:30 PM 2 69 14 0 135 0 0 0 0 0 4 51 1 0 M 12 18 0 21 162 07:45 PM 1 75 13 0 139 0 0 1 0 1 2 44 0 0 46 4 0 10 0 14 150 Total 5 329 51 1 31315 (1 (1 2 0 2 20 217 2 0 239 1 41 3 31 0 75 702 Grand Total 78 5282 1,D152 19 6429 15 24 91 24 154 323 5295 16 4 5638 795 29 505 30 1359 13580 Approh % 1.2 82.2 16.4 0.3 9.7 15.6 59.1 15.6 5.7 93.9 0.3 0.1 58.5 2.1 37.2 2.2 Total % 0.6 38.9 7.7 D.1 47.3 0.1 112 11_7 0.2 1.1 2.4 39 0.1 0 41.5 5.9 0.2 3.7 0.2 10 Cars+ 74 5133 1847 17 6271 12 24 89 24 149 319 5EaQ 16 4 5539 786 29 501 30 1346 13305 % Cars+ 97.4 97.2 99.5 89.5 97.5 130 100 97_B 100 96.3 98.8 98.2 100 100 08-2 98.9 100 992 100 99 138 rwm• wnwr 2 149 5 2 158 3 0 2 0 5 4 05 0 0 99 9 0 4 0 13 275 r n.- - 2.6 2.8 0.5 10.5 2.5 211 0 22 0 3.2 1.2 1.8 D D 1.13 1.1 0 0.8 0 1 2 Peak Hour Count Date Intersection AM Peak Count PM Peak Count Melrose Ave 9/20/2010 9/20/2010 Bartelt Rd North 3/22/2012 4/11/2012 MacBride Dr 3/22/2012 4/11/2012 Bartelt Rd South 4/=1/2012 4/18/2012 Cameron Way / Walden Scl 1/21/2016 1/21/2016 Westwinds Dr 6/9/2012 7/18/2012 Benton St 3/28/2013 3/27/2013 Walden Rd 3/27/2012 4/4/2012 Cae Dr / Rohret Rd 2/12/2013 3/4/2014 Abbey Ln / Rushmore Dr 3/27/2012 4/18/2012 Westside Dr East 11/18/2014 10/15/2008 Iowa Hwy 1 7/31/2014 7/31/2014 Justin Jackson, P.E. Traffic Engineer SNYDER & ASSOCIATES. INC. Attachment B "s. 1-cludes c.c.isiens kee:aen Jaraay 1 and February M ^Stadq area =- ", --:n Trek B'' ae7neen Patel Place and Yde-ic ie='•••;a As shown �n tie abc,a t ble. there've been 272 collisions!:r-t%%veen 20'0 and February 2019. This averages out tc aprroximate v 2 5 i:.o sicrs per r-Icr:h. Cr a:erare: -he Ira.c,it! of ,:o sicrs :re -1-it ear -end ccllis rrs -o cried':; !:rcarlsi: e ccllisions. A.p;-rcxilratel•i 25% r- collisions cc�Jrr=d nr-r the irterse,-:ior :=itn Benton Street. ',Ter co -spar i-- -1 -e .ea,s :::h '2 ri rths cf da --a :2C13-2018). tie r1�"nl:er of c-llisions ;:er _,s-ar is fair; consapp,oximately K' I:er'•,ear. The table below shows that approximately 76% of collisions resulted in property damage only followed by possible/ unknown severity. The total property damage of all collisions equals $1,459,557 with an average of $5,366 per collision. Item Number: 10. + r , • yyrrmr�� CITY OE IOWA CITY www.icgov.org March 7, 2019 Climate Action Advisory Board: Quarterly Report to Council ATTACHMENTS: Description Climate Action Advisory Board: Quarterly Report to Council Iowa City Climate Action Advisory Board Quarterly Report to City Council March 4, 2019 Board Members: Co -Chair - Ingrid Anderson, Environmental Compliance Specialist, University of Iowa Co -Chair - Matt Krieger, Architect, Neumann Monson Architects Secretary - Katie Sarsfield, Site Engineering Leader, Procter & Gamble Oral Care Jennifer Banta, VP Advocacy & External Affairs, Iowa City Area Chamber of Commerce Eden DeWald, Student, University of Iowa John Fraser, Management Consultant GT Karr, Greater Iowa City Homebuilders Association Jesse Leckband, Senior Environmental Analyst, MidAmerican Energy Liz Maas, Assistant Professor, Kirkwood Community College Brenda Nations, Sustainability Coordinator, City of Iowa City Martha Norbeck, Owner and Architect, C -Wise Design and Consulting Eric Tate, Assistant Professor, University of Iowa 2019 Q1 Summary: 1. Quarterly Report Process The Climate Action Advisory Board voted in January 2019 on a communications plan to update the Iowa City City Council regularly on the progress of its actions. It was decided quarterly reports, provided in written form and presented during a regular city council meeting, would be an acceptable format and frequency for reporting the work of the board. 2. General Items Formation. The Iowa City Climate Action Advisory Board formed in October 2018 by the former members of the Iowa City Climate Action Steering Committee. That committee was dissolved per the terms of the original city council action that formed it when the city council adopted the Iowa City Climate Action Plan on September 18, 2018. Board Meetings. The advisory board meets monthly as a full board to discuss progress on the actions outlined in the Climate Action Plan. Working Groups. In November 2019, the advisory board formed four working groups to focus on the priorities outlined in the report delivered to the city council in September 2018. The priorities are actions within the Climate Action Plan that impact Buildings, Transportation, and Communications. Another working group was added to provide focus on social equity, a cross -cutting impact on all the board's work. • The Buildings Working Group was tasked with developing programs focused on building energy efficiency at the residential and commercial scales. • The Transportation Working Group was tasked with developing programs focused on community -wide sustainable transportation opportunities. • The Communications Working Group supports all other efforts by the board and its other working groups. It was tasked with developing overall strategy for communications including community outreach, public awareness and education. • The Equity Working Group is focused on developing tools for and reviewing the proposals of the other working groups to better understand the impact that specific projects and initiatives have on the wide array of populations in our community. They are also working with the Communications Working Group on outreach to engage community members that can participate in and provide diverse perspectives on the board's proposals while in development rather than simply during implementation. 3. Working Group Reports Buildings Working Group The working group decided to first provide support and inspiration for the creation and development of a Johnson County Energy District (JCED). Modeled after the Winneshiek County Energy District, the JCED organizing group is independent and separate from the Iowa City Climate Action Advisory Board but is receiving support from two members of the board's Buildings Working Group. The JCED organizing members hosted an informational meeting with potential community partners and stakeholders. Energy districts are county -level organizations led by a citizen's board that organizes public-private partnerships in support of clean energy transition in the rural and urban building stock. They provide technical assistance, community engagement, market transformation, and policy advocacy. Their priorities include energy efficiency upgrades, renewable energy installations, and training and certification of local contractors. The Buildings Working Group has also begun engaging local building officials at the City of Iowa City and Johnson County to discuss building energy codes and enforcement options. Transportation Working Group The working group is currently focused on supporting the efforts of Iowa City staff on the City's recent projects. The City of Iowa City recently applied for a grant to work on electric vehicle (EV) infrastructure in coordination with regional partners in eastern Iowa. A community bikeshare program will be launched this Spring. A study will also soon be conducted on local public transit options. Communications Working Group The working group has been working to identify potential community outreach partners with which to begin engaging and building relationships. The goals are to build awareness of the climate action plan, align with goals of the organizations, and identify projects and initiatives for further development with the other working groups. The working group has also begun hosting presentations in the community to build greater public awareness about the climate action plan and recruit volunteers to assist in future efforts. The working group has started development on a community climate action festival. This project is in the concept phase and ideas are still being generated. The goal is to build public awareness and acceptance of climate action, educate the masses, and celebrate the actions of our community partners and projects. Equity Working Group The working group has primarily been focused on the use of the Iowa City Equity Toolkit and development of mapping tools for assessments of working group programs currently in development. The working group will also be working with the new temporary Equity Fellow position at the City of Iowa City, which was recently created after receiving grant funding. 4. Call to Action The Iowa City Climate Action Advisory Board is a community-based citizen committee assisting with the implementation of the actions identified in the Iowa City Climate Action Plan. A small community board cannot, by itself, tackle such a broach issue within our community. We encourage others in the community to join us in our work and the priorities identified above, participate in a working group, and develop partnerships with others in the community to broaden the positive impact on our efforts to reduce greenhouse gas emissions in our community. Item Number: 11. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org March 7, 2019 Email from U. of I. Student Liaison: Lease Disclosure Change Proposal ATTACHMENTS: Description Falai irorrl u. of I. Student Liaison: Lease Disclosure Change Proposal Kellie Fruehling From: Stewart, Gustave <gustave-stewart@uiowa.edu> Sent: Wednesday, March 06, 2019 12:17 PM To: Council Cc: Wu, Austin Subject: Lease Disclosure Change Proposal Attachments: Lease Disclosure Change Proposal.pdf Dear City Council, As you all may remember, UISG proposed the idea of a housing information packet in the fall. Based on conversations with staff, we provided a modified proposal. We look forward to discussing this item at city council next Tuesday. If you have any questions, you can let us know. Here is the current Informational Disclosure and Acknowledgment Form that is mentioned in the proposal: https://www.iowa-city.org/weblink/0/doc/1474012/Electronic.aspx Thanks a bunch, Gustave Stewart (he/him/his) Political Science & Economics I University of Iowa '19 City Liaison I UI Student Government gustave-stewart@uiowa.edu mM�dr� ArbLt �m.ail y CITY OF IOWA CITY Informational Disclosure and Acknowledgment form (rev. 10/18) City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 Call Housing and Inspection Services with questions at 319-356-5130 www.ic og v.or /hag Note: All information must be entered on form. "See Lease" entries are not acceptable. Unit Address 2. City Website. The website for the City of Iowa City is www.ic og vorg and provides extensive information about the City of Iowa City and its services. To access information concerning the Department of Housing and Inspection Services, including the Rental Housing Inspection Division, visit www.ic og v_or /housing. To access the City Code, visit www.icgov.org/CityCode. 3. Occupancy. The number of occupants/tenants is limited by the number of off-street parking and floor area. Please contact Senior Housing Inspector at 319-356-5135 for more information on the maximum occupancy of this rental unit. The undersigned acknowledge that they are responsible for complying with the maximum occupancy limits prescribed by the City Code and that violation of the maximum occupancy limits can result in a fine to the owner, operator, and/or tenant. Nothing in this document prevents an owner or operator from limiting the number of tenants in a dwelling unit to less than the maximum allowable occupancy permitted by the City Code. 4. Tenants. The names of the tenants, including those under 18 years of age, who may occupy this unit: Name of Tenant Name of Tenant 5. Sleepiniz Rooms. Basements, attics, and other rooms cannot be used as sleeping rooms if they do not comply with requirements for windows, exits, square footage, and other Housing Code requirements. Basement is: Habitable Non -Habitable Attic is: Habitable Non -Habitable 6. Trash/Recycling. Complete this only if this unit has four (4) dwelling units or less. Trash and recycling pickup for this unit is (day of the week). City Code section 16-311-91) provides that garbage receptacles can be brought to the curb after 3 p.m. the day before pickup and must be brought back to the property on the same day as collection. City Code section 16-3H-8 provides that owners shall supply approved containers and covers. Each unit can place up to two 35 -gallon containers for pickup, and the containers must be stored (when not at the curb for collection) at an approved location (sideyard or backyard). Additional garbage or oversized garbage can be picked up for an additional charge. Contact 319-356-5180 for specifics on those charges. A City supplied recycling container or other approved container shall be used for recycling. Recycling information is available online at wwwjcgov.org/recycling. Curbside composting of organic material (food waste and yard waste) is available. To learn more about these services, view www.ic og vorg/foodwaste or call 319-356- 5180. Parking. We acknowledge that we cannot park on the grass or across the public sidewalk and that the Landlord provides off-street paved parking spaces or other parking areas as approved by the City. Noise/Disorderly House. It is a simple misdemeanor (punishable with a fine of $65 to $625 plus surcharge and court costs) to keep a "disorderly house." Under Iowa City City Code section 8-5-5, a "disorderly house" is: No person shall permit or suffer to continue, without taking legal steps to prevent the same, any quarreling, fight, disorderly conduct, or other conduct or condition that threatens injury to person or damage, or loud, raucous, disagreeable noises to the disturbance of the neighborhood, or to the disturbance of theeg neral ublic, upon a premises owned by the person or in the person's possession. For purposes of this Section, "to the disturbance of the general public" includes the disturbance of persons beyond the subject premises and/or to the disturbance of person upon public places, including peace officers. 9. Snow and Grass. City Code section 16 -1A -8A provides that snow must be removed within 24 hours of a 1 -inch snowfall and section 6-3-2 provides that lawns/grass/weeds cannot exceed 10 inches in height. Pursuant to the lease, we acknowledge that the Tenant/Landlord (cross out one) is responsible for snow removal and the Tenant/Landlord (cross out one) is responsible for mowing the grass. Regardless of the agreement between the landlord and the tenant, the City Code provides that the City may hold the owner, operator, or tenant ultimately responsible, and violation of either section noted above can result in a fine of $250.00 for the first violation and/or the City mowing the grass/shoveling the snow and assessing the cost of doing so to the property owner. 10. Neighborhood Services Coordinator. Iowa City has a neighborhood services coordinator. For more information, call 319-356-5237 or visit www.icgov.or../�ghborhoodservices, 11. State Law. The Iowa Uniform Residential Landlord and Tenant Act (Iowa Code Chapter 562A) can be found at the Iowa City Public Library and can be found at www.legis.iowa.gov. 12. Rental Deposits. The Iowa law on rental deposits can be found at Section562A.12 of the Iowa Code. The landlord has the right to withhold from the rental deposit (also called the security deposit) such amounts as are reasonably necessary to restore the premises to the condition at the commencement of the tenancy, ordinary wear and tear excepted. The tenants need to provide the landlord with the tenant's mailing address or delivery instructions for return of the rental deposit. Additional information related to leases, move -in, move -out, and checklist may be found at http:Hweb.offcampuspartners.com/116/resource/iowa/?p=tenant 13. Floodplain. A floodplain map is available to show whether this rental unit is in a floodplain. To access the map, go to hqp://bit.ly/2CTwFnE FloodplainRentals We, the undersigned, have read the Informational Disclosure and Acknowledgment form and completed the blanks to the best of our knowledge. Landlord: Date: Tenant: Date: Tenant: Date: Tenant: Date: Tenant: Date: Tenant: Date: **Note** All tenants, except minor children of tenants, must sign this form even if they have an oral rental agreement. Lease Disclosure Change Proposal University of Iowa Student Government (UISG) March 2019 Background for Lease Informational Disclosure and Acknowledgment Form The City of Iowa City adopted the Lease Information Disclosure and Acknowledgment Form in 2002. It currently includes information regarding maximum occupancy limits, identification of non habitable spaces, parking, trash/recycling, city website, where to locate Iowa Residential Tenant Law, responsibility of snow/lawn, rental deposits, and other items. According to the city ordinance, in the beginning of lease agreements, the owner or operator and all tenants must fill out this form. Additionally, the owner or operator must provide a photocopy of the executed informational disclosure and acknowledgment to the inspector upon request. Context of this proposal Previously, UISG had introduced the idea of the housing information packet as a potential item of consideration. Through working with city staff, it was determined that the city would have difficulty on regulating the move -in period of a rental unit. Through these discussions, we felt that it would be useful to focus on improving the lease informational disclosure and acknowledgment form. Specifically, we saw it as fit to change wording on the rental deposits section, adding a section on issues of health and safety, and suggest potential changes to increase accountability of distribution of the form. Proposal UISG recommends the following highlighted changes to the form: 13. Rental Deposits. The Iowa law on rental deposits can be found at Section 562A.12 of the Iowa Code. The landlord has the right to withhold from the rental deposit (also called the security deposit) such amounts as are reasonably necessary to restore the premises to the condition at the commencement of the tenancy, ordinary wear and tear excepted. The landlord must also provide a written statement showing the specific reason for withholding the rental deposit within thirty days of termination of tenancy. The tenants need to provide the landlord with the tenant's mailing address or delivery instructions for return of the rental deposit. Additional information related to leases, move -in, move -out, and checklist may be found on the website at https://Iegal.studentlife.uiowa.edu/rental-guide/ 15. Issues of Health and Safety. The tenant always has the right to contact the City of Iowa City's Housing Chief Inspector or legal services including in instances of health, safety, or maintenance issues with the renal unit or when the landlord does not respond to a request in a reasonable time. The building official may order rent abated if the rental unit (1) fails to provide an essential service such as water, sewer, electricity, or heat; (2) fails to remedy a condition that poses a substantial risk to the health or safety of the tenant; or (3) rented a dwelling unit without a permit (http://sterlingcodifiers.com/codebook/index.php?book_id=953&chapter id=76606#s1232148). Rent abatement must be granted by the city and is only granted in limited and extreme circumstances. Furthermore, the city should look into ways of ensuring better distribution of the form. One item to consider is by adding the highlighted portion: The owner or operator shall provide a photocopy of the executed informational disclosure and acknowledgment to the inspector upon request, including at the time of renewing the rental permit if a lease is in progress. Goals of changes The goals of the these changes would be to: • Include additional language that clarifies the return of the rental deposit process • Provide a link of information that has more comprehensive information and is controlled by the university • Empower tenants in understanding the resources available to them • Ensure tenants know of rental abatement so they can reach out to the city if a health and safety issue arises while also effectively communicating that the abatement is given in only limited circumstances • Provide a mechanism to better distribute the lease informational disclosure and acknowledgment form Conclusion In the community vision statement of the City of Iowa City's comprehensive plan, a goal is stated to have "housing that is the foundation of health, safe, and diverse neighborhood throughout the city." By empowering tenants in landlord -tenant relationships, the city is ensuring a more healthy and safe environment for tenants, who are usually one of the most susceptible to low quality housing. By ensuring a better mechanism of distribution for the form, tenants will be more informed and more able to navigate the dynamic of rental housing. Gustave Stewart - City Liaison Austin Wu - Deputy City Liaison gustave-stewart@uiowa.edu austin-wu@uiowa.edu Item Number: 12. + r ui �1 lat • yyrrmr�� CITY Ok 10WA CITY www.icgov.org March 7, 2019 Letter from Iowa Department of Transportation (IDOT): PCC Patching - US 218 ATTACHMENTS: Description Letter from Iowa Department of Transportation (I DOT): PCC Patching - US 218 DOT GETTING YOU THERE)) February 5, 2019 The Honorable Jim Throgmorton, Mayor City of Iowa City 410 East Washington Street Iowa City, IA 52240 SUBJECT: PCC Patching — US 218 Dear Mayor Throgmorton: RE: MP -218-6(713)81- -76-92 Washington/Johnson Counties City of Iowa City This letter is official notification to your City Council that the Iowa Department of Transportation let a PCC (Portland Cement Concrete) patching project on January 16, 2019. The work consists of replacing broken sections of pavement. The project is located on US 218 from Iowa 22 to 1-80. It is anticipated that the project will be completed in calendar year 2019. The work will be done in accordance with the current Form 810034, "Agreement for Primary Road Extension Maintenance and Operation". Project costs will be paid from the Primary Road Fund and no charges will be made against the city. Resident Construction Engineer, Newman Abuissa P.E., of Cedar Rapids, Iowa, telephone number 319- 365-6986, will advise you of the contractor's proposed schedule when the information is available. We would appreciate this project notification being included on your next City Council meeting agenda as a matter of information for Council members. If you have any questions concerning the work involved, please contact this office as soon as possible in order to expedite any possible changes. Sincerely yours, Thomas M. Storey, P.E. District District Staff Engineer TMS/rhh cc: Jim Schnoebelen, P.E., District Engineer, Iowa DOT, Cedar Rapids, IA 52404 Newman Abuissa, P.E., Resident Construction Engineer, Iowa DOT, Cedar Rapids, IA 52404 Q, 1319-365-6986 PM I Thomas.Storey@iowadot.us Address: 5455 Kirkwood Blvd. SW 0 1 www.iowadot.gov v I Cedar Rapids, IA 52404 Item Number: 13. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org March 7, 2019 Civil Service Entrance Examination: Custodian - Government Buildings ATTACHMENTS: Description Civil Service Entrance Examination: Custodian - Government Buildings j r "'r'�'zI A. CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org March 4, 2019 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination Custodian — Government Buildings Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Custodian — Government Buildings. Ryan Kratoska IOWA CITY CIVIL SERVICE COMMISSION h/ Rick Wyss, Chair Item Number: 14. + r ui �1 lat • yyrrmr�� CITY Ok 10WA CITY www.icgov.org March 7, 2019 East Central Iowa Council of Governments: ECICOG Area Grant Opportunities ATTACHMENTS: Description East Central Iowa Council of Governments: ECICOG Area Grant Opportunities Kellie Fruehling From: ECICOG <natalie.fraehlich@ecicog.org> Sent: Friday, March 01, 201912:01 PM To: Council Subject: ECICOG Area Grant Opportunities 40 "G ECIC% -'N AREA ff WA If you have any questions about a grant or would like more information, please respond to this email. Feel free to forward this information! Iowa Reinvestment District Program Application Deadline: 03/15/2019 The Iowa Reinvestment District Program is designed to assist communities in developing transformative projects that will improve the quality of life, create and enhance unique opportunities and substantially benefit the community, region and state. Iowa Reinvestment District plans must include tax revenues generated by "new retail establishments" and "new lessors". New retail establishments cannot exceed 50 percent of the total proposed capital investment. At least one of the new proposed projects within the district must reach a total capital investment of $10 million. And, the total amount of new tax revenues to be remitted to the municipality cannot exceed 35 percent of the total cost of all proposed projects in the district plan. APPLY HERE Iowa DNR Land and Water Conservation Fund Application Deadline: 03/15/2019 The Land and Water Conservation Fund (LWCF) Program is a federally funded grant program that provides match funds of 50% for outdoor recreation area development and acquisition. Competition for LWCF funds is intense; but this program provides an excellent opportunity to develop a wide range of outdoor recreational projects that are in high demand. Popular projects in recent years have included skate parks, playgrounds, new and renovated swimming pools, sport complexes, campgrounds and multipurpose trails. APPLY HERE Iowa West Foundation Grants Application Deadline: 03/16/2019 The mission of the Iowa West Foundation is to improve lives and strengthen communities for current and future generations. We do this by providing leadership, creating partnerships, leveraging resources and serving as a catalyst in identifying and supporting community needs. APPLY HERE Inclusive Planning Impar" Grants Application Deadline: 03/18/2019 The purpose of this funding opportunity is to encourage development of an inclusive coordinated transportation system in which people with disabilities and older adults actively participate in both advisory and decision-making capacities. While the intention is first and foremost the development of inclusionary processes and plans, the secondary expectation is that inclusion will result in identifiable and measurable changes in the transportation system that respond to the needs and preferences of older adults and people with disabilities. APPLY HERE Lead Hazard Reduction Demonstration (LHRD) Grant Program Application Deadline: 03/23/2019 The LHRD program funds units of state, local and tribal government to implement comprehensive programs to identify and remediate lead based paint hazards in privately owned rental or owner occupied housing. The LHRD program is targeted to urban jurisdictions (either alone or through a consortium) that have at least 3,500 pre -1940 occupied rental housing units. Healthy Homes Supplemental funds may be used only in homes also receiving HUD -funded lead hazard control work (interim controls or abatement). Grantees must use an inspection tool that identifies all 29 hazards identified in the Healthy Homes Rating System (HHRS) for assessing, prioritizing and repairing the identified health and safety hazards within those units. APPLY HERE American Water Environmental Grant Program Application Deadline: 03/26/2019 Established in 2005, our annual Environmental Grant Program offers funding for innovative, community-based environmental projects that improve, restore or protect the watersheds, surface water and groundwater supplies in our local communities. We are pleased to offer assistance to community partners to help make a positive impact on the environment, and we encourage you to apply. APPLY HERE Wetlands Mitigation Banking Program Application Deadline: 03/28/2019 The Natural Resources Conservation Service (NRCS), an agency under the United States Department of Agriculture (USDA), works with farmers, ranchers, and private forest landowners nationwide to identify and address natural resource objectives in balance with operational goals to benefit soil, water, wildlife, and related natural resources locally, regionally, and nationally. The purpose of this notice is to announce the availability of Wetland Mitigation Banking Program grant funds for the development and establishment of mitigation banks and banking opportunities solely for agricultural producers with wetlands subject to the Wetland Conservation Compliance provisions of the 1985 Food Security Act (as amended). NRCS will accept proposals from eligible entities that include federally recognized Indian Tribes, State and local units of government, for-profit entities, and nongovernmental organizations. Proposals will be accepted from applicants in any of the 50 States, the District of Columbia, the Caribbean Area (Puerto Rico and the U.S. Virgin Islands), and the Pacific Islands Area (Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands). NRCS will give priority to proposals from geographic areas with significant numbers of cropped agricultural wetlands.This notice identifies the objectives, eligibility criteria, and application instructions for mitigation bank proposals. Proposals will be screened for completeness and compliance with the provisions of this notice. Selected applicants will work directly with NRCS to develop a mitigation banking instrument that will establish an operational bank, and offer mitigation credits to interested USDA program participants for the purposes of addressing wetland conservation compliance. Program funds cannot be used to acquire any interest in land, including an interest acquired through an easement. APPLY HERE American Water Environmental Grant Program Application Deadline: 03/29/2019 American Water's environmental grants support innovative, community-based environmental projects that improve, restore and/or protect watersheds and community water supplies through partnerships. APPLY HERE Humanities Iowa Major Grant Application Deadline: 04/01/2019 Humanities Iowa grants support humanities programs for the out-of-school adult public. We are particularly interested in supporting projects that stimulate meaningful community dialogue, attract diverse audiences, are participatory and engaging, and invite discovery of the humanities in interesting and exciting ways. Collaborative projects involving multiple community organizations that serve a broad constituency are given preference. APPLY HERE Alliant Energy Hometown Safety Grant Application Deadline: 04/02/2019 Hometown Safety Grants are awarded to organizations and projects that serve or protect the community. This includes police and fire departments, as well as schools, libraries and other public service organizations. APPLY HERE Derelict Building Grant Application Deadline: 04/04/2019 The Derelict Building Program is available for Iowa towns of 5,000 or fewer residents' to address neglected structures that have sat vacant for at least 6 months. The Program's main focus is landfill diversion through the recycling and reuse of building materials and the elimination of hazards both inside and out posed by these empty structures. Established in 2011, the program has assisted 115 communities, diverted over 46,000 tons of materials and saved over $1.5 million in landfill disposal costs. APPLY HERE Iowa Residential Substance Abuse Treatment Application Deadline: 04/05/2019 The Residential Substance Abuse Treatment (RSAT) program provides funding to units of government in developing and implementing residential substance abuse treatment programs in state and local correctional and detention facilities. RSAT programs provide individual and group treatment activities for offenders and must: last between 6 and 12 months; be provided in residential treatment facilities set apart from the general correctional population; focus on the substance abuse problems of the inmate; and develop the inmate's cognitive, behavioral, social, vocational, and other skills to solve substance abuse and related problems. APPLY HERE Iowa: County Substance Abuse Programs Application Deadline: 04/21/2019 A County Board of Supervisors (BOS) may apply for up to $10,000 for the total one-year period for a county -operated substance abuse program. The Applicant's substance abuse program may expand or enhance education, prevention, referral or post-treatment services also funded by the Department but the funding shall not be used as additional funding for those same Department -funded services. APPLY HERE Iowa State Hisi"oricd Society's Country School Grant Application Deadline: 04/25/2019 The HRDP Country School Grant Program was created by legislation in 1999. The main focus of the program is to preserve one -room and two -room buildings once used as country schools. APPLY HERE Refugee Agricultural Partnership Program Application Deadline: 04/28/2019 The Office of Refugee Resettlement (ORR), within the Administration for Children and Families (ACF), announces funding for the Refugee Agricultural Partnership Program (RAPP), Organizations funded under RAPP implement strategies that encourage the development of agricultural and food systems related services that will improve the livelihoods, physically and economically, of refugee families. These strategies work to provide sustainable and/or supplemental income, improved access to healthy foods and better nutrition, psychosocial development, and enhanced integration into communities by refugee families. APPLY HERE Iowa Grants to Counties Application Deadline: 04/28/2019 To support the county boards of health for testing private water wells, reconstructing private water wells, and plugging abandoned private water wells within the jurisdiction of each county's board of health. APPLY HERE This list is provided for information purposes only, and is not intended to be inclusive of all funding opportunities that may be available. If you are aware of other resources that should be added to this service, we welcome your suggestions. ECICOG, 700 16th Street, NE, Suite 301, Cedar Rapids, IA 52402 SafeUnsubscribeTI councilCa)iowa-city org Forward this email I Update Profile I About our service provider Sent by natalie.fraehlich0ecicog.org in collaboration with Garuft text xt*, s'" Try it free today Item Number: 15. + r ui �1 lat • yyrrmr�� CITY Ok 10WA CITY www.icgov.org March 7, 2019 Invitation: Overview Mental Health First Aid Class - March 19 & March 21 ATTACHMENTS: Description Invitation: Uvervlew Mental Health First Aid Class - March 19 & March 21 Kellie Fruehling From: Sarah Cupp <smcupp09O2@gmail.com> Sent: Wednesday, March 06, 2019 10:56 PM To: Peggy Loveless; Swendsen, Vanessa Subject: Mental Health First Aid Class March 19 & 21 Attachments: Overview MHFA Class.doc; MHFAflyer_Mar19-21_2019-JohnCo.pdf Upcoming Adult Mental Health First Aid Class in March in Iowa City. The March class will be Tuesday, March 19t'' and Thursday, March 21 st from 12:30 — 5:30 pm at the Johnson County Services Building (855 Dubuque St., Iowa City, IA 52240). Please sign up in advance if you plan to attend by emailing Peggy at <mhedspecialistsna,gmail.com>, who will send you a google form, once that is completed you will be registered for the class. Classes are offered at no cost thanks to support from the from the Mental Health & Disability Services of the East Center Region. Classes are 2 -days in the afternoon, lunch is NOT provided. Please see attached flyer and help us by share this information/flyer with others who may be interested. 8 continuing education credits or CEUs are available upon request for a small fee, please contact Peggy in advance if you would like to receive CEUs for taking the course. March Class What: Mental Health First Aid When: Tuesday, March 19t' and Thursday, March 21 st Time: 12:30 pm — 5:30 pm Where: Johnson County Services Building 855 Dubuque Street, Iowa City, IA 52240 More Information -- https://www.mentalhealthfirstaid.ora/ Thank you, Peggy Loveless, Ph.D. Mental Health Education Specialists Mental Health First Aid Trainer Show your support by liking our facebook page What is Mental Health First Aid? The Mental Health First Aid (MHFA) program is an interactive 8-hour certification class that introduces participants to risk factors and warning signs of mental health problems, builds understanding of their impact, and overviews common treatments. Specifically, participants learn: • The potential risk factors and warning signs for a range of mental health problems, including: depression, anxiety/trauma, psychosis and psychotic disorders, eating disorders, substance use disorders, and self-injury, • An understanding of the prevalence of various mental health disorders in the U.S. and the need for reduced stigma in their communities, • A 5-step action plan encompassing the skills, resources and knowledge to assess the situation, to select and implement appropriate interventions, and to help the individual in crisis connect with appropriate professional care, • The appropriate professional, peer, social, and self-help resources available to help someone with a mental health problem. Similar to CPR, you will become certified as a Mental Health First Aider. Who should become a Mental Health First Aider? All of the following will probably be in church congregations - so all apply! Rather than list all below, I would say - everyone from your church/synagogue/templeletc. because they include (use following list) Participants for each training vary, but include hospitals and federally qualified health centers, state policymakers, employers and chambers of commerce, faith communities, school personnel, state police and corrections staff, nursing home staff, mental health authorized support staff, young people, families, and the general public. MENTAL HEALTH FIRST AID CLASS 'qS UA You are more likely to encounter someone in an emotional or mental crisis than someone MENTAL having a heart attack. HEALTH Anyone can take the Mental Health First Aid course — from professionals to caring FIRST AI D community members. Sometimes, first aid isn't a bandage, or CPR, or the Heimlich, or calling 911. Sometimes, first aid is YOU! Someone you know could be experiencing a mental illness or crisis. You can help them. Mental Health First Aid teaches a 5 -step action plan to offer initial help to people with the signs and symptoms of a mental illness or in a crisis, and connect them with the appropriate professional, peer, social, or self-help care. Anyone can tak( Mental Health First Aid including primary care professionals, nurses, educators, nurse educators, social workers, state policymakers, volunteers, families, and the general public. Sometimes, the best first aid is you. Take the course, save a life, strengthen your community. March 2019 Training- Johnson County Services Building March 19 & 21, 2019; 12:30pm-5:30pm — CEUs available! Attendance at all classes are required to be certified and earn CEUs Instructor.- Peggy Loveless, Ph.D., Mental Health Education Specialists PRE -ENROLLMENT IS REQUIREDIII Contact: Peggy Loveless: mhedspecialists(a)-gmail.com; Phone: 319.530.9847 NO COST TO PARTICIPANTS — SPONSORED BY Mental HealthlDisabilities Services of the East Central Region �L t Assess for nsk of suicoe or harm Listen nonjudgmentally G Give reassurance and information Encourage appropriate professional help r n Encourage self-help and other support strategies FULL ATTENDANCE AT BOTH CLASSES IS MANDATORY TO EARN A CERTIFICATE OR CEUs CEUs/CEHs: Approved for nurses 0.89 CEUs through Kirkwood Community College, IBN Provider #30. Social workers will receive a certificate of completion for 8.9 contact hours. Other allied health professionals are advised to consult the governing rules of their boards to determine if appropriate subject matter criteria wi8 appiy. A course evaluation will be available upon program completion, Kellie Fruehling From: John Thomas Sent: Monday, March 11, 2019 8:09 PM To: Jim Throgmorton; Pauline Taylor; Rockne Cole; Susan Mims; Mazahir Salih; Bruce Cc: Teague Geoff Fruin; Kellie Fruehling; Council Late Handouts Distributed Subject: Mann Elementary: Parent Drop-off on Fairchild St. Attachments: Plan A.pdf, Plan B.pdf; Pruecil Drop -Off Zone jpg (Date) Council Members, I would like to discuss with you tomorrow, perhaps at our Work Session, the proposed design of the parent drop-off at Horace Mann Elementary School. The current design, which accommodates approximately six vehicles, significantly alters North Market Square's east entry. That entry, which serves as the "front door" to the park (and as a secondary entry to Horace Mann), is essentially converted into a drop-off zone by the current plan. Furthermore, the alignment and roughly symmetrical entry treatments of the four park entries with Johnson and Fairchild Streets are character -defining features of the North Market Square, the oldest park in Iowa City. The ensemble of entries needs to be preserved in the provision of a parent drop-off zone. The scope of work is entirely in the City right-of-way and affects the frontage of City property. In the current proposal (see attached Plan A sketch), existing paving, trees, street lighting, and other park features will be demolished or relocated. The alternative I have sketched out (see attached Plan B) accommodates parent drop-off for approximately three vehicles (6 total) in two locations, conveniently flanking the park entry. It retains approximately half of the current proposal along Fairchild St., and includes a drop -off -only zone along the east frontage of the park that is similar in concept to the parent drop-off in front of Preucil School of Music (see attached photo). By preserving the existing park conditions, the scope of work is significantly reduced. If the ICCSD has concerns with the drop-off along the park's east frontage, other options for accommodating three vehicles can be considered that will not damage the park. A related concern with the design of the parent drop-off zone is the preservation of the mature ash tree that is currently located within the affected parkway. The ICCSD has concerns about the use of chemical treatment near school property, including treatment of ash trees. The decision about the ash is a separate matter, and can addressed subsequent to the resolution of the parent drop-off. Kellie, Please include as a late hand-out. John Thomas City Council - District C DrwMn^w►"^..yrs'.^ r IMI•/ Yw„ir'W�r� , 4. Mt �It.+r rWry,•,.�,.. v 0 IrExit S I Met VI -1 ef. i, ml -w Vslc earl 41'40'03.07" N 91'31'37.32" W elev 69-6 ft eye alt 697 ft Kellie Fruehling From: Sent: To: Cc: Subject: Fellow Council members, Jim Throgmorton Tuesday, March 12, 2019 10:12 AM Council 1teI} tlk Di tr'Plut�d Mazahir Salih; Bruce Teague; Pauline Taylor, Susan ims; o n omas; oc ne ole; Geoff Fruin SSB 1201 / HSB 185 (Date) We should discuss whether the City should take a formal position on these proposed bills. On first glance, it appears the bills would, if enacted, undermine the ability of small businesses, homeowners, and farmers to generate electric power with small-scale solar panels and sell any excess power they generate back to the electric utility. Here's a link to one perspective on the bills. Other perspectives, including that of MidAmerican, would need to be considered. https://www.bleedingheartland.com/2019/03/o8lmidamericans-bid-to-crush-small-solar-creates-strange- lobbying-bedfellows/?tbclid=IwARoCevjUZVkFsGghvsSpATMHMtjoThWFpELkTd66ggyiCOQRagUFw_OZvs Mayor Jim Throgmorton Iowa City City Council, At -Large Bleeding Heartland Bleeding Heartland A community blog about Iowa politics About Highlights Wildflower Wednesday MidAmerican's bid to crush small solar creates strange lobbying bedfellows if Friday, Mar 8 2019 1 Laura Belin 1 5 Comments 1 0 New! Tweet MldAmerican Energy's effort to crush small-scale solar generation made it through the Iowa legislatures first 'funnel" and will be eligible for Boor debate in both chambers. The House Commerce Committee on March 4 approved House Study Bill 185 (now renamed House File 669) without amendment on a parry -line 12 to 10 vote. The Senate Commerce Committee amended the companion Senate Study Bill 1201 before advancing it on March 7. The bill will likely pass the upper chamber, where Republicans have a 32 to 17 majority. Although Republicans outnumber Democrats by 54 to 46 in the House, and MidAmerican's political action committee donated to dozens of incumbents' campaigns last year, getting the solar bill through the lower chamber will be no easy task. A utility -backed bill to undercut energy efficiency programs was one of the heaviest lifts during the 2018 session. Only after several concessions did supporters cobble together 52 Republican votes in the House. The GOP held 59 seats at that time. More than three dozen corporations, industry groups, or advocacy organizations have lobbyists registered for or against MidAmerican's solar bill. While it's not unusual for a high-profile bill to draw that kind of attention, the two camps seeking to persuade legislators on this issue reflect alliances rarely seen at the statehouse. CORPORATE MONOPOLIES, BUSINESS GROUPS AND ORGANIZED LABOR Page 1 of 8 Username password FlRemember Me Com Forgal 15 Search Recent Posts Mar 12@8'.10rm Bg1 targeting Iowans on pu cost $00 not. by 2021 By msachopmen 10 Corn Mar 11 @ S:Bapm Iowa a defiers, of (whose) By rrloherdr on@ms"Looi Mar 11 @ 12:1 Upm On twill, stolen monmsl raluounne By Dan Gould 13 Canrrem: Mar 11 @ e'.asam View, Bull«F'a IeatMp the. Iowa Demonat6 By Laura Bell, Commer Mar 10 @ 10'.tarpon Dream to, solar By Brommlowa I 1 Comma Mar 10 @ 60aw Dead necaonirg By geryboeger I 1 Comme Mar 10 @ 10 30am Iowa ewm load me nab. leglslnaoo By cal 10 Comments Mar 9 @ 4:59pm Iowa Senate presitlnt Vol .where By Laura Belir 10 Commer Ma, B @ 536pm MNAmers,sm s bid Io crust strange lohbyirg bedfetmw https://www.bleedingheartland.com/2019/03/08lmidamericans-bid-to-crush-small-solar-cr... 3/12/2019 Bleeding Heartland Page 2 of 8 The sixteen entities registered for MidAmerican's bill at this writing fall Into three categories. By Lama Bean 15 cam,ner municipal utilities also benefit from limiting "distributed generation' by small-scale users of solar or wind power. The Central Iowa Power Cooperative, Iowa Association of Electric Cooperatives, and ITC Midwest (which Mara @ 10:em Utilities and related Industries St uteve Krq voted'Present' We've seen tremendous economic same way that wind energy has for many years In our state. We've- reaolmlan(updated) MldAmerican Energy, a monopoly provider to hundreds of thousands of Iowans, helped write the bill and was By Lama Bolin to commer the first to have lobbyists sign on, right after the text was published on February 20. The following day, the Iowa Jon] Ernst Association of Municipal Utilities registered in favor. As monopoly providers In many Iowa communities, A. More municipal utilities also benefit from limiting "distributed generation' by small-scale users of solar or wind power. The Central Iowa Power Cooperative, Iowa Association of Electric Cooperatives, and ITC Midwest (which Tags operates transmission lines) are also supporting the bill. . Berack otame We've seen tremendous economic same way that wind energy has for many years In our state. We've- -Terry BMn.tad Mouthpieces for big business -chuck Grassley development benefits from our Innovative focus on wind energy and we can continue that pattern of new Jon] Ernst Four organizations that typically favor whatever large corporations want are lobbying for the solar bill too. -Roo Blinn -oar. Loebaack Iowa Association of Business and Industry -oadavormB meve" Americans for Prosperity -Iowa Horeerac® Iowa Utilities Board adopted during the 1980s. MldAmerican boasts about Its large-scale wind farms now, but -stat. LegWatm. Greater Des Maines Partnership rowi suprene count Iowa Chamber Alliance (that group was registered 'undecided* until March 4) -EnAuoruun been economical for smaller users to install wind turbines. -LGBT I asked representatives from the Greater Des Moines Partnership why they are backing a bill that would in effect -Media block small businesses from using solar power to reduce future energy costs. Joe Murphy, the partnership's -Iowa Wddnontte -TNowWck Thasaay senior vice president of government relations and public policy, provided this statement. W. Mo a The Partnership has supported pro -renewable energy policies for many years as part of our state Election Coveragr legislative agenda. Iowa needs a pro -growth statewide policythat allows solar energy to thrive In the We've seen tremendous economic same way that wind energy has for many years In our state. We've- e.n -om s lOWB ca11Nse9enumbers development benefits from our Innovative focus on wind energy and we can continue that pattern of new -air, business growth, rural development, new jobs growth and more by supporting the SOLAR Act. -Mat uaz -was ua. First glaring flaw In that reasoning: the Initial growth of wind energy stemmed from net metering policies the -Iowa Horeerac® Iowa Utilities Board adopted during the 1980s. MldAmerican boasts about Its large-scale wind farms now, but -lana senate races the company had to be dragged kicking and screaming to invest in renewables. With state policy resembling the current proposal, the Industry might never have gotten a strong foothold in Iowa, because it would not have been economical for smaller users to install wind turbines. Second glaring flaw In the Partnership's logic: MldAmerican presented similar arguments to the Iowa Utilities Board a few years ago, when that board invited comments on distributed generation, including 'the benefits and challenges' for utilities. Thethree-member utilities board, composed entirely of corporate -friendly Terry Branstad appointees, rejected the Idea of imposing new charges on solar users and concluded that "additional Information is needed In order to move forward with the Implementation of changes to net metering." To that end, the board ordered MldAmerican and Iowa's other investor-owned utility Alllant to set up pilot net metering projects, which won't be completed for more than a year. During the March 4 House Commerce Committee meeting, Democratic State Representative John Forbes called for putting off any policy change until lawmakers can review the results of the utilities' net metering pilot projects. Neither MidAmerican nor its allies have provided any compelling reason to pass this bill now. Labor and groups benefiting from construction projects MldAmerican is rumored to be planning to build a large solar array if state lawmakers approve and Governor Kim Reynolds signs this bill. That is presumably why SSAS, formerly known as IPSCO Steel, is registered for the legislation. Six organized labor groups are also supporting the effort: https://www.bleedingheartland.com/2019/03/08lmidamericans-bid-to-crush-small-solar-cr... 3/12/2019 Bleeding Heartland IBEW [IntemationaI Brotherhood of Electrical Workers] Iowa State Conference International Union of Operating Engineers—Local 234 Central Iowa Building Construction Trades Council Laborers International Union of North America Iowa State Building and Construction Trades (their lobbyist is Mike Gronstal, the longtime Democratic Iowa Senate majority leader) North Central States Regional Council of Carpenters I sought comment from most of the lobbyists representing labor unions. Iowa stands to lose hundreds of middle-class jobs for solar Installers under MldAmerlcan's proposal. If this bill were good for working people, wouldn't the Iowa Association for Business and Industry and Americans for Prosperity be against IV The only lobbyist to respond to my Inquiry was Threase Harms, who provided this statement on behalf of IBEW State Conference President Patrick Wells. This bill does not diminish the ability for the development and/or use of solar energy. A sound Infrastructure is critical to the distribution of all sources of energy. Building and maintaining that Infrastructure requires resources. Currently, private generation customers benefit from the sale of their excess energy but burden none of the costs associated with building and maintaining the lines it goes out on. That cost falls back onto all other customers. As private generation grows, this system will become less sustainable, either further increasing the costs to all consumers or creating deficiencies In the integrity of the infrastructure through lack of resources which in turn will compromise jobs. This bill gives the utility the ability to justly recover costs associated with the distribution of power from those who choose to benefit from the generation of excess power for distribution back onto the grid. This will help keep costs down and maintain the ability to ensure a sound infrastructure going forward. Notice how closely Wells' comment tracks with the dark money ads promoting this bill and what MidAmerican's spokesperson told me last month: Today, not all electric grid users pay for the costs that support the electric grid that serves all customers. 4-] Under current state policy, private generators don't always pay grid costs, which creates the cost shift. The SOLAR Act would address the customer fairness Issue by eliminating the shifting of costs from one customer onto another, while maintaining the affordable and predictable energy that Iowans expect and deserve. Wih the passage of the SOLAR Act, Iowa can capitalize on a policy that will encourage solar growth through community solar, subscription -based solar and utility -scale solar, while also advancing private generation in a responsible and fair way. [.-] Iowa's current policy creates a subsidy that forces customers who don't have private generation to pay for those who do. We support customers having private generation, but not the cost shift that's created when they don't pay for their use of the grid. [..] The Cedar Rapids Gazette's James Q. Lynch reported on last month's House subcommittee meeting. [F]ormer Senate Majority Leader Mike Gronstal said the bill would "usher in a dramatic era in solar energy." He disputed earlier claims that solar generators are already contributing to the cost of maintaining the grid. Their monthly service charge only covers the cost of the electric meter and billing, he said. Page 3 of 8 https://www.bleedingheartland.com/2019/03/08lmidamericans-bid-to-crush-small-solar-er... 3/12/2019 Bleeding Heartland This bill is an excellent case study in how labor unions are not always reliable progressive allies. During the past two years, no environmental organizations gave cover for corporate -backed Republican bills that hurt working Iowans by reducing their wages or workers' compensation benefits or collective bargaining rights. But when large companies want to build environmentally destructive pipelines, some labor unions become loud boosters, echoing exaggerated projections on job creation. Now we see labor advocates regurgitating talking points that rely on average Iowans not understanding how the grid works.' It would be more refreshing for them to admit they don't mind if MldAmerican monopolizes future solar power development here. Most of the 800 estimated jobs in Iowa's solar Industry, which will be at risk if this bill passes, are not union jobs. I was relieved that all Democrats on the House Commerce Committee opposed House Study Bill 185 on March 4. 1 haven't heard of any Senate Democrats supporting this bill either. CORRECTION: Democratic Senators Liz Mathis and Jim Lykam voted the bill out of Senate committee. Labor lobbying can put Democratic legislators in a difficult position; that's the main reason U.S. Representative Dave Loebseck occasionally voted forbad Keystone XL pipeline bills. Even if labor lobbyists can't deliver many Democratic votes on this issue, their backing could help MidAmerican If it dissuades Democrats from putting up a big fight during House or Senate floor debate. SOLAR INDUSTRY, ENVIRONMENTAL ADVOCATES... AND BIG AG Twenty-one entitles are registered against MldAmerican's bill. They fall Into three categories: Solar Industry or companies using solar panels MidAmerican's bill threatens businesses that install PV systems as well as their potential customers. Iowa Solar Energy Trade Association (one of their lobbyists Is former Republican House Speaker Chris Rants) Renewable Energy Group (REG) Iowa chapter of the National Electrical Contractors Association Iowa 80 Group, Inc (at least one 1-80 truck stop has solar panels) Waste Management, Inc. (my understanding Is they are concerned the logic behind this bill could be applied later to methane) Rural School Advocates of Iowa Urban Education Network of Iowa The last two groups registered against the bill on March 6. Changing current net metering policy would In effect prevent school districts from Installing solar panels on school buildings, which often have high energy costs and tend to have large, flat roofs. Environmental advocates The Iowa Environmental Council and Environmental Law and Policy Center were first to register against House Study Bill 185, within hours of Its publication on February 20. Other groups working on related Issues have since joined the fight: Center for Rural Affairs Raccoon River Watershed Association Izaak Walton League—Iowa Division Citizens for a Healthy Iowa Iowa Chapter of Sierra Club Iowa Citizens for Community Improvement Action Fund Iowa Interfaith Power & Light Iowa Farmers Union I put the Iowa Farmers Union in this category, because more often than not that group aligns with environmental advocates, not Industry groups representing conventional agriculture. Page 4 of 8 https://www.bleedingheartland.com/2019/03/08lmidamericans-bid-to-crush-small-solar-er... 3/12/2019 Bleeding Heartland Heavy -hitters In the agricultural sector When the Iowa legislature considers water quality or soil conservation bills, the environmental community and leading voices for Big Ag land in opposite camps. But some biofuels companies and many farmers with confined -animal feeding operations (CAFOs) have installed solar panels to reduce costs in an energy -intensive business. Largely for that reason, the following four entitles registered against MldAmerican's bill: Iowa Pork Producers Association Archer Daniels Midland Company Iowa Renewable Fuels Association* Iowa Biodiesel Board Those players have a lot of pull with Republican lawmakers. During the Senate Commerce Committee's March 7 meeting, Republicans adopted an amendment (enclosed below) that exempts the following types of operations from additional costs: cogeneration facil@ies producing combined heat and power, renewable fuel producers registered with the U.S. Environmental Protection Agency as manufacturers; facilities that use less than 10 percent biomass; and private generators with a capacity greater than one megawatt (larger than any home or small business). Kerri Johannsen, energy program director for the Iowa Environmental Council, provided this comment to Bleeding Heartland on the special carve out for big players. The amendment adopted in today's Senate Commerce Committee highlights a big problem with MidAmerican's claim that customers with distributed generation are increasing costs for other customers. If that were the case, it would make absolutely no sense to exempt the largest customers from the new policy. While we agree that the exempted types of projects are valuable and should be able to net meter, it is incredibly unfair to small businesses, farmers, communities, churches, schools, and individuals who want to make their own Investments In solar generation. Distributed solar has measureable benefits for all customers and all customers should be fairly compensated. This amendment makes it even more clear that MidAmerican's Intent is not to 'solve' an issue of one customer subsidizing another, but to kill Iowa's growing, independent solar Industry and shut down customer choice. MldAmerican did not respond to Bleeding Heartland's Inquiry about the Senate amendment, which undermines the company's stated case for the bill (the so-called 'cost shift' to other grid users). UPDATE: Tina Hoffman, director of corporate communications for the utility, sent the following comment on March 9. Co -generation customers already take service under a multipart rate as their standard rate. The demand charge they pay as a part of their standard rate already covers their Infrastructure cost. The amendment simply clarified that difference. The rate for private generators — who are almost exclusively residential customers and small commercial customers — is a two-part rate that doesn't recover infrastructure costs if the private generation equals the customers usage. While the amendment makes no sense If you accept MldAmerican's rhetoric at face value, it's a brilliant tactical move. When last years big energy bill stalled in the Iowa House, backers amended the legislation to remove a proposed new energy efficlency fee on solar customers. That change prompted the Pork Producers to switch their lobbyists from 'agalnst'to'undecided; which shook loose a few Republican votes. The Senate amendment Is a transparent bid to get the Pork Producers and biofuels Industry to drop their opposition to MidAmeriwn's bill. At the close of business on March 8, all four big ag Interests listed above are still registered against the Senate version. Watch this space, though. Page 5 of 8 https://www.bleedingheartland.com/2019/03/08lmidamericans-bid-to-crush-small-solar-er... 3/12/2019 Bleeding Heartland Page 6 of 8 Bleeding Heartland welcomes tips on other bills that have created unusual alliances in the lobby. `UPDATE: The Iowa Renewable Fuels Association lobbyists switched to "undecided' first thing in the morning on March 9. Appendix: Amendment to Senate Study Bill 1201, adopted before Republicans on the Iowa Senate Commerce Committee voted to advance the bill on March 7 I� �� lor�csr cusd�d/s our Vu pay) y Lairs 'itl✓ 4hi) el,�►ii'2�"b''`���,'.p Senate Study Bill 1201 .vw-r5(yv �p5 1 Amend Senate Study Bill 1201 as follows: )W.r,/f 2 1. Page 1, line 16, by striking <such> and inserting 3 <private generation> W 4 2. Page 1, by striking lines 23 through 25 and Inserting 5 <cogeneration facilities and small power production facilities 6 and in accordance with Bastion 476.43.> 7 3. Page 1, lino 28, after <c.> by inserting <(1)> 8 4. Page 1, line 29, by striking -facility that> and 9 inserting <facility, as defined In Bastion 476.42, that> 10 S. Page 1, after line 33 by inserting: 11 <(2) Private generation fecility- does not include any of 12 the following: 13 (a) A cogeneration facility as defined in 18 C.P.R. pt. 292, 14 aubpt. B, including without limitation combined heat and power 15 facilities. 16 (b) A facility that produces renewable fuel me defined 17 in section 214A.1, which is registered with the United 18 States environmental protection agency as a manufacturer, in 19 accordance with the requirements set forth in 40 C.F.R. 579.4. 20 (s) A facility that utilizes a de minimus amount of biomass 21 in its operations. For purposes of this Subparagraph division, 22 de winimue- means less than ten percent of all fuel utilized in 23 the generation processes. 24 (d) A private generation facility with a nameplate 25 generating capacity greater than one megawatt.> 26 6. Page 2, line 4, after <utility's> by inserting <actual> 27 7. Page 30 by striking lines 22 through 25 and inserting 28 <the tariff as filed or docket the tariff for review in a 29 formal proceeding pursuant to section 476.6, and thereafter 30 either approve the tariff or modify the tariff to meet 31 compliance with this section within Biz months of the date of 32 docketing. If the board fails to complete a review of the 33 tariff within Six months of the date of filing, the tariff 34 shall be deemed approved. A tariff approved pursuant to> 35 8, Page 4, after line 6 by inserting: SSB1201.743 (1) 80 gh/rn 1/2 1 <6. Nothing .n thl. .e..�:.... -. _.. https://www.bleedingheartland.com/2019/03/08lmidamericans-bid-to-crush-small-solar-cr... 3/12/2019 Bleeding Heartland Page 7 of 8 -------e _-- -•••., o=--•.,.. eueu yoccivae a customer 2 from entering into a contract with an electric utility as an 3 alternate energy production facility, cogeneration and small 6 power production facility, or a standby and supplemental power 5 service customer under the terms of the electric utility's 6 separate alternate energy production facility, cogeneration and 7 small power production facility, or standby and supplemental R power service tariffs filed pursuant to the federal Public 9 Utility Regulatory Policies Act of 1976, 16 U.B.C. 52601 at 10 seq.> PROPOSED COMMITTEE AMENDMENT 8881201.743 (1) 88 2/2 —2_ gh/rn Tweet Tags: 2019 session, Agriculture, Biofuels, Chris Rants, Energy, Iowa ABI, Iowa CCI, Iowa Environmental Council, Iowa House, Iowa Senate, Jim Lykam, John Forbes, Kim Reynolds, Labor, Liz Mathis, Lobbying, MidAmerican Energy, Mike Gronstal, Sierra Club, Solar 5 Comments Leave your comment below Thanks, again (1+/ 0-) View voters' So much work goes Into your posts. I bet even legislators learn a lot when they read them. They should recognize you as a real news reporter. Tweet By bwawin @ Fri 8 Mar 9.42 PM thanks (0+/ G-) View voters' https://www.bleedingheartland.com/2019/03/08lmidamericans-bid-to-crush-small-solar-cr... 3/12/2019 Bleeding Heartland Legislators have sometimes told me they learned from my work. Tweet By Laura Bohn @ Id 8 Mar 10:47 PM I am kind of drop -Jawed... (1+/ 0-) View voters — ...by all the things I've learned from this post. So it turns out I agree with the Iowa Pork Producers Association about something, at long last. And my opinion of the Greater Des Moines Partnership, always tentative, just went way down. If you're going to lobby for a bozo bill like this, at least provide an explanation that Isn't Intelligence -insulting. Tweet By Prehial an @ PH 8 Mee 11:58 PM the Pork Producers (0+/ 0-) View voters - were big supporters of extending the solar tax credit as well. Tweet By Laura Bolin @ set 9 Mar 6:33 PM Thank you, that Is Interesting too. (0+/ G-) View voters - I also wonder what MidAmerican Energy has In mind for their 'large solar array' In terms of siting, size, design, etc. Their record so far does not Inspire trust. Tweet By soldered @ Su. 10 Mar 141 AM You need to signin or signup to post a comment. Page 8 of 8 About Join 0s contact 0s Bleeding Heartland is a community than about Iowa Join om communtly, pact your thoughts as General: inlo@bleedirpheanlantl cam politics. campaigns and elections, state comments or diaries, help keep our leaders honest government, social and environmental issues and hold them aceountable. Latest Posts loss - West Comment. RSS Aced Policy- Terms of eervke 12015 — 2019 0 Bleeding Heartland https://www. bleedingheartland.coml2O l 9/03/08lmidamericans-bid-to-crush-small-solar-er... 3/12/2019 Item Number: 16. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org March 7, 2019 Planning and Zoning Commission: February 21 ATTACHMENTS: Description Planning ano Zoning Commission: February 21 MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION FEBRUARY 21, 2019-7:00 PM — FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Billie Townsend MEMBERS ABSENT: STAFF PRESENT: Eleanor Dilkes, Ray Heitner, Anne Russett, Danielle Sitzman OTHERS PRESENT: Scott Ritter, Jimmy Becker, Ed Cole, Wilfred Nixon, Donna Davis, Jillian Nagle, Sulay Flores, Javier Laguna, Marcial Utalo, Sara Barron, Margarita Rodriguez, Margarita Baltazer, Rafael Morataya, Chris Traeger, Gustavo Caro, Beth Pruessner, Deb Heiken, Alberto Perez, Angelica Ortiz, Alberto Ortiz, Sandra Garcia, Cindy Onnen, Roberto Garcia RECOMMENDATIONS TO CITY COUNCIL: By a vote of 7-0 the Commission sets the public hearing on CPA18-00002 for March 7, 2019. By a vote of 7-0 the Commission recommends approval of SUB18-00019, an application submitted by Longsterman Holding LLC for a preliminary and final plat of Pigeon Timber Second Addition, a Resubdivision of Lot 2 of Pigeon Timber, a 3 -lot, 3.17 -acre residential subdivision located at 4354 Treefarm Ln. NE, subject to approval of construction drawings and legal papers by the City Engineer and City Attorney. CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. COMPREHENSIVE PLAN AMENDMENT (CPA18-00002): A request to set a public hearing on an application to amend the North District Plan land use map from Multi -Family Residential (8-13 dwelling units per acre) to Low -Medium Mixed Residential (8-13 du/ac) for approximately 24 acres and from Low -Medium Mixed Residential (8-13 du/ac) to Multi -Family Residential (8-13 du/ac) for approximately 24 acres. Russett noted this is just a request to set a public hearing, there is no staff presentation. Hensch asked what date Staff would like to hold the hearing. Russett requested the hearing to be at the first Planning and Zoning Commission meeting in March, March 7. Signs moved to set the public hearing on CPA18-00002 for March 7, 2019. Parsons seconded the motion, a vote was taken and the motion passed 7-0. Planning and Zoning Commission February 21, 2019 Page 2 of 23 REZONING/DEVELOPMENT ITEMS (SUB18-00019): An application for a preliminary and final plat, submitted by Longsterman Holding, LLC, for Pigeon Timber Second Addition, A Resubdivision of Lot 2 of Pigeon Timber, a 3.17 - acre, 3- lot residential subdivision located at 4354 Treefarm Lane NE in Johnson County, IA. Heitner presented the staff report and started by showing an aerial view of the subject property which is approximately half a mile east of Prairie DuChien Road in unincorporated Johnson County. The subject property is currently zoned County Residential and the surrounding zoning of the subject parcel either County Residential or County Agricultural Residential. The request is to re -subdivide a 3.17 acre lot into three new lots for future single family housing. The subject property is located in the Iowa City/Johnson County Fringe Area A -North Corridor and properties that are located within this designation are subject to residential zoning requirements of Johnson County however subdivisions must also be approved by the Iowa City Planning & Zoning Commission and any infrastructure improvements must meet the rural design standards that are outlined in Appendix A of the Fringe Area Agreement. Heitner stated the Johnson County Planning and Zoning Commission met on this issue on February 11, 2019, and recommended approval of the subdivision to their Board of Supervisors with the following four conditions: 1. The Planning and Zoning Commission's recommendation be subject to the City of Iowa City recommending approval of the application. 2. Verification that woodland mitigation is not necessary; should woodland mitigation be required, then the application would need to be reviewed again by the Planning and Zoning Commission. 3. A revised Storm water Management plan be submitted by the applicant and approved by Planning Development Services (PDS) staff, prior to approval by the Board of Supervisors. 4. A revised conservation easement be submitted by the applicant and approved by PDS staff, prior to approval by the Board of Supervisors. The subdivision must attain approval by the Iowa City Council before final action can be taken by the Johnson County Board. Heitner showed more pictures of the subject property with respect to how it is situated in the Fringe Area. He showed the proposed preliminary and final plats and noted the area that would be a new access easement for access to the properties on lots 2 and 3. With respect to environmental and sensitive areas there will be a 0.36 -acre conservation easement, with the purpose of preserving the natural drainageway that runs north to south through the western portion of the subject property. Currently it is estimated that only about 20% of the subject areas woodlands would be impacted by this development and Johnson County ordinance allows up to 25% to be impacted before a mitigation plan is required. The applicant has also conducted an archaeological survey, and has found that no archaeological sites have been reported to the Office of the State Archaeologist within 100 meters of the subject property. With respect to water and sewer service, water service will be provided by a private well system in the area and the lots will use septic sewer systems. Storm water management will be provided by the insulation of a 2,450- square foot bioretention cell. Planning and Zoning Commission February 21, 2019 Page 3 of 23 Next steps pending approval of this application this evening will be Iowa City Council review and approval of the application followed by final review by the Johnson County Board of Supervisors Staff recommends approval of SUB18-00019, an application submitted by Longsterman Holding LLC for a preliminary and final plat of Pigeon Timber Second Addition, a Resubdivision of Lot 2 of Pigeon Timber, a 3 -lot, 3.17 -acre residential subdivision located at 4354 Treefarm Ln. NE, subject to approval of construction drawings and legal papers by the City Engineer and City Attorney. Signs asked about what appears to be an existing building at the bottom of the proposed lot and if it will be removed. Heitner confirmed it will be removed and replaced to another location. Hensch opened the public hearing. Scott Ritter (Harford Consultants) came forward on behalf of the applicant to answer any questions the Commission may have. He did note the building Signs was asking about was a house and it will remain where it is, there are two additions on the house which are not in good shape and those will be removed and the remaining house will not be in the way of the new access easement. Hensch asked about the storm water management issue noting there will be a 2,450- square foot bioretention cell and asked what a bioretention cell is. Ritter noted there are slopes going down to the cell, there will be a rock bed with a pipe that carries the water both ways to the outlets north and south. The system slows down the water and allows the water exiting is supposed to be better than the water coming in controlling both the quantity and quality of the water. Hensch closed the public hearing. Parsons moved to recommend approval of SUB18-00019, an application submitted by Longsterman Holding LLC for a preliminary and final plat of Pigeon Timber Second Addition, a Resubdivision of Lot 2 of Pigeon Timber, a 3 -lot, 3.17 -acre residential subdivision located at 4354 Treefarm Ln. NE, subject to approval of construction drawings and legal papers by the City Engineer and City Attorney. Martin seconded the motion. A vote was taken and the motion carried 7-0. REZONING/DEVELOPMENT ITEMS (REZ18-000131SUB18-00006): Location: An area generally located south of Interstate 80, west of N. Dubuque Street, and east of Mackinaw Drive, commonly referred to as Forest View. An application for a Sensitive Areas Development Plan and rezoning of approximately 73.15 acres of land from Interim Development -Low Density Single -Family (ID -RS) zone, Low Density Single -Family (RS -5) zone, Planned Development Overlay / High Density Single -Family Residential (OPD/RS-12) zone, and Low Density Multi -Family Residential (RM -12) zone to Planned Development Overlay / High Density Single -Family Residential (OPD/RS-12) zone for approximately 45.48 acres of property and Planned Development Planning and Zoning Commission February 21, 2019 Page 4 of 23 Overlay 1 Highway Commercial (OPD/CH-1) zone for approximately 23.83 acres of property; and a Sensitive Areas Development Plan. An application for a preliminary plat for Forest View, a 73.15 -acre subdivision, to create 11 commercial lots, 4 multi -family lots, 60 single-family lots, and 9 outlots. Russett will begin the report with some background, then she will provide a high level overview of the proposal and discuss some changes to the project that have occurred since the Commission last saw this item in April and June of 2018, she will discuss the Planned Development Overlay rezoning and the Sensitive Areas Development Plan and the proposed rezoning. Finally she will discuss the criteria the Commission needs to review these proposals against for Planned Development Overlays and the applicants requested waivers. In terms of background, in August 2017, the Commission recommended an amendment to the North District Plan and the City Council adopted the amendment to the North District Plan to modify the "future land use map", adding certain housing, transportation, and design goals. The amendment also identified the proposed area for commercial and single family and multifamily residential. In June 2018 the Commission deferred the application for the rezoning indefinitely until additional details were worked out. Since that time, staff has worked with the applicant to address several deficiencies and while there are still deficiencies staff is working with the applicant. Russett showed an aerial of the project site and a map showing the overview of the development showing the proposed land uses, the conservation areas and the proposed transportation improvements. The main entrance to the site will be off North Dubuque Street onto Forest View Drive. The land uses proposed off North Dubuque Street and the eastern portion of Forest View Drive are commercial (identified on the map in red), the applicant is proposing a gas station and market on lot 1, lots 2, 3 and 4 along the eastern boundary of the site are anticipated to be developed with eating and drinking establishments as well as some proposed drive-thru restaurants. The applicant plans to develop a hotel south of Interstate 80 and west of the proposed eating and drinking establishments on lots 5, 6, 7 and 8. Lots 9-11 are intended for lower scale neighborhood commercial uses, those are the lots just east of the proposed multifamily. Continuing west on Forest View Drive, lots 12, 13, 14 and 15 (identified on the map in orange) are proposed multifamily housing with lot 14 intended for a senior housing development. Further west on Forest View Drive and located on the western edge of the proposed project is the proposed manufactured housing single family home community and in this area the applicant is proposing to relocate the tenants of the existing Forest View Mobile Home Park. Russett stated the areas shaded in green on the map are proposed conservation areas, noting there are many sensitive areas on this site including woodlands, wetlands and slopes and there would be conservation easements to maintain the woodlands and Outlot D. south of the single family units would be maintained as a private green space area for the manufactured housing community and also as a dry storm water detention basin. Russet noted there are also additional access points to this proposed development, one off Laura Drive, which connects with Foster Road, also Algonquin Road will connect to the community as well as an access off Flint Drive. Russett next discussed the changes the applicant has made to the proposed project to address concerns from both residents and staff since the Commission last saw this application. Many of the changes are in the manufactured housing area, outlot D, the open space area, has been Planning and Zoning Commission February 21, 2019 Page 5 of 23 moved from the west side of the community to the south and been expanded from 0.62 acres to 1.65 acres. The applicant has also extended Flint Drive through to connect the area. The lots on the western portion of the project site meet the minimum 5000 square foot requirement in the RS -12 zone the number of manufactured housing lots has been reduced from 59 to 57. Russett noted a lot was identified at the northwest corner of the plat to be a community center for the neighborhood. Additionally lot 23 was originally proposed as a four story 24 unit multifamily building and has now been removed from the plans. The applicant has also worked with staff on lot 14 which is located toward the center of the site, the original proposal did not meet the multifamily design standards of the zoning ordinance but the plan has been revised to locate the buildings toward the public roadways and to locate the parking toward the center and back of the buildings. The applicant also identified on the plans locations and size of open space areas for the multifamily developments. Due to the impact of the woodlands to the development the applicant is required to plan replacement trees and the applicant has worked with the staff to make improvements to the Sensitive Areas Development plan related to woodland buffers and to identify the location of the replacement trees. The applicant has also submitted detailed landscaping plans to show screening, site trees, street trees, parking trees and replacement trees. Lastly the applicant has worked with a consultant and submitted a traffic study, staff concurs with the findings of the traffic study and the applicant has also worked with staff on concerns related to storm water management. Russett stated the rezoning before the Commission is a rezoning to a Planned Development Overlay (OPD) and this is required due to the sensitive features as well as the proposed manufactured housing community on the project site. OPDs allow flexibility in the proposed development, they allow clustering to preserve sensitive areas and they also allow a variety of housing types, both single family and multifamily. Finally OPDs allow applicants to request waivers to development standards and she will review the requested waivers later in her presentation. In terms of the sensitive features the project site is heavily wooded, it contains a total of 34.6 acres of woodlands, the vast majority of these woodlands (around 31 acres) are located on the proposed residential lots, and the remainder (about 6 acres) are located on the proposed commercial lots. Russett showed a table summary of the existing woodlands, the impacted woodlands and the preserved woodlands compared to the retention requirements in the zoning code. The project does meet the retention requirements for the commercial area but not for the residential area and when that happens the Code requires the mitigation of the loss of those woodlands through planting of trees, in this case the applicant would be required to plant 828 trees on the project site. The applicant submitted plans to show the location of those restoration trees which has been reviewed by the City Forester and the City Forester generally agrees with the proposed location of the restoration trees and has recommended some additional replacement trees along North Dubuque Street. The applicant has also proposed a monitoring plan for the restoration trees that will include the development of an annual report to be submitted to City staff and staff recommends the details of this monitoring plan be worked out as part of the development agreement for the project. In addition to the preservation areas the proposed plan also identifies a 40 foot wooded area along North Dubuque Street and staff is recommending as a condition of the rezoning the 40 foot area be un -impacted by the development. Russett next discussed the wetlands on the project site, just under 1 acre, 36% will be impacted by the development and the applicant has submitted a U.S. Army Corp of Engineers permit indicating the City may consider filling in a jurisdictional wetland and that permit has been approved by both the Iowa DNR and Army Corp of Engineers. Planning and Zoning Commission February 21, 2019 Page 6 of 23 Russett showed a map of the existing zoning of the site, the area is zoned a mixture of 'nterim Development Single Family and a small portion of multifamily. The applicant is proposing that the area be rezoned to High Density Single Family Residential with the Planned Development Overlay (identified in the map in orange) and the blue area be redeveloped as Highway Commercial with Planned Development Overlay. Regarding the commercial rezoning the based designation proposed is Highway Commercial and the applicant is proposing a hybrid zoning district that incorporates some aspects of the Neighborhood Commercial zoning district. Lots 5, 6, 7 and 8 the base zone would be Highway Commercial but any development on those sites would be subject to standards for large retail uses and there would also be a recommended condition related to signage, building materials and lighting. For lots 9, 10 and 11 the base zone would again be Highway Commercial however any development would be subject to Neighborhood Commercial regulations which limits scale, building placement, addresses pedestrian connectivity, addresses parking and loading areas, screening as well as a condition related to signage, building materials and lighting. And lastly for the lots on the east side of the project, lots 1, 2, 3 and 4 development on these lots would also be subject to Neighborhood Commercial development standards with some exceptions, mainly related to the parking areas and drive-thrus. They would however be subject to conditions related to signage, building materials and lighting. Russet reiterated this is a Planned Development Overlay rezoning and there are specific review criteria that need to be addressed when reviewing Planned Development Overlay. The Commission is tasked with reviewing the rezoning against these criteria. The first is related to density, the total project is around 13 dwelling units per acre which is in line with both the Comprehensive Plan and the proposed RS -12 zoning designation. However if looking at the multifamily and single family separately the single family area is much lower at 8 dwelling units per acre and the multifamily lots are higher at around 33 dwelling units per acre. In terms of land use, mass and scale, the project proposes the lowest density development (single family) at the western portion of the project site and is located to the east of the existing single family housing development off of Mackinaw Drive. The applicant is proposing to relocate the existing Forest View Mobile Home Park tenants to either new homes in this area or elsewhere and staff is recommending as a condition of the rezoning the applicant execute an affordable housing agreement with the City that outlines the specifics of the relocation. Toward the center of the site the applicant has proposed four multifamily lots, the applicant is proposing two buildings on lot 15, three buildings on lot 14 and one building each on lots 12 and 13. On lot 14 the applicant is proposing senior housing however there is nothing in the proposal or draft conditional zoning agreement to tie development to becoming senior housing development so if that is something the Commission would like to require it would need to be a condition to the rezoning. Russett noted the highest intensity uses are the commercial uses south of Interstate 80 and along North Dubuque Street. In terms of private open space areas the applicant has identified open space areas for the residential portions of the project. The applicant has also identified the areas and square footages of open space areas on the multifamily lots. These are intended to provide seating, shade and sheltered recreational areas. There will also be several outlots where existing woodlands will be preserved through conservation easements and total around 19 acres. The City also has a public open space requirement that would be around 2.2 acres of public open space or a fee -in -lieu and at this time no public open space is being proposed on the site. In terms of traffic circulation there will be a new public street, Forest View Drive, which will serve as a secondary access to the Peninsula and Mackinaw Village neighborhoods. Access to North Dubuque Street as it is proposed now requires a permit from the Iowa Department of Transportation and the Federal Highway Administration. Additionally Algonquin Road and Flint Planning and Zoning Commission February 21, 2019 Page 7 of 23 drive would be extended as access points to the new neighborhood. In terms of sidewalks and trails the plan proposes 10 -foot and 5 -foot sidewalks adjacent to Forest View Drive and Algonquin Road and 5 -foot sidewalks on both sides of other internal roads. There is also a 10 - foot trail proposed along North Dubuque Street. Regarding transit there is a is a bus stop at the intersection of Algonquin Road and Foster Road which is walkable from the manufactured housing area. The applicant did work with a consulting firm to put together a traffic study and Russett highlighted a few aspect of that study. Currently the existing traffic count of North Dubuque Street is between 22,000 and 24,000 vehicles per day. At full built -out of the proposed development it would add an additional 15,000 vehicles which is a significant amount of traffic however the study shows with the proposed improvements the system will be able to run at an acceptable level. Due to the proximity of the development to the 1-80 interchange both the City and the Iowa Department of Transportation was interested in the projects impact on the interchange. Without the development, service levels at the interchange begin to fail around 2056 due to regular annual community growth, with the development the service levels begin to fail around 2035 so in short the proposed development would accelerate needed improvements at the interchange by around 11 years. The addition of Forest View Drive extends east from North Dubuque Street and would have both dedicated north and south turn lanes, there would be a dedicated right southbound turn lane onto Forest View Drive and there would be dual eastbound turn lanes from Forest View Drive onto North Dubuque Street. In terms of storm water the applicant has submitted a preliminary storm water management report and they are proposing three types of storm water management facilities: detention basins, on- site underground storm water storage system, and storm water best management practices. Staff is recommending a proposed condition upon final plat approval, the owner execute a subdivider's agreement with the City that addresses, among other things, the need for annual certification of private storm water management systems to ensure that the systems will be properly maintained. Russett showed on the map the locations of the proposed storm water management areas as identified in blue. Lastly regarding views, light and air, property values and privacy of neighboring properties the development does transition from single family to the west, multifamily in the center and commercial to the east. The proposal also identifies buffers and screens between proposed development and existing single family. Staff also recommends as a condition of the rezoning that all single family buildings have clearly defined main entrances, a landscaped buffer be maintained the existing single family and proposed manufactured housing community and lastly that the 40 -foot buffer along North Dubuque Street remain un -impacted. Russett showed a map with the locations of the buffers. Finally the applicant has requested several waivers, and the Planned Development process does allow flexibility. They are requesting waivers from building height, public right-of-way width, lot dimensions for the single-family community, and private open space. The maximum building height in RS -12 is 35 feet and in the multifamily lots the applicant is proposing 4 story and 5 story buildings. Russett explained the criteria staff must review these waivers against in the Code is that at least 35% of the net area must be free of buildings and parking and based on staff calculations it is 44% so the applicant meets that criteria. With regards to the public right-of-way they are requesting a waiver from a right-of-way requirement of 60 feet for Cole Drive and Flint Drive to a reduction of 50 feet for those roadways. The criteria is if the applicant is able to provide enough space for required utilities. This request has also been reviewed by the Fire Planning and Zoning Commission February 21, 2019 Page 8 of 23 Department, Public WorKs and the City Transportation Planner. In addition the existing Flint Drive is 50 feet so the applicant is matching what is already there. The requests for waivers to lot dimensions and size are for the manufactured housing community, the minimum lot size requirement is 5000 square feet, the minimum lot width is 45 feet, and the minimum lot frontage is 40 feet. The applicant is proposing some lots at 4000 square feet and some frontages around 36 feet. The criteria that has to be met to allow this waiver is off-street parking must be provided through a rear alley and this criteria is met for several of the lots. All the lots in center, east and south all have access from private rear alleys, the homes on the west side do not have access from a private rear alley but those are all at least 5000 square feet. Russett stated that there is a minimum 500 square feet required of open space for each single family lot but the applicant is proposing instead of providing individual open space the applicant is proposing 1.65 acres of private open space which is 1 acre more than is required. The criteria for this waiver is consistent with the Comprehensive Plan to enhance the project and not negatively impact the area and that there would be no danger to public health. In terms of public correspondence Russett noted staff has received several letters from members of the community, six letter expressing opposition or concern to the project, mainly related to traffic, lack of notification, level of density and intensity of the development and concerns related to impact on the sensitive areas. Staff also received two letters expressing support, the support was in regards to the new housing for the mobile home tenants and the secondary access for emergencies provided through the development of Forest View Drive. Next steps include the public hearing on March 7 regarding the proposed Comprehensive Plan Amendment and further discussion of the proposed rezoning and plat. After a recommendation to City Council and upon City Council approval there would be the development of a Master Site Plan which is included as a proposed condition to be reviewed and approved by the Director of Neighborhood Services. The applicant would also be required to execute an Affordable Housing Agreement related to the relocation to be approved by City Council and finally an application for final plat. Staff is recommending deferral of the application to allow opportunity for various deficiencies and discrepancies to be resolved and to complete review of the revised Sensitive Area Development Plan and Preliminary Plat received on January 25, 2019. In addition, the Commission must first act on the proposed amendment to the North District Plan prior to taking action on the proposed rezoning, SADP, and preliminary plat. Signs asked when the North District Plan was written. Russett is not sure but will look into it. Martin asked for the difference in size for the current mobile homes to what the proposed manufactured housing is, she is wondering if there are more or less new homes being proposed and the sizes of those homes. Russett does not have that information but perhaps the applicant can address it or she will look into it. Baker agreed about receiving information about the exceptions for the manufactured housing lot sizes and private open space, he assumes the current mobile home lots are already under 5000 square feet and private open space doesn't reach 500 square feet. Baker noted that he and Townsend are new to the Commission since this application was last reviewed so he may ask questions that are redundant, and asked if this project is approved and once development has started can the developer somehow circumvent the conditions required by the Commission. For example, perhaps go to the Board of Adjustment for exceptions. He feels once they start dealing Planning and Zoning Commission February 21, 2019 Page 9 of 23 with commercial development in particular commercial developers have their own standards and their own requests (especially for something like a gas station). He is particularly concerned about signage and lighting and once the conditions are placed at the Planning and Zoning level what is the process, if any, for changing those later. Russett stated that if there are significant changes proposed to the approved OPD plan it would have to come back to the Planning and Zoning Commission for review and approval for a recommendation to City Council. Baker noted the Commission reviewed this project in another form last year and he asked if the biggest difference now is the multifamily and single family areas have switched. Russett said the proposal the Commission saw last year had the same locations for the single family and multifamily. Parsons noted in the Comprehensive Plan Amendment proposal the manufactured housing development was more in the center of the project. Baker asked what causes the need to amend the Comprehensive Plan. Russett said it is due to the move of the single family manufactured housing to the west side of the proposed development. Baker asked about the acceleration of the redevelopment of the 1-80 interchange due to the increased traffic, would that be an Iowa Department of Transportation cost or a cost to the City as well. Russett said those costs are negotiated between the IDOT and the City. Baker noted the definition of Commercial Highway Zoning states one of the purposes of that zone is to draw in traffic from the highway. Once off the highway, what is the signage requirement along North Dubuque Street, and how would the City keep the exit from being littered with signage. Russett said the Conditional Zoning Agreement as it currently is written would not allow any signage along North Dubuque Street. Baker asked if Lot 1 was always intended to be a gas station, even in earlier reviews. Parsons recalls it was, although there was a lot of discussion around that. Baker said if the goal is to have this area not visible with signage and lighting from North Dubuque Street that seems contradictory to the concept of having a gas station at that location, especially when the design shows a 20 foot sign right at the corner of the lot. He wonders how necessary a gas station is for this overall development. Hensch noted in the manufactured housing area there is a waiver or variance requesting the reduction for the frontage of the lots, a waiver or variance for the open space requirement, and a variance or waiver for the total square footage and he wonders if there is a restriction on the number of waivers or variances one can have. Russett replied there is no limit to the number of waivers that can be requested. Hensch opened the public hearing Jimmy Becker (Blackbird Investments) is representing the owner and development team. He thanked Russett for a well done report and for providing a good summary of the application. Becker noted his team has over three years invested in this development and there are several decades tied to this community. On a personal note he was born in Iowa City and spent the first few years of his life here and currently has a brother that lives in the Peninsula neighborhood. Becker stated this development is significant not only in size but also and more importantly in what has been proposed, this is an opportunity here in Iowa City to set an example of how a development can work truly for the betterment of the community. He is joined tonight by several residents of Forest View Mobile Home Park and other members of the development team with a request for the Commission to approve the proposed Comprehensive Plan Amendment, Planning and Zoning Commission February 21, 2019 Page 10 of 23 Sensitive Areas Development Plan, Preliminary Plat and rezoning of the overall site. They are very excited about the proposed plan and thankful for the tireless efforts and support of City staff as they have worked diligently and thoughtfully through this process. Becker next provided a brief recap noting that in December 2017 the development team hosted a good neighbor meeting at the Elks Club, following up on that meeting in January 2018 they met with City staff and at that meeting City staff suggested to move the road, relocate the hotels and moved them off North Dubuque Street and shift the multi -residential complex on the west to the south to get out of the 300 foot sound buffer as shown. Moving the road, hotel and multi -residential complex created a ripple effect. After meeting with the City the development team met with the residents and at that meeting the residents expressed concern about the proximity of neighborhood to the commercial traffic and adjacent hotels and offices, Ultimately, as co -applicants, they decided to accept the City's recommendations and as a result moved the Forest View neighborhood to a safer, less traffic area of town. In April 2018 the proposal was presented to the Planning and Zoning Commission, at that meeting the Commission requested the team and the City resolve the following deficiencies: storm water management, sensitive areas and traffic impacts. The development team has since completed these items and have members of the consulting team present to answer any specific questions. Becker noted that since April they have worked diligently to address any concerns voiced by members of the community, City staff and members of the governing boards, all of which is reflected in the current submittal. Becker next discussed comments from the Commission's meeting on February 4 and wanted to address questions raised at that meeting. First a quick overview of the residential zone, this area gradually adapts to the adjacent neighborhoods, the clustered development is built up rather than out to preserve wetland and sensitive areas, the density is compliant with Code with 530 units in total which equates to 13 units per acre, and all traffic requirements meet DOT, Federal Highway and City standards. Second, the beautification along the entry way and preservation, it is a shared goal of both Iowa City and the development team to preserve the treescape along the eastern gateway and throughout the development. To achieve this they have dedicated a 40 - foot tree buffer on the east side and have several surrounding treescapes. As Russett described. Forest View will preserve 44.6% of trees in Forest View, counting the wooden buffers and remnant woodlands, they will also be planting 828 trees within the development and have designated outlots in total of almost 19 acres to preserve the existed forested areas. Another question that was asked was with respect to the modifications to the Forest View neighborhood since April. Russett acknowledged most of them but Becker highlighted the 30% reduction in the number of homes in the west side of the development when they removed the 24-plex. In addition, also worth mentioning they shifted the single family homes to better blend with the existing neighborhoods to the west, south and east of the development based on feedback from neighbors. They also added tree buffers on the west, south and east sides of the development as well. A question was asked about the relocation plan, the relocation plan was updated and finalized in May 2018. For the residents staying within the development each qualified resident begins by leasing a home at an initial $310 per month, this rent rate escalates at 2% annually. During the first 15 years leased a portion of the rent will be escrowed and used as a down payment. At year 15 the home will be sold to the resident at a pre -determined amount of $66,340. Another question was asked about construction price of the single family homes, as describe in the relocation plan the project cost per home is $202,000 and they have been able to hold to that price. Approximately 50% of that cost is comprised of the cost to build the homes, the remaining 50% includes the land, soft costs, financing fees, permits, roadways and infrastructure. The question asked about lot dimensions in Forest View neighborhood Becker explained what is represented today has evolved over several years and many iterations, many compromises have been made with consideration of all stakeholders. The average size of the Planning and Zoning Commission February 21, 2019 Page 11 of 23 lots is 4800 square feet, which allows for 57 homes to be constructed, what is shown today has been signed off by all parties involved including the residents, the City, the Center for Worker Justice and the development team. Martin asked for clarification on the term single family home, does that refer to the manufactured homes. Becker confirmed that is correct. Martin wanted to understand because single family homes and manufactured homes have different loan lending requirements so there is a difference. Becker next discussed meeting the criteria for the waivers, specifically for lots 16-48 and lots 58- 73 with having the back alley ways and the frontage reduction. For the sake of the residents and the development they cannot afford anymore reductions to the number of homes. A question was asked about how many residents currently live in Forest View Mobile Home Park and there are 95 families living there. In the new development there will only be 57 homes constructed. Becker next discussed the impacts to Mackinaw Village neighborhood, the proposed development meets the intent of what was approved in the Comprehensive Plan Amendment. In lieu of the multifamily they have proposed single family, the density has been substantially reduced to better compliment the adjacent neighborhoods. The original Comprehensive Plan had 314 units and required the development to cut down more trees, the April plan had 83 homes and the current plan has only 57 manufactured homes. With respect to design standards the homes will be a single story with a permanent fix foundation and the road and infrastructure will be built to City Code. With respect to the setbacks, the setbacks will be in compliance with Code with a second point of access from all surrounding neighborhoods to the south and west of the development connecting from Flint Drive and Algonquin Road. With respect to lighting, the lighting will be in compliance with City Code and with respect to woodland buffers, they will be included. Becker stated there will be a treescape buffer between the proposed Forest View development and surrounding neighborhoods as requested. During the initial 15 year compliance period the homes will be owned by the owners of North Dubuque LLC and managed and maintained by Blackbird. After the 15 year compliance period the homeowners association will determine who will be responsible. To answer the question asked about safety concerns with respect to vehicular speeds along Forest View Drive, the development team and residents of Forest View share that concern and are amenable to the City's suggestions with respect to reasonable speed control measures to reduce speeds and keep the kids safe. In working with the City to address this concern they have added a circle drive adjacent to the neighborhood development with the plan. Becker next addressed the question on open space in Forest View neighborhood, there will be several outlots, one in particular (outlot D) is 1.65 acres and will be a dedicated green space recreation area including play areas, possibly a soccer field area, garden areas and a playground. This area is over an acre greater than the minimal requirement and equates to 1 '/4 of two professional football fields including both end zones. Becker noted the ownership team has committed $100,000 for recreational space and equipment for this area and the fit -out of the space will be determined by the homeowners association as no one knows better than those that will be living there. This area will be privately owned but open for public recreation use. There is also lot 49, directly to the north, which will be a community center for the residents, this lot is roughly 16,000 square feet and will include a 2400 square foot facility for the residents, it is also adjacent to 6 acres of preservation directly to the north and 8'/z acres of preservation to the east. The final question asked was regarding the Conditional Zoning Agreement, Becker noted to date they have provided everything they have and understand they will be held to the Conditional Zoning Agreement that will be drafted by the City Attorney and approved by the Council. Becker stated they recognize that they and all future owners will be Planning and Zoning Commission February 21, 2019 Page 12 of 23 required to comply with City Code which will require City approval prior to any issuance of all permits. In conclusion Becker stated the have diligently worked with the City on their primary objectives and to address namely the relocation, access, preservation and compliance. Within the proposed this development will provide relocation opportunities and/or safe, quality affordable housing for the residents of Forest View Mobile Home Park, they addressed this by maximizing the number of homes in the neighborhood, neighboring a single family development to and existing single family neighborhood. Second, this development will provide a secondary access within the development, they address this by providing an access point that meets City, State and Federal requirements. Third this development will preserve trees, sensitive areas and the beautiful entryway, they address this by building up instead of out in cluster areas to maximize preservation, planting 828 trees and adding tree buffers along the eastern and western borders. Fourth, this development will be compatible and complimentary to adjacent developments and will not adversely impact the surrounding neighborhoods. They address this by satisfying code requirements and working with the City in consideration of all the stakeholders comments and concerns. Becker stated in the end they are here to help the residents of Forest View experience the American dream and to collaborate with the greater community to enhance connectivity in all senses of the word. Becker thanked the Commission for their time tonight and welcomes their feedback. Signs asked about the manufactured homes sitting on fixed foundations and if they would be on individual lots, each home goes with each lot, it is not a lot rental situation. Becker confirmed that was correct. Baker noted that in a previous rendition the manufactured housing was centered more to the middle of the development and the multifamily was to the west. That design proposal went through a staff review and the Comprehensive Plan was amended through a staff review and then after that the plans changed at the staff's direction? Becker confirmed that was correct. Baker next asked about the hybrid commercial area, the staff report (on page 5) states staff supports the proposed hybrid commercial zoning for the following reasons—and the fourth reason is the economical viable commercial zoning helps facilitate the construction of critical flood mitigation... is it Becker's position that this project absolutely has to have a commercial component or the entire redevelopment is not feasible. Becker confirmed the commercial area will help offset the costs for constructing the homes on the west side. Baker asked if the whole area was planned as a large residential area it would still not be financially viable. Becker confirmed that was correct. Baker asked about the North Dubuque entrance, along the interstate there will be signage (hotel, gas station available), but once a car makes the turn there is no additional signage along North Dubuque Street. Becker stated it is their intent with the retaining wall that is represented will allow for the commercial uses to have their logos inscribed on that wall. Baker next asked about lighting for the gas station, there was some provision about allowing an electronic sign that is standard with most gas stations, when he looks at the lot layout for the gas station, two 20 -foot signs one is right on the corner so he asks at what point someone driving down North Dubuque Street would they see that sign. Becker said there are a couple solutions, the sign will be seen from the interstate but more likely someone will use their phone to GPS it if they don't already know the gas station is there, those that live to the west will know it well and obviously know where to go, and those coming from the city will also be familiar with the area as Planning and Zoning Commission February 21, 2019 Page 13 of 23 well. Baker understands many want a gas station in that area however he is concerned how it can possibly be a viable business there and maintain the green treescape entrance way into Iowa City. Baker asked if a gas station is necessary for the viability for the overall development and Becker confirmed it is. Martin asked if it was possible to get a spec of one of the homes with all the finishes details. Becker acknowledged he would get that information to the Commission. Hensch said one of the efforts in the area is to include a diversity of housing types and populations of people that can live there and the senior housing area still seems to be optional and asked if Becker could elaborate on the decision making of if that area will go to senior housing or just be multifamily. Hensch noted there is a lot of interest in having a diversity of ages in housing living in this area. Becker stated it is their intent to have full -care senior housing provided in the facility so each of those buildings will have various dedications, one to senior living, one to assisted living and another to memory care which is also why there is a difference in number of levels in each building. Therefore it is built with the intent to market it to senior living. Martin asked if they had someone in mind to purchase the senior living areas or if it would be fresh marketing. Becker said about a year ago they went out to market with the area and had interest but as things have been deferred they have had to postpone conversations. Hensch was happy to hear about traffic calming devices on Forest View Lane, and he really likes the traffic circle, he feels it is a very long stretch of road and livability for families is one of his priorities and keeping traffic slow. He noted one of the staff's options in the memo was maybe to put raised beds in that road and wondered if the development team thought that might be an option. Becker acknowledged it is something they would be open to. Hensch questioned outlot D, the proposed public space essentially for the people living in the manufactured housing neighborhood and also looks like there is some open space for recreation in outlot F but he noticed in the plans this time there is no detailing, he acknowledged Becker addressed this in his report that the residents of Forest View would make the decisions but Hensch would feel more comfortable to see something of the tentative plans for the space. Becker said they can follow up with the co -applicants and gather information for the next meeting. Dyer questioned the 828 trees they will be planting and when they will be planted. Becker said the trees will be planted as the areas are developed. As far as how they are looking to develop they will follow the road and infrastructure development. Forest View will be built first along with the initial commercial lots along the east side. Dyer said ordinarily when the Commission approves OPDs they see elevations of buildings showing the materials and use, they see recreation areas delineated with picnic tables and play equipment and they have sent OPDs back to developers to provide that information so she is concerned there is a lot of "trust me" in this proposal, there are no building elevations, no play equipment, no picnic tables, and it is a huge area of the city they are asking the whole city to accept. Becker said with respect to that there will be two agreements they will be signing with the City, one is a Conditional Zoning Agreement and the other is an Affordable Housing Agreement which will include the stipulation the developer has given $100,000 for play equipment for the recreational space to be decided upon by the homeowners. The Conditional Planning and Zoning Commission February 21, 2019 Page 14 of 23 Zoning Agreement will hold the developer to the design standards stipulated in that agreement. Russett noted that in lieu of the elevations staff has been working with the applicant to identify some additional design standards and design guidelines which will be included in the Conditional Zoning Agreement, so if there are details missing or additional things the Commission would like to see they wish to see in the Agreement staff would be happy to have that feedback. Martin agrees with Dyer and would like to see the elevations because this area is such a high point of town and feels it is important. Hensch noted that other times when they haven't had specific elevations they have had some articulations about quality building materials, etc. That may go a long way to sway some concerns. Becker noted that Kevin Munson with Neuman Munson Architects has provided some of that detail concerning materials and what they are proposing to build. Hensch stated that would be helpful to see. Townsend had a question about the manufactured homes, some lots are 4000 square feet and some are 5000 square feet and the size of the units are larger or smaller depending on the size of the lots. Will there be a difference in the rate charged for the two different sizes. Becker noted the current rent rate to live in Forest View is $310 and that is what they will charge. Townsend said even through there is a difference in lot size and structure size. Becker noted there is no difference in structure size, only lot size. Baker has not reviewed the transportation study so asked when it was completed, did it take into account the current layout or the previous layout. Becker said it took into consideration this layout, it has more units than what is describe here because at the time it was completed it was 542 units and 530 are represented today. He believes the study was done in the last three to six months. Russett confirmed it was done at the end of last year. Baker asked if would be a safe assumption to say moving the manufactured housing to the west side versus the multifamily you are decreasing potential traffic on Algonquin Road and Mackinaw Drive. Becker confirmed and agreed it is an improvement for traffic in the existing neighborhoods. Baker noted one of the questions raised in correspondence from the neighbors was in design and in the earlier discussions of the multifamily on the west side there was a point made they would be designed to be compatible with or supportive of the existing homes in that area, now with manufactured housing on the west side there seems to be less flexibility on design and compatibility. Becker said that will be best answered by providing the specs of the manufactured housing to the Commission. Dyer asked if Flint Drive and Algonquin Road are 50 -feet wide. Becker said it will be Flint Drive and Cole Drive that will be 50 -feet wide and Algonquin Road is 60 -feet wide. Dyer believes those will be the roads that take up the whole Peninsula area traffic when Foster Road is flooded. Becker noted that with Flint Drive is already developed at 50 -feet wide. Ed Cole (620 Foster Road) is one of the owners and developers and noted this project will be right in his front yard and he is thrilled. He said they have watched these families raise their Planning and Zoning Commission February 21, 2019 Page 15 of 23 families in Forest View for three generations and everyone has stayed together. This project has a lot of "not in my backyard" philosophy going on and it hurts, this project should be a pilot for the rest of the country on how to incorporate affordable housing into a development. Hensch asked how many lots are in the current mobile home park, how many occupied mobile homes and dimensions of the current lots. Cole said the current lots at Forest View have 16 units to an acre, which when built back in the late 40's and 50's the home sizes and lots sizes were small, and there were no requirements so they flooded as many in as could fit. He feels the average lot size would be 30x60 (1800 square feet). There are currently 155 mobile homes in the park on 16 acres. Dyer asked for the reason for reducing the number of manufactured homes from the number of occupied homes now. Cole said just the allowable space, back when the current park was built they put 16 units per acre and today's laws state 8 units per acre. Dyer asked why though if there are currently 92 occupied units why are they only proposing 57 in the new location. Becker noted there are several goals they are trying to accomplish and one of which is preserving the trees and in order to preserve the trees and wetlands and provide the homes in the correct lot size they were limited in terms of space. Also in providing the green space area and 300 foot sound buffer added to the constraining factors. Dyer noted that presumably they could use more land to put more manufactured homes on to correspond with the number needed rather than the multifamily uses. Signs acknowledged that a number of the families are planning to move elsewhere and per the relocation plan will receive money for doing so and not all the 92 families are planning to stay Becker confirmed that was correct. Baker thanked Mr. Cole for working with the City as much as he has over the years and acknowledged if they agree about anything at all if this proposal goes forward it will be a remarkable improvement in the quality of life for a lot of people who are living out there right now and he should be commended for that. Wilfred Nixon (802 Tranquil Bluff Trail) lives just off Mackinaw Drive, he has lived in Iowa City, although not on Tranquil Bluff Trail, for 32 years. His primary concern with this proposal is the traffic. The study indicates the traffic along North Dubuque Street will increase by 15,000 vehicles a day as a result of this development buildout. The only reason for that is because of the development. Those vehicles will not just be on North Dubuque Street, they will be coming down Forest View Drive and that is an awful lot of vehicles and it will not be uniform during the day and they can envision many hours during the day when they will be seeing a 1000 vehicles an hour on Forest View Drive which is an awful lot of vehicles. It is 15 or 16 per minute, they currently don't see that sort of traffic level anywhere in this part of time, and the roads even as proposed are in no way able to handle that much traffic. And while he agrees with the need for traffic calming it will make the problem even worse. There are two things that can happen here, either they get that much traffic and they get what they might call charitably call a "hot mess" or they don't get that much traffic and the commercial entities fail because they don't have enough customers. He doesn't see a way to generate a win on this, the area is simply not able to take in 1000 vehicles per hour. Secondly this additional traffic will accelerate the need to rebuild the I- 80 interchange in about 11 years. Such interchanges typically cost several million dollars and the time value money of several million dollars over 11 years is quite a lot of dollars and it was mentioned those dollars would be an agreement with the City of Iowa City and the State, but it is still our money and is a lot of expense. Nixon questions what they will get for that money, Planning and Zoning Commission February 21, 2019 Page 16 of 23 sometimes they get good things from development, here we are going to get a gas station. He has not noticed a lack of gas stations in and around Iowa City. They are going to get some fast food restaurants, we already have some of those as well, they are going to get some hotels, the city already has a few of those too. He is not seeing anything here which is sufficiently unique to cost the City several million dollars over 10 or 11 years in terms of time value of money and 1000 vehicles per hour on a two-lane road. Given that he asks the Commission to reject the proposal as it stands. Donna Davis (1205 Laura Drive, #95) has lived in Forest View with her husband since 1986. When they first moved there it was with the intention of living there for a few years and probably saving enough money to buy a home but somehow homes were never affordable enough for them to buy and time went on and they have now lived there for over 30 years and probably would continue to live there but their trailer is falling apart. It is a 55 year old trailer and probably only built to last for 25 years. Davis acknowledged that most of her neighbors are in the same situation, the trailers are literally falling apart, falling in on their heads. Three years ago when this whole process started she doesn't think they had any idea it would take this long and they are coming to learn three years isn't that much time in the life of a city but in their lives with their old trailers is it a lot of time. Davis stated these are good people in this mobile home park, they are all neighbors in the true sense of the word, they take care of each other, they look out for each other, they are hard-working people and want to keep the neighborhood together because they are their own support system. For the people that have children they are currently in a school that is very good for them and they just want to stay together. Davis noted they are so pleased that developers are willing to give them this opportunity, for some of them this may be the only chance they ever get to own their own home and any study can tell you how important that is for people. She feels at her age this is the first time in her life she has felt housing insecure and she doesn't like it a bit. She asks the Commission to give consideration to passing this proposal. Jillian Nagle (751 Mission Point Road) wants to voice two concerns she has with the proposal, one is traffic which has been brought up a lot, but her main concern lies on Algonquin Road, there are lots of cars parked on Algonquin Road and especially in the winter it is very hard to get through and you typically have to play the jogging game with people coming the other way. With this additional road, Forest View, anyone coming from the north is typically going to be turning onto Forest View rather than going to Foster Road, it just makes more sense, which then would bring the traffic through Algonquin Road, partially because Flint Drive is going to be a smaller road as well, her concern is the additional traffic on Algonquin Road and the street being able to withstand the two-way traffic there. Her other concern is regarding the good neighbor meeting, which Becker mentioned was in December 2017, she personally doesn't remember having an invite to that meeting and she has been in her home since 2013. She did note at that time, in 2017 she didn't have an issue with the plan so maybe she was invited and didn't attend. The plan was changed in April 2018 and neighbors were notified in April of the plan change but have not been invited to a good neighbor meeting with the developer since. Nagle acknowledged the developer has done a fantastic job of including the affected residents of Forest View but the neighboring areas have been left out of the planning and voicing their opinions. Sulay Flores (1205 Laura Drive #80) (via translator) has been a resident of Forest View for five years, her husband has lived there for 10 years already and we have realized that it is a community, a neighborhood, it is well located, it is accessible, it is centrally located and they are reasonably priced living quarters, homes to live in, it is a very quiet and calm neighborhood. In the last few years she has lived there she appreciates that none of the other neighborhoods or communities have been affected so she believes it is a development that can be possible like Planning and Zoning Commission February 21, 2019 Page 17 of 23 folks like herself that are lower income and they can share so they can obtain dignified living because all of them have opportunities to get better and improve themselves in all aspects. And in especially and in particular with improvements to housing which is a right we all have to do for ourselves. Javier Laguna (1205 Laura Drive #63) (via translator) lives in Forest View and has lived there for more than 10 years. He is in complete agreement the Commission should approve the development given that it is an opportunity for himself, his family, his children, it is close to school, it is close to shopping and it is close to his job. And this is a brighter future for my family, my children and myself. When he cannot be there for his children he knows he has a community where he lives, his neighbors, who are very good people, they all know each other and have lived there for many years. The home would be a dream come true and this would be a great new future for myself and my family, for my children so they have a place to live and call home. Marcial Utalo (1205 Laura Drive) (via translator) has lived 15 years in Forest View, he has raised his family, his children, there. Forest View is very calm, it is a quiet neighborhood, in addition to that it is a part of his heritage in this community, and he knows all of his neighbors as said previously. When he cannot get out of work early, or doesn't have someone to take his children to school or pick them up from school he calls a friend and they will pick up his children. In addition the schools are close by, work is close by, and practically this is a good development and he believes it is a great opportunity to have a home, a dignified home, with a rent that is reasonable and affordable and in addition this development will be an improvement to the City. It is true that we aren't that many people in this area but he believes the people that oppose or refer to traffic every September when football season starts that street is always completely maxed out and he has not seen anyone protesting because there is too much traffic. He believes it is ridiculous to believe the people who live in Forest View or in the at -large community will create too much traffic on those streets. Sara Barron (Executive Director, Johnson County Affordable Housing Coalition) is here tonight with the support of the Johnson County Affordable Housing Coalition Board of Directors and members to speak in favor of this project. They have several reasons to bring to the Commission's consideration. The first is these new homes being proposed are permanent homes for single family households to have something beyond their current living conditions. While they are being called manufactured homes and there are distinctions there, these are permanent homes that will be a great improvement in quality of housing for Forest View residents. The proposal keeps the existing neighborhood together and the residents of the community have said that is a priority for them and the Coalition supports them in naming that as a priority. Barron notes Iowa City says they are a City that values inclusion and this development gets us closer to that goal of including many different housing types and family types in all the neighborhoods. For those who have been present for the many iterations of these conversations you know while people's arguments may have gotten more sophisticated that when people first came to respond to this project it was very difficult for them to hide some of the biases that were influencing their objection to the project. Barron stated that the City will need innovation in order to solve the housing problems, so while yes there are some lot size waivers and some things that are being asked for, but while we move toward that goal of what it looks like to create more housing options we need Planning and Zoning to invest in more creative solutions like the ones that are being proposed through this redevelopment. Barron notes this development stands out because the residents have been so involved in the planning process and we can be assured they may not be getting what they want because they are able to say very clearly what they want and they are getting their needs met from this project. Therefore we can set aside any of our Planning and Zoning Commission February 21, 2019 Page 18 of 23 own concerns knowing the residents have been outstanding advocates for themselves and they have asked so many questions and have pushed for solid answers to those questions and Barron trusts them and he work they have done with the developers. Barron stated that if one were to look at some of the adjoining neighborhoods many of those home have very small green space allocations and lot sizes so really what is being proposed is not outside of the character of the neighborhood and general development of that area. Finally there is a plan in place to take excellent care of this neighborhood and urges the Commission to listen to the residents when they say they are ready to invest in this neighborhood and not let people suggest it may detract from the quality of the overall neighborhood because we know they are about to greet some really outstanding new neighbors. Margarita Rodriguez (1205 Laura Drive #121) came to Iowa City in 1990 and has lived in Forest View for 29 years now, her kids grew up there, they all went to school, elementary, junior high and high school, they all graduated and she is very proud of them. Rodriguez believes Blackbird and the owners are doing a good thing for the residents, she has lived in #153, moved to #74, moved to #91 and now she lives in #121. She says to get this project going, get the half glass to a full glass and have everybody with enjoyment. She has never had such an opportunity, when she first got here she saw a sign that said "rent to own" and when she called that number and said her name the man immediately said he didn't think she was qualified. Now she is really being given this opportunity to rent to own, please let her take it, please let her have a good home, it would be so great. What the Commission does and decides will matter, it is a choice and she will be very glad when they make that choice. With regards to traffic, she has lived there 29 years and football, basketball, performances, people don't slow down, she drives through there and follows the speed limits (25, 35) and sees cars not following those instructions. She asks the Commission to consider this and continue with the project as she would like to be part of it. Margarita Baltazer (1205 Laura Drive) (via translator) is the president of the Forest View Association, this night, the community of Forest View is here tonight, so that the Commission will hear the concerns from the community. This project is super important for all of them, this project is for lower income, it is a project or development for a dream for many of them, for their children, for people who have lived there for more than 30 years. You can drive by their neighborhood and check out their homes, you'll see them, hers is kind of okay but she does go to sleep and wonder what is going to happen to her home, how much more time will she have here, will it fall down, what is she to do with her children, how will she move herself to get to work. What will she tell her children, please take into consideration our children, they have dreams of having a home, a more dignified home, they all work with dignity to earn their money and pay their rent, they know this development has been very long but thanks to their community, they got organized, they spoke up, to say they want something better for themselves. They have sat down with the developers and presented their needs and concerns and have worked collaboratively, every month they have meetings and every month they have hope to give their children a better home. Baltazer noted she is a single parent, she wakes up every morning with energizing hope that she can get a better home for her child, her daughter. These homes are affordable, she can afford this home, she cannot afford any other place, they are too expensive, because she is also thinking of her daughter's future, going to university and the support she wants to provide there. If the Commission allows this development to go through you will allow the parents to dedicate more time and more money to invest into the future of our children to be university graduates. Her child and the children of Forest View are the same children like any other place and they deserve a dignified home. Planning and Zoning Commission February 21, 2019 Page 19 of 23 Martin is curious how the residents of Forest View feel about the addition of the highway commercial area being proposed. Baltazer said the commercial part is an opportunity for the residents as well because they can have employment very close by, they will have more opportunities to work very close to home and maybe not even have to drive. She also added the school is super close by for the children. Rafael Morataya (1556 1 st Avenue, #C) is the Executive Director for the Center for Worker Justice and noted this project started before his time in the City, three years ago, and the residents have been really patience for the last three years, they have been organizing, created a tenants association to defend and understand the concept and to set a precedent for the City. The Center for Worker Justice has trust in the developer who is from Des Moines, for this project. Morataya doesn't believe the City has done a project like this before, especially to have 57 affordable housing homes. This will help 57 families, they will own homes after 15 years. This is a unique opportunity for the City to set an example for the State as a whole. Morataya presented signatures from a meeting held at the Center today for support. Chris Traeger (700 Mission Point Road) wanted to touch on something he heard from Baltzar that they have been meeting monthly with the developers and he was not aware of this and noted this has been how the entire process has been with their neighborhood, very limited information has been passed along to them, they rarely hear about meetings. It is interesting to him the developers are taking time to meet with the Forest View residents but not taking the time to meet with the surrounding neighborhoods that are being affected. Gustavo Caro (1902 Algonquin Road) (via translator) is the president of the Homeowners Association at McCormick II Condominiums which are the houses that in front of the future development. He wants to continue on something Traeger said regarding the conversations the developer has had with the various neighbors and why the neighbors in front of the development have not had any meetings with the developers of any kind. They have met with the neighbors from Mission Point on a number of occasions and many of them have different types of concerns and questions and would like to have the same treatment the other people have had with respect to transparency. It would be a good idea if it would happen after this meeting so the outcome of this development would be positive for all. Caro noted it is being said at this meeting one of the objectives is to incorporate more people that are in close neighborhoods which he believes would be important to start a new relationship with the neighbors and start dialogue and not place one group against another. As a person that lives in the neighborhood, he would like more details with respect to the traffic, which he doesn't believe it is a silly topic when there is parking issues with cars parked on either side of the street in both directions. Mission Point also has areas where parking only is allowed on one side of the street so there are really problems with the flow of people that come and go in terms of traffic and they need to address parking spaces in terms of circulation for ambulances and emergency vehicles and such. He has not heard any solutions in respect to those issues. In conclusion he noted there are some positive things they have heard, but there is more work to resolve other concerns, doubts and problems in other various neighborhoods that have not been invited. Beth Pruessner (5 Knollwood Lane) her home is in the small neighborhood south of outlot A and there has been lots of great discussion tonight, she appreciates Baker's questions about the gas station, they do appreciate the outlot A but do have concerns it will not be enough of a barrier between the gas station and the homes in her neighborhood. At the last meeting she thought the discussion of the buffer would be an acre but tonight is has been said to be 40 feet and is curious if that changed. Planning and Zoning Commission February 21, 2019 Page 20 of 23 Russett replied that the 40 feet is a wooded buffer along the east side of the project area, along North Dubuque Street, the acreage of outlot A is different. Pruessner would also like to request to be invited to development meetings as well to hear the great discussions. She stated they do have great concerns about the gas station in lot 1 and propose it be flipped with lots 2 and 3 and be on the other side of the road and keep the fumes and lights and traffic over there. Deb Heiken (4 Knollwood Lane) she is in the northern most house in the Knollwood development and her property line will go from 65 feet from outlot A to 260 feet on the other side. As far as she can determine her bedroom window will be 200 feet from the proposed gas station we she noted they can all agree no one would want to live like that. She questions the absolute need of a gas station in this development. If there absolutely has to be a gas station then to flip it with lots 2 and 3 so at least they don't have that 24/7 lights, noise and fumes. She would much rather sleep near a restaurant that will close at some point. The other concern she has is what the future development potential is of outlot A, will it always just be trees or down the road if they need more commercial footage could they turn outlot A into something. She noted there is a lot of trust here and hard to know what will happen down the road. She asked the Commission to take into concern the rest of those living next to the commercial area. It is great for what they are doing for all families in the mobile home park, but the commercial area is of a concern. If it must be done, could it be without a gas station it would be appreciated. Martin asked how long Heiken has lived in her home. Heiken replied 23 years. Signs asked how far away Heiken's house from Dubuque Street is, say in comparison to lot 1. Heiken is unsure, but they are setback from Dubuque Street. Alberto Perez (1205 Laura Drive) (via translator) stated he would be very brief because he knows the Commission is tired and told us not to repeat ourselves. On this day, realistically, as with all the other meetings they have had they come up with the great big conclusions and decisions that affect societies in all of the country, not just Iowa. If this development works out as we believe, and as it is being planned out, this will be a very big project and rewrite history because many other people will want to repeat this project in other parts of the country. He is an artistic type of a guy, he paints portraits, he can do many things with his hands but one thing he cannot do is tell people what to do, but he is very good at observing. When he came to Iowa City and lived in Forest View he thought he would only live there for a few months, but saw the neighbors were very calm, tranquil neighbors. He comes from Los Angeles and comparatively this area is super tranquil and super calm, the people of Iowa are very noble and he liked and fell in love with this place. When this development came about the residents were told the delay would be about a year, 12 months, he was trilled, he didn't participate but then the year came by and nothing was done and they were told "next year" and while he continues to be happy knowing it was all being taken care of. Now he has completely changed his opinion because he has become aware this has taken three years, maybe going for another few months, but this guarantees that things are being thought out carefully and well done, details are being managed well, people who are managing this are being careful and thinking things out carefully. That is what made him change his mind and he will participate more in this process, he does not want to seem sarcastic or critical of things that have not been done well or things that could have been done better, he is very secure and certain that all of this time that everyone has taken, and even more time if you want, and the patience of the developers everyone will do a fabulous, grandiose development. He does not want to tell the Commission where it is okay or not okay but want he Planning and Zoning Commission February 21, 2019 Page 21 of 23 wants to tell them, whatever they need that he can contribute to, he will do so. He will take his time to help, if he is needed to help complete this project, he is bilingual and translates at the hospital for patients. He is speaking in Spanish this evening and using a translator to make sure exactly what he wants to say is being address correctly and understood. Martin asked how long Perez has lived in Forest View. Perez replied four years. Angelica Ortiz (1205 Laura Drive) (via translator) has lived in Forest View for 23 years, her boys were born there, and the Cole family has been a blessing because they have always taken their time so the children always have a place to play sports, learn, learn about God, gone to school and don't want to move from there, all their friends are located there, many of their friends have been born and raised in Forest View. Many families have moved in and moved out of Forest View, many of the children that have moved out have fallen into depression and fallen into bad ways, including some of her neighbors, she doesn't want that to happen to her family. The Cole family is always keeping an eye on everyone, they know if the children are in the park too late and tell them to go home, they take care of our children. This is why Ortiz has been very comfortable living in this neighborhood. She noted her home is very small, she has three boys and there is only two rooms, they need an extra room and it would be a blessing to have a new home that is larger. Her home is old, with all the changes that are happening and possibility of a new home, they cannot fix anything in the old home, it is all on pause. For that reason she asks the Commission to please approve so the families can have new homes, everyone just wants better homes for their children. Alberto Ortiz (1205 Laura Drive) stated he was born and raised in Forest View, he goes to City High where he will graduate this May. This development is about the American dream, it is his families first opportunity to own a home, it has been a discussion of theirs for a while and it might finally come true. This brings opportunities to work close to home, it brings amenities to the neighborhood, the traffic and commercial is all to the east and the residential is to the rest. He asked for the Commission's support. Sandra Garcia (1205 Laura Drive) has lived in Forest View as long as she can remember, probably 20 years (she is 21) and would like to see this development go through, the family keeps growing. Like others they live in a two-bedroom home and the family is getting bigger and she would like to see her future children grow up as she did in this great community. Cindy Onnen (1205 Laura Drive) has lived in Forest View for 45 years, she has raised her children and her grandchildren in her mobile home. It is a very special place for her, it is very difficult to think about moving but the current shape of court is changing. She has seen homes go from 8 -wide to 10 -wide and replaced with 12 -wide and 14 -wide and now the trailers almost touch each other because they go so much bigger. She knows she needs to move and that the day would come, they all need a new place, they are outdated in many ways. She has been fortunate to meet many people there of many cultures, economics and religions. She has helped children, she has helped the elderly, the community is her home, and she cannot imagine living anywhere else. The importance is more to her than some because it is home, it is a community that looks after each other, they look out for the disabled and the elderly, and they care for each other. People come back to visit the place, to see how it's changed, it is very special for a lot of people. People have chosen that community to live in and cannot imagine to live anywhere else. Roberto Garcia (1205 Laura Drive) (via translator) has lived in Forest View since 1998 and just as all other have provided a short statement he agrees with the comments. They are all a community, if one asks for a favor, they all help each other. He knows his neighbors, the Planning and Zoning Commission February 21, 2019 Page 22 of 23 children call them their adoptive grandparents, because they have been there for such a long time. He does not believe it is a complicated issue with the traffic, from Foster to Dubuque and would like for the Commission to support the planning that is taking place for the homes and support our families. Hensch closed the public hearing. Parsons moved to defer REZ18-00013/SUB18-0006 until the March 7, 2019 meeting. Townsend seconded the motion. A vote was taken and the motion passed 7-0. CONSIDERATION OF MEETING MINUTES: JANUARY 17, 2019 & FEBRUARY 4, 2019 Townsend moved to approve the meeting minutes of January 17, 2019 & February 4, 2019. Parsons seconded. A vote was taken and the motion passed 7-0. PLANNING AND ZONING INFORMATION: Russett gave an update on the proposed rezoning at 2130 Muscatine Avenue from commercial to residential which was denied by the Planning & Zoning Commission went to Council earlier this week and they have requested a consult with the Commission. The Council is proposing March 12 at 5pm. Baker noted he feels bad about that vote saying using the criteria of not holding a neighborhood meeting is not correct since Code does not require such meeting. It should not be held against the applicant. The Commission agreed to the consult meeting on March 12. Russett also noted the proposed text amendments for Title XIV was passed and adopted by City Council at the meeting on Tuesday. Russett knows the Commission had concerns about the change for the language regarding liquor and Councilman Cole had the same concerns and voted against the amendment but everyone else was in favor so it was approved. Adiournment: Parsons moved to adjourn. Signs seconded. A vote was taken and the motion passed 7-0 m 0 N ao 0 N T N x X I X X X x I X xx x='xx O X N I 1w T X O I x x x x x �xx xoXx x C Nxx T xxxx W O oo I oox T x x x x x 0 C4 ><0 I X x x X x 1 CD xo xxxx x x 0 X x x x X co 1 9n X XXxX X X x x X x O to; � X X x X X X X I x x X x x x x LO X 0 X X X X x X X X X X X X XXXXXXXIN` a) U-0 W W W W a>-JZWW�-�O 25 J00 c Q Y O �wO Qz J, ,6 afn z 11 II oUY2ZZMQ WO- UFOUAW W W n ii L`J 1X00 ' Y W W z w z Z W mawmMIL n1=--0 Item Number: 17. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org March 7, 2019 Public Art Advisory Committee: January 10 ATTACHMENTS: Description RUNIC Art Advisory Committee: January 10 PRELIMINARY MINUTES PUBLIC ART ADVISORY COMMITTEE JANUARY 10TH, 2019 — 3:30 PM LOBBY CONFERENCE ROOM — CITY HALL MEMBERS PRESENT: Vero Rose Smith, Steve Miller, Ron Knoche, Juli Seydell Johnson, Andrea Truitt, Eddie Boyken NOT PRESENT: Wendy Brown STAFF PRESENT: Marcia Bollinger, Erika Kubly, Kumi Morris PUBLIC PRESENT: Tim Adams, Sherry Adams ELECTION OF OFFICERS: CHAIRPERSON AND VICE CHAIRPERSON Marcia Bollinger asked the Committee if any member would like to nominate a chairperson. Juli Seydell Johnson nominated Vero Rose Smith as chairperson. Andrea Truitt seconded the nomination. Motion passed unanimously. Bollinger asked if any member would like to nominate a vice chairperson. Ron Knoche nominated Steve Miller. Rose Smith seconded the nomination. Motion passed unanimously PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA There was no public discussion of any item not on the agenda. CONSIDERATION OF MINUTES OF THE DECEMBER 6, 2018 MEETING Knoche moved to approve the December 6, 2018 minutes. Seydell Johnson seconded. Motion passed unanimously. CITY HALL LOBBY STAIRWELL ART PROJECT: TIM ADAMS Tim Adams stated that there are a couple of items that still need to be decided regarding the City Hall lobby project. Adams asked the Committee if they want to be able to make the lighting behind the piece multi -colored and if they want to be able to adjust the color as they see fit. Adams also mentioned that Committee members has requested that the light be dimmed as well, which Adams stated could be done. Adams stated that the blue color had been selected initially because it tends to reflect well and evenly, but that the color can be changed whenever with the new multi- colored lights. Adams stated that the multi -colored lights carry extra wattage and will cost more than the individual color lights. Seydell Johnson stated that she believes the Committee should chose the multi -colored lights for the sake of having more options. Bollinger stated that the subcommittee met and had also decided multi -colored lights are the best choice. Bollinger stated that some people had also asked if the color of the lights could be dimmed and softened. Adams responded that he can configure the LEDs so that they are more evenly spaced, which would dictate the distribution of light on each panel. Bollinger also asked if there is a chance there could be more color options to choose between. Adams replied that yes, that is possible. Bollinger asked if there is a white light option currently. Adams replied that there is not a white light option as that would require an additional set of LEDs, and that the closest the multi-colored lights could get to a white is a washed-out light blue or yellow, Adams asked Bollinger if she had requested there be more branches featured in the piece. Bollinger responded that she had but the specifics of how they appear are up to Adams. Adams suggested several ways by which they could achieve a stronger branch patterns. Adams mentioned that he had designed the dates to be cut thinly and appear subtly. Bollinger asked the Committee their thoughts on the dates because at one point they had decided that they did not want the dates to be too obvious. Seydell Johnson mentioned that she likes how they are designed because it will allow people to discover them the longer they look at the piece. Bollinger stated that she agrees, and therefore thinks they should be designed smaller. Adams stated that the smallest number he can cut with accuracy is about an inch and the smallest thickness is around a sixteenth of an inch. Bollinger asked if the dates could be engraved. Adams responded that would be possible but difficult because the pieces are so large. Vero Rose Smith asked if the Committee needs to approve the plan. Bollinger responded that, yes, the Committee needs to approve the plan as presented or with some approved contingencies. Adams asked the Committee if they have any changes they would like to make to the plan before it is approved. Adams mentioned that there were some questions about the way the flaps of metal are cut to mimic the shagbark hickory. Adams stated that he had formed the U-shape by pixelating and vectorizing a photo of shagbark hickory until it had simplified into that abstract shape. Adams ask the Committee what direction they preferred the metal flaps to peel away. Bollinger mentioned that there may be more light coming through the piece if they peel away from the bottom. Rose Smith agreed that she likes the way it appears in the sample because it allows the light to come through. Adams mentioned that he had also designed a way to allow the panels to be removed for cleaning of them and the wall. Bollinger asked Adams to tell the Committee about the transformer. Adams informed the Committee that the transformer should be about the size of one used for outdoor light landscaping and gave the Committee details on how the wiring could be run through the piece. Adams also gave details as to how the piece would be mounted on the wall. Seydell Johnson motioned to approve the design as shown on Tim Adam's plans. Knoche seconded. Motion passed unanimously. PUBLIC ART PROGRAM FUNDING PROPOSAL DISCUSSION Bollinger provided the memo presented to the City Council on December 18, 2018 by Thomas Agran and mentioned that Agran was encouraged to do so before the Council started formal discussions regarding the budget. Bollinger stated that it was unclear during the presentation whether the memo had been reviewed by the Public Art Advisory Committee and at no point had anyone said the memo was formally adopted by the Public Art Advisory Committee. Bollinger stated that the Council did discuss increasing the Public Art budget by $25,000 for the next fiscal year. Bollinger stated that the City Manager and the Council members would like to see a strategic plan from the Public Art Advisory Committee prior to making the final allocation of funds. Bollinger stated that she is confident the Committee or a subcommittee could draft quickly, given the number of materials already created for this purpose. Bollinger stated that she thinks there needs to be correspondence with the City Council that suggests that the memo did not receive the full approval of the Public Art Advisory Committee but that the Committee plans to create a strategic plan to present to the Council in the near future. Seydell Johnson stated that she would add that it is not from the funding source as recommended, but from the fagade-change program, a program where Downtown and North Marketplace businesses can apply for loans for half the expense of making fapade improvements. Seydell Johnson stated that it is part of Economic Development funding, rather than the Hotel/Motel tax, because they wanted a more sustainable long-term source of funds. Seydell Johnson asked if it was necessary for the Committee to specify that Agran is not a member of the Committee. Bollinger replied that they can specify that the Public Art Advisory Committee will take the lead. Seydell Johnson suggested mentioning that the Committee will be working in conjunction with Thomas Agran. Seydell Johnson also mentioned that she understood that Council was also interested in the funding being used more widely throughout the community rather than being focused within Downtown, so the idea was that the Downtown would have its own funding for art and that this funding received by the Committee is to be used elsewhere, to encompass all the other neighborhoods and districts. Rose Smith asked what the timeline on producing the correspondence with Council would be. Bollinger responded that the sooner the better. Knoche stated that his understanding of the situation is that the $50,000 will be a part of the budget proposal that Council will move forward with, but that the money will not be able to be allocated until the strategic plan is developed by the Committee, and that the strategic plan not only has to address public art but also the Council's strategic plan that they have in place. Rose Smith stated that a subcommittee had already been formed to discuss funding earlier, composed of Steve Miller, Eddie Boyken, and herself, and that they could continue that subcommittee. Knoche stated that it is important that the strategic plan drafted by the subcommittee comes back to the Committee before it is presented to Council. Bollinger asked if a motion needed to be made for the Committee to communicate with City Council regarding the status of this situation, because she feels that it would be wise to inform Council that the memo did not come from the Public Art Advisory Committee, that the Committee is appreciative of Council's consideration to increase the budget, and that the Committee will also be working on a strategic plan to present to Council. Seydell Johnson stated that her understanding is that Council would like the strategic plan to be presented to them in a work session, which she believes the full Committee should attend. Rose Smith confirmed that the Committee needs to make a motion to approve that the Committee did not create the proposal, explain in a correspondence to the Council that the Committee has formed a subcommittee to continue forward with this initiative, and that the Committee will make another presentation to the Council in a work session after the Committee has completed and submitted a strategic plan. Seydell Johnson stated that she would add that once the subcommittee has drafted the strategic plan it will be brought to the full Committee for approval. Seydell Johnson motioned for staff to create a memo based on the points previously stated by Rose Smith to present back to the Council. Boyken seconded. Motion passed unanimously. Steve Miller arrived at 4:20 p.m. COMMITTEE ANNOUNCEMENTS OR REPORTS: There were no committee announcements or reports. STAFF REPORTS: Bollinger stated that information about Poetry in Public was sent out prior to the holidays and that the deadline is February 1. Bollinger asked the Committee if any member was interested in serving on the Poetry in Public Selection Committee this year. Rose Smith mentioned that she volunteered last year and enjoyed the process. Bollinger mentioned that she will try to arrange the meeting before Spring Break, that it usually occurs on a weekday and lasts around two hours, and that the selection committee usually meets at Prairie Lights. Bollinger mentioned that there are usually representatives from the University of Iowa, the UNESCO City of Literature Board, the Iowa City Public Library, Prairie Lights, and Iowa Book. Truitt volunteered to serve as representative from the Public Art Advisory Committee. ADJOURNMENT: Knoche motioned to adjourn. Seydell Johnson seconded. Meeting Adjourned at 4:30 p.m. Public Art Advisory Committee Attendance Record 2018-2019 Key X = Present O = Absent O/E = Absent/Excused --- = Not a member Term Name Expires 5/3 6/7 7/12 8/2 9/6 10/4 11/1 12/6 1/10 Wendy Brown 01/01/20 x x x x x x x O/E O/E Erin Fitzgerald 01/01/20 x x x x x x -- -- -- Ron Knoche x x x x x x x x x Juli Seydell- X x x x x x x x x Johnson Vero Rose Smith 01/01/21 x O/E x O/E x x x x x Steve Miller 02/01/21 x O/E x x x x x x x Andrea Truitt 01/01/22 -- -- -- -- -- -- -- x x Eddie Boyken 01/01/22, -- -- -- -- -- -- __ __ X Key X = Present O = Absent O/E = Absent/Excused --- = Not a member