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HomeMy WebLinkAbout2010-02-16 Bd Comm minutesSb 1 IOWA CITY TELECOMMUNICATIONS COMMISSION FINAL MONDAY, NOVEMBER 23, 2009--5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Laura Bergus, Hans Hoerschelman, Robert Kemp, Saul Mekies MEMBERS ABSENT: Bob Kemp STAFF PRESENT: Mike Brau, Bob Hardy OTHERS PRESENT: Josh Goding, Beth Fisher, Kevin Hoyland, Phil Meany RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Hardy distributed a letter Grassley sent him asking for City support in Mediacom's appeal to the FCC regarding their dispute with Sinclair regarding retransmission consent negotiations. Mekies moved to request that the City write a letter to the FCC expressing a concern for consumers if there is an interruption in service of the CBS channel. The motion passed unanimously. PATV will be closed for Thanksgiving Nov. 26-29 and Dec. 24-Jan. 2. With regards to how improvements might be made to the school channel Hardy suggested that he, Hoerschelman and Goding meet to discuss how parents and school organizations might become involved. Mekies said the parent teacher organizations should be contacted and cautioned against the other access channels taking over the school channel activities. Burges said there is value in producing programs for the school channel regardless of who does it and the Commission should strive to facilitate more programming. Hardy suggested that abottom-up approach be adopted in which the members of the Community Television Group work with community groups and individuals to build capacity. Perhaps a merging of access channels' activities would be productive. Mekies suggested taking funds from the allocation that goes to the Community Television Group each year and offer it to the schools for a teacher stipend. Hardy said the allocation to the Community Television Group has not been used for a while and that will be looked at. Hoerschelman and Hagen said the funding of a stipend could be tried for a year. Bergus said she went to the City website looking for the video voter information and found no information or link to the City Channel website and said most people wouldn't know to go the City Channel 4 website. Steps should be taken to make those links. Bergus said a link to the City Channel 4 content on City Council meetings should be included in the City website's City Council section. Hardy said he will discuss this with City officials. Hardy said there has not been much movement on the federal legislation, H.R. 3724, which seeks to protect local access channels. Mekies suggested the City write a letter. Bergus suggested that if the City Council were to pass a resolution it may carry more weight. Hardy said he will prepare a letter. APPROVAL OF MINUTES Bergus moved and Mekies seconded a motion to approve the amended October 26, 2009 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS Hoerschelman congratulated PATV on their 20-year anniversary. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Hardy referred to the complaint report in the meeting packet and noted the number of complaints was down. Hoerschelman asked if the City Channel had run any public service announcements informing the public of the on-line complaint form. Hardy said has been thinking of producing more PSAs and one on the complaint form would be a logical PSA to produce. Mekies said each complaint represents the dissatisfaction of more subscribers that just the one filing a complaint. Mekies noted the document in the meeting packet on the JD Powers consumer satisfaction survey that showed Mediacom's Internet service is not fairing well. Mekies said the complaint regarding the gap between advertised top speed and actual speed is a cause for concern. MEDIACOM REPORT Hardy said Grassley informed him that he would be unable to attend the meeting due to a need to be in Waterloo. Hardy distributed a letter Grassley sent him asking for City support in Mediacom's appeal to the FCC regarding their dispute with Sinclair regarding retransmission consent negotiations. Hardy said he recommends the Commission wait until the negotiations are further along and if at some point the Commission wants to write the FCC, this letter could serve as a model. Mekies asked who wrote the letter. Hardy said the letter was written by the City of Waterloo. University of Iowa President Sally Mason has also written a letter and other cities have supported Mediacom's effort. Bergus said that Mediacom has claimed that Sinclair is in violation of the FCC's ownership rules and said that if the Commission wants to write the FCC that it should be based on specific claims rather than a more general appeal for the FCC to do all they can to help resolve the impasse. Brau said that the City of Iowa City had filed comments with the FCC a few years back in regard to a larger media ownership proceeding that pointed out the detrimental impact Sinclair's local marketing agreement with the FOX channel had on local news. Hagen asked if Sinclair was dropped if the Quad City channel could be added to the line- up as happened three years ago. Hoerschelman said Mediacom would be unable to do so as they lost a lawsuit on that matter. Hardy said Mediacom has indicated they will seek an injunction to prevent Sinclair from pulling their signal if an agreement can not be reached. Hoerschelman said there seems to be a sense of the Commission to write a letter to the FCC regarding the issue. Hardy said could draft a letter for the Mayor to sign and will circulate a draft to the Commission. Mekies moved to request that the City write a letter to the FCC expressing a concern for consumers if there is an interruption in service of the CBS channel. Hagen seconded the motion. The motion passed unanimously. UNIVERSITY OF IOWA REPORT No representative was present. KIRKWOOD COMMUNITY COLLEGE Meany reported Kirkwood students will be producing a monthly newscast. Other productions include the Involvement Report and the Master Gardner series. Two volleyball games were covered live and one on tape. They were quite successful and more games will likely be covered next season. Basketball games will also be covered. Efforts are underway to tape the Iowa City campus Successful Student Seminars, which work to prepare students for college. Work is also in process on a history of community colleges. PATV REPORT Goding reported that two board member positions were filled at the annual membership meeting. The awards program from the annual membership meetings was cablecast live. The Live and Local program is now 10 years old. PATV will be closed for Thanksgiving Nov. 26-29. The Smartest Iowan show will be taped at the Iowa City Kirkwood campus in conjunction with the Student Life department, which has organized 8 teams for a tournament. The next guidelines workshop will be Dec. 7 at 2:30 p.m. The next board meeting will be December 19 at 7 p.m. PATV will be closed Dec. 24Jan. 2. SENIOR CENTER REPORT No representative was present. LIBRARY REPORT Fisher reported an equipment problem has made cablecasting from the Storytime room impossible. Repairs are expected within two weeks. In November six adult and seven children's programs were shot. The International Mondays and International Authors programs will be carried in the spring. The first of the winter Project Green gardening program series was recently recorded. The creators of the film "King Corn" recently showed their documentary at the library and the discussion section was carried on the channel. Eight productions are scheduled for December. IOWA CITY COMMUNITY SCHOOL DISTRICT Hoyland reported the school board meetings will start to be very long, expecting to start at 7 and going until 11 or 12. The school boundaries committee meetings will be recorded and cablecast. Superintendent Plugge did not respond to Hoyland informing him that North Liberty was making their recordings of the West High football games available for cablecast on the school channel. Hoyland said the district had expressed concern that it would be unfair to carry the West High games if City High was not carried. Many of the high school music programs have been recorded. The City of Coralville provides many West High programs and a volunteer has provided recordings of City High. PATV continues to provide the Education Exchange program. Hagen said if the West High football games were cablecast, it could spur coverage of the City High games. Hagen asked if junior high students are producing video. Hoyland said Northwest Junior High had a video production class at one point, but does no longer. Mekies said the school board and administration appear to recognize the value of the channel when it wishes, but they need to recognize that it is difficult to provide coverage of meetings or events such as the Roosevelt school issue or the school boundary changes if the infrastructure has been neglected. If the school channel suddenly were not present, parents would be up in arms. Hagen asked if administrators inquire into or receive reports about the activities of the Commission and the school channel. Hoyland said the administrative structure with regard to the school channel is not clear and some administrators who might play a role have chosen not to. Bergus said parents are best positioned to pressure the school administration to improve the channel and the Commission may need to do a better job informing the public of the possibilities for the channel. Hoerschelman said he has considered going to a school board meeting and make a public appeal. Hoyland said there is an open discussion at the beginning of each meeting in which the public can address the board. A letter to the editor might also be an option. Hagen noted that letters have been sent in the past and maybe a public appeal would be more effective. Hardy said a more proactive approach by the City by assisting the schools and contributing to the channel's efforts might help the school district see the value of the channel. Hoerschelman suggested reaching out to the parent organizations. Hardy suggested that he, Hoerschelman and Goding meet to discuss how parents and school organizations might become involved. Mekies said the parent teacher organizations should be contacted and cautioned against the other access channels taking over the school channel activities. Bergus said there is value in producing programs for the school channel regardless of who does it and the Commission should strive to facilitate more programming. Hoerschelman said outside assistance from other access channels could develop capacity and skills inside the school district so that over time more could be accomplished by the school district. Bergus said the school district is a nonprofit and asked if there is a City policy regarding the City not doing productions for the school district because they have their own channel. Hardy said he does not want to do work for the school district and said if there was some way the City could help the school district do the work for themselves by using volunteers, faculty, students, and parents to get started and move in the right direction it could become a community force. Mekies said this has been worked on for a number of years. Meetings were held with faculty and at one point it was agreed that there would be a stipend made available for a teacher to oversee student production activities. Hardy said those initiatives lead to the school hiring a staff person who has since been terminated. Mekies said the Commission worked with that person to fund a stipend for a teacher. Hardy said that initiative stopped after the school employee was terminated. Hardy said to fund a teacher stipend would be a commitment for multiple years and that commitment could not be made. Hardy said the City couldn't make a commitment for long-term personnel assignment. Mekies said it would be $500. Hardy said at the time the stipend was seen as start-up funds. Hardy suggested that abottom-up approach be adopted in which the members of the Community Television Group work with community groups and individuals to build capacity. Perhaps a merging of access channels activities would be productive. Mekies suggested taking funds from the allocation that goes to the Community Television Group each year and offer it to the schools for a teacher stipend. Hardy said the allocation to the Community Television Group has not been used for a while and that will be looked at. Hoerschelman and Hagen said the funding of stipend could be tried for a year. CITY CHANNEL REPORT Hardy reported the Media Unit was very busy over the past month. Among the productions were two River Front Crossings workshops, the Police Citizens Review Board forum, the Human Rights Awards, the fire station ground breaking ceremony, a fire prevention week program, a program on hazardous waste mitigation, the McCollister bridge opening ceremony, and a program at the Herbert Hoover Library. The Community Television Service assisted Senior Center Television with a production at the Englert featuring the Generations of Jazz concert. Other productions include a League of Women Voters forum on water quality issues and an episode of the Mercy Hospital cooking show. Among the upcoming productions are programs for the Dollars for Scholars and the Johnson County Community Foundation. Bergus said she went to the City website looking for the video voter information and found no information or links to the City Channel website and said most people wouldn't know to go the City Channel 4 website. Steps should be taken to make those links. Brau said the City Channel had a presence and a link on the City's website that was lost when the City redesigned their website. Bergus said a link to the City Channel 4 content on City Council meetings should be included in the City website's City Council section. Hardy said he will discuss this with City officials. Hoerschelman said the cable TV complaint form should be on the City website as well. ACCESS CHANNELS AND THE DIGITAL TRANSITION Hardy said he is waiting for the legal department opinion on copyright issues. Hardy said he and the legal department have identified the sections of the franchise that need to be changed. Hardy hopes to have all the work finished by the second week in December. Bergus asked if a public hearing would be needed. Hardy said he is unsure. Bergus said subscribers need a 30-day notice as well and said all elements of the process need to be considered so the time frame is not extended any longer than it need be. TRIENNIAL REVIEW Hardy said the service committee section is waiting on a review of some his findings by the legal department. Hardy said he should have an outline ready for the Commission to review at the next meeting. FEDERAL LEGISLATION Hardy said there has not been much movement on the federal legislation, H.R. 3724, which seeks to protect local access channels.. Mekies suggested the City write a letter. Bergus suggested that if the City Council were to pass a resolution it may carry more weight. Hardy said he will prepare a letter. ADJOURNMENT Bergus moved and Hagen seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 7:01 p.m. Respectfull submitted, ~_ Michael Brau Cable TV Administrative Aide TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD July 2008 to CURRENT Meetin Date Hoerschelman Saul Meikes Bob Kem Gordon Ga Ha en 7/28/08 X X X X X 8/25/08 X X X o/c X 9/23/08 x x x x X 10.27/08 X X X o/c X 11/24/08 Did not meet 12/15/08 X X X X X 1 /26/09 X X X X o/c 2/243/09 X' x o/c o/c X Laura Ber us 4/27/Og X X X X X 6/1/09 x x x vacant X 6/22/09 X X X X Mekies 7/27/pg X X X o/c x 8/24/09 X X X X X g/28/Og X X X X X 10/24/09 x x xx o/c 11 /23/09 x x o/c x X 1 /25/10 X X X o/c o/c (X) =Present (O) =Absent (O/C) = AbsenbCalled (Excused) 5b 2 Senior Center Commission Approved Minutes December 2009 MINUTES SENIOR CENTER COMMISSION DECEMBER 17, 2009 ROOM 205, IOWA CITY/JOHNSON COUNTY SENIOR CENTER Members Present: Chuck Felling, Jay Honohan, Sarah Maiers, Charlotte Walker, Nancy Wombacher, Merce Bem-Klug, Michael Lensing Members Absent: Staff Present: Linda Kopping, Emily Light, Michelle Buhman, Susan Rogusky, Craig Buhman Others Present: Dave Dowell, Dianne Day RECOMMENDATIONS TO COUNCIL: None. CALL TO ORDER: The meeting was called to order at 4:00 PM. Jay Honohan chaired the meeting. APPROVAL OF MINUTES FROM NOVEMBER 19, 2009 MEETING: Motion: To accept the minutes from the November 18, 2009 meeting as distributed. Motion carried on a vote of 7/0. Wombacher/Lansing. PUBLIC DISCUSSION OF ITEMS NOT ON THE AGENDA: Dianne Day attended the meeting to report on the Curriculum Committee. She told the Commission that her committee partnered with David Gould to create a class on successful aging, which involved 40 -50 university students and about half as many seniors. The group met for three sessions with discussions led by students and seniors on various topics about aging successfully. Day described the interesting intergenerational discussion that took place, and noted that several university students and senior par6apants have remained in contact with each other after the class. Day also described a series of programs called Conversations for Change that was planned in cooperation between the Senior Center, Human Rights Commission, Iowa City School Board, Women's Resource and Action Center, and neighborhood organizations in Iowa City. The Senior Center is hosting the Senior Center Commission Approved Minutes December 2009 program in February 2010 and was involved in the programs that were held throughout the community last summer. Each session involves a dialogue group that discusses a certain topic for about 90 minutes. Day welcomes and encourages anyone to attend these sessions. Day said the Conversations for Change series will lead into classes that are being planned for spring 2010, which involve the Senior Center and WRAC presenting a 6-session study group dealing with topics like race, religion, and sexual orientation. These programs will be hosted at the Senior Center with WRAC facilitators. Day said they will also contact other agencies and organizations to invite more involvement. She hopes the program will create an opportunity to engage more people in the community from different backgrounds. Day said hopefully the steering committee will have its by-laws set soon so they can begin working within sub-committees. She mentioned that there will be follow-up public forums held in February. The self-assessment groups will be invited to partiapate and share recommended changes. The purpose is to continue an ongoing dialogue about the future and goals of the Senior Center among the community. Dowell asked where the dialogue group would find people to discuss race relations. He said he has never seen a black person in the Senior Center. Day said the conversation could involve discussion of types of hidden racism and ingrained stereotypes that people in an all-white community might not even recognize. Wombacher noted that she is familiar with several black Center members. Lensing suggested that the minister from the Gospel Explosion Church in Iowa City be invited to participate. COMMISSION ASSIGNMENTS: Felling volunteered to write the web article on the December meeting. Bem-Klug said she visited the Board of Supervisors on the day of this meeting. Honohan said he would visit the City Council in January 2010. Honohan will write the January web article. REVIEW. DISCUSSION. AND APPROVAL OF CRITERIA USED FOR DETERMINING WHETHER MEMBERSHIP IS REQUIRED FOR PARTICIPATION IN A SENIOR CENTER GROUP. CLUB OR CLASS• Kopping reported that while revising this policy, she decided to update the rest of section 7 of the operational handbook for accuracy. She sent it to the City's Legal and Parking Departments for review, and has not received a response from Legal yet. So the document is not complete, and discussion will need to be delayed until the next meeting. Senior Center Commission Approved Minutes December 2009 ROLE OF SENIOR_ CENTER COMMISSION: Honohan said he thinks there has been some confusion about the role of the Commission. He reminded the members that the Commission is an advisory board. The group gives advice and recommendations to the City Council and Senior Center staff. The Center is administered by the City Council and Senior Center staff. The council and staff have been very generous and kind to the Commission in allowing many of its recommendations to be adopted. Just because the Center staff often follows the advice of the Commission does not mean that the Commission runs the Senior Center. Honohan passed around copies of an email that he said he is very upset about. The email was from Charlotte Walker to the City Council regarding Jay and fellow Senior Center Commission member, Sarah Maiers. In summary, Walker asked the City Council to reconsider its decision to allow the Senior Center Commission itself to appoint the county position. Walker wrote that this decision allowed Honohan to add Maters to the Commission and Maiers was listed as an attorney in the Honohan law firm on a third party legal directory website. Walker said that this close business relationship between Maters and Honohan gives the potential for Honohan to have extra weight on the Commission and could influence the Senior Center Gift Fund decision that will be made at the December Commission meeting. Walker said, "Mr. Honohan is proposing some very controversial changes regarding gifts made to the Senior Center." Honohan told the Commission that this email is both inaccurate and insulting. He said Maters left his staff over 11 years ago. Walker said the information is still on the intemet. Honohan told Walker she should have checked with him or Maiers to confirm the information she was presenting to the City Council. Honohan said he is insulted by the inference that the friendship between him and Maiers would influence either of their decisions on the Commission. Honohan pointed out that he and Maters voted against each other on three recent Commission decisions. Honohan said Walker's comment regarding Iowa City Senior Center Fund, Inc. is not correct. He explained that the attorney general's opinion that has been a topic of recent Commission discussion refers to a different situation than that of Iowa City Senior Center Fund, Inc. Honohan said what the library board did in that case was wrong and that was exactly the reason he set up Iowa City Senior Center Fund, Inc. differently. Further, Honohan said, Walker has no business harassing the instructors at the Center. It is not her job to send them emails. Honohan said that Walker is attempting to give legitimacy to her opinions and give the impression that she is representing the entire Commission by signing her emails with "Charlotte Walker, Member of the Senior Center Commission." Honohan said Walker does not like to play with the rest of the Commission. To his knowledge, she does nothing but criticize, brings nothing constructive, and has never volunteered for anything at Senior Center Commission Approved Minutes December 2009 the Senior Center except for the Commission. Honohan said that if Walker does not want to participate constructively with the rest of the Commission, she should resign. Walker said she does not intend to resign. Honohan said if the negativity continues, he may have to go to the City Council and ask them to address the problem. Walker exclaimed that Honohan should stop lecturing. Walker said that she does not know if she has ever contacted Senior Center instructors. Honohan said he does not have the name of the instructor who complained available. Maiers pointed out that there is a lot of information on the intemet that is out there for years and years, and it is not all accurate. Maiers said no one calls any shots for her, and she is insulted by the implication that she would be influenced by Honohan because they are friends or former associates. Walker said she doesn't care that it's insulting because there is a close connection between Maiers and Honohan. Lensing said that Iowa City is a small community - it isn't Chicago or Houston. He said he has known some of the people on this Commission for a long time, and he thinks it is fine to take advice from the other Commission members who have more seniority than him. Everyone knows each other and has to work together and trust one another, even if they don't always agree. Walker said if the information in her letter to the City Counal is outdated, that can be easily explained. Maiers said that is why Walker should have called to ask her about it in advance of sending the letter. Lensing said he believes this has more to do with a personal issue than a professional issue. If Commission members have personal issues with each other, those issues need to be separated from what goes on with this board. Honohan read an email sent by a Senior Center instructor to Walker in response to a message that Walker had sent to her. Walker emailed the instructor to complain about use of the term "the Center" on the instructor's Facebook page. Walker said use of the shortened name instead of the ofFcial name is very offensive. Honohan said it is not Walker's business if a Senior Center instructor chooses to call it "the Center." Walker said she would contact anyone with the same complaint, whether or not she was a member of the Commission. Honohan pointed out that when she signs her messages with "Charlotte Walker, Member of the Iowa City Senior Center Commission," it seems like she is speaking for the Commission when she contacts an instructor to express her personal opinion. Dowell asked if someone from the Johnson County Supervisors sent something, could he sign his title on the correspondence so that the recipient could understand his slant on things without giving the impression that he represents the whole group. Honohan said the person's title should be used if they are Senior Center Commission Approved Minutes December 2009 conducting official business. If it is personal, then the title is irrelevant and should not be used. The Commission agreed that it is more appropriate to say that you are a member of the Senior Center Commission, but I am not representing the board and I am conveying my personal views. Walker agreed that she would write in bold print in all correspondence that she is a member of the Commission but does not speak for the Commission. CERAMICS ROOM REVIEW: Kopping said there are still personality issues occurring in the Ceramics Room, and Rogusky is going to schedule a meeting with the people involved. The room was closed for an extended period for cleaning. Kopping requested to have the decision on the future of the Ceramics Room deferred for one more month. Motion: To defer a decision on the Ceramics Room until the January 2010 meeting. Motion carried on a vote of 7/0. Lensing/Felling. ADJOURN FOR A MEETING OF SENIOR CENTER FUND, .INC. RECONVENE THE NOVEMBER 19 MEETING OF THE SENIOR CENTER COMMISSION OPERATIONAL OVERVIEW: Craig Buhman provided a facility report for the Commission. He said the Linn Street entry and exit doors replacement project should be complete by the 18th of December. The existing steel doors have corroded and delaminated beyond useful means. The western face of these doors subjected them to signfcant temperatures swings, with the difference in temperature leading to an accumulation of condensation. The condensation and resulting corrosion, combined with the age of these steel doors, significantly influenced this project. The new doors will be aluminum and therefore lighter in weight (easier to operate) and less apt to con'ode. Buhman reported that on the 10th of December a significant roof leak caused the ceiling tiles in Room 202 to collapse. The saturated the remnants were removed and the original plaster ceiling was inspected in-house. After this initial inspection a decision was made that the plaster ceiling may be no longer structurally sound and that this room remain Gosed until a thorough inspection could be undertaken. The inspection is scheduled to take place on the 17"' or 18th of December, depending upon the availability of the engineer. He went on to report that on the 11th of December the valve supplying hot water to air handler #2 failed to function as designed. With insuffiaent flow of hot water the coils froze and burst. The kitchen ceiling tiles became saturated and began to Senior Center Commission Approved Minutes December 2009 sag and collapse. With the loss of water as a result of the burst coils, the remaining air handlers were starved for water and, therefore, no longer supplied heat to the facility. Air handler #2's hot water supply lines were isolated and the process of refilling the hot water system began. The ruptured coils have been repaired and, at this time, the controls system for this air handler have been disabled (in order to prevent a recurrence of this event) while maintenance works with the controls engineer and the mechanical engineer so the Center will not experience this failure again. At this time it has been decided that propylene will be added to the system in order to prevent freezing. Sufficient capacity exists to offset the slight efficiency loss due to the addition of propylene. Because of roof leaks and the age of roof, a roof neplacement project will begin within 6 months. Kopping said she the roof replacement project will go out to bid soon. The City will choose the contractor, and the lowest responsible bid must be chosen. Rogusky reported on the fundraising efforts that have been taking place over the last month. The Cookie Walk raised about $189 for the Center's operational budget, which is down from the $240 it raised last year. Donations of non- perishablefood and toiletry items to the Crisis Center have been down this year. Participants and audience members at the Senior Center's winter concerts were asked to bring an item to donate as their admission to the event, but that effort has not been very successful. Rogusky said she has had a hard time getting people involved in the Center's seasonal fundraising efforts, and she does not know why. The Silent Auction has begun, but there has not been much bidding yet. The Pre-Holiday Craft Sale was moderately successful. It was scheduled for the same day as the VNA flu shot Ginic, but the VNA ran out of flu shots and cancelled the clinic, so much of the expected foot traffic on the second floor was reduced. Rogusky said she delivered three donations of toys to the Salvation Army. She said she will rethink all of these projects for next year to hopefully raise the level of response from the community. It is not what she would like it to be. Rogusky reported that many of the Center's 25 student volunteers will be away for winter break. She is working to see which ones plan to return next year. Rogusky has been working with M. Buhman and the Consortium on Aging to plan a city-wide health fair at the Johnson County Fairgrounds on April 30. The committee is looking for sponsorship donations to help offset the costs. Rogusky is holding a CarFit event at the fair. Rogusky wilt be holding a pottery room meeting in January. Rogusky told the Commission that Tom Nothnagle, a local guitarist, came to the Center yesterday and became a member. He wants to offer music lessons and give a concert at the Senior Center. Senior Center Commission Approved Minutes December 2009 Lensing asked if the Center would be allowed to serve alcohol at such a concert event. Kopping said City policy does not allow it, but the Commission could approach the City to request an exception. Wombacher asked if cash could be collected for the Crisis Center food drive instead of canned goods for those who forget to bring items. Rogusky said the Crisis Center would gladly accept cash, but she is not sure the Center can collect it for them. Lensing said it may set a precedent of other groups wanting to use the Senior Center for fundraising. Kopping said we would have to revise the Senior Center's policy because it currently states that the Center cannot be used by other organizations for fundraising. Bern-Klug asked if we can distribute envelopes on behalf of another organization to be returned directly to the organization. Kopping said she thinks that would still be considered fundraising. Day said she has collected money among Center partiapants informally for fundraising projects in the past. She was not aware that this violated the Center's policy and thinks the guidelines should be clearly publicized to avoid confusion. Honohan said the fundraising policy may be revisited for discussion at the next meeting. Lensing asked if the assembly room could be used for an event to raise funds for Friends of the Center. Kopping said the organization might have to rent the room. Michelle Buhman reported that the Curriculum Committee is discussing possible changes to the format of the Newcomers Club. The club was originally meant to provide new members with an opportunity for a social gathering, but it has come to function as an orientation session. The newcomers do not talk much among themselves; they look to the host group and staff member host for information on the Center. New members have been asking for instruction on the exercise equipment in conjunction with an orientation/tour of the building, so Buhman is going to try to respond to this request. The Curriculum Committee and Buhman have discussed varying the days of the week and times of day for the gatherings, and removing the breakfast component to save money. Buhman has been doing outreach in community. She is on the committee for Winterfest, which is an event taking place in Coralville on January 31 from 1 to 4 PM. The Senior Center will be involved so that people in Coralville will see that they are welcome to participate at the Center. There will be iwo or three ensemble groups from the New Horizons Band scheduled to play at the event. An antique piano will be tuned especially for our jazz group to use. The event will have antique cars on display, and Buhman recruited some Senior Center members to dress up and play clowns. Senior Center Commission Approved Minutes December 2009 Winterfest will be on the landing in Coralville and will offer horse-drawn sleigh rides, snow-shoeing, skiing, ice sculptures, bird watching, and chestnut roasting. There will be indoor events as well at the Marriott and the Johnson County Historical Museum. The Senior Center will have a booth at the event to hand out program guides. Over 1,500 people attended last year, so it will provide good exposure for the Center. Buhman has been working with the Summer of the Arts (SOYA) to develop events in conjunction with the National Endowment for the Arts' Big Read program. SOYA was awarded a grant in which the Senior Center wrote a specific portion to fund the distribution of the book, Fahrenheit 451, to interested participants at the Center. The Senior Center will be able to provide audio books, large-print books, and books in Spanish to accommodate the partiapation of more people. The Center will coordinate intergenerational book discussions and hopefully some intergenerational Spanish book discussions. The Senior Center's Spanish class was very interested in being involved. The Big Read program's kick-off will occur at Winterfest. The Center is hoping to show some films in conjunction with the Big Read. Also involved with the Big Read are the Iowa City Library, Coralville Library, and Iowa City Community Schools. The Senior Center purchased playbooks of Fahrenheit 451 to be performed by our readers' theatre group, but the staging was too complicated and technical, so they are passing it on to another group. The cost of the playbooks is covered by the grant. The movie Fahrenheit 451 will be shown at the Englert Theatre. All event information will be on the NEA website and the Senior Center website when details are finalized. Buhman has been working on a committee with the Livable Communities of Johnson County -Fall Prevention Action Team. They are doing a community wide fall prevention program throughout 2010. Buhman is working in partnership with the Osher Lifelong Learning Institute to plan a program on de-cluttering your home. That program will hopefully occur in March. Buhman reported on the Center's most recent art show in which Corbin Bailey was the artist. Her show brought in $425 in commissions/contributions to the Senior Center. This is one of the highest dollar amounts the Center has ever received for commissions on the sale of displayed artwork. Buhman has the art exhibit space booked through January 2011. An art display system was installed in the second floor hallway, and Buhman is starting to schedule exhibits in that space as well. Senior Center Commission Approved Minutes December 2009 The ping pong table conversion top has been installed in the billiards room. One of the Center's student volunteers is interested in coordinating the group. The pickleball activity group is experiencing great success. The group is up to 30 people who participate regularly at Mercer Park and the North Liberty Rec Center. The pickleball group wants to expand into evening and weekend play - there are some who want to join, but are still working. The group is playing on indoor courts during the winter months and on outside courts during warmer seasons. Some participants have suggested building courts for the Senior Center. Buhman is investigating the possibility of having a group participate in the Senior Olympics in Des Moines. The Center will present a full day of events with Rev. James Lawson, who was Martin Luther King, Jr.'s theologian, on January 21, 2010. He will be on °The Exchange," astate-wide radio program on Iowa Public Radio at noon, followed by a visit to the African American Cultural Center on the University of Iowa campus. At 7 PM he will be at the Senior Center to give a lecture on the civil rights movement, titled "Where We've Been, Where We Are, and Where We're Going." Buhman said it is a coup to get him here during MLK week because of his relationship with Martin Luther King, Jr. He will be in Washington, DC the weekend before and in Los Angeles the weekend after. Buhman recognized Louis De Grazia for his help in coordinating this event. Buhman said her one of her goals for the next year is to build relationships with corporate sponsors. She met recently with the Sheraton about being a site for different programs and donating space for the Center to use for events that don't fit in the Assembly Room. The Sheraton has a dance floor and could possibly host a membership appreciation event. Lensing said he just opened the Kirkwood Room next door to his business and it seats about 100 people. He told Buhman it may be available if she is seeking event space. Another goal she has for the coming year is to research the current demographics of 50+ people in the community and have the Senior Center be more reflective of the community in terms of race and income levels. Buhman personally thanked Nancy Wombacher for all of her help as a member of the Commission over the last 6 years. Wombacher said she did it because it was fun. Kopping said she wanted to reinforce the Buhman's sentiment and stated that Wombacher had been a positive asset for the Commission and she will be missed. ELECTION OF OFFICERS: Honohan appointed Bem-Klug and Felling to a committee to recommend a slate of officers for the first meeting in January. Senior Center Commission Approved Minutes December 2009 COMMISSION DISCUSSION: Board of Supervisors Report: Bem-Klug visited the Board of Supervisors on the morning of the meeting. She told them about being involved with the strategic planning process and gave them ahand-out of the summary of the Senior Center's values and goals. She talked about the Center's involvement with the health fair that will be held on the Johnson County Fairgrounds this spring. She told the supervisors about the Senior Center's winter programming and community outreach. One of the supervisors made a comment that he was involved in the planning process and was impressed by the broad variety of people involved. Walker added a point to the earlier discussion. She said that the email exchange with the Senior Center instructor was prompted by the instructor inviting Walker to be her friend on Facebook. She contacted Walker first. ADJOURNMENT: Motion: To Adjourn. Motion carried on a vote of 7/0. 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LEE RECREATION CENTER MEMBERS PRESENT: Andrew Chappell, Andy Douglas, Charlie Drum, Holly Jane Hart, Michael McKay, Rebecca McMurray, Jarrod Gatlin, Brian Richman, Rachel Zimmermann Smith MEMBERS ABSENT: None STAFF PRESENT: Steve Long, Tracy Hightshoe OTHERS PRESENT: Charlie Eastham RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action): Gatlin motioned to recommend approval of the 2011-2015 CITY STEPS plan to City Council with the approved changes, modifications, and edits as noted by the Commission and staff. Drum seconded. The motion carried 9-0. CALL TO ORDER: The meeting was called to order by Chairperson Richman at 6:30 p.m. APPROVAL OF THE OCTOBER 22"d MEETING MINUTES: Chappell motioned to approve the minutes. Zimmermann Smith seconded. The minutes were approved 8-0 (Hart not present at time of vote). Richman announced that there had been a request to change the order of the agenda items, as a member of the public wished to comment on the CITY STEPS plan. He said that the CITY STEPS plan would be addressed directly after Public and Staff/Commission comments to accommodate that request. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: None. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION DECEMBER 3, 2009 PAGE 2 of 16 STAFF/COMMISSION COMMENT: Long gave a brief update on the status of various flood-related programs. He noted that the City is beginning its second round of buy-outs; up to 54 more homes will be purchased with the available funding. Per federal requirements, the homes will then be demolished and made into green space. Long said that to-date 29 homes had been purchased by other federal funds; 13 homes have been demolished, ten more will come down before Christmas, leaving eight to tear down. Long said the program has been a very emotional one for everyone involved with it. He said many affected residents had lived in their homes for decades. Long said the second round of the New Homes Program has begun. Forty new homes have or will be built to replace the first batch of homes acquired by the City in the buy-out; 37 have been completed, with about 30 families expected to be living in their new homes by Christmas. Long said that the second round will consist of approximately 36 new homes to be built in the spring of 2010. Long said that $6.6 million has been awarded to help create a flood mitigation gate/pump system near Rocky Shore Drive, intended to help prevent flooding of the Coralville Strip. CDBG funds in the amount of $5 million will help the City move the wastewater treatment plant. He said that four new business programs have been announced to the five already in place for businesses needing flood assistance. Long said that approximately 84 homeowners have been assisted with housing repairs or rent assistance. REVIEW OF THE DRAFT 2011-2015 CONSOLIDATED PLAN (a.k.a. CITY STEPS Richman said that the Commission needs to get to a point by the end of the meeting where it can make a recommendation to City Council with regards to approval of the CITY STEPS plan. Richman said that it could be approved in its current form or with any changes the Commission wished to make. Richman said that the primary goal should be to go through the priority levels that had been assigned. to different kinds of projects by the consultants, and assess whether the Commission agrees with them. Richman said the consultants had reached their priority levels based on input from public meetings, a survey, interviews with staff, interviews with non-profit and public agencies, and various reports. Richman opened the meeting to public comment Charlie Eastham, Iowa City, said that he has been active in affordable housing issues for a long time. Eastham said he had asked to address the Commission because he wanted to get his comments into the record as early as possible, as the City Council does not have a great deal of time between when it receives the Commission's recommendation and when it votes on the matter. Eastham said that he supports the idea that affordable rental housing is given a high priority in the plan. Eastham said that with regard to the housing objectives outlined in pages 46 & 47, he would ask that the Commission revise the wording of the fifth bulleted item such that it reflects that The Housing Fellowship has an approved plan of action for developing affordable housing, but also has discretion in implementing that plan. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION DECEMBER 3, 2009 PAGE 3 of 16 Eastham noted that page 37 outlines activities that are funded by CDBG/HOME funds and Section 8 housing assistance. Eastham stated that most of the activities listed are actually owner-occupied activities, not rental. Eastham said that assistance for renters comes primarily from Section 8. Eastham recommended looking at that section and bringing the activities more in line with the stated goals. Eastham said that the way he sees it, CDBG/HOME funds should be primarily directed at rental housing because that is where the greatest need exists. He said that the plan should clearly reflect the City's intentions for using CDBG funds for rental housing activities. Eastham said that it is not clear to him how the current draft of the Consolidated Plan actually contains an assessment of the specific needs of minority and lower income residents. He said the needs may be described in the plan, but are not assessed. Eastham addressed concerns regarding the survey conducted by the consultants for the Consolidated Plan. He said there is a strong racial bias and a lot of coded language to be found in the comments of the survey-takers, which he paid particularly close attention to. Eastham said that in his view the survey asks how the City should meet low-income housing needs, and survey-takers essentially respond by saying that it should not meet them at all. At the same time, Eastham said, many respondents expressed racial bias. Eastham said that in his view the responses to the question of whether or not to expand the supply of low-income housing incorporates the opinions of people who would deny housing based on race. Eastham said that the Fair Housing Act makes this illegal. Eastham said the responses indicate that there is significant resistance to fair housing in the community, and that the perception of race continues to play a part. Richman said that in his opinion it was important to ask if the consultants got the right results and correctly applied the tools they had available. Drum said he had questions about how much weight the survey was given in assigning priority levels. Hightshoe said that staff had made it clear from the beginning that staff did not want to set the priorities themselves. Hightshoe said that the consultants met with affordable housing providers, non-profit organizations, the police, the Parks and Recreation Department, the Planning Department, economic development groups, the school district, the local Homeless Coordinating Board, and various other groups. Hightshoe said that staff wanted the consultants to formulate a plan and assign priority levels based on all of those contacts and the provider and online surveys. Hightshoe said that at this meeting the priorities will be evaluated and revised based on Commission input. Richman asked Hightshoe to describe tools other than the survey used by the consultants for assessment and prioritization. Hightshoe said the consultants administered a survey to local service providers, gathered input from focus groups, reviewed prior studies and census information. Hightshoe said she did not know how much weight was given to each instrument. Long said the greatest weight was given to hard data such as the Affordable Housing Market Analysis and the census information. Zimmermann Smith asked if the census information was based on the 2000 census. Long replied that it was, but that updated estimates were derived from the data in 2007. Long said his impression of the report is that the Housing section was largely based on the Affordable Housing Study, and the Public Facility and Public Service portions were based more on public/agency input and surveys. Zimmermann Smith asked if the Affordable Housing Study was conducted by the City or the consultant. Long said the study was conducted by the consultant but was a comprehensive, regional study of the surrounding HOUSING AND COMMUNITY DEVELOPMENT COMMISSION DECEMBER 3, 2009 PAGE 4 of 16 communities as well. Long said in the time since the survey was completed the Johnson County Council of Governments (JCCOG) has facilitated regional discussions on affordable housing issues. McKay asked if the consultants debriefed staff on their thinking processes in creating the plan. Long and Hightshoe said the consultants discussed process during phone calls, but did not give a final debriefing on how each priority level was determined. McKay asked what staff's impression of the plan was, and whether they believed it was something of value to the community that can be worked with over the next five years, or if they felt it had weaknesses that needed to be addressed. Hightshoe said the major weakness she found is that the entire narrative of the document must be read in order to determine the priorities. Hightshoe said she wanted to see a chapter that outlines a strategic plan and summarizes the goals. There were some items that historically have been lower priorities such as street and sidewalk improvements as the City has other revenue sources for those needs. The City has used funds for sidewalk improvements in low-income neighborhoods. Under our housing rehab. program, low income homeowners can use CDBG or HOME funds to make sidewalk improvements on their lot. Typically, Hightshoe said, those items would not be ranked as high priorities, and she believes that the high ranking given to them stemmed from the online survey. Hightshoe said that the Commission would need to discuss whether or not they wished to keep them as a high priority. Hightshoe said she felt the priorities given in housing and public service were pretty accurate and were consistent with past plans and current input. Gatlin said that there were some Public Facilities items that he believed the Commission may want to look at again; he said he believed that fire stations and equipment should be moved from a low priority to a moderate priority. Hightshoe explained that funding for the general operation of government is not an eligible activity. Gatlin asked if street improvement would not then also be ineligible. Hightshoe said that if the street can be documented to be in an area of low to moderate income it could be eligible for funding. Hightshoe said that HCDC had done targeted sidewalk repairs in the past. Chappell said that that seems like a good way to address the issue because typically sidewalk repairs are born by the resident. Hightshoe said that a chapter addressing the priorities in summary would be helpful for Commissioners when making allocations. Gatlin asked if the Commission ultimately had the discretion to weigh issues on factors other than their priority level, or if the priority levels would wind up binding Commissioners to certain projects. Long said the 5-year plan is merely a guide. He said that every year it can be refitted and have changes made to it if necessary. McMurray asked if the applications would actually change as a result of changed priorities in the plan. Because the same providers tend to apply year after year, McMurray wondered what impact the changes would actually have. Hightshoe said that the plan will definitely send a message to the community. She said that if it so chooses, the Commission has the discretion to target their funding to a few larger capital campaigns rather than the smaller multiple projects (such as air conditioning and carpet replacement) it has funded in recent years. Richman said that one of the challenges for the Commission historically is that the CITY STEPS plan provided very little guidance as it listed everything as a high priority. Richman said that in some ways this is a real opportunity to identify what the real, high priority needs are. However, he said, the Commission must recognize that the allocation process will also be driven by those priorities. If the Commission says that housing is a high priority need and everything else is low, Richman said, then when it is time to allocate funding the Commission could not in good conscience fail to well fund housing. Richman said it is important to get the priorities right. In doing so, Richman said, it is important for Commissioners to consider which assessment and HOUSING AND COMMUNITY DEVELOPMENT COMMISSION DECEMBER 3, 2009 PAGE5of16 information gathering tools that led to the conclusions in the report are more valuable and which are less valuable. Zimmermann Smith said that part of her problem is that it is difficult to tell which conclusion is based on which data. She said that it is just as valid to say that some of the focus groups were biased in some ways as it is to say that the survey was biased. Zimmermann Smith said that the consultants do not provide any narrative explaining how they arrived at the priorities they did. Chappell said he really questions how useful the document will be for the City Council unless they have a really good shorthand summary from staff or the Commission. Drum said that the Commission could ask the consultants to provide an executive summary; however, Drum said, if the Commission is at odds with the priorities in the plan, perhaps it should be something the Commission and/or staff do themselves. Hightshoe pointed out that the consultants had been paid for that service and that it is not unusual for a summary to be included in a plan. Zimmermann Smith asked if there was a way for the Commission to determine how the consultants came to their conclusions. Hightshoe said she did not think there would be a scale stating what percentage each information source was rated. Zimmermann Smith said she was not looking for that, but that a narrative of how they arrived at the priorities would be helpful. Long said he too thought that would be helpful, acknowledging that the process was probably not a very scientific one. Zimmermann Smith said there was a global picture that was not being presented; there was a lack of reflection on what was learned. Richman said that it was his understanding that the Commission must make a recommendation to the City Council by the end of the meeting that outlines their priorities. He said this means that the Commission must state that they are prepared to accept the recommendations of the consultant, or identify exactly where the priorities must be changed. Richman said that the methodology of the consultant was a bit academic at this point because at the end of the night the Commission has to make a recommendation. Chappell asked if this was because the Commission was at the tail-end of the public comment period. Long said that this was a factor, as is the fact that there will be applicants for funding starting December 15tH Gatlin asked if anyone had a major issue with the priorities as outlined by the consultants. He said that he personally felt like the Public Facilities improvements that would normally be funded from the general fund should be given a low priority. He said another option was grouping all of Public Facilities as a low priority. Hightshoe pointed out that Public Facilities includes non- governmental agencies such as youth centers, crisis centers, free medical centers; not all Public Facilities categories are government run. Richman said he agreed that a large list of essential city services included in the report are probably not appropriate to fund with CDBG funds. Hightshoe noted that the Commission would be receiving a windfall lump sum of $2.9 million in a year, and that it might be wise not to limit the ways in which low-income areas could be protected with those funds. Long said keeping flood-related activities as high priority may be wise. Chappell said that the idea would be to use the money for flood mitigation in low-income areas. Long said that was just planning ahead; ultimately, the City Council can use the money for whatever it wants. Chappell asked staff to walk through the summary table in the report. He said that he assumes that some of the information will be filled in at a later date as there are gaps. Hightshoe said that the Department of Housing and Urban Development (HUD) puts the table in the report, but that the consultants said that they do not complete the table because it is almost impossible to gather the necessary information. Chappell asked if it was the case that the numbers were intended to cover the number of projects, but were not relative to the value or cost of the projects. Richman said that to his mind it was fairly useless information. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION DECEMBER 3, 2009 PAGE6of16 Chappell noted that the Housing Needs Table lists all needs as high or medium priorities; there are no low priorities in that section. Chappell asked from which pot of money activities in this area would be funded. Long replied that there would be money from both HOME and CDBG going to Housing Needs. Long said that HOME money has to be used for housing. Chappell asked if HOME was where the money from rental assistance came from. Hightshoe explained that the Iowa City Housing Authority receives its own funding, although HCDC does provide some additional assistance. Hightshoe said that essentially all rental activities were given high priority by the consultants, and all homeownership activities were given medium priority. Chappell said that given the priority levels assigned by the consultants, it is pretty evident that the biased comments of the survey that Eastham was concerned about were roundly ignored by the consultants. Hightshoe said she was not sure that the comments were ignored, but that the consultants probably took into account that new construction owner-occupied funding was coming from alternative sources, such as the UniverCity project and Single Family New Construction Program. Hightshoe said that in the first two years of this five year plan the City will be doing more new construction owner-occupied housing than it did in the previous five years. Long said that the report does contain narrative explaining that the needs for CDBG/HOME funded owner-occupied assistance are less than in the past due to ongoing, alternatively funded projects. Chappell said that his point was that the vitriol of the survey had not swayed the consultants away from setting rental projects as a high priority. The Commission discussed Eastham's requested language changes concerning The Housing Fellowship and its goals. Hightshoe noted that the information in that section was taken from a 2008 housing study and is somewhat outdated as several projects discussed in the table are already completed. Zimmermann Smith asked what the category "all other households" consisted of. Zimmermann Smith stated that it seemed to her that if there was going to be a priority list then something had to be of low priority, unless there was an endless supply of money. She asked for clarification on the categories, and Hightshoe said she would look through the narrative to determine exactly what that category meant. Zimmermann Smith said that if it consisted solely of students, then the priority level given to it might be different than it would be if it also included those recovering from substance abuse or chronic mental illness. Hart asked if those factors were not already taken into account when the recommendations were developed. Hightshoe said it was part of the housing analysis that had been done. She said that the consultants had factored students as persons under 24 years of age without a dependent child. Hart said her question was whether those adjusted numbers were already factored into the housing needs. Long said he assumed so. Richman said he was having trouble understanding some of the statistics. He said that the report stated that 34.3% of "elderly renter" households have a housing problem; this is identified as a high priority. Later in the report, 84% of "owner-occupied, small related" households are identified as having a housing problem. Drum noted that "large related" had 100% identified as having a housing problem. Richman said that it did not make sense to him intuitively that those would be identified as "medium" priorities, and the "elderly renter" would be "high." Long agreed. Richman said it felt as though the priorities were assigned across the board without actually looking at individual categories. Long said that it was possible that the reasoning was that owner-occupied problems could be taken care of through housing rehabilitation programs. Zimmermann Smith asked if it was the case that all owner-occupied were of lower priority because there are alternative funding sources. Hightshoe said that for the purposes of this section elderly households are one or two person households where either person is age 62 or older. Small households are 2-4 persons. Large households have 5 or more persons. "All other households" are those that do not belong to one of the three previous categories including student households with non-related individuals. Long said that one of the goals is to have HOUSING AND COMMUNITY DEVELOPMENT COMMISSION DECEMBER 3, 2009 PAGE 7 of 16 people age in place, staying in their homes as they age. He noted that Housing Rehabilitation does have a category to help with this population, so funding it through CDBG/HOME may not be critical. Drum said that by the standards with which other categories were measured, then the alternative funding source should set that priority as low. Richman said that he feels like the Commission is in the difficult position of accepting the consultants recommendations of prioritizing all rental housing as high and all owner-occupied housing as less high, or going through and making recommendations on much smaller categories based on data that no one seems to have a very good understanding of. Hightshoe said that the narrative statements of the consultants do a better job of clarifying and limiting than the tables do. Gatlin asked how much the goals of the Commission would be changed when it came time to allocate funding if the Commission accepted the priorities as outlined by the consultants. He said that if the Commission must still go through on a case by case basis to determine the projects necessary and worthy of funding, then the priorities outlined in the plan need not be binding. Gatlin said that sitting and arguing the priorities may not be entirely useful. Drum said that when it comes to that time in the funding process, predetermined and agreed upon priorities will actually be useful. Richman added that there can be some justifiable criticism when projects marked as "low" priorities are funded at a higher level than those marked as "high." Hightshoe noted that page 37 in the Housing section does a good job of outlining priorities. Hightshoe said that the HUD mandated table does not allow for tweaking and subdivisions. Long pointed out that this is where a summary would be helpful. He said that a summary should be ten pages or less for simplicity's sake. McKay said that it seemed to him that if the Commission's viewpoint on the tables is that they are not of much value, then that should be noted in the summary. He said there should be some acknowledgement that it is an imperfect system and that the Commission is doing the best it can with the general priorities it has. He said that the Commission should not open itself up to later being nit-picked over data that they do not believe in. Hightshoe said that as long as the projects that are funded can be justified in the Commission's end of the year report, then it is fine. Hightshoe added that she would like to see the phrase "aging in place" added to the priorities concerning funding elderly housing needs. Zimmermann Smith said she would like to see owner-occupied elderly issues moved from moderate to high priority status. Richman asked what the Commission thought about taking an approach wherein housing needs for a category of 75% or more were considered high priority, 50% to 74% were considered moderate, and below 50% was considered low priority. He noted that this would change elderly renter to low priority; small related renter would be high; large related-renter would be high, all other renter would be high; and elderly owner-occupied to moderate. Chappell said that one concern with that is that the priorities would no longer match those described in the narrative. Chappell noted that discussions seemed to indicate that the Commission had been putting more stock in the narrative than in the numbers. Hart asked if Commissioners were pretty much in agreement with the narrative as a reasonable account of things. Zimmermann Smith said she was not entirely convinced that the priorities set in the narrative were accurate, and she was unsure if the City Council or the Commission should be wed to them as they did not know how they were arrived at. Hart asked if it was reasonable to say that the majority of the Commission felt that the bulk of guidelines and priorities should come from the narrative in the report. She said that it might not be reasonable to ignore the findings simply because there was no explanation in the report about the methodology for coming up with them. Hart said this was the first time the 5-year plan realistically addressed renters and prioritized them ahead of owner- occupied housing. Hart said that the Commission had discussed an interest in increasing HOUSING AND COMMUNITY DEVELOPMENT COMMISSION DECEMBER 3, 2009 PAGE 8 of 16 support on the affordable rental housing front during the last funding cycle. Long noted that the table in the report is based on 2000 census data and the narrative is based on more current information. He said it was necessary to merge the two to get an accurate portrait of the situation, since it will be another three years before the next census information comes out. Chappell said he agreed with McKay's sentiments regarding the Housing Needs Table, although he was unsure how the Commission could convey that message. Chappell said that because all of the needs were considered high or medium priorities, the Commission should have the flexibility to adjust to applications when they are received. Chappell said that the benefit of the findings is that they allow for a fair amount of wiggle room. He said he was not entirely comfortable adjusting the findings without having more information, although he did agree with the idea of adjusting the elderly owner-occupied category to high priority. Chappell said he was not sure what benefit could be derived from tinkering with the priorities in that section since they were all considered moderate to high priority. Drum said he agreed with the adjustment to the elderly category. Richman asked if the narrative addressed all income levels with respect to elderly housing. Hightshoe said that the report took into account that CDBG/HOME funds could only be used for low-income populations. Richman said that it sounded like the proposal on the table was to accept the recommendations as drafted in the report; the exception being that the two categories for elderly owner-occupied housing at less than 50% would be changed from medium to high priority. The Commissioners indicated their agreement to that proposal. Hart said she was questioning the priority level assigned to homeownership at the 0-30% income level. Hightshoe and Long said that at that income level homeownership would not be encouraged as it would be difficult to obtain a mortgage and afford necessary rehabilitation of the homes. Long noted that if someone is already in place at that income level the desire would be to maintain them in the home. Richman directed discussions to the Public Services and Public Facilities sections of the document, saying that he was open to suggestions for how best to deal with these. Long noted that in the last plan, health facilities were prioritized as low but the Commission still funded the Free Medical Clinic. Hightshoe said that Public Services is probably the most competitive funding category that the Commission has, because the amount of money available is relatively low. Because of this, Hightshoe said, it may be helpful to look closely at the priority levels assigned. Zimmermann Smith asked for clarification on funding fair housing activities, and Gatlin asked if it could include grants to Legal Services, who helps tenants with fair housing issues. Long said that the funding would have to specifically target fair housing activities and could not be used for any other type of legal service. McMurray asked about the high priority level given to crime awareness. Hightshoe said that a police officer's salary could be funded under crime awareness. Long said that crime prevention and awareness activities could be funded under this category, such as neighborhood groups, security lighting, etc. Hart asked about the priority level given to elderly/handicap services and Long noted that there had been drastic cuts in funding for these services at the state level. Richman said that he had heard repeatedly in the public forums held by the consultants about the need for transportation services; however, that was given a low priority ranking. Hart noted that the report considered only transportation assistance and not transportation in general. Hightshoe said that this would include activities such as the "Wheels to Work" program Goodwill used to run. Long noted that that program had been discontinued due to a change in Internal Revenue Service (IRS) codes. Chappell noted that cars could still be donated, but that now only the fair market value of the car is deductible. McMurray suggested moving the priority level for domestic abuse from low to medium. Several Commissioners agreed, and Gatlin pointed out that the priority level for abused and neglected children should probably also be raised to medium. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION DECEMBER 3, 2009 PAGE 9 of 16 Richman suggested giving Commissioners five minutes to go through the categories on their own to determine which ones they believe needed to be changed. Hightshoe noted that there are essentially 20 categories, and that a past complaint has been that too many of them are marked as high priority. She suggested each Commissioner come up with their top three priorities. The Commissioners then reviewed the categories silently for five minutes. McKay asked how the number of categories is determined. The actual category definition is provided by HUD under their Consolidated Planning tool. Douglas asked what the category "general public facilities" consisted of and Long replied that it was a catch all for things that did not fit into the other categories. Zimmermann Smith asked what code enforcement activities would be and Long explained that it concerns building and housing inspection. Gatlin said that he did not believe the streets and sidewalk improvements should be listed as high priorities. He said as applications are reviewed, a particular sidewalk could be funded, but that in general the category should not be high priority. Douglas asked if this was because these projects could be funded from other sources and Gatlin said it was. Richman agreed. Chappell said he agreed with respect to streets but that because sidewalk rehabilitation is the responsibility of the homeowner he felt it should remain a high priority. McMurray noted that fixing sidewalks was not optional as the City would fix it itself if the repairs are not made. Chappell countered that the bill would still have to be paid by the homeowner. Zimmermann Smith noted that timely sidewalk repair kept sidewalks accessible to the elderly and disabled. The Commission reached general agreement to put streets as a low priority and sidewalks at a medium priority level. Chappell asked about the medium priority level assigned to the handicap centers category. Long said this was probably due to non-profit assistance that was available for the physical construction of handicap centers. Chappell asked if there was an overabundance of facilities for abused and neglected children that would explain the priority level assigned to that category. Zimmermann Smith said the only one in Johnson County is Four Oaks. Richman noted that Four Oaks had just used CDBG money to complete an addition to their facility. Hart noted that most abused and neglected children would actually be in foster homes not facilities. Richman asked if medium would be an acceptable rating for that category, and the Commission indicated agreement. McKay said that category 3F probably was assigned its priority level based on survey results, but that he did not think it should rank above other more fundamental needs. McMurray said she believed that having a nice park or recreation facility in low-income neighborhoods can make a big difference. McMurray noted that the Wetherby Splash Pad has made a huge improvement to the Grant Wood neighborhood. Chappell said that on the meta-level he did not see this category as a high priority but that he did not mind keeping it designated as high because some of those areas are arguably underserved with recreational facilities. Long noted that CDBG funds were used to buy land for a park in the Miller-Orchard neighborhood, which had been underserved. McKay said his question was one of how much more is there to do on this front. McMurray said these facilities constantly need to be updated for safety and maintenance reasons. She joked that her graduate degree in recreation could be biasing her viewpoint on the matter. Douglas said that in comparison to the last 5-year plan, which rated all priorities as high, this plan will offer both flexibility and guidance. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION DECEMBER 3, 2009 PAGE 10 of 16 Hightshoe directed Commissioners to the homeless facilities category. The report indicates that there is no such need because a new general use shelter is being constructed. She noted that this category also includes domestic violence facilities and facilities for youth transitioning out of foster care, so it may be wise to list it as some sort of a priority. Richman asked if the Domestic Violence Intervention Program (DVIP) would not follow under the category for abused and neglected children. Long replied that technically DVIP was a homeless facility. Hightshoe said that if the category remained listed as "no such need" then it would be difficult to fund an otherwise valid application from an agency like DVIP. Gatlin said that he thought it should be given some sort of priority level. Douglas said that given that a new homeless shelter has just been funded, the sentiment would probably run against putting this category as high priority. Chappell agreed, saying that the large amount of money given to fund Shelter House would be a factor. Hart said she would rate this category as a medium priority. Zimmermann Smith said that if domestic violence victims were included in this category, then saying that there is "no need" in this area is clearly inaccurate. A consensus was reached to rate this category as medium. The Commission moved their discussions to the Public Services categories. Gatlin said he would like to move the category for battered and abused spouses up to a medium priority level. Richman said he did not believe there had been an application for this category in the time that he has been on the Commission. Chappell asked what such an application would look like. Hightshoe said that an example would be an application for coordination services, job training, or staffing a crisis line. Gatlin said that if there was an opportunity to fund something like that he would want to at least be able to make a case for it. Drum pointed out that DVIP has been funded in the past. Richman noted that public facilities for DVIP have been funded, not personnel costs. Chappell noted that United Action for Youth (UAY) is a pretty active organization, and youth services are listed as a high priority; he asked if they were heavily funded by the Commission. Hightshoe replied that UAY is partially funded by the Commission. Richman noted a category for security deposits and asked staff if this was the program that had been run through Shelter House a few years prior. Hightshoe said that it was. Richman said he would like to see this changed from "none" to low priority. Douglas said he would like to see crime awareness moved from high to medium priority as he does not think there will be enough funds available to justify this being a high priority. Zimmermann Smith said she would disagree because the survey results strongly indicate a desire to see this category funded. She noted that the survey also heavily supported code enforcement. Zimmermann Smith said that if rental properties were going to be put as high priorities, then code enforcement of those rentals should be funded. Richman said he had questions as to whether that would be a good use of CDBG funds versus another funding pool. Hightshoe said that code enforcement is aself-generating revenue source. Zimmermann Smith said she would like to see code enforcement listed as a priority because the survey results support it and doing so would give the City Council a case for actions they may want to take in that area. Chappell asked which codes Zimmermann Smith wished to see enforced. Zimmermann Smith said that some cities, the Quad Cities being one example, use CDBG funds to enforce code for Section 8 housing. Zimmermann Smith contended that putting code enforcement as a low priority is not reflective of the public input received. Chappell asked what code enforcement the survey respondents were concerned with: housing code, building code, or another area of code. Zimmermann Smith said that the comments dealt with occupancy requirements and having housing officers, so she presumed the housing and rental codes were what the respondents would like to see better enforced. Chappell said he suspected that the respondents were actually concerned with the Iowa City Housing Authority's (ICHA) enforcement of its own codes and regulations. Zimmermann Smith said that CDBG funds can be used for enforcement of ICHA rules and regulations, and are in other cities. Long pointed out that ICHA already has its own fully funded full-time inspector for HOUSING AND COMMUNITY DEVELOPMENT COMMISSION DECEMBER 3, 2009 PAGE 11 of 16 compliance issues. Hightshoe reminded Commissioners that a high priority for the community might not necessarily be a high priority for the 5-year plan because there could be community resources other than CDBG/HOME funds to fund that need. Douglas asked if it was explained in the report that what might be a high priority to the public might not be a high priority for CDBG/HOME funds because of other funding sources, and Long replied that that information can be found in the narrative of the report. Hart asked if Zimmermann Smith was talking about using CDBG/HOME funds for rental subsidy and Zimmermann Smith replied that she was talking about code enforcement, and the fact that some communities use CDBG funds to pay for code enforcement. Zimmermann Smith said that the low priority rating does not reflect the public comments. She said she realized the Commission may ultimately decide not to actually put any money toward the category, but that she thought the plan should reflect the public comments on the subject. She recommended moving the priority level to a medium and the Commission reached general consensus to do so. Hart said she would like to discuss 5B, transportation services. Gatlin asked what was included in transportation services. Long said that if an agency wished to pay for bus passes, taxi cabs or SEATS trips to get clients from one place to another they could apply for this funding. McMurray asked if it could be used for parking expenses and Long said that that might be possible. Hart noted that in all of the public comments and forums childcare and transportation were repeatedly cited as community needs, and she wondered if the priority level was not rated as high because there were alternative funding sources. Long noted that CDBG funds could not be used to fund a new bus route. Zimmermann Smith said she felt it should be at least a medium priority and several other Commissioners agreed. Chappell asked if funded legal services had to be limited to housing related issues. He said that he thought the need for legal services would continue to grow in light of state budget cuts and the reduction of other funding streams, though he was generally comfortable with the medium priority. Gatlin asked how often an applicant in this category has sought funding. Long said that Legal Services of Iowa has applied in the past. The general consensus was to keep the priority level at medium. Douglas asked if there was a category that covers nutritional needs. Hightshoe said that the prevention and health services category would encompass nutritional needs. Hightshoe noted that case management and the Free Medical Clinic would also fall into this category. The Commission reached a consensus to set the priority level for this category at medium. Richman said that the CDBG/HOME categories all sort of repeat themselves, and yet they are not scored the same. Hightshoe said that some cities separate their CDBG and HOME funds for the application and allocation process; Iowa City combines both in the same pot. Richman proposed changing the CDBG priorities to match the HOME priorities. There was consensus. Chappell asked what the fair housing activities in 5J concerned. Long said that that particular activity was for a staff salary. Chappell asked if it was a high priority because it was an existing staff person. Long said that was not the case, and that the consultants must have determined there was a need in that category. Chappell asked what activities would fall under that category. Long said a fair housing attorney, a housing counselor, or a marketing campaign could all fall under that category. Chappell and Zimmermann Smith advised shifting that category's priority level from high to medium or low. A consensus was reached to shift the priority level to medium. Hart said that it might be short-sighted to lower the priority level since the plan is looking five years into the future. Long noted that the plan will be reviewed annually. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION DECEMBER 3, 2009 PAGE 12 of 16 McKay asked about 18C, micro-enterprise assistance and its 25 projects listed as high priorities. Hightshoe explained that these are CDBG funds, but they are earmarked by City Council. Long said the resolutions are already adopted. Hightshoe noted that special needs housing categories were all prioritized as low priority, except for public housing residents. Hightshoe explained that the category concerned special needs housing for elderly, frail elderly, severe mentally and developmentally disabled, and other special housing needs. She said that if an application for a housing project for people with chronic mental illness or persons with disabilities came in, it would be ranked as a low priority. In the last CITY STEPS plan, Hightshoe said, all of these categories were ranked as high priorities. Hightshoe said that there is a good supply of elderly housing presently, but that affordability is a factor. Richman said that he would have a difficult time going through this list of very specialized needs and saying what should be a medium or high priority. He said he feels like all of these categories could actually fall into other already existing categories that the Commission has already prioritized. Chappell asked if Richman was proposing leaving the priority levels as they are and then if a project application comes in that the Commission really likes they find the language to support funding it in another related category. Richman said that was correct. Douglas asked if the section would still be in the document and Long noted that it is HUD required and must be included in the 5-year plan. Hightshoe asked if the Commission wanted to keep public housing residents prioritized as high with all of the other categories as low. Chappell asked where the numbers to support that prioritization came from. Long said that it was likely determined from the Section 8 waiting list. Chappell noted that that category could also be seen as a catch all for all of the other specialized housing needs categories. Hightshoe said that if ICHA wants to target Tenant Based Rental Assistance (TBRA) vouchers to victims of domestic abuse, then it must be listed as a high priority in the CITY STEPS plan in the Housing section. The Commission agreed to have the categories necessary to accomplish this included as high priorities in the plan. Hart asked about the priority levels set in the HOME section for rehabilitation of existing rental housing. Hart said that if acquisition was a high priority, then rehabilitation should also be a high priority. Hart asked if the acquisition would be by affordable housing agencies only. Long said the acquisition could be done by any developer that targets the appropriate income levels, such as The Housing Fellowship, Builders of Hope, etc. Hart said that she believed the rehabilitation of existing rental units should be a high priority. Douglas said that it would be a cheaper way to go. Hart said that it could also help smaller landlords hang onto properties. Gatlin said he had no problem moving that to high priority. He asked Hart if she felt that acquisitions should be moved to a lower priority. Hart said that if it was the non-profit entities discussed that were doing the acquisition, then it should remain a high priority; her concern had been about the increased concentration of private ownership. The Commission reached consensus on raising the priority level to high for rehabilitation of existing rental housing. Richman said that the last item to discuss was the page entitled "Planned Allocations for 2011- 2015." Richman said that including this page in the strategic plan was optional. The issue, he said, is whether the Commission wanted to go through and set percentage goals targeting funds for specific activities. Chappell said that he would rather not use the percentage goals given the reticence the Commission feels about the usefulness of some of the HUD forms and the uncertainty with some of the consultants' data. Hightshoe said that the funding categories serve as a better guide than the HUD tables. Gatlin said that if this page was included there would have to be strong narrative explaining that the Commission cannot be boxed in by those percentages. Richman said he personally is inclined to leave it out. He acknowledged the form HOUSING AND COMMUNITY DEVELOPMENT COMMISSION DECEMBER 3, 2009 PAGE 13 of 16 may make things easier for reporting progress to HUD, but said that it sort of hamstrings the Commission in unforeseeable ways. Long said some of the percentages are pre-set by statute. Richman said the big issue is how much of the CDBG funds get used for Housing versus how much get used for Public Facilities, and he personally is not comfortable making that statement at this point. Hart said she did not mind leaving the page in the document with an accompanying narrative. She said that she personally finds it helpful to see the numbers. Hightshoe said it would change the application process to leave the page out because there will not be any guidance to the Public Facilities applicants on how much money is available for their projects. Hightshoe said that could make Public Facilities applicants believe they can apply for up to $1 million, when that will not in fact be available to them because it includes the Housing money. Richman noted that those providers cannot apply for HOME funds. Hightshoe said that if the categories are not broken down then it will be difficult for the Public Facilities applicants to understand how much money is available. Richman said he is not opposed to the concept of including the page, but that he has no idea how to come up with the percentages, and that indicates to him that it probably does not make sense to do so. Zimmermann Smith said that even if the page was not included, the past could be used as a guide to allocation percentages; she said it is unlikely that the percentages would vary that greatly from previous years. Hightshoe said that typically an information guide is included with applicant materials that states the amounts of money available for each category. Richman suggested simply saying a maximum of "$X" is available for "Y." Zimmermann Smith said that the past couple years of allocations could also be included to help guide applicants. Hart asked if the page could not simply be included with a disclaimer that it is only an estimate. Chappell suggested that giving applicants information on the maximum amounts available and the past funding cycles would be more useful than an arbitrarily set percentage. Hightshoe stated she preferred that past funding amounts not be included as the City should be guided by the current 2011-2015 plan, not what funding patterns were in prior years under previous plans. The Commission reached consensus to leave the percentages out of the plan. Gatlin motioned to recommend approval of the 2011-2015 CITY STEPS plan to City Council with the approved changes, modifications, and edits as noted by the Commission and staff. Drum seconded. The motion carried 9-0. NEW BUSINESS: DISCUSS AND REVIEW FY11 CDBG/HOME FUNDING PROCESS TIMELINE: Commissioners agreed that the timeline was appropriate. REVIEW AND APPROVE FY11 CDBG/HOME APPLICATION MATERIALS: Hightshoe said that she would change the priority guide in the application packets, and would update the dollar amounts. She said that the application deadline was being bumped from January 21St to January 26tH Chappell moved to approve the application materials as amended. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION DECEMBER 3, 2009 PAGE 14 of 16 Zimmermann Smith seconded. A vote was taken and the motion carried 9-0. Douglas noted that in the past there had been comments that the HCDC ranking forms need to be changed. Douglas said some points on the form do not seem to accurately reflect what the Commission is getting from the applicants. He asked if that was something that should be looked at or talked about. Hightshoe said she would include the information as to whether applicants attended the application workshop, and would assign priority levels. Richman said that it would be helpful to have the binary answers readily available so that nine different people are not going through and looking them up. Douglas asked if the Commission could look at the ranking forms ahead of time and Hightshoe said they are in the Commissioner packets with the applicant materials. Long said that unfortunately the ranking forms are a part of the application packet which had just been approved so substantive changes could not be made. He asked Commissioners to let them know if there were concerns or changes they would like made for next year's funding cycle. MONITORING REPORTS: DVIP -Facility Rehab. (Drum): The air conditioners have been purchased. Arc of Southeast Iowa -Facility Rehab. (Drum): The carpet has been installed. The Housing Fellowship - CHDO Operating Expenses (Drum): These funds are paying for a financial manager. Rental Housing: They had an offer with contingencies accepted on a lot on Muscatine Street across on which they hope to build six units. They have made an offer on a lot in North Liberty where they hope to build seven duplexes. FY08 Blooming Garden - Downpayment Assistance (Chappell: Hightshoe said that they will be sending in a letter soon with a final decision as to whether or not they will be accepting the awarded CDBG funds or applying for a different program. FY08 Wetherby Splash Pad (Chappell): Concrete was being poured on November 30`h with the hopes of finishing that week. The rest of the equipment is to be installed and tested in the spring. $30,000 in CDBG funds were used for this project. Hightshoe asked Commissioners if they preferred to meet twice in December or hold off until January (as this meeting was actually the meeting originally scheduled for November). The consensus was to wait until the January meeting. Hart said she assumed that the October 22"d minutes had been approved at the beginning of the meeting, but that she wondered if there was a process by which they could still be amended. Hart said there were statements attributed to her in the minutes that she had not said and she would like them corrected. Long asked if Hart could send the corrections to staff and they could look into re-opening the minutes. Hart said she could send Staff the corrections. She said the comments were mistaken and needed to be corrected. Richman said that a motion could be made to reconsider the minutes at the next meeting. Hightshoe said the motion would have to be made now so that staff could make the corrections prior to the next meeting. Chappell asked if Hart was talking about the minutes that had been approved at the beginning of the meeting. Hart said she was, and that she would have brought it up at the time but she was unable to get to the meeting until later due to a rehearsal. Drum motioned to reconsider approval of the minutes. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION DECEMBER 3, 2009 PAGE 15 of 16 McMurray seconded. Long asked if the Commission wished to see Hart's changes. Hart said she had not written them out. She said that the voucher program had been discussed and the concern that Johnson County might be paying for Chicago to get rid of its public housing population. Hart said the minutes have her saying something about the gentrification of properties in Chicago and criminal elements making them unlivable. Chappel asked if the minutes could be considered along with the December 3~d minutes in January; Long said that was fine. A vote was taken and the motion carried 9-0. Zimmermann Smith motioned that Hart a-mail the corrected minutes to staff or the minute-taker, have the changes incorporated into the minutes, and have the minutes approved with those changes. The 10-22-09 minutes are approved with Hart's corrections. Drum seconded. A vote was taken and the .motion carried 9-0. ADJOURNMENT: Gatlin motioned to adjourn. Chappell seconded. The motion carried 9-0. The meeting was adjourned at 9:03 p.m. Z O ~_C CG G O U Z CW J a O W W D Z U Z Q Z N O 2 O U W W ~ U° Z° Q N Z W F- Q M j X X X X X X X X X N c X X X `~ X ~ ~ X X r N X X X X X X X X X ~O ~ i O X i X O X O i O X X ti X ~ X ~ X X X ~ X X X X X X X X X X ~ ~ X X X X ~ ~ ~ X _ ~ N ~ X X ~ X X ~ X ~ X X X M M ~ X X ~ X X X X ~ O X X X ~ X X X X ~ X X X N N ' Z Z ' Z Z Z Z ' Z Z Z ti ~' N ~ X X ~ ~ X ~ X ~ ~ X X N ~ ~ O ~ N O ~ r- ~ ~ ~ O ~ N o O ° O o O 0 ~ d. W X o N O ~- O o N r- O r- O ~ O r- O N ~ 0 _ O _ O ~ W ~ d7 ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O Q ~ W W U w = } ~ Z ~, Z J p Z ~ ~ Q w Q F- N U Q W w Q Q ~ ~ J = ~ ~ m Z ~ W = J N Q = Q -~ ~ O V L ~ ~ Z Q 2 J ui U I- N U ~ a ~ U Z = ~ ~ ~ Q _ ~W ~_ Z ~ W Z ~ ~ ~ ~ Q Z i U O o ~ ~ Q C7 Q = ~ ~ c? ~ ~Q N~ m o U _ cn a~ ~ ~ ~~ w a~i ~ ~ c a~ co ~ ~. Q Z W m c c ~ a~ ~~ a Z II II Y~X Z 5b 4 MINUTES PLANNING AND ZONING COMMISSION JANUARY 21, 2010 - 7:00 PM -FORMAL CITY HALL, EMMA J. HARVAT HALL APPROVED MEMBERS PRESENT: Ann Freerks, Charlie Eastham, Michelle Payne, Wally Plahutnik, Elizabeth Koppes, Josh Busard, Tim Weitzel MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Jake Rosenberg, Sara Greenwood Hektoen OTHERS PRESENT: Libris Fidelis, Wally Pelds, Dave Larsen, Jane Driscoll, Bob Dane RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 7-0 to approve an amendment to the Comprehensive Plan to amend the long-range planning growth area boundary to accommodate the annexation proposed by the Moss Green Development Corporation. The Commission voted 7-0 to approve ANN09-00001 8~ REZ09-00006, an application submitted by Moss Green Development Corporation for annexation and rezoning of approximately 132 acres of land near the intersection of Highway 1 and Interstate-80 from County Agricultural (C-AG) to Interim Development-Research Park (ID-RP). CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Chairperson Ann Freerks. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Libris Fidelis, PO Box 2146, Iowa City, described himself as a resident of downtown Iowa City. Fidelis said he has noticed a lot of new construction going on in the southern portion of the downtown district. He said he finds this new construction alarming because there are some very nice old buildings being torn down to build new apartments. Fidelis said he was also concerned about some information he was starting to pick up that the area being served by the Cedar Rapids and Iowa City railroad (with which, he noted, he has no connection) and by the City Carton Recycling Facility may possibly be rezoned to prevent those businesses from staying there when the area is redeveloped. Fidelis said that it bothers him that Iowa City is not trying to protect its existing businesses. Fidelis said the airport is being encroached on by apartments and the railroad is constantly being encroached on by County buildings and University buildings. Fidelis said there have been many municipal airports nationwide in the last 25 years that have been forced out by residential construction. Fidelis said he could not believe it when they built that apartment building right next to the Iowa-Interstate Railroad on Clinton Street, because a railroad is a 24-hour a day operation and needs to be able to use its air-horn. When a railroad cannot operate because people need to get their sleep, Fidelis said, traffic backs up all over the country. Fidelis said that most people do not realize that a railroad is a 24-hour a day operation and that our airport also has the potential to be a 24-hour a day operation. Fidelis said that Iowa City needs to have zoning and planning and industrial development to protect these industrial businesses and to keep the residential areas out of there. Fidelis said that we are having more and more of a problem, and that he has already Planning and Zoning Commission January 21, 2010 -Formal Page 2 of 15 addressed this to the City Council and the Economic Development Commission. He said he continues to see encroachments of mixing industrial, commercial and residential. Fidelis said that railroads in particular have absolutely no way of fighting back. Fidelis said that he does not wish to see the airport kicked out of the city because of people complaining about it, as he has seen happen all over the country. Fidelis said he would like to see the utmost consideration for protecting our existing businesses. There were no other members of the public who wished to address the Commission at this time COMPREHENSIVE PLAN ITEM: Public hearing on an amendment to the Comprehensive Plan to amend the long-range planning growth area boundary to accommodate the annexation proposed by the Moss Green Development Corporation. Miklo said he was going to present some information on this item as well as on the following item, which is a zoning and annexation item connected to the same property. Miklo noted that some of this was presented to the Commission in a staff report late last year, so the information is intended to refresh Commissioners' memories. The Moss family owns property on the north side of Interstate-80, west of Pearson's. The current zone is Interim Development-Office Research Park (ID-RP). Miklo said that the Moss family would like to annex some additional land to the north of that and eventually rezone that for the development of an office park. However, in order to get to that property, Oakdale Boulevard would need to constructed from Highway 1 to the property, and then through it, eventually extending all the way over to Prairie du Chien Road, Dubuque Street, and Coralville. The applicant has received the consent of the adjacent property owner to join them in the annexation, and staff has received written verification of that from the trust that manages the adjacent property. However, before the properties can be annexed, the annexation must be in compliance with the Comprehensive Plan. Currently, the Comprehensive Plan identifies the growth area as ending at Rapid Creek. That boundary was chosen because it is a naturally demarcated boundary. Miklo said that the growth area is generally based on what the City can serve with sanitary sewer in a gravity flow situation. In this particular area, Miklo said, the City could serve some land north of Rapid Creek, but because the extent of possible service was not known at the time the growth area was drawn, Rapid Creek became the boundary. Miklo explained that the proposal before the Commission is to amend the Comprehensive Plan to include the property in question in the City's growth area. Miklo said it was possible that in the future the City may wish to expand the growth area beyond that, but without doing an extensive study to determine what's most appropriate the City is not ready to go beyond the proposed limits. Amending the Comprehensive Plan would allow the property to be annexed, and then zoned for eventual development. Miklo stated that staff is recommending approval of an amendment to the Comprehensive Plan to include the area in the City's growth area. Miklo said he wished to speak to the rezoning application before the public hearing was opened. The proposal is to eventually rezone this land for Office Research Park; however, it currently has an "ID", or Interim Development. Miklo explained that this designation is used when necessary public infrastructure such as streets, sanitary sewer, storm sewer and water supply are not in place. Miklo noted that in this particular area, none of those elements of infrastructure are present. Until there is a plan to put them in place, staff believes that the interim development designation is appropriate. Miklo said that in the future, once the infrastructure issues are resolved, a rezoning to Office Research Park or similar zoning designations would be appropriate. Miklo presented an image of the plan for connecting Oakdale Boulevard from Dubuque Street across the Iowa River over to Prairie du Chien Road and then eventually to Highway 1/North Dodge Street. The alignment study that was done for Oakdale Boulevard did show it going through the general area being Planning and Zoning Commission January 21, 2010 -Formal Page 3 of 15 discussed; however, this is a very long-range plan for the City and there are no immediate plans or funds to build that road. Miklo said that because of this, the area should be zoned Interim Development until a plan to build the road is devised. Miklo noted that the City is in negotiations with the applicant and it is possible there may be a proposal for a Tax Increment Financing (TIF) District or some other method whereby the applicant would build the road to provide access to their property and if the project is successful and generates additional tax revenues there may be a way to reimburse the applicant for the expenses of the road. Miklo said that all of that is in negotiations and nothing has been resolved. He said that any such plans would be subject to an Urban Renewal Plan which the Planning and Zoning Commission would review, and which would have to be approved by City Council. Miklo said it was possible that some other method to build the road might be found, but that the situation right now is not resolved. Miklo stated that staff recommends approval of the Comprehensive Plan amendment, the annexation, and the rezoning to Interim Development-Research Park (ID-RP) until such time as the infrastructure issues are resolved. Miklo offered to try answer any questions the Commission might have. Freerks noted that the staff report outlined a rationale for the boundary line which, in part, involved the number of acres that could be served by sanitary sewer. Freerks asked how many acres of the approximate 700 acres discussed would be added by the annexation of the area. Koppes said she believed it was 132 acres. Miklo said approximately 132 acres are being annexed. Eastham asked if the staff recommended zoning designation of ID-RP included the entire annexation area. Miklo said that it did. Miklo noted that the zoning designation is the same as that outlined in the Comprehensive Plan for the areas that are already in the city. Miklo advised that the there is no guarantee that the final designation of the zone would be Research Park just because it's interim zoning was ID-RP; rather, the interim designation is just an indicator on the direction the area is headed at this time. Miklo explained that any change to the zoning, once it is designated ID-RP, would have to go back before the Commission to be changed. There were no further questions for staff, and Freerks opened the public hearing. Wally Pelds of Pelds Engineering, 2323 Dixon Street, Des Moines, spoke on behalf of Moss Green Development Corporation. Pelds said that they are very excited about this project, which is just at the very beginning stages. Pelds said the property first needs to added to the growth area, then annexed, then the applicant will present its Improvements Plan to the City and work through the infrastructure issues. At that point, Pelds said, the applicant would come back before the Commission to request specific zoning changes. He said that they have lots of unique ideas for the property. He said that he hoped to keep the Commission excited about the project, which will be very "green" oriented, focusing on energy efficiency. Such a focus would probably require some zoning "tweaks", Pelds said, bringing them back before the Commission and staff in an effort to work through some of the unique features they hope to present in Iowa City. Pelds said that Iowa City was chosen because it is a great location with great demographics for the project. Pelds said that he believes the project will be quite unique, and that they hope to partner with the University of Iowa's Department of Environmental Engineering to have some of their students help design some aspects of the site. Pelds said that he would be happy to answer any questions the Commission might have. There were no questions for Pelds. Libris Fidelis, PO Box 2146, Iowa City, said he was speaking as a partially interested citizen. Fidelis asked if there had been an environmental impact statement for this project. He said that he understood that the Moss family was in favor of the project, and acknowledged that the area is transitional from agriculture to development. Fidelis said that he is aware of the businesses that are close to the freeway and of the hotel in the area. Fidelis said that as far as he is concerned, anything near a freeway is open Planning and Zoning Commission January 21, 2010 -Formal Page 4 of 15 for development. Nonetheless, Fidelis said, he would like to know what the possible environmental impact between the farms and the proposed development might be. Fidelis said that he understands the Moss family is an agricultural family, but that it was also true that an awful lot of farmers have been trying to cash in because the government is basically against agriculture and for the corporate farms of 15,000 acres or more. Fidelis said that his primary interest is how this project will affect farms in the area and how it will affect the local environment. Fidelis said that on the one hand the property is right next to the freeway and prime for development. On the other hand, Fidelis said, development is not compatible with agriculture no matter how you cut it. He said he knows that people want to bring economic development to Iowa, but that doing so destroys farms. There's no way to get around it, Fidelis said, agriculture and development do not mix. Fidelis said that he thinks Iowa City does have a need to consider its future growth, having been a compact society for a long time. He said there is a need for growth and for new jobs. He said his only concern is how this will affect the agricultural areas farther north of this property, and how it will affect the environment with respect to natural wildlife. Fidelis said he is sure that has been taken into consideration, but that he has not heard a word about it. Freerks thanked Fidelis for his comments and advised him that there would be a Sensitive Areas Review, which will consist of an intensive study of the land prior to any development. Freerks asked if Miklo would like to add anything to that, and he said he that the review would take place at the time the property was rezoned from Interim Development. No other members of the public wished to speak and the public hearing was closed. Plahutnik moved to amend the Comprehensive Plan to include the area under discussion in the long-range planning growth area. Koppes seconded. Eastham commented that the staff had laid out a very good outline for why this amendment is appropriate and how it is consistent with the policies and practices generally followed when making amendments to the Comprehensive Plan. Freerks noted that it was acknowledged long ago when the boundary was initially created that it would have to be re-examined in the future. Freerks agreed that the requirements for making an adjustment at this time had been met. There were no further comments from the Commission. A vote was taken and the motion carried 7-0. ANNEXATION /REZONING: ANN09-00001 8 REZ09-00006: Discussion of an application submitted by Moss Green Development Corporation for annexation and rezoning of approximately 132 acres of land near the intersection of Highway 1 and Interstate-80 from County Agricultural (C-AG) to Interim Development-Research Park (ID-RP). Miklo said staff had nothing further to add to previous comments. Freerks asked if there were any questions for staff, and there were none. Freerks opened the public hearing. Wally Pelds, Pelds Engineering, said that he was still present and available for any questions the Commission might have. Planning and Zoning Commission January 21, 2010 -Formal Page 5 of 15 There were no questions for Pelds. Libris Fidelis said that if the City intended to extend the zone for development, they also needed to annex it. He said it is only ahalf-measure otherwise. He said he certainly did not want to see Reef City take any more areas of our territory. There were no further comments from the public and the public hearing was closed. Eastham moved to approve ANN09-00001 8~ REZ09-00006, an application submitted by Moss Green Development Corporation for annexation and rezoning of approximately 132 acres of land near the intersection of Highway 1 and Interstate-80 from County Agricultural (C-AG) to Interim Development-Research Park (ID-RP). Plahutnik seconded. Weitzel said that he wanted to reiterate what Freerks had said about the Sensitive Areas Ordinance. He said he thought this was going to be a very complex area to develop, but that there were ways to address that in the ordinance. Eastham said that in the Commission's discussions to-date, he has been in favor of providing access to this land along the route that is generally in agreement with one of the proposed alignments of Oakdale Boulevard. He said he would look forward to that alignment eventually being continued as the area is eventually rezoned for development. Freerks noted for the public that the alignment of Oakdale Boulevard is something that was discussed and voted on some time ago and is not being proposed by the Commission or the applicant. Freerks said she was in favor of the application and that she believes it is in the City's best interest to have control over that piece of land, especially if Oakdale Boulevard will be going through that area. She said she looks forward to the sensitive areas being carefully looked at. She said she thinks it is an interesting piece of land to try to develop. She said she is interested to see what goes in there. Eastham asked if it is possible to build that section of Oakdale Boulevard without changing the zoning from an interim development to a final zoning designation. Miklo said that it could be. Miklo said that the road itself does not require a rezoning; it is the private development adjacent to the road that would trigger a rezoning. A vote was taken and the motion carried 7-0. REZONING ITEM: REZ09-00011: Discussion of an application submitted by Dealer Properties IC, LLC for a rezoning from Commercial Office (CO-1) zone to Intensive Commercial (CI-1) zone for approximately 5.05 acres of property located on Mormon Trek Boulevard, south of Eagle View Drive. The 45-day limitation period ends January 29, 2010. Miklo introduced Jake Rosenberg, an intern in the Planning Department and a graduate student at the University of Iowa's Urban and Regional Planning Program. Rosenberg presented the staff report. Rosenberg explained that the rezoning request was being made to allow a car dealership to be developed in that area. Rosenberg said the property was annexed into the city in 2003; at that time the zoning was set with the goal of developing the land south of the airport into industrial uses. This area was seen as particularly suitable for Commercial Office and Intensive Commercial uses, along with other industrial uses. It was initially zoned CI-1, and was rezoned CO-1 in 2007. In 2005, the City Council approved a plat that contained a note prohibiting direct vehicular access from this area to Mormon Trek Boulevard. Any access from the property would instead be from Eagle View Drive. Rosenberg said the recent east-west extension of Mormon Trek Boulevard coming through the area will greatly impact future Planning and Zoning Commission January 21, 2010 -Formal Page 6 of 15 development around the subject property. This extension permits new access to the South Central District for future development and provides an arterial street connection to other parts of Iowa City. With a likely future industrial zone to the east, the airport to the north, and commercial development to the west, the subject property is suitable for Intensive Commercial or Office Commercial Development. Rosenberg said the current zoning of the property is Commercial Office (CO-1); a zone that is used to provide specific areas where office uses, apartments, and certain public and semi-public uses may be developed in accordance with the Comprehensive Plan. Rosenberg said that the CO-1 zone can serve as a suitable transition between residential and more intensive commercial or industrial uses. Rosenberg said that the requested zoning is the Intensive Commercial (CI-1) zone, which is designed to provide areas for businesses that are land-intensive or light industrial in nature. He said that these businesses typically require space for outdoor storage and display of merchandise, such as car dealerships. Typical uses in the CI-1 zone, Rosenberg said, might be small scale manufacturing operations, warehousing and industrial service uses. He said that the CI-1 zone is generally not compatible with residential and less intensive zones, so the CI-1 zones are typically located within major commercial areas to provide adequate vehicular access, but are ideally shielded visually, geographically, or topographically from less intensive zones. Rosenberg said that the Comprehensive Plan supports either Commercial Office or Intensive Commercial development for the property. Both the CO-1 and the CI-1 zonings are appropriate for the South Central District's future land use scenarios and will offer suitable transition to future industrial uses that have been identified in the Comprehensive Plan. The South Central District Plan states that the area is suitable for Intensive Commercial uses, such as uses with extensive outdoor storage needs. Rosenberg said that the subject property provides a suitable location for CI-1 zoning because the property is separated from less- intensive zones to the north and is compatible with the planned industrial area to the east. Rosenberg stated that the proposed zoning is compatible with the neighborhood. He said that the subject property is situated near undeveloped Highway Commercial (CH-1) to the south and west, undeveloped Commercial Office (CO-1) to the north, and County Agricultural (A) to the east. Rosenberg noted that according to the South Central District Future Land Use Scenario map, the property immediately east of the subject property is slated for industrial or manufacturing uses in the future. He said that the City's motivation to invest in the extension of Mormon Trek Boulevard was to encourage industrial development in this area. Rosenberg pointed out two farm houses located to the east of the property on the other side of the old Dane Road. Rosenberg explained that in the future these properties may be redeveloped, but in the meantime they would benefit from landscape screening along the east side of the proposed CI-1 zone. Staff recommends that as a condition of approval of this rezoning, a landscape plan that meets a minimum of S-3 screening standards be required. Rosenberg said this could take the form of large pine trees that would be used to block light from the car displays. Rosenberg said that it is staff's belief that with some additional landscaping to provide a screen for the neighboring farm houses, the requested CI-1 zone would be compatible with existing and proposed surrounding uses. The CI-1 zone provides an appropriate transition between the highly invisible CH-1 to the west and the planned industrial area to the east. Rosenberg shared a copy of the site plan that had been provided by the applicant. He noted screening along the berm, but noted that the large conifers recommended by staff would go beyond that provided in the site plan. Rosenberg shared several photographic views of the area, to show the various uses in the area and the lay of the land. Staff recommends approval of the application subject to staff approval of a minimum 20-foot wide landscape buffer meeting S3 screening requirements along the east property line for a distance of 300 feet south from Eagle View Drive. Miklo clarified that, as discussed, one of the motivations for extending Mormon Trek Boulevard was to encourage industrial development adjacent to the airport. Miklo said the plan has a vague boundary in the area in that there is a hillside in the area. He explained that it is best to rely on topography to determine Planning and Zoning Commission January 21, 2010 -Formal Page 7 of 15 boundaries, noting that the property at the top of the hill may be better suited for Commercial Office but not necessarily industrial. Miklo said that staff understands that the family that owns that property is very interested in having it preserved as open space or park land. Miklo noted that the land does have a very dramatic slope and great views of the city. Miklo said that he believes the discussions on preservation of that open space occurred after the Comprehensive Plan was drawn up. Miklo said he just wanted to clarify that the property to the immediate east is likely not going to be industrial, and that the industrial may occur farther to the east. Koppes asked how many feet from the subject property the farm house is, and asked about other buildings located nearby in the aerial photograph. Rosenberg said that the house is about 300 feet from the property line, and that the structure in the photograph is a cell phone tower. Busard asked Rosenberg to show the site plan again. Rosenberg noted that the site plan was just conceptual at this point. Payne asked if it was correct that the entire eastern property line of the subject property is more than 300 feet. Miklo said that was correct, and that staff is suggesting a landscape buffer that stretches south from Eagle View Drive for 300 feet. He said that the uses further south will likely be CI-1 uses. Eastham asked if the site plan shows an access to Mormon Trek to the south of the property. Rosenberg said that direct Mormon Trek access is not allowed. Miklo explained that there actually is an easement that would allow access to Mormon Trek not directly from this lot, but over an adjacent property. Miklo noted that this area is currently not in the city, but that the plan was to minimize the number of curb cuts onto Mormon Trek Boulevard. Miklo said the thought was that an easement for shared access would allow access and keep curb cuts to a minimum. Eastham asked if it was correct that approving the application before the Commission would not imply endorsement of that particular access. Miklo said there is an easement and the recorded plat for this property notes that this property may have access via that easement. The details of the site plan itself will have to be approved at the time the building permit is issued. Staff has not examined the site plan for compliance with all of the city's codes; which, Miklo added, is not really the intent at this time. The question to be answered now is whether or not this is an appropriate zone. Miklo noted that if there are some concerns they may be able to be addressed through a conditional zoning agreement. Freerks noted that, technically, if the property was rezoned any use that is allowed in a CI-1 zone would be allowed to be on that site; it would not necessarily mean that this site plan or this business would actually become the use for the property. Eastham said that his immediate thought is that he wanted to clarify that the Commission would not at all be endorsing that particular access if it were to approve the rezoning. Freerks said the site plan does make it look as though there is a curb cut. Miklo explained that there is likely to be a curb cut and access point because the plat provides for it; however, the location would not yet have been pin-pointed; that would come with site plan approval. Miklo said it may be that when the street was constructed the curb cut was identified, but he has not looked at those construction documents to verify that. Payne asked why the zoning was changed from CI-1 to CO-1 back in 2007. Miklo said that the whole area was zoned CI-1, Intensive Commercial, and the property owner had an interest in doing a variety of different uses, so they applied for CC-2 zoning. Staff advised against CC-2, and it was found that Commercial Office, CO-1, could meet the property owner's needs. Miklo said there was some discussion at that time if the zoning should just be applied to the northern lots or if it should be applied to the whole property. Miklo said the applicant chose to seek rezoning of the entire area. Payne asked if it is a different applicant that is now seeking to rezone the property back to what it was to begin with. Miklo said that he believes Dave Larsen, who is representing the applicant, also represented the previous applicant. He said there seems to be some connection, and he will ask Dave Larsen to address that. Payne asked if it would be normal to flip flop back and forth between zones until something is developed on a property. Miklo said it is not normal, and is something staff likes to avoid. He said there have been a couple of circumstances where that's happened. He said that in this particular location the Comprehensive Plan provides for either Planning and Zoning Commission January 21, 2010 -Formal Page 8 of 15 zoning. Koppes said she remembers this application because she remembers having this same exact conversation about not wanting to keep flipping the zoning of the property. Koppes said she remembered saying at that time that if the zoning was flipped to CO-1 it would need to stay there, and that was just three years ago. Freerks said the discussion tonight is whether the Commission feels that this is an appropriate zone for this property. Miklo said it was possible Koppes was remembering a similar situation on Ruppert Road. Koppes said he could be right. Busard said that requiring the S3 screening basically makes this a conditional zoning. Busard noted that no matter what use would go in there, the buffer would have to be put in. Busard asked when the buffer would have to be installed. Miklo said it would need to be done at the time of construction. Payne asked if the screening would be on the top, the east, or the west side of the berm. Rosenberg said the screening would be on the west side of the berm. He said the idea would be to get taller conifers, taller than 20-feet, that would block out some of the display lights of a car dealership. Payne said that when she considers the lay of the land, she wonders if staff considered requiring the buffer to go around the corner on Eagle Drive also to block the view from the farm house. Payne also noted that the house to the north is pretty far to the north and may not benefit from the current buffer placement. Miklo said that staff had considered bringing the buffer around the corner but that they believed there was adequate distance involved to make the buffer less necessary in that area. Miklo said it was certainly something that the Commission could require if they felt strongly about it. Eastham asked if car lots were also subject to the code's lighting standards and Miklo told him that they were. Eastham noted that the requested zoning designation is CI-1, but that car lots are also allowed in CH-1 zones. Miklo said he did not believe car lots are allowed in CH-1 zones; he said he believed that car lots in the CH-1 zone would be non-conforming uses that had been grandfathered in. Ptahutnik noted that PIP Printing is the closest neighbor to the proposed car lot, and asked if they had had any comment on the application; Miklo said he has not heard from them. Freerks opened the public hearing and invited the applicant to address the Commission first. Dave Larsen, Kalona, said that the supposed flip-flopping of the zones was because at the time of the rezoning, they were considering keeping part of the property CI-1 and they needed a CO-1 designation for PIP Printing. At that time, Larsen said, they were also being approached by several medical facilities. Those facilities could not go in a CI-1 zone, and so that is why the designation was changed. Larsen said that at the time, which designation they wanted for that property was kind of a toss-up. Payne asked if it was just because of who was interested in the property that the zone had been changed, and Larsen said that those who had expressed interest in the property needed a CO-1 designation. Larsen said that the farm house to the north belongs to John Dane. Larsen said that John Dane did not express any problems with the proposed changes when Larsen spoke with him today. Larsen said that the lighting for the facility is designed to keep all light from leaving the property. Larsen said the architect indicated that there will be perhaps one foot-candle of light beyond the property per lighting unit. Larsen said these lights will do a really good job of keeping the light on the property. Payne asked how tall the lights are. Busard said the site plan says the lights along the edges are 21 feet and those in the middle are 27 feet. Larsen said he was just given the staff recommendation for the 300 feet of landscape buffer. Larsen said that he would rather have it go to the property line where the George Dane property ends. Miklo said that the 300 feet was intended to cover roughly to that same point that Larsen was talking about. Miklo said the thought was that there would be no residential or agricultural designation in the future if the property is annexed. Freerks asked if there would be benefit in taking the buffer even further. Larsen said that the ten Planning and Zoning Commission January 21, 2010 -Formal Page 9 of 15 acres along the bottom of the site is John Dane's property, which they will also be developing, and so the most logical point to end the buffer is the at the end of the George Dane property line. Plahutnik said that the screening and the light reduction sounds great, but seems counterintuitive to every car lot he has ever seen. He said that every car lot seems to seek to be on the highway, highly visible and lit to the max. Larsen said the lighting for the facility is designed with a screen that keeps the light on the lot; the light will end at the curb. Larsen said that most dealerships do not have a screen on their lights and so they shine right in one's eyes. Plahutnik asked if this meant that there would not be an effort to be visible from Highway 1 then. Payne said that it sounded like the light will be bright but the candle power will not bleed off the property. He said that the dealership would be visible, but that the light would not shine into the distance. Larsen said that the security lighting will also be in compliance with the ordinance which requires that after business hours the lighting shifts over from normal lighting to a security lighting system. Larsen said that it may even be possible to work with it a little more so that the security lighting comes on in the east, closest to the farm house, a little earlier than it does on other parts of the lot. Larsen asked if Eastham had a question. Eastham said he was just going to ask his usual question, which is what the cost per foot is for S3 screening. Miklo said that S3 screening is typically achieved by planting evergreens such as white pine or spruce. Payne asked how big they have to be at the time of planting. Miklo said he believed they have to be three or four feet at the time of planting. There were no further questions for Larsen. Libris Fidelis said that he is not a pilot. He said that discussions of the lighting at the proposed facility indicate that the light will not leave the property. He said that there is, however, reflecting and refracting light, and he is curious as to whether or not the Airport Commission can have input on this facility. He reiterated that he is not a pilot, but said that when a pilot is coming in from 5,000 feet whatever is being illuminated can compete with a pilot's night vision. Fidelis said that even though there are already car dealerships in the area and all airports have their own parking lots on them, dealerships do have an awful lot of excess light in comparison to other businesses. Fidelis said that he really hoped that the Airport Commission would be consulted as to their view of what it would be like for a pilot coming in at night to encounter that level of light on the approach. Fidelis said that surrounding the airport with bright lights seems like it would create competition for the pilot's attention. He said that it was possible there were other ways of compensating for the problem of too much light and that he did not know as he is not a pilot; however, he reiterated his pleas that the Airport Commission be consulted. Jane Driscoll, address not given, said she was speaking on behalf of her grandfather, George Dane, who owns the property at 4120 Dane Road Southeast, just south of the parcel in question. She said the property is bounded by Mormon Trek and directly across from the five acre parcel under review for rezoning. Driscoll said she was joined by her parents, Francis and Janet Driscoll, who currently reside at the home at 4120, as well as a number of other family members. Driscoll said that her grandparents built the home at 4120 Dane Road in 1948. Driscoll said that in addition to a family residence this property has an apple orchard, grape vineyard, flowering trees and bushes, walnut and oak trees, farm crops, livestock, and other amenities. Driscoll said that from the high hill where the house sits one can look out to the northeast and see downtown Iowa City, City High School, and the Iowa City Airport; to the east across the Iowa River Valley to Lone Tree, West Liberty and south to Hills; to the west are the rolling hills of the Iowa prairie; and, from this location fireworks from four different communities can be seen. Driscoll said that the sunrises on the property are as beautiful as the sunsets. Driscoll said that her grandfather believes that we are all tenders of the land for just a short time; that the land is a gift to us and that we must be mindful of its care. Driscoll said that ten years ago this property was designated to become a park so that the sledding hills and the beautiful vistas will remain for the world to enjoy. Driscoll said that it is with this in mind that the family considers the property currently under review. She said that the family finds the proposed car dealership to be less than desirable as a neighbor, but that the family is not naive to believe the property will not be developed. Driscoll said the family would like to see Planning and Zoning Commission January 21, 2010 -Formal Page 10 of 15 a scenario that results in the best use for that property and the best use for land that is adjacent to a future park. Driscoll said that she cannot say that she knows of any other parks adjacent to car dealerships; the uses, she said, are simply not compatible. Driscoll noted that car dealerships bring high traffic, require high visibility and attention-getting displays; things that are not compatible with residential or park uses. Driscoll said that outside storage lots require intensive lighting to display the merchandise and prevent vandalism and thefts; these things are also not compatible with residential or park uses. Driscoll said it is difficult to star-gaze in a park with the glow of security lighting illuminating the sky. She said the family has already had direct experience with these issues, but have, until tonight, tried to remain good neighbors with the existing car dealership at the corner of Highway 1 and Mormon Trek. Driscoll said the dealership's speaker system can be clearly heard from their home; at night, lights from the lot radiate in all directions requiring her parents to keep their blinds drawn, thus, restricting their use and enjoyment of their own views. Driscoll said that there is activity on all sides of a car dealership. Driscoll also noted that the large trucks delivering cars and trucks are often off-loaded in the street because the trucks doing the deliveries are so big. Driscoll explained that Eagle View Drive would not be adequate to the traffic needs the dealership would generate. Driscoll said they agree with the S3 screening standard requirements, and suggest using light limitations similar to those in the airport zone. Driscoll said the family suggests noise restrictions, hours of operation restrictions, and limits to the location and number of accesses onto Eagle View Drive and Mormon Trek. Driscoll said that the family has not yet met their neighbors, but that promises and good intentions should be documented as Commissions, City Council, staff, and property owners change over time. Driscoll said that conditional zoning requirements placed on the property at the time of rezoning will document the agreements and intentions for the future. Bob Dane, address not given, said that he had not intended to speak because Jane Driscoll speaks so eloquently on behalf of the family. Dane said that he has been in the house at 4120 Dane Road since he was one and a half years old, so he is quite familiar with the property. Dane said he was a bit taken aback by Miklo's statement that the family is interested in having a park in that area. Dane said that the park is a done deal and has been for ten years. He said that the land will be turned over to the state and then will be managed locally. He said the property would be a state park. Dane said that one of the reasons his father agreed to have the cell tower put on the property was to provide the income necessary to provide the maintenance for the park in perpetuity. Dane asked if there was anywhere else where industrial or intensive uses were placed next to a park. He said that he also finds it interesting that lighting and screening are being discussed two steps ahead of deciding if the zoning is appropriate. Freerks asked what area the park land includes. Dane briefly outlined on a visual aid where the park would be located, running approximately'/ mile east from Dane Road. Dane said one of the reasons the park land was extended over the hill was to prevent tall buildings from being developed on the east side of the property and blocking the view. Dane said that you may no longer be able to see West Liberty, but you can see the "golf ball" of Williams Pipeline. Dane said that when he was a kid he could use his binoculars to watch the trains come in on the Rock Island line, seeing them first out by the pipeline, then seeing them again by the old South Johnson train station and then watching them cross the river at Riverside Drive. Eastham said his understanding is that there is a plan to make some of the land to the east of this rezoning into a park, and he asked if he could have a little more information about the process by which that was to occur. Dane said it has been set up in George Dane's will, set up in the Midwest One Dane Family Trust, and at the time of the dedication of the property it was approved by the Parks and Recreation Commission; at that time, both the City Council it and the Planning and Zoning Commission were aware of it. Dane said the park has been given over to the State of Iowa Natural Heritage Trust who will pass control or care to Johnson County who in turn will pass control over to the Iowa City Parks and Recreation Department. Dane said the support for funding and maintenance will be the rent received from the cell tower company. Dane said that they have been around politics long enough to know that land can be used for other purposes than what it may have been intended when first dedicated. Dane said that the caveat for this type of arrangement is that if the local government does not do its duty, the property could go back to the County, and ultimately the State. Dane said that when his grandfather bought the farm in Planning and Zoning Commission January 21, 2010 -Formal Page 11 of 15 1928 he knew that the town would get there eventually, but he also wanted to preserve that view of Iowa City because there is no other view like it in Iowa City. Plahutnik noted that Dane seemed to be speaking a little more forcefully than Driscoll had. Plahutnik said that at some point the Commission was going to have to vote on the issue, so he wanted to bring a little focus to this discussion. Plahutnik said that Driscoll mentioned a number of logistical concerns to be considered, whereas Bob Dane seems to be saying something much stronger. Dane said that he thinks PIP Printing next door and the neighbors to the north are excellent uses of the property. He said he thought athree-story medical office, or a building something like Lepic and Kroeger's building on Mormon Trek would be appropriate uses of the property. Dane noted that shiny cars reflect lighting even if it is directed downward. Dane said that intensive, major, industrial development is not appropriate next to a park. He said that one sees residential next to parks, or small office buildings next to parks; one does not see car dealerships next to parks. Eastham said that his understanding is that the land dedication will open the property up to the public. Dane said that was correct; it would be a public park operated by the City. Dane said that it is his understanding that once the seven grandchildren of his parents say that they do not want to live on the property, the property rolls over to the state. He said that there is a caveat that says no other buildings can be built on the property; maybe a park shelter, but no big maintenance buildings or houses. Dane said it is a park; it will be a park; open to the public. Dane said there is room in the grassy areas for croquet fields and horseshoe pits. The City could let people pick the apples or the grapes, he said. The garden between the two farms could be designated community garden space. Dane told a story that years ago a former coach of the Iowa football team used to bring his family out to tend a small garden to get that experience for his children as they grew up. Dane said these are the kinds of things they would like to see the property used for. Dane said the land is beautiful for watching fireworks and the view of the airport is beautiful. He said they never need to watch the weather report, they just look outside. Payne said it sounded like Dane was not opposed to development, he would simply rather see the zoning remain the way it is now. Dane said that was correct. He said the family is not against development or use of the land because they are not that selfish. He said they just want to be able to provide the same types of experiences to people coming to Iowa City in the future. He said they also have discussed that they would like their cousins to be able to come back with their own grandchildren and point out the hills where they played as children. Eastham asked if Dane had any idea when public access might start. Dane said it was impossible to say for sure. There were no further questions for Dane and Freerks thanked him for his input. Dave Larsen said that he wanted to say that the car dealership is very concerned about how its neighbors feel about it, and that is why the dealership is willing to do a lot of work to shelter the nearby property from lighting issues and so forth. Larsen said that this property is about 20 feet below the hill where the cell phone tower is located. He noted that he would be developing property to the north and south of the property and that visibility-wise lighting would show more from the north and the south due to the topography. Larsen said that because of this, if he was to choose a place for a car dealership, he would opt for the proposed property. He said that he thinks that with the lighting and with the restraints that will be put on the car dealership the Dane family will be happier with the dealership than they would be with an office-type use. Libris Fidelis said he wanted to reiterate his pleas to the Commission that before they make a judgment they contact the Airport Commission and find out if the additional lighting from a car dealership would affect pilots. If the Airport Commission says that this is not important to them, Fidelis said, then the Planning and Zoning Commission can defer to its own judgment, but he believes the Airport Commission should have a very strong say in this matter. Jane Driscoll invited the Commissioners to come out any time to see the property, and said that the family would be happy to give personal guided tours if desired. Greenwood Hektoen advised that the Commissioners could not have contact with the applicant or affected parties outside of the meeting. Miklo Planning and Zoning Commission January 21, 2010 -Formal Page 12 of 15 clarified that Commissioners could visit the property, but could not speak about the matter with the Dane family while there. Driscoll said that if the Commissioners called to say when they were coming, the family would be happy to stay away. Bob Dane said he was not thinking of moving the dealership to the north; he had been thinking it should be moved more to the west side of Mormon Trek. Dane said that as a side note, his family knows a lot about the airport because his grandfather hauled the rock for the first runways. Freerks noted that the 45-day limitation period for this application is January 29, 2010. She said that the Commission is required to make a vote on the matter this evening unless the applicant is willing to waive the 45-day limitation period and allow a deferral to the next meeting. Freerks said that if Commissioners need time to consider and think over the CO-1 to the CI-1 zoning change, then the Commission could ask the applicant to consider a deferral. Koppes said she would prefer a deferral because with any controversial zoning change the Commission typically takes at least two meetings to decide. Miklo noted that there would have been two, but that one was cancelled as a result of a snow storm. Eastham said that he too supports deferral. He said that the potential nearby land becoming a park at some time in the future is something that he was totally unaware of. Freerks said she did not really want discussion right now, but that she was asking before the public hearing was closed in order to give the applicant the chance to speak to a deferral. Busard said he would be in support of a deferral because he would like to actually go out to the property. Plahutnik said he too would tike to defer if the opportunity arises. Freerks said that if a deferral was not allowed by the applicant then the Commission would need to vote either for or against the application. She asked Larsen if he would allow for a deferral until the next meeting on February 4, 2010. Larsen said he would be willing to consider a deferral, and asked what items specifically the Commission wished to clarify. Freerks said the Commission would talk more about that at discussion time. Miklo said that some of the concerns raised had to do with signage, lighting, and landscaping; all matters regulated by the zoning code. Miklo said it is possible to create a conditional zoning agreement wherein standards above and beyond those found in the code can be implemented if there is a public reason for doing so. Miklo said that one example would be to prohibit signage on the side of the building that faces residential property. Miklo said that if there are things like that the Commission feels could be negotiated with the applicant, it would be helpful to identify those so that they can be explored before the next meeting. Plahutnik said that in any rezoning there is always an obvious benefit to the applicant. The way he looks at these applications is through the lens of whether the zoning complies with the Comprehensive Plan, and what, if any, is the benefit to the city and for the future. Plahutnik said that in this instance it is bad for the applicant if the car dealership is located somewhere else. However, the question Plahutnik needs to answer is if that would be a better result for the city. Plahutnik said his question for staff was if there are currently appropriately zoned properties available for this car dealership at this time, and if so, is that a better benefit to the city with this property being right next to a proposed park in the future. Greenwood Hektoen said that the public hearing should probably be closed since the applicant had given his consent to defer. Larson said that he had some questions in regard to the deferral. He said Freerks had asked if he would be willing to defer, but that he had not yet said that he would give consent. Larsen said his other question is, what is the rub between a park and a car dealership. A park, Larsen said is utilized during the day, so the lighting would not be an issue. He said he did not understand why there would necessarily be a friction between a car dealership and a park. Koppes said that she believed noise could be an issue. Larsen said the noise would be very small in comparison to other potential uses. Freerks said it was possible she would be in favor of the application but that she just needs to spend a little more time making the right decision. She said she is certainly not saying that she would be voting no, but that she has questions and concerns and she wants to make sure that they make the best choice for the area. She said that she is not saying that a park and a dealership could not go side by side, she simply is not sure and needs to think about it a little more. Larsen said that the car dealership has purchased three other car dealerships in that area and so this is really the only property available for them as they want to stay in the neighborhood. Larsen said that the use also fits in with surrounding uses, and that the area has already been established as an area where car dealerships are located. He said that this is the reason Mormon Trek was extended, to promote the city and develop that area. Freerks Planning and Zoning Commission January 21, 2010 -Formal Page 13 of 15 said it was possible that there were simply some other landscaping ideas they had not yet considered. Freerks said there would likely be an informal meeting prior to the formal meeting just to work through some of those issues. Larsen asked if the Commission would have to have two more meetings in order to vote for the issue twice if a deferral was granted. Freerks said that was incorrect; the Commission meeting on the 4th would take care of the matter. She said she understood that Larsen needed to keep on apace acceptable to the car dealership as well. Greenwood Hektoen asked if Larsen would be willing to waive the 45-day limitation period until the February 4th meeting. Larsen said he would agree to that. Freerks asked if there were any other comments before the public hearing was closed. There were none, and the public hearing was closed. Freerks asked for a motion. Eastham moved to defer consideration of REZ09-00011 until the February 4, 2010, formal meeting. Weitzel seconded. Eastham said his interest is twofold: 1) if this parcel were to develop as a car dealership and the property to the east were to develop as a public park, could those two uses be made compatible; 2) a little more clarification about the process involved in the property to the east becoming a public park. Eastham said that he would like staff's input on the park. Eastham said that the answers could have implications, at least in his mind, about further development in the area. Payne said she has a couple of questions about Dane Road. She asked if the dead end picture indicated that the road will be a through-road some day. Miklo explained that it used to be a through-road and that it has been blocked off; there will probably be grading to the site in the future to smooth the area out. Payne said that the curb cuts and the unloading of vehicles on the street was a good point to consider. Miklo said cars would likely be unloaded on site, but that those things can be clarified with the applicant. Payne thanked the Dane family for coming to speak. She said she was appreciative of the fact that they were not against development but were seeking the best use of the land. Payne said that was exactly what the Commission was there to do as well. Plahutnik said the park was a surprise to him as well, and he needed a little time to consider that. Plahutnik said seeing the site plan and have things cleared up would be great before a vote was taken. Plahutnik said he has enjoyed outdoor recreation next to a sewage treatment plant when the wind is in the right direction, so he is not convinced that incompatibility is an issue. He said he would also like to go out to the property, and that he is very much for deferral. Busard said he just wants to get a look at the topography. He said he was not yet sure about the compatibility or incompatibility of the uses, but would like to see the property to see about landscaping and design possibilities, and to review the site plan. Weitzel said he would like to look at the application from a comparative point of view between what the property is zoned now, versus the requested zone. He said he would like to visit the site and hear more about whether or not there is a way to make these uses compatible. Koppes said she would like to go back to the minutes and see what was said when the zoning was changed the first time. She wants to know the arguments that were made then as to why the property should not be CI-1. She said she would also like to look at the other uses of the CI-1 zone and see what other possible uses could wind up there, as a car dealership could not be guaranteed. Koppes said she would also like to consider noise as a factor. Payne asked if the land to the south is still in the County. Miklo said that it is and that it is zoned for agriculture. Payne asked what the potential zoning for that would be when and if it is annexed into the city. Miklo said it would likely be CI-1 or CO. Miklo said the Comprehensive Plan will have designated it as something that can be compatible with industrial development. Miklo said that in the past a concern has Planning and Zoning Commission January 21, 2010 -Formal Page 14 of 15 been that when areas were identified for industrial parks the land would have to be on the market for quite awhile. Miklo said there has often been the temptation to zone it for more easily marketed commercial uses, which led to a lack of industrial land. Miklo said that some industrial firms have come to Iowa City looking to locate here and could not find an appropriate space. Miklo said that CC-2 tends to become rather strip-commercial in character, and winds up eating into industrial areas, whereas CO and CI-1 are more compatible with industrial uses. Koppes noted that no one even knew if that would be annexed into the city anytime soon. Miklo said that was true, but that he suspected it would be. He said the building of Mormon Trek Boulevard has really added value to the land. Freerks said the community put a lot of investment into Mormon Trek and the reality is that development will come to that area. She said that, for her, the deferral may be to take a look at how a car dealership could be a little more compatible, or whether what has already been proposed really would work, or if it would not work at all. Freerks said revisiting the idea of the buffer and screening may be one way to go. Freerks said that we all tend to look back to things in our backgrounds. She said her parents in northern Iowa have a lovely farm, not far from which was a beautiful park which is now in the shadow of an ethanol plant. Freerks said that because they did not own that land, her family just had to of come to grips with it. She said she does understand what can occur, and she wants to make sure whether this is the right thing to do or not for that area. Eastham asked staff to include any opinions made by the Parks and Recreation Commission up to now about this potential park. Plahutnik said that Driscoll's statement had to be the most reasonable objection to a development that the Commission has ever heard; completely accepting of the realities and the economic fact that this is somebody else's land. Plahutnik said it was very refreshing to hear somebody to approach things from that viewpoint, and thanked Driscoll for her comments. A vote was taken and the motion to defer was passed 7-0. CONSIDERATION OF MEETING MINUTES: December_14 8~ 17, 2009: Payne asked for clarification on a passage. Busard motioned to approve the minutes. Payne seconded. The minutes were approved 7-0. OTHER: None. ADJOURNMENT: Koppes motioned to adjourn. Payne seconded. The meeting was adjourned on a 7-0 vote at 9:15 p.m. s/pcd/mins/p8,z/2010/P8Z01-21-20.doc Z O ~_ O U ~ ~ Z ~ O~ N ~ D Z W Q Z C7 Q Z_ ZZ w 0 aQc°~ Z H W w O w rL ~ moo. wX F-W r .- n O ~ ~ i O M ~- n O N ~ in O O ~ n O O r- in O M ~ in o W ~ Q z Q 2 fn ~ ~ ~ Q cn ~ m w J Q 2 V Q _ f- v~ 0 w Z Z Q Y ~ w w 00 u. H W Q N W N W a a O Y J ~ j 2 U ~ W z ~ Q a ~ J Q ~ Y ~ ~ = Q J a ~ ~ w N ~ - W ~ Z H W W O z E 0 ~a ~ o ~z ~ U p~ ~ X w •~~-, E ~~a~ ~~~~c~ ~ Q Z o a a ~~ ~~ Z u u w ~ XOOz w Y