HomeMy WebLinkAbout2019-08-06 Bd Comm Minutesi
CITY OE IOWA CITY
www.icgov.org
August 6, 2019
ATTACHMENTS:
Description
Airport Commission: June 20
Item Number: 4.a.
June 20, 2019
Page i
MINUTES
IOWA CITY AIRPORT COMMISSION
JUNE 20, 2019 — 6:00 P.M.
AIRPORT TERMINAL BUILDING
Members Present: Warren Bishop, Christopher Lawrence, Judy Pfohl
Members Absent: Minnetta Gardinier, Bob Libby
Staff Present: Sue Dulek, Michael Tharp
Others Present: Carl Byers, John Gaspar, Dan McGahee, Matt Wolford
FINAL
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council
action):
None.
DETERMINE QUORUM:
The meeting was called to order at 6:03 P.M.
APPROVAL OF MINUTES:
The minutes of the May 16, 2019, meeting were reviewed by Members. Bishop moved to
accept the minutes of the May 16, 2019, meeting as presented. Lawrence seconded the
motion. The motion carried 3-0, Gardinler and Libby absent.
PUBLIC DISCUSSION:
None.
ITEMS FOR DISCUSSION/ACTION:
a. University of Iowa Research Projects — Dan McGahee, Director of the National
Advanced Driving Simulator, spoke to Members. He briefly explained what his
work involves and the desire to use the closed runway at the Airport for some of
their automated vehicle work. He then introduced Dr. John Gaspar, who is the
Director of Human Factors Research at the Simulator. Dr. Gaspar then spoke to
what their proposal is regarding the runway. The project involves the study of
transfer of control in the context of vehicle automation. He further explained what
would be involved in their work, adding that they would paint a couple of lanes to
simulate a roadway, on which the vehicles would drive. Tharp spoke to the
agreement that has been drafted, noting that the U of I will be responsible for the
painting on the runway. In lieu of a fee for renting the space, they are also going
to repaint some of the runway markings on the closed runway. He then
responded to Member questions regarding the proposed agreement and any
possible effects on events at the Airport.
June 20, 2019
Page 2
I. Consider a resolution approving agreement with University of Iowa
for use of closed runway for vehicle testing — Lawrence moved to
approve Resolution #A19-10, an agreement with the University of
Iowa for use of the closed runway for vehicle testing. Pfohl
seconded the motion. The motion carried 3-0, Gardinier and Libby
absent.
b. FAA/IDOT Projects
i. Obstruction Mitigation — Tharp stated that things are progressing and
he gave a quick update to Members.
ii. Runway 25 Threshold Relocation — Tharp stated that a survey team
was out today and started putting markings in that area. So far things are
on pace as expected.
C. FBO / Flight Training Reports
I. Jet Air — Wolford shared the monthly maintenance reports with Members.
The zero -turn mower needed a major overhaul, but they were able to rent
one for a week so they could keep up with the mowing. Members spoke
briefly to when this mower might need replacing. Continuing, Wolford
noted that they have done some painting in the viewing area. They have
also done some maintenance on the U of I hangar and their fuel system.
In June, Wolford noted that trash pickup and mowing have been major
tasks. They were also able to trim bushes around the grounds and will be
laying down mulch soon. Another task was the calibrating of the self-
service meters.
Speaking to Jet Air's business, Wolford said things are going well. They
have sold more planes, but he hopes to hold on to the arrow they
acquired. Their charter business is continuing to do well, and
maintenance is keeping busy. Fuel sales have been down this spring,
according to Wolford, but he added that this is most likely due to the
weather they have had.
d. Airport Operations
I. Management — None.
Ii. Budget — Tharp stated that the end of the fiscal year is approaching. He
expects to end as expected. Next month he will do a review for the new
Members.
iii. Events
1. Open House — June 22 — Tharp noted they had the viewing area
ribbon cutting recently and that it went well. Coming up is the open house
with the U of I's hangar and their operations.
2. Young Eagles Day — August 10 — Tharp briefly explained what
this event will entail.
3. Pancake Breakfast -- August 25 — Tharp noted that this event is
hosted by the Optimist Club.
e. Commission Members' Reports — Mention was made that Congressman
Loebsack will be coming through the Airport on Friday, June 28, at 12:45. Tharp
invited Members to be present that day. Bishop noted that he will be at Osh
June 20, 2019
Page 3
Kosh on Monday and Tuesday, possibly Wednesday. While there he'll look at the
various flight simulator options. Tharp welcomed Pfohl to the Commission.
f. Staff Report — Tharp stated that next week he will be in Ankeny for the Public
Airport Association meeting. At this point Tharp asked Members to vote on an
Acting Secretary for this meeting due to absences. Lawrence moved to
appoint Pfohl as Acting Secretary for this meeting. Bishop seconded the
motion. The motion carried 3-0, Gardinier and Libby absent.
SET NEXT REGULAR MEETING FOR:
The next regular meeting of the Airport Commission will be held on Thursday July 18, 2019, at
6:00 P.M. in the Airport Terminal Building.
ADJOURN:
Lawrence moved to adjourn the meeting at 6:31 P.M. Bishop seconded the motion. The motion
carried 4-0 ier and Libby absent.
?�2N/jot
CHAIRPERSON DATE
June 20, 2019
Page 4
Airport Commission
ATTENDANCE RECORD
2018.20'19
Key:
X = Present
X/E = Present for Part of Meeting
O = Absent
O/E = Absent/Excused
NM = Not a Member at this time
TERM
o
.+
s
..4
0
0
o
cy
j
o
0
NAME
EXP.
00
CD
A
N
N
w
co
0o
co
W
W
W
W
W
W
Warren Bishop
06/30122
NM
O/E
X
X
X
X
X
X
X
X
Minnetta
06/30119
Ol
OI
Gardinier
X
X
X
E
X
X
E
X
X
O!E
Robert Libby
07/01/20
Ol
O/
E
O/E
X
X
X
X
E
X
X
O/E
Christopher
07/01/21
Lawrence
X
X
X
X
X
X
X
X
X
X
Derek LaBrie
07101/22
O/
Ol
X
X
X
E
X
X
X
X
E
NM
Jody Pfohl
06/30/22
N
N
NM
NM
NM
NM
NM
NM
M
M
NM
X
Key:
X = Present
X/E = Present for Part of Meeting
O = Absent
O/E = Absent/Excused
NM = Not a Member at this time
Awl Q-
CITY OE IOWA CITY
www.icgov.org
August 6, 2019
ATTACHMENTS:
Description
Board of Adjustment: May 8
Item Number: 4.b.
MINUTES
BOARD OF ADJUSTMENT
MAY 8, 2019 — 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Ernie Cox, Connie Goeb, Ryan Hall, Zephan Hazell, Amy
Pretorius
MEMBERS ABSENT:
STAFF PRESENT: Susan Dulek, Jesi Lile
OTHERS PRESENT: Tim Waldron
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
FINAL
A brief opening statement was read by Goeb outlining the role and purpose of the Board and
the procedures that would be followed the meeting.
CONSIDER THE APRIL 10, 2019 MINUTES:
Pretorius moved to approve the minutes of April 10, 2019. Hall seconded the motion.
A vote was taken and the motion carried 5-0.
SPECIAL EXCEPTION ITEM EXC19-04:
An application submitted by Faith Baptist Church for a special exception to allow for an
approximately 2,600 square -foot addition onto the existing Church located in a Medium Density
Single Family Residential (RS -8) Zone with a Planned Development Overlay (OPD) located at
1251 Village Road.
Lile began the staff report showing an aerial view of the site and a zoning map showing the
church is surrounded by single family residential. Faith Baptist Church has been at this location
since the early 1970's. The applicant hosted a Good Neighbor Meeting on April 30, 2019. Two
neighbors attended with questions and concerns about potential stormwater management
issues. Pastor Waldron was able to address the neighbors' concerns. The proposed request is
to add a 2,600 square foot addition to the southeast corner of the building in order to construct
two new classrooms, an elevator and additional restrooms. Lile noted that religious and private
group assemblies can add additions up to 500 square feet through the minor modification
process but since this is an expansion of more than 500 square feet a special exception is
needed. The applicant is also proposing site improvements to the parking lot on the south side
of the building including paving, landscaping and drainage improvements.
Board of Adjustment
May 8, 2019
Page 2 of 6
Lile stated the role of the Board is to approve, approve with conditions or deny this application
based on the facts presented. In order to approve the special exception the Board must find the
application meets all the approval criteria for the specific criteria pertaining to Religious/Private
Group Assembly as well as the General Standards for all special exceptions.
With regard to the specific standards, first the following setbacks are required in lieu of the
setbacks specified in the base zone. However, the board of adjustment may reduce these
setbacks, subject to the approval criteria for setback adjustments as specified in subsection 14-
2A-4135, "Adjustments To Principal Building Setback Requirements", of this title. Front must be
twenty feet (20'); side must be twenty feet (20') and; rear must be fifty feet (50'). Lile stated the
existing building and proposed addition will meet all required setbacks.
Next, the proposed use will be designed to be compatible with adjacent uses. The board of
adjustment will consider aspects of the proposed use, such as the site size, types of accessory
uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of
paved areas. The board of adjustment may deny the use or aspects of the use that are deemed
out of scale, incompatible, or out of character with surrounding residential uses, or may require
additional measures to mitigate these differences. Lile stated there is no change in use with the
proposed addition and the applicant is not expecting new membership with this addition. The
maximum occupancy for the main auditorium is capped at 292 people. The building scale will
be larger but there will be additional screening to mitigate some of the impact with additional
landscaping and site improvements.
Next, given that large parking lots can seriously erode the single-family residential character of
these zones, the board of adjustment will carefully review any requests for parking spaces
beyond the minimum required. The board may limit the number of parking spaces and the size
and location of parking lots, taking into account the availability of on street parking, the
estimated parking demand, and opportunities for shared parking with other nonresidential uses
in the vicinity of the use. Lile stated this proposed addition will add eight additional parking
spots however the parking lot itself will not expand, the required number of parking spots is 49,
and the applicant is proposing to provide 67 vehicle spots and 4 bicycle parking spots. The
required parking for Religious/Private Group Assembly are 1/6th of the occupant capacity of the
main auditorium, which again is 292 people. The applicant also proposes to pave part of the
gravel portion of the lot and bring it up to City standards.
Next criteria is that the proposed use will not have significant adverse effects on the livability of
nearby residential uses due to noise, glare from lights, late night operations, odors, and litter.
Faith Baptist has limited hours of operation with services throughout the day Sunday and into
the early evening, as well as on Wednesday evenings. Most events take place inside and are
not typically noisy or disruptive to neighbors, especially late at night and the proposed addition
will not change the amount of noise, lights, hours of operation, odors and litter from the site
currently.
The building official may grant approval for the following modifications to a religious/private
group assembly use, without approval from the board of adjustment, upon written findings that
the modification will not be detrimental to the public health, safety, or welfare, or be injurious to
the other property or improvements in the vicinity and in the zone in which the property is
located if it is an accessory storage building less than five hundred (500) square feet in size or a
building addition of less than five hundred (500) square feet, provided the addition does not
Board of Adjustment
May 8, 2019
Page 3 of 6
increase the occupancy load of the building. Lile stated since this proposed addition is more
than 500 square feet and not eligible for the minor modification process; thus must go before the
Board of Adjustment.
Final specific standard states if the proposed use is located in a residential zone or in the central
planning district, it must comply with the multi -family site development standards as set forth in
section 14- 2B-6 of the City Code. The church is located in a residential zone, and must
conform to all multi -family site development standards, which is verified during the site plan
review process.
Lile next reviewed the general standards. First, the specific proposed exception will not be
detrimental to or endanger the public health, safety, comfort or general welfare. The church has
operated in this location since the early 1970's without reported health, safety, or welfare issues
and the proposed expansion would not change the function or status of this site.
The specific proposed exception will not be injurious to the use and enjoyment of other property
in the immediate vicinity and will not substantially diminish or impair property values in the
neighborhood. Lile noted this expansion will not change the use or enjoyment of other property
in the neighborhood, nor will it diminish property values because it is not changing the use or
function of the site. The only changes visually will be to the roofline, south entrance, and part of
the parking lot and the parking lot improvements will make this property more attractive and
more compliant with the code. The current parking lot does not meet landscaping and screening
requirements. With the proposed site changes, the applicant will be required to meet the S3
screening standards of the Code where abutting residential properties.
Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the district in
which such property is located. Lile stated all of the adjoining property is fully developed and
any proposed improvements to adjoining properties will not be impacted by this expansion.
Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided. Lile stated the property is currently serviced with adequate utilities and roads, this
expansion will not alter that. The proposed site improvements will address drainage issues on
the south side of the property and the applicant is proposing a conveyance to run stormwater to
the east and discharge it into the street rather than flow onto properties to the south.
Adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets. Lile noted currently the church operates with two
driveways accessing Village Road on either side of the parking lot, and there are no proposed
changes with this expansion and there is not any anticipated increase in traffic.
Except for the specific regulations and standards applicable to the exception being considered,
the specific proposed exception, in all other respects, conforms to the applicable regulations or
standards of the zone in which it is to be located. Lile noted the proposed special exception
conforms to all setbacks and there will be no changes in the maximum capacity for the main
auditorium. The expansion would add new parking spaces that are paved and more compliant
with the Code and the proposed site improvements must comply with parking and landscaping
requirements of City Code.
Finally, the proposed exception will be consistent with the Comprehensive Plan of the City. Lile
Board of Adjustment
May 8, 2019
Page 4 of 6
stated the Comprehensive Plan calls for stability and since this church has been located in this
neighborhood for so long this addition should not impede any stability of the area. Additionally
religious and private institutional uses can be allowed in any zoning district through the special
exception process.
Staff recommends approval of EXC19-04, a special exception to allow the expansion of a
Religious Assembly Use in Medium Density Single Family Residential (RS -8) zone with a
Planned Development Overlay (OPD), to build an approximately 2,600 square foot addition on
the existing building in order to add additional classrooms, restrooms, and an elevator with the
following condition:
1. The applicant shall install stormwater management infrastructure as shown on the
major site plan dated January 9, 2019 or equivalent infrastructure subject to review
and approval by the Director of Public Works or a designee.
Goeb opened the public hearing.
Tim Waldron (Faith Baptist Church) is the pastor and stated they consider it a great privilege to
serve in the Iowa City community, they have been in the Iowa City area for about 55 years, 47
years at the current location. Through that time they have had some modest renovations and
additions to the building and once again are asking permission to add to their building. Waldron
stated the staff presentation summed up what the church desires, they do have a great need
right now in regards to classrooms, restrooms and an elevator. They are completely out of
space for classrooms on their Sunday morning and Wednesday evening ministries as well as
vacation bible school. He also noted current restrooms are not sufficient for the size of the
congregation right now and also for years they have used a stair lift to get people from the
bottom to the top floors of the building, it works and passes inspections but really has become
hard to find parts and people to repair if when needed. Waldron thanked those that have helped
with this application and City staff for their assistance.
Hall noted he feels the added landscaping feels minimal and will not hide the parking lot. Lile
stated the requirements are being met per City Code.
Cox asked which part of the parking lot would be improved, and Lile noted it is the south
entrance area.
Hall stated then the remainder of the parking lot would stay as gravel. Lile confirmed it would.
Goeb asked about the drainage issues and said if the addition was not approved then the
church would not be required to update and fix the drainage issues. Lile confirmed that was
true and noted from the Good Neighbor Meeting some of the neighbors to the south were
concerned about adding pavement and what that would do to stormwater onto their properties.
Lile showed a diagram with a water collector area and a conveyance to the street so all the
stormwater would run off into the street versus to the property to the south. Waldron added
there are currently no drainage systems on the property and the water just ponds there so this
will be a great improvement on their property. Goeb asked where it was ponding. Waldron said
it is out near the utility easement, not near the building. He added there have never been any
complaints from the neighbors regarding water issues, there were just some questions raised
when the improvements were proposed.
Board of Adjustment
May 8, 2019
Page 5 of 6
Goeb asked if they would be able to save the two blooming trees in the front and Waldron
stated they hope to.
Goeb closed the public hearing.
Hall asked if the Board adds the condition that staff recommends the Public Works Department
will review. Lile confirmed that was the case but noted what the applicant is proposing is above
what the Code requires which is why staff added the condition to make sure it happens.
Pretorius stated this seems like a great project and expansion is good and especially the need
for an elevator and paving part of the gravel lot will help with ADA compliances and overall
better and safer for all. She understands the concern about stormwater but feels that is being
handled appropriately.
Pretorius moves to approve EXC19-04, a special exception to allow the expansion of a
Religious Assembly Use in Medium Density Single Family Residential (RS -8) zone with a
Planned Development Overlay (OPD), to build an approximately 2,600 square foot
addition on the existing building in order to add additional classrooms, restrooms, and
an elevator with the following condition:
1. The applicant shall install stormwater management infrastructure as shown
on the major site plan dated January 9, 2019 or equivalent infrastructure
subject to review and approval by the Director of Public Works or a
designee.
Hall seconded the motion.
Hall stated that regarding agenda item EXC19-04 he concurs with the findings set forth in the
staff report of May 8, 2019, and conclude the general and specific criteria are satisfied. So
unless amended or opposed by another Board member he recommends that the Board adopt
the findings in the staff report as our findings with acceptance of this proposal.
Hazell seconded the findings.
A vote was taken and the motion carried 5-0.
Goeb stated the motion declared approved, any person who wishes to appeal this decision to a
court of record may do so within 30 days after this decision is filed with the City Clerk's Office.
ADJOURNMENT:
Pretorius moved to adjourn this meeting.
Hazell seconded.
A vote was taken and the motion passed 5-0
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2018-2019
NAME
TERM
EXP.
2/14
5/9
6/13
8/8
12/12
2/13
3/13
4/10
5/8
COX, ERNIE
12/31/2020
--
--
--
--
--
--
O/E
X
X
GOEB, CONNIE
12/31/2019
O/E
X
X
X
X
O/E
X
X
X
HALL, RYAN
12/31/2022
X
X
X
X
X
X
X
X
X
HAZELL, ZEPHAN
12/31/2021
--
--
--
--
--
X
X
X
X
PRETORIUS, AMY
12/31/2023
--
--
--
--
--
X
X
X
X
El
KEY: X = Present
O = Absent
O/E = Absent/Excused
---= Nota Member
Item Number: 4.c.
i
CITY OE IOWA CITY
www.icgov.org
August 6, 2019
ATTACHMENTS:
Description
Community Police Review Board: July 11
--_„---.r.®4. CITY OF IOWA CITY
���� MEMORANDUM
sjq
Date: 06/12/19
To: Mayor and City Council
From: Staff Member of Community Police Review Board
Re: Recommendation from Community Police Review Board
At their June 11, 2019 meeting the Community Police Review Board made the following
recommendation to the City Council:
(1) Accept CPRB Annual Community Forum Summary Letter
Additional action (check one)
X No further action needed
Board or Commission is requesting Council direction
Agenda item will be prepared by staff for Council action
S:RECform.doc
Final/Approved
COMMUNITY POLICE REVIEW BOARD
MINUTES — June 11, 2019
CALL TO ORDER: Chair King called the meeting to order at 5:32 p.m.
MEMBERS PRESENT: Monique Galpin, Latisha McDaniel, David Selmer (Electronically),
Orville Townsend
MEMBERS ABSENT:
STAFF PRESENT:
STAFF ABSENT:
OTHERS PRESENT:
None
Staff Chris Olney, Legal Counsel Patrick Ford
None
Iowa City Police Captain Bill Campbell
RECOMMENDATIONS TO COUNCIL
(1) Accept Community forum summary letter
CONSENT CALENDAR
Motion by Townsend, seconded by Galpin, to adopt the consent calendar as presented or amended.
• Minutes of the meeting on 05/14/19
• ICPD General Orders 17-03 (Firearms)
• ICPD General Orders 00-09 (Organization)
Motion carried, 5/0.
NEW BUSINESS
None.
OLD BUSINESS
Community Forum Discussion — The Board reviewed the Community forum draft summary letter.
It was moved by Galpin, seconded by Townsend to forward the draft summary to Council with no
changes.
Motion carried, 5/0.
City Council Liaison Proposal — Olney stated the proposed amendment to Ordinance and By -Laws
memo would be included in the June 18th Council agenda packet. Board agreed to have Townsend
attend the Council meeting to recap the memo.
PUBLIC DISCUSSION
None.
BOARD INFORMATION
King asked Ford to clarify the level of review regarding if the Board had a question on the Chief's
report. Ford explained that the Board could set the level of review at 8-8-7(13)(1)(c) if wanting an
interview/meeting or 8-8-7(13)(1)(d) if requesting a written explanation.
CPRB
June 11, 2019
DRAFT
STAFF INFORMATION
Olney stated it was King's last meeting as his term is ending and a new board member Samuel
Conaway will begin his four-year term in July.
EXECUTIVE SESSION
Motion by Selmer, seconded by Townsend to adjourn into Executive Session based on Section
21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or
federal law to be kept confidential or to be kept confidential as a condition for that government body's
possession or continued receipt of federal funds, and 22.7(11) personal information in confidential
personnel records of public bodies including but not limited to cities, boards of supervisors and school
districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized
elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are
made to a government body or to any of its employees by identified persons outside of government, to
the extent that the government body receiving those communications from such persons outside of
government could reasonably believe that those persons would be discouraged from making them to
that government body if they were available for general public examination.
Motion carried, 5/0. Open session adjourned at 5:43 P.M.
REGULAR SESSION
Returned to open session at 6:22 P.M.
Motion by Selmer, seconded by McDaniel to set the level of review for CPRB Complaint
#19-01 to 8-8-7(B)(1)(a) On the record with no additional investigation.
Motion Carried 5/0.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• July 9, 2019, 5:30 PM, Helling Conference Rm — (rescheduled to 7/11/19)
• July 11, 2019, 5:30 PM, Helling Conference Rm
• August 13, 2019, 5:30 PM, Helling Conference Rm
• September 10, 2019, 5:30 PM, Helling Conference Rm
• October 8, 2019, 5:30 PM, Helling Conference Rm
Motion by Galpin, seconded by McDaniel to move July 9, 2019 meeting to July 11, 2019.
Motion carried, 5/0.
ADJOURNMENT
Motion for adjournment by Selmer, seconded by Galpin.
Motion carried, 5/0.
Meeting adjourned at 6:25 P.M.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2018-2019
rX R
KEY: X
= Present
O
= Absent
O/E
= Absent/Excused
NM
lvieeim
"ate
= Not a Member
NAME
TERM
EXP.
7/23/18
8/21/18
9/11/18
10/9/18
11/13/18
12/11/18
1/8/19
2/20/19
3/12/19
4/9/19
4/29119
5/14/19
6/11/19
Donald
7/1119
X
X
X
O
X
X
X
X
X
X
X
X
X
King
Monique
7/1/20
X
X
X
X
X
X
X
Galpin
X
X
X
X
X
X
Orville
7/1/20
X
X
X
X
X
X
X
X
X
X
X
X
X
Townsend
Latisha
7/1/21
------
___._
---_-_
X
O
X
X
O
X
X
X
X
X
McDaniel
David
7/1/21
X
O
X
O
X
O
X
O
X
X
X
X
X
Selmer
KEY: X
= Present
O
= Absent
O/E
= Absent/Excused
NM
= No meeting
---
= Not a Member
3 June 2019
Iowa City City Council
City of Iowa City
410 Washington St.
Iowa City, Iowa 52240
Re: Community Police review Board Annual Community Forum
The Iowa City Community Police Review Board (CPRE) held the annual Community Forum on Monday,
April 29, 2019 at 6:OOp.m. Board members at the forum were Chair Donald King, Orville Townsend,
Monique Galpin (Vice Chair), David Selmer, and Latisha McDaniel. Staff present were; Legal Counsel
Patrick Ford, Staff Chris Olney and Kellie Fruehling. Guest speakers were Iowa City Police Chief Jody
Matherly and Captain Denise Brotherton.
The forum opened with roll call and an introduction of board members. Chair Donald King read a brief
summary of the board's duties and responsibilities. It was pointed out that brochures on the board's
responsibility and how to file a complaint were on the table in the back of the room. The Chair then
introduced Chief Matherly.
Chief Matherly talked about the accreditation of the department done on a yearly basis and what it
takes to get and keep that accreditation. The department received 2 grants in 2018 totaling
$750,000.00, one for 2 years from the International Association of Chiefs of Police to study
sexual/gender bias in investigations. This should help officers with victim based approach to the
investigation. The other grant was for Data Driven Justice Initiative (DDJ). This initiative looks at repeat
offenders and how to break that cycle. Crisis Intervention Training for officers to do a betterjob to get
to root of problem instead of just keep locking people up. The Chief also talked about the crime statics
going down. Chief Matherly also set out the new mission statement for the department:
"To work in partnership with the community, enhance trust, protect with courage and compassion,
empower victims of crime through excellence in service"
Chief Matherly then introduced Captain Denise Brotherton, who is in charge of Support Services.
Support Services is everything non police related, but also the community outreach division. Capt.
Brotherton explained some of the department divisions that fall under her command, stressing the
community outreach division officers that should be seen more often out in the community as the
weather gets better. Capt. Brotherton had brochures that were printed in several languages, to help the
immigrant community with questions they may have in regards to the department and community.
The Chair then opened the forum to the public. The following appeared:
Caroline Dieterle wanted to show her appreciation to Chief Matherly for his work with the department.
She also discussed the deer population crisis with the city and DNR.
Ann Marie Drop asked about the DDJ Grants when received and when up. Rec'd 2018 and up 12/2019
DDJ funded one officer (Officer David Schwindt) compiles and sorts the data received.
Orville Townsend asked about police arrests during the football season. (7 last season)
Jeff Falk discussed the school board's recent meeting about school resource officers and what the cost
associated with that would be and more complaints to the Community Police Review Board. Chief
Matherly stats showed 2017 had 81 visits and 2018 had 223 visits to the schools for various reasons. He
said that the school administration, parents and teachers should decide what is best for the schools.
At the conclusion of the public discussion, the Chair thanked everyone for coming and for their input
and stated that there were information packets on the table in the back.
The forum was adjourned at 6:44p.m.
Donald King, Chair
(Transcriptions are available at ICgov.org)
Item Number: 4.d.
i
CITY OE IOWA CITY
www.icgov.org
August 6, 2019
ATTACHMENTS:
Description
Housing and Community Development Commission: June 20
Date: 07/31/19
CITY OF IOWA CITY
MEMORANDUM
To: Mayor and City Council
From: Kirk Lehmann, Housing and Community Development Commission Staff
Re: Recommendation from Housing and Community Development Commission
At their June 20, 2019 meeting the Housing and Community Development Commission made the
following recommendation to the City Council:
(1) By a vote of 7-0 the Commission recommends City Council approve the 2019 Fair Housing
Choice Study (Analysis of Impediments to Fair Housing Choice) with amendments as discussed
during the meeting.
Additional action (check one)
No further action needed
Board or Commission is requesting Council direction
X_ Agenda item will be prepared by staff for Council action
S:RECform.doc
MINUTES FINAL
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JUNE 20, 2019 — 6:30 PM
SENIOR CENTER, ROOM 202
MEMBERS PRESENT: Megan Alter, Charlie Eastham, Vanessa Fixmer-Oraiz, Christine Harms,
John McKinstry, Peter Nkumu, Maria Padron and Paula Vaughan
MEMBERS ABSENT: [Vacant]
STAFF PRESENT: Kirk Lehmann, Erika Kubly, Geoff Fruin
OTHERS PRESENT: Crissy Canganelli, Marjorie Willow, Christine DeRunk
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 7-0 the Commission recommends City Council approve the 2019 Fair Housing Choice Study
(Analysis of Impediments to Fair Housing Choice) with amendments as discussed during the meeting.
CALL MEETING TO ORDER:
Vaughan called the meeting to order at 6:30 PM.
APPROVAL OF THE MAY 16, 2019 MINUTES:
Harms moved to approve the minutes of May 16, 2019. Fixmer-Oraiz seconded the motion. A vote was
taken and the motion passed 6-0 (Nkumu and Padron not present for the vote).
PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA:
None.
DISCUSS CITY STEPS 2025, THE CITY OF IOWA CITY'S CONSOLIDATED PLAN FOR 2021- 2025,
WITH MULLIN & LONERGAN ASSOCIATES:
Kubly introduced Marjorie Willow and Christine DeRunk, from Mullin & Lonergan Associates, consultants
from Pittsburg to help the City create the five-year Consolidated Plan which outlines the goals and
priorities for Federal CDBG and HOME funding.
Willow began by giving the Commission an overview of what the consultants had done this week noting
the City must go through this process every five years because they receive CDBG and HOME funds and
HUD requires this planning process for the City to identify affordable housing and community
development needs and to go out into the community for this process. The consultants facilitated seven
stakeholder workshops, which were topic based to create a variety of meetings for stakeholders with
broad topics like workforce development, housing for those in crisis, healthy homes and healthy
neighborhoods, etc. This allowed for discussion to contain many different subtopics. Willow stated each
workshop had around 20 stakeholders attending, there were some same faces at the workshops but also
new faces at each one. Many organizations showed interest in two or three topics. The consultants will
compile the information obtained and present it in a document that will enable the City to identify the
priority needs moving forward. This is important because each year of the five years when the City
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June 20, 2019
Page 2 of 10
submits its annual plan to HUD the funding must be consistent with the identified priorities. For example,
if affordable housing is a priority, applications for affordable housing must be deemed consistent. Willow
noted they also held three public meetings, one at the Broadway Neighborhood Center, one at the
Pheasant Ridge Neighborhood Center, and one at City Hall. Willow stated this is the third time they have
worked with Iowa City on the five-year plan and noted the needs are similar but the intensity of the needs
is greater as is the number of people who need services. The cost of housing increased, and wages have
either stagnated or actually declined. She added they have seen this similar trend in many cities across
the country, but each community has local nuances. For example, Iowa City's student rental market
impacts the overall housing market tremendously. Willow noted from what she has heard this week, in her
opinion the three most significant needs are affordable housing, public transportation, and childcare. Just
thinking about the cost of childcare and if it could be provided at a higher level, it could have an
empowering economic impact on families with children because then parents could work or go to school
fulltime, there are many things that they could do if they had affordable childcare at a higher level, it is a
significant need (along with public transportation). And of course, affordable housing is needed, rentals,
ownership for single individuals without dependents or disabilities that need affordable housing as well as
families, etc. Willow stated they received some valuable information to incorporate into the Consolidated
Plan to make the it unique to Iowa City. This Plan will be available for review by the new year so entities
applying for funds can see the identified needs and tailor their applications accordingly. Willow also noted
there is a survey available for feedback as well through July 19. There is also another survey just for
nonprofit agencies to survey their public facility or capital needs for the next five years for budgeting and
planning needs. That surrey is also due back to the consultants on July 19.
Eastham asked if the Consolidated Plan is limited to just the two sources of funds (CDBG and HOME) for
addressing the needs within the City. He noted the Plan can also include local tax funds as well. Willow
said it can include those as long as they are funding eligible activities, as an extension or supplement to
the Community Development Block Grant or HOME activities.
Eastham asked if now is when Staff begins to put Plan together and it won't come back to this
Commission until later this year. Lehmann said it will come back to the Commission in November,
hopefully in time for the December round of CDBG and HOME funding rounds. Lehmann noted they plan
to add in Housing and Community Development programs that the City already funds (e.g. Aid to
Agencies) and incorporate into the Plan.
Fixmer-Oraiz asked if the consultants saw anything unique to Iowa City not seen in other communities,
possible solutions or ideas. Willow noted that in Iowa, the state legislature has prohibited the city from
doing things on a local level which is a hindrance, however she noted the City has found creative ways to
work around it, which is similar to what Austin, Texas, also does. Because the housing need is so great
here and the income limit is so high, it is work to get affordable housing in the area, but she noted having
the developer contribute housing is a great solution. In terms of things other Cities do, they often fund
code enforcement, use TIFs, or use CDBG to apply for Section 108 loans which is an extension of the
CDBG program that allows cities to borrow up to five times the entitlement amount. Some communities
use that loan program to increase their ability to make significant differences on projects. Lehmann noted
to use the loan program it has to be incorporated into the Consolidated Plan in advance. Willow said
there is an application process andif it is not in the Consolidated Plan then there would have to be a
substantial amendment. Willow noted Iowa City is progressive in the way it tackles affordable housing
and the different types of activities it funds. Just last week she was in Bloomington, Indiana, and used
Iowa City as an example of success.
Eastham noted Iowa City has used its zoning power to increase the development of housing in the
Riverfront Crossings area and while most of that housing is not affordable to lower income housing folks
the City requires some affordable housing in those developments. Additionally, it allows developers to pay
fees -in -lieu and that is a different way of obtaining money to do affordable housing in a stricter legislative
environment. Eastham hopes Iowa City will include the affordable housing plan in the Consolidated Plan.
He said there has not been a city-wide affordable housing requirement yet, only in Riverfront Crossings.
Vaughan asked if the Consultant's report contains other entities, such as the University, or just the City.
Willow said they had a couple University representatives at the stakeholder workshops. For example they
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June 20, 2019
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had a nurse from the University who is involved in the Healthy Homes Grant and another who attended
the affordable housing and equity session who works with fair housing. Vaughan asked if there was any
direct tie-in to health conditions and research. Lehmann said the Healthy Homes session tied into that as
well as walkability and physical activity, among other related topics.
Lehmann asked if there was anything the Commission felt needed to be included in the Plan
Padron noted the Commission has heard for a few years childcare should be a priority of the City and she
feels we are not doing enough. She would like to see a solution to childcare affordability. Fixmer-Oraiz
agreed noting it is the second biggest barrier to economic sustainability. Padron stated it especially
affects women. Fixmer-Oraiz added it's not just for women and families, it is an economic issue and how
kids will do in school (early childhood development), and kids are coming into kindergarten already
lagging. Additionally, there is also the economic issue of people opting out of the workforce because they
cannot afford childcare or don't have transportation to get their children to the one or two openings for
affordable childcare available within the city. Because of how the State administers childcare vouchers,
many providers are reluctant to open more affordable spots because they are not getting recouped from
the State. Childcare is a problem, just like affordable housing, and is crippling to a community.
Fixmer-Oraiz asked if the consultants have seen creative solutions for childcare issues. Willow replied not
specific to childcare, there are many barriers to it, such as risking breaking a lease because of caring for
neighbor's children and they also heard it is financially difficult to run a childcare taking only childcare
assistance because it is not enough income to pay staff. Willow noted all communities are in the same
boat with childcare, it is costly and sadly the people who take care of our most valuable possession are
the ones we pay the lowest amount although we depend on them to do such an important job. She knows
of no one has figured out a way to make it work financially so it is sustainable. Fixmer-Oraiz noted during
WWII, childcare was federally mandated and paid for, so it has been done in the past. It seems all these
issues, like childcare and healthcare, should be able to be addressed.
McKinstry noted a couple of strategies for increasing the stock of affordable housing that maybe other
cities have used and one would be tax abatement. He noticed the tax abatement committee didn't feel
including affordable housing into private developments was a viable option. However having nonprofits
own or manage affordable rental units that are rehabilitated and become part of the affordable housing
stock is generally less expensive than building new. The other option would be to use manufactured
housing, not just mobile home parks, which reduces costs per unit and can be owned by individuals.
McKinstry would like to see those items addressed in the five-year plan as something to look at. Willow
has not heard of other cities doing either of those two things to increase the affordable housing stock, one
thing that is catching more common are community land trusts. A nonprofit organization that acquires
land, especially in high cost areas, and the cost of that parcel is removed from the cost of the construction
of the total project which makes it more affordable. It also preserves or extends the period of affordability
whether it is a 99 year lease or whatever the case might be. There is also the opportunity to make it for
commercial uses as well which gives an opportunity for small business owners to be part of a community
land trust. Lehmann asked if community land trusts were typically publically owned or nonprofits. Willow
said they are almost exclusively nonprofits.
Eastham said The Housing Fellowship has done community land trusts in the past, but in over 15 years,
they stopped because after the 2008 financial crisis Sally Mae and Freddy Mac stopped doing secondary
loans for land trusts. If the City adds land trusts in this consolidated plan it must address whether
secondary financing is available to homeowners when they decide to sell with land trust provisions.
Eastham noted on the childcare issue, he thinks it would be good for this Consolidated Plan to look at
whether current zoning regulations interfere with the ability to locate in-home and center -based childcare
businesses throughout the community. He is not sure it is a problem but suspects it might be. Lehmann
stated what they have heard from people they talked with is it isn't so much the zoning or home-based
business issues as much as issues with leases and ability to have home-based daycares in rental units.
Eastham asked if the City can prohibit certain lease regulations that are deterrent to the public good.
Lehmann said that would be a City legal issue and does not know. Eastham said someone should speak
to the City Attorney then as it is a possible provision to put into the Consolidated Plan.
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June 20, 2019
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Fixmer-Oraiz asked if there were any affordable SRO (single room occupancy) units, like Coralville has
with the Iowa Lodge. Lehmann asked if she meant like Shelter House owned. Fixmer-Oraiz said it could
be private. Lehmann said there are still some but not that many, the zoning code is generally restrictive to
group living uses because they are leery of fraternities and dorm-style housing around downtown.
Fixmer-Oraiz said it would be interesting to try to do something like that, treat it like the Affordable
Housing Location Model and have the ability to locate such housing away from downtown. She feels it
would be an option for single people who need affordable housing and sometimes short-term housing.
She recognizes it can be hard to keep those units as nice spaces for people. Harms noted that is what
the old YMCAs used to provide. Vaughan noted the concept is popular now in areas like San Francisco
where housing is expensive. She wonders if people would have an appetite for such housing in this area.
Eastham noted that is a case where zoning regulation is possibly prohibiting a possible housing type.
Padron stated the consultants did the Plans five and ten years ago and wondered what Iowa City has
done well and what needs to be improved. Willow stated the City has not been doing anything wrong, the
most important point is that problems have gotten worse, through no fault necessarily of the City, but
because the cost of housing increased and incomes either stagnated or went down, the cost of housing is
outpacing what people earn. The magnitude of need is greater even from 10 years ago. All those
problems could not be resolved because there is simply not enough money to address the issues. Willow
noted with the funding sources the City has available from HUD, the City is doing a good job, and Iowa
City is unique in that it goes above and beyond by providing funding such as Aid to Agencies and
requiring payments in-lieu-of and trying to find financial resources to address those problems fully
realizing that what's coming from the federal government is not enough to address the problems. Willow
stated Iowa City is does a good job, there is just not enough funding to address everything.
Fixmer-Oraiz asked since the magnitude of the problem is so great and the City is doing a good job with
what they have, but there still isn't enough money to solve the problems, how much worse off will the City
be in five years. Willow acknowledged that is a good question with no answer, there are just too many
unknowns. Such as when the City did their 2005 Consolidated Plan, they had no way of planning for what
happened in 2008 with the flooding. The best laid plans are great, but it is difficult to plan for catastrophic
events. She noted most communities are concerned with that, continuing to make progress in critical
need areas when a natural disaster or financial downturn happens. Then resources (staff, time, money)
are spent on fixing that problem before being able to go back to what was being done on a regular basis.
Eastham objects to that statement about not enough funding, that there is adequate funding in the
community to remove all the family households who are now paying more than half their income for rents
from the situation. He stated the funding is available, yes they would have to increase property taxes to
do so, which would be tolerable to most people in this community, the problem is the City doesn't have
the guts to do it. There was a Council meeting where Eric Theisen called the Council members a bunch of
cowards and he was right, Councils have been cowards. The City has the means to fix the problems, just
like the school district fixed their school facilities problems, the issue is doing it. Eastham doesn't want to
see anything in this Consolidated Plan that talks about needs that are impossible to meet, he will object to
that language. This community survived the 2008 flood, the money came from the federal and state
government to support the cleanup from that disaster, the flood did not affect affordable housing issues at
all. The affordable housing need is measured in terms of percentage of households that are paying more
than half their incomes in rent, and that has increased steadily since 2005, but has not gone up
dramatically. The City's needs are not too great that they cannot be resolved.
McKinstry noted the ability to tax is limited by the State so they would have to borrow money.
Padron noted the City is not doing great and was hoping the consultants would have more ideas or a
different response than what they are hearing today. Fixmer-Oraiz agreed and noted it is hard to sit on
this Commission because at times it can feel they are not doing enough and they can also only give
recommendations to City Council but what they are trying to express is their desire to do what is best for
the community. She appreciates what Eastham is saying as she heard just today that in 2008 the City
was one of 30 cities across the nation that wasn't actually impacted by housing economic downturn. This
is why so many developers are keen on coming to Iowa City because our market is so strong.
Housing and Community Development Commission
June 20, 2019
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Eastham noted the way to avoid demoting things is the data, to understand what exactly the problem is
with housing and childcare and transportation in Iowa City and how to resolve those things. And then
make an assessment on whether there is sufficient local money to make up for what the federal and state
governments are not doing.
REVIEW AND CONSIDER RECOMMENDATION TO CITY COUNCIL ON APPROVAL OF 2019
FAIR HOUSING CHOICE STUDY (ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE):
Lehmann noted it is a 200 page document but hopes they were able to read the executive summary as
well as chapter 5 which notes the impediments and recommended solutions. He added that public
comment for this document extends past this meeting so if they have comments later, send them to him
and he will incorporate those before getting the document to Council. Lehmann briefly reviewed the
presentation he showed at the last meeting. He shared the slide that discusses what the Fair Housing
Choice Study is, it is technically part of the City's method of affirmatively furthering fair housing which
includes planning for fair housing needs within the community. Fair housing choice is the idea that
everyone should be free from illegal discrimination and is guided by federal, state and local laws, and the
local laws are the most comprehensive (race, disability, gender, sex, marital status, familial status, etc.).
In Iowa City public assistance as a form of income is also a protective class. The goal is to foster
inclusive communities. This document gets updated every five years to try to identify impediments to fair
housing choice, identify strategies to combat identified impediments, and to incorporate that into the
planning processes for activities they to overcome barriers.
Lehmann next reviewed the executive summary. The public input began in October, with 330 contacts
with the public through stakeholder and public meetings and a survey. It also looks at quantitative data
from the Census, the Home Mortgage Disclosure Act and other local datasets. In the survey, one thing
that really emerged was only 43% of respondents felt they understood their housing rights, only 37%
knew where to file fair housing complaints, 26% said they experienced discrimination of some sort since
moving to Iowa City but only 3% reported it which shows a gap in knowledge about where to file and why.
Many responded they didn't file because they felt it wouldn't do any good or they didn't have the time to
deal with it. Many people who responded said public assistance as a source of income was the largest
form of discrimination which shows it is still an issue and alerts the City they need to reach out to tenants
and landlords. The biggest impediment to fair housing choice identified was lack of affordable housing.
Other top impediments were displacement due to rising rents and discrimination by landlords/rental
agents. Moving forward in terms of timeline, Lehmann noted they are in the public comment period now.
Fixmer-Oraiz asked where the survey talks about City policies that may act as barriers to fair housing
choice. Lehmann said he heard that people or agencies didn't feel the City was always basing funding on
the Consolidated Plan, so the City needs to make sure funding follows the priorities identified in City
Steps. Additionally, having revamped the Aid to Agencies process factored into some confusion on
funding processes. Zoning and housing codes were also identified but are more specifically addressed
throughout the plan. No public policy item on the survey passed the threshold of more than half.
Padron asked what the timeline was for public comment. Lehmann noted they are in the public comment
period now until July 16. Any comments anyone has can be sent to Lehmann and he will compile them
and include responses in the appendix of the plan. There will also be a public meeting on July 16.
Eastham said there were three public sources of information to draw on in assessing the findings of this
Study, is one source better than another. Lehmann feels the public meetings are similar to focus groups,
the same type of input, and in-person meetings are better for in-depth of information you will not get from
a survey. However both are valuable and he would not weigh one over the other.
Lehmann next discussed the general demographics, housing, economic characteristics, noting Iowa City
is more diverse, it's growing, and it's younger, tends to have less persons with disabilities but tends to
have more foreign populations as well. In terms of economic profile there are relatively high incomes
paired with low incomes, part of the low income group is a large student body; however not just students
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June 20, 2019
Page 6 of 10
have low incomes. Overall the poverty rate in Iowa City is 28%, if you remove students it is 11.5% which
is higher than the state average once students are excluded. The housing profile is notable because Iowa
City has a large renter population, focused near the downtown, homeowner vacancy is 1.4% and rental
vacancy is 2.7%, but there is a higher overall vacancy rate because many units are not currently for sale
or for rent. There is a lot of new development and housing is more expensive which paired with low
incomes creates cost burden in the community. Students are most impacted, but persons of color are
also impacted. In terms of fair housing enforcement, outreach is the big thing, as noted in the surrey
many people don't know or feel comfortable reporting or have the knowledge which are barriers.
Therefore, Lehmann noted four major categories of impediments identified that could use improvement.
First is housing choice, there needs to be improved housing choices in Iowa City. The second is
facilitating access to opportunities, there are some disparities across the City and they need to try to help
balance that. Third is increasing education and outreach, as noted from the survey results. And fourth,
operational improvements which encompasses several other items that didn't fit into other strategies.
For improving housing choices, staff noted four strategies that would help. First is facilitating a range of
housing types, including zoning for diversity of housing and encouraging different types of housing within
zones. Second is lowering the cost of housing generally, so beyond needing more multifamily zones or
allowing different types of housing in single family zones, this recommends things like perhaps lowering
the cost of rental permit fees or other items that may affect protected classes at higher rates. Additionally,
looking to keep people in their homes because that is often more cost effective in terms of increasing the
diversity of the housing stock and not allowing them to be priced out of their homes. Rehab is another
option, to invest in the housing stock to address disproportionate impacts and to keep people in their
homes. In addition, having an eye on the student population and seeing if there are alternative living
arrangements that could make it more affordable to live in Iowa City as a student. Strategy three is to
continue investing in affordable housing, Iowa City funds affordable housing but needs to continue
supporting and producing it throughout the community, including affordable housing of high quality.
Strategy four is to retrofit housing for equal access, specifically for persons with disabilities. For example,
if someone needs to put in a ramp, modifying the zoning code to allow it rather than going before the
Board of Adjustment, also providing funding for such needs and trying to think of different ways to
improve aging in place and quality of life for persons with disabilities in their homes.
For facilitating access to opportunity Lehmann noted the housing that often has the best access can often
be more expensive, including downtown Iowa City and areas with transit routes. A lot of the affordable or
available land is on the edge of Iowa City, so there is a need to find high opportunity areas of the City and
encourage affordable housing to be developed there. Strategy one is emphasizing variety in areas of
opportunities, similar to facilitating a range of housing types, but more focused on areas where affordable
housing should be developed such as with access to transit, proximity to jobs, or better access to other
opportunities/amenities. Strategy two is community investment. While the City encouraging new
affordable housing in certain areas they don't want to neglect other areas, so a balanced approach is
needed to encourage access in areas of opportunity while continuing to invest in the other areas of town
(looking at rehab dollars, investing in assets in LMI areas, improving transit, improving services, etc.).
Eastham noted in the text regarding strategy two (page 15) it states "Currently Iowa City appears to
experience disparate access to opportunity especially when it comes to access to jobs and high
performing schools" and Eastham noted any school board member would say there are no low
performing schools in the Iowa City Community School District and he agrees and feels that phrase is not
accurate. Lehmann noted that was discussed as the plan was developed, that text came up while
reviewing a table produced by HUD for the Assessment of Fair Housing which was going to be put into
effect and it lists opportunity indicators by race and ethnicity including a school proficiency index (page
132). The table used data based on the levels of 4"' grade students and neighborhoods with higher or
lower performing elementary schools nearby. Eastham noted it doesn't show the school district's
evaluation of their schools. Lehmann agreed, he used the table when making that statement, as well as
job proximity as an area the City needs improvement in. Eastham noted proximity to jobs is a quantitative
measure. Lehmann stated he can modify the sentence about the schools and just say "disparate access
to opportunities and community investments". He continued that transit and development are connected
are important to ensuring equal opportunity for access to the community. Beyond transit, also walkability
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June 20, 2019
Page 7 of 10
and bike -ability. McKinstry suggested Lehmann modify the statement to read mobility linkages.
Impediment three is education and outreach. The demand side awareness was for tenants, homebuyers,
people looking for loans, anyone who usestneeds housing. They need to pay special attention to these
populations because they are not often organized and don't have the education compared to providers.
Fixmer-Oraiz asked if it mentions specifically translated materials. Lehmann noted that is strategy four,
language access. This comes up frequently, especially with the higher foreign populations Iowa City has.
Fixmer-Oraiz asked who the City uses for translation, because the issue with the Arabic right to left thing
is basic and that should have been correct. Lehmann said that the consultants provided the materials
and he doesn't know what service they used for translation. Kubly noted that the City usually uses
someone The Housing Authority has connections with (Omnilingua). Fixmer-Oraiz noted her work with
Johnson County has an agency they use. Lehmann also noted the police department has a list of informal
translators that could be used, though he only just became aware of this.
Continuing, Lehmann said regulator awareness is also important. Making sure boards and commissions
are aware of items and knowing where to refer people to when they have issues or questions.
Impediment four is operational improvements, looking at administrative process and regulations that may
stop projects or affect protected classes. Also looking at administrative processes outside of Iowa City
because they operate in a larger region, so they need to work collaboratively. First to review implemented
procedures and regulations, making sure they make sense for nonprofits and those applying for funding.
Second looking at unintended consequences as new things get developed, such as rental caps, etc.
Third, improving in data collection as local programs have not historically tracked protected
characteristics. Finally increasing fair housing enforcement and transparency, trying to better track
outcomes for fair housing enforcement, ensure the outcomes are brought to the public, people are aware
of tenant and landlord rights, etc. Also want to circumvent some of barriers to reporting fair housing
issues and to do some testing for protected characteristics.
Fixmer-Oraiz asked if any on -the -ground verification was done. Lehmann said it was most recently done
in 2015. They are looking now at the best way to gather information to see if people are being denied for
one reason or another. He noted there may be some partnership opportunities.
Eastham requested to remove the word transparency in strategy four, it is clear fair housing enforcement
is a substantial thing the City needs to do better at as seen in the survey data. He noted there are
landlords that are not playing by the rules and refuse tenants with public assistance income and the best
way to get them to play by the rules is to sanction them.
Alter asked what enforcement looks like, what is the penalty. Lehmann said it is a legal process, a
complaint is filed, Human Rights gives landlords an opportunity to respond to the complaint, and then
follows through its process. Eastham noted there is a complaint enforcement mechanism, and perhaps
Council needs to look at the mechanism to see if it needs to be updated.
Harms noted it is the individual or prospective tenant that must file the complaint which is not being done
as seen by the survey results. Eastham said relying on complaints for enforcement is a bad idea, they
need to do testing. Harms said as someone that went through a landlord/tenant discrimination she did not
want to file a complaint in fear of losing her housing. Lehmann said that was heard from stakeholders.
Eastham asked if the complaint procedure is a City law or required by State law. Lehmann said there are
due process requirements but is not sure at what level the regulations come from. Eastham stated those
questions should be asked and addressed in the Fair Housing Choice Study.
Fixmer-Oraiz feels the word transparency should be kept in the statement, but perhaps it should read
improving fair housing enforcement and transparency. Lehmann stated transparency is important, they
want to be able to show it is a fair process and then more will use it.
Vaughan asked if there is a safe place for people to go if they file a complaint, is there a person assigned
to them to help them through the process. Lehmann said the complaint is filed at the City and the City
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June 20, 2019
Page 8 of 10
investigates. It is illegal for landlords to retaliate against a tenant who has filed a complaint.
Fixmer-Oraiz asked if the strategies were prioritized or just listed as one through four. Lehmann said they
are not in priority order, if the Commission feels that is important they can do so. Fixmer-Oraiz said after
this discussion it seems fair housing enforcement should be listed as priority one if they are prioritized.
The process needs to be improved so people feel safe that if they file a complaint they won't be retaliated
against or booted from their homes.
Fixmer-Oraiz noted under facilitating access to opportunity it notes access to jobs and transit, is that an
area where access to childcare could be added because that is a huge impediment when looking for jobs
Lehmann agreed it would be a great to add, they did hear in some of the Consolidated Plan meetings the
lack of daycares in certain areas of the city. Lehmann noted he will add as an opportunity that people
should have access to.
Lehmann summarized the changes discussed. Facilitate access to opportunity, add with access to job
affordable, quality daycare. He will also incorporate childcare needs in chapter five. For impediment four
he will move strategy four to being the first listed and state it as improving fair housing enforcement and
transparency, looking at ways to strengthen enforcement and improve the processes. Alter added they
should also added improve the ways of outreach and education.
McKinstry asked if mobile homes were in these conversations at all. Lehmann said they would be
considered on the demand side for awareness. McKinstry noted that renters or owners of mobile homes
do not have the same rights as other tenant/landlord situations. Lehmann stated the tenants,
homebuyers, people looking for loans, but stated he would add mobile home renters and owners
specifically to that statement as well.
Fixmer-Oraiz moved to recommends City Council approval of the 2019 Fair Housing Choice Study
(Analysis of Impediments to Fair Housing Choice) with amendments as discussed during the
meeting. Alter seconded the motion. A vote was taken and it passed 8-0.
DISCUSS MODIFICATIONS TO THE AID TO AGENCIES PROCESS:
Fixmer-Oraiz sent a survey to partner agencies and received eight responses and an email from Becci
Reedus (Crisis/Community Center) indicating the Legacy Aid to Agencies are meeting to discuss the
survey and process and asked if the Commission would wait to consider the survey responses or make
any changes until they hear back from the larger group. Fixmer-Oraiz responded she felt strongly the
Commission would agree. Fixmer-Oraiz noted overall responses received thus far are positive, there has
been questions on why revamp the system and also to stop using the low, medium, high priority system if
it isn't going to be used. Agencies also stated they felt it was required they attend every meeting and the
uncomfortableness of being present when the Commission in deciding allocations.
Lehmann said the meetings must be open to the public — but the agencies don't have to be present.
Fixmer-Oraiz said that needs to be made clearer to the agencies somehow.
Fixmer-Oraiz continued that Eastham raised the question at a previous meeting if HCDC is the proper
body to make these allocation recommendations to Council and the current response from the survey is
yes, HCDC is the appropriate body.
Padron feels the legacy agencies should be given an allocation every year from the City with a
percentage increase every year so they can know and plan accordingly. HCDC could then take care of
the newer agencies, etc. Some legacy agencies are planning salaries with these allocations so they need
to know the funding will be there.
Fixmer-Oraiz said one response was "I believe HCDC is on the right track, but do believe there are far too
many COls (conflicts of interest) throughout the commission members to be 100W.
Housing and Community Development Commission
June 20, 2019
Page 9 of 10
Crissy Canganelli (Shelter House) noted the group that is meeting is looking forward to having a more
collaborative process and they recognize this commission has heavy lifting to do and goes about it with
integrity and compassion. The questions the agencies want to address is how to start the process earlier
to get questions answered and to look at it from a need and gaps analysis, impact versus just based on
what is available.
Eastham feels it is important to ask the agencies what amount they feel is necessary for Aid to Agency
budgeting and how to come to an amount on an annual basis. Eastham believes Padron's suggestion of
continuous, reliable funding for some group of agencies is good. Fixmer-Oraiz noted they are trying to
move that direction with the two-year funding cycles.
STAFF/COMMISSION COMMENT:
Lehmann stated July 18 is the next meeting, agenda items will be welcoming new members, the Aid to
Agencies process recommendations, review of the tax exemption policy, and the South District
Partnership Program. Let Lehmann know if there are other agenda items needed.
The two new members are Matt Drabek and Lyn Dee Hook Kealey. Vaughan and Harms are leaving the
Commission, Lehmann shared certificates of appreciation with them.
Lehmann also provided the tentative FY20 calendar.
Two commissioners noted they could not attend on July 18. The Commission agreed it could be moved
forward to July 11. Lehmann stated he will contact the new commissioners to let them know.
ADJOURNMENT:
Vaughan moved to adjourn. Harms seconded the motion. A vote was taken an the motion passed 8-0
Housing and Community Development Commission
June 20, 2019
Page 10 of 10
Housing and Community
Development Commission
Attendance Record
Name
Terms Exp.
7/10
9/20
10/11
11/15
12/20
1/17
2/21
3/14
4/18
4/24
5116
6/20
Alter, Megan
6/30/21
X
X
X
X
X
X
X
X
O/E
X
O/E
X
Brouse, Mitch
6/30/21
X
X
X
X
X
X
X
O/E
X
X
X
Eastham, Charlie
6/30/20
X
X
X
X
X
X
X
X
X
X
X
X
Fixmer-Oraiz, Vanessa
6/30/20
X
O/E
X
X
X
O/E
X
X
O/E
X
X
X
Harms, Christine
6/30/19
X
X
X
X
X
X
X
X
X
X
X
X
Lamkins, Bob
6/30/19
O/E
O/E
X
O/E
O/E
0
McKinstry, John
6/30/20
X
X
X
X
X
X
X
X
O/E
X
X
X
Nkumu, Peter
6/30/22
X
X
X
X
Padron, Maria
6/30/20
X
X
O/E
O/E
X
X
X
X
O/E
X
X
X
Vaughan, Paula
6/30/19
X
X
X
X
X
X
I X
X
X
X
O/E
X
• Resigned from Commission
Ke -
X
= Present
O
= Absent
O/E
= Absent/Excused
---
= Vacant
i
CITY OE IOWA CITY
www.icgov.org
August 6, 2019
ATTACHMENTS:
Description
Human Rights Commission: July 3
Item Number: 4.e.
Approved Minutes
Human Rights Commission
City Hall, Helling Conference Room
July 3, 2019
Members Present: Jeff Falk, Cathy McGinnis, Bijou Maliabo, Jessica
Ferdig, Barbara Kutzko, Tahuanty Pena.
Members Absent: Adil Adams, Noemi Ford, Jonathon Munoz
Staff Present: Stefanie Bowers.
Recommendation to Council: No.
Call to Order: The meeting was called to order at 5:35 PM.
Social Justice and Racial Equity Grant: Staff provided an update on the grant
allocation to the Iowa City Community School District's Healthy Kids School Based
Health Clinic. Staff has placed the project on conditional status.
Following the placement of the recipient on conditional status, the Equity Director will
meet with the recipient's director and board members to discuss the concerns/problems
as identified by the Equity Director. The Equity Director will provide the recipient with a
written memo outlining the concerns/problems, specific corrective action steps, and time
frames for completion. The recipient will provide periodic reports and meet with the
Equity Director during this period to ensure that satisfactory progress is being made.
If the recipient fails to meet the requirements of this agreement and/or the action step
memo within the appropriate time frame as specified, the Equity Director may
recommend to the City Manager that recipient be barred from receiving any future
funding from the Social Justice and Racial Equity Grant for a minimum of 2 years.
The Commission next discussed its recommendations for changes/updates to the
Social Justice and Racial Equity Grant for fiscal year 2020.
The recommendations are as follows:
1. The application should provide a definition of social justice and racial equity.
2. Applicants should be encouraged to supply or give a narrative about how the
proposed project came to be. How the project developed. Examples could be
descriptive or based on City statistics and not statewide statistics.
3. A sustainability plan should be presented within the application for projects that
wish to continue their project in the future (without SJRE grant funding) with
specifics to funding (not just that the agency will continue to look for support).
Priority shall be given to projects that expect a sustainable program to continue
Page 1 of 4
past the grant period. Not all projects must continue past the grant funding period if
not appropriate.
4. The application itself should state that the intent/purpose of the grant is to serve
persons who reside in Iowa City.
5. The application should ask what the deliverables are that the program plans on
giving to the community, that includes the affected community and the Iowa City
community, in general. See page 7 of 11 of application.
6. Applicants should be strongly encouraged to attend an informational session or an
open house on the grant prior to applying.
7. Awardees of the grant must be able to demonstrate at the end of first funding cycle
that they are making significant progress towards the project/outcome.
8. More evaluation of the project's impact must be reported back to the Commission.
9. Awardees of the grant must give presentations to the Commission and the
community at a scheduled Commission meeting or at a public forum after
completion of the project.
10. Grant funding should be available for some operational expenses. Operational
costs should be defined and costs that are allowed should be very explicit.
11. Place ineligible periods on organizations that have received prior funding for a
project from the social justice racial equity grant.
12.There should be a maximum amount requested by each proposal.
13. Organizations that have received City of Iowa City funding through any
department/grant should have some restrictions on whether they are eligible to
receive funding. If this is consistent with other Commissions.
14.After applications have been received Commissioners may opt to ask questions of
applicants via staff.
15. Keeping within the spirit of the grant, final rankings should serve different
populations and a statement should be given at the Commission meeting when
allocations are recommended so stating.
16. Partial funding may be given to the next highest ranked applicant, if it is clearly
stated that the project may continue with less funds.
Staff will contact Neighborhood and Development Services to inquire as to whether
there is a required form that Awardees are to utilize when reporting out quarterly,
Page 2 of 4
Staff will provide summaries of past grant recipients and summarize past projects for
those who are just joining the Human Rights Commission in January each year.
Commissioners will plan to discuss how they would like the recommendations to be
implemented at a future meeting then the recommendations will be finalized and sent to
the City Council.
Commissioner Ferdig asked for the Commission to consider for a future grant process
the following:
A letter of intent (LOI) should be submitted to the Commission prior to the full grant
application period. It would be a simplified grant application that demonstrations to the
Commission if the project is worth full review. Only 10 agencies would then be invited to
submit a full grant application to be ranked by the Commission. Ultimately, this would
save time for both the agencies and the Commission.
Pena will not be in attendance at the next meeting for a planned family vacation
Adiournment: Motion to adjourn at 8:03 PM.
Page 3 of 4
Member Attendance Sheet
Member
Term
Exp.
1/8
1/24
2/19
3/19
4/16
5/21
6/18
7/03 7/16 8/20 9/17 10/15 11/1
Maliabo
1/2021
Present
Present
Present
Present
Present
Present
Present
Present
McGinnis
1/2021
Present
Present
Present
Present
Present
Present
Present
Present
Munoz
1/2021
Excused
Present
Present
Present
Present
Present
Present
Excused
Kutzko
1/2020
Present
Present
Present
Present
Present
Excused
Excused
Present
Falk
1/2020
Present
Present
Present
Present
Present
Present
Present
Present
Pena
1/2020
Present
Present
Excused
Present
Present
Present
Present
Present
Adams
1/2022
Excused
Present
Present
Present
Present
Absent
Present
Excused
Ferdi
1/2022
Present
Present
Present
Present
Present
Present
Present
Present
Ford
1/2022
Present
Excused
Present
Excused
Present
Present
Present
Excused
KEY: X = Present
= Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
Page 4 of 4
i
CITY OE IOWA CITY
www.icgov.org
August 6, 2019
ATTACHMENTS:
Description
Library Board of Trustees: June 27
Item Number: 41.
IOWA CITY
. PUBLIC LIBRARY
123 S. Linn St. • Iowa City, IA 52240
ow om Susan Craig - .w 319-356-5200-- 3193565494-w Jcplmg
BOARD OF TRUSTEES
Minutes of the Regular Meeting
June 27, 2019
Final Approved
Members Present: Wesley Beary, John Beasley Kellee Forkenbrock, Janet Freeman, Carol Kirsch,
Robin Paetzold, Jay Semel, Monique Washington (out at 5:14 pm).
Members Absent: Diane Baker.
Staff Present: Terri Byers, Elsworth Carman, Maeve Clark, Kara Logsden, Patty McCarthy, Elyse Miller,
Brent Palmer, Jason Paulios, Angela Pilkington.
Guests Present: Kristi Harper, Derek Johnk, Thomas Rocklin, Hannah Shultz.
Call Meeting to Order. President Paetzold called the meeting to order at 5:01 pm. New trustees introduced
themselves, staff introduced themselves, and Board members introduced themselves.
Public Discussion. Byers met with the City Manager, Assistant City Manager, Human Resource Administrator
on 6/22/19 to discuss making some hourly positions permanent. Library Aides will remain hourly staff, but
hourly Library Maintenance Aides positions are still under consideration. Byers is hopeful they will become
permanent staff. Paetzold asked if the Library Aides are okay with this. Byers said they are satisfied. There is
another meeting on 7/9/19.
Approval of Minutes.
The minutes of the May 23, 2019 Regular Meeting of the Library Board of Trustees were reviewed. A motion
to approve the Regular Minutes was made by Kirsch and seconded by Freeman. Motion carried 7/0.
Items for Discussion/Action.
Policy Review: 101: Bylaws. Miller said the Bylaws Committee made suggestions that were sent to the
Assistant City Attorney, Eric Goers for review. Goers proposed some language for the Board to consider. A
motion to approve the Bylaws by amending Article IV, Section 4 and Article VI, Section 5 to replace
"selecting and hiring" with "searching and /or recommending" was made by Beasley and seconded by Beary.
Motion carried 7/0.
Memorandum of Agreement (MOA) for Student Access to Information and Materials (AIM) card. Pilkington
introduced Kristi Harper, Library Coordinator of the Iowa City Community School District (ICCSD). They have
been working on this for more than a year with North Liberty Community Library and Coralville Public
Library. Every student will be issued a card that will provide access to all of the libraries. Adult guardians may
opt out of the card if they so wish. Harper and Pilkington attended a conference where they learned about
this type of access and they modeled our program after the Los Angeles Public Library system, Nashville
system, and many other libraries that implemented such a card. We will be the first libraries in Iowa to do so.
Davenport uses this model with second graders only. The intention is to supplement, not replace each
individual libraries' card. Currently, 7,000 ICCSD students have library cards; more than 5,000 of these cards
were blocked. In the school district, there are nearly 14,000 students, half of whom had blocked cards. By
some measures, Johnson County is considered a book desert. K-12 students will be enrolled and access will
be for 3 books or audiobooks and all electronic resources. Only AIM cardholders may use the AIM card. The
card will expire in August of the student's projected graduation year. No overdue, or replacement fees will
be charged but a card may be suspended if materials are not returned.
Beasley asked about how this might affect privacy. Carman said there will be a broader network of adults
working with library materials. Beasley thinks a fine should be imposed on materials taken out with the AIM
card. Logsden said she has seen many children who cannot check out books all year because of a $10 fine.
Pilkington said we will have data after implementation of the fine free materials and the AIM card. Carman
addressed some of Beasley's points about easy access to return materials throughout Iowa City. He said
there are large segments of our population who have demonstrated needs and are unable to return
materials. He believes it is worth trying this, collecting data, and assessing it after a year. Materials may be
returned to school libraries. A motion to approve the MOA for the AIM card was made by Kirsch and
seconded by Freeman. Motion carried 6/1. Carman said that this has been shared all along the way with City
of Iowa City leadership, to address Beasley's concern about transparency, when Beasley he explained why he
was voting against the motion. An update will be provided in three months.
Policy Review: 801: Circulation and Library Card Policy. Pilkington said North Liberty Community Library and
Coralville Public Library will use the same language in their circulation policies as ours. A motion to approve
the Circulation and Library Card Policy as revised by staff to include the new Student AIM card was made by
Beasley and seconded by Beary. Motion carried 6/1.
Board Annual Report. Carman said the goals from last year were accomplished this year and encouraged
Board members to bring additions or edits to the report before it is finalized and submitted to the City.
Art Advisory Committee. A motion to approve the new members to the Art Advisory Committee was made
by Freeman and seconded by Beasley. Motion carried 7/0.
Staff Reports.
Director's Report. Carman is working with Freeman on a new in-depth reading program. A skilled facilitator,
Freeman selected the Fagles translation of The Odyssey, which consists of 24 books. Freeman thinks an
eight-week study series, discussing three books each session is appropriate. Details to follow. Carman was
pleased at all of the ways ICPL participated in Pride activities. We were are the picnic, had a drag queen
storytime, great booklists, and we participated in the parade. Carman was interviewed by a couple of news
outlets but reported no pushback from anyone about the Library's participation in Pride. The Library will be
open late for the annual Block Party. We will have videogaming, and Jason Snell, a brain music performer.
The Ped Mall construction is going well, but a bit behind schedule. We haven't received any complaints from
patrons, and children are fascinated by the large equipment at work. Carman gave an evening presentation
at Oaknoll, which he noted is a great facility. He thanked Freeman and Semel for their service and assistance
as he transitions into his role.
Departmental Reports:
Children's Services. No comments.
IT. No comments.
Development Office. McCarthy hopes to see everyone at the Big Book Bash at Big Grove fundraiser. There
will be a pay -what -you -like book sale on 7/20/19. McCarthy said the Foundation raised $519,202 this year,
2
which is up 8% from last year. There are six new Foundation Board members, including Paetzold and Kirsch,
representing the Library Board of Trustees. There is still time to donate this fiscal year for us to achieve 100%
Library Board participation.
Spotlight on the Collection. No comments.
Miscellaneous. No comments.
President's Report. President Paetzold thanked outgoing Board members for all of their help during their
terms. She welcomed Beary to the Presidency and offered to help during the transition.
Announcements from Members. Beasley noted that Project Green's Open Gardens tour is July 13-14, 2019,
and includes the space he gardens with Washington and Clark.
Committee Reports.
Foundation Members. No meeting.
Transition Committee. The Committee is disbanded; Carman may request a meeting if he wishes.
Communications. None.
Disbursements.
The MasterCard expenditures for May, 2019 were reviewed. A motion to approve the disbursements for May,
2019 was made by Kirsch and seconded by Forkenbrock. Motion carried 7/0.
Set Agenda Order for July Meeting.
Bylaws.
Board annual report.
Director's Evaluation Committee.
Adjournment. A motion to adjourn the meeting was made by Freeman and seconded by Semel. Motion
carried 7/0. President Paetzold closed the meeting at 6:48 pm.
Respectfully submitted,
Elyse Miller
Board or Commission: ICPL Board of Trustees
ATTENDANCE RECORD
12 Month
KEY:
X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
Meeting Date
Name
Term
Expiration
8/23/18
9/27/18
10/25/18
11/15/18
12/20/18
01/24/19
2/28/19
3/28/19
4/25/19
5/23/19
6/27/19
7/25/19
Diane Baker
6/30/19
X
X
X
X
X
X
O
X
X
X
O/E
Off Board
Wesley Beary
6/30/21
X
x
x
x
x
O/E
x
O/E
x
x
X
x
John Beasley
6/30/21
X
X
x
x
X
x
x
o
X
x
X
x
Kellee
Forkenbrock
6/30/23
X
O/E
X
X
O/E
X
X
X
X
O/E
x
x
Janet Freeman
6/30/19
O/E
X
X
O/E
X
X
O/E
X
X
X
X
Off Board
Derek Johnk
6/30/25
Not on Board
X
Carol Kirsch
6/30/23
O/E
X
X
X
X
X
X
X
X
X
X
O/E
Robin Paetzold
6/30/23
X
X
x
X
X
X
X
O/E
X
X
X
X
Tom Rocklin
6/30/25
Not on Board
X
Hannah Shultz
6/30/25
Not on Board
X
Jay Semel
6/30/19
X
X
X
X
O/E
X
X
X
X
X
X
Off Board
Monique
Washington
6/30/21
X
O/E
X
X
o
X
X
O/E
x
X
X
X
KEY:
X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
Item Number: 4.g.
i
CITY OE IOWA CITY
www.icgov.org
August 6, 2019
ATTACHMENTS:
Description
Planning and Zoning Commission: June 6
r
CITY OF IOWA CITY
", an � -T4 MEMORANDUM
Date: 07/23/2019
To: Mayor and City Council
From: Anne Russett, Senior Planner
Re: Recommendation from Planning and Zoning Commission
At their June 6, 2019 meeting, the Planning and Zoning Commission made the following
recommendations to the City Council:
1. By a vote of 7-0 the Commission recommends approval of SUB19-06, an application
submitted by Claude and Adam Greiner, for a preliminary plat of Bluegrass Ridge
Subdivision, a 7 -lot, 13.76 -acre residential subdivision located at south of American
Legion Rd. and northwest of Wapsi Ave SE. in unincorporated Johnson County, subject
to approval of construction drawings and legal papers by the City Engineer and City
Attorney.
2. By a vote of 6-1 (Martin dissenting) the Commission recommends approval of ZCA19-01
an amendment to Title 14, Zoning of the Iowa City Code related to the separation
distance requirement between fueling dispensing equipment and residential zones in the
CN -1, CH -1, CI -1, CC -2, CB -2, and CB -5 zones.
Additional action (check one)
X No further action needed
Board or Commission is requesting Council direction
Agenda item will be prepared by staff for Council action
S:RECform.doc
MINUTES FINAL
PLANNING AND ZONING COMMISSION
J U N E 6, 2 019 — 7:00 PM — FORMAL MEETING
E M M A J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Phoebe Martin, Max
Parsons, Mark Signs, Billie Townsend
MEMBERS ABSENT:
STAFF PRESENT: Sara Hektoen, Ray Heitner, Anne Russett
OTHERS PRESENT: Randy Miller, Kirsten Frey, Lloyd Baumgartner, Greg McDonald,
Sandy Steil, Keith Wiggan
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 4-3 (Parsons, Hensch, Townsend dissenting) the Commission recommended
continuing SUB19-4, an application submitted by Paradigm Properties LLC for a Preliminary Plat
for a resubdivision of Lot 6 and Outlot H of Phase 2 and a part of Lots 1 and 2 of Block 3 of Cook,
Sargent, and Downey's Addition located at the southwest corner of E. 1s' Street and S. Gilbert
Street, to June 20 for further discussion.
By a vote of 7-0 the Commission recommends approval of SUB 19-06, an application submitted
by Claude and Adam Greiner, for a preliminary plat of Bluegrass Ridge Subdivision, a 7 -lot,
13.76 -acre residential subdivision located at south of American Legion Rd. and northwest of
Wapsi Ave SE. in unincorporated Johnson County, subject to approval of construction drawings
and legal papers by the City Engineer and City Attorney.
By a vote of 6-1 (Martin dissenting) the Commission recommends approval of ZCA19-01 an
amendment to Title 14, Zoning of the Iowa City Code related to the separation distance
requirement between fueling dispensing equipment and residential zones in the CN -1, CH -1, CI -
1, CC -2, CB -2, and CB -5 zones.
Hensch called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
CASE NO. SUB19-4:
Applicant: Paradigm Properties LLC
Location: Southwest corner of E. 1 st Street and S. Gilbert Street
Planning and Zoning Commission
June 6, 2019
Page 2 of 15
An application submitted by Paradigm Properties LLC for a Preliminary Plat for a resubdivision of
Lot 6 and Outlot H of Phase 2 and a part of Lots 1 and 2 of Block 3 of Cook, Sargent, and
Downey's Addition located at the southwest corner of E. 1st Street and S. Gilbert Street.
Heitner began the staff report with an aerial map of the project site as well as a current zoning
map of the subject properties, noting the area in the northeast currently zoned as CI -1 is in the
process of being rezoned into Riverfront Crossings — South Gilbert District. Heitner noted this
proposal is the third phase of The Crossings development, and the parcel is currently undergoing
rezoning to Riverfront Crossings — South Gilbert District. This subdivision will combine this newly
acquired lot with Lot 6 and Outlot H from Phase Two of the development and the properties to
the south and the west were rezoned to Riverfront Crossings — South Gilbert District in 2015 and
2016. Heitner noted there are some conditions on the rezoning that is in process right now as
stated by the Planning and Zoning Commission are:
1. Any new residential development in the subject area must satisfy the affordable housing
requirements set forth in section 14-2G-8 of the City Code.
2. The developer shall dedicate 40' of right-of-way along the west side of the S. Gilbert St.
frontage to the City.
Heitner stated the subject project is in the Riverfront Crossings — South Gilbert District and the
Comprehensive Plan states this area is to be used for higher density development, ideally
consisting of mixed-use buildings fronting along South Gilbert Street. He showed a view of the
preliminary plat to show it is one lot straddled by two outlots. Outlot A is part of the 40' right-of-
way dedication, Outlot B (termed as Outlot H in Phase Two) will contain a north/south alley to
provide access to the mixed use building on Lot 1. This subdivision is a continuation of efforts
from Phase 2 incorporating the lot at 221 East 1 It Street, per the Downtown and Riverfront
Crossings Master Plan 8' wide sidewalks are required along the South Gilbert Street and East 1 I
Street frontages. Parking along East 1 It Street will not be allowed until more right-of-way is
acquired on the north side, it was noted on the preliminary plat the existing driveway off South
Gilbert Street will be closed off to traffic and will create a continuous block between East 1 I and
East 2nd Streets. Heitner noted there is a neighborhood open space requirement which calls for
0.06 acres of open space or fees in lieu.
Staff recommends approval of SUB19-4, an application submitted by Paradigm Properties LLC
for a Preliminary Plat for a resubdivision of Lot 6 and Outlot H of Phase 2 and a part of Lots 1
and 2 of Block 3 of Cook, Sargent, and Downey's Addition located at the southwest corner of E.
1 st Street and S. Gilbert Street.
Next steps: pending recommendation of approval of the preliminary plat from the Planning and
Zoning Commission, the City Council will consider approval of the preliminary and final plats.
Dedication of right-of-way off East 1 st Street will be required at final platting. The mixed- use
building that will be located on Lot 1 will be subject to administrative Design and Site Plan
Reviews.
Dyer asked if the Commission is approving the preliminary plat how can Council approval the
final plat without the Commission seeing the final plat. Russett noted Council will not approve
the final plat until they receive a recommendation from Planning & Zoning of the preliminary plat
and will act on the preliminary plat and final plat together.
Hensch asked if staff anticipated any substantial changes from the preliminary plat to the final
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June 6, 2019
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plat. Russett confirmed they do not.
Hensch opened the public hearing.
Randy Miller (Paradigm Properties, LLC) came forward to answer questions.
Dyer asked if they are proposing to build a third apartment building and a commercial building on
Gilbert Street. Miller replied it would be a mixed-use, commercial and residential. Dyer noted
from the diagram the Commission received there is no idea where the buildings will be located.
Miller said the buildings will be similar to what is constructed now at 1301 Gilbert Street, where
Pleasant Valley Nursery was. Dyer noted frustration to not see any images of buildings when
these applications come before the Commission. Miller noted they are just asking for the
rezoning/preliminary plat at this time and the building will be discussed at the design review per
Code. Dyer noted the Commission is the only representatives of the public that can look at a
building plan and should be awarded that opportunity.
Kirsten Frey (Attorney with Shuttleworth & Ingersoll) is speaking on behalf of Lloyd and Ruth
Baumgartner who own the property known as Aero Rental and her clients have been in business
more than 50 years in the Iowa City community helping the community members in this area
celebrate birthdays, weddings, graduations, home remodeling, etc. and have enjoyed the
opportunity to do so. They have recently begun to feel there business in not welcome in Iowa
City partially because of the rezoning of this area has made it clear the area will be redeveloped
as part of the Riverfront Crossings area and a business of their type is no longer envisioned as
part of that area. Frey noted her clients are not naive, they understand the community
development process, they understand the Comprehensive Plan process and what went in to all
the development of that process, however the development of the Comprehensive Plan does not
require businesses to move out immediately, it doesn't require them to stop doing their business
and in fact the Comprehensive Plan specifically indicates the City and developers should
implement tools and strategies to help existing businesses remain in the area until such time
they choose to leave, or if they choose to leave to help assist them to find new properties for
their businesses. Frey stated that has not been done in this situation. The City and the
developers who are helping the City implement their vision for the area hasn't assisted or
enabled her client to continue its businesses readily and the development in this area has
significantly damaged her client. As a result Frey is here on behalf of her clients to resist this
application at this time. They recognize in time the area will be developed in this manner but
they have significant concerns about the subdivision approval right this minute. It is important to
note looking at this subdivision plat East 1 st Street is not a through street, East 1 st Street
terminates 40 yards past the Gilbert Street right-of-way. It only goes in 120 feet. Beyond that is
property owned by the Baumgartner's. Frey notes this is important because Outlot B which is
referenced as the existing area where easements will go through and access will be achieved
cannot be accessed without crossing her client's property. Additionally, a lot of the development
that has occurred in this area has used an existing easement, sanitary sewer easement, the City
owns down by the creek. The difficulty for her client is that easement was given to the City for
the maintenance of their utilities, it was not to be used for redevelopment of the entire area. This
is significant because the easement requires the City to repair and fill in any trenches and fills as
soon as possible, it requires them to replace any disturbances they utilize as quickly as possible,
and allows her client to have the full use of his property limited only by the City's rights. The
difficulty with this is the easement area has been torn up since September of last year, there
have been open trenches in the area for over 10 months, there has been concrete on her client's
property that has been removed, there have been fences removed, the area has been
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June 6, 2019
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significantly disturbed for a significant length of time which has adversely impacted her client's
business and ability to do business on their property. All of this has been done with no
compensation provided to her client. Frey feels the Commission needs to be aware of this and if
this development intends to proceed some provisions need to be made or required that don't
entitle a developer to utilize her client's property for its benefit without compensation to her client.
Frey noted it is also significant for the Commission to understand her client's business does
involve equipment in the area and her client has significant safety concerns regarding the lack of
fencing and lack of concrete as they are driving semi -trucks and forklifts without fences or
barriers in the area. Lastly Frey mentioned is her client's significant concern regarding the safety
intentions of this intensive of development without the municipal infrastructure in place to support
it. Clear back in 1998 the City issued a South Gilbert Street Commercial Corridor Traffic Safety
Study which indicated the South Gilbert Street area was a significant safety concern with respect
to traffic and was concerned about the number of accesses onto South Gilbert Street and the
density of the uses. Frey recognizes and acknowledges as part of the subdivision plan staff
indicates they will be closing on access point onto South Gilbert Street, but this will be a
significant dense property in an area that does not have the infrastructure to handle it at this
time. There is no on -street parking in the area, the City has indicated there will be no on -street
parking on East 1St Street, and that leads her client to believe parking will take place on his
property. This will happen because it is not clear to many that East 1St Street ends 120 feet in,
but also because her client already deals with cars parking in the area from as far away as the
brewery. If significantly more apartments are added and more density before having the
adequate infrastructure to handle those parking needs, her client's business will continue to be
adversely affected. Frey noted her client understands the development in this area in this
manner is probably inevitable, he realizes it is going to happen, but it seems appropriate,
prudent, and required by the Comprehensive Plan, that it be done in a way that recognizes the
rights of existing business owners and features be put in place so that businesses that are a very
valuable and important part of this community are not driven out for the sake of some more
apartments.
Baker asked if these concerns were expressed to staff before. Frey noted that yes her clients
have participated in conversations about this area.
Hensch asked if the Baumgartner's have been in touch with City staff to address the issues
about the open trenches and broken concrete on the property. Frey stated they have and also
acknowledge this was a difficult winter that maybe made things go a little bit slower than they
otherwise might have. She stated her client commented that the City staff they have dealt with,
and the developer staff they have dealt with, have been pleasant people, they enjoy working with
them, they don't have any personal animosity or bias with any of the individuals, they just feel
like they are bearing the brunt and the negative impact.
Signs asked for clarification on the map where the easement area is located. Frey shared a map
of the area.
Lloyd Baumgartner (owner, property Aero Rental) is here with his wife Ruth and daughter Becky.
He noted they have a winter home in Arizona and by the time they got back to Iowa the notices
the City sent out were not seen in time to attend the last meeting regarding the rezoning. He
stated he is really concerned about the safety factor on Gilbert Street because in 1998 there was
a big study and it showed all the problems and noted all the accidents Baumgartner said they
were proactive and hired a contractor to cut the corner of his building off so people could see
around it. He stated they love the City and are proud to be part of the community.
Planning and Zoning Commission
June 6, 2019
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Baker noted it is a lot of information to take in and asked Frey to submit a written version of the
concerns for the Commission to review. He noted he isn't comfortable voting on this issue
tonight. Baker also would like to know if these issues have been discussed with staff, what the
responses were.
Dyer asked who took the fence down. Frey said it was taken down for better access to the
easement area to do work in that area.
Martin asked if staff has record of the communication they may have had with the
Baumgartner's. Russett said she has not had any discussions with Frey, assumes she spoke
with the Department of Public Works. Frey noted she was just retained by her clients yesterday
so she has not spoken to anyone in the City.
Miller responded to some of the statements, noting he felt blindsided, as they have been in
contact on a weekly basis, the fence they took down was actually put up by the City and while
they took it down temporarily they are ready to put it back up and repave everything. With the
high water the Public Works would not let them finish the project. That link is removing the pipes
for the new park and for the City part of the project, not his development. It is an easement and
that is what it is designed for. He added East 1 st Street will not go through Outlot B because it
would have to cross their property and they will not be doing that. Miller said they have been
working with staff on this project and is very surprised to hear the concern now.
Hensch asked if Miller has heard any of the complaints raised tonight before. Miller replied no,
any complaints they were ever made aware of they immediately rectified.
Dyer asked if they held a Good Neighbor Meeting. Miller said they did hold one on Phase 1 of
the project but not on this phase because there had been no prior objections.
Grea McDonald has the building on the corner of Kirkwood and Gilbert across from Aero Rental
and wanted to note the mention of parking is an issue for the area. He asks that they make sure
the parking is adequate for this development. He has 52 parking places in his parking lot, and he
has had people parking in his lot to walk down to Big Grove. He said to introduce that many
more apartments with no street parking anywhere in the area is a problem. He already has a
problem with other apartments in the area that charge so much per month for parking that the
students are just parking in his lot. He just wants to make sure discussion is had on adequate
parking. There is nowhere to park except on private property.
Miller noted that all the residents of the apartment buildings have parking in their buildings,
underground, and the lot where Alexander Lumber was had 70 spaces, when they finish with the
last phase there will still be 66 spaces. He also noted there is actually street parking on the east
side off Gilbert Street on 1St and 2nd Streets. Miller notes he provides parking for his structures, if
there are complaints regarding parking at a certain business that should be addressed with that
business.
Hensch closed the public hearing.
Baker moved to recommend approval of SUB19-4, an application submitted by Paradigm
Properties LLC for a Preliminary Plat for a resubdivision of Lot 6 and Outlot H of Phase 2
and a part of Lots 1 and 2 of Block 3 of Cook, Sargent, and Downey's Addition located at
the southwest corner of E. 1st Street and S. Gilbert Street.
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June 6, 2019
Page 6 of 15
Signs seconded the motion.
Hensch asked if the parking proposed with this new development complies with the City Code.
Russett stated it will be required to comply before final site plan is approved. Russett is not sure
what the exact requirement is but since this area is in the southern part of Riverfront Crossings
the parking ratio is a bit higher than when it is closer to downtown and there are no opportunities
for reductions through payment of fees in lieu.
Dyer stated the point about parking there now is well taken, that parking area any evening is full,
so visitors to these apartment buildings will not have space to park.
Martin acknowledged the parking issues was discussed at the rezoning application as well and
the comment about municipal infrastructure first is well received. She added there has been a lot
brought to the Commission's attention that gives her pause and not wanting to make a decision
tonight.
Signs agreed and noted he has been concerned about parking all throughout the phases of this
development. He is also very concerned about East 111 Street and the outlot and the funneling of
traffic will be problematic.
Baker agrees and wants to take some time to digest all the information received this evening.
Dyer noted she went to Red Ginger last weekend and there was no place to park in the Red
Ginger lot but Red Ginger was not full.
Townsend noted her concern was the access on and off Gilbert Street, it is a very busy street
and intersection at all times of the day.
Hektoen noted this application is at the platting stage, not the zoning stage, the Commission
does not have the authority to require things such as additional parking. However concerns
regarding circulation are within the realm of the Subdivision Code.
Hensch noted this is the third time the Commission has seen a development in this area, parking
is a concern but is being addressed by the Code, during a construction process everything is
messy, things are done yet so it may be cramped, but plans are in place to resolve most if not all
these issues. He added there are improvements planned for South Gilbert Street, although
unsure of when. He is sympathetic to the Baumgartner's and has been a customer many times,
it is tough when someone comes forward the day of a meeting and expects everything to stop.
Notices were sent, it's unfortunate they were out of state, but that is the process. What the
Commission is being asked tonight is to approve a map and Hensch feels it is straightforward.
The issues with parking or use of the area should be addressed with City Council.
Parsons agrees with Hensch, as long as the developer meets Code and required parking for his
development they cannot hold this project for parking concerns the developer cannot control.
Martin acknowledged their points but stated she cannot ignore the new information received this
evening. Yes it was received late in the process but it should be discussed and staff given a
chance to reply and help find resolutions.
Hensch noted the sense of the Commission is to deny this application and wondered what the
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June 6, 2019
Page 7 of 15
next step would be. Hektoen stated the applicant could still move forward with the application to
Council. Hensch feels that even with the new information received this evening, it does not
change the facts of the application and even if the applicant is willing to defer there is no new
information that will change the facts of the application.
Signs noted he has voted in favor of the past applications with his reservations regarding
parking, but his biggest issue with this application is the alley on Outlot B only having one exit.
That alley is drawing from potentially three or four buildings. Signs feels they have seen
drawings in the past that showed that north/south alley exiting out to the street, but since it won't
that is concerning to him. Having all those cars in this development using just one driveway will
not work.
Russett noted with the current plat approved for this area Outlot H (now being named Outlot B)
goes all the way up to the Baumgartner's property and dead ends there. The lack of connection
that is concerning has always been there.
Baker said he asked for more time and information because the information presented this
evening as an objection to the subdivision was a new perspective to him he has not able to be
fully absorbed factually. It quite possibility may not change his view on the application once
absorbed but feels there is a justification for taking the time to confront the issues raised this
evening by the objector.
Dyer also noted no Good Neighbor Meeting was held.
Hensch asked if Miller objected to a deferral. Miller noted he would not be happy, he would not
have bought the Grooming Den. Also Lot 1 is already approved so he can put up a building
there right now. This plat was just to better bring the whole area together and not leave the little
corner off by itself.
Baker moved to withdraw his motion.
Signs seconded the withdrawal.
Baker moved to defer this application to the June 20, 2019 meeting.
Signs seconded the motion.
Parsons doesn't feel the deferral is necessary and none of the facts of the application will change
in the two week period. Hensch agreed.
A vote was taken with four in favor (Baker, Signs, Martin, Dyer) and three dissenting
(Parsons, Hensch, Townsend) to defer this time until the June 20 meeting.
CASE NO. SUB19-6:
Applicant: Claude and Adam Greiner
Location: Johnson County, South of American Legion Road
An application submitted by Claude and Adam Greiner for a Preliminary Plat for Bluegrass Ridge
subdivision, a 13.76 -acre, 7 lot residential subdivision with one outlot located in unincorporated
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June 6, 2019
Page 8 of 15
Johnson County south of American Legion Road and west of Wapsie Avenue SE.
Heitner began the staff report with an aerial view of the subject property and a view of the current
Johnson County Zoning, the subject property was recently rezoned to an R — Residential zoning
designation. The property is located in the Iowa City/Johnson County Fridge Area "B" which is
outside of the projected Iowa City growth area. The request is to subdivide the subject property
into seven lots for single-family development with one outlot for future development. The Fringe
Area Agreement does state a preference for agricultural uses in this area however in January
2019 City staff and City Council members met with Johnson County staff and Board of
Supervisors members to form a conflict resolution committee to review the rezoning of this
parcel. After additional consideration the committee decided to proceed with the rezoning to R -
Residential. The proposed subdivision splits the subject property into seven separate lots,
ranging in size between 1.15 and 1.46 acres. Three new streets will be built in the subdivision.
Two of these new streets will have direct access to American Legion Rd. SE. The third street,
Maddi Ln. SE., will stem off of Declan Dr., and provide access to four of the seven planned
single-family homes. Each street will be equipped with a hammer -head turnaround to
accommodate emergency vehicle access. All three new streets will be required to conform to the
City's rural design standards. With respect to water and sewer services all seven lots will use
the same well for water access and each individual lot will be required to have its own septic
system. These septic sewer systems will be required to conform to the Johnson County Board of
Health Rules and Regulations Governing On -Site Wastewater Treatment Systems.
Staff recommends approval of SUB19-06, an application submitted by Claude and Adam Greiner
for a Preliminary Plat for Bluegrass Ridge subdivision, a 13.76 -acre, 7 lot residential subdivision
with one outlot located in unincorporated Johnson County south of American Legion Road and
west of Wapsie Avenue SE.
Next steps: pending approval of the preliminary plat for the Bluegrass Ridge subdivision by the
Planning and Zoning Commission, the application will be forwarded on to the City Council for
review. If the application is approved by City Council, it will be heard by the Johnson County
Board of Supervisors for final action in July. A decision on the preliminary plat from the Iowa City
Council must be made before the Johnson County Board of Supervisors can take final action on
the application.
Hensch stated this was the zoning application the Commission voted no on, however the vote of
no was because of the problems with the language in the Fringe Area Agreement, not with the
application.
Hensch opened the public hearing.
Sandy Steil (MMS Consultants) noted there has been a change in this application and it has
been deferred for 30 days in Johnson County as they have to do stormwater calculations for
water quality and quantity. MMS engineers are working on that right now but will not be going
before the Johnson County Planning and Zoning on June 10 but rather on July 11.
Signs noted the cul-de-sac bulbs were actually in the neighboring property so assumes it is
owned by the same person. Steil confirmed Claude Greiner owns the property to the south and
most of the stormwater will go to the southern edge of the property as well.
Hensch asked if Outlot A would be a dry retention. Steil replied some water would go there but
not enough to make a wet pond.
Planning and Zoning Commission
June 6, 2019
Page 9 of 15
Hensch closed the public hearing.
Parsons moved to recommend approval of SUB19-06, an application submitted by Claude
and Adam Greiner, for a preliminary plat of Bluegrass Ridge Subdivision, a 7 -lot, 13.76 -
acre residential subdivision located at south of American Legion Rd. and northwest of
Wapsi Ave SE. in unincorporated Johnson County, subject to approval of construction
drawings and legal papers by the City Engineer and City Attorney.
Baker seconded the motion.
Parsons noted since the issues with the Fringe Area Agreement were resolved this should be
approved. Hensch agreed.
A vote was taken and the motion passed 7-0.
CASE NO. ZCA19-1:
Discussion of Amendments to Title 14, Zoning of the Iowa City Code related to the separation
distance requirement between fueling dispensing equipment and residential zones in the CN -1,
CH -1, CIA, CC -2, CB -2, and CB -5 zones.
Heitner noted staff recently received a site plan concept for a complete renovation of the Kum &
Go gas station, located at 955 Mormon Trek Boulevard. He noted quick vehicle service stations,
as they termed in the Code, or gas stations require a special exception to operate in
neighborhood commercial (CN -1) zones and with that special exception comes a number of
criteria points that must be satisfied in order to be able to operate. One of the special exception
criteria points requires a 100 foot separate distance between fuel dispensing devices, or gas
pumps, and residential zone boundaries. Due to the size of the parcel at 955 Mormon Trek
Boulevard it is not possible to meet the current 100 foot separation distance required. Heitner
showed a view of the area and images from the neighboring properties. The property to the
south is about 95 feet to the public sidewalk from the station's canopy. The other image shows
the far western edge of the stations current parking lot and neighboring property to the west.
Heitner noted the current requirement gas pumps must be at least 10 feet from any street right-
of-way and at least 100 feet from any residential zone boundary except for CB -2 zones where the
requirement is 70 feet. Staff is proposing the same right-of-way requirement of 10 feet but a
reduction from 100 feet and 70 feet to 50 feet from any residential boundary in all applicable
zones.
Heitner noted Section 14 -4B -4B -12J of the City Code has a provision that allows the Board of
Adjustment to modify or waive requirements that station sites must conform to the Central
Business Site Development Standards or Riverfront Crossings or East Side Mixed -Use Form -
Based Development Standards and staff is recommending that stays the same and the potential
to modify those requirements stay intact. Additionally Heitner wanted to clarify what they mean
by residential zones, they are RR -1, RS -5, RS -8, RS -12, RM -12, RM -20, RS -20, RM -44 and
PRM.
Heitner stated when staff began analyzing this issue they reviewed how other cities were
regulating this topic. Upon considerable research both in Iowa and nation-wide, and found
varying approaches. Certain cities don't codify this at all in their zoning code, certain cities
choose to let the fire code or gas/fuel codes handle safety separation distances. Heitner showed
a number of cities that do use the same type of distance metric Iowa City uses, the distance
between fuel pumps and residential zones, and it shows Iowa City on the higher end of
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June 6, 2019
Page 10 of 15
restrictions. The collective average shows most cities between the 20 foot and 50 foot range.
With regards to cities just in Iowa and a lot of cities in Iowa don't codify this issue in their zoning
codes, Dubuque, Cedar Falls and Waterloo do use the same method as Iowa City, all three are
considerably less than Iowa City's 100 foot requirement. Davenport has a fairly generous
requirement of 15 feet from pumps to side or rear lot lines, Marion is similar but does require a
landscape buffer, Ames does not use the method of pump distance but rather their station
canopy has to be 10 feet away from any right-of-way line, West Des Moines has a more
aggressive requirement of 50 feet, and Des Moines only state an open space requirement of
greater than 20% of the site (or 1000 square feet) has to remain as open space. In terms of
adherence to Iowa City's International Fire Code, Section 5704.2.11.2 of the 2018 International
Fire Code only requires a 10 foot separation from fuel dispensing equipment and residential
boundaries.
Heitner noted another analysis staff reviewed was what the existing conditions with gas stations
in the City and what might be considered nonconforming. He showed a slide of 20 gas stations
within the City and their respective distances from station canopy to the nearest residential zone
and also nearest residential structure. By and large most stations in Iowa City are well over the
current 100 foot separation distance requirement, there are three that encroach on the
requirement are older stations that predate the Code requirement.
The zones that allow quick vehicle service stations are CN -1, via special exception only, CH -1 is
a provisional use, and CI -1, CC -2, CB -2, CB -5. Heitner showed a map of potential areas where
quick vehicle service stations could be located either by special exception or by provisional use.
Staff's rationale for the text amendment is the current requirement places a strain on current gas
stations that might service denser areas of the city if located near a residential zone. Many cities
both nationally and in Iowa have a residential zone separation requirement of either equal to or
less than 50 feet, and this amendment would allow for consistency for separation requirements
across all zones.
Staff recommends that the Planning and Zoning Commission approve the following proposed
text amendment to 14-46-413-12C: Unenclosed canopies over gas pump islands must beset
back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set
back at least ten feet (10') from any street right of way, and at least fifty feet (50') from any
residential zone boundary.
Martin asked about other older stations and when the 100 feet requirement was added to the
Code. She feels the requirement was added for a reason, health related, safety related, there
must have been a reason as to why it was added. Heitner stated he researched the City
records and was not able to find where the requirement came from. He did note having some
sort of distance requirement in the zoning codes is an attempt to reduce negative impact on
areas adjacent to gas stations. That being said, the peer data showed 100 feet seemed to be
quite a bit higher than other areas.
Hektoen stated if they didn't know the rationale for the 100 feet than why treat different zones
differently. Her concern is it should be consistent throughout the City and one area should not
be given more distance than another. Without the legislative history on this item this was the
best method of mitigating allegations of the City being arbitrary and capricious, this is more
consistent.
Planning and Zoning Commission
June 6, 2019
Page 11 of 15
Martin asked why then make it 100 feet for all areas. Hektoen said they could not find a rationale
to support that regulation. The Fire Code seemed to be the best source for determining the
reasoning.
Dyer asked if they approve this text amendment then can the Kum & Go on Mormon Trek
Boulevard go ahead and build a bigger canopy and be closer to the residences adjacent to
property. Russett said they will need a special exception to renovate their site and would have to
meet the 50 foot requirement staff is proposing and staff would likely recommend the Board of
Adjustment place a condition on the special exception that they could not increase the number of
fueling pumps than what is currently there.
Baker asked then if there is a remedy for this Kum & Go renovation other than a zoning code
change. Russett said there is not.
Dyer stated her concern is beyond this discussion in that particular gas station is at a lower
elevation than the properties next to it and the canopies on the newer Kum & Go's seem to be
higher than the existing ones and the light from the canopy will go right into the apartments in
those buildings next door. Hensch noted there are regulations regarding downcast lighting.
Russett confirmed the City does have lighting standards and in this area they could not spill over
into the residential areas. The Board of Adjustment through the special exception process would
also look at screening requirements and would be subject to the City's highest screening
standards.
Baker said if there is no remedy except changing the Code for this applicant, if this issue had not
arisen from this applicant had there been any other complaints or concerns about this regulation.
Russett stated they had not. Baker noted then from this one request came all this staff time, with
no clear rationale as to why the 100 feet regulation was in place versus something else. Hensch
stated the only definitive rationale is the 10 foot from the International Fire Code. Dyer noted that
virtually every other gas station in town is further than 100 feet from a residential area. Baker
agreed noting all new gas stations have come in and been developed using that regulation so
this is just a matter of this one particular station that wants to redevelop. Baker likes the 100 foot
rule, but would like to solve the problem for this one applicant as well and wishes there was
another solution than a Code amendment.
Townsend noted if they change the Code to 50 foot then any new development can use the 50
foot rule.
Russett clarified the distance separation requirement does not apply to zones that allow
residential uses but are not residential zones. So if it is a Riverfront Crossings Zone that allows
mixed-use the 100 foot separation distance does not apply, if it is next to a commercial zone that
allows residential uses the 100 foot separation distance does not apply, it specifically applies to
the distance between the pumping equipment and residential zones, not to the residential uses.
Hensch added it is to the residential boundary, not to the residential structures.
Signs asked if the Board of Adjustment could assist with this particular issue. Russett said the
applicant cannot go before the Board because they do not meet the current requirement of 100
foot separation. Hektoen stated what the Commission is being asked to amend tonight is the
special exception approval criteria, the current criteria states they must be 100 feet away, staff is
recommending that be amended so the special exception approval criteria be 50 feet. Russett
added some commercial zones allow gas stations as a provisional use which means an
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June 6, 2019
Page 12 of 15
administrative review and approval, other zones require a Board of Adjustment special
exception.
Hensch opened the public hearing.
Keith Wigaan (CDA, 3505 South East Crossroads Drive, Grimes Iowa) is joined by Brittney
Andreason and Scott McGee with Kum & Go to address the Commission regarding the Mormon
Trek Boulevard site specifically. They met with City staff and Kum & Go many month ago, this is
a site Kum & Go is very excited to have an opportunity to redevelop. This site has been in
operation for quite some time and this presents an opportunity to clean up the site and improve
access to the site and update the site to Kum & Go's current prototypes. It will be very similar to
the new building on Muscatine Avenue. With the Mormon Trek site they were originally hoping to
do more than three pump island and had some conversations with staff on limiting it to three
pump islands, the site itself is 158 feet wide so with the 100 foot minimum separation with
residential on two sides abutting the site is not possible. So they started the conversations on
how to make this site work for redevelopment. In regards to the canopy height and lighting, they
are looking at slightly different orientation and will plan the site accordingly to minimize or
eliminate those concerns, they will meet the lighting standards and Kum & Go's lighting fixtures
are all downcast lighting and would be limited at the property line. With regards to some of the
comparisons to other convenience stores in Iowa City it is hard to compare this site with others
because this site is less than one acre in size and typically they look at sites for development
closer to two acres so there is the opportunity for more separation.
Dyer asked how the orientation of the site would be different than it is now. W iggan said it would
be with regards to access to Mormon Trek Boulevard, there are currently two access points, one
to the north and one to the south very close to the signal so they are working to get that southern
access further away from the signal. They would rotate the store 90 degrees so it faces north,
right now the canopy and the store run north/south, it would be rotated 90 degrees to run
east/west to give the ability to move the access point to the north a bit. The pumps would also
be on the north side of the store.
Parsons asked if there was any way to incorporate the access to Mormon Trek with the
intersection. Wiggan explained that is a different property so they could not do that.
Hensch closed the public hearing.
Parsons moved to recommend to approve the following proposed text amendment to 14-
413-413-12C: Unenclosed canopies over gas pump islands must be set back at least ten
feet (10') from any street right of way. Fuel dispensing equipment must be set back at
least ten feet (10') from any street right of way, and at least fifty feet (50') from any
residential zone boundary.
Townsend seconded the motion.
Hensch thanked staff for all the data as it is very helpful and to see the randomness of numbers
from other cities shows there was probably nothing concrete to base the 100 foot regulation on.
The only distance known for sure is the 10 foot requirement from the International Fire Code.
Looking at all the data the median, mode and mean all come up around 50 feet so that seems
rationale. It is just from the pumps to the boundary, not to structures and he sees no reason to
not support this amendment.
Planning and Zoning Commission
June 6, 2019
Page 13 of 15
Parsons agrees.
Baker asked for clarification as the proposed language states "at least 50 feet" so the Board of
Adjustment can require more if they feel it is appropriate. Heitner said there might be a situation
where the distance is greater.
Signs has no problem with this particular project, he is just confused because a few weeks ago
there was complaints about 300 feet from a gas station to residential in the Forest View
development. Hensch noted he was fine with the gas station in that development. He believes
the issues was with lighting and noise, not an issue with the pumps themselves or fire issues.
Dyer noted that is a problem everywhere. Parsons added in this case the noise and lights are
already there. Signs asked if there are zones where gas stations are allowed by right and what
are the requirements. Russett stated there are no zones where they are allowed by right.
Hektoen said they are either a provisional use to be reviewed for things like lighting and
screening, etc. by staff or go through the special exception process with the Board of
Adjustment.
Dyer noted a difference in this situation is the adjacent properties are low income and in Forest
View they were a higher income neighborhood.
A vote was taken and the motion passed 6-1 (Martin dissenting).
CONSIDERATION OF MEETING MINUTES: MAY 16, 2019
Parsons moved to approve the meeting minutes of May 16, 2019.
Signs seconded.
A vote was taken and the motion passed 7-0.
PLANNING AND ZONING INFORMATION:
Martin stated it was brought to her attention the apartment building on 11 Avenue and Hickory
Hill where the retaining wall fell down, and she was telling Martin about the HOAs and the legal
battle so Martin is curious because apparently part of the problem was the retaining wall was
done incorrectly during the construction of the building and was either not caught during the City
inspection or glossed over, so where is the City's liability? If the Commission recommends a
rezone for a building and the inspectors miss something and something that catastrophic
happens. Hektoen stated the City has no liability, the developers are required to hire their own
engineers and those engineers have to certify the plans was done according to best engineering
practices. The engineers carry malpractice insurance in case of catastrophes. The City does go
out and inspect various things but the City is not on the hook. Russett added the City does not
issue building permits for retaining walls nor do they inspect retaining walls.
Russett stated City Council did adopt the rezoning ordinance for the Forest View development
with the gas station portion of the project removed. Hensch asked why it was removed. Russett
said the concerns was impacts to climate change and traffic generated so removing that gas
station addressed both those concerns. They did add in some electrical car charging stations
and additional lighting in the area.
Planning and Zoning Commission
June 6, 2019
Page 14 of 15
Signs asked what the Commission's role is at the preliminary plat phase. Hektoen said they are
making sure the plat is designed in accordance with the City's Subdivision Design Standards.
Street layout, utilities, etc.
Adjournment:
Parsons moved to adjourn.
Townsend seconded.
A vote was taken and the motion passed 7-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2018-2019
KEY:
X = Present
O = Absent
O/E = Absent/Excused
= Not a Member
7/5
8/16
9/6
9/20
10/18
12/20
113
1/17
(W.S.)
214
2121
3/7
3/21
414
4/18
5/16
6/6
BAKER, LARRY
X
X
X
X
O/E
X
X
X
X
X
X
X
X
X
O/E
X
DYER, CAROLYN
X
O
O/E
O
X
X
X
O/E
X
X
X
X
X
X
O/E
X
HENSCH MIKE
X
X
X
X
X
X
X
X
X
X
X
O/E
X
X
X
X
MARTIN PHOEBE
X
X
X
X
X
X
O/E
X
O/E
X
X
X
O/E
X
X
X
PARSONS, MAX
X
X
O/E
X
X
X
X
X
X
X
X
X
X
X
X
X
SIGNS, MARK
X
X
X
X
X I
X I
X
X
X
X I
X I
X
O/E
X
X
X
TOWNSEND, BILLIE
X
X
X
X
X I
O/E I
X
X
X
X I
O/E I
X
X
X
X
X
KEY:
X = Present
O = Absent
O/E = Absent/Excused
= Not a Member
Item Number: 4.h.
i
CITY OE IOWA CITY
www.icgov.org
August 6, 2019
ATTACHMENTS:
Description
Planning and Zoning Commission: June 20
r
CITY OF IOWA CITY
Xrua
MEMORANDUM
Date: 07/23/2019 '
To: Mayor and City Council
From: Anne Russett, Senior Planner
Re: Recommendation from Planning and Zoning Commission
At their June 20, 2019 meeting, the Planning and Zoning Commission made the following
recommendations to the City Council:
1. By a vote of 4-2 (Dyer and Martin dissenting) the Commission recommends approval of
application submitted by Paradigm Properties LLC for a Preliminary Plat for a
resubdivision of Lot 6 and Outlot H of Phase 2 and a part of Lots 1 and 2 of Block 3 of
Cook, Sargent, and Downey's Addition located at the southwest corner of E. 1 st Street
and S. Gilbert Street.
2. By a vote of 5-1 (Dyer dissenting) the Commission recommends approval of the
proposed Forest View Urban Renewal Plan located south of Interstate 80, west of N.
Dubuque Street, and east of Mackinaw Drive.
3. By a vote of 6-0 the Commission recommends approval of an application to designate
225 North Gilbert Street as an Iowa City Historic Landmark and rezone from Community
Business Service (CB -2) to Community Business Service with a Historic District Overlay
(CB-2/OHD).
4. By a vote of 6-0 the Commission recommends approval of REZ19-05, an application to
designate 229 North Gilbert Street as an Iowa City Historic Landmark and rezone from
Community Business Service (CB -2) to Community Business Service with a Historic
District Overlay (CB-2/OHD).
Additional action (check one)
X No further action needed
Board or Commission is requesting Council direction
Agenda item will be prepared by staff for Council action
S:RECform.doc
MINUTES FINAL
PLANNING AND ZONING COMMISSION
JUNE 20, 2019-7:00 PM —FORMAL MEETING
E M MA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Phoebe Martin, Max Parsons, Mark
Signs, Billie Townsend
MEMBERS ABSENT: Mike Hensch
STAFF PRESENT: Wendy Ford, Sara Hektoen, Ray Heitner
OTHERS PRESENT: Randy Miller, Kirsten Frey, Bob Saunders
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 4-2 (Dyer and Martin dissenting) the Commission recommends approval of
application submitted by Paradigm Properties LLC for a Preliminary Plat for a resubdivision of
Lot 6 and Outlot H of Phase 2 and a part of Lots 1 and 2 of Block 3 of Cook, Sargent, and
Downey's Addition located at the southwest corner of E. 1 st Street and S. Gilbert Street.
By a vote of 5-1 (Dyer dissenting) the Commission recommends approval of the proposed Forest
View Urban Renewal Plan located south of Interstate 80, west of N. Dubuque Street, and east of
Mackinaw Drive.
By a vote of 6-0 the Commission recommends approval of an application to designate 225 North
Gilbert Street as an Iowa City Historic Landmark and rezone from Community Business Service
(CB -2) to Community Business Service with a Historic District Overlay (CB-2/OHD).
By a vote of 6-0 the Commission recommends approval of REZ19-05, an application to
designate 229 North Gilbert Street as an Iowa City Historic Landmark and rezone from
Community Business Service (CB -2) to Community Business Service with a Historic District
Overlay (CB-2/OHD).
Parsons called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
CASE NO. SUB19-4:
Applicant: Paradigm Properties LLC
Location: Southwest corner of E. 1st Street and S. Gilbert Street
An application submitted by Paradigm Properties LLC for a Preliminary Plat for a resubdivision of
Planning and Zoning Commission
June 20, 2019
Page 2 of 17
Lot 6 and Outlot H of Phase 2 and a part of Lots 1 and 2 of Block 3 of Cook, Sargent, and
Downey's Addition located at the southwest corner of E. 1 st Street and S. Gilbert Street.
This application is a continuation form the June 6, 2019 meeting. Heitner began the staff report
with the question of what should the Commission and staff be evaluating when looking at these
preliminary plats. Referencing Title 15 of the Municipal Code they need to evaluate conformance
to the Comprehensive Plan, as best as possible to apply targets from the Code such as street,
circulation objectives, looking at connections with sidewalks and trails and other pedestrian
connections, conformance with block and lot sizes that are appropriate for the area, open space
requirements and basic public utilities. Heitner showed an aerial view of the subject property.
He noted one of the points raised at the last meeting regarding this application was the issue of
traffic circulation given development in the area. Outlot B in the Phase Three plat shows a
north/south alley intended to provide circulation for the development. The alley in Outlot B will
only connect to E. 1St Street with approval to the neighbors to the north, the Baumgartners
dedicating that connect as a public right-of-way or establishing an access easement at that
connection point. The alley was approved during the Phase Two platting for the subdivision and
the reason why it was built out to the northern property line was to help plan for potential future
access if the property to the north were to ever redevelop. The applicant has shared he
estimates including the newly acquired lot and the existing Lot 6 would add about six one -
bedroom units to the development. Heitner stated given this information and that the alley was
already approved in Phase Two plat staff finds the traffic circulation provided by the preliminary
plat is adequate to meet the needs of the proposed subdivision. Staff finds the application is
consistent with the Comprehensive Plan, the streets and circulation are adequate, there are
sufficient pedestrian connections, the proposed lot size is appropriate for the envisioned
development, the neighborhood open space requirement would be satisfied with a fee -in -lieu
land dedication, and adequate utilities exist to serve this development.
Staff recommends approval of SUB19-04 an application submitted by Paradigm Properties LLC
for a Preliminary Plat for a resubdivision of Lot 6 and Outlot H of Phase 2 and a part of Lots 1
and 2 of Block 3 of Cook, Sargent, and Downey's Addition located at the southwest corner of E.
1st Street and S. Gilbert Street.
Next steps, pending approval from this Commission the application would go forward to Council
for simultaneous approval of both preliminary and final plat and then administrative site plan and
design review by staff and then onto permitting.
Parsons asked if the easement to 1St Street was needed before this development could move
forward or could it move forward without the easement. Heitner stated it can proceed without the
easement. Parsons noted then the only way to access 1 st Street would be to go south through
Outlot H. If the easement doesn't happen, how will people in this development access Gilbert
Street. Heitner said they would go south through Lot 1 and access Gilbert via 2nd Street.
Baker stated the attorney's letter states "the previously approved private alley through Outlot B is
Outlot B does not have access to 1 st Street without going over and across her client's property".
And then in the staff report it states there is no access to 1St Street without an access agreement
in place and there is no requirement the neighbors agree to the easement. So Baker notes by
approving this plat tonight doesn't mean that access will be available to the developer.
Signs asked where the exit to a public street is from this property. Hektoen stated it will be
designed to funnel the traffic south to the existing E. 2nd Street (Outlot G in Phase One and Two).
Baker asked if the curb cut south of E. 1 St Street onto the development property will remain.
Planning and Zoning Commission
June 20, 2019
Page 3 of 17
Heitner said it is uncertain. Baker noted if it does not remain there would be no access to the
development property off E. 1 It Street. Heitner confirmed that was correct. Baker asked who
makes the decision on the curb cut. Hektoen said it would be part of the site plan review but
right now there is not a plan to have access to Lot 1 from E. 1 It Street.
Signs noted in the staff report they note the approval of the plat from 2017 shows the private
alley terminates at the Aero Rental property, it also shows every other access to Gilbert Street
terminates at an outlot, so he is still questioning where all the traffic from those apartment
buildings and retail space will access Gilbert Street from. Hektoen said all the traffic will access
Gilbert Street from 2nd Street. Signs is not seeing that indicated on the plat. Hektoen stated
there is a public access easement dedicated for the access. Signs stated the building on the lot
will be a very large building and it appears the access will be blocked by the building. Hektoen
said it will not, Outlot B will connect with Outlot G and that is vehicular access point to Gilbert
Street. Signs stated then if the traffic is to flow out Outlot G onto Gilbert Street, is that then the
only access for the entire development. Heitner confirmed that is correct. Signs noted that would
be hundreds of apartments plus businesses all using just one access point.
Parsons opened the public hearing.
Randy Miller (Paradigm Properties, LLC) came forward to answer questions. He noted the
development is just following the City's Comprehensive Plan, Riverfront Crossings. To the south
there are actually three additional access points onto Gilbert Street, the City didn't want multiple
access points. The access point on E. 1St Street will be vacated and the building will block that
access point.
Signs asked if there are traffic signals planned at the E. 2nd Street access point. Miller stated
there is not.
Dyer asked how many apartments will be in the location, the two buildings currently under
construction plus the new one. Mr. Miller stated that he was approved to build 258 units from his
TIF agreement, but that he has chosen to build just 223 (1) -bedroom units on the four buildings
that will comprise 1121, 1131, 1141, and 1201 S. Gilbert St. There are 261 parking spaces within
these complexes and an additional 66 parking spaces on the outside of the complexes for a total
of 327 parking spaces on the site. Per the Comprehensive Plan they will be connecting to the
pedestrian and bicycle traffic and the right-of-way to the park.
Parsons asked how many units will be in the new building. Miller said that building was originally
drafted as 63 units but it might be six less and be 57 with no access to E. 1 It Street. He bought a
$400,000 lot to give 1/3 of it away to the City for right-of-ways.
Martin asked about the traffic circulating within the development. Miller said it is what is noted in
the Comprehensive Plan. Hektoen stated with arterial streets such as Gilbert Street the City
wants to minimize the number of curb cuts. Heitner said one of the goals of form -based plans
like Riverfront Crossings, it to minimize points of conflict and points of access on busier streets
and to divert the volume to interior spaces.
Signs noted that way back to the original plans shown for this overall area it was shown that the
north/south access would be an alleyway onto E. 1St Street. Hektoen said that is the intention in
the future.
Signs asked if Miller has had any discussions with the property owners to the north regarding
Planning and Zoning Commission
June 20, 2019
Page 4 of 17
gaining an access or easement through their property to get to E. 1 It Street. Miller replied he had
not.
Baker asked if they need that north access to develop this project and Miller reiterated he does
not, they have planned the development with the E. 2nd Street access point. If he gets the
access he could build a building with the additional six units, but if not then he will build the 57
unit building.
Kirsten Frey (Attorney with Shuttleworth & Ingersoll) is speaking on behalf of Lloyd and Ruth
Baumgartner who own the property to the north known as Aero Rental. Frey wanted this
opportunity to address the Commission regarding a couple of issues. She had sent a written
correspondence to the Commission and wanted the Commission to note the City's position that
access on E. 1 It Street for this subdivision is not required at this time is a shift. That is not what
the original staff report indicated, the original staff report indicated the access to Lot 1 would be
achieved from E. 1St Street and from the north/south alley known as now Outlot B. The City is
now taking a very different position than they took in the original staff report to this Commission
two weeks ago. Frey believes this is in part due to the concerns she raised on behalf of her
clients. Frey believes it was an oversight on the part of the City to not realize they would have to
cross the Baumgartner's property to have that north/south alley access to E. 1St Street. One of
the significant concerns they have regarding this subdivision is the differences in the subdivision
plat for Lots 1 and 2 and the current one for Phase III. One of the differences is the current
subdivision has property that is currently directly adjacent to E. 1 It Street, the prior subdivision
did not, there was no lot with frontage on E. 1 It Street. Frey believes that difference is significant
because the public, and the 200 residents that will live there, are going to assume, like the City
did, that they can access E. 1 It Street using that alley. That will put them directly over her client's
property. They also have significant concerns about 223 unit owners and all the commercial
traffic being funneled south. As that gets congested the traffic will head north to what they
believe is a public right-of-way when it is not. Mr. Miller's comments about having a signal at the
2nd Street intersection or a nice bus stop is well taken. This development is moving faster than
the municipal infrastructure can support. It is also significant to note the minutes from the
original review and consideration of the Planning & Zoning Commission of The Crossings Phase
I and Phase II it is noted in the staff report "the submitted preliminary plat creates a new lot and
block pattern and provides for dedication of land from the pedestrian oriented street network to
support the proposed development of these properties according to the River Front Crossings
Master Plan". Frey noted that is consistent with the City's position today. What is inconsistent is
the remainder of the staff report which indicates in part "Lots 1, 2, 5 and 6 will have primary
frontage along Gilbert Street and access onto Gilbert Street". Frey noted it is significant
because Lots 1, 2, 5 and 6 includes the now Lot 1 of Phase III. So when the Commission
approved Phase I and Phase II it had Outlot H, which is now Outlot B, they were told what is now
Lot 1 would be accessing directly onto Gilbert Street. This plan tonight is a change, it will no
longer access directly onto Gilbert Street and will exit through Outlot B. In addition the staff
report also notes "Lot 7 (on the west side of Outlot B) has primary frontage on the Ralston Creek
pedestrian walkway but will likely need to rely on the extension of 1 It Street which would be
located on the abutting property to the north and outside the boundaries of the subdivision to
provide adequate emergency vehicle access. Development of Lot 7 will be restricted until
adequate emergency vehicle access can be provided." Frey feels the Commission needs to
understand that at the time Phase I and Phase II were approved the Planning and Zoning
Commission was told that what is now Lot 1 would be accessing directly onto Gilbert Street and
Lot 7 would not be developed until 1St Street was a public right-of-way and extended. Therefore
the City's argument that the prior approval of this subdivision means all they doing is adding 0.16
Planning and Zoning Commission
June 20, 2019
Page 5 of 17
acres and not changing anything is not accurate. At the time the original plan was approved her
client's had reason to believe the development that had occurred on what is now Lot 1 would not
be accessing 1St Street and would not be accessing through Outlot B. They also had reason to
believe the development on Lot 7 wouldn't happen until 1 It
Street was extended. Again, the
development is preceding the municipal infrastructure. Frey believes any reasonable person
looking at this development and looking at where 1St Street is, has to conceded people will use
1St Street to get to their property even if that means traversing over her client's private property.
Baker asked if the assumption is Outlot B will be paved and ready to use, but not have legal
access to 1St Street. Frey said if it is to be the funnel for the entire 223 units being built on Lot 1
she is unsure what the surface will be. Hektoen noted that only 63 units will be built on Lot 1.
Baker said legally the development cannot use the access through Outlot B unless Frey's clients
grant access. Frey agree legally that is correct. Baker acknowledged however if they did pave it
regardless of whether the access has been granted there is the likelihood residents would use it.
Baker asked why they don't just block the property at that point. Frey agreed they could obtain
City approval to block the access and incur significant expense to put in a barrier of some type.
Hektoen stated on private property City approval would not necessarily be needed. Hektoen
also stated the applicant could speak to putting something at the northern edge of Outlot B.
Frey noted whether it could be blocked or not — it was noted in the approval of Phase I and
Phase II that access to 1St Street was necessary for fire access so blocking it would be an issue.
Baker noted fire access is another issue, the complaint of the Baumgartner's is the use of that
access which will cross their property but that access can be blocked. The objection can be
mitigated without the Commission disapproving this application. Frey responded while that is a
significant objection to this development, it is not the only objection. There are still the concerns
about the amount of traffic from the development being funneled down to one access point, that
is not controlled, and is inconsistent with the Planning & Zoning Commission's approval of Phase
I and Phase II. Baker asked if the access through 2nd Street have a discernable negative
consequence to Frey's clients. Frey believes so, from a community member standpoint. Does it
adversely affect their personal property rights, no.
Baker also questioned the public access point and asked how staff responds to knowing 1 I
Street cannot be used for public services access is that a problem. Heitner stated every
application for plat is circulated among several departments, no comment was made regarding
point of access from fire, the assumption being because it was approved as part of Phase II the
incorporation of this lot may not add a substantial amount of traffic. Baker asked if there was any
comment based on the fact that 11t Street would not bean access point. Dyer noted usually
where there is a dead-end street there has to be a fire turnaround.
Signs asked if Frey believed her client had any interest in negotiating an easement or some
access to the north/south alleyway. Frey acknowledged they recognize they may need to do so,
and there is always the option for the City to condemn 11 Street, her client's believe at least then
they would be compensated for their property rather than people using it with no compensation.
Signs noted as he drove through the area and he has assumed through this entire process, as
also shown in the graphic he has seen in this entire process, access to 1 It
Street would be
possible. Looking at the area it would not be hard to reconfigure the area so her clients would
have their access to their property and the alleyway could connect to E. 1St Street. Signs
encourages them to explore this as the developer has already spent a lot of money to obtain that
last little piece of property at the City's request. Frey said her client recognizes the
Planning and Zoning Commission
June 20, 2019
Page 6 of 17
Comprehensive Plan and the goals, and wants to make sure it is understood they do not have
objection to Mr. Miller, the concern is they cannot use her client's property to funnel the
subdivision traffic without compensating them for the use and also believe the development is
out -pacing the municipal infrastructure. The Gilbert Street improvements need to be done, 2nd
Street intersection needs a traffic signal, there needs to be a bus stop, etc. to mitigate the impact
on surrounding property owners. Signs does not disagree.
Bob Saunders (Iowa City resident) had spent 25 years on Johnson County Planning and Zoning
Commission, stated that he did not like how the City's Planning and Zoning Commission does
not review final plats, and suggested that the Commission members demand that the City
Council consider an amendment to the subdivision code to allow the Commission to review final
plats and site plans. He also noted in his dealings with the City on developments in the Fringe
Area Agreement the City has hammered the County on developments to have multiple access
points, this development does not have multiple access points. He also noted the traffic on
South Gilbert Street during AM or PM rush hour the traffic is backed up all the way from Highway
6 to Aero Rental. To add 250 units, and even 50 or 60 cars wanting to leave the development,
they are not all going to want to go right. If the City is planning major road changes than those
need to be completed before dumping more traffic on streets that cannot handle the traffic at this
time. Saunders noted zoning is forever and if parcels of this property get sold off in the future to
other owners there would need to be an easement across this development so everyone can
access the one city street out. Finally, with question on parking, while there might be sufficient
parking for all the residential units, what about the development's ability to park the anticipated
demand for the ground floor commercial spaces on site. The parking for commercial differs on
types of commercial and at this time they are clueless on what the need is when they don't know
what the commercial properties will be.
Hektoen noted the preliminary plat the Commission sees is essentially the same as the final plat
the Council will see.
Frey asked Heitner about circulating the plat to the fire department and other areas and received
no comments back about the access issues. She wants to know if that circulation was done
before or after there were representations in the staff report that access would be available over
1 St Street and Outlot B. Heitner said it was circulated before the June 6 staff report was written,
but the notion amongst all staff was there would not be access onto E. 1 st Street. Frey noted the
staff report submitted shows there would be. Hektoen said the staff report was drafted after,
when a plat is received it is circulated to all departments to gather comments and it is from those
comments the staff report is drafted. Frey believes that looking at the plat staff presumed they
could access this lot across Outlot B because that is what the staff report said was going to
happen. Her point to the Commission is if the City staff presumed that, it is fair to assume the
fire and police departments may have also.
Miller stated it must have been a misinterpretation because it has never been the developer's
intention to extend north to 1St Street as it is someone else's property. Additionally to drive over
it is impossible, and when the building gets built there will be a sidewalk and the driveway will be
closed and for the protection of his tenants they will likely put up barriers at the end of the
alleyway until access could be granted.
Baker asked about the commercial property parking requirements and if types of businesses and
the requirements are written into the Code. Heitner confirmed that. Miller noted per the Code
requirements they have more than required spots, they could reduce the parking they are
Planning and Zoning Commission
June 20, 2019
Page 7 of 17
allocating significantly. He always builds more parking than required on his projects because it
what the tenants want. They also try to rent to commercial tenants that have staggered traffic
patterns (morning, afternoon, evening) because it is better for the commercial tenants.
Baker feels the issue of the effect on the northern neighboring property can be mitigated, the
overall access issue and public safety access is what is concerning. It is clear in the minutes
from 2017 they were going to rely on the extension of 1 st Street to provide adequate emergency
vehicle access. Baker asked again, if the review of this plat was based on the assumption 1 st
Street would be available for access for public safety vehicles. Heitner said that access was
specifically for Lot 7.
Miller noted they are in the early stages of discussing development of Lot 7 which will be
reviewed by the fire department at time of that development. Miller added with his development
they are having a lot less density than what was projected in the Comprehensive Plan.
Baker asked again about the access points, not just the 2nd street one, but other further south.
Miller stated they were not allowed to have another access point, this is what was set up with the
infrastructure with Riverfront Crossings. The City wanted their access to align with 2nd Street for
the public access and access to the park.
Signs noted that using the access to the south would require access across two other property
owners' properties. Miller confirmed that was the plan in the Comprehensive Plan — someone
eating dinner at Red Ginger could go all the way north to 2nd Street to access Gilbert Street if
they chose to.
Hektoen stated there are public access easements across all the properties so in terms of
conveyance it would be subject to that restriction. Signs asked if there was a public access
easement across the front of Big Grove. Hektoen said the easement borders Lot 1, the
north/south alleys that have been platted, as well as Outlot G.
Frey responded to the comments on the reference to the minutes regarding the approval process
for Phase I and Phase II that specifically reference the fire concern applied to Lot 7 not to Lot 6.
Her argument is the same concern now applies to Lot 1 because in Phase I and Phase II what is
now Lot 1 was specifically contemplated to access Gilbert Street directly and had direct access
to Gilbert Street and no longer does and now accesses its property through Outlot B, so the fire
access point argument should be the same to Lot 1 as it was to Lot 7.
Hektoen noted that Lot 1 has frontage along Gilbert Street and obviously when any site plan
comes in fire does get involved, there is a distance requirement that fire has to have a hydrant
within a certain number of feet and because they have frontage along Gilbert Street that gives
them a whole lot of room to access the building for fire protection.
Dyer said if they go in through Outlot B they can't get back out because there is no place to turn
around. Hektoen noted the site plan review process will address those questions and concerns,
Lot 7 is in site plan review right now.
Signs stated if the Commission is to base their decisions on what is presented at the time, if a
fire truck was to drive in on the 2nd Street entrance, turn north on the alleyway to go put out a fire
on the west side of Lot 1 there is no turnaround. Hektoen said it is unsure at this point how those
sites are being developed. Signs said as indicated on the Phase III plan they approved on May
Planning and Zoning Commission
June 20, 2019
Page 8 of 17
16 there is no turnaround.
Parson stated the Fire Chief would have to approve the site plan before it is finalized. Signs
reiterated that they are making a decision with not knowing the outcome and will never see the
plan again before it goes to Council.
Dyer said the Subdivision Code does say there needs to be a hammerhead at the end of dead
end streets, and that is in cases of just a few houses. Hektoen said with single family lots there
is not the same internal circulation opportunities as with a large complex like this.
Parsons closed the public hearing.
Signs moved to recommend approval of an application submitted by Paradigm Properties
LLC for a Preliminary Plat for a resubdivision of Lot 6 and Outlot H of Phase 2 and a part
of Lots 1 and 2 of Block 3 of Cook, Sargent, and Downey's Addition located at the
southwest corner of E. 1st Street and S. Gilbert Street.
Baker seconded the motion.
Parsons noted this has been a long discussion regarding a preliminary plat, but with a lot of
useful information. In the end what the Commission is really deciding is whether to allow the
additional six one -bedroom units because the developer can start do the development with 57
units rather than 63 without this application. He agrees and hopes the utilities and access need
improvement and hopes that will happen in the near future, he also hopes an agreement will
come so that Outlot B can access 11 Street that would significantly improve some of the issues
brought up tonight. Parson will support this recommendation and have some faith and trust
Council as the steps move forward.
Martin asked if there was interest in amending the motion to include the need for a traffic signal
at 2nd Street. Hektoen said that can be done at rezoning stage but not preliminary plat.
Martin stated that when the rezoning was approved she believed there would be an exit point on
111 Street and 2nd Street. Signs agreed and noted on the Phase III exhibits they approved it
clearly illustrates a corner there.
Townsend suggested the two owners, Aero Rental and developer discuss their options and
come up with something that will give the development access to 1St Street. She feels that would
solve the biggest problem. Signs agrees but also feels the City needs to be part of that
conversation and action. He feels the owners would likely grant the access and they of course
need to be compensated for it. Townsend feels the 200+ tenants will use Aero Rental as
customers as it is walking distance to their homes, so it would be a win/win for both sides.
Dyer objects to the slide that is putting the pressure on the Baumgartner's, they can do what they
want with their property, and it is inappropriate. It is putting pressure on them to make this
possible.
Signs shared the graphics from the packet the Commission received when they decided upon
the rezoning of Phase I I I and the graphics clearly show a third access point from 1St Street. He
also shared the final plats for The Crossings Phase I and Phase II and he goes back to the logic
while it may be the intent that it would always end at the property line, there appears to be the
Planning and Zoning Commission
June 20, 2019
Page 9 of 17
image of it connecting to 1St Street. Finally because this hinges on the fact the Commission
approved Phase III, again the representation he saw in that approval shows a curved curb cut,
parking spaces on the north side of the building that park off of 1St Street. Yes, as staff noted it is
not on the lot line but there is the indication the access will be there. Signs is frustrated with the
level of detail on the reports, he really believed there would be third access point (the 1St Street
access) and now there is not. With regards to parking, the developer has over -met the
requirement which is not an issue, the issue is circulation and access. Signs also noted he feels
there is an easy solution to work with the owners to come up with an easement or solution.
Baker wondered if the conversation regarding a signal at 2nd Street is even feasible considering
the distance of 2nd Street from Kirkwood Avenue. Heitner said the transportation planning staff
would have to look into that. The effect on the Aero Rental property is a nonfactor because they
control their own destiny for that, it is the other issues he has pause with. His inclination is they
need more answers, for example is it possible for Outlot B to be configured in such a way that
one would not need access over the Aero Rental property to access 1St Street. Signs said that
would create a driveway right next to a city street corner, which probably isn't best. Baker said
there could be a short frontage street there.
Signs agreed there are some unanswered questions however will vote in favor as he doesn't
want to hold Mr. Miller's development up, he has done everything he has needed to do. Baker
agrees but questions if the issues raised this evening can be solved at the next level. Parsons
acknowledged Council will take it up. Signs doesn't like that they are pawning these decisions off
to Council, which is what this Commission is here for.
Signs is willing to approve based on the assumption Mr. Miller will block off the access and/or the
Aero Rental folks will block off the access, operating in good faith that with the site review by
staff there will be a hammerhead somewhere for the fire truck to turnaround, and go on record
chastising the process because it is extremely frustrating.
A vote was taken and the motion passed 4-2 (Dyer and Martin dissenting).
URBAN RENEWAL ITEM:
Discussion on Proposed Forest View Urban Renewal Plan located south of Interstate 80, west of
N. Dubuque Street, and east of Mackinaw Drive.
Ford (City's Economic Development Coordinator) presented a resolution of necessity for Forest
View Urban Renewal Plan, which was approved by Council last Tuesday. State Code requires
that prior to the City Council holding a public hearing, which is scheduled for July 16, on a new
urban renewal area, the Planning and Zoning Commission must review and submit a written
recommendation about the urban renewal plan to the City Council regarding its conformity with
the Comprehensive Plan.
In August 2017 Council adopted an amendment to the North District Comprehensive Plan with
this particular development in mind. In April 2019 the Comprehensive Plan was amended to
modify the land use map to accommodate the homes and relocation of the Forest View
manufactured neighborhood to a different area within the development. That whole area was
then rezoned on June 24, 2019.
There were five goals adopted in the Comprehensive Plan Amendment that included two
Planning and Zoning Commission
June 20, 2019
Page 10 of 17
focused on housing. Those were (1) the developer should provide relocation assistance to the
residents and (2) the development of multifamily units that are adjacent to the Mackinaw Village
Neighborhood should incorporate certain design standards for setbacks, woodland buffers, low
lighting, etc. Other goals were (1) commercial and institutional uses must preserve the scenic
character of this area a primary entrance to Iowa City; (2) a buffer of existing trees along
Dubuque Street between Dubuque Street and the development remain to create a buffer and to
create a buffer from the entryway to the development and the Knollwood development homes to
the south; and (3) allow for access from Dubuque Street between 1-80 and Foster Road.
Ford noted the Urban Renewal Project is for the City to be able to consider financial participation
in the development of the road that would access the development off Dubuque Street along the
northern part of the development and connecting with Algonquin Street that connects with Foster
Road. North Dubuque LLC, owners of the property, approached the City about sharing the cost
of that infrastructure because they also saw the twofold public benefit in reinvention of the Forest
View manufactured homes and also public access for the rest of the Peninsula development.
Ford stated with the establishment of an Urban Renewal Plan must have a basis, this one is a
combination of "slum and blight" remediation as well as "economic development". Ford does not
believe this Commission has had to consider a "slum and blight" remediation as part of an Urban
Renewal Plan before but the State Code has criteria and conditions they set forth of which only
one has to be met in order to qualify an area for "slum and blight" remediation and that is in this
case a substantial number of slum, deteriorated, deteriorating structures or ineffective or
inadequate street layout are present. This condition exists in both the existing mobile home
court and also because currently there is only one access to the mobile home court now. The
area with only one street access is also very heavily wooded and causes the danger that in the
event a tree would fall across the road it would be difficult to access emergency vehicles in the
event of a fire. Additionally some of the buildings that exist in that area are considered fire
hazards because of the materials, age and conditions. Therefore the City feels this area meets
the standards for the "slum and blight" remediation which affords the Urban Renewal Area with
no sunset.
Martin asked if it matters who responsibility it was if the area is blighted. Ford replied it does not
by State law.
Ford said the other part of the designation is simpler, the economic development notes the area
is appropriate for commercial enterprises or public improvements related to housing and
residential development and construction of housing and residential development for low and
moderate income families including single or multifamily housing is appropriate. Ford stated
those two factors is what the City is basing this Urban Renewal Plan on.
Staff recommends that the Planning and Zoning Commission forward a written recommendation
to the City Council stating that the Forest View Urban Renewal Plan conforms to the Iowa City
Comprehensive Plan, and conforms with the general plan for the development of the City of Iowa
City.
Dyer asked if the money being sought is to just be used for the road. Ford said it is for the
infrastructure which includes the road, the water, sewer and trails. Dyer asked if the road needs
to be done before the manufactured housing is built. Ford confirmed it would. Dyer asked how
long it will take to build the road. Ford said those details will be worked out in a development
agreement that won't go to Council until all details are complete.
Parsons thought the plan was to extend Algonquin Road at this point for the manufactured
Planning and Zoning Commission
June 20, 2019
Page 11 of 17
housing and then down the road connect Forest View Drive to that area. Hektoen stated there
will be different phases of the plat and those will guide when the infrastructure is installed. She
stated they will not be able to get any economic development rebate until the entirety of the road
is constructed, that is a condition that will be in the agreement.
Signs asked about the negotiations with the County and School District, one of the complaints
about TIF funding in general is not only does the City give up their share of the money but so
does the County and so does the School District. Ford said it is not really a negotiation but
rather a consultation, a meeting is set where a representative from the County and the School
District is invited, Ford has been involved in more than a dozen Urban Renewal Plan
amendments that have the same requirement and once or twice there has been a representative
from the School District and about half the time there is a representative from the County. At the
meeting they discuss the development prospects and in this case the developer, when it is all
finished, will have new value of approximately $150 million so the impact of spending $12.9
million on rebates to help pay for the road will generate all the value from the property taxes in
the development for the future.
Martin stated she is not a fan of TIFs however she is being open minded. She is concerned that
it is the developer's fault the area became blighted so why now do they get to ask for funding to
correct it. Ford noted the developer approached the City early on in their planning, at the
beginning three years ago, to ask for assistance with the road and infrastructure for the
development. The City felt it was worth considering and if the City is even going to consider a
cost-sharing arrangement like this they have to have the project incorporated into an Urban
Renewal Plan. Martin believes at some point during the earlier processes before the
Commission the question of if the developer was asking for any TIF money was raised and the
answer was no. Ford said a request for funding would not have been included in any of their
prior deliberations. Martin feels if the City was having those conversations with the developer is
should have been noted in prior deliberations. Martin is not objecting to another access to the
Peninsula and other neighborhoods, it was just not clear where the funding would be coming
from. Ford said while there was discussions of cost-sharing early on until the project comes
more into focus there is enough information to discuss the actual costs. All that information only
came into light in the past couple weeks and that is how they were able to come up with the
$12.9 million cost. The next step is the actual cost-sharing agreement and that is the City
Manager working with the developer to determine what is reasonable and palatable for the
community.
Dyer asked how this amount of money would compare to other TIFs the City has approved.
Parsons noted the last one they approved was the Foster Road extension to Prairie Du Chien.
Ford stated the Foster Road one was a smaller project and about $3.4 million. This project is
much larger. Other building projects, the Chauncey was $14 million, the Iowa City Marketplace
was just under $2 million, so there is a range depending on the financial gap, the public benefit,
etc. There isn't a formula for one -size fits all. Parsons noted the added cost is because Forest
View Drive will snake around slopes, it is not just a straight street. Ford agreed, and the City has
been very clear with the developer they will consider cost-sharing only on parts of the road that
will connect Dubuque Street to Foster Road so none of the interior streets in the development.
Signs asked if the City was heavily invested in the construction of the Peninsula development.
Ford said that was before her time but doesn't believe there was a TIF on that development.
Hektoen said there wasn't a TIF, the City owned the land and sold it to the Peninsula developers.
Signs acknowledged the developer of this project has made several concessions to the City, the
Planning and Zoning Commission
June 20, 2019
Page 12 of 17
gas station lot is gone, it is now a parking lot for the trial, they've added trails, and they've added
trees so he is taking that into consideration as public benefit.
Hektoen said the platting process for this development has not occurred yet so this is not the last
time the Commission will see this development.
Martin asked what the long-term benefit for the schools or the County is on a project like this.
Yes there will eventually be property taxes, is that all. Ford said the two big benefits are the
secondary access and the new neighborhood for the Forest View manufactured housing. The
current homes are not in good shape, many are decades old, some are truly fire traps and
regardless of how they got to that shape those people deserve better housing. This Urban
Renewal Plan will help facilitate the whole development because it puts the road through that
allows for the development that allows for the owners to be able to carry out the project. The
Forest View relocation part of the project has a great public benefit.
Signs added the economic benefit, the office buildings, the apartment buildings, and senior
housing and the tax base coming from all those buildings is significant.
Dyer asked what the developer had to do before the City spends money. Hektoen said this is a
rebate program so the City will not spend any money until the property generates a certain
increase in value and taxes. The City will then rebate those taxes as long as the developer is in
compliance with the executed development agreement. Hektoen stated it will likely take three
construction seasons to complete this development and then they will have to wait another year
after completion to pay their taxes and then receive the rebates. Dyer asked if it was going to
take three construction seasons would that be three more years before the Forest View residents
get to move. Ford said it may not, they don't know the details yet but there is a concept that
would allow access to the new Forest View neighborhood from Algonquin before the center
section of Forest View Drive was complete. Ford reiterated those details aren't finalized. Signs
agreed that was mentioned at one of the earlier meetings because they do need to move the
Forest View residents before they can redevelop the middle part of the project. Hektoen stated
the Conditional Zoning Agreement requires the new manufacture housing homes be constructed
in the first phase of the development. This will include the first phase of Forest View Drive from
Algonquin to the new homes.
Dyer stated that Blackbird, the development company, has a project in Des Moines and one in
Ottumwa where they have essentially defaulted. There is a partially destroyed hospital in
Ottumwa that has been left since last August and in Des Moines they approval to build a 33 story
building with apartments and they have done nothing on that for more than a year. Some public
money has been given to them. Dyer is concerned about the residents of the mobile homes.
Hektoen acknowledged those are concerning items and that is why many years ago the City
shifted to a rebate scenario to protect the City from giving public money upfront. The City will not
be out any money if this project is not completed. She added the TIF agreement is just one layer
on this project, there is the Affordable Housing Agreement and others. Hektoen said they will
draft the agreement tightly to make sure the default provisions are solid. Dyer noted that besides
the money there is also no guarantee this mobile home relocation will be done and all of the
approvals is telling people this is going to happen. Hektoen said that always happens with
rezoning or plat approvals it doesn't guarantee the developer will actually break ground and do
the development. The City has had conversations with the applicants, the Forest View residents
and the developer raising concerns to make sure everyone's interest is protected but the City
can only raise the questions they cannot guarantee success. Signs added there are two or three
Planning and Zoning Commission
June 20, 2019
Page 13 of 17
local partners in this project with Blackbird which gives him comfort.
Parsons opened the public hearing.
Seeing no one Parsons closed the public hearing.
Signs moved to recommends Planning and Zoning Commission forward a written
recommendation to the City Council stating that the Forest View Urban Renewal Plan
conforms to the Iowa City Comprehensive Plan, and conforms with the general plan for
the development of the City of Iowa City.
Townsend seconded the motion.
Parsons acknowledged Ford presented in her report this meets the Comprehensive Plan goals,
this gives the area a secondary access, it gives the current residents of Forest View a better way
of life and gives the community amenities in that area.
Signs has never really understood or been a fan of the TIF process but this is an amazing project
if it is done the way it has been presented and will generate the value and tax base to benefit the
community. He is pleased to learn the TIF money is through rebates and the project must be
completed for them to access the funds.
A vote was taken and the motion passed 5-1 (Dyer dissenting).
CASE NO. REZ19-06:
Applicant: City of Iowa City
Location: 225 N. Gilbert Street
An application submitted by the City of Iowa City for a rezoning of approximately 0.1 acres of
property located at 225 N. Gilbert Street from Central Business Service District (CB -2) to CB -2
with a Historic District Overlay (CB-2/OHD).
Heitner began the staff report showing an aerial view of the subject property. The current zoning
is CB -2. He wanted to point out a few items the Historic Preservation Commission found
noteworthy. This is the Hohenschuh-Hervert House and Heitner showed photos of the bracket
details on the windows and interior glass French doors. The house was built in 1904 by Charles
Mentzer, a socially recognized carpenter, in a vernacular design with Folk Victorian detailing.
The original owners were Christian and Clara Dostal Hohenschuh, prominent figures in Iowa City
society and second generation immigrants within the Northside immigration communities. In
1936, Katie Hervert, and later her husband Frank Henry Hervert, gained ownership and made
significant alterations to the house. Frank Hervert was a member of the design -build carpentry
industry in Iowa City which influenced the stylistic designation of the house.
With respect to compliance with the Comprehensive Plan there are two goals related to this
proposal. Goal 1: Identify historic resources significant to Iowa City's past and Goal 10: Adopt
strategies that preserve historic neighborhoods, and in particular, the Gilbert -Linn Street
neighborhood. Specifically, Objective 5 of Goal 1 is satisfied by means of the nomination and
pursuit of Local Landmark designation.
The Historic Preservation Commission met on June 13, 2019 and conducted a public hearing at
Planning and Zoning Commission
June 20, 2019
Page 14 of 17
which they reviewed and evaluated the historic significance of the Hohenschuh-Hervert House.
The Commission determined that the property meets the requirements for a landmark and voted
to recommend approval of the designation of 225 North Gilbert Street as an Iowa City Historic
Landmark. The building is significant because of its relationship to second -generation immigrant
families in the Northside of Iowa City, the local tradition of architectural salvage and reuse, and
being a well-preserved example of local design -builder craftsmanship.
Staff recommends the approval of REZ19-06, an application to designate 225 North Gilbert
Street as an Iowa City Historic Landmark and rezone from Community Business Service (CB -2)
to Community Business Service with a Historic District Overlay (CB-2/OHD).
Martin asked if the current owner is in favor of this historical designation. Hektoen noted the City
is the owner of the property and perhaps will be sold under the UniverCity Housing program.
Parsons opened the public hearing.
Seeing no one, Parsons closed the public hearing.
Signs moved to recommend approval of REZ19-06 an application designate 225 North
Gilbert Street as an Iowa City Historic Landmark and rezone from Community Business
Service (CB -2) to Community Business Service with a Historic District Overlay (CB-
2/OHD).
Townsend seconded the motion.
A vote was taken and the motion passed 6-0.
CASE NO. REZ19-06:
Applicant: City of Iowa City
Location: 229 N. Gilbert Street
An application submitted by the City of Iowa City for a rezoning of approximately 0.09 acres of
property located at 229 N. Gilbert Street from Central Business Service District (CB -2) to CB -2
with a Historic District Overlay (CB-2/OHD).
Heitner stated this house was owned by Christian and Clara Dostal Hohenschuh and built in
1897 as a Free Classic Queen Anne by Jacob J. Hotz, a broadly known, successful carpenter
and businessman. With the design direction of his son, Charles Hotz, the two -and -a -half -story
house was given a central hipped roof and lower cross gabled wings. This property, with its
asymmetrical design and elaborate porch, was one of the few high -style houses built in the
1890s to survive from the Phase II Area. Christian and Clara Dostal Hohenschuh, the original
owners of this property, were prominent figures of Iowa City society. The Hohenschuh's were
part of the Northside Neighborhood immigrant communities as second -generation immigrants.
Jacob J. Hotz was also a second- generation immigrant and interacted with the Northside
German Immigrant Community. The house has relationships with other notable Iowa Citians, the
most prominent being Mary Keating, a second -generation Irish immigrant, who was important in
the history of the Veterans Administration Hospital.
In terms of satisfying direct goals in the Comprehensive Plan Goal 1 b.calls for the Northside
Planning and Zoning Commission
June 20, 2019
Page 15 of 17
Marketplace calls for the protection of historic buildings. The Historic Preservation element of
the Comprehensive Plan has two goals that relate to this proposal. Goal 1: Identify historic
resources significant to Iowa City's past and Goal 10: Adopt strategies that preserve historic
neighborhoods, and in particular, the Gilbert -Linn Street neighborhood. Specifically, Objective 5
of Goal 1 is satisfied by means of the nomination and pursuit of Local Landmark designation.
The Historic Preservation Commission met on June 13, 2019 and conducted a public hearing at
which they reviewed and evaluated the historic significance of the Christian and Clara Dostal
Hohenschuh House. The Commission determined that the property meets the requirements for a
landmark and voted to recommend approval of the designation of 229 North Gilbert Street as an
Iowa City Historic Landmark. The building is significant because of its relationship to second -
generation immigrant families in the Northside of Iowa City.
Staff recommends the approval of REZ19-05, an application to designate the Christian and Clara
Dostal Hohenschuh House at 229 North Gilbert Street as an Iowa City Historic Landmark and
rezone from Community Business Service (CB -2) to Community Business Service with a Historic
District Overlay (CB-2/OHD).
Parsons opened the public hearing.
Seeing no one, Parsons closed the public hearing.
Signs moved to recommend the approval of REZ19-05, an application to designate 229
North Gilbert Street as an Iowa City Historic Landmark and rezone from Community
Business Service (CB -2) to Community Business Service with a Historic District Overlay
(CB-2/OHD).
Motion seconded by Baker.
Dyer noted it is stated in the documents the City is working with potential new owners for the
future use, potentially as commercial properties.
A vote was taken and the motion passed 6-0.
CONSIDERATION OF MEETING MINUTES: JUNE 6, 2019
Signs moved to approve the meeting minutes of June 6, 2019.
Townsend seconded.
A vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION:
Heitner noted the Commission agreed upon meeting at 5:30pm on Wednesday, July 31, if a
meeting on the 3rd is necessary. Staff intends to let the Commission know early next week if a
meeting on the 3rd will be required.
Adjournment:
Planning and Zoning Commission
June 20, 2019
Page 16 of 17
Baker moved to adjourn.
Townsend seconded.
A vote was taken and the motion passed 6-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2018-2019
KEY:
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
8/16
9/6
9/20
10/18
12/20
1/3
1/17
(W.S.)
2/4
2/21
3/7
3/21
4/4
4/18
5/16
6/6
6/20
BAKER LARRY
X
X
X
O/E
X
X
X
X
X
X
X
X
X
O/E
X
X
DYER, CAROLYN
O
O/E
O
X
X
X
O/E
X
X
X
X
X
X
O/E
X
X
FREERKS ANN
-- --
- --
-- --
-- -
-- -
-- -
-- -
-- --
-- --
-- --
— --
-- --
-- --
-- --
-- --
-- --
HENSCH MIKE
X
X
X
X
X
X
X
X
X
X
O/E
X
X
X
X
O/E
MARTIN, PHOEBE
X I
X
X
X I
X
O/E I
X
O/E
X
X
X
O/E I
X
X I
X
X
PARSONS, MAX
X
O/E
X
X
X
X
X
X
X
X
X
X
X
X
X
X
SIGNS MARK
X
X
X
X
X
X
X
X
X
X
X
O/E
X
X
X
X
THEOBALD, JODIE
-- --
TOWNSEND BILLIE
X
X
X
X
O/E
X
X
I X I
X
O/E
X
X
X
X
X
X
KEY:
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
i
CITY OE IOWA CITY
www.icgov.org
August 6, 2019
ATTACHMENTS:
Description
Public Art Advisory Committee: June 6
Item Number: 41
FINAL
MINUTES
PUBLIC ART ADVISORY COMMITTEE
JUNE 6, 2019 — 3:30 PM
LOBBY CONFERENCE ROOM — CITY HALL
MEMBERS PRESENT: Eddie Boyken, Vero Rose Smith, Juli Seydell Johnson, Wendy Brown,
Andrea Truitt, Ron Knoche, Steve Miller
NOT PRESENT: Sarah Helmer
STAFF PRESENT: Marcia Bollinger
PUBLIC PRESENT: Steve Schuette
CALL TO ORDER
Vero Rose Smith called to order
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA
There was no public discussion of items not on the agenda.
CONSIDERATION OF MINUTES OF THE MAY 2, 2019 MEETING
Marcia mentioned typos that she noticed after sending out the minutes and these would be
correct. Juli Seydell Johnson moved to approve with typo changes, Ron Knoche seconded.
Motion passed unanimously.
ARTIST STUDIO TOUR PROPOSAL — STEVE SCHUETTE
Steve Schuette introduced himself. He was formerly an artist and is getting back into it and
trying to find what is going on in the area. He travels to Galena with family and friends, and
discovered Twenty Dirty Hands; a collection of ceramic artists who designate a few days when
people come to see them and their work in their studios. Shuette explained that there are similar
events in northeast Iowa and southwest United States. From an artist's perspective he
described the different venues where artists can display their work; in a gallery it takes time and
money and galleries take between 25-50% of the sales proceeds. In a craft fair you contend
with weather and attendance and you must commit a lot of time. There are other options, where
artists can set up galleries in their work spaces, home, yard and garage and have people come
see them. He has been contacting artists, and there is interest within the artist community for an
event like this. He wants it to be a positive experience and he wants to avoid duplication if
something like this has already been organized. Shuette explained that he was reaching out to
the City to determine who would be interested in helping with this event, or be a part of this
event. He has one or two events in mind this fall. And wanted to gather information from the
City, when should the event occur, he did not want it to conflict with other community events.
Seydell Johnson described a Saturday event last December that included the holiday market at
the rec center, the Eastside Artisans Market at the Masonic Lodge, the Library Holiday Market
and another at Merge on that same Saturday. She said they played off each other well.
Vero Rose Smith asked Steve Shuette what kind of support would you need from this
committee specifically. Shuette suggested he was sure what is available, but hearing your ideas
and advice would be helpful. Potentially signs, maybe an interactive map, disseminating
information and promotion. He also suggested a website would be helpful.
Marcia Bollinger explained that the Public Art Advisory Committee could sponsor this event as it
would be meeting goals that are established in the strategic plan such as supporting the private
art community and providing opportunities. Bollinger suggested that City could help with
promotional work, signage and printing. Shuette being willing to organize the event would be
very helpful and appreciated.
The committee discussed possible dates for the event and determined that looking at fall 2019
weekends was best. Shuette agreed to start working on details for an online registration form.
Bollinger suggested the City could provide assistance. The need to provide accessible space
for persons with disabilities as well as safety needs was discussed.
Rose Smith stated that the University of Iowa Art school may be interesting in open student and
faculty studios as well as Public Space One which has artist studios.
The committee discussed the geographic area to consider for the studio tour and determined
that keeping it in the immediate Iowa City area for this first attempt seemed reasonable. Shuette
explained that he had 12 studio artists interested in participating in his neighborhood on Sunset.
He suggested that more would always be welcome. Charging a fee to the artists was discussed
as well as time frame. Bollinger stated that Project Green was hosting an Open Gardens
Weekend this year on July 13/14 and using much the same format of allowing any gardener to
participate that was interested. They are seeking sponsorship from businesses rather than
charging the gardeners or the visitors. She suggested she would touch base with them after the
event to see what suggestions they may have based on their first experience. Rose Smith also
suggested Friends of Historic Preservation have hosted house tours.
Shuette explained that he would be working on details of the tour in the next few weeks and
would stay in contact with Bollinger regarding progress and needs.
Seydell Johnson moved that the Public Art Advisory Committee partner with and support the
Safari Art Tour of local studios. Miller seconded. Approved unanimously.
All Members moved to the City Hall Stairwell to View the Public Art Piece.
REVIEW OF PERFORMANCE ART REQUEST FOR PROPOSAL
The committee reviewed the Performing Art Request for Proposal draft. Wendy Brown stated
she send Bollinger her comments via email stating that the change she suggested was
removing the second sentence as it wasn't needed. Brown asked about the phrase "site should
be secured" and what that meant. Bollinger explained that frequently she received applications
for funding that have not received a commitment from the property owner to host the
event/artwork.
Andrea Truitt asked if the application would allow for applicants to submit videos as part of the
application and Bollinger said that would be an option.
Miller suggest the phrase in the Ineligible Event section "Events or performances that are a part
of the applicant's regular programs" was limiting artists such as Jason Snell who performed but
the matching fund grants provided the opportunity for the public to see free performance. It was
agreed to remove that comment.
Truitt asked about the phrase under Ineligible Events "Those that advertise or promote a for-
profit business" and how sponsorships play a role in that and if acknowledgement of the
sponsorship was advertising. It was decided that acknowledging other sponsors was not
actively promoting a for-profit business.
Bollinger suggested given this is the first time that funding has been made available for
Performing Arts, it will be a learning experience and there will be questions.
The question of "Coordination of the event" being an ineligible expense was also discussed.
Bollinger explained that the goal was to provide funds to the performers as well as to other
expenses such as food, etc. to expand the event rather than to pay for someone to coordinate.
It was decided to keep that language and see how it impacts applicants.
Various methods of promotion and distribution were discussed and all agreed to share the
opportunity with those who may be interested.
Miller motioned to move forward on release the Performing Arts Request for Proposal with
changes mentioned. Truitt seconded. Motion unanimously approved.
DISCUSS DRAFT PUBLIC ART STRATEGIC PLAN
Rose Smith suggested that it be most effective to spend this meeting discussing major
organizations or formatting structure issues related to the draft strategic plan rather than getting
into the details. She suggested that al committee members could take time to individually read
and provide written comments and no later than 2 weeks from now.
Miller agreed with Vero's approach. He stated that he noticed the draft is missing the concept of
the City having a financial stake in artist studio or gallery as was discussed extensively at the
last public input meeting. Rose Smith agreed that this should be included particularly as it
relates to the Riverfront Crossings District which has areas dedicated as an artist district and the
building that previously housed the Bochner chocolate factory was being pursued as an art
center space. Miller suggested it be separate goal.
Brown brought up the original memo from Karin Franklin that established the program and
mention of including public art as parts of buildings, tree gates, gates, paving designs, manhole
covers landscaping murals, etc. She referred to the suggestion by Thomas Agran to embed a
City artist in these projects similar to what is in place in Minneapolis. Bollinger stated that the
Action Plan includes that potential to be explored.
Bollinger stated that she needs to integrate all the feedback that was received from the public
meetings in more detail but also to consider if specific points were made by more than one
individual
Rose Smith suggested that it would be useful to have a more graphical presentation included as
part of the plan such as bar graph that were put up for the public meeting. Bollinger added that
there is a lot that can be visually enhances to make the plan more interesting and easier to
digest.
The committee discussed the time schedule for the review and decided that further revision
needed to occur on the draft plan. The public input meeting would be pushed out to an August
meeting and the committee would review the revised draft at their July 11 meeting. The Art
Professional committee would be sent the document for their input 2 weeks prior to the July 11
meeting asking for their input by July 11. The input would be incorporated and the document
would then be posted on the website for public review and feedback. The committee decided
that the final public input meeting will be discussed and scheduled at the July 11 meeting based
on feedback and further review needs. As previously discussed, it was decided to have the
committee members spend some time reviewing the document, providing feedback to Bollinger
and reviewing this draft at the July 11 meeting.
Knoche verified that the Strategic Plan would need to be adopted by the City Council prior to
expending any FY20 funding.
COMMITTEE ANNOUNCEMENTS OF COMMITTEE REPORTS
Seydell Johnson updated the committee on the Riverfront Crossings Grant Opening art project
that was discussed at the May meeting. Kite kits have been purchased in two different styles
and staff is experimenting with ways to decorate them. The kites will be made available to
anyone who is interested in decorating them at the event.
The committee discussed the option for artists to become involved in the project but it was
decided that such a project might be something better planned for a later event.
Bollinger updated the committee about discussions between the two students who attended the
meeting in May to present their concept for a mural in the Capital Street Parking Ramp. Darian
Nagle Gamm, the Transportation Services Director met with the students and suggested that
she would prefer to wait until the process was established for review of these types of proposals
for public facilities. Nagle Gamm stated that the students were comfortable with that approach.
Bollinger stated that this process will be included as part of the action plan of the strategic plan
Rose Smith handed out flyers for the project [r]amp event that was funded with the public art
matching grant to be held Sunday, June 9.
Bollinger stated that the Longfellow Front Porch Music Festival is scheduled for Saturday, June
8. Miller stated that his 7 -year-old daughter is playing in their front yard.
Bollinger added that the College Hill Neighborhood is hosting the Eulenspiegel and Community
Band on Sunday, June 9.
ADJOURNMENT
Knoche moved to adjourn, Truitt seconded. Meeting adjourned at 4:45 P
Public Art Advisory Committee
Attendance Record
2018-2019
Key:
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a member
Term
Name
Expires
8/2
9/6
10/4
11/1
12/6
1/10
3/7
4/4
512
6/6
Wendy
Brown
01/01/20
x
x
x
x
O/E
O/E
x
x
x
x
Erin
Fitzgerald
01/01/20
x
x
x
--
--
--
--
--
--
--
Ron
Knoche
x
x
x
x
x
x
X
X
x
x
Juli
Seydell-
x
x
x
x
x
x
O/E
x
x
x
Johnson
Vero
Rose
Smith
01/01/21
O/E
x
x
x
x
x
x
O/E
x
x
Steve
Miller
02/01/21
x
x
x
x
x
x
x
x
x
x
Andrea
Truitt
01/01/22
--
--
--
--
x
x
x
x
x
x
Eddie
Boyken
01/01/22
--
--
--
--
--
x
x
x
x
x
Key:
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a member
i
CITY OE IOWA CITY
www.icgov.org
August 6, 2019
ATTACHMENTS:
Description
Senior Center Commission: May 16
Item Number: 4.j.
Approved Minutes
May 16, 2019
MINUTES
SENIOR CENTER COMMISSION
May 16, 2019
ROOM 205, IOWA CITY/JOHNSON COUNTY SENIOR CENTER
Members Present: Kenn Bowen, Lorraine Dorfman, Zach Goldsmith, Angela
McConville, Hiram Webber
Members Absent: Cheryll Clamon, Scott Finlayson
Staff Present: LaTasha DeLoach, Kristin Kromray
Others Present: None
CALL TO ORDER:
The meeting was called to order by Bowen at 4:00 PM.
RECOMMENDATIONS TO COUNCIL:
None.
APPROVAL OF MINUTES FROM THE APRIL 18. 2019 MEETING:
Motion: To accept the minutes from the April 18, 2019 meeting. Motion
carried on a vote of 5/0. Webber/Dorfman
PUBLIC DISCUSSION:
None.
COMMISSION ASSIGNMENTS:
Bowen and McConville are planning to go to the Board of Supervisors in July.
OPERATIONAL OVERVIEW:
DeLoach is drafting a memo to the City Council regarding the kitchen. A
community organization reached out to City Council about potentially being able
to use the kitchen. In the memo DeLoach will give the current status of the
kitchen, what tentative plans and timeline there is for the future of the kitchen,
and potential short and long-term solutions. The kitchen is currently utilized by
the Elder Services/Horizon's for the congregate meal program. They do not
prepare meals in the kitchen, but serve food and wash dishes from the space.
Several items would need to be updated and repaired for the kitchen to be
Approved Minutes
May 16, 2019
functional. There is CIP money currently earmarked in FY21 for a kitchen
remodel. Before this remodel can take place a comprehensive plan and design
with input from staff, members, and the community will need to occur. Goldsmith
asked if TIF funding is available to help renovate the space. The Commission
discussed various options for utilizing the kitchen.
DeLoach reported exterior building envelope repairs need to occur over the next
two or three fiscal years with an estimated cost of $120,000.
The Senior Center is partnering this summer with Horizon's to provide lunch
three days a week to children free of charge.
DeLoach reported staff is getting to the end of the policy reviews. There will be a
few more for the Commission to consider in the next packet.
Motion: To approve the Bed Bug Policy. Motion carried on a vote of 5/0.
Goldsmith/Dorfman
Motion: To approve the Facility Security Policy. Motion carried on a vote of
5/0. Goldsmith/McConville
Motion: To approve the Fees and Revenue Policy. Motion carried on a vote
of 510. Dorfman/Goldsmith.
Motion: To approve the Locker Rental Policy. Motion carried on a vote of
5/0. McConville/Dorfman
Motion: To approve the Low -Income Membership Program Policy. Motion
carried on a vote of 5/0. Webber/Dorfman
Dorfman asked if a person had a partial term if they could then be considered for
two additional terms. DeLoach replied that yes, a partial term is not counted
against the two -term limit policy.
Motion: To approve the Senior Center Commission Policy. Motion carried
on a vote of 5/0. Goldsmith/McConville
DeLoach reported the Senior Center currently has the highest paid membership
number at 1712.
COMMISSION DISCUSSION:
Bowen attended a City Council meeting and reported to them the success of the
recent Open House at the Senior Center.
The Commission will not hold a meeting in June.
2
Approved Minutes
May 16, 2019
Motion: To Adjourn. Motion carried on a vote of 5/0. Goldsmith/Dorfman
Approved Minutes
May 16, 2019
Senior Center Commission
Attendance Record
Name
Term Expires
6/21/18
7/19/18
8/16/18
9/20/18
10/18/18
11/15/18
12/13/18
1/24/18
2/21/19
3/21/19
4/25/19
5/16/1
Kenn Bowen
12/31/20
X
X
X
NM
X
X
NM
X
X
NM
X
X
Cheryll Clamon
12/31/18
O/E
X
X
NM
X
X
NM
O/E
X
NM
X
X
Lorraine Dorfinan
12/31/19
X
X
O/E
NM
X
X
NM
X
X
NM
O/E
X
Robert (Scott)
Finlayson
12/31/20
O/E
X
X
NM
X
O/E
NM
X
O/E
NM
X
O/E
Zach Goldsmith
12/31/21
--
--
--
--
X
X
NM
X
X
NM
X
X
Angela McConville
12/31/21
--
--
--
--
--
--
--
--
--
--
X
X
Kathy Mitchell
12/31/19
X
--
--
--
--
--
--
--
--
--
--
--
Margaret Reese
12/31/17
X
X
X
NM
X
X
NM
--
--
--
--
--
Hiram (Rick)
Webber
12/31/20
X
X
X
NM
X
X
NM
X
X
NM
X
X
Key: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
-- = Not a member
4
Item Number: 4.k.
i
CITY OE IOWA CITY
www.icgov.org
August 6, 2019
ATTACHMENTS:
Description
Telecommunications Commission: June 24
APPROVED
Iowa City Telecommunications Commission
0612412019 Meeting Minutes
Page 1 of 5
Minutes
Iowa City Telecommunications Commission
June 24, 2019 — 5:30 P.M.
City of Iowa City Cable TV Office, 10 S. Linn St. - Tower Place, Level 3A
Call to Order: Meeting called to order at 5:37 P.M.
Members Present: Matthew Brenton, Gina Reyes, Adam Stockman
Members Absent: James Pierce
Staff Present: Ty Coleman
Others Present:
Recommendations to Council: None
Approval of Minutes:
Stockman moved and Reyes seconded a motion to approve the June 24, 2019 minutes as
presented. The motion passed unanimously.
Announcements of Commissioners:
None.
Short Public Announcements:
None.
Post -franchise role of the Telecommunications Commission:
Brenton referred to the draft proposal included in the meeting packet and asked if anyone had
comments or questions. Brenton said the proposal is modeled after the Climate Action Advisory
Board's proposal that was also included in the packet.
Additionally, Brenton referred to the portion of the Iowa Code that identifies some restrictions
and requirements for municipal broadband. He said that with this and the fact that another
broadband provider is coming to Iowa City, it is possible that the City Council would not want to
pursue municipal broadband. He said it was interesting that the Iowa Code stated that this part
of the code does not apply to telecommunications services provided directly by a municipal
airport and wasn't sure whether providing services through our airport would provide any
opportunities to create a system with fewer restrictions.
Brenton said the proposal wraps up with a comment stating that the Commission does not see a
role for the current group other than being funneled into the proposed Municipal Broadband
Advisory Board. He said that he did not include in the proposal a statement that the Advisory
Board would be made up of the members of the Telecommunications Commission and said that
members of the Commission could apply for the Advisory Board if they wished to participate in
it. Brenton said the Municipal Broadband Advisory Board proposal calls for ten members,
APPROVED
Iowa City Telecommunications Commission
06/24/2019 Meeting Minutes
Page 2 of 5
including a chair and a secretary. He summarized that the makeup of the board would include
those with a background in information technology and networking as well as municipal
government. He said he pulled from the Climate Action Advisory Board proposal for other
suggested areas of expertise.
Brenton said he listed the duties according to what the Commission had discussed in past
meetings as well as based on what he felt the Board would be able to help with. Duties listed in
the proposal include gathering and presenting information about existing broadband
deployments and noting what has worked and what hasn't. He said the Board would help to
determine what existing infrastructure, if any, could be used for providing municipal broadband.
He said the last duty listed is to present a recommendation and assist with drafting a request for
proposal. Brenton noted that it is possible the recommendation would be to not pursue
municipal broadband.
Brenton listed elements of the mission of the proposed Municipal Broadband Advisory Board as
identifying pros and cons, outlining requirements, finance recommendations and cost
estimation, and achieving viewpoints that represent a diverse array of stakeholders.
Stockman said that he noticed the Climate Action Advisory Board listed attendance
expectations that required at least seventy-five percent attendance at monthly meetings and
noted that the Telecommunications Commission's proposal did not include information about
the frequency of meetings. Stockman said it would be beneficial to include attendance
expectations if the group would be meeting for one year, noting that frequently missed meetings
by a member could hinder the group. He said that, alternatively, those kinds of questions could
be addressed by the Board once it is established. Brenton agreed and said a bullet point could
be added that the Board would determine the frequency of the meetings.
Brenton said the Board proposal doesn't have to state who would identify who will serve on the
Board, but that it could include that the Telecommunications Commission would make the initial
determination, knowing that City Council could, instead, choose to determine the members
themselves. Stockman said it would be good if the Commission could take on the role of
choosing members for the Board through an application process.
Coleman said that it has been a challenge to keep the five spots within the Telecommunications
Commission filled, but that a group with a more specific role such as the one being proposed
would likely lead to greater interest by members of the community. Brenton said he knows
people who would be willing to serve on a municipal broadband board, but were not interested
in serving on the Telecommunications Commission. Reyes said that having a diverse list of
areas of representation, rather than a focus on technology -related interests or expertise, will
make it easier to find ten members.
Reyes suggested that adding something in the duties section of the proposal along the lines of
studying the current state of access to broadband across Iowa City. She said that it may help to
determine priorities for where municipal broadband should be rolled out first. Brenton
mentioned the local group that had visited the Commission in the past, informing them of their
efforts to create access to broadband using wireless mesh networking. The group had been
working with the school district in an attempt to distribute broadband to students in an area of
increased need using point to point wireless.
APPROVED
Iowa City Telecommunications Commission
06/24/2019 Meeting Minutes
Page 3 of 5
Brenton said that if it would be stated the Telecommunications Commission would determine
the members of the Municipal Broadband Advisory Board, then the final comments on the
proposal should be changed to reflect that the group would remain a Commission until the City
Council decides whether it agrees that an advisory board should be formed. At that time, either
the Commission would help with the selection process or it would disband. Brenton said that
while the Commission awaits a response from City Council, it would continue to meet, though it
would not have a lot to act on.
Coleman said he had inquired with Assistant City Manager Ashley Monroe about an estimated
timeline for the process of working with Council to accept or decline the proposal. Coleman said
Monroe indicated that once the Council has the proposal in its hands, it could be up to a few
months before the Commission would be able to meet with Council at a work session,
depending on the prioritization of all issues and discussions the Council is attending to.
Brenton wondered if there was a way to give Council a heads up that a proposal would be
coming soon. Coleman said that he could let the Assistant City Manager know, so that perhaps
she could update the Council on the group's progress. He said that since the Council receives
the Commission's meeting minutes, they likely have an awareness of what the group has been
discussing.
Coleman said that it could be possible for the group to agree on the minor changes and
additions that were being suggested, and approve the draft of the proposal as amended.
Stockman said that the suggested changes to the proposal were not extremely substantive, but
could be classified as friendly amendments. Stockman and Brenton said the group could review
the changes and vote right then and there.
Brenton stated the changes to the drafted proposal as follows:
1. Add to the second bullet point that the Board would determine the frequency of the
meetings.
2. Change the third bullet point to read "The Board shall consist of ten members appointed
by City Council or the Telecommunications Commission."
3. In the duties section, add "Conduct access assessment across community to help
prioritize planned roll-out."
4. Change final comments to say that the Telecommunications Commission would not
disband until Council makes its decision.
Stockman moved and Reyes seconded a motion to approve the proposal as amended. The
motion passed unanimously.
Brenton said he would finalize the changes in the proposal and send the document to Coleman
for the next step of getting it to Council.
Consumer Issues:
Brenton referred to the Cable Complaints reports in the meeting packet and asked if the
unresolved issue found in the April report involving an unburied cable had yet been resolved.
Coleman said that he had received more cable burial complaints than usual in recent months,
noting that the harsh winter and spring rain has likely created a backup. Coleman said the
APPROVED
Iowa City Telecommunications Commission
06124/2019 Meeting Minutes
Page 4 of 5
resident reported that a CenturyLink technician had come out and got her service working
again, but that on the same day, her neighbor had a cable replaced and was left with a cable
laying on her lawn. The resident said the cable was in a place that required her to move it while
mowing her own yard.
Brenton asked if there was an update on the unresolved issue listed within the May report.
Coleman said he heard back from Lee Grassley very soon after reaching out to him. He said
Grassley was somewhat surprised to hear from him, given that the issue involved a person and
business outside of Iowa City, but that Mediacom's records indicated technicians had measured
the speeds around 900mbps. Coleman said the customer said that it is possible to have
measured those speeds, but that once a device is connected to the network, the speeds drop
significantly. Coleman said that since the issue was connected to an account outside of the
Iowa City area, he informed the customer that he would need to step back from the issue and
leave it for the customer and Mediacom to discuss. Coleman said that he didn't intend to
overstep his bounds, but thought that if he could help someone to gain better insight into an
issue by sending a couple of emails, he was happy to try.
Mediacom Report:
Coleman said he did not receive any information from Mediacom.
Local Access Reports:
Coleman said he included a report from PATV intended for the May packet but did not receive
anything for the June packet. Brenton asked if PATV's director, Gerardo Sandoval, had said
anything about continuing to attend the Telecommunications Commission meetings. Coleman
said he would check in with Sandoval, but had the impression that he still had an interest in
attending.
City Cable TV Office Report:
Coleman referred to the reports the Cable TV Office had submitted in the meeting packet. He
noted that the City continues to produce its podcast, Iowa City Matters, and that the next
episode, featuring a discussion on bicycling in Iowa City, would be released soon. Coleman
said the following episode will focus on the Americans with Disabilities Act and the celebration
of its anniversary coming in late July. Coleman remarked that the podcast has allowed for
in-depth conversations on the topics presented.
Adjournment:
Stockman moved and Reyes seconded a motion to adjourn. The motion passed unanimously.
Adjournment was at 6:17 p.m.
APPROVED
Iowa City Telecommunications Commission
06124/2019 Meeting Minutes
Page 5 of 5
TELECOMMUNICATIONS COMMISSION
12 -MONTH ATTENDANCE RECORD
(x) = Present (o) = Absent (o/c) = Absent/Called (Excused)
Gowder
Bergus
Brenton
Johnk
Pierce
07/23/2018
vacant
vacant
Meeting not held due to
lack of quorum.
08/27/2018
vacant
vacant
Meeting not held due to
lack of quorum.
9/24/2018
x
vacant
x
vacant
x
Paterson
10/22/2018
x
o
x
vacant
x
11/26/2018
vacant
Meeting not held due to
lack of quorum.
12/17/2018
x
o
x
vacant
x
01/22/2019
vacant
Meeting not held due to
inclement weather and
lack of quorum.
resignation
Stockman
02/25/2019
x
vacant
x
x
o/c
Reyes
03/25/2019
resignation
o/c
x
x
x
04/22/2019
vacant
x
x
x
o/c
06/03/2019
vacant
Meeting not held due to
lack of quorum.
06/24/2019
vacant
x
x
x
o
(x) = Present (o) = Absent (o/c) = Absent/Called (Excused)