HomeMy WebLinkAbout2006-06-13 Bd Comm minutes
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MINUTES
PLANNING AND ZONING COMMISSION
EMMA J. HARVAT HALL CONFERENCE ROOM
APRIL 20, 2006
APPROVED
MEMBERS PRESENT: Terry Smith, Wally Plahutnik, Bob Brooks, Ann Freerks, Beth Koppes
MEMBERS ABSENT: Don Anciaux, Dean Shannon
STAFF PRESENT: Bob Miklo, Mitch Behr
OTHERS PRESENT: Don Hilsman, Richard Reiland, Stephen Merkel-Hess, Carrie A. Jones
RECOMMENDATIONS TO CITY COUNCIL:
Recommended approval, by a vote of 5-0 (Anciaux and Shannon absent), REZ05-00005, a rezoning of
11.36-acres generally located 300 feet east of S. Riverside Drive from 11 General Industrial to 12 Heavy
Industrial subject to a conditional zoning agreement specifying:
. compliance with an approved site plan
. improvements must be installed prior to the issuance of a building permit
Recommended approval, by a vote of 5-0. (Anciaux and Shannon absent) REZ06-00008, a rezoning of
publicly owned properties including Fire Station #4, Benton Hill Park, Hunter's Run Park, Whispering
Meadows Wetland Park, Longfellow Manor Outlot 1, East Hill Subdivision Outlot A, Court Hill Trail,
Sycamore Greenway, Glendale Park, Walden Wood Part 9 Outlot A, Windsor Ridge Park, Harlocke Hill
Park, portion of Grant Wood Elementary School property, a portion of Irving Weber Elementary School
property to P1, Neighborhood Public and the site of the new Iowa National Guard Armory to P2
Institutional Public Zone.
Recommended approval, by a vote of 4-0,(Anciaux & Shannon absent; Brooks recused} REZ06-00008,
a rezoning of land owned or controlled by the University of Iowa to P2 Institutional Public. Old Capital Mall
rezoned to P2ICB-10 zone to reflect the privately and publicly owned mixed tenancy.
CALL TO ORDER:
Brooks called the meeting to order at 7:33 pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
REZONING ITEMS:
REZ05-00005, discussion of an application submitted by Ace Auto Recyclers for a rezoning of
approximately 11.36-acres from General Industrial (1-1) zone to Heavy Industrial Zone (1-2) zone for
property located east of 2752 $. Riverside Drive.
Miklo said the proposed rezoning would allow the legitimization of the currently existing salvage yard that
is already on the property. Per the City's Zoning Ordinance, salvage yards are allowed in 1-2 zones by
special exception, with the conditions that it has to be surrounded by a solid fence, there has to be a fire
lane around the perimeter of the salvage materials and the salvage materials may not be stacked higher
than the fence.
The area began as a salvage yard in the mid 1970's based on a Conditional Zoning Agreement (CZA).
Over the years there have been ongoing issues regarding adherence to the CZA. In May 2005 the
applicant had approached the City regarding establishing a new office building and warehouse between
the exiting salvage yard and the highway. There were discussions that if the existing salvage yard was
brought into compliance the City would consider the possibility of adding warehouse/office space in the
general industrial zone which would need to comply with 1-1 zoning requirements. The proposed rezoning
contained an additional area for growth of the salvage yard which currently is approximately 10-acres.
Planning and Zoning Commission Minutes
April 20, 2006
Page 2
Miklo said since last year, the applicant had done a considerable amount of clean up on the property and
had submitted site plan which showed general compliance with zoning requirements. Some open details
still needed to be resolved on the site plan including driveway design which would require additional field
work to verify property lines, how the driveway would be paved and an acceptable intersection with the
Bekin's Storage property to the south. The site plan indicated the required fencing around the salvage
area, additional landscaping which Staff recommended as a condition of approval. Because the site plan
was still not fully in compliance, Staff recommended that if the rezoning were to be approved it be subject
to Staff signing off on the site plan prior to consideration by City Council. Staff also recommended that the
landscaping, fencing, etc be installed prior to issuance of the building permit for the new warehouse/office
space with the exception that the iandscaping right adjacent to the new building be reserved until
completion of the new building and then installed so it would not be damaged during construction. Miklo
said this item would aiso have to be reviewed by the Board of Adjustment; there would also be an
opportunity for neighboring property owners to comment as. well.
Freerks asked if Staff had had the opportunity to review the question raised at the informal meeting
regarding required DNR permits. Miklo apologized that Staff had not had the opportunity to do so, but the
applicant might be able to address Freerks' concern.
Public discussion was opened.
Don Hilsman, Ace Auto Recyclers, said they'd had a storm water permit through the State for years. For
the past several years they had been testing run-off water for the Iowa Waste Water Reduction program.
Public discussion was closed.
Motion: Smith made a motion to approve REZ05-00005, a rezoning of 11.3S-acres located east of S.
Riverside Drive from 11 General Industrial to 12 Heavy Industrial subject to a CZA requiring:
. compliance with an approved site plan
. improvements must be installed prior to the issuance of a building permit, with the exception that the
improvements that will be located adjacent to the proposed building.
Koppes seconded the motion.
Brooks said he felt Ace Auto Recyclers had come a long way in the past few months and had made a lot
of progress. What was being proposed would be a definite improvement for that area.
The motion passed on a vote of 5-0 (Anciaux and Shannon absent.)
REZOS-00008, discussion of an application submitted by the City of Iowa City to rezone publicly owned
properties including Fire Station #4, Benton Hill Park, Hunter's Run Park, Whispering Meadows Wetland
Park, Longfellow Manor Outlot 1, East Hill Subdivision Outlot A. the Court Hill Trail, Sycamore Greenway,
Glendale Park, Walden Wood Part 9 Outlot A, Windsor Ridge Park, Harlocke Hill Park, a portion of Grant
Wood Elementary School property, a portion of Irving Weber Elementary School property to P1,
Neighborhood Public and the site of the new Iowa National Guard Armory to P2 Institutional Public Zone
and a rezoning of land owned or controlled by the University of Iowa to P2 Institutional Public and
Old Capital Mall rezoned to P2ICB-10 zone to reflect the privately and publicly owned mixed tenancy.
Brooks said because he was employed by the University of Iowa and had been involved in the acquisition
and development of some of the University properties, Staff would give their presentation, then public
discussion and Commission vote would be broken into two parts. He would recuse himself from the
discussion/vote portion of the meeting regarding the University's properties.
Miklo said the Zoning Ordinance required that publicly owned land, land owned by the City, School
District, Federal Government or State be zoned 'P' Public. There were two categories of public zoning:
P1, Neighborhood Public, applied to the school district, the City, the County. There were certain
regulations, such as parking, set-backs and lighting standards, which would apply to those properties. A
Planning and Zoning Commission Minutes
April 20, 2006
Page 3
P1 zoning allowed the government entity which owned that property to use it for any1hing that was related
to that entity. Examples included the school district using a property for a bus barn, the City using
property for park land or public works facility.
P2, Institutional Public, was a more intense use and was reserved for the State and Federal government.
By Iowa law, the City had very limited ability to regulate those entities. The Zoning Ordinance included
some set-back and site development standards which the City hoped those entities would adhere to, but
there was some question regarding if the City could enforce them if challenged. The zone would allow the
entities to use them for a government purpose; the properties could also be leased for some other use
which would require an overlay zone. The Old Capital Mall had both private retail uses and University
functions. It would be rezoned from CB-10 to P2/CB-10.
Miklo said the City did not have a lot of choice in the matter; they were required to rezone publicly owned
properties to one of the two public zoning designations. However the rezoning would not change the use
of the properties. The rezoning would serve to notify neighboring property owners and future property
owners that there was publicly owned land in that area which would be subject to different zoning
requirements. Maps indicating the properties to be rezoned were shown, Miklo gave a brief description of
each property.
Freerks asked if there would be any difference in the way the properties zoned for park land were being
maintained. Miklo said this should have no effect, it was up to Parks & Recreation Department as to how
the properties were maintained.
Public discussion for all non-University properties was opened.
Richard Reiland, 2230 Palmer Circle, said he resided approximately 75-100 yards from the Grant Wood
School property. Recently the school had had a school expansion which had been very noisy. Currently
the property had a prairie reserve and a safety village on it which made for a very quiet area. He liked the
peace and quite. Reiland said with the rezoning he feared that he would lose his peace and quiet. He
wanted to put on record his opposition to any more construction in that area or noise, he wanted to enjoy
his premises and the quiet he currently had.
Steve Merkel-Hess 2609 Friendship Street, said he was speaking on behalf of the property owners whose
backyards abutted the Court Hill Trail property. They wanted to know the long term plan for what was
going to happen to the public property. A bridge had been built at Meadow Street with a wide enough
space for the trail to follow along the creek. Was a playground going to be built, what type of equipment
installed?
Brooks said decisions relating to how the land would be developed and managed was not under the
Commission's preview, it would be up to the Parks & Recreation Commission. The property owner's
concerns / interests should be expressed to Parks & Recreation. The Planning and Zoning Commission
was taking care of a housekeeping item by correctly rezoning City purchased or acquired land.
Miklo said the long term plan was to build a trail along the creek but the specifics had not been worked
out yet. He encouraged Merkel-Hess to contact Terry Trueblood, Parks & Recreation Director; Parks &
Recreation tried to work very closely with adjacent neighborhoods when planning specific improvements.
Merkel-Hess said there was access from the east side but not from the west side, it was HyVee property.
Miklo said he was aware that the City had had some discussion with HyVee regarding incorporating the
trail into their property.
Brooks said he thought Parks & Recreation was in the process of a Master Plan revision, input from
Merkel Hess and other adjacent property owners would be appropriate at this time.
Merkel-Hess said it had been City property for quite some time but the adjacent property owners mowed,
gardened and cared for the City's property. Did public property ever revert to private ownership by the
persons who maintained it, could part of it be purchased? There was enough public space that even if
private citizens purchased an additional 50-feet there would still be room enough for a trail.
Planning and Zoning Commission Minutes
April 20, 2006
Page 4
Behr said it didn't happen informally, Persons could initiate a request to purchase public property adjacent
to their private property. He thought the City would need to have the trail plan designed and installed in
order to know if there would be excess land. Parks and Recreation would be the staff department to
initially contact, they would give their recommendation to the City Council regarding the sale of the land.
It would be sold at fair market value.
Public discussion was closed.
Motion: Smith made a motion to approve REZ06-00008, rezoning of publicly owned properties including
Fire Station #4, Benton Hill Park, Hunter's Run Park, Whispering Meadows Wetland Park, Longfellow
Manor Outlot 1, East Hill Subdivision Outlot A, the Court Hill Trail, Sycamore Greenway, Glendale Park,
Walden Wood Part 9 Outlot A, Windsor Ridge Park, Harlocke Hill Park, a portion of Grant Wood
Elementary School property, a portion of Irving Weber Elementary School property to P1, Neighborhood
Public and the site of the new Iowa National Guard Armory to P2 Institutional Public Zone. Plahutnik
seconded the motion.
The motion passed on vote of 5-0 (Anciaux and Shannon absent).
Freerks said if persons had concerns, she encouraged them to contact the appropriate City department.
Brooks recused himself and left the room.
Public discussion on University of Iowa owned or controlled properties was opened.
Carrie A. Jones, 6 Oak Park Court, said the property next to Myrtle Avenue had been sold to the UI
several years ago. Initially it had been a rental property through a local leasing company. A burglary had
occurred in the neighborhood and it was found that the perpetrator was an occupant of this property. The
neighbors had contacted the UI and the UI had removed all the renters. The UI had agreed to rent only to
faculty or guest faculty. All dwellings on the street were zoned single-family, however changing this
property to P2 zoning would limit the City's jurisdiction over how the property would be used. Jones said
her concern as a single homeowner was what level of jurisdiction would the City have?
Miklo and Behr said regardless of the zoning, if a property were owned by the UI or the State of Iowa the
City would have very little jurisdiction. State law limited the ability of cities to regulate University property.
The rezoning would not decrease the City's authority to enforce zoning on a property, the rezoning would
put the neighbors, the UI and the State on notice of what regulations the City proposed to enforce as
stipulated in the City's Zoning Code. A copy of the City's Zoning Code was available on line.
Jones said it was a private street with no parking signs along the street, would that also be enforced?
Behr said he was not familiar with the parking standards for private streets.
Jones said the property was set fairly far back and was near a steep ravine. If the UI wanted to build a
high rise complex they would not have to present their site plan to the Commission. Behr said it would be
on a case-by-case basis, until a specific plan had been submitted the City would not know the extent of its
ability to regulate.
Jones asked if the UI was required to notify the immediate property owners if they intended to make a
building structure or property change. Behr said not necessarily. Smith said the issue before the
Commission and the rezoning would not change the status of the UI's notification responsibilities as they
existed today. They would remain the same with a P2 public zoning. Her concerns were probably
legitimate but were not germane to the rezoning issue.
Behr said the City Attorney's office had issued a written opinion on the City's ability to enforce zoning
regulations on the University. He would send Jones' a copy.
Freerks suggested Jones contact UI Facilities Services Group to review the most recently updated master
plan.
Jones asked hypothetically if the Ullet the property become unkempt and overgrown, then she would not
have the ability to speak before the Commission again, she would solely have to interact with the UI. Behr
Planning and Zoning Commission Minutes
April 20, 2006
Page 5
said Housing & Inspection dealt with the University, perhaps on a non-formal level but they would. Miklo
said another option would be to contact the Board of Regents or her elected State officials.
Public discussion was closed.
Motion: Plahutnik made a motion to approve the rezoning of properties owned or controlled by the
University of Iowa as listed on Staffs Report dated 4/20/06 to P2 Institutional Public and Old Capital Mall
to P2/CB-10 zone to reflect the privately/publicly owned mixed tenancy. Koppes seconded the motion.
The motion passed on a vote of 4-0-1 (Anciaux & Shannon absent; Brooks recused).
DEVELOPMENT ITEM:
SUB06-00003, discussion of an application submitted by Dav-Ed Limited for a preliminary plat of Galway
Hills Parts 10 & 11, a 56-lot, 21.75-acre residential subdivision located at Dublin and Shannon Drives.
Motion: Koppes made a motion to defer SUB06-00003 to May 4, 2006; deferrai requested by the
applicant. Freerks seconded.
The motion passed on a vote of 5-0 (Anciaux & Shannon absent).
CONSIDERATION OF 4/6/06 MEETING MINUTES:
Motion: Smith made a motion to approve the minutes as typed and corrected. Freerks seconded.
The motion passed on a vote of 5-0 (Anciaux & Shannon absent).
OTHER ITEMS:
The Commission recognized Don Anciaux for his years of service on the Planning and Zoning
Commission as well as his leadership during his tenure as Chairperson of the Commission. Special
mention was also made of Don's long-term involvement in the area of community service and the many
projects/ committees that he has been on or is currently involved with.
ADJOURNMENT:
Motion: Freerks made a motion to adjourn the meeting at 8:16 pm. Koppes seconded.
The motion carried on a vote of 5-0.
Elizabeth Koppes, Secretary
Minutes submitted by Candy Barnhill
s:/pcdlminutesfp&z1200614-20-06.doc
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MINUTES FINALC:Cb "2
IOWA CITY TELECOMMUNICATIONS COMMISSION
MONDAY, APRIL 24, 2006--5 :30 P.M.
CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY
MEMBERS PRESENT:
Gary Hagen, Saul Mekies, Michael Christians, John Weatherson, James
Ehnnann
MEMBERS ABSENT:
STAFF PRESENT:
Drew Shaffer, Mike Brau, Bob Hardy, Dale Helling
OTHERS PRESENT:
Josh Goding, Beth Fisher, Susan Rogusky, Lee Grassley
RECOMMENDATIONS TO CITY COUNCIL
None at this time.
SUMMARY OF DISCUSSION
Grassley reported that the tornado causedl4 nodes to go down during the tornado, effecting about
3000-4000 subscribers. By the end of the next day only 2 nodes were down. Those two nodes could
not be repaired because there were no poles upon which to attach cable. By Monday all nodes were
operational. Goding reported that PATV was able to be live during the tornado and stayed on the air
until 2 a.m. providing information to the public on the availability of shelters and where the damage
was. PATV happened to have interns available and they were taping the damage to downtown. Fisher
reported that many of the Irving Weber events will be cablecast by the library. Hardy reported that the
Community Television Service has been very busy and there have been a large number of requests for
productions. The Video Voter Project and the campaign season will be one ofthe major focuses of the
Media Unit over the coming months. Hardy reported that the CTG met and decided that in regards to
monthly programming reports provided to the Commission that each member will review their
missions and goals to develop a report that would best reflect how they are meeting their mission. It
was agreed that quarterly written reports are preferable. However, monthly verbal reports are still
expected. In regard to the pass-through fee allocation of funds, the CTG discussed developing a
proposal that would permit spending the funds on programming projects rather than being limited to
equipment. Shaffer said that a couple years ago the City Channel initiated the Video Voter Project in
which candidates for all levels of office are offered an opportunity to tape a statement of up to eight
minutes and have those statements cablecast locally as well as across the state through Mediacom's
cooperation. The City Channel will be taping all candidates running for primary elections, except
those who are unopposed. These will be cablecast on City Channel 4. In addition, City Channel 4 will
be making them available on the Cable Division's website in the weeks before the election. Shaffer
reported that the state franchising legislation is unlikely to pass, but it is still possible it could be voted
on at the last minute. The federal legislation, known as the Cope bill, will be marked up in the House
Commerce Committee tomorrow. This bill and similar bills in the Senate would undercut
municipalities' ability to regulate cable TV services. Shaffer reported that he held a discussion with the
person responsible for Marshalltown's WiFi system. Mediacom took over the operations of their
system. The bottom tier service is free for subscribers that have at least the expanded basic service
tier, but is slower than the next tier, which costs $20 per month. Marshalltown officials are pleased
with Mediacom's handling ofthis matter.
APPROVAL OF MINUTES
Hagen moved and Weatherson seconded a motion to approve the March 27, 2005 minutes. The
minutes were approved unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
Hagen said that PATV did a great community service during the tornado. Christians announced that
he will be moving to Des Moines in July and will be resigning from the Commission following the
June meeting.
SHORT PUBLIC ANNOUNCEMENTS
None.
CONSUMER ISSUES
Shaffer referred to the complaint report in the meeting packet and said that all complaints had been
resolved. There were a total of 5 complaints. All but one has been resolved. This complaint pertained
to supplying cable to a new development area in town. Grassley of Mediacom said building this area
is to start next week.
MEDIACOM REPORT
Grassley reported that the tornado causedl4 nodes to go down during the tornado, effecting about
7000-8000 subscribers. By the end of the next day only 2 nodes were down. Those two nodes could
not be repaired because there were no poles upon which to attach cable. By Monday all nodes were
operational. Charlie King, Senior Regional Vice-President has retired. Ed Pardini has been hired to
replace him. During the period before Pardini started work there was a gap in time in which orders
approving build-out to newly constructed areas did not get signed in a timely manner. The process has
been corrected. The area referred to in the letter from John Moreland included in the meeting packet
will have service in 48 hours. Randy Brown has contacted Moreland regarding the matter. Grassley
reported that the state franchising legislation is very unlikely to reach the Senate floor. There appears
to not be enough votes for it to pass. The Barton bill at the federal level will undergo a House
Commerce Committee markup on Wed., April 26. Mekies asked if Mediacom has taken any steps
towards a la carte offerings or a family-friendly tier. Grassley said that unless Congress acts and
addresses programmers bundling demands that Mediacom will be unable to offer channels on an
individual basis.
UNIVERSITY OF lOW A REPORT
No representative was present.
PATV REPORT
Goding distributed statistics on their operations that will be included in their annual report. P A TV was
able to be live during the tornado and stayed on the air until 2 a.m. providing information to the public
on the availability of shelters and where the damage was. P A TV happened to have interns available
and they taped the damage downtown. The Bradman show was scheduled during the tornado and Brad
Laborman stayed on the air throughout the night. The Press Citizen ran an article about PATV during
the tornado and City Councilors commented at their next meeting that P A TV had performed a great
public service. The article in the Press Citizen was sent to the Alliance for Community Media and
local elected officials. The PATV Board will meet May 18 at 7 p.m. at PATV's facility. The next
Open Channel program will be Wed., April 26 at 8 p.m. Mekies asked if the City had considered
installing a web cam to stream video similar to the local broadcast channel's "weather cams"? Shaffer
said that the City Council discussed it in the past and decided not to pursue the idea because some
people may not want to be identified or feel that they are being watched. Mekies said it could be good
publicity for the town, especially for people who have lived in Iowa City and now live elsewhere.
SENIOR CENTER REPORT
Rogusky reported that SCTV recently held a launch party for the new SCTV online service that
webcasts SCTV programming in conjunction with the University of Iowa Intermedia Department. A
concert given by Shimek School 4th and 5th grade students at the Senior Center was taped but lacks
permission from one parent for cablecast.
IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT
No representative was present.
LEGAL REPORT
No representative was present.
LIBRARY REPORT
Fisher reported that Irving Weber Days have been moved up a month to May. Many of the Irving
Weber events will be cablecast by the library including a lecture entitled "Weber History Lecture: The
Power of Place: New Dimensions in Local History," presented by Thomas Dean of the Iowa Project on
Place Studies and a lecture by Joni Kinsey, Associate Professor, Art and Art History "Grant Wood at
the University of Iowa ". The People's Law School Series will resume and be carried live. The
League of Women Voter will sponsor two candidate's forums, one for the county Attorney on May 22
and the Board of Supervisors on May 23. Both events will be shot by the Community Television
Service and carried live on the Library Channel.
KIRKWOOD REPORT
Hagen noted that Kirkwood returned the access channel questionnaire the ICTC sent them. Kirkwood
indicated that they were unaware of the Commission. Mekies said that the new contact person was out
oftown but does plan on attending.Commission meetings in the future.
CITY MEDIA UNIT REPORT
Hardy reported that the City Cable TV Division received no damage during the tornado. The
Community Television Service has been very busy and there have been a large number of requests for
productions. The Media Unit will help meet that demand. The CTS taped 6 programs last week and
has 4 scheduled for next week. Time between shooting and cablecast will be a bit longer due to the
large number of productions. The Video Voter Project and the campaign season will be one of the
major focuses of the Media Unit over the coming months.
COMMUNITY TELEVISION GROUP PROPOSAL
Hardy reported that the CTG met and decided that in regards to monthly programming reports
provided to the Commission that each member will review their missions and goals to develop a report
that would best reflect how they are meeting their mission. It was agreed that quarterly reports are
preferable. However, monthly verbal reports are still expected. In regard to the pass-through fee
allocation of funds, the CTG discussed developing a proposal that would permit spending the funds on
programming projects rather than being limited to equipment. For example, funds might be granted to
community producers using PATV as a funding agent and the CTG members serving as a review
committee. The CTG will develop written proposals for programming reports and pass-through
funding and present them at the next Commission meeting. Mekies said that a written quarterly report
is fine with him. Short oral reports at Commission meetings would be beneficial and having a
representative present permits Commissioners to ask questions.
CABLE TV ADMINISTRATOR REPORT
Shaffer reported that the current Avatar Project program is on the Arts. The following programs will
be on senior citizens in May, Community Reading Month in June, and the Neighborhood Associations
in July. PATV's contract was approved by the City Council.
P A TV CONTRACT
Shaffer reported that the PATV contract was approved by the City Council and will be for three years.
Shaffer emphasized the tremendous public service PATV provided during the storm.
ACCESS CHANNEL OUESTIONAIRE
Shaffer said that due to time constraints the synopsis of the questionnaires is not yet complete. Mekies
said that the central issues addressed by the questionnaires are how the channels are serving their
constituencies, are they doing the job they intend, how are the channels measuring their success, and
how do they know ifthey are reaching their constituencies. Hagen said the questionnaires should be
thought of as a work in progress. Mekies said one goal of the questionnaires is to determine how the
Commission can assist the channels meet their goals. Weatherson said it was interesting that
Kirkwood reported that the old movies are reported to be popular with older viewers and that it appears
that while popular, they may not be meeting Kirkwood's educational mission.
VIDEO VOTER PROJECT
Shaffer said that a couple years ago the City Channel initiated the Video Voter Project in which
candidates for all levels of office are offered an opportunity to tape a statement of up to eight minutes
and have those statements cablecast locally as well as across the state with the cooperation of
Mediacom. The City Channel will be taping all candidates running for primary elections, except those
who are unopposed. These will be cablecast on City Channel 4. In addition, City Channel 4 will be
making them available on the Cable Division's website in the weeks before the election.
LEGISLA TION UPDATE
Shaffer report that the state franchising legislation is unlikely to pass but it is still possible it could be
voted on at the last minute. The federal legislation, known as the Cope bill will be marked up in the
House Commerce Committee tomorrow. This bill and similar bills in the Senate would undercut
municipalities' ability to regulate cable TV services. The City Cable TV Office continues to contact
legislators about these bills.
WIFI
Shaffer reported that he held a discussion with the person responsible for Marshalltown's WiFi system,
City Manager Dick Herstein. Mediacom took over the operations of the system. The bottom tier
service is free to those who subscribe to the expanded basic service tier, but is slower than the next tier
ofWiFi service, which costs $20 per month. Marshalltown officials said they are pleased with
Mediacom's operations. Most cities have approach wi-fi by issuing Request for Proposals (RFPs) to
private companies. San Francisco is considering a system that is free but is paid for by ads and tracks
subscribers by placing cookies on their computers. Mekies said that the highly publicized system in
Philadelphia in actuality is not very extensive. In fact, Iowa City may be ahead of them. Grassley said
the Marshalltown system offers free service at 56k to subscribers to the family package of cable TV
service. The next tier offers 256k download speed for $20 a month. The city of Marshall town made a
$35,000 investment in the system prior to Mediacom taking over the maintenance and operations
aspects.
ADJOURNMENT
Ehrmann moved and Hagen seconded a motion to adjourn. The motion passed unanimously.
Adjournment was at 6:29 p.m.
Respectfully submitted,
Drew Shaffer
Cable TV Administrator
TELECOMMUNICATIONS COMMISSION
12 MONTH ATTENDANCE RECORD
01/01/03 to CURRENT
Meeting Kimberly Saul Meikes Brett Castillo Terrv Smith Jim Pusack
Date Thrower
6/2/03 x x x x x
7/28/03 x x x x x
8/25/03 x x x x o/c
9/22/03 x x x x o/c
10/27/03 x x x x o/c
11/24/03 x x o/c x x
12/15/03 o/c o/c x x x
1 /2/04 x o/c x x x
1/26/04 x x x x x
2/23/04 x o/c x o/c x
3/22/04 x x x x x
4/ 26/04 x x x x ole
5/24/04 x x O/C x x
6/28/04 x x x o/c x
7/26/04 o/c x x x x
8/26/04 did not meet did not meet did not meet did not meet did not meet
9/27/04 X X X X X
10/25/04 X X
11/04 Did not meet Did not meet Did not meet Did not Did not meet
meet
X X X X X
12/20/04
1/24/05 X X X X X
2/28/05 X X X X
Garv HaQ:en
3/8/05 X X X X X
3/25/05 X 0 X X X
4/25/05 x o/c X X X
5/23/05 X 0 x vacancv X
James X ~ Bebe x
Ehrmann Balantvne
6/27/05 X x X. X X
X Michael
Chritians
7/25/05 0 X X X X
9/26/05 0 X X 0 X
10/31/05 X X o/c X X
11/28/05 X X X X X
1/23/06 o/c X X 0 X
2.27/06 X X X 0 X
3/27/06 o/c X X John X
Weaterson
X
14/24/06
5/22/06
x
Q
X
K
X
x/o
(X) = Present
(0) = Absent
(O/C) = Absent/Called (Excused)
X
K
I;
~
MINUTES
City of Iowa City Civil Service Commission
May 26,2006 - 8:15AM
Lobby Conference Room - City Hall
FINAL
Call to Order:
Meeting called to order at 8: 17 AM.
Members Present:
Lyra Dickerson, William Cook, Dorothy Maher
Members Absent:
None
Staff Present:
Sylvia Mejia, Karen Jennings, Fire Chief Andy Rocca, Dale
Helling, Sarah Holecek
Others Present:
None
Recommendations to Council (become effective only after separate Council action): None
Approval of Minutes/Consent Calendar:
The first item of business was setting a date for the Roger Knight appeal hearing. Cook
moved that the hearing be scheduled for June 7, 2006 at 9:00AM with the location to be
determined by staff. Maher seconded and all were in favor. Mejia noted that witness
lists would be provided to Commissioners prior to the hearing and Dickerson noted that
she would be available to sign subpoenas if necessary. Holecek informed the
Commission that Knight has requested a stay of the revocation of his license from the
court. Should the stay be granted prior to June 7, 2006 Knight's attorney may request a
postponement of the appeal hearing or Knight's reinstatement. Rocca noted that a
conditional offer of employment has been extended to a candidate for the vacant position.
There was no old business.
In new business, Mejia informed the Commission that they would be receiving a
recommendation for entry-level Firefighter testing in the near future.
Cook moved to adjourn, Maher seconded and meeting was adjourned at 8:27AM.
r::r
MINUTES
Youth Advisory Commission
April 13. 2006 - 6:30 P.M.
City Attorney Conference Room, City Hall
APPROVED
Call to Order: Meeting called to order at 6:30 P.M.
Members Present: Abboud Kamps, Bleam. Subramanian, Stubbers. Nelson,
Keranen. Ziegenhorn
Members Absent: None
Others Present: City Council Liaison Correia;
UISG Student Council Rep. Schreiber
Staff: City Clerk Karr. and Temporary Staff Joelle Osterhaus (Intern)
Recommendations to Council (effective only after seoarate Council action)
Approve the by-laws as presented.
Aooroyal of Minutes
Moved by Bleam, seconded by Subramanian, to approve the minutes. Motion carried
unanimously. 7/0, all present.
By-Laws Subcommittee Reoort
Commissioner Bleam distributed the by-laws per previous discussion and stated they
were ready for final consideration. After discussion Commissioners agreed to:
a. Change a portion of the purpose to be more about what the commissioners want
and less from the resolutions wording by using "the Iowa City Youth Advisory
Commission will engage.... ".
b. Add wording to include the exception of the first year as a segue way to
acknowledge the staggered terms that were different than future terms; include
age requirement explanation "all ages will be calculated on the date of filing of
application" .
c. Article IV. section B. retain "...four members present at one time shall constitute
a quorum." and remove the word .that' and the rest of the sentence after quorum.
d. Article V. section A. "after the first of each year" should be replaced with the "first
of the calendar year".
e. article VIII, section A, agreed to add language that resignations be in writing;
amend section B to clarify notices of absences should be directed to the City
Clerk and any prior notice will be accepted as excused.
f. Article XX, Section B, amend to read "Proposed amendments must be submitted
to the Commission in writing, with discussion and possible decision and action to
be scheduled at the following meeting."
g. article IX (9) was shown as XI (11) and should be corrected to "IX"
Moved by Bleam, seconded by Stubbers, to approve the by-laws. Motion carried
unanimously, 7/0, all present.
Youth Advisory Commission
April 13, 2006
Page 2
City Clerk Karr reviewed the procedure for adoption by the City Council. Elections of
permanent officers will take place after Council approval of the by-laws.
Schedulina introductions with Citv Council
Proclamation
City Clerk Karr noted that the proclamation would be on the agenda for next Tuesday
night's formal council meeting, and was early on the agenda. She reminded that Council
would be available for a brief reception prior to the 7:00 meeting.
Remarks
Liaison Correia and City Clerk Karr discussed options for the Commission accepting the
proclamation. It was suggested members introduce themselves and an interest or goal
that was personal or commission based. Liaison Correia suggested the Commission
project a mission and a face. Subramanian suggested that one person accept the
proclamation and another person thank the commission, and suggested they read both
parts of article two of the proposed by-laws. It was agreed that Abboud Kamps would
read one paragraph of the purpose statement and Subramanian the second. Liaison
Correia suggested they include when their first meeting was and the number of meetings
they have held. Ziegenhorn noted she desired their personal comment section to be
professional. Commissioners agreed to do major or activities most involved in. Majority
agreed to rehearse later in the meeting.
Discussion of five top themes/proiects
Keranen began the discussion by sharing her ideas: repaving worn out streets and park
paths, no-dumping labels checked and all over town, cell-phone recycling program,
honor arbor day city-wide, lower voting age for school board elections, recycling
receptacles at sporting venues (at UI and in IC).
Subramanian shared her idea about increasing communication with UAY, lower the
voting age for school board elections, teen coffee shops, other options beyond Night
Storm, educating the public about the environment and homelessness.
Nelson noted his were in the minutes of last meeting.
Stubbers noted she was still interested in river clean-up and perhaps connecting it to the
other environmental ideas as an environmental initiative, get involved with other youth
programs.
Ziegenhorn suggested her ideas of a teen center beyond UA Y, a job/volunteer fair for 18
and under, website with on-line issue voting to spread awareness, spread awareness of
the commission, and all of Keranen's stuff.
Abboud Kamps talked to some State Representatives and asked them about what they
thought the commission needed the most and they said bike paths were not doing well in
the area, volunteering in the area with a t-shirt to get our name out there, volunteering at
the shelter house, having a teen art gallery (perhaps in the teen cafe).
Youth Advisory Commission
April 13, 2006
Page 3
Keranen offered another idea that under-privileged children and sports assistance to
help with equipment, traveling and fees in clubs and groups that already existed.
Ziegenhorn stated that they did it through scholarships already. Bleam suggested that
they seek help from the council as they don't have a budget at this time. Nelson noted
that mini-grants were on his list of priorities.
Liaison Correia suggested that these ideas be taken into the community to research
what is already being done as there some already related to this scholarship idea. The
Commission could then find out about those initiatives and see what more can be done
and getting in touch with those things and encouraged commissioners to see their roles
as something beyond their meetings.
Stubbers asked if the goals noted were long or short-term. Keranen agreed they needed
to be separated into short and long term items. Discussion amongst commissioners
determined that the short list would include raising awareness with the website and t-
shirts. Also, outreach would be done through letters to contacts. Commissioners
discussed doing resource mapping (cultural, recreational) as a sort of community
assessment and would bring together at next meeting for compilation. The job fair was
also added to this list.
City Clerk Karr suggested they use subcommittees for these things and the
subcommittees could meet with important contacts in each area and bring back
information to the group.
Stubbers asked if it was alright to create subcommittees without by-laws in place and
Clerk Karr said it was alright as long as the subcommittees were less than 4 people
(quorum).
Subramanian suggested an annual youth fair with resources and activities, etc. where
presented as there was only one for college age. Keranen asked what defined youth?
After discussion it was determined, through Liaison Correia's suggestion, that 6th grade
and up would be seen as youth because they were recognized by the City Council as
Youth Leaders and they could then tap into them later. Subramanian agreed. Student
Liaison Schreiber shared an example of youth coming together from his experience
Long term goals were determined through discussion to include environmental initiative
with one project at a time under that sub-heading. City Clerk Karr suggested that they
contact the City Forester about this for more information, amongst other city resources
and officials. Stubbers suggested that they wait for the subcommittees to be formed
before tapping into those people and Bleam suggested they devote time during the next
meeting to form those subcommittees. Other long-term goals included having a mini-
grant program, a youth center (with a cafe, art gallery, and night club), community
outreach (educational programs for the public), and to lower the school board voting age
requirements.
Commissioners agreed to bring a list of youth programs and resources to the next time.
Stubbers suggested they also brainstorm about a letter of introduction to those groups,
and Bleam agreed. Keranen and Stubbers suggested ideas for the website like links and
Youth Advisory Commission
April 13, 2006
Page 4
colors. City Clerk Karr urged discussion after getting input. Bleam moved to table that
item until much later.
Commissioner Stubbers suggested that they bring subcommittee preferences to the next
meeting.
Liaison Correia stated that it would be a good idea to go back and make sure that their
goals and projects connected with their mission and that their roles did not end at the
meeting but extended into the community as well where they are to be listening to the
youth in the community.
. At this time, a tornado warning was announced in the building and the commission
went to the designated tornado-safe area for shelter and the meeting never
reconvened. .
Prepared by Osterhaus and Karr
Youth Advisory Commission
April 13, 2006
Page 5
Youth Advisory Commission
ATTENDANCE RECORD
YEAR 2006
(Meetinl! Date)
TERM 3/23 3/30 4/13
NAME EXP.
Audrey 12/31/07 X X X
Keranen
Sarah 12/31/07 X X X
Ziel!enhorn
Subha 12/31/06 X X X
Subramanian
Elyse 12/31/06 OlE X X
Abboud
KamDs
Maison 12/31/07 X X X
Bleam
Jacqueline 12/31/07 X X X
Stubbers
Michael 12/31/06 X X X
Nelson
KEY:
X = Present
o = Absent
OlE = AbsentlExcused
NM = No meeting
--- = Not a Member
The Iowa Citv Youth Advisory Commission
By-Laws
Article I - Name
The official name of the organization shall be The Iowa City Youth Advisory
Commission.
Article II - Purpose
. The mission of the Youth Advisory Commission is to promote
understanding and awareness of Iowa City among Iowa City youth, allow
a select group of youth to help make decisions concerning them and their
peers, enable youth members to utilize and expand on their leadership
abilities, to serve as a mechanism for communication between youth and
adults in Iowa City and create a bridge whereon youth and adults can
develOp partnerships.
. The Iowa City Youth Advisory Commission will empower, engage, and
foster Youth participation in its local community; more specifically to
provide a "sounding board" for youth issues affecting the Iowa City
community youth.
Article III - Membership
Shall consist of seven [7] members appointed by the City Council. Members shall
be initially appointed for staggered terms as outlined in Res. # 05-371.
Thereafter, members shall be appointed for two year terms and seats shall be
filled accordingly to the requirements, as set below:
. Four [4] persons ages fifteen-seventeen [15-17]
. Three [3] persons ages eighteen-twenty-one [18-21]
All ages shall be calculated on the date of the filing of applications, and all
members shall be residents of Iowa City.
Article IV - Meetings
Section A:
Shall be run in accordance will the most current edition of
Roberts Rules of Order.
Section B:
Quorum must be attained before business can transpire;
thus, four [4] commissioner present at one time shall
constitute a quorum.
Youth Advisory Commission
By-Laws
Page 2
Section C: Notice of official Commission meetings needs to be in
accordance with Iowa Open Meetings Laws.
Section D: The date/location/time of meetings shall be set by the
Chairperson of the Commission [subject to approval by the
Commission members] in conjunction with the City Clerk.
Section E: Special meetings may be called by the Chairperson, or by a
consensus of two [2] of the sitting membership of
the Commission.
Section F: Meeting shall be held, monthly, but not limited to.
Article V - Elections
Section A:
Elections of new officers to a term will occur at the first meeting of
the Commission after the first of each calendar year.
Section B:
Officers will be elected by a majority vote of the
commission.
Section C:
Terms of all officer positions shall be for one [1] year,
but all persons are eligible for re-elections.
Article VI - Officers
Officers of the Commission shall consist of, but not limited to, Chair, Vice-Chair,
and Secretary.
Article VII - Duties
Section A: The Chair shall preside and convene regularly scheduled
Commissions meetings; Shall direct the business of the
Commission; Shall work in conjunction with the City Council
liaison and City Clerk to facilitate all work of the Commission in
accordance with the City of Iowa City Ordinances and State Laws;
Shall appoint all committees, and appoint other posts within the
Commission, except those already mandated, with subject to
approval by the commission.
Section B: The Vice-Chair shall chair all committees on special subjects,
except as designated by the Chair; shall assist the Chair in all
work of the Commission; shall oversee all work of the
Commission; provide ideas, and projects, for the Commission to
undertake; shall preside in the absence of the chair.
Section C: The Secretary shall be responsible preparing the minutes and
forwarding them to the City Clerk for distribution; shall assist the
Youth Advisory Commission
By-Laws
Page 3
Chair and Vice-Chair in their activities; shall work hand-in-hand
with the City Clerk.
Article VIII - Vacancies, Resignations, Dismissal
Section A: Resignations shall be submitted to the City Clerk in
writing.
Section B: Prior notice of absences to the City Clerk shall be sufficient for an
excused absence.
Sections C: Two-thirds [2/3] of the Commission may recommend dismissal
to the City Council.
Article IX - Committees
The commission may create various committees as needed. The Chair shall
appoint all committee members, subject to approval by the rest of the
commission. No more than three [3] Commission members may serve at once
on a committee.
Article X - Amendments
Section A:
These by-laws may be amended when necessary by two-thirds
[2/3] majority of the Commission membership.
Section B:
Proposed amendments must be submitted to the Commission in
writing, with possible decision and action to be scheduled
for the following meeting.
Section C:
All changes are subject to approval by the Iowa City
Council.
-------------------------------------------------------------------
-------------------------------------------------------------------
These By-Laws of the Iowa City Youth Advisor Commission were approved at the
meeting of the Commission on April 13, 2006.
Temporary Chair:
City Clerk:
City Council Liaison:
-------------------------------------------------------------------
-------------------------------------------------------------------
rnr
MINUTES
Youth Advisory Commission
April 20, 2006 - 7:00 P.M.
City Attorney Conference Room, City Hall
FINAL
Call to Order: Meeting called to order at 7:00 P.M.
Members Present: Abboud Kamps, Subramanian, Stubbers, Nelson, Keranen,
Members Absent (Excused): Bleam, Ziegenhorn
Others Absent:
City Council Liaison Correia;
UISG Student Council Rep. Schreiber
Staff:
City Clerk Karr
Recommendations to Council (effective onlv after separate Council action)
None
Approval of Minutes
None
Set Next Meetina
Subramanian stated she was heading into a very busy time with work and AP exams
and suggested cutting back on the May meetings. She indicated she would be able to
meet twice after AP exams scheduled through May 18. City Clerk Karr reported most
City Boards and Commission meet monthly, and noted that this Commission had been
meeting more frequently. Nelson stated University exams were May 8 through 12, and
Stubbers agreed that would be a no meeting time for her as well. Keranen suggested
blocking off the first three weeks in Mayas a time for no meetings, and the Commission
agreed. Majority agreed to Tuesday, May 23, at 7:00 p.m. Stubbers asked to participate
via speaker phone. City Clerk Karr asked Commissioners to send an email if they would
be participating via speaker phone, and stated that four members must be present in
body and a quorum can not be made up of Commissioners participating via speaker
phone. Keranen stated she would be participating via speaker phone in late June.
Members agreed to discuss further on May 23.
Possible Summer Schedule
Stubbers stated she would not be living here in the summer and would be driving back to
meetings but that she did work on Friday. Subramanian suggested meeting week-ends
during the summer, and Stubbers said that would be nice. Nelson suggested Sunday
evenings. Majority agreed to list Sunday evening as a first preference starting June 4 at
6:00 p.m. and further discussion and confirmation would occur at the May 23 meeting.
Keranen suggested that Members come to the May 23 meeting with summer schedule
and some reactions to meetings Sunday evenings, number of times a month, etc.
Subramanian stated that it is important to have at least two meetings a month to have a
face in the community. Abboud Kamps suggested maybe one meeting and one event
Yoath Advisory Commission
April 20, 2006
Page 2
could be explored. In response to Stubbers, City Clerk Karr stated that any social event
attended by a majority was not a meeting if no Commission business was discussed.
Announcements 1 Invitations
City Clerk Karr distributed invitations to the Human Rights Youth Awards, May 9. The
Mayor and Liaison Correia had mentioned this event previously. Karr noted that the
Commission mission statement includes networking and hearing youth comments, and
encouraged attendance as a time to be recognized and seen. More information is
included on the City website.
City Clerk Karr distributed a letter from new Chamber President Nancy Quellhorst,
offering Chamber work and help identifying possible joint initiatives. Karr stated that Ms.
Quellhorst had offered to come and speak about the Chamber and maybe address some
projects that there could be collaboration between the Chamber and the Commission.
Stubbers questioned whether such a presentation should be scheduled before or after a
project is determined.
Applications for the Youth Leadership Program (YLP) were also distributed by City Clerk
Karr with an application deadline of May 15 rapidly approaching. She noted that if
Commissioners were not personally interested to pass the information along to other
youth that may be interested. Subramanian noted that Council Member Bailey had come
into the YLP and introduced herself, and wondered if Commission Members could be
invited to the Program to be introduced as well.
Keranen stated that Earth Day was Saturday, and wanted to be sure everyone knew and
remembered.
At the request of Liaison Correia, City Clerk Karr asked for someone to speak to the
Juvenile Justice Youth Development Policy Board on Youth Leadership Initiatives on
April 25 at 4:50 p.m. Karr stated that Correia would be present but requested that one or
two Commissioners attend for a brief overview. Stubbers offered to attend, and will
contact Liaison Correia for additional information prior to the event.
Keranen reported that she had received very positive feedback from a teacher on the
Commission's appearance at the April 18 Council meeting.
Stubbers requested the Commission talk about t-shirts and logo at the next meeting.
Commission asked staff to add the item to the end of the meeting if time permitted.
Moved by Abboud Kamps, seconded by Stubbers, to adjourn 7:20 p.m. Motion carried
unanimously, 5/0.
Prepared by Karr
Youth Advisory Commission
April 20, 2006
Page 3
Youth Advisory Commission
ATTENDANCE RECORD
YEAR 2006
(Meetinl! Date)
TERM 3/23 3/30 4/13 4/20
NAME EXP.
Audrey 12/31/07 X X X X
Keranen
Sarah 12/31/07 X X X OlE
Ziel!enhorn
Suhha 12/31/06 X X X X
Subramanian
Elyse 12/31/06 OlE X X X
Abboud
KamDs
Maison 12/31/07 X X X OlE
Bleam
Jacqueline 12/31/07 X X X X
Stuhbers
Michael 12/31/06 X X X X
Nelson
KEY:
X = Present
o = Absent
OlE = Absent/Excused
NM = No meeting
--- = Not a Member
rnr
MINUTES
PLANNING AND ZONING COMMISSION
EMMA J. HARVAT HALL
MAY 18, 2006
APPROVED
MEMBERS PRESENT: Charlie Eastham, Wally Plahutnik, Beth Koppes, Bob Brooks, Ann Freerks,
Terry Smith, Dean Shannon
STAFF PRESENT: Bob Miklo, Sarah Walz, Karen Howard, Mitch Behr
OTHERS PRESENT: Sarah Swartzendruber, Mary Frantz, Cindy Clark, Bruce Teague, Michael Lensing,
Julie Hauserman, Teresa Steicher, Maria Chavez Escobar, Tim Schumacher,
Peter Rohrbough, Kelly Lamb
RECOMMENDATIONS TO CITY COUNCIL:
Recommended approval, by a vote of 7-0, SUB06-00005, a preliminary plat of Hollywood Manor Part 9, a 12-
lot, 4.84-acre residential subdivision located west of Russel Drive and south of Burns Avenue subject to Staff
approval of the grading plan prior to consideration by City Council.
Recommended denial, by a vote of 7-0, REZ06-00012, a rezoning from Low Density Single-Family
Residential (RS-5) zone to Commercial Office (CO-1) zone for 6750 square feet of property located at 619
Kirkwood Avenue.
Recommended approval, by a vote of 7-0, CZ06-00001, a rezoning from R, Residential, to County A,
Agricultural for approximately 4.34-acres of property located in Fringe Area A, south side of Linder Road NE
with a conditional use permit for a cemetery and recommendation for additional off street parking for the
expanded cemetery.
CALL TO ORDER:
Brooks called the meeting to order at 7:34 pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
SUBDIVISION ITEM:
SUB06-00005, discussion of an application submitted by ST Enterprises LC for a preliminary plat and sensitive
areas site plan of Hollywood Manor Part 9, a 12-lot, 4.84-acre residential subdivision located west of Russell
Drive and south of Burns Avenue.
Karen Howard summarized the staff report. Howard stated that the proposed preliminary plat is in compliance
with the Comprehensive Plan. The subdivision will be the last part of Hollywood Manor subdivision. The land is
already zoned for single family residential uses. 12 single-family home lots are proposed within the
subdivision, with a residential density similar to the adjacent subdivision. The lots will be a little larger because
of the triangle-shape of the lots and cul-de-sac design backing up to Wetherby Park. The streets are designed
to terminate in cul-de-sacs at the ends of Totting Circle and Wetherby Drive. There is no opportunity to
connect the streets due to the location of the park and the fact that the property to the south has already been
platted without connecting streets extended to this property. Existing groves of trees are located on the
property, which contains a single-family farm house. The Sensitive Areas Ordinance requires a Level 1
sensitive areas review [Staff level administrative review] when groves are present on a property to make sure
that the property is platted to preserve the trees to the extent practical. Staff reviewed the proposed
preliminary plat and requested some adjustments to the street design and to the lot lines in order to
save/preserve more trees than what was initially proposed. The loop drive at the end of Totting Circle is
proposed in order to preserve two large white pine trees which the City Forester has determined are worthy of
preservation. The linear grove that extends along the park boundary will create a nice buffer of mature trees
between the park and the proposed subdivision. The trees marked with an 'X' on the proposed plat are
proposed to be removed during grading. Howard said that the City had not yet received a revised grading plan
Planning and Zoning Commission Minutes
May 18, 2006
Page 2
but she thought that the applicant intended to submit one soon. The City Engineer will need to review it to
make sure that the grading plan wiil work to preserve the trees shown on the plan and facilitate the proposed
storm water management for the southern portion of the property.
When the property was initially zoned RS-5, the conditional zoning agreement was adopted that requires an
access to Wetherby Park from this subdivision; that access is shown on the plat as Outlot A extending from
the end of Wetherby Drive to the park boundary. An additional walkway was proposed from Totting Circle, but
was rejected by the Parks Director because it would interfere with established garden plots and would result in
the loss of additional mature trees near the boundary of the park.
Designing the stormwater management for the property was somewhat difficult for the developer because this
property is surrounded by property that has either already been developed or has already been preliminary
platted. The northern portion of the property flows northwest, the middle portion of the property flows to the
South Sycamore Drainage Corridor and the remaining southern portion flows to the southwest across the as
yet to be developed Brookwood Pointe subdivision. Brookwood Pointe was preliminary platted without an
accommodation for storrnwater flows from the subject Hollywood Manor property. The two property owners
are currently working out an easement agreement for a temporary stormwater outlet to flow onto the property
to the south until Brookwood Point is developed, when at such time a connection will be made into the
stormsewer facilities planned for Brookwood Pointe.
Howard said items which still needed to be resolved included a review of the grading plan by the Public Works
Department. Staff recommends approval of SUB06-00005, provided the grading plan is submitted and
approved by Public Works.
Freerks asked how the protected groves in the conservation plan would be marked and protected. Howard
said the developer and construction manager(s) would meet with the enforcement department on the actual
site before any grading or development activity began. There was a particular concern for two trees with
respect to the street design and ensuring that no damage occurred to the trees. Bob Miklo said at the time of
final plat it could be addressed in further detail, such as requiring fencing.
Public discussion was opened.
Sarah Swartzendruber, 1 S. Gilbert Street, attorney for S. Larson. She said ST Enterprises had developed the
property adjacent to Hollywood Manor Part 8 and has this real estate under contract in order to purchase it. It
is the developer's intent to preserve the farm house located on the property. The applicant met with City Staff
numerous times to determine what was and was not practical with respect to saving trees. Swartzendruber
said she understood there was concern among the neighbors regarding the preservation of trees and assured
them that all trees delineated on the Sensitive Areas Development Plan would be preserved as well as all
other trees that it would be practical to do so. The developer had no plans to grade the entire area that was not
within a conservation area. The real estate has been zoned for single-famiiy low density development since
1983 so it should have been anticipated that Hollywood Manor would continue into that parcel of land. The
applicant requested that the Commission vote on the application during the meeting and the grading plan
would be submitted for review prior to Council consideration.
Marv Frantz, 2359 Russell Drive [Lot #54] said from their living room window her family could see a beautiful
space with trees and a lovely garden with hostas and flowers. She and her husband felt it was a beautiful
place and they would like to preserve the area. They did not object to new neighbors, but requested that the
piat could be reconfigured to allow some green space and common areas where people could enjoy nature.
Cindv Clark, 1442 Wetherby Drive [Lot 50] said they'd had several neighborhood meetings and a lot of feelings
had been expressed regarding what was happening to Helen's property. They'd known that there would be
some type of further development around them, but they'd not know how it was going to affect the landscape.
The property was fantastic, a beautiful grove of colorful trees. Clark said she thought Helen would probably be
turning over in her grave regarding the turn of events. Helen had talked about her property and had forbidden
a subdivision of her property to happen, but when her son had obtained the property he'd chosen to do
otherwise. As more of the neighbors became aware of what was happening, they all became a little angrier.
The farmhouse, located to the west of her property, was to be preserved but the driveway was to be rerouted
so it would run right past her bedroom window. Clark said she'd specifically designed her house so as to be
Planning and Zoning Commission Minutes
May 18, 2006
Page 3
able to enjoy Helen's property. She was displeased with the proposed redesign I relocation of the driveway;
could anything be done about it. Larson was aware of her concern(s) and how personally upsetting it was to
her as she'd designed and built her house for the visual reasons to the west. Clark said she was very upset
about the subdivision of the property as well as the future of lots 7 & 8 which totally would take away what all
the adjacent lot owners had built their houses there for. They'd all built their houses or purchased their lots for
the visual beauty of Lots 7 & 8, as proposed in the new subdivision. If the lots could somehow be preserved
that was a main point. It was a grassy area with very beautiful trees and would be difficult to build on due to
the awkward shape of the lot. She asked it could it become a park area or be reviewed for the preservation of
the trees.
Clark said another concern was having a walkway over to the park, the barrier of trees that went along the
parkway was a wind barrier as well as a security area to screen and buffer what went on in small little used
community parks. Clark said having the trees there as a screen and the barbed wire fence made it a secure
area, which separated their development from the park. Having the proposed walkway through there was a
surprise to the neighborhood, if that could be eiiminated or relocated it would be a preference of the residents.
Clark said when she was searching for a lotto build her house on, the farm property had meant a lotto her, it
had been the biggest selling point for her. It had determined how she designed her house and where she
located it on her lot and where she put her big windows. Now, it would be all ruined.
Clark said a lot of the neighbors who'd attended the neighborhood meetings had been unable to attend the
P&Z meeting due to being out of town or other commitments including the people who currently resided in the
farmhouse, otherwise there would have been a larger group of neighbors present.
Freerks said there was a notation on Lot 50, "existing gravel drive to be removed", what was that? Howard
said it was the existing driveway to the farmhouse which went across Lot 50 and was scheduled to be
removed. The new drive is proposed to come off Wetherby Drive. Clark said it went through her yard, but she
didn't care.
Public discussion was closed.
Ann Freerks asked what was the maximum density for these lots. Howard said this was an RS-5 zone; the lots
prqposed are bigger than what is required because of the nature of the property and being on a cul-de-sac. It
was probably the most lots that could be placed on a cul-de-sac and have enough frontage to meet the
minimum zoning requirements. The streets were designed in order to maximize the number of lots.
Motion: Terry Smith made a motion to approve, SUB06-00005, a preliminary plat and sensitive areas site plan
of Hollywood Manor Part 9, a 12-lot, 4.84-acre residential subdivision located west of Russell Drive and south
of Burns Avenue subject to Staff approval of the grading plan prior to Council consideration. Charlie Eastham
seconded.
Beth Koppes asked if it would be possible to have the new driveway moved a little so it would not be so
intrusive. Could the Commission review that and make a statement to the developer at final plat stage.
Howard said the proposed location was not shown on the plat, she was not sure that they could comment on
it. Behr said driveway placement was not within their platting purview, but the Commission could make a
statement. Miklo said the Zoning Ordinance would require it to be at least three feet from the property line.
The City could not dictate its exact location but the Commission could encourage the developer to place it
further to the west.
Wally Plahutnik said he understands that some people feel they would be adversely affected by this
subdivision. Neighbors want some of the area to be park land and he also noted that it was the first time he'd
ever heard citizen input that access to a park would be a bad thing. He resided 'right down town' and there
was a lot of "action" in his neighborhood as well, but Plahutnik said he regarded neighborhood parks as a
good thing and walked through them at least a couple of times in a week. He stated that if the neighbors are
interested in a private park, they might do what persons on the north side have done; get together as a group
and purchase tracts from the developer. They'd signed covenants which prohibited any future development
along the ravine(s). It would cost some money, but this was all about money. The property belongs to
Planning and Zoning Commission Minutes
May 18, 2006
Page 4
someone who wants to develop it and make some cash. The developer worked with the City to make it as
good for the City as possible, which was what the Commission was trying to do as well. Plahutnik said looking
at the plats, this property has been zoned for development for many years and it was not too different than
anything already developed to the east. It was unfortunate; the adjoining property owners enjoyed their views
for many years which now might be somewhat diminished but in this instance it was someone else's property.
Smith said he echoed Plahutnik's comments. He lived in the area and shared the neighbor's sentiments but
agreed with Plahutniks' assessment of and suggestion for possible remedy.
Freerks thanked the neighbors for taking the time to come to the meeting and share their comments. She said
RS-S was the lowest density so the neighbors would not be seeing large parking lots or high density. City Staff
had worked with the developer in a number of sit-down sessions to make the proposed development better
than what was initially proposed with regard to preserving mature trees.
Eastham and Brooks said a walkway to the park had been part of the original rezoning years ago and was
intended to serve all the people that resided to the east of the park.
The motion passed on a vote of 7-0.
REZONING ITEMS:
REZ06-00012, discussion of an application submitted by Bruce Teague for a rezoning from Low Density
Single-Family Residential (RS-S) zone to Commercial Office (CO-1) zone for 6750 square feet of property
located at 61 g Kirkwood Avenue.
Sarah Walz summarized the staff report. Walz said the zoning on all sides of this parcel was residential except
for the Lensing Funeral Home property which is zoned Commercial Office CO-1. The Comprehensive Plan
recommends that the area be maintained as residential; it also identifies Kirkwood Avenue as an area of
particular concern with respect to capacity of the street to handle increased traffic and the need to preserve
the integrity of the existing neighborhood along Kirkwood Avenue. Areas of concern include not only traffic
traveiing on Kirkwood Avenue but traffic attempting to exit from and enter on to Kirkwood as well.
In 1 993, the property immediately to the west was rezoned from RS-5 to CO-1 to allow expansion of the
existing funeral home. At that time, Staff recommended against rezoning that parcel believing that a clear
demarcation between the commercial and residential zones would be eroded and that it would also encourage
further requests for rezonings to commercial moving further to the east. Conditions placed on that particular
rezoning included closing a curb cut; moving an access further to the west away from the residential area;
additional landscape buffering along the streetscape to add to the demarcation between commercial and
residential.
Since the granting of that rezoning, residents along Kirkwood Avenue and some commercial property owners
have continued to express concern regarding the traffic load on Kirkwood Avenue and the difficulty of entering
and exiting onto Kirkwood Avenue.
Access to this specific property would be a one-lane drive in the front which Staff feels would create a safety
concern for vehicles parking on the site which would be required to back onto Kirkwood Avenue to exit the
property. To create a situation in which vehicles could turn around on the property would require paving most
of the front yard. An alternative would be to allow traffic access to the property through the gravel alley in the
rear of the property, but it would direct commercial traffic onto Diana Street and through a residential
neighborhood. The flow of commercial traffic on Diana is a current complaint for some residents on Diana
Street.
The subject lot is only 45-feet wide which would make it difficult to provide a buffer between any commercial
development and the residential neighborhood and to preserve the house. If the house were removed, it would
change the residential character of the neighborhood.
Planning and Zoning Commission Minutes
May 18, 2006
Page 5
Walz pointed out that the applicant indicated that his business would not have clients coming and going from
the site, however a rezoning to CO-1 would allow for a more intensive use of the site over time. By definition, a
rezoning is not restricted to the current owner or to their good intentions but ran with the property without
regard to a change in circumstance. Allowed uses in a CO-1 zone would include medical and general office
uses, retail personal services uses, funeral home and other uses, such as veterinary clinic by special
exception. Staff has a concem that if at some point in the future the adjacent funeral home acted on the option
to purchase this parcel and were able to extend into the commercial zone, it would compel commercial traffic
onto Diana Street instead of onto Kirkwood Avenue. Diana is a residential street and not intended to
accommodate frequent large volumes of commercial traffic. Staff felt that no change in conditions or
circumstance had occurred to warrant the rezoning. There was no shortage of office space in the community
or shortage of commercial space. In his application, the applicant cited the opportunity to reduce his overhead
costs for the rent of his business. It was a legitimate concern for the business but the particular constraint(s)
and specific uses of the applicant on their own did not provide sufficient justification for a rezoning. The intent
of zoning is to help create vibrant commercial and residential areas by restricting one use from creeping into
the next use by controlling expansion of either use into areas where things were incompatible. CO-1 zoning is
sometimes an appropriate buffer between residential zoning and more intensive commercial zones, but in this
location staff does not believe that the rezoning would serve as a buffer but would rather contribute to eroding
the residential character of the area. Walz said Staff recommends against this particular rezoning from RS-5
(residential) to CO-1 (office commercial).
Eastham said after the discussion at the informal meeting regarding other possible spaces the applicant could
conduct his business in, he wondered if the proposed use would fall under one of the home occupation
accessory uses allowed by the Code.
Walz said residing in the residence was required as well as the Code limited the number of off-site employees
to one. As long as the business had no more than one non-resident employee, the applicant could operate out
of his home. Any such situation would also need to be reviewed by the Building Official.
Miklo said on Monday evening the Commission requested an indication of possible traffic levels. The Traffic
Engineer reviewed the situation. There are a wide variety of offices that could generate a range of traffic
levels. A low intensity use might generate only 40 trips a day, however a use such as a salon could generate
up to 125 vehicle trips a day based on a 3,000-square foot building. In comparison, a single family home
typically generated 7-10 vehicle trips a day.
Smith asked what the parking requirements for CO-1 zone? Walz said it depended on the particular use and
the square footage. Miklo said that the requirement for office uses, retail and personal service uses is
generally one space per 300-square feet of floor area.
Public discussion was opened.
Bruce Teaaue, 61 g Kirkwood Avenue, thanked the Commission for allowing him the opportunity to present his
request. Teague said in October of 2004 he started his business, Caring Hands and More, a home healthcare
business which provides care in the community to elderly clients. Teague's business has grown in response to
the great need for this type of service(s) in the community. He employs a full time secretary and an RN whose
work load was increasing so his current residence at the time was not ideal for having more than one person in
the home. He'd contacted a realtor to look for an existing property to accommodate the training needs of his
future employees who would go into private homes to provide in-home care. The training needed to be
provided in a structure similar to a home-like structure, which was his main criteria for purchasing. There was
not a shortage of vacant office space in Iowa City, but a structure similar to his current structure was not
available. The commercial structures near Mercy Hospital were unavailable. He stated that no clients would
come to his building. He acknowledge that the City has a concern regarding the potential re-use of his
property. Teague said if he sold his property, it would probably go to Michael Lensing, owner of the adjacent
funeral home, who had a great interest in his property however he was unable to limit what the selling
agreement would be. He felt Michael would make a nice use of the property.
He agreed with the safety concerns regarding the property, initially he had considered allowing parking only in
the rear for his staff. It was anticipated that there would be 3 persons plus trainees in the home at one time.
Teague said his request was for a building that would accommodate the specific needs of his business; the
Planning and Zoning Commission Minutes
May 18, 2006
Page 6
existing available commercial properties did not do so. Therefore he was requesting that the Commission
consider his request for a rezoning of his property.
Michael Lensinq, 605 Kirkwood Drive, said he and his business partner owned Lensing Funeral Home, the
property at 1018 Diana Street and were in negotiations for the property next to it. Lensing said he preferred to
be honest. The alley was owned by the City. He'd spoken with all his neighbors and two years ago he'd
received permission I the option to purchase the alley from the City. Once that transaction took place he would
give them the 20-feet of extra land at no charge. The goal of the funeral home was to be able to square off
their lot as they needed more parking and wished to put an addition on to the rear of the funeral home. If
Teague sold his property and they purchased it, they would move the house off the property and close the
driveway. Their intent was to request a rezoning to CO-1 in order to square off the lot, to add more parking and
to shift the driveway further to the east exiting straight out instead of curving. The lot next to the alley was non-
conforming, if they purchased it they intended to remove the house, place parking and more trees to be park
like on the lot.
Lensing said even though the City owned the alley, for 30 years they had not maintained it. He'd spent the
monies to maintain the walnut trees. He was concerned about the traffic on Kirkwood Avenue and Diana
Street; the City talked about it a lot but did nothing. They should look at a traffic signal or changing the flow of
traffic onto Diana Street. It was his hope that the City would allow him to blacktop the alley and gate it so that
older clients could access the funeral home without having to travel on Kirkwood Avenue during high traffic
volume times; the City had not responded favorably. He suggested not allowing street parking on Diana Street
Shannon asked Lensing if his intent for the properties they were hoping to purchase was to request a zoning
change. Lensing said that was correct. If Teague ever sold, he would probably have right of first refusal and he
would purchase Teague's parcel. It would give them more time to landscape and to square off his lot.
Julie Hauserman, 1038 Diana Street, said she'd lived on her property since 1984. She couldn't think of anyone
she'd rather have for a neighbor than Bruce Teague; he'd been with her father when he'd passed away.
Michael Lensing was a wonderful neighbor as well. However, being a resident of Diana Street and having
endured such things as the Governor's Ridge development, the street at Boyrum and the empty promises that
had been made to stop commercial development encroachment into the residential area, she urged the
Commission to take Staff's recommendation. She was there to speak against any additional commercial
zoning into the residential andlor Plum Grove area. There was a lot of traffic from Dodge Street that used
Diana Street and Keokuk Court to cut through to Highway 6. She was aware that very soon the lot on the
corner of Dodge Street and Kirkwood would become for sale and that the lot could be split which would
generate more traffic. Hauserman said she'd like the City to take a look at the neighborhood's traffic concerns
including reviewing the speed limit.
Teresa Steicher, R.N., 1028 120Th Street, West Liberty. She was a team member of Caring Hands and More.
They were a team committed to providing excellence in home care services. To ensure their mission, it was
essential to have ongoing and applicable training for their home health care aids. Since they provided in-home
services, it was a great benefit to have a home to train in. Teague's current property had a tub, stairways,
kitchen, small bedroom and narrow doorways, things they dealt with in client homes. The structure provided a
mock training facility which enhanced the skills and comfort levels of their employees as well as those of their
clients who they sought to help remain in their homes. Hospitals and nursing homes were able to train in their
environments but as a home health agency, they missed out on the opportunity of doing crucial training mainly
due to the fact that a regular office space did not assimilate to the real environment of the population of home
care clients that they were working with. This home provided an essential and excellent training place for the
staff of Caring Hands and More.
Maria Chavez Escobar, 1206 Diana Street, said her friend had formerly owned the property that Teague had
purchased. She was aware of the concerns regarding traffic, but Iowa City was growing and there would
always be traffic issues. She had previously resided on First Avenue and was well acquainted with traffic
issues. She currently resided on Diana Street, the traffic problems existed and would continue to exist. She
didn't feel the issues would get worse with the addition of Teague's business. She agreed with Lensing's
suggestion to install a traffic signal to direct traffic. Chavez Escobar said she strongly felt that Teague was
giving the community a much needed service as elderly persons were living much longer and wished to be
able to stay in their homes. She was a provider at Oaknoll and was familiar with the wishes of persons who
Planning and Zoning Commission Minutes
May 18, 2006
Page 7
wanted to remain in their homes and be cared for. They wouid not be forced to leave their dignity and the
memories that they had implanted in their homes, if there were more services such as Teague's available.
There was a need for his services in Iowa City and to have their staff well trained, as Teague intended to do.
Tim Schumacher, 807 Walnut Street, said he opposed the requested rezoning for the reasons mentioned by
Staff. He said Teague's business sounded like a favorable business and perhaps it would be possible to give
him a special exception since he was only going to have 3 employees and no customers would be going to
Teague's business. The business was just barely up and running and there were already discussions as to
selling the lot, tearing the house down and installing parking lots. If it was rezoned, it wouid be the inevitable
result. There are only three residential houses left on this part of Kirkwood Avenue.
Peter Rohrbouoh, 711 Kirkwood Avenue, said it was great to get to meet his neighbors that he'd not met
before. Teague's business sounded like a good intention, but if he were to be struck by lightening, there was
no telling what his heirs would do. He felt nothing good could come of the rezoning in the end.
Kellv Lamb, 120 Koser Avenue, said she was one of the social workers in Johnson County who got to clean up
the messes by leaving persons in their homes without good home health care and was privy to the horror
stories of families who hired untrained persons to come into their homes to watch their family members with
memory impairment, etc. She understood that it could not be rezoned for just Teague's business. She'd
moonlighted for Teague for two years and had never seen more than three cars at the residence at one time.
For trainings it was not possible to get a huge group of people together at one time, it would not generate a
traffic increase. Sycamore Mall was on one end of Kirkwood and Benton Street commercial on the other end,
traffic was inevitable. The rezoning would not create a huge change in the traffic and there was not a beller
commercial entity to allow into that area. If a special exception would be possible, she'd suggest using it.
Public discussion was closed.
Smith asked Behr if there were any options for special permits, exemptions or anything other than rezoning to
accommodate the needs of the applicant. Behr said there really was not, the application was for a rezoning,
the use sought was not allowed as a special exception in the current zoning.
Motion: Freerks made a motion to deny REZ06-00012, a rezoning from Low Density Single-Family
Residential (RS-5) zone to Commercial Office (CO-1) zone for 6750 square feet of property located at 619
Kirkwood Avenue. Plahutnik seconded.
Freerks said there were a number of concerns when you started to whillle away in an area such as this. It was
a complex area, she wouldn't want to be the last house either. There were all kinds of traffic problems as well.
Comment had been made that the City didn't do anything about it, but she saw denying this application as a
way of trying to do something. Denying this application would support the Comprehensive Plan's intent for this
area to maintain the residential character. They had to look ahead at what potentially could be located there if
the parcel were rezoned to CO-1.
Eastham said he felt compelled to vote to deny this application by applying the guidelines that were
established in the Comprehensive Plan for the Central Planning District. The most applicable guideline
suggested that the Plan seek to preserve lower cost housing in the Central Planning District. He'd looked at
housing values for this property and this area, in his mind it wouid fall within the realm of affordable. Other
considerations were traffic issues - the proposed use would have a relatively minor impact but the proposed
rezoning would have a potentially significant impact. Eastham said the applicant had said that he needed a
residential property for training to develop his business, which was a legitimate use. He felt this type of use
should be looked at in the future, it was a small business and he wished to encourage and support the
development of small businesses.
Dean Shannon said he'd been a life long Iowa Citian and had seen this problem coming. In 1959 the top half
of the CC-2 lot had all been residential; the Handy family had had a large home there. He felt the City had
made a mistake and let the lion out of the cage and now the current City Staff were trying to draw a line on it.
In a perfect world there should probably be no commercial zone along Kirkwood Avenue, but at some point it
had been allowed to happen. People wished to keep developing and where did you stop? Shannon said he
understood both sides and was very troubled with how to vote. Now the City wanted to draw a line in the sand
Planning and Zoning Commission Minutes
May 18, 2006
Page 8
but it might be too late to draw that line. Teague's current use sounded like a good use of the property, but in
two years when he wanted to move on to a bigger area, then what would happen to the property if it were
rezoned.
Plahutnik said he'd voted earlier in the evening to approve paving more of Iowa City; here was a business that
he felt should be supported and helped in any way. But looking on beyond, he felt he needed to vote to deny
this application. He would have personally liked to have been able tell Teague to go ahead, he had a great
thing going and to have told the previous applicant, no you're not going to pave another inch of Iowa City. To
the persons who'd built their homes 10 years ago and were now complaining, he'd liked to have suggested to
them to tear their homes down and to replant trees because no more pavement in Iowa City was needed. He
had to go by the Comprehensive Plan. Their area had been zoned for residential and Helen Jensen's property
had been a beautiful space but it had been zoned residential. In Teague's case, the Comprehensive Plan said
here is where things stop. He'd have to vote to deny the application.
Koppes said she'd struggled with this as well. She would vote to deny given consideration of the
Comprehensive Plan, the traffic issues and the domino effect that was occurring. They needed to stop the
effect
Bob Brooks said he didn't have much to add as most everything had already been mentioned. Traffic was his
biggest concern in this area. The off set intersection of Diana Street and Kirkwood Avenue was extremely
problematic. The application would continue the domino effect To piece meal this together given the adjoining
residential areas and the traffic problems, would not be the correct direction to move in right now.
The motion to deny passed on a vote of 7-0.
Miklo said home occupations were allowed in any home. The resident could have a small business in the
home which would be limited to 25% of the floor area. By minor modification one outside empioyee could be
employed on a full time basis. In terms of the training aspect, he didn't think it would be outside of the
definition of home occupation for the owner to occasionally employees who were not employed on a regular
daily basis to come there on occasion for training. It would have to be reviewed by a Building Official to clarify,
but it did seem like this business in a smaller capacity could occur as a home occupation on that property
without amending the zoning code.
CZ06-00001, discussion of an application submitted by James Batterson for a rezoning from R, Residential, to
County A, Agricultural for approximately 4.34-acres of property located in Fringe Area A on the south side of
Linder Road NE.
Miklo said the property was just north of Interstate 80, located within the City's growth area. Someday it might
be annexed into the City. Even though it was a County action, the Fringe Area agreement called for the
Commission to review the rezoning. The Board of Supervisors would have final say but looked to the City for
its recommendation. The cemetery that was currently there wished to purchase an additional 4.5-acres to
expand. Cemeteries were not allowed in County residential zones but would be allowed in the County
Agricultural zone by conditional use permit Staff felt that the open space use of the property as a cemetery
would be a good use because it was adjacent to the Highway. It would have occasional traffic. A concern was
the narrowness of Linder Road and that there are only two off-street parking spaces for the current cemetery.
Miklo said Staff recommended that when the County reviewed the conditional use permit, they look for a way
to provide additional off street parking for the expanded cemetery. Staff recommended approval of the
rezoning from R, Residential, to County A, Agricultural with the anticipation that there would be a conditional
use permit for a cemetery use.
Brooks asked if the County had indicated any plans in their general improvements plan to improve Linder
Road, it was pretty narrOW I bad in that section. Miklo said they did not
Public comment was opened. There was none. Public discussion was closed.
Motion: Smith made a motion to approve CZ06-00001, a rezoning from R, Residential, to County A,
Agricultural for approximately 4.34-acres of property located in Fringe Area A, with a conditional use permit for
Planning and Zoning Commission Minutes
May 18, 2006
Page g
a cemetery and recommendation for additional off street parking for the expanded cemetery. Koppes
seconded.
The motion passed on a vote of 7-0.
Koppes said some of the persons who'd been in attendance for REZ06-00012, might not be aware that the
Commission didn't have the final word and that they could also speak before the City Council. She requested
City Staff to send a letter to them.
Miklo said the policy was that if an item was denied by the Commission, it did not go on to City Council unless
the applicant formally requested it. If the applicant made such a request then City Staff would notify the
persons who'd spoken during public discussion.
CONSIDERATION OF 4/20/06 MEETING MINUTES:
Motion: Smith made a motion to approve the minutes as typed and corrected. Plahutnik seconded.
The motion passed on a vote of? -0.
OTHER ITEMS:
Miklo gave notice to the Commissioners that at their next formal meeting, there would be a few Zoning Code
amendments regarding housekeeping items that had come up, would need to be discussed and voted on.
Staff would notify members of the neighborhood associations, realtors association, homebuilders association,
and other public who would have an interest that Code Rewrite items would be included on the next agenda.
ADJOURNMENT:
Motion: Smith made a motion to adjourn the meeting at 9:00 pm. Eastham seconded.
The motion carried on a vote of 7-0.
Elizabeth Koppes, Secretary
Minutes submitted by Candy Barnhill
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MINUTES
HISTORIC PRESERVATION COMMISSION
THURSDAY, MAY 4,2006
EMMA J. HARVA THALL
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4b 7
APPROV
MEMBERS PRESENT: Esther Baker, Michael Brennan, Richard Carlson, Michael Gunn,
Michael Maharry, Jim Ponto, Tim Weitzel
MEMBERS ABSENT:
STAFF PRESENT: Bob Miklo, Sunil Terdalkar
OTHERS PRESENT: Helen Burford, Kevin Burford, Jim Buxton, Jeff Clark, Consultant (for
Jim Buxton), Shelley McCafferty
CALL TO ORDER: Chairperson Weitzel called the meeting to order at 6:01 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
Terdalkar said that although notification of this meeting was not posted on the website, it was posted on
the bulletin board in City Hall, and notification was sent bye-mail to a list of 300 people and to members
of the press. He said that notification requirements have been satisfied per Iowa Code Chapter 21.
Terdalkar said that the circumstances qualify the meeting for emergency status.
ITEMS FOR CONSIDERATION:
Certificates of Aoorooriateness:
113 South Johnson. Terdalkar said that this application is for the replacement of a standing seam metal
roof, which was damaged in the recent tornadoes, with asphalt shingles. He stated that the building is a
contributing structure in a historic district.
Kevin Burford, the consultant for this project, said the proposal is to use asphalt with the weathered wood
look for the roof. He said that the metal roof that was there was so steeply sloped that he could not get
anyone to paint and repair it, although he had tried for a couple of years. Kevin Burford said the roof can't
really be replaced, because any metal roof that one puts up there would not look historic. He said that the
cedar shakes were original to the house. Kevin Burford said the maintenance of the metal roof was
problematic in any case, and the cedar shake roof was a more historic surface.
Miklo said he received an e-mail from Jack Porter, the architect for the State Historical Society, who
expressed concern about the loss of original materials, including metal roofs. Miklo said there are
extenuating circumstances here, such as the steepness of this particular roof and the condition of the
roof. He said that in the future, when the situation is non-storm related, with a less steep pitch, the
Commission will want to look at these very closely. Miklo said that whatever the Commission decides
here should not necessarily set a precedent that the Commission will allow metal roofs to easily come off
and be replaced.
Kevin Burford said there is no one around who has the skills to replace these metal roofs. Weitzel said
that one of the extenuating circumstances here is that a big portion of the roof came off, not just small
pieces. He agreed that new metal roofs do not look like the old standing seam roofs.
Weitzel said that in the future, for roofs, it should be allowed for homeowners to immediately redo the
decking and put tarpaper on, and that would be a watertight roof for at least a week, until the Commission
can review it.
Helen Burford suggested that the guidelines be clarified. She said the guidelines favor returning to the
original roof. Weitzel said that when the Commission passed that guideline, it was not consulting directly
with the Historical Society. He said that what they are concerned about now is that, as every one of these
roofs comes off, the remainder become more unique and valuable historically.
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May 4, 2006
Page 2
McCafferty said that one needs to look at the practicality of this. She said that after talking with roofing
contractors, she found that it is very difficult to put replacement pans in a metal roof and that they tend to
leak. McCafferty added that the number of contractors available who do this work is very limited.
Gunn said that if a standing seam metal roof is taken off and a metal roof goes back on that is a wide,
raised ribbed roof with a big cap on top, that looks worse than shingles and worse than the original.
MOTION: Gunn moved to approve a certificate of appropriateness for the replacement of a metal
roof at 113 South Johnson Street with asphalt shingles. Brennan seconded the motion. The
motion carried on a vote of 7-0.
942 Iowa Avenue. Terdalkar stated that this is a contributing structure in the College Hill Conservation
District. He said that the proposal is to replace the existing vinyl siding with new vinyl siding, replace
seven metal windows with metal clad windows, the reconstruction of a porch on the southeast corner, and
reconstruction of the part of the roof that was damaged on the southeast corner.
Consultant said that one part of the fascia board and soffit is totally gone. He said that he already re-
truss.ed the roof on one side, and now he will have to resheath the roof. Consultant said there was a
tongue and groove soffit underneath it, and he will match that as closely as he can. He said that he will
then match the board. Consultant said that the extension will also come out of the side. He stated that he
would get the house back almost to the way it was.
Consultant said that the whole house has synthetic vinyl siding all over it. He said the only thing that is not
synthetic is the fish scales on the gables and the soffits with the tongue and groove type wood.
Consultant said he would power wash and repaint all the exposed wood. He said that the house has been
approved by the insurance adjustor for vinyl siding.
Consultant said that there was some stucco damage on the north wall in the rear and also on the west
wall. He said that he would aiso repair and repaint that damage. Consultant said he also needs to fix the
roof and would like to use a laminated, architectural shingle.
Consultant said that the main point is that he is going to get the house back as it was. He said there is a
door over what used to be a porch on one side of the house, but the decking has been gone forever.
Consultant said the only thing there was just a little three-foot hangover that has a crown molding and
slants down. He said that the decking has not been there for a long time, at least not since Buxton
brought the property.
Weitzel asked about the wall that has been pushed out a little bit. Consultant said that Buxton hired a
structural engineer to fix the wall. He said the engineer will pull out all the sheet rock on the inside and all
the siding off the outside and then pour it back into the floor. Consultant said that when the engineer is
done, he will insulate it and side it.
Carlson asked about the large front window. Weitzel said there is decorative detail on the window. Buxton
said that he believed that Dyer, his contractor ordered a replacement wood window for that. Consultant
said that the top part of the window was not damaged.
Weitzel said there is an exterior pane and also interior leaded glass. He said he would like to see the
leaded part retained if at all possible.
Mahany asked if there is anything that is not going back to the way it was before the tornado. Consultant
said he could not speak to the window situation, but said that everything else would go back the way it
was.
Terdalkar asked if the decking of the porch would be put back under the porch. Buxton said there has not
been a deck there for a long time. He said there was a door there, but it is covered by vinyl siding.
T erdalkar said the application refers to reconstruction of the porch. Consultant said there is work that
needs to be done on the northeast porch of the house.
McCafferty asked what the applicant would be doing with the column. Maharry said the application states
that the porch will be reconstructed. Consultant said that refers to the porch roof. Weitzel said that when
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May 4, 2006
Page 3
the deck was put down, the column was probably installed then. He said that a round column would be
more normal here. Buxton asked if there is a reason to put a deck there if there is no door to get onto the
deck. He said that when he purchased the property, there was just a roof over the grass there.
Weitzel said that because this is a contributing property, the Commission would usually like to see a
higher level of restoration. Brennan said the reconstruction would not be required, because this is a non-
conforming property. Terdalkar said the question is just whether the owner is considering anything.
McCafferty said that what the applicant would do would not preclude the porch from being reconstructed
in the future.
Buxton said there is a fire escape from the basement window here for egress. He said there could
therefore not be a deck constructed here. Consultant said they would rather not construct a porch on the
front of the house on the southeast side if not required.
Buxton said that the reference in the application to reconstructing the porch refers to the roof and
reconstructing it the way it was before the tornado. Miklo said it is a question for the Commission - if it
would be better not to put it back if it did not have the deck under it. Buxton repeated that the deck would
interfere with his fire escape.
Maharry said that the proposal is to reconstruct the house so that it looks similar to the picture of it before
the tornado came through. Consultant said that was true with the exception of the porch on the southeast
corner.
Weitzel asked if it is not allowed or not recommended to put vinyl siding on a contributing structure.
Brennan said that the zoning code allowed a structure that was non-conforming before to be restored to
its previous state. Miklo said he was not sure that would apply under the new code. He said that the new
code applies to the use, setback, parking, and preservation standards.
Weitzel said the issues include reconstruction of the roof and the trim board/bargeboard on the front,
repairing the wall, the issue of whether or not to repair the porch and how it should look if rebuilt, and the
issue of the siding. He said the guidelines recommend against vinyl siding on a contributing structure and
recommend using wood or fiber cement board.
Weitzel said the Friends of Historic Preservation are offering a grant for this type of thing, and there are
two other sources of grant money, as well as discounts from at least one building supply store for fiber
cement board. He said that the Friends of Historic Preservation will help when there is a gap between the
insurance settlement and what repair will cost, and there is an appropriation from the State for repair
funds. Weitzel said he would need Consultant to outline his costs for the reconstruction and what the
insurance will cover, and the Commission will work out a package for the difference. Consultant said he
could produce that information in detail.
Consultant said that a fiber cement board that is basically just a flat panel is made for the corners. He
said he would not touch the window trim, except to paint it.
McCafferty said that on some of the windows, whether or not it has been covered, is a drip cap, which is
the molded edge that typically projects out. She said that is made of wood and has to be flashed.
McCafferty said the question is whether that has been removed and if it has to be reconstructed.
Maharry said that if it is not there now, it will have to be put up. He said it would have been there
originally. Weitzel said that the drip cap is a functional piece of the window that will keep water form
getting behind the window into the wall. Gunn said that at a minimum, it would need a metal drip cap to
make it watertight. He said the question is whether there was something else there. Consultant said the
window trim itself seems to be pretty sound as it is.
Gunn said it is then possible to look at this as putting on the fiber cement cornerboards. He said that if the
wood on the window trim is intact, it just takes a metal drip cap. Gunn said there were not always
moldings on top, but there would have been a drip cap.
Maharry said he does not necessarily recommend that it go back on, but if one goes to the trouble of
putting fiber cement board on, it won't improve the exterior appearance if decorative capitals are not put
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May 4, 2006
Page 4
on. He said he would be fine with repairing the vinyl to match what is currently there. Gunn said that this
is not just a repair job - that the applicant plans to take off all the vinyl from all four sides of the house.
Weitzel said the advantage to the contractor and owner is that when the wood is removed to put on the
fiber cement board, there will be access to the wall cavities and they will be abie to insulate. Gunn said
that the original wood siding has to be removed to put on fiber cement board. He said the sheathing does
not have to be removed. Weitzel agreed that the process wouid not work unless the wood is removed.
Consultant said he would not have a problem with that. He agreed to remove the wood and then use fiber
cement board all around. Consultant added that the insurance company would only pay for vinyl siding,
because that's what was on the house.
MOTION: Gunn moved to approve a certificate of appropriate for the application for 942 Iowa
Avenue for the roof, as specified; for the repair of the bulging wall, as specified; for removal of all
the wood siding to be replaced by fiber cement board, leaving the trim of the windows in place;
not requiring that the porch roof be reconstructed; with the front leaded glass window to remain
in place; and the new windows, as specified.
Gunn said the windows were proposed to be double-hung, metal clad wood windows. Carlson asked if
any of the proposed windows would be any different from the windows that were there before the tornado.
Consultant said they would all be the same and would all be the same size. Carlson said that if the
dimensions or number of sashes are not changed, then that would be fine.
Ponto seconded the motion.
Maharry asked if the application addresses the main floor south facing window. Consultant said he would
have to check with Dyer to make sure the ordered window only replaces the section below the leaded
window. Maharry said the application specifies a double hung window to replace the window that was
originally there.
Weitzel said he believes it is a fixed window. He said that the storm is a standard T, but the window
behind is a transom with the one big pane below. Carlson said that in that case, the window should
probably not be replaced with a double hung window. Gunn asked for the window dimensions, and
Terdalkar. responded that it is 53 by 66. Gunn asked the consultant if he would be willing to use fixed
glass. Consultant said that would be okay.
AMENDMENT TO THE MAIN MOTION: Gunn moved to amend the main motion to approve the
south elevation decorative window on the first floor as a single-glass fixed unit and not double
hung windows. Ponto seconded the amendment.
Carlson said his one concern is the wholesale removal of what is possibly still good wood siding
underneath the vinyl. He said he did not know whether or not what is putting back what was there, the
vinyl siding, wouldn't actually be perhaps less aesthetic, but better for the house in the long term.
Gunn stated that the Commission used to not allow fiber cement board. He said that he recalls cases in
which someone had taken fiber cement board siding and replaced just portions of the wood siding. Gunn
said it was a very good match and would not be noticed unless one knew it was there.
Miklo said this is not just an aesthetic concern. He said that the vinyl and aluminum tend to collect
moisture and cause rot to the wall.
McCafferty asked Carlson if he was talking about saving the wood underneath and just painting it.
Carlson said that would be the preferred option. McCafferty said that where the vinyl has been blown off,
the wood is all gray, so that it would be much more difficult to paint. Weitzel said it would probably cost
more to bring the wood back than it wouid to take it off.
Brennan said that he would heartily encourage the owner to go with the fiber cement board, but if the
owner wants to replace the vinyl, Brennan believed that he could under the Act of God, non-conforming
provision of the zoning code. He said he thinks the owner has that option under 14-4E-6, but he believes
the fiber cement board would look much better and would encourage the use of that material.
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Page 5
Terdalkar asked if siding is a non-conformity or a non-contributing feature. Brennan said that non-
conforming refers to requirements or standards that relate to the design of the building or structure, which
subsequentiy, due to a change in the zoning requirements, is no ionger in conformance. He said that at
the time the siding it was put on, it was okay under the zoning code, but if someone wanted to put siding
on today, he could not, because of the zoning code.
Terdalkar said he discussed this with the City Attorney's Office, and the City Attorney's Office said that
would not be applicable here. Brennan said he respectfully disagreed.
The motion carried on a vote of 6-1. with Carlson votine no.
946 Iowa Avenue. Consultant said that this house obviously needs a roof, although that was left out of the
application. He said that Kurt Dyer is the contractor for the project and will be doing some aspects of the
work. Consultant said the plan is to repair this back to normal. He added that there is a column to be
replaced, but the original column was a fake, metal column.
Consultant said that the soffit was all vinyl, but he has been told that he has to use wood soffit to replace
the vinyl. Terdalkar said that Dyer has told him that he will use wood soffit, and that is in the application.
McCafferty said that bead board fiber cement board is available, but it doesn't look like the traditional old
bead board. Consultant said that if the Commission wanted him to use fiber cement board, he could do
that.
Consultant said he would like to go back through the grant process. He said that the exterior material is
an asphalt shingle about 1 Y. inch thick and was from the 40s and 50s. Consultant said that it is all beaten
up, and he would have to do something with it. McCafferty said there is a fiber board underneath it.
Consultant agreed that there is a backing. He said that if the Commission can help with the grant money,
he would be happy to put fiber cement board back on that and make it look a lot more attractive.
Consultant said that the roof will go back the way it was. He said that he is working on the soffit, fascia,
dormers, roof, and siding. Consultant said that Dyer will be working on the porch and the windows.
Consultant said that there was some damage to the siding. He said he did not know how much the
insurance company would pay on the siding, because he did not think the value of the siding was very
high.
Maharry asked if there is wood siding under the layers. Consultant said that there is but that it is not in
great shape. Weitzel said that because Dyer is not here, the Commission could consider dividing this into
two motions in order to deal with the porch later.
Maharry asked, siding aside, if the design and appearance of the front porch would be different from what
was there before. Consultant said that it was his understanding that it would be nearly identical. Buxton
said that the columns that were ordered would be 12 inches in diameter, instead of 14, because 12 was
the biggest size he could get. He said the columns would be made out of fiberglass.
Carlson asked if the windows would be replaced just as they were. Consultant said that is his
understanding.
Gunn asked for specifics regarding the siding. Consultant said he would remove it all from the whole
house and put fiber cement board back up in whatever construction method it takes to put it up. He said
that he really can't tell what is behind all of the material. Consultant said that any1hing that is exposed
wood, of which there is very little, will be power washed and painted. He said that the whole top was
already done with aluminum soffit and vinyl, so the only possible wood would be the underneath of the
porch. Consultant said that the porch roof of the porch on the second floor was damaged.
MOTION: Gunn moved to approve a certificate of appropriateness for the application for 946 Iowa
Avenue with the repair of the structure and decking of the roof and application of asphalt
shingles, replacing the existing soffits with tongue and groove wood or fiber cement board
material, rebuilding the porch to match the original design, removing the siding and replacing it
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May 4, 2006
Page 6
with fiber cement board while retaining all window trim that is sound, and replacing all non-sound
window trim with wood or fiber cement board. Ponto seconded the motion.
Terdalkar asked about the railing for the porch on the 2'd level and if it was pressure treated wood.
Buxton confirmed this. Terdalkar said the application refers to a 'railing with a simple square spindle
baluster, paintable wood.'
AMENDMENT TO THE MAIN MOTION: Gunn moved to amend the main motion to require the porch
to have a painted balustrade and to remove and replace six windows, as specified, with wood
metal clad windows the meet historic standards. Ponto seconded the amendment.
Baker said, for clarification, that discussion of siding was included in the motion, although it was not
included in the original application. Weitzel said that happens as a result of negotiations with the
applicant. He said the point is to allow discussion and come to common ground.
Terdalkar asked if the siding aiso included the siding on the dormers. Consultant said that the vinyi will be
removed, so he would have to put something back on and would want to match the rest of the house.
Terdalkar said that on the front eievation there is a pair of mismatched windows in the dormer. He
suggested that it would be preferred to have them be the same size. Weitzel said there is an original
window and an egress window there. He said the original window is a short, leaded, glass window. Miklo
said it would be good to have them be the same size, and Terdalkar pointed out that it is just a
suggestion.
The motion carried on a vote of 7-0.
929 Iowa Avenue. Terdalkar stated that the front portion of the building was damaged and has been
rebuilt already. He said the applicant, Jeff Clark, is requesting approval for the replacement of existing
windows with the windows shown in the application. Terdalkar said the applicant is proposing to redesign
part of the fac;:ade, and some of the windows will be changed for egress purposes.
McCafferty said the first plan is to replace all the old wood windows with windows with the same mutton
bar pattern as is currently there. She said that where there are two windows on the bedrooms, those
would be replaced with one large slider window with mutton bar and coat check rail. McCafferty pointed
out that this is a non-historic building.
McCafferty said the owner wants to put in an all-aluminum window made by Quaker. She said that it looks
very similar to a wood window. McCafferty said that where there is a door and large picture window on
one side, the owner would like to remove the door, window, and brick below the window, and put in a
slider patio door. Clark said that it would be a six foot by six foot eight, aluminum patio sliding door. He
said he would like to replace the picture windows in the living rooms with a patio slider too. Clark said he
would take the two double hungs to meet egress and do a sliding aluminum window with mutton bars to
simulate double hung windows. He said he would like to do that throughout the whole complex. Clark said
he would install a sliding patio window and then take the others and make them a four foot by four foot
egress window. He said that the doors would remain. McCafferty said that would result in a patio door
and one window.
Clark said that the roof needs to be replaced, and he would like to replace that with a weathered wood.
He added that there is no match for the brick on the front. Clark said he wants to put on something to
accent the building so that the building will look better. McCafferty said they would like to use a dark
orange color to wrap around where the brick is missing and complement the rest of the brick.
Gunn asked about the roof being rebuilt. Clark said the roof was put back on to make it watertight. He
said that in talking about rebuilding the roof, he was just referring to putting on new shingles.
MOTION: Gunn moved to approve a certificate of appropriateness for the application at 929 Iowa
Avenue, as submitted, with the addition of the re-bricking of the two major facades on each
building that were removed by the tornado and the installation of the sliding patio doors in place
of the center, living room windows.
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May 4, 2006
Page 7
Gunn said that considering that this is a non-historic property, the Commission can give fairly wide
latitude.
Terdalkar asked if there would be any size changes with the new window openings. Clark said the
openings would probably be a little bit narrower, except that the patio door would be six feet by six feet
eight. He said the slider windows would by four feet by four feet.
Maharry seconded the motion, The motion carried on a vote of 7-0.
617 East Colleae. MOTION: Gunn moved to approve a certificate of appropriateness to reroof the
building at 617 East College Street.
Weitzei said that this was a standing metal seam roof to be replaced with asphalt shingles. Carison asked
how badly the roof was damaged, and Weitzel responded that it is gone.
Maharry seconded the motion. The motion carried on a vote of 7-0.
923 Iowa Avenue. Terdalkar said this application is to demolish the structure at 923 Iowa Avenue, which
is a non-contributing structure in a conservation district. He said that the third story of the building was
destroyed in the recent storm.
Weitzel said this was non-contributing, because it was a house added on to a house. McCafferty said that
it was originally a Victorian house, but then the owners encased it in a four-square and added the third
story. She stated that the addition was put on between 1920 and 1926. Carlson said that 1926 seems to
be long enough ago to make this a contributing structure.
Miklo pointed out that the house really had no recognizable style. Weitzel said that the alterations were
done in a historic period, but Amy Smothers, who surveyed the house, did not feel that the alterations had
achieved significance in their own right, because they weren't done in a manner sympathetic to the
original design. Carison said he agreed with that.
McCafferty said the property owner is trying to determine what he can do with this building. McCafferty
said she would at least like to hear discussion about what the Commission might allow, even if that does
not result in a vote at this time. She said she realized that a demolition permit requires a drawing of what
will replace the building, but she has not yet had time to produce any plans.
McCafferty said that the insurance settlement was for $400,000. She said that it would take at least that
much to reconstruct the house, and the owner would prefer to demolish the building and construct a new
one. McCafferty said the owner is trying to determine whether the Commission would allow the
demolition, if in fact there would be a sympathetic building that the Commission would approve that would
go in.
McCafferty said that the building had nine units - efficiencies and one-bedrooms. She said that if the
owner rebuilt the building, the most units he could have would be seven, but they could have additional
bedrooms. McCafferty said she will not know what the exact occupancy of the building could be until
there are further studies to look at parking, square footage, and other factors. She said that if the
Commission absolutely will not let the building be torn down, the owner would like to know that now, in
order to do further work to protect the building.
Gunn said the intent of requiring approval for what will replace a building was for the purpose of giving the
owner fair warning that he would have to comply with certain guidelines, which are contained in Sections
6.0, 6.1, and 6.2. He stated that, given this situation, he thought the Commission could approve the
demolition with the full understanding that the guidelines have to be complied with.
McCafferty said she informed the owner that one of the risks of demolishing this is that if he can't get the
same density that he had here. She said the owner does not see it as financially feasible to rebuild this
house, and it seems likely that he could get at least the same number of bedrooms in a new structure that
would comply. Weitzel asked if the owner was willing to take that risk, and McCafferty confirmed this.
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May 4, 2006
Page 8
Ponto asked if the new building would have to meet the guidelines for multi-family buildings. McCafferty
said that both sections would be appiicable.
McCafferty said the owner discussed doing a building that kind of looked like a duplex but would actually
have multiple units. She showed other examples of a direction that the owner might go.
Miklo said that the owner would have to comply with height limitations, so the new building could be at
most two and one-half stories. He said that would be more in scale with the rest of the neighborhood.
Ponto said that these are exceptional circumstances, and he would be in favor of allowing the demolition.
MOTION: Ponto moved to approve a certificate of appropriateness for the demolition of the
structure at 923 Iowa Avenue.
Maharry said that the Commission cannot approve the demolition, because the applicant has not
submitted a plan for a new building. Miklo said that the Commission could basically take a straw polito
give the owner a direction. Gunn said his rationale for allowing the demolition before a plan is proposed is
that the only reason the Commission ever included the requirement for new building plans was to educate
the owner of the building to be demolished to the fact that the guidelines would have to be complied with.
Weitzel said his only concern is whether the Commission has a mechanism to make the owner build
something at that point, if the owner demolishes the building. McCafferty said this is a valuable piece of
property that no one would let sit empty. Miklo said a straw poll would give the owner confidence to go
ahead and design a new building. Weitzel stated that he wouid rather approve a demolition permit than
have the owner demolish the property after the Commission does a straw poll and without the permit.
Ponto said he believes that this is an exceptional circumstance, and the building is half gone anyway. He
said it is different when there is an intact structure. Weitzel added that the building is approaching the
point where there is a safety issue.
Gunn said the question is whether what is there is better than nothing there, should the owner choose not
to rebuild. He said the whole thing was designed to prevent the demolition of a reasonably good structure
to put up something ugly. Gunn said the point was to make sure everyone knew they had to comply with
the guidelines. He said there is nothing there, in his opinion, that is so precious that the Commission
cares if it is gone. Gunn said his interest is in making sure the owner understands he cannot build
something like it again. McCafferty said that the owner does understand that.
Gunn seconded the motion.
Carison referred to Iowa City guidelines for demolition, 7.0, where it says that in a case like this,
"Demolishing a primary building on a non-contributing property: decision will be made on a case-by-case
basis for these cases. The Commission will consider the condition, integrity, and architectural significance
of the outbuilding or non-contributing building." He said everyone would probably agree that the condition
and integrity are pretty bad, and the architectural significance is also not high enough to really warrant
saving the building, especially at the cost invoived.
Maharry said that the Commission is usually supposed to have a plan in place before approving
demolition, and the Commission is allowing this for an extraordinary circumstance. Weitzel said there is a
special circumstance for safety reasons also.
AMENDMENT TO THE MAIN MOTION: Ponto moved to amend the main motion to include the
statement that any new construction would have to comply with the appropriate sections of the
guidelines, including Sections 6.0,6.1,6.2, and 8.2 and receive a certificate of appropriateness for
approval of the building. Gunn seconded the amendment. The motion carried on a vote of 7-0.
30 South Governor. Terdalkar said this application is for the reconstruction of a damaged roof. He said
the owner has already changed part of the roof on the north side, which is a shed roof. Terdalkar said the
porch columns will be repaired, and the trim will be matched or repaired. He said the only change during
the reconstruction would be the change in the shed roof in the back of the house on the north side.
Weitzel said that involved a change in pitch, but not a change in style.
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May 4, 2006
Page 9
McCafferty said the pitch was really low, and the owner raised it a Iiltle bit. She said the owner raised the
pitch slightly for belter drainage, and the plate height was not changed.
Gunn said that this is a landmark property. McCafferty said it was named a landmark property when the
conservation district was done and said that Helen Keller used to stay in this house, as well as Stephen
Baker, who was instrumental in establishing the Carnegie Library.
Gunn asked about the siding. McCafferty said the owner would install siding to match. She said the siding
is all wood now, and it would be replaced with wood siding.
MOTION: Maharry moved to approve a certificate of appropriateness for the project at 30 South
Governor Street, as proposed, with the clarification that wood siding will be used to repair the
damaged wood siding. Baker seconded the motion.
Carlson said the application refers to replacing or repairing the metal roof with asphalt. McCafferty said
that somewhere there is a metal roof on the building that the owner is not sure if he can replace, although
she is not aware of where that metal roof is located.
Ponto said the change in the pitch of the shed roof is not substantial and is okay with him. Carlson said
the Commission has allowed changes in pitch for drainage before, and this does not obscure anything
original on the house. Weitzel said it is also on a previously altered part of the building.
The motion carried on a vote of 7-0.
715 East Colleoe. Terdalkar said this proposal is to reconstruct the barn as it was, with the exception of
the metal roof to be changed to asphalt shingles and to not replace the brick chimney that has collapsed.
Weitzel said it appears that the chimney collapsed when contractors lifted the building in order to put in a
new foundation, after the whole thing rocked off its footings. He said that the foundation was brick, with
concrete poured over it.
Weitzel said the issues include allowing the owner to put the building on the new foundation, replacing the
roof with asphalt shingles to match the house, and not rebuilding the brick chimney. He said the chimney
was very utilitarian and not one of the more decorative ones. Weitzel said that the chimney cannot be
seen from the street, and the cost of rebuilding it would be prohibitive for what the owner would get back
out of it. Carlson suggested including that in the motion, because he would not want to encourage the
demolition of all chimneys based on this.
MOTION: Gunn moved to approve a certificate of appropriateness for the application for 715 East
College Street, as submitted. Brennan seconded the motion.
Carlson said that the Commission should state that it is allowing the metal roof to be replaced here
because it is partially damaged, and it is difficult or impossible to get it replaced or at least extremely
expensive to get it replaced. He said the Commission has allowed it for other tornado-damaged buildings
and so therefore is allowing it here.
Regarding the foundation, Carlson said it appeared as though it was concrete before, because it was
concrete over brick. Terdalkar confirmed this and said it is just at the grade level. Carlson said there will
then be no change in appearance, so that would be fine as well. He said there would be no other change
in appearance.
The motion carried on a vote of 7-0.
815 Iowa Avenue. Terdalkar stated that this application originally was to only rebuild the porch roof as it
was before. He said the applicant took off the siding, understanding that it did not require a permit.
Terdalkar said the owner now wants to put on vinyl siding and is now considering opening up the
enclosed area as a porch, as it was before. Terdalkar said this application is for residing with vinyl siding.
He said that this is a non-contributing structure in a conservation district. Miklo said that the vinyl could be
allowed as an exception, and the Commission may want to offer some compromise, such as approving
the vinyl siding subject to opening the porch up as per the original plans.
Historic Preservation Commission Minutes
May 4, 2006
Page 10
Terdalkar showed photographs of the house, the enclosed porch, and damage to the house. Weitzel said
that the whole back would be torn off, and a small porch would be rebuilt. Maharry said the Commission
would need to see plans for that. Miklo said this house would be a good candidate to have the siding
restored, although the owner is interested in restoring the porch. Terdalkar said staff is not certain that the
owner would be wiiling to open up the porch, aithough the contractor had said the owner was interested in
that.
Ponto asked if, since this is a non-contributing structure in a conservation district, the Commission had
any authority to deny vinyl siding. Weitzel said that the Commission can do it if it has a reason. He said
the Commission has the latitude to require wood or fiber cement board if it can justify it.
Terdalkar said he believes that the exception can be made, but the applicant is not entitled to the
exception. Brennan said that as long as the owner meets the four bullet points under exception, vinyl
siding would be allowed. Mikio said the guidelines state, "May be used upon the Commission's approval.'
Gunn said that Section 3.2 gives the Commission the right to essentially drop any of the standards if it
chooses to. He said that is the blanket guideline that gives the Commission the discretion to address
anything and everything. Gunn said that is not the same as the exceptions written over and over that are
exceptions to stricter historic district guidelines. He said this is the first time he has ever heard that they
are exceptions when the Commission decides they're exceptions or not when the Commission decides
they are not.
Maharry said he would have to agree. Ponto said the Commission always encourages people to avoid
vinyl siding, but in this particular case, if the owner is asking for it and meets the four bullet points, the
Commission cannot deny it.
Miklo added that this is a property that, if it were looked at now, would probably be considered
contributing. Carlson said the Commission should make sure that the bullet points are met and that what
trim is there is retained and that the vinyl matches as closely as possible to the original wood siding in
exposure, texture, and design.
Gunn asked if this application is for the vinyl siding and the porch. Terdalkar said that the porch is not on
the table; it is a potentiai project.
Maharry asked if there is evidence that the wood siding is severely deteriorated. Miklo said the owner's
concern is painting and maintaining the wood siding in the future. Maharry said the standards say that
unless it is severely deteriorated, historic siding must not be removed.
MOTION: Gunn moved to approve a certificate of appropriateness for an application for 815 Iowa
Avenue for removal of the porch with the replacement with an original-type porch to be approved
at a later time, as well as, in order of preference, the repair and replacement of the existing wood;
or the replacement of the existing siding with fiber cement board; or, as a last resort, the
application of vinyl siding on the house, in compliance with the exception on page 17 of the
guidelines. Ponto seconded the motion.
Maharry said that there has been no evidence presented that the siding meets the standard of severely
deteriorated. Terdalkar said the owner is not supposed to remove the siding if it is not severely
deteriorated and will therefore have to side over the current siding.
Carison said he wanted to express his discomfort with removing sound, original siding in order to put fiber
cement board on but said he would vote in favor of the motion.
The motion carried on a vote of 7-0.
Minutes for April 27, 2006 Meetina:
MOTION: Carlson moved to defer consideration of the minutes of the Commission's April 27th meeting to
a future meeting. Maharry seconded the motion. The motion carried bv consensus.
Historic Preservation Commission Minutes
May 4, 2006
Page 11
OTHER:
Weitzel said that State Senator Joe Bolkcom had obtained a $250,000 appropriation from the State for
Johnson County, although Weitzel was not certain what the parameters for receiving the money would
be. Miklo said he suspected that it would go into HRDP programs, so someone would have to apply to the
State. Weitzel said it would be an emergency fund and would be available fairly immediately. Miklo said
the money would be for restoration projects.
Weitzel said that a memo was issued regarding the workshop that was held last week. He said that it was
an informational session, and response seemed to be generally favorable.
Miklo said there is also a $10,000 grant to be used to help pay for what insurance settlements do not. He
said the pitch to the National Trust was that the money would primarily be used for repair of wood siding
or replacement of wood siding with fiber cement board instead of vinyl, although it couid be used for other
things such as windows, etc. Miklo said the grant needs to be administered in some fashion, so staff will
be putting together an application form, possibly based on the key, contributing, and non-contributing
status of the building, in terms of priority. He said that the Commission might also want to consider
income guidelines, as well as the visibility of the building in question.
Maharry asked how many more applications for siding would be forthcoming. Terdalkar estimated that
there are 15 to 20 properties with siding damage. He said there are at least 10 to 15 properties that need
siding replacement or repair that would have to receive a certificate of appropriateness.
Miklo reminded Commission members that there would be another special meeting on Thursday, May
11th, at 6:00 p.m. Maharry said he would be out of town and unable to attend. All other members said that
they would be able to attend the meeting, and Terdalkar said that would constitute a quorum.
Terdalkar said that there have been nine issued permits for intermediate reviews and certificates of no
material effect, along with nine certificates approved at tonight's meeting. Maharry suggested that
photographs be taken during the rebuilding process.
ADJOURNMENT: The meeting was adjourned at 8:42 p.m.
Minutes submitted by Anne Schulte
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