HomeMy WebLinkAbout2006-08-22 Bd Comm minutes
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MINUTES
PLANNING AND ZONING COMMISSION
EMMA J. HARVAT HALL
JULY 20, 2006
APPROVED
MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Bob Brooks, Beth Koppes, Terry Smith,
Dean Shannon
MEMBERS EXCUSED: Wally Plahutnik
STAFF PRESENT: Bob Miklo, Sunil Terdalkar, Mitch Behr
OTHERS PRESENT: John Hieronymus, Cal Lewis, Kevin Digmann, Pam Michaud
RECOMMENDATIONS TO CITY COUNCIL:
Recommended approval, by a vote of S-O (Plahutnik absent), SUBOS-00011, a final plat of Hollywood Manor,
Part 9, a 4.84-acre, 12-lot residential subdivision located at the ends of Wetherby Drive and Totting Circle
subject to Staff approval of legal papers and construction drawings prior to consideration by Council.
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 ITEM:
REZ06-00015, discussion of an application submitted by Hieronymus Square Associates for a rezoning of
1.12-acres of property located at 314 & 328 South Clinton Street from Central Business Support (CB-5) zone
to Central Business (CB-10) zone.
Miklo said in 1992 the area generally between Burlington and Court Street was designated for redevelopment
and expansion of the downtown in the Near Southside Plan. The Near Souths ide Plan and 1995 Near
Southside Design Plan are part of the Comprehensive Plan. They were adopted to guide development south
of Burlington Street. The plans emphasize commercial deveiopment between Burlington and Court Streets,
and residential development between Court Street and the railroad track. The plan acknowledges that given
the market there would be some residential development between Court and Burlington Streets. The plans
also address the issues of parking, open space, pedestrian access, traffic circulation, historic preservation and
amenities. The plans encourage that the character of the downtown be transferred south of Burlington Street
and recognize that improvements to Burlington Street will be necessary in order to bridge the two sides of the
street. Miklo said in a related matter, the City Council is currently considering a median landscaping
improvement plan to Burlington Street.
In 1992 the City adopted two new zoning districts to appiy to the Near Southside Neighborhood area, the
Central Business Support zone (CB-5) and the Planned Residential Multi-Family zone (PRM). The relationship
between the CB-10 zone north of Burlington Street and the CB-5 zone south of Burlington Street was intended
to create a hierarchy of taller buildings and more intense development in the downtown core with a step-down
to the CB-5 south of Burlington Street. The CB-10 zone allows for a floor area ratio (FAR) of 10; there is no
building height limit in the CB-10 zone. The airport overlay restricts most of the downtown buildings to between
12 and 14 stories. The CB-5 zone allows a base FAR of 3 and a height maximum of75-feet in the commercial
zone which would allow for six-floors of commercial development with the potential for some residential
development. The CB-5 zone also contains a bonus provision allowing for increase in FAR for projects that
contain public amenities or benefit such as affordable housing and open space.
The applicant's proposal was to rezone the area at the intersection of Clinton and Burlington Streets to CB-10.
The transfer of the CB-1 0 zone to the south side of Burlington Street would be in conflict with the current policy
of having the step down and the transition in intensity and building height. The City would consciously need to
Planning and Zoning Commission Minutes
July 20, 2006
Page 2
change the existing policy to allow this zoning to occur. Staff felt there was some merit to re-examining this
policy which was adopted 14-years ago. Considerations inciuded:
. Are there public interest considerations that would support a change in policy and therefore a change in
zoning?
Staff examined the CB-l0 area closely in the downtown and noted that the current FAR of 10 had not been
achieved anywhere in the downtown area. Most downtown properties had a FAR of 2 or less. Exceptions
included the Iowa State Bank Building & the Sheraton Hotel (FAR of approximately 5); Jefferson Building
(FAR of approximately 6), Vogal House, Whiteway Buiiding (FAR of approximately 6) and the Plaza Towers
(FAR of approximately 4.75). Staff felt that raised the question as to whether a FAR of 10, twice the size of
most of the largest buildings currently in downtown, would be appropriate. Staff felt it might not be
appropriate as the downtown area contained a collection of both historic and contemporary buildings and a
streetscape that the City and private sector had worked hard to maintain. The introduction of such large
buildings would change the character and ambiance of the downtown area.
. Would it be appropriate to consider zoning areas south of Buriington Street CB-l O?
The area between Burlington and Court Street and further south of Court Street did not display the same
character as the core of downtown in terms of streetscape and scale of buildings. There was quite of bit of
under- and undeveloped properties, empty areas and parking lot areas south of Burlington Street. Staff felt it
might be appropriate to encourage the market for higher density properties to develop along Burlington
Street on both the north and south side. That change could have the potential to relieve or to shift the market
for future high-rise development into that area instead of in the downtown core area. Staff felt it might be
appropriate to consider overlays or other controls in the CB-10 zone so that it would not develop at such a
high intensity. Such a change would take considerable study. In the interim staff felt that CB-10 zoning on
the south side of Burlington Street would provide a relief or another alternative location for that intensity of
development.
. If the policy was changed, which areas south of Burlington St. should be considered for rezoning to CB-10?
The City had already received additional requests for CB-10 zoning south of Burlington Street. It was Staffs
feeling that there needed to be a logical extension with parameters. Instead of the City rezoning the entire
area it would be an option to wait for property owners to make a request for rezoning and make a case-by-
case determination in relationship to any new policy that might be adopted.
. Are there conditions that should be applied to any areas rezoned to CB-10 to address the parking and urban
design issues identified by the Near Souths ide Plan and Near Southside Design Plan?
The Near Souths ide Plan discussed parking at length; to address the concern of the potential for parking for
housing to displace or compete with commercial development the City had implemented the Near Souths ide
Parking Facility District. The District allowed properties in the CB-5 to provide residential parking on site but
they were also required to pay a fee for 75% of the required parking spaces for residential units. The thought
was that Council had utilized the 75% requirement to act as a disincentive for residential development and
encourage commercial development. Staff felt that if the CB-10 zone were expanded, the parking impact fee
should be applied in some form.
Miklo said some credence should be given to the Near Southside Design plan which discussed the character
of downtown in terms of scale, building material, sign age, color, etc. to provide guidance for the development
south of Burlington Street and to ensure that the new development would be in character with the downtown.
Staff felt there might be some conditions that the Commission might wish to consider in terms of design of the
developments as they came through the process. A review of the Commission's role had been requested at
the informal meeting. Currently the CB-10 zone did not automatically require a design review through the Staff
Design Review Committee; it was only required if an applicant applied for tax abatement or TIF. There were
some zoning code requirements in terms of articulation of the building that the Building Official would review
as part of the building permit. If a majority of the Commission were concerned about larger issues referred to
in the Near Souths ide Plan, those concerns could be addressed In a Conditional Zoning Agreement.
. Traffic Implications
The Traffic Planners had looked at the proposed design very closely and felt that the proposed circulation
system was appropriate. Jeff Davidson would be in attendance at the next informal meeting to address the
Commission's concerns regarding proposed improvements to Burlington & Clinton Streets and Court Street.
Planning and Zoning Commission Minutes
July 20, 2006
Page 3
. Infrastructure Needs
Sanitary sewer capacity would need to be looked at in the City's Capital Improvement Plan. Regardless of
whether this project went forward, Staff felt sewer upgrades needed to be looked at given the City's policy of
encouraging development in the downtown area.
Summary: The rezoning proposal was not necessariiy consistent with the current policy as adopted in the Near
Souths ide Plan. Staff felt there was some merit to considering higher intensity south of Burlington Street in
order to take some of the development pressure away from the downtown core and to heip preserve the
existing character of the core. Those objectives could be met by rezoning additional land to CB-1 0 zone on the
south side of Burlington Street and/or looking at further regulations in the core of downtown itself to prevent
over intensity of development, which could be done independently of this application. Staff recommended
deferral of the application until the issue of policy change be resolved.
Eastham asked if Staff were suggesting that the Commission could look at this particular rezoning request
independently and not rezone large parts of the area south of Burlington Street.
Miklo said that was correct, the City would not see this as a spot zoning as the area had a very clear
relationship to the area just north of Burlington Street. In the near future the Commission would have additional
rezoning requests for the general area being discussed.
Public discussion was opened.
John Hieronvmus, Managing Partner of Hieronymi Partners; Kevin Digmann, Hodge Construction; Cal Lewis,
architect; Dwight Doverstein, Neumann Monson.
Hieronymus said his mother, Frieda, had been a key figure in the development of downtown. Her vision for
Iowa City had always been that it would always be more than just a campus town for the University. When
urban renewal had become stalled, Frieda had stepped forward and put together some local investment
groups to try to salvage the stale environment for the rebuilding of downtown. Her biggest undertakings had
been Plaza Centre One on the Ped Mall; the development of Old Capitol Mall; and Capitol House - a 5-story
low income elderly housing endeavor. He was trying to follow in his mother's viewpoint in what could be done
for the community and for downtown. Over a long period of time, Frieda had amassed several small parcels of
land which when put together comprised much of the block being discussed. The City had taken a large
portion of it for the parking ramp, but his family was left with 2/3 of one-half of the block to develop. His mother
had also always felt that Iowa City lacked quality office space.
At Staff's request his project team had put together a PowerPoint to provide a complete picture of the building,
the vision for this particular area and why they were requesting the rezoning.
Cal Lewis, said the project team had been working together for the past year and also with City Staff to make
sure their efforts were consistent with Staff's ideas for the evolution of Iowa City. In 1993, Frieda had involved
him in the current project for the first time. At that time she had been 80+ years old and had told him of her
concerns for the future of Iowa City. Her inspiration had stuck with him for the last 13-years that he'd been
involved with the project.
PowerPoint presentation
Lewis said in the initial analysis phase the team had considered:
the communitv itself including its architectural heritage, its diversity, the connection of the UI to downtown Iowa
City.
Traffic _ Historically Burlington Street had been seen as a barrier to be jumped over. The project team felt that
Staff was correct in viewing Burlington as a connector, a place to focus new development, high-density,
commercial.
Creating a safe environment for oedestrians & encouraaina foot traffic in the downtown area. This had started
with the evolution of the Ped Mall. The connection between the campus and the city strongly encouraged that
type of interaction. They wanted to maintain that connection.
Parkina Structures - Three structures within one block was a positive feature. They were interested in creating
streetscape interaction rather than what was generated by a parking garage.
Scale - The CB-10 zoning and the increased density allowed by the FAR would be compatible with the
existing high vertical expression buildings.
Planning and Zoning Commission Minutes
July 20, 2006
Page 4 "
Existinq buffer - The court house and post office were fixed; a stable environment so that the developers could
be assured that the area was going to remain that way" It created a safe edge and a buffer to any other kinds
of scale developments that might want to occur south of Burlington Street
Lewis said they'd provided a visual pre-view. The number one question for the Commission to consider was
did they think this project would be an asset to Iowa City? Would CB-10 zoning on this site help to facilitate
this project or a similar project? If Burlington was seen as the gathering place of new development rather than
a barrier, this site became a natural and appropriate place for this project to occur. This development was not
taking away things or changing the scale of the urban downtown fabric or pushing into lower scale residential
areas. It was filling a need in a very concentrated area. What needed to be done to take advantage of this very
unique site and this very special window of opportunity?
Lewis said there was a team of developers willing to invest $40 million of their money into this project, right
now. That $40 million was only the tip of the iceberg in terms of the benefits both economic and cultural,
getting the quality of people that would be attracted to come and live in this place and all the resources that
they could help share with the City and create the quality of lifestyle that Iowa City aspired to. They would be a
very positive, reinforcing group to heip that process occur.
Kevin Diqmann, Hodge Construction, said they'd been working on this project for a year. They'd analyzed
what was south of Burlington and what was avaiiable in the short run that could potentially be developed. They
were all very anxious to get going on this project, they'd heard a iot of support from the community for the
project, it would be a good thing for downtown. He understood that the zoning needed to be looked at but
looking at their project and what surrounded it, it would not affect anyone in the short term.
Miklo said it was Staffs opinion that this application could go ahead independently, but the policy for the larger
area needed to be looked at If the decision was made that CB-10 zoning was appropriate south of Burlington,
then the Commission could go forward with the rezoning without waiting on looking at the other areas.
Eastham asked Hieronymus if he wished that they were on the other side of Burlington Street Hieronymus
said no; his mother had started putting together property approximately 30 years ago. At that point, she'd
always seen that the City had to grow to the south. It was enclosed in a nine-block area primarily by the
University and by City buildings. If the City were to grow at all, which it needed to do to stay vibrant, it would
have to grow to the south of Burlington Street She'd put together this parcel of land because she'd believed
that it was the most appropriate place to have it done.
Smith asked what was the time frame Hieronymus was working under and what was the criticality of getting
some direction from the Commission.
Hieronymus said they'd been working with this particular developer for a year. The project had been at the
point of construction drawings in 1995. They'd removed smaller structures that had been in the way then.
Hodge Construction and Hieronymi Partnership had formed a joint venture which had had a life of 18 months
to investigate this idea and to see if they could come up with a project that they believed would fit the vision of
what Hieronymi Partnership wanted and would be a doable and reasonable project for Hodge Construction to
become involved with. They'd since discussed extending the project another 6-months. One year of that time
had now passed, this was the first critical step in getting the project done. If the zoning didn't change, they
would not be able to build this building. After this step came several others before they could even begin to
market and see if they could get the type of commitments that were financially necessary to build this building.
That would also be critical as to whether or not they could achieve this project.
Smith asked Hieronymus if he would be willing to extend the 45-day limitation period past the 7/31/06 date"
Hieronymus said Staff had asked them if they'd be wiling to grant an extension. If the Commission saw this as
an independent project and would go ahead and vote on it, they could move forward. If the Commission didn't
feel that they could do that, then perhaps they could extend until the Commission's next formal meeting. The
project team was already on a time crunch in connecting their partnership to see if this project could even be
done. They had one year to get it to the point of being ready to break ground.
Planning and Zoning Commission Minutes
July 20, 2006
Page 5
Freerks said she appreciated their desire to move forward quickly but the Commission had just received their
information packets that week-end. She felt the Commission owed it to the community and to the project team
to spend more time and consideration on the application. She hoped that they'd be willing to extend the
limitation period, it would be to everyone's benefit not to speed through it.
Digmann said at the infonnal meeting they'd looked at how they could shift the building on the site and other
modifications. They'd not spent a year planning without looking at many designs/options in order to get the
best of both worlds. They'd tried to locate the building on the site so it would maximize views for everyone and
to create the lower level to be as pedestrian friendly as possible.
Eastham asked if they'd calculated the FAR and the number of residential units.
Hieronymus said the FAR was right at 5. Lewis said approximately 150 residential units with approximately
250 bedrooms, there would be some variability depending on exactly which mix they ended up with.
Koppes asked what were the 100 parking spots within the building designated for?
Digmann said it was planned for residential; however until they knew they had the go ahead they were not set
on the mid-rise condo units. They wanted to keep those floors flexible, they might end up commercial or
something else.
Eastham asked if they were planning on changing the design depending on what the market analysis showed.
Digmann said if they were successful with the CB-10 rezoning they would continue with this design on the
outside. If they had a retail tenant that needed different square footage, they would "bump up" the first level to
accommodate. They wanted to keep it as flexible as possible. They didn't anticipate changing the footprint
very dramatically for any particular user at this point. They'd tried to be flexible enough in design to
accommodate any tenant.
Lewis said one of the things they'd focused on was a design base that had enough flexibiiity that it could
accommodate different use types. It was very systemic so it could be efficient to build. There was a module
that dealt with housing, a model for office, etc. They didn't want to reorganize the building, but within the basic
frame work they'd tried to build in some flexibility of use which one had to do as an intelligent developer when
you couldn't go out and market until you knew you had a project. Flexible intelligent planning. In consideration
of all their investments to date, they didn't want to have to redesign the building.
Pam Michaud, 109 S. Johnson Street, said she'd lived in Iowa City for 33 years including downtown near
College Green Park on Johnson Street for 16 years. Her concern was that the applicant was asking for more
than double density. Had they built in any sustainable or "green" features in the building with either recycled
materials or reused content or Leadership in Energy and Environmental Design (LEED) recommendations that
would be appropriate for this site. She'd done research on incorporating sustainable materials in to the
building, solar heated water, things that wouldn't put an additional drain on city resources. She thought the
design was very innovative and liked a lot of the building's elements which had been very carefully considered.
Normal, Illinois, on its website homepage had a statement regarding all new construction involving green
features being incorporated. Michaud distributed a definition/ informational handout to the Commission.
Public discussion was closed.
Cal Lewis said these types of issues had been considered at the initial stage of the project. Issues of the
environment, energy and sustainability were very critical; it was an integral part of the way he thought about
architecture. Specificity of LBED and LBED requirements was a whole layer of effectiveness. Big picture
issues had been addressed from the beginning.
Miklo asked the applicant to clarify if they were waiving the 45-day limitation period to August 3, 2006.
Hieronymus said they'd like to wait and hear what the Commission was willing to do, if they'd go ahead and
vote the project team would appreciate that opportunity. If the Commission felt they couldn't vote, the team
didn't want the project to die at this point because they couldn't get the zoning changed.
Smith asked if the building as proposed was within the CB-10 zoning requirement(s).
Planning and Zoning Commission Minutes
July 20, 2006
Page 6
Miklo said there was some question if the ground level met the store fronts requirements. Staff had been
working with the applicant, they were almost there, but there were still some things in question. In terms of
height and FAR, it was compliant.
Smith said given the fact that the proposal was not consistent with Plans that were 14-years old, was it correct
that the existing Plans were a part of policy but not necessarily a part of City Code? Was there a legal
obligation for the Commission to move fOlWard with modification of the Plans prior to moving fOlWard with the
rezoning or did the Commission have the latitude to consider one ahead of the other or both in parallel?
Behr said he thought the Comprehensive Plan would need to be amended. If the Commission wished to
recommend the rezoning, they could do both at the same time. Technically the Comprehensive Plan
amendment would precede it, but both could go through the Commission at the same time.
Koppes said a public hearing would be required which would have to be announced so they could not decide
both items at the current meeting.
Behr said if the Commission wished to vote yet that evening, they could 'catch up' with it. it could be held at
the Council level and the Commission could follow with a Comprehensive Plan Amendment.
Miklo said Staff would not advise voting on the zoning until the policy decision had been answered. He was not
sure if an amendment to the Comprehensive Plan would be necessary or not. They first needed to decide if
they were changing the policy, then decide if an actual amendment was needed, then they'd have to go
through a formal amendment to the Comprehensive Plan.
Brooks said one of the applicants had said that they'd spent the last year developing their plans. To expect the
Commission to take this, contemplate it in a short period and make the decision to change something that was
fairly significant to the future growth and functionality of the downtown was not feasible. There were a lot of
issues that needed to be discussed and ironed out. Regardless of whether the rezoning went fOlWard, there
was a whole policy discussion that needed to take place including the Parking impact Fee District. He felt that
the Commission had a lot of homework ahead of them before he would feel comfortable voting on a rezoning.
Freerks said she agreed. The Commission needed to give some direction regarding the whole concept of
moving the zoning south of Burlington and how the Commission felt about items identified for consideration by
Staff. Also discussion about the building on its own space as well. She felt there was a lot of merit to moving
the CB-10 zoning across Burlington Street and in terms of protecting the wonderful features that were already
in place in downtown. They needed to discuss a FAR of 10 or if they wanted to cut it back down a little to
something more realistic. No development had even come close to reaching that scale. They also needed to
discuss, if they were to recommend a rezoning would it be piece-by-piece or an overall rezoning.
Freerks said the applicant had done a good job of not putting a building on the entire block, of not filling in the
entire block. However, who was to say that the next applicant wouldn't want to do so. They needed to consider
all the scenarios that could come fOlWard. She appreciated that the applicant had addressed some of the
concerns that she'd voiced at the informal meeting. With respect to the glass and ambiance created by the
building, as a pedestrian who might never enter the facility, she wanted to consider how pedestrians would feel
walking under the glassed area. She'd heard of glass sky-scrapers in other cities creating 'ghost towns' of
areas where there was very little street life.
Freerks said it was very important to her to make sure that people would feel invited into the open space. She
felt that the applicant understood what she meant, but a CZA would be a tool to help the Commission feel
more comfortable in specifying conditions in the City's best interest associated with this project.
Trees: The trees were shown to grow up against the building's overhang. How would that work in terms of
future growth for the trees. Miklo said the trees would be in the right-of-way, it would have to be a careful
choice of trees in consultation with the City Forrester
Courtyard and Service Area: After seeing the visual presentation and from comments made by the architect,
that area seemed to be more vehicular oriented. People living in the building would have pets, where would
they go with their pets? She asked if there could be more green space, an area to be really enjoyed by people.
She wanted to see the open space be a real asset and hadn't noted too much green space in the visuals.
Planning and Zoning Commission Minutes
July 20, 2006
Page 7
Streetscaoe and Courtvard: It would be very important for them to invite people in. She wanted the area to be
the best that it could be. Then hopefully everyone else who built a development in the future could do
something as wonderful as their project.
Eastham said Staff had requested the Commission to consider extending higher density multi-level
development across Burlington Street. From what he'd heard so far, he saw a number of reasons to support
the change. If there was a majority of the Commission who felt the same, he thought the decision could be
made relatively speedily but not that evening. The question remained, did this particular proposal meet design
criteria. His interest was not to confuse the developer or himself; he personally preferred that they adhere to
the existing design criteria and processes that were in the Zoning Code.
Smith said it looked like a good project. He applauded the team, their time, effort and expense that they'd
already put into the project. There were some policy decisions that needed to be made. There seemed to be
some consensus that the project was heading in the right direction. He didn't feel there was a reason to
penalize the team or this project based on the fact that the Commission needed to make policy decisions.
Motion: Smith made a motion to approve REZ06-00015, a rezoning of 1.12-acres of property located at314 &
328 South Clinton Street from Central Business Support (CB-5) zone to Central Business (CB-10) zone.
Shannon seconded the motion.
Smith said the Commission should challenge themselves to move forward with the appropriate policy changes.
Koppes said she would prefer that the Commission defer their vote in order to discuss parking issues and the
Parking District Fee. It seemed that the general consensus was that CB-1 0 zoning would be appropriate.
Miklo said for a CB-5 zone south of Burlington Street, developers were required to pay a fee for 75% of the
required parking spaces for residential units. A CB-10 zone required no residential parking and the fee would
not apply to this property unless it was made a condition of the rezoning. Staff had a concern for the equity
issue of the other property owners in that same parking impact district that had been paying into that fund and
for future developments. Staff didn't feel the parking had been adequately addressed and suggested a deferral
in order to allow time for the discussion to occur.
Eastham said Smith's was a good motion, however he wished to suggest tabling the motion until the next
meeting in order to allow Staff time to prepare a set of recommendations in terms of the Comprehensive Plan
and the provisions which would apply to this project. He was in agreement to move forward as quickly as
possible, but yet that evening was not necessary. He felt it would be advisable to have as many members of
the Commission present as possible.
Miklo said a probable time schedule would be at the next meeting to identify and come to terms regarding any
conditions such as parking, traffic, mix of uses in the building, green space in the courtyard. Staff would need
to decide if an amendment to the Comprehensive Plan would be needed and a public hearing set for August
17. Then they could vote on both the Comprehensive Plan amendment and the rezoning and send both on to
Council.
Freerks said she did not feel comfortable making these types of decisions in such a rushed manner; it would
set a precedent for others looking for a rezoning. There were way too may unanswered questions; she wanted
to be sure that every1hing was in line with what other people were allowed and required to do.
Brooks said his intent was not to vote down the application but to give the Commission another two weeks or
what ever time was required to iron out the unresolved issues so he could feel comfortable voting on it. He
wanted to be sure that the Commission was not setting any precedents or sending any messages to others
who would ask for comparable zoning changes in the future. It would be nice if the Commission could have a
year to understand and develop this scenario, but they didn't.
Miklo said typically the Commission took two meetings to discuss and consider major rezoning requests. The
applicant had met the deadline to have their application on the previous agenda but given the significance of
the requested rezoning, the magnitude of the project, potential impact on the community and the change in
policy, Staff had taken an extra two weeks to prepare the staff report.
Planning and Zoning Commission Minutes
July 20, 2006
Page B "
Eastham requested Smith and Shannon to withdraw their motion. Brooks said he sensed that everyone was
excited about the project but it was more a process question and the need to feel comfortable that all issues
had been clarified before they voted on it. He personally wanted to make sure that they were not agreeing to
something that would later come back to bite the Commission. He was not ready to make that commitment
yet. Freerks agreed.
Smith said he did not want to see the project faii, in the interest of preserving the project he would withdraw his
motion.
Shannon said he would withdraw his second. He wanted the Commission to do this correctly but didn't want to
see the discussion get bogged down and talked to death as had occurred in the past. The big items and
political decisions would be made at the Council level. The project would be an asset to the community.
Brooks asked the developer if they could anticipate an extension until August 17 at the latest. There appeared
to be general support for the project; the Commission had had only a few days to think about the project while
the project team had had years to think about the project. The Commission represented the citizens and the
interests of the community. They needed to be able to provide a well prepared and thoughtful position and
policy to the Council.
Digmann said they'd been visiting with the City for 6-months regarding this project. To hear that the
Commission had just heard about it two days ago was a surprise to him. They'd already invested a lot of time
and money, they wanted to go through the steps and get the project done. Digmann said if given any
extension, the Commission would take that long to make a decision. He'd agree to August 3'" and then revisit
the issue. Hieronymus said they'd be willing to defer to August 3"'" If it went beyond August 3'" they'd have to
consider if it would be better to go to the Council without a recommendation from the Commission. They saw
theirs as an independent request and they couldn't move forward until they'd gone through the whoie process.
Smith made a motion to defer REZ06-00015 until August 3, 2006. Eastham seconded"
The motion passed on a vote of 6-0 (Plahutnik absent).
REZONING 1 DEVELOPMENT ITEM:
REZ06-00010/SUB06-0000B, discussion of an application submitted by Don Cochran for a rezoning from
Interim Development Single-Family Residential (ID-RS) zone to Low-Density Single-Family (RS-5) zone and a
preliminary plat and a final plat of McCoilister Subdivision, a 2-lot, 9.53-acre residential subdivision located
east of South Giibert Street and west of Sandusky Drive.
Terdalkar said the property was an Iowa City landmark and listed in the National Register of Historic Places.
There was no new construction proposed on the property at this time, just a subdivision in to two residential
lots. The parcel contained woodlands, groves, isolated large trees, sensitive, and protected slopes. The plat
did not delineate the construction areas nor the specific development area on lot two. The extent of the
sensitive areas that would be disturbed was unknown. The applicant had been informed of the deficiencies
and had indicated that they would submit new drawings but had not done so yet. Staff recommended deferring
the application.
Public discussion was opened. There was none. Public discussion was closed.
Motion: Koppes made a motion to defer REZ06-0001 0/SUB06-00008 until 8/3/06. Smith seconded.
The motion passed on a vote of 6-0 (Plahutnik absent)"
SUBDIVISION ITEM:
SUB06-00011, discussion of an application submitted by ST Enterprises LC for a final plat of Hollywood Manor
Part 9, a 12-lot, 4.84 acre residential subdivision located west of Russell Drive and south of Burns Avenue.
Planning and Zoning Commission Minutes
July 20, 2006
Page 9
Miklo said the plat was in order. Staff recommended approval of the plat subject to approval of legal papers
and construction drawings prior to consideration by Council.
Public discussion was opened. There was none. Public discussion was closed.
Motion: Freerks made a motion to approve SUB06-00011, a final plat of Hollywood Manor Part 9, a 12-lot,
4.84-acre residential subdivision located at the ends of Wetherby Drive and Totting Circle subject to Staff
approval of legal papers and construction drawings prior to consideration by Council. Eastham seconded.
The motion passed on a vote of 6-0 (Plahutnik absent).
OTHER ITEMS:
There were none.
CONSIDERATION OF 7/6/06 MEETING MINUTES:
Motion: Eastham made a motion to approve the minutes as typed and corrected. Koppes seconded.
The motion passed on a vote of 6-0 (Piahutnik absent).
ADJOURNMENT:
Motion: Smith made a motion to adjourn the meeting at 9:24 pm. Eastham seconded.
The motion carried on a vote of 6-0 (Plahutnik absent).
Elizabeth Koppes, Secretary
Minutes submitted by Candy Barnhill
s:fpcdlminutesIP&ZJ2006107 -20-OO.doc
Iowa City Planning & Zoning Commission
Attendance Record
2006
FORMAL MEETING
Term
Name Expires 1/5 1/19 2/2 2/16 3/2 4/6 4/20 5/18 6/1 6/15 7/6 7/20
B. Brooks 05/10 X X X X X X X X X OlE X X
C. Eastham 05/11 -- -- -- -- X X X X X
A. Freerks 05/08 X X X X X DIE X X X OlE X X
E.KoDDes 05/07 OlE X X X X X X X X X OlE X
W Plahutnik 05/10 X OlE X X X X X X X X DIE DIE
D.Shannon 05/08 X X X OlE X X OlE X X X X X
T. Smith 05/06 X X OlE X X X X X X OlE OlE X
INFORMAL MEETING
Term
Name Exoires 2/13 2/27 4/17 5/15 7/17
B. Brooks 05/10 X X X X X
C. Eastham 05/11 -- -- -- X X
A. Freerks 05/08 X X X X X
E.KoDDes 05/07 X X X X X
W Plahutnik 05/10 X X X X OlE
D. Shannon 05/08 OlE 0 OlE X X
T. Smith 05/06 X X X DIE X
Key:
X = Present
0 = Absent
DIE = Absent/Excused
MINUTES
IOWA CITY PUBLIC ART ADVISORY COMMITTEE
THURSDAY, JULY 6,2006,3:30 P.M.
LOBBY CONFERENCE ROOM, CITY HALL
APPROVED
[;[
Members Present:
Charles Felling, Rick Fosse, Emily Martin, Mark Seabold, DeLayne Williamson
Members Absent:
Emily Carter-Walsh, Terry Trueblood
Staff Present:
Karin Franklin, Brian Boelk
Call to Order
Seabold called the meeting to order.
Public discussion of anv item not on the aoenda
In response to a question from Seabold, Franklin reported she and Klingaman attended the Iowa Public
Art Network meeting in Waterloo/Cedar Falls and learned about the public art programs there, which have
a close affiliation with University of Northern Iowa. Some faculty members are very active in the programs
in terms of their own participation, as well as encouraging student participation. The production and
business of art is very much a part of UNI's curriculum as well. They had a panel of artists, three of whom
were students, and the students spoke confidently about their work, including commissioned work they
had already done while still undergraduates.
Franklin said the programs are also strongly supported by the cities. The Waterloo program is located in
something like a cultural center, which includes a museum, performing arts, and visual arts. There is also
a lot of collaborative work to bring private money into the programs. She added this was all very
interesting in light of efforts to encourage more participation from UI, though the focus of the art programs
at UI and UNI are very different. It was suggested at the meeting that the program at UI emphasizes the
creative process more than the aspects of making the pieces and getting commissions. Martin agreed the
UI art programs do not discuss the business end of art.
Franklin said she heard a UI course was under development in the Pappajohn building that would discuss
the business end of art. Martin said artists end up having to learn about that aspect without having any
sort of background or introductory discussion. Franklin said in her experience, artists who are
knowledgeable and work the business end of things well are much easier to work with.
Franklin said Klingaman also attended the America for the Arts pre-conference in Milwaukee in June, and
will report on that at a later meeting.
Seabold said he wrote a short piece about the Iowa City program, parts of which were included on an
editorial page in the Des Moines Register the week before that discussed public art in Iowa in general.
The Register piece mostly highlighted ISU's program, saying they had the largest collection in terms of
artwork both on campus and beyond. Franklin questioned that noting the UI has an outstanding collection
just in the hospital.
Seabold said his contact at the Register said she would coach him on turning a press release or news
story into an editorial that could be published at a later date.
Consideration of the Minutes of the June 1. 2006 Meetino Minutes
Martin noted some errors in spelling and attribution in the minutes.
MOTION: Fosse moved to accept the minutes as amended. Martin seconded, and the motion passed on
a unanimous vote by those present.
Consideration of a call for artists for the Grand Avenue Roundabout Proiect
Fosse introduced Boelk, who is a senior engineer who has been doing the design on the project, so will
be able to answer more detailed questions on the project.
Franklin suggested going through the draft of the Call and discussing some specific points. The first thing
to consider is what sort of piece the committee is looking for. The proposal currently asks for an artistic
Iowa City Public Art Advisory Committee Minutes
July 6, 2006
Page 2
element, without specifying a particular type, such as a sculpture. However, if the committee wants a
sculpture, this could be changed. Franklin said it could also be softscape, such as landscaping, as well as
hardscape. The committee needs to decide whether they would iike to have someone who designs the
whole area or just a specific part of it.
Franklin noted on the illustration page that the entire circle is 51 feet in diameter, but the piece the artist
would be dealing with is 31 feet in diameter. There is a 10-foot apron around the outside, which is
mountable so trucks can bump up against it without doing any harm. There will also be a curb between
the interior circle and the apron. The apron will be grey, stamped concrete similar to the medians in South
Grand Avenue.
Franklin continued by saying the committee could ask someone to do design for the entire area, though
the cost will increase if elements are included beyond a sculpture. When the budget is decided, that will
also be an indicator to the artist how much can be done with the space.
Fosse noted there is a steam tunnel that goes under the area, so it would be helpful to have the art
"plopable", to allow it to be moved for occasional steam tunnel maintenance, if necessary. That does not
preclude landscaping, but other permanent elements will be more expensive to remove and replace.
Franklin said the current plan is for the project to be funded jointly by the city and the University, though
that has not been confirmed yet. That would include only the roundabout part. She said she consulted
with University personnel about whether there was an obligation to put a percentage into art for the
nearby parking ramp. There is not, so there is no money readily available at this time from the University
to help with the art aspect of the project. However, she expects they would like to have a role in deciding
what goes into the art project. The University still believes this one-way system is temporary, and that
there will be a two-way road that goes past the Athletic Learning Center, which is the new building on the
north side of Melrose east of the new parking lot.
Franklin said there has been debate in the community whether Melrose would cut a diagonal path to
Burlington. There was a joint city-University-community planning project that eventually settled on the
current solution of having one-way traffic flow around the area on Melrose, with another lane against the
flow on Grand Avenue that gives access to the emergency services. The roundabout is being put in to
better manage the traffic flow in that contra-lane. The University's position has historically been that traffic
should run diagonally through the area, which is not something the city has supported. It is an ongoing
discussion. She added the ongoing discussion is pertinent to Fosse's statement about movability in the
piece, because having something in the middle of the roundabout might imply permanence. Given that
the University will be involved in some manner with the art aspect of the project, it would be helpful to
pursue something that could be moved.
Martin asked whether the call should specify a sculpture. Franklin said if that is what the committee would
like to pursue, that could be specified. Martin said a sculpture would be something potentially moveable,
and is easily described. Franklin asked if there was consensus on asking for a sculpture. The committee
members present agreed. Fosse suggested not limiting the call to a single sculpture, since the area is
fairly large. He added that ideally the artists would work in a 28-foot diameter area, to allow for the curb
and signage.
Williamson asked whether the object should be stationary, so it is not distracting for traffic. Fosse agreed
that specifying the piece is not kinetic would be preferable. Martin asked about having something that
blocks line of sight across the roundabout. Fosse said he has heard that is a good thing to look for.
Franklin asked for confirmation that the roundabout will be constructed in 2007. Boelk said yes. Franklin
said asking for submissions by October would mean Council would not approve any1hing until November,
giving six months for fabrication. That would allow placement by July 2007. She asked if that would be a
reasonable time to suggest, or too soon. Fosse said it would be too soon, because the roundabout
construction likely would begin in summer after graduation, so August completion would be more likely.
Boelk said it would need to be installed before construction is complete, because access in the area
would be crowded after the roundabout is complete.
Fosse suggested having the piece be available for installation in July. Franklin suggested July 15. She
asked whether October submissions would give enough time for fabrication. The committee members
Iowa City Public Art Advisory Committee Minutes
July 6, 2006
Page 3
agreed that was enough time. Franklin said she would change the call to specify sculptures. Boelk asked
if any other landscaping would be included. Franklin said no, the artist would likely be responsible solely
for the sculpture. The city would have to do any necessary landscaping, which will probably playoff of the
installed piece. It could even be cobbles or some other hard surface.
Franklin said one of the purposes of the project is to draw attention to the roundabout. One of the reasons
for the visual blockage is so the driver is focused on staying in one lane and is not distracted by other
cars entering and exiting the flow. Something either broad or a group of items are likely to be needed to
accomplish those goals, but those specifications have not been written into the call yet. She asked
whether that should be included. Fosse said yes.
Franklin asked whether the committee would like to specify that the piece should not encourage
pedestrian traffic near it. Martin agreed that should be spelled out. Fosse said the wording often used is
the piece should not be inviting to pedestrians. Franklin asked whether the additional attachments
regarding illumination and landscaping should be included. The points made in the landscaping
attachment are to make it more conspicuous and attractive. She noted some of the guidelines are more
specifically for the splitter islands, however.
Fosse said there are two aspects of lighting, both for lighting the intersection and light as a component of
the art. Light can be incorporated into the art as long as it does not cause glare in drivers' eyes. Even
surface lights would need to be shielded to direct the light only at the piece and away from drivers' eyes.
Seabold said illumination could also be a part of the art, however. Fosse suggested stating any
illumination elements should avoid glare in drivers' eyes.
Franklin asked if the illumination attachments would be confusing and therefore should not be included
with the call packet. The statement about illumination would be included in the call itself. Fosse agreed,
since the attachment focuses more on illumination of the intersection, which Is independent from the art.
He added that, in terms of illumination, water elements such as a fountain should not be an option in the
piece.
Franklin asked whether the statement about incorporating directional cues was understandable. Seabold
and Martin said yes. Seabold asked about what kinds of directional guides should be incorporated. Fosse
said that is under investigation in terms of reflectivity standards. Franklin said she did not think the one in
Coralville had directional markers in the middle[ed. Coralville's roundabout does have signs at the lane
entries as well as chevrons incorporated into the wall]. Boelk said he thinks that intersection relies on
lighting and the chevrons in the limestone blocks.
Franklin asked what the plan is for illumination in the Grand Avenue intersection. Boelk said the
University is proposing to take out the existing lights and put in new shoebox type lighting angled to the
corners to help illuminate the intersection. Fosse said it would be good to remove the current Queen Ann
lights from the area, because they do cause glare. Franklin asked whether the intersection would have
adequate lighting. Fosse said it is too early to say.
Franklin asked how much and at what point the committee would like to involve the University and the
neighborhood in the discussion. The University should be involved as a matter of courtesy, and the
neighborhood has expressed concerns about this project. Involving the neighborhood in the project would
be one way to engage them. Felling said there could be some friction between the University and the
neighborhood. Franklin noted that having the different groups meet and be involved in the process could
be a positive thing. Martin agreed involving the neighborhood early on might avoid some friction later on.
Williamson said having representatives at the meeting to see why things are being done might help the
process. Franklin said what has been done in the past is to have the different groups contribute during the
selection phase after the proposals are received. Either there could be a second, separate committee, or
just include additional people in the meeting when the Public Art committee reviews the proposals. That
can be decided later, however. The call will simply state that the University will be represented in the
selection process.
Franklin said the last three bullets are included in all calls. However, if the call specifies the piece needs
to be ready to install by July 15, but the project is not ready and installation is delayed, that would make it
difficult to have the artist be responsible for installation. Fosse said ideally the artist would be available at
Iowa City Public Art Advisory Committee Minutes
July 6, 2006
Page 4
the time of instaHation, but otherwise instaHation instructions could be requested. Franklin said even if the
artist is present for instaHation, the city crews are the ones who actuaHy do the work. Fosse said that
would be fine.
Fosse suggested adding "vandal resistant" to the bullet point about durable materials. Franklin noted that,
and asked if there was anything else that should be added. She said she has noted the point about the
piece not being kinetic. Boelk said another involved party would be UIHC. Franklin agreed they do
consider themselves somewhat separate from the University.
Franklin said the amount available right now in the public art budget is $70,675.00. There are project
instaHations that the committee is committed to that wiH reduce that. Birds in Flight will be instaHed July
13. Wetherby is moving along, and Melrose is moving also, though slowly. It is possible the Melrose
money will not be spent until spring 2007. Even if another neighborhood begins planning a project, they
probably would not spend any money until next fiscai year.
Fosse said $35K would likely not be enough to build something on the scale and quality the committee
would like. Seabold agreed. Franklin asked what the total cost of the roundabout project would be. Boelk
said he does not have the current information on hand. Franklin suggested planning for one percent of
the project. Fosse said that would be about $35-40K. Frankiin said $35K would get something on the
scale of the pieces in the pedestrian mall.
Fosse said this piece will have a lot of mass, which will raise the price. Franklin asked if $50-75K would
be reasonable. Seabold said yes. Franklin suggested not specifying an amount in the call, to see what
artists propose and then plan on fundraising if there is a desireable but costly piece submitted. Martin
agreed that would make sense for this particular project. Williamson said this might encourage people to
submit projects who would not submit for a lower amount. Franklin said she would change the phrasing
for the budget in the call. Seabold suggested making some statement indicating a significant budget is
possible.
Franklin reviewed the rest of the call information. Seabold suggesting spelling out PCC. Fosse said if the
artist has a different stamp pattern for the apron, using it is fine as long as it is a standard stamp. He said
it is important that it is mountable, but also visually distinct from the roadway.
Franklin said the design considerations usually address what the committee is looking for in terms of the
aesthetic. Fosse said there should be a directional traffic control component. Franklin asked if there is a
theme or particular element the group would like, or if it will be left up to the artist. Seabold said the
directional component gives an interesting constraint already. Fosse suggested saying it should work in
the context of the University, that is, among institutional buildings. Williamson suggested something that
ties the city, University, and hospital together. She added that she prefers leaving the options open in this
area.
Franklin said submission materials are standard. Fosse asked whether the committee is looking for
currently available works, or concepts. Franklin said that should be changed to concepts, and that it wiH
ask for electronic submissions. She asked for any additional feedback to be emailed to her prior to the
August meeting.
Fosse noted UI is working on a new landscaping plan for the entrance of the Field House. Boelk said he
would keep in contact with them about that.
Committee time/Uodates/Other business
Birds in Flight
Seabold said it would be installed on July 14. There will be seven birds instead of five. Fosse said the
ground around the poles will look rugged for a while after instaHation, but in a few months things will look
as the committee envisioned with the poles rising out of tall grass.
Distribution of Glimpse
Seabold displayed materials for the committee. Franklin asked if Klingaman contacted him about printing.
Seabold said yes, that probably at the end of July there would be a run of color maps printed. He has
some ideas on where to put some of them. Martin suggested the public library, Iowa Memorial Union, UI
Iowa City Public Art Advisory Committee Minutes
July 6, 2006
Page 5
library, and the Chamber of Commerce as additional placement options. Williamson suggested hotels as
well.
Franklin said the plan is to also put the map on the web. Seabold said it is already online. Franklin asked
if it is readable on letter-sized paper. Seabold said it is, though it is designed to be printed on ledger-sized
paper. Martin suggested adding a note on the web page of where to get a hardcopy map if the small map
is nol readable.
Other publicity
No discussion.
Adiournment
There being no further business to come before the committee, Williamson moved to adjourn. Fosse
seconded and the meeting adjourned a14:35 p.m.
s:lpcdlminulesIPublicArtl2006107-06-06.dOC
Public Art Advisory Committee
i Attendance Record
2006
i Term
i Name Expires 1/05 2/2 3/2 4/6 6/1 7/6
Emily Carter Walsh 01/01/08 OlE X OlE X X OlE
Charles Fellin!!: 01/01/09 X X X X X X
DaLayne Williamson 01/01/09 X X X X X X
Emily Martin 01/01/08 X OlE X X OlE X
Mark Seabold 01/01/07 X X X X X X
Rick Fosse X X OlE X X X
Terry Trueblood X X X X X OlE
Key:
X = Present
0 = Absent
I OlE = AbsentnExcused
I
,
i
I
I
I
,
I
I
!
~ Iowa City
~Public Library
MINUTES
IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES
REGULAR MEETING
THURSDAY, June 22, 2006
5:00 PM
I 2~(;)_
Agenda Item 3A
FINAL APPROVED
Members Present: Thomas Dean, William Korf, Thomas Martin, Linzee McCray, Leon Spies,
David VanDusseldorp
Members Absent: Meredith Rich-Chappell, Pat Schnack
Staff Present: Barb Black, Terri Byers, Maeve Clark, Susan Craig, Beth Daly, Debb Green,
Patty McCarthy, Hal Penick
Guests Present:
CALL TO ORDER: The meeting was called to order at 5:15 pm.
PUBLIC DISCUSSION: None
APPROVAL OF MINUTES:
The minutes of the regular meeting of May 25, 2006 were approved with one change: "Set Agenda Order for
May Meeting" should read, "Set Agenda Order for June Meeting": Korf / McCray, unanimous.
EXECUTIVE SESSION:
In response to a request from Director Susan Craig, a motion was made to move into a closed session for the
purpose of personnel evaluation and was approved: Spies / McCray, roll call vote, unanimous. All left the
room except for the Board and Craig. Closed session began at 5:14 pm and ended at 5:30 pm. A sealed
tape of the closed session is on file.
UNFINISHED BUSINESS:
Lease Soace - Craig described the progress made so far by the New York Deli, the tenant for the first floor of
the rental property. NY Deli workers are currently painting walls and installing countertops. They need to
finish the ductwork and exhaust situation, but hope to be open in the next couple of weeks. Craig announced
that ICPL has received the first rent check for $5,462.
Kevin Hanick, Realtor, had reported to Craig that there has not been much interest in the basement of the
rental property. He plans to make new signs and increase advertising. He also predicted that the opening of
the NY Deli will make the basement property more attractive and he expects more contacts after that time.
Board members said they hoped to see progress before August, when Hanick's contract expires.
NEW BUSINESS:
Evaluation of Director - The Director Evaluation Committee presented a favorable report, saying, "In light of
Susan's exceptional performance, the committee respectfUlly recommends that Susan's salary be increased by
2.85% or the maximum allowed by the City of Iowa City pay scale." Motion to receive the committee's report
and act on their recommendation was approved: Suter / Spies, unanimous.
Board Annual Reoort - Craig explained that the City of Iowa City requires all its boards and commissions to
ICPL BOARD OF TRUSTEES
June 22, 2006
Agenda Item 3A
Page 2
submit annual reports, all of which will be compiled into a city wide annual report. The Library Board's report
is also used as the second piece of the ICPL Annual Report, after the Director's report.
The Board reviewed the FY200S Board of Library Trustees Annual Report and commented on the status of
each goal. They also outlined accomplishments for FY2006. Craig will draft a report for the Board to approve
at the July meeting.
STAFF REPORTS:
Deoartmental Reoorts
Children's Services - Debb Green reported that with three weeks left for Summer Reading Program
registration, 2,030 kids have enrolled in "Paws and Claws, Scales, and Tales." This is a new record. Green
observed that adults often register their kids, and then head to the Fiction Desk to register themselves for the
Adult SRP. Bill Korf commented that numerous people have told him how much they enjoy the Children's
Room and activities.
Svstems - Hal Penick was optimistic about e-audio, the service by which audio books may be downloaded
onto an MP3 player or computer. Although e-audio has suffered from miscommunication and delays, Penick
feels that the programmers have finally been given the information they need to create a product that works
in a library environment.
Bill Korf observed that children love to use the self-check machines, much more than adults do. Linzee
McCray complimented the Library's web page, especially the "Teen Book Review". Black responded that she
and Penick learned through the Innovative Users Group Conference about a review feature that will be added
to an upcoming software release. Craig followed with the observation that the Innovative Users Group is one
of the best conferences available and the money used for travel is well spent. For $5,000, two staff members
learned very specific, practical information about the system used by ICPL. The knowledge they brought back
will improve the computer system, which will help staff deliver better customer service.
Technical Services - Barb Black reported that the Express DVD and Express Non-Fiction collections have been
well received and heavily used. These collections, composed of extra rented copies of the most popular
materials, are very good for customer service. As Express copies are not trapped to fill holds, there is always
a chance that a popular title will be available for checkout at any given moment.
Develooment Office Reoort - Patty McCarthy was pleased to announce that the Friends Foundation has
finished the fiscal year by raising more money than they had budgeted. With one week to go, The BookEnd is
within $800 of its annual goal; committee members have been overheard asking each other what they could
buy to increase revenue in the last week.
Dean mentioned reading an article about the BookEnd in the Daily Iowan. McCarthy responded that although
the article was partially inaccurate, the paper did recognize the BookEnd as a community resource.
Consider lLA Conference. October 12-13 in Council Bluffs - All ICPL Trustees are members of the Iowa Library
Association, and are encouraged to attend part or all of the lLA annual meeting, this year held in Council
Bluffs. Details are in the lLA newsletter, the Catalyst. The Library will pay registration for any Trustee
interested.
Next year, the conference will be held in Coralville, so it will be much easier to attend. The Board asked if the
Library would be hosting a tour or any part of the convention. Craig answered that there is a "Local Events"
committee who will no doubt be contacting ICPL before the event.
ICPL BOARD OF TRUSTEES
June 22, 2006
Agenda Item 3A
Page 3
Craia to attend ALA Conference. June 23-26 - Craig reminded the Board that she is leaving Friday, June 23,
2006, for the ALA Annual Conference in New Orleans, LA. She will be back in the office on Tuesday.
Miscellaneous Readinqs - The Board praised Andrea Clinkenbeard, Young Adult Librarian, for her idea and
coordination of the big-screen viewing of World Cup soccer games. They were also pleased with the showing
of the Wizard of Oz and related activities.
PRESIDENT'S REPORT:
VanDusseldorp announced the resignation of Trustee Tom Suter, and encouraged Trustees to recruit people
to apply for the unexpired term. Craig said that she keeps a file of people who express interest in serving on
the Board, and had sent letters the previous week to two aspiring applicants. For this unexpired term, a
candidate must live in the city limits of Iowa City. If the process goes smoothly, a new trustee could be
seated as early as August.
VanDusseldorp expressed his regrets on this, his last meeting as president. As a closing thought, he related
an incident he witnessed involving a staff member doing an unpleasant job. VanDusseldorp said that the staff
person performed this unattractive task in an efficient, no-nonsense way. VanDusseldorp encouraged Board
members to watch staff and catch them in the act of doing a good job or relating well to the public.
VanDusseldorp suggested that board members pay their respect to these staff members, praise them, and
give them credit for their actions. Such notice doesn't take much effort, and it makes a tremendous
difference in morale.
ANNOUNCEMENT FROM MEMBERS:
Linzee McCray told about running into a friend in front of the Children's Room. The friend went into raptures
over the Children's Room: great facility, wonderful staff, excellent programs, and a first-rate collection.
McCray said she learned of programs she didn't know existed, and she agreed with her friend's assessment of
Children's Services. Craig added that she got a call from a former Iowa City resident who had moved out of
town and who had to tell Craig that, out of everything in Iowa City, she missed the Public Library the most.
Leon Spies related seeing an ad on the back of the Smithsonian Magazine, requesting that subscribers send
money to the magazine in order to buy subscriptions for Iowa libraries in "dire straits". Spies called the
magazine to find out where they got the quote, as he believed that Iowa libraries are in pretty good shape.
The magazine staff promised to investigate and get back to him. Maeve Clark added that the Library does
get the Smithsonian, and people do give subscriptions as gifts. Clark went on to say that it works better for
the Library to get the money and purchase its own subscriptions.
COMMITTEE REPORTS:
Friends Foundation - Tom Martin reported that the Friends Foundation Board will meet four times per year,
instead of the six times per year that they have been scheduling. This change will start with fiscal year 2007.
He also relayed the Friends Foundation Board's appreciation of outgoing members, Ted Kron and Chrissy
Harapat.
Public Relations Committee - The PR Committee is in the organizational stage and has nothing to report at
this time.
Build the Collection - Martin reported that the Friends Foundation plans to meet at Mary New's house to plan
and organize the fund-raising auction for next year. They hope to build an ad-hoc committee with community
members to build upon the success of previous years.
COMMUNICATIONS: None
ICPL BOARD OF TRUSTEES
June 22, 2006
Agenda Item 3A
Page 4
DISBURSEMENTS:
Disbursements were reviewed. The disbursements for May 2006 were approved: Korf / Dean, unanimous.
AGENDA ITEMS FOR JULY MEETING:
Property Update
Board Annual Report
NOBU Funds
Planning Update
ADJOURNMENT: VanDusseldorp declared the meeting adjourned at 6:23 pm: Spies / McCray, unanimous.
Notes taken and transcribed by Beth Daly
Board or Commission: ICPL Board of Trustees
ATTENDANCE RECORD
CALENDAR YEAR 2006
Meeting Date
Name Term 1/26/06 2/23/06 3/30/06 4/27/06 5/25/06 6/22/06 7/27/06 8/24/06 9/28/06 10/26/06 11/16/06 12/28/06
Exp
Thomas Dean 7/01/09 X X OlE X X X X
Bill Korf 7/01/09 X X X X X X X
Tom Martin 6/30/11 X X X X OlE X X
Linzee McCray 7/01/09 X OlE X X X X X
Meredith 6/30/11 X X X OlE X OlE X
Rich-Chaooel
Pat Schnack 7/01/07 X X OlE OlE X OlE X
Leon Spies 6/30/11 X X X OlE X X OlE
Tom Suter 7/01/07 0 0 0 0 0 res res
David 7/01/07 OlE X X X X X X
V anDusseldoro
KEY: X = Present
o = Absent
OlE = Absent/Excused
NM = No meeting
me
MINUTES
City ofIowa City Civil Service Commission
August 3, 2006 - 8:15AM
Lobby Conference Room - City Hall
Call to Order:
Meeting called to order at 8:21AM.
Members Present:
Lyra Dickerson, William Cook, Dorothy Maher
Members Absent:
None
Staff Present:
Sylvia Mejia, Karen Jennings, Police Chief Sam Hargadine, 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 Scott Miller appeal hearing. Cook
moved that the hearing be scheduled for August 15,2006 at 9:00AM in Emma Harvat
Hall. Maher seconded and all were in favor. Mejia noted that there is potential for the
Commission to receive a request to change the date of the hearing to accommodate
availability of witnesses. Dickerson indicated that such a request would be given
consideration. Mejia also reminded the Commission of their right to secure the services
of outside counsel for the hearing should they want it. Witness lists and attorney
information will be provided to Commissioners prior to the hearing and Dickerson will
be available to sign subpoenas if necessary.
In old business Mejia informed the Commission that just over 100 applications have been
received for the position of Firefighter with one week left in the application period.
In new business, Chief Hargadine noted that the Police Officer certified list was being
exhausted more quickly than anticipated for a number of reasons.
Cook moved to adjourn, Maher seconded and meeting was adjourned at 8:31AM.
Board/Commission: Civil Service Commission
ATTENDANCE RECORD
YEAR 2006
(Meeting Date)
TERM
NAME EXPIRES 02/09/06 312212006 5/26/2006 6/712006 6/23/2006 8/312006 8/15/2006
Lyra Dickerson 4/5/10 X OlE X X X X
Dorothy Maher 4/7108 X X X X X X
Bill Cook 4/6/09 X X X X OlE X
KEY: X = Present
0 = Absent
OlE = Absent/Excused
NM = No Meeting
--- = Not a Member
I ~8~@L
MINUTES
HISTORIC PRESERVATION COMMISSION
JUNE 22, 2006
EMMA J. HARVAT HALL
MEMBERS PRESENT: Esther Baker, Michael Brennan, Richard Carlson, Michael Gunn, Pam Michaud,
Ginalle Swaim, Tim Toomey, Tim Weitzel
APPROVED
MEMBERS ABSENT: Jim Ponto
STAFF PRESENT: Sunil Terdalkar
OTHERS PRESENT: Scott Bartels, Jesse Bulman, Helen Burford, Jeff Clark, Mrs. Kading, Curtis Nasa,
Hallie Sims, Clarissa Watt, Keith Venter
CALL TO ORDER: Chairperson Weitzel called the meeting to order at 6:02 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
There was none.
ITEMS FOR CONSIDERATION:
Certificates of Aoorooriateness:
1331 Muscatine Avenue. Terdalkar said that this application is before the Commission because the work
was begun before it was reviewed by the Commission and before a permit was issued. He said the owner
is increasing the height of the steps. Terdalkar said that because the owner planned to pour concrete, the
railing was removed, and the owner now needs to install a new, code-compliant railing. He said the railing
must be 42 inches high, because this is a commercial property. Terdalkar said the existing railing needs
to be changed, and the proposal is for a simple pipe rail with a second pipe rail In between. He said the
owner will need to use a newly-designed pipe rail with balusters or a railing with mesh, see-through
expanded steel.
Watt, the owner of the building, showed two samples of what could be used as mesh fill-in for the railing.
Terdalkar said the question is whether the change in risers is okay and whether this kind of railing would
be acceptable. Watt stated that the change in the risers was mostly for safety reasons.
Weitzel added that Walt had called him a few weeks ago to find out what could be used for repair. Weitzel
said that he recommended the abatron concrete repair product, which turned out to be unacceptable.
Walt said she tried it, but it didn't look good.
Toomey asked if the stairs would need to have a ramp to be handicapped accessible. Weitzel said that
would be under the purview of Housing Inspection Services.
Terdalkar showed a sketch of a railing. Walt said the expanded metal or mesh would fill in the spaces.
Terdalkar said he thought this would be okay, because instead of having balusters, a railing with the
mesh as safety barrier would be fairly nondescript and similar in appearance with the recently removed
railing. Weitzel added that it is probably more cost effective than using balusters.
Terdalkar said he thought the owner would need a new railing altogether, because the height of the railing
needs to be 42 inches and with the new concrete form width of the landing space has also increased.
MOTION: Swaim moved to approve a certificate of appropriateness for a project for steps and a
railing at 1331 Muscatine Avenue, using either of the proposed mesh materials to enclose the
space in the railings at the height as designated. with staff and chair approval of the design.
Terdalkar said that because the Commission doesn't have all the details, he could ask the applicant or
the builder to give a drawing of the railing to be approved by staff and the chair.
______.._____.___.__......_m___.._..
2
Toomey seconded the motion.
Gunn said he thought the mesh was fine but said that he had a pretty strong preference for the mesh with
the squares, as opposed to the diamond mesh. Weitzel said he also leaned toward that material, as it has
a little smaller profile.
The motion carried on a vote of 8-0.
730 North Linn Street. Terdalkar stated that this is a contributing structure in the Brown Street Historic
District. He said the proposal is for a new garage with an apartment above it. Terdalkar said the owner
proposes fiber cement board siding for the exterior and double hung windows, although the material for
the windows was not specified.
Terdalkar said the owner also has not specified a design for the garage door or the entry door. He said a
drawing from a planning website has been submitted. Terdalkar said the footprint is about 30 feet by 24
feet, and it will be 22 feet high.
Mrs. Kading, the owner, said she was available to answer questions about the project.
Terdalkar referred to a different plan that he found on the same website as the submitted plan. He said he
suggested the other plan, because it is much simpler and would be more in tune with the architecture and
window pattern of the house.
Mrs. Kading said she did not necessarily dislike the new plan but would have to consider the dimensions
more closely. She said she looked at thousands of plans to ensure the dimensions work well with the lot
size, the location on the lot, and the interior layout.
Terdalkar said that Mr. Kading had stated that it would be possible to work with the contractor to change
the floor plan and dimensions, if necessary. Mrs. Kading said she did not see much difference in the
styles of the two plans. Terdalkar responded that Mrs. Kading's plan was more of a cottage style, but the
house is a vernacular Queen Anne. He said the proposed plan shows segmented arches on the garage
door, in the cottage style, as opposed to a square opening. Terdalkar said the way the dormers flank the
central dormer also indicates a cottage style.
Carlson said that the proposal makes a strong stylistic statement that it is a cape cod. He said the house
is Queen Anne, so that the buildings would be completely incompatible stylistically. Carlson said that he
would like to see a garage that is simple but also fits in better with the character of the historic house.
Toomey said that one cannot tell from the plan what the back side looks like. He said the wall goes all the
way over so that it is not a dormer but is a shed roof. Toomey said the back side does not fit with the front
side, in looking at the picture, at all. He said the back can't be a gabled roof, because at this width, it
would be way up above everything else. Toomey added that if there is a straight normal roof on the back
side of this, the owner will lose three or four feet off of the back side. He agreed that it would not go with a
Queen Anne at all.
Mrs. Kading said this will be facing the alley in the far corner of the lot. Terdalkar stated that it would be
visibie from both the rear and front.
Weitzel asked if it would be a problem for anyone that this would be visible from the street. Toomey said it
would be to him, because a Queen Anne would have a straight hip roof, unlike this design. Carlson said
that the issue is not only the shed roof; it is the shed roof plus the stylistic details of this that make it a
Cape Cod or Colonial Revival.
Brennan said he likes the doors on staffs proposai better, although there would be less natural light. Mrs.
Kading said she did not care too much about the doors. She said she has not found a website with
specific Victorian style garages that she could use. Terdalkar said the plan he found was from the same
website that Mrs. Kading has used. Mrs. Kading said she realized that but would like more information
about the plan.
3
Weitzel asked Mrs. Kading if she would be amenable to working with Terdalkar on this plan and then
coming back before the Commission. He said that otherwise the Commission could take a vote to see
how this comes out.
Toomey asked if the ridge height of this would meet code. Terdalkar said that the midpoint of the roof has
to be less than 20 feet so that the plan would be acceptable.
Carlson asked Mrs. Kading if she had looked for Victorian or at least simpler, not so Colonial, styles. Mrs.
Kading said she was not too familiar with the style, so she looked for one that she thought would go well
with the house. Toomey suggested to Mrs. Kading that she look for a Queen Anne carriage house.
Gunn said that the difference between one dormer or two is not a stylistic difference. Mrs. Kading asked
what she should look for regarding the difference in style and said she did not care about the style of the
door. Weitzel replied that it is somewhat the door and somewhat the returns on the roof that give this its
style.
Terdalkar said the plan he found is just an illustration of what couid fit here. He said it does not have to be
exactiy like the plan.
Weitzel stated it is apparent that some Commission members feel that the dormer on the back will change
drastically the functionality upstairs. He said that the plan would have to be altered. Weitzel said this
could even have one large gable coming out.
Michaud said that the windows really should match the house windows. She suggested that Mrs. Kading
would want to match the windows to the shape and number of panes that the house windows have.
Michaud added that there are no shutters on the house, so one would probably not want shutters on the
garage.
Swaim said that if Mrs. Kading is researching a carriage house, sometimes that means a more elaborate
building and such. Swaim said that Mrs. Kading would be looking for something relatively modest.
Weitzel said it seems that Mrs. Kading's best option might be to work with Terdalkar on coming up with a
viable plan.
MOTION: Carlson moved to table consideration of a certificate of appropriateness for the project
at 730 North Linn Street to the Commission's next meeting. Swaim seconded the motion. The
motion carried on a vote of 8-0.
727 Dearborn Street. Terdalkar stated that this is a non-historic property in the College Hill Conservation
District. He said that the building has existing aluminum siding, and the owner would like to remove the
aluminum siding and replace it with fiber cement board.
"The tape recorder stops working at this point and then works sporadically for the rest of the meeting."
Terdalkar said the survey states that this house was built in 1947 and said that this house should
probably be considered eligible under the 50-year premise. He said that the survey states that because
the buiiding was altered, it was not considered a contributing structure to the conservation district.
Terdalkar said that this style of house is also not typically found on Dearborn Street.
Weitzel asked about the survey documentation. Terdalkar responded that one survey called the house a
non-contributing structure, while another called it non-historic, because it is not the same style as other
houses and was built later than the district's time period.
Weitzel said that a non-historic designation would free up the property from a lot of the requirements of
the guidelines. He pointed out that the application is for siding only. Gunn said that the Commission has
approved fiber cement board in the past as a replacement material.
Toomey asked Curtis Naso, the contractor for this project, if any of the aluminum siding has been pulled
off. Naso responded that he pulled a little of the siding off in the back, and underneath there is four-inch
lapped wood. Toomey said that the owners may not need to reside the house at all. Naso repiied that the
4
owners would like a maintenance free material. He said that the fiber cement board would have a pre-
painted factory finish that wouid have a 25-year warranty.
Terdaikar said the first question is why the owner wouid like to replace the siding, because there is not a
lot of damage to the current siding. He said that if the siding is in good condition, it may not be necessary
to remove it, and if the siding needs to be removed, he asked why the owners would not want to restore
the wood siding underneath.
Naso answered that the owners know of two other homeowners who removed aluminum siding from their
homes and painted the entire houses. He said that within five years of removing the aluminum and
painting the wood siding underneath, sheets of the paint started coming off the wood, possibly from being
covered up for a number of years.
Carlson asked if the fiber cement board would match the original four-inch lap siding. Naso said that it
would be very close. He said that it would be five or six inches with one and one-quarter inch overhang.
Naso said that there would be a four to five-inch reveal.
Toomey questioned why anyone would want to replace wood siding with fiber cement board. Carlson said
that he would be glad to see the aluminum go. Gunn stated that the Commission has approved fiber
cement board where there was originally wood, particularly after the storm this spr<ng. He said it is
probably appropriate to approve this, but at the same time, the Commission should recommend looking at
retaining the wood siding.
MOTION: Gunn moved to approve a certificate of appropriateness for the replacement of siding at
727 Dearborn Street as submitted, with fiber cement board, while retaining the details of the
original house, including corner boards, window trim, frieze boards, and with the recommendation
that the owner examine the possibility of retaining the wood siding and repairing and painting it.
Naso said that it would be pretty much impossible to miter the corners on the cement board. Gunn stated
that metal corners were used historically. Naso said that the aluminum siding has metal corners.
Terdalkar pointed out that the motion specifies replication of what was there before.
Weitzel asked if the metal corners have very much of a profile. Naso did not know.
Toomey seconded the motion. The motion carried on a vote of 8-0.
734 Oakland Avenue. Terdalkar distributed the applicant's sketch of the proposed porch. He said this is a
contributing structure in the Longfellow Historic District. Terdalkar said the application is for the addition of
a back porch with a footprint of about 10 feet by 24 feet, and the porch would be 33 to 34 inches above
grade. He stated that the owner proposes to use a fiat roof to tie into the existing pitch.
Keith Venter, the owner of the property, said the reason for the flat roof is that in time, he would like to
add living space to the house. He stated that in that case, he would use the flat roof as a deck.
Weitzel said that for a porch of any sort, the roof would butt into the dormer. He said that at the present
time, the Commission could disregard any future plans, except the porch addition. Weitzel referred to
staffs sketch for an alternative proposal.
Terdalkar referred to the dimensions on the sketch. He said that because the dimension for the proposed
porch is ten feet, within the 14 feet there is not enough space as required for the stairs. Terdalkar
suggested going on the sides for the steps, with a compliant rail on the side.
Venter said that he would prefer the stairs to come straight out. He said he would not have a problem
reducing the depth of the porch to nine feet, if necessary.
Terdalkar said that at least four feet ten inches would be needed for a stoop to get climb down from the
porch from any side. He said that at least 15 feet would be needed for the porch and stairs. Terdalkar
said that there are some steps at about 13 feet east from the house, which leaves only 2 feet for stairs.
Venter said it would be feasible to notch into the porch. He said he could move the landscaping steps if
needed. Terdalkar suggested that the applicant should consider narrowing down the porch by a few feet,
5
or building the new stairs on the south side of the porch, or moving the landscaped steps. He said he
would reccmmend reducing the footprint of the porch, as the porch as proposed would be ccnsiderabiy
large for the house.
Weitzel said that if there is enough room for the porch and the stairs the plan is okay, but he would
suggest some changes to the design of the porch that would be appropriate to the house.
Terdalkar said the drawing suggests two feet wide columns with inset panels. He said a simple porch
design with square columns would be more appropriate for this house. Terdalkar stated that the proposed
design would be more fitting for a larger American Foursquare house, not on a small ccttage. He said that
there are few instances of front or back porch on such an English Cottage, and would generally have a
porch or any addition on either sides of the house. He said that there is no space here for a porch on the
side. Terdaikar said therefore, that if a porch is added to this house, it should be simple in design and
would generally be a plain, functional porch.
Venter said he could do smaller columns. He suggested a 2x6 framing, with a rail of 2x4 framing to fit
inside. Venter explained how he would build the columns.
Weitzei asked about the inset. Gunn asked if this was to be a 10-inch square column, and Venter
confirmed this. Terdalkar said a square column with a minimum side 9 to 12 inches should be used and
said that it can be solid wood. He added that the applicant would need proper footings for the porch piers
and would not be able to use the existing retaining walls as supports.
Weitzel said a porch on this house would not have been designed with paneled columns. He said that as
staff has suggested, plain cclumns would be in order here. Venter said he would be willing to go with
smaller, square columns. Weitzel suggested using eight-inch coiumns.
Weitzel suggested using the same footprint but having a simple balustrade with more square, simple
dimensions without panels. He asked Commission members for opinions regarding the design. Swaim
replied that there is next to no design on the back of the house. She said that the panels look bottom
heavy and have too much detail.
Weitzel said the house is a minimalist vernacular house, a very simple, Tudor Revival. Toomey stated
that the proposed porch looks massive compared to the house.
Carlson suggested using a lighter design. He stated that the panels are too heavy for this house and
would be about 30 years too early for this period.
Weitzel suggested solid square columns that are eight or nine inches wide with no inseUrecessed panels.
Weitzel said this could have a simple, solid railing.
Carlson stated that, aside from the mass, there is no ornamentation on the house. Terdalkar agreed.
Weitzel suggested using a handrail, a foot rail, and a piece of plain sheet of wood in between. Gunn
asked if there would have been ccrner boards or crowning on the windows. Terdalkar said he does not
think there would have been any, and if there was one it wouid have been fairly simple.
Weitzel said that the applicant would like a solid panel and that staff has recommended a balustrade. He
said that decorative metal could be used, or a third suggestion would be to open up the porch with
metaiwork on the railing.
Carlson stated that an open porch was probably not built on a house of this style so that this is something
new for the Commission to consider. Weitzel agreed that the porch would be an anachronism on this
house and said that, therefore, it would be hard to make it fit exactly.
Carlson said that a simple panel and perhaps a simple crown molding might be most appropriate. Gunn
said he would be willing to go with a solid rail. Swaim said that it would be okay if it did not have a raised
panel.
MOTION: Gunn moved to approve a certificate of appropriateness for the addition of a porch to
734 Oakland Avenue, as submitted regarding the dimensions and structure, but with the following
6
changes: the columns be approximately eight or nine-inch square; the railing can be a solid,
simple panel with only crown molding and a base of some kind; the floor must be a tongue in
groove wood, preferably fir, floor; and there must be piers put in under the columns of the porch
that appear like masonry with lattice work In between.
Venter said that he planned to use indoor/outdoor carpet for the porch. Gunn pointed out that a
contributing property in a historic district is required to have a wood fioor. Venter stated that he wouid
prefer to have a wood floor anyway; he was just trying to avoid the expense.
Toomey asked if the beadboard ceiling is acceptable. Weitzel said that it is probably better than most of
the alternatives.
Terdalkar said the fact that the porch needs a proper foundation or at least piers with frost footing; it
would be appropriate to have it built with masonry or appear as masonry piers, similar to the existing
foundation of the house. He said that HIS had indicated that the porch cannot rest on the existing
retaining wall. Terdalkar said the masonry piers must be strong enough to hold the porch. He added the
Commission may specify the appearance of the foundation.
Weitzel asked if the piers could be built with wood and wrapped with a fiber cement board or do the
members feel we should require masonry piers. Gunn asked if there are any code requirements.
Terdalkar said it would be okay to build the porch with wood posts, but he would suggest that the
appearance should match the existing foundation, which can be done by using stone veneer.
Baker seconded the motion. The motion carried on a vote of 8-0.
929 Iowa Avenue. Terdalkar said that this is a non-historic property in the College Hill Conservation
District. He said this application is to install air conditioning units in the walls of the apartments. Terdalkar
said the air conditioning units would be set into the openings resulting from the removal of the picture
windows, as allowed in a previous application. He said that new patio doors would replace the picture
windows, and the air conditioning units would be next to those doors.
Terdalkar said that one change is that the previous proposal showed symmetric patio doors with filling on
both sides of the door. He said that now there would be filling only on one side.
Clark, the owner of this property, said that he wants to replace the air conditioners while doing the window
work. He said that the majority of the air conditioning units would face the courtyard, with the exception of
the corner units. Weitzel asked if it would be feasible to install central air. Ciark said that there is no place
to put it.
Gunn asked for details about the trim and where the old brick wall meets the new filling. Clark said he
would use brick outside with having horizontal iines. He said he would probably use hardi-plank around if
necessary. Weitzel asked about taking bricks out, because the units would go past the masonry iine.
Clark said he would have to accommodate what is there and he is willing to use bricks for filling the gap.
Gunn asked about the appearance. Terdalkar asked about the width of the balcony. Clark said it is about
five feet wide and said that the air conditioning units wouid stick out about five inches.
MOTION: Toomey moved to approve a certificate of appropriateness for the installation of air
conditioning units at 929 Iowa Avenue. Swaim seconded the motion.
Carlson said he did not think this wouid be ideal but said he would vote in favor. Weitzel said this would
not detract a whole lot more than the building already does.
The motion carried on a vote of 8-0.
1 Bella Vista. Terdalkar stated that this building is a contributing structure in the Brown Street Historic
District. He said that the proposal is to re-open the front porch, remove certain windows, replace and
relocated certain windows, remove a French door on the when the porch is open, and remove another
entry door on the lower ievel to replace it with a new garage door.
7
Sims, the owner of the house, said that the porch was originally sided with wood. She said that now the
exterior is covered with asbestos, synthetic siding. Sims stated that she would like to take off the synthetic
siding and restore the original wood and restore and repair the window trim.
Sims said that inside, the porch was originally open with pillars and a solid balustrade. She said that she
would like to restore the porch to that state. Sims said she would also like to replace the two French doors
with double hung windows that are the same as the other windows on the house.
Terdalkar said that the windows on the house have multi pie proportions and multiple divided light sash
patterns, and he would suggest minimizing this 'variety'. Gunn asked if the windows on the house are
original, and Sims replied that they are not. Terdalkar said the windows have been replaced, added over
time. He said that on the addition in back, the windows are divided six over six, more like a Colonial style,
but the original windows on the house (in the front) are five-over-one vertical divided lights. He said that
the original house and the porch show some Craftsman details.
MOTION: Gunn moved to approve a certificate of appropriateness for an application for 1 Bella
Vista, as submitted. Toomey seconded the motion.
Gunn asked if the handout distributed by the owner at the meeting is any different than the submitted
application. Sims said the handout had some changes that she came up with after suggestions from
Terdalkar.
Regarding the windows, Weitzel suggested matching any new windows to the remaining windows on the
same elevation of the house. He said therefore that on the front, the lower windows should match the
others on the front. Terdalkar said that except for one or two windows, all of the original windows have
been replaced. Weitzel said it doesn't matter then; one over one would be fine. He suggested an option of
one over one or a divided light in the upper sash.
Sims asked for suggestions for a garage door. Weitzel said that modern doors don't look that good unless
one is willing to spend a lot of money. Sims said she is looking for door with windows across the top of
the garage door and open for recommendations. Terdalkar showed some examples of garage doors and
said he would be willing to provide additional information.
AMENDMENT TO THE MAIN MOTION: Gunn amended the motion to approve a certificate of
appropriateness for an application for 1 Bella Vista, as submitted at the Commission's June 22
meeting.
Gunn said that he was impressed with the nature of this application.
Toomey seconded the amendment to the main motion. The motion carried on a vote of 8-0.
817 Iowa Avenue. Terdalkar said that this is a non-contributing property in the College Hill Conservation
District and that this is a storm-related application. He said the applicant proposes to change the height to
make a hip roof instead of a gable and to open up the porch. Terdalkar said that it would take more height
to do a hip roof.
Terdalkar said he would suggest installing windows with similar proportions as that the original double-
hung windows that exist on the west fayade. He said the drawing shows horizontal boards dividing the
first and second story. He said the placement of the board varies on every fayade. Terdalkar suggested
matching or removing it.
Terdalkar referred to a slider window on the front fayade and asked that if the applicant is planning it to
replace that. He said he would suggest replicating it with a pair of double-hung windows or simulated
double-hung windows that is similar in proportions.
Carlson said that there is a cross gable currently on the hip. Terdalkar showed a picture of the existing
structure and explained how the proposed work will be done. He said instead of the existing gable end on
the west fayade there will be a hip roof.
8
Bulman, the consultant for this project, said that he sketched out the gable end but thought it would result
in a huge gable and said he didn't like the looks of it. He said he would be willing to consider fiber cement
shakes on the second story similar to the existing gable end. Bulman said that it might look more
consistent to go ahead and use four-inch boards.
Carlson said the proposed design significantly alters the current shape of the roof and the massing.
Terdalkar said that this property was designated as non-contributing because of all the alterations to the
building. Bulman said the addition on top was torn off during the tornado because of poor construction.
Terdalkar said it is possible that originally there was only one and one-half story cross gable, and all the
other structures were added on to the building over time. Carlson asked if the two cross gables were at
the same height. Bulman said that one was a little lower than the other.
Toomey said that he would see a new dormer being more coherent to the building. Weitzel agreed that if
the gables were built out, it would be huge. Terdalkar said that it would be nice to make it look like a cross
gable, but he did not think the owner was planning on that, as he is not changing anything in the rear.
Bulman said that the structural engineer hired for this job recommended this roof. Michaud asked about
the two windows on the north elevation on the north side. Bulman replied that the windows were not
original, and new replacement windows would be double hung. Michaud asked if they would be the same
level as the other one. Bartels, the contractor for this project, referred to the drawings and said that he
was trying to bring back the plane of the second fioor.
MOTION: Swaim moved to approve a certificate of appropriateness for the project at 817 Iowa
Avenue, as proposed in the revised drawings. Baker seconded the motion.
Weitzel asked if anyone had a serious problem with the design for this project. Carlson said that even
before the earlier additions, one could see how the building developed organically. He said that with this
change, that would be largely hidden. Carlson said that he is not necessarily opposed to making the
building more coherent, but he felt this was just too big of a change to the roofline and massing and
created a hodgepodge and said he therefore could not vote for this.
Michaud said that the problem is that the first addition was too high and now this would bump it up.
Bartels said it is just extending the roof out. Michaud said that Victorian houses usually go lengthwise
rather than crosswise to the street. Terdalkar said that this is not a true Victorian.
Bulman said he originally started with the gable end facing the west, but thought it would be obtrusive.
Terdalkar said the reason for the flat roof may have been created to get additional headroom for the
second story bedroom. He said it was never a two-story house; it was a one and one-half story house.
Terdalkar said that this makes it a two-story house.
The motion carried on a vote of 7-1. with Carlson votine no.
923 East Washinaton Street. Terdalkar stated that this application is to replace the existing metal roof
with asphalt shingles. He said that the roof was damaged in the recent storm, although he did not really
see any damage on the roof except for what is shown in the application photographs. Terdalkar said that
unless there is damage to the metal standing seam, he did not think he could say that this needs to be
replaced.
Weitzel said that the historical society doing the grant reviews is very much of the opinion that these
standing seam and flat seam turned metal roofs should be saved whenever possible. He added that it
looks like the fascia is broken but questioned whether the roof is actually damaged.
Terdalkar also questioned whether there was any damage. He said if there is damage, it would be just on
the shed, where a tree fell. Terdalkar said he did not see any sheaths blown away from the shed.
Weitzel said that if the Commission does not approve this, it could recommend that the owner document
the damage and come back to the Commission. Carlson asked how difficult it would be to spot repair this
roof. Weitzel replied that Doug Steinmetz has told him that if the roof has not been painted with a product
-----,~-_._..~ _.._--_._-----_._.__._-~---_._--_._._-'-,._-,...,-_._------
9
like Acrymax or something similar that burns when welded, the metal can be braised or soldered back on
top.
Brennan asked if re-decking is required to take off the metal roof. Terdalkar said it would. He said he
talked to the owner about this damage, and the owner said a tree fell on the house. Terdalkar said the
owner of the house is a contractor and said the owner was of the opinion that the roof needs to be
replaced. Toomey said this looks to be reparable, as opposed to removing the entire roof. Weitzei said
that because this house is a multi-family rental property, the roof would have to be approved no matter
what.
Gunn said the discussion goes back and forth on this issue - whether the roof should go back to the
original material or whether the metal roof is considered historic in its own right. Weitzel said the State
Historical Society is of the opinion that these roofs should be preserved, because they are historic in their
own right.
Gunn said the last time the Commission revised the guidelines, the Commission was split on this and so
decided to leave this to the owner's discretion. Gunn said that the Commission therefore wrote into the
guidelines, "Using asphalt shingles that resemble the texture and color of weathered wood shingles for
roofs that had wood shingles historically." He said that the Commission has used these guidelines, and
they are not absolutely consistent with the State. Weitzel said that theoretically, the State Historical
Society interprets the Secretary of the Interior Standards to Iowa, but that doesn't necessarily mean that
the Commission has to agree.
Swaim asked about the cost of repairing a metal roof, plus repainting, versus tearing off the roof and
putting on shingles. Weitzel said it would probably be cheaper to repair, if only spot repair is needed. He
suggested voting this application down and asking for more documentation of the damage.
Gunn said that a few weeks ago, the Commission approved the replacement of a metal roof with asphalt
shingles, but the substantial damage in that case could be seen. Carlson said that until the damage is
documented, he could not vote to replace the roof. He said that if there is only minor damage, he would
like to see the metal roof retained.
Brennan said that if what the owner is proposing is historically accurate to the building he is proposing It
for, the Commission is simply imposing its preference on the owner's preference. Weitzel said that
asphalt is not historically accurate. Brennan said that shingles would be.
Michaud suggested the Commission ask for more documentation. Weitzel said that Brennan's point is
that the owner can take off this roof without review. Brennan said that depends on whether redecking is
required. Weitzel said that redecking is required. He said that the discussion brings up that the guidelines
don't distinguish here so that the Commission pretty much has to allow it. Weitzel said the issue is
whether the metal roof should be preserved or not.
Terdalkar said that the last time this was discussed, the Commission decided that these items should be
considered on a case-by-case basis, depending on the amount of damage. Weitzel said the State
Historical Society looked at that application and recommended using grant money to repair that roof on
College Street. Baker said that one reason the Commission approved that application was that the owner
had already changed the roof on the house. Weitzel said the owner did make that argument. Terdalkar
said the owner made the argument also that repairing the metal roof would be cost prohibitive and that it
had significant damage.
Weitzel said the Commission basically decided on the last application like this that the original period of
the house should prevail and not this era of metal seam roofs. He added that if the owner uses the new
metal to replace the old, it would iook worse than the shingles. Weitzel said his opinion overall is to look
at the level of significance of the house and whether it is a landmark or a significant structure in the
district.
Toomey stated that there is a time span on metai roofs also, and that is about 70 years.
Gunn read from the guidelines, Section 4.4, "Mass and roof pitch are defining characteristics of historic
architectural styles. Most of the roofs in historic neighborhoods were original sawn cedar shingles,
10
although standing seam metal was sometimes applied. The texture of the wood shingles on the steep-
pitched roofs was a prominent feature of historic neighborhoods during the 19th and 20th centuries." He
read from under recommended: "Using asphalt shingles that resemble the texture and color of weathered
wood shingles for roofs that had wood shingles historically." Gunn said this was written to allow the
Commission to basically decide on a case-by-case basis. He said that if the Commission did not want the
metal roofs removed, it would have been easy to write the guidelines in that way.
MOTION: Gunn moved to approve a certificate of appropriateness for an application for roof
replacement at 923 East Washington Street, as submitted. Brennan seconded the motion.
Carlson said he still agrees with the state more or less. He said that if the roof is not near the end of its
natural life and if the damage is not great, it is enough of a distinctive historical feature that It shouid be
treated as such and not removed if removal is not necessary. Carlson said there is not evidence in this
case that removal would be necessary.
The motion carried on a vote of 6-2. with Carlson and Weitzel votina no.
Weitzel said he agrees with Carlson that there is not enough evidence to support replacement of this roof.
228 South Summit Street. Weitzel said that this house is a landmark property in the College Hill
Conservation District. He stated that the application is to change the door from a non-historic fiberglass
entry door to an arts and crafts-style door that was salvaged from 335 South Ciinton Street.
Terdalkar showed a photograph of the door to be replaced and a photograph of the replacement door.
Gunn asked what the most appropriate door for this building would be. Weitzel responded that the entry
door for this building is large with two sideiights and one pane. He said that the side entry doors have two
or three panels, just on the lower half.
Terdalkar said that he likes the craftsman door, but it would not fit this building. Weitzel said that it would
be the most eiaborate door in the whole building. He added that the doorway was altered to fit the
fiberglass door that is there now.
MOTION: Gunn moved ta approve a certificate of appropriateness for the replacement of a door at
228 South Summit Street. Swaim seconded the motion.
Carlson said that he would vote against this door for the reasons stated. Weitzel said that the historic
criteria for a landmark shouid be higher than for other buildings, and since it isn't known whether there
was an elaborate door he wouid not be comfortable approving the proposed door replacement.
The motion failed on a vote of 0-8.
Minutes for June 8 2006 Meetina.
Carlson said that on page three, in the sixth full paragraph, the first sentence should read, "Carlson said
that the curved brackets as sketched look Italianate, and this is really later than an Italianate house." He
said that on page four, in the eighth full paragraph, last line, the word "vinyl" and be changed to "fiber."
Carlson said that he also had typographicai corrections to submit.
MOTION: Carlson moved to approve the minutes of the June 8, 2006 Historic Preservation Commission
meeting, as amended. Baker seconded the motion. The motion carried on a vote of 8-0.
OTHER:
Burford said that on the next Tuesday evening, a social event would be held at 315 GOlfview, and the
Commission, as well as Marlys Svendsen, the City Council, the Clarion and Associates employees, and
others have been invited.
Burford said that Friends of Historic Preservation has discussed proposals for HRDP grants. She said that
one of the ideas is doing a survey of the Iowa Avenue Conservation District to see if there is enough
------~,~.._,-_.._----_._._-'_._----~------^.__._-----.-
11
interest, along with a survey of the appropriate intervening area, to adjoin Woodlawn to make one larger
contiguous district.
Weitzel said there has been discussion of canvassing the owners and residents to see if they would back
a historic district there. He said the idea would be that if it passed, there could be one large east Iowa City
district encompassing Iowa Avenue, Washington, East College, the Moffitt Area, and College Green.
Terdalkar said that the way these districts have developed historically may make it difficult to make a case
for combining them. Weitzel said that the State Historical Society is on board with reducing the number of
districts to one larger district.
Terdalkar said that the timing of this canvassing should be considered, since some residents and owners
are just coming through the aggravation of dealing with the tornado damage. Burford said that the Board
felt that this would be good timing. Terdalkar said that if this turns out to be a good effort and something
good comes out of the tragedy, then he thought there would be enough support.
Swaim asked if the one clear advantage is that the Commission would have fewer members. Weitzel
responded that it also would give historic district status to the part of Iowa Avenue that is at risk. He said
there is evidence already of the pressure to increase density there. Weitzel said there are other locations
in the City where increased density would be more appropriate.
Terdalkar said that to some extent, having the conservation district there has allowed some controi of the
reconstruction. Gunn said that the differences between conservation districts and historic districts are
minimal. He said there is almost as much control for that area as if it were a historic district.
Terdalkar said it would not be a bad idea to create a historic district on Iowa Avenue, because research
on the area has shown that there are more eligible properties than previously believed. Weitzel said that
almost every building reviewed has been determined to be individually eligible by the Historical Society,
many times for historic reasons and not architectural reasons. He added that the integrity was greater
than previously believed. Weitzel said another advantage is that a historic district there would be a beller
buffer to Woodlawn, although the conservation district does serve that purpose to some extent.
Gunn said that if 60% of the properties are not contributing, then the ordinance would not allow the area
to be a historic district. Terdalkar suggested perhaps creating a smaller Iowa Avenue district, rather than
the one large district.
Terdalkar distributed a schedule of Svendsen's schedule for next week to Commission members. Weitzel
said that it would be important for Commission members to meet with Svendsen if possible and said that
meeting is scheduled for Monday at 7:00 in the Lobby Conference Room.
Terdalkar distributed questionnaires provided by Svendsen. He said the consultant has prepared the
questionnaire to give a general idea of the discussion in Monday's meeting.
Weitzel said that there will be a meeting on Wednesday morning in Emma Harvat Hall with the central
business district people. Weitzel said that on Thursday evening at Thomas Moore Church, there will be a
Manville Heights meeting.
ADJOURNMENT:
The meeting was adjourned at 9:12 p.m.
Minutes submitted by Anne Schulte
I
I
Historic Preservation Commission
Attendance Record
2006
I Tenn
,
Name Expires 01/19 02/9 02/22 03/16 04/13 04/27 05/04 05/11 05/18 OS/25 06/08 06/22
E. Baker 3/29/09 -- -- ---- -~ -- -- .- -- -- X X X X X X X
M. Brennan 3/29/08 X X OlE OlE X X X X X X X X
R. Carlson 3/29/07 X X X X X X X X X X X X
, J. Enloe 3/29/06 X X OlE OlE -- -- -- -- -- -- -- -- ---- --- -- -- ----
I M. Gunn 3/29/07 X X X X X X X X X X X X
I 3/29/08 OlE OlE
M.Maharry X X X X X X X X ---- -- --
M. McCallum 3/29/06 X X X X --- ---- ---- -- -- ---- -- -- ---- -- --
P. Michaud 3/29/09 -- -- -- -- .- -- -- -- ---- -- -- -- -- -- -- -- X X X
I J. Pardekooper 3/29/07 X X X 0 ---- -- -- ---- --- -- -- -- -- ---- -- --
J. Ponto 3/29/07 X X X X X X X X OlE X X OlE
, M. Scbatteman 3/29/09 X
I -- -- -- -- ---- -- -- ---- ---- --- -- -- --- ---- -- --
G. Swaim 3/29/09 ---- -- -- -- -- -- -- ---- -- - -- .- -- -- --- X X X
T. Toomey 3/29/09 -- -- -- -- .--- -- -- -- -- -- -- ---- -- -- -. -- -- -- X X
J. Weissmiller 3/29/06 0 0 0 0 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --
T. Weitzel 3/29/08 X X X X X X X X X OlE X X
i
I
Key:
X = Present
0 = Absent
OlE = AbsentfExcused
NM = No Meeting
-- -- = Not a Member
City ofIowa City Parks & Recreation Commission
July 19, 2006
Recreation Center Meeting Room B
FINAL
n::
I
CALL TO ORDER:
Meeting called to order at 5:00 P.M. Kling chaired the meeting in
Gustaveson's absence.
MEMBERS PRESENT: Judith Klink, Margaret Loomer, Ryan O'Leary, Matt Pacha, Jerry
Raaz, John Watson,
MEMBERS ABSENT: Craig Gustaveson, Phil Reisetter, John Westefeld
STAFF PRESENT: Mike Moran, Terry Robinson, Terry Trueblood
OTHERS PRESENT: Flo Stockman
RECOMMENDATIONS TO COUNCIL:
Moved by Pacha, seconded by Raaz, that to concur with staff recommendation to accept
outlot B, incIudin!!: the brid!!:e remains and Lot 126 in the Stone Brid!!:e Estates subdivision.
Further to support obtaiuin!!: a trail easement alon!!: the curb. Unanimous.
Moved by Raaz, seconded bv Pacha to accept fees in lieu of land for the McCollister
Subdivision. Unanimous.
APPROVAL OF MINUTES:
Moved by Pacha. seconded bv Raaz, to approve the June 14, 2006 minutes as written,
Unanimous.
PUBLIC DISCUSSION
No public discussion.
CONSIDER ACCEPTANCE OF NEIGHBORHOOD OPEN SPACE IN STONE BRIDGE
ESTATES:
Based on the Neighborhood Open Space Ordinance, it is required that approximately 1.65 acres
in this development be dedicated as open space or fees in lieu of. Outlot B would provide 1.50.
acres. Staff therefore, recommends an additional dedication of proposed lot 126. It is also
recommended that the developer grant an easement along the creek for a future trail.
Parks and Recreation Commission
July 19, 2006
Page 2 of 6
Of note, Trueblood stated that this particular development is required to give a little more land
than usually required due to an agreement with Windsor Ridge where upon the neighborhood
space dedication requirement for Windsor Ridge Part 21 would be fulfilled upon the
development of the land currently under consideration for this subdivision.
Flo Stockman, a resident of Stone Bridge Estates for two years, was present at the meeting. She
stated that she would be glad to see more development and with no school in this area, it is
critical that there be a neighborhood open space available. Stockman asked that the old stone
bridge be preserved. She gave historical information regarding the bridge to the Commission.
She stated that to this point the Historical Preservation Commission has not determined this
bridge to be a historical site, however, she hopes that they can again approach them in a couple
of years to do so.
Moved bv Pacha. seconded bv Raaz. that to concur with staff recommendation to accept
outlot B. includin!! the brid!!e remains and Lot 126 in the Stone Brid!!e subdivision.
Further to support obtainin!! a trail easement alon!! the curb. Unanimous.
Trueblood will investigate the bridge placement and where it stands regarding property.
CONSIDER ACCEPTANCE OF NEIGHBORHOOD OPEN SPACE OR FEES IN LIEU
IN MCCOLLISTER SUBDIVISION:
Based on the Neighborhood Open Space Ordinance, a subdivision of this size is required to
dedicate .224 acres of open space or pay fees in lieu of. The property is part of the Wetherby
Neighborhood Open Space District. Trueblood reviewed property already owned by the City.
This particular developer has not indicated a preference to give land or fees. Trueblood discussed
an area of land that may be appropriate indicating it would be a long narrow strip and not really
needed since this property is located adjacent to the City-owned sand prairie nearly 40 acres in
size. Fees are estimated to be about $2000-$3000.
Moved bv Raaz. seconded bv Pacha to accept fees in lieu of land for the McCollister
Subdivision. Unanimous.
DISCUSSION OF POSSIBLE DATES FOR ANNUAL PARKS TOUR:
Commission discussed possible dates for the annual park tour. It was determined to tentatively
set the date for Wednesday, September 13. Commission will meet at 4 p.m. for about 15-20
minutes and then leave for the tour. Some of the sites mentioned as possibilities for the tour this
year are Riverside Festival Stage work, Waterworks Prairie Park fishing pier site, Brookland
Park and the Peninsula Park. Members were encouraged to call or email any other suggestions
to Trueblood.
MISCELLANOUS PROJECT UPDATES:
Brookland Park: This item went to City Council to set a public hearing for approval of plans and
specs. Trueblood expressed his concern about increased bid pricing on this project, as well as
others, due largely to fuel costs
Parks and Recreation Commission
July 19, 2006
Page 3 of 6
Waterworks Prairie Park: The City is working with VJ Engineering who IS designing an
accessible fishier pier. Trueblood hopes to see progress this fall.
Disc Golf: Robinson reported that all 36 T-pads have been poured. He did mention that there
are a lot of paths cut through the timber due to the concrete trucks driving through, however, due
to the condition of the soil, feels that these will recover rather quickly. No trees of any
significance were removed, and, in fact, those that were removed actually improved the timber
area.
Dog Park: Most of the feedback received has been positive. We have received a couple of
reports of dog fights, but nothing serious. There has been some delay in progress to a DogP AC
cash flow issue, however, it is their full intention to complete this project in full. Raaz expressed
his desire to invite DogP AC back to a commission meeting to review this entire process once the
project is complete. Trueblood noted that between the Animal Services Office and the Parks and
Recreation Department we have sold over 1000 Dog Park Tags have been sold. He also noted
that based on dog waste bag usage, the park is being heavily used.
North Market Square: Robinson noted that school did receive a grant to replace the playground
surface with a rubber matt type surface. The Parks Division provided labor and supplies to
complete the project.
North Hickorv Hill Park Kiosk: Robinson also reported that an Eagle Scout completed the Kiosk
at North Hickory Hill Park and is impressed with the work of him and his helpers.
Bovs Baseball: Trueblood stated that there was a state tournament held at the Boys Baseball
Fields recently and went very well. Pacha commended Joe Wagner and his staff for the great
work they did on the fields during this tournament. Trueblood also commended Terry Robinson
and his staff for making this tournament a pleasant experience for all those who attended .
Trueblood visited with Howard and Mary Villhauer, Jim Schintler and askd them if they would
like the City to consider taking over the Boys' Baseball program. He asked them to think about
it, and let him know. To date, he has not heard back.
Peninsula Area: Ron Kramer, President of the Elks Club, has made a request for the City to
plant trees outside of the Elks Club fence on the hole near the Peninsula Park land to help
"screen" Elks Clug golfers from the dog park and disc golf course. Trueblood asked him to send
a letter to formally make his request to him. Kramer also mentioned his desire to place netting or
a high fence along Foster Road. Trueblood suggested that he send a letter requesting this to the
City Manager.
Citv Park Centennial: Trueblood expressed his disappointment in the turnout for the event,
however, understands that this is most likely due to the extremely hot weather. The Community
Band/New Horizons did, in fact, cancel their performance due to the heat. The pool and rides did
very well that day. Two concerts performed on the Riverside Festival Stage were very well done
but not well attended. Raaz expressed his gratitude to Parks and Recreation Staff for the work
Parks and Recreation Commission
July 19, 2006
Page 4 of 6
they did putting this event together. Trueblood said that there was good media coverage at the
event.
COMMISSION TIME/SUGGESTIONS FOR FUTURE AGENDA ITEMS.
O'Leary stated that he enjoyed the City Park Centennial and also mentioned how great it is to see
the success of the dog park. He stated that it is a good month to be affiliated with Parks and
Recreation
Raaz mentioned that there was an article in the paper about Brookland Park. In the last
paragraph he noted that the article said there would be wireless service in the park. He asked if
that was accurate. Trueblood stated that it is not part of the project plan but has been mentioned
in the neighborhood planning sessions. Raaz also mentioned an article in this months national
Parks and Recreation Magazine that talked about parks going smoke free. Raaz asked if there
were any plans for this in Iowa City.. Trueblood stated that it is very difficult to enforce no
smoking in a city park, soccer park, ball fields, etc. However, the Kickers supported signs being
placed at the soccer field that state "Children's Lungs At Work, Think Before You Light Up."
At that time a letter was sent to other organizations inviting them to participate as well. No
response at that time. The Girls Softball Organization did express their interest later and now
have such signs posted. Raaz would like to add this to an upcoming agenda for further
discussion.
Pacha again commended Joe Wagner and Terry Robinson for their work at the state tournament,
and also to those who participated in the City Park Centennial Celebration. Pacha asked that the
master plan update be added to an upcoming agenda.
Raaz noted that he was in Lansing, Michigan on business recently. One of the people attending
mentioned what nice public golf courses there are in Lansing. Trueblood noted this was once on
the Commission's "wish list." He also noted that Iowa City is, in fact, the largest city in Iowa to
not have a municipal golf course. Cedar Rapids has four public golf courses. When Fairview
Golf Course was recently sold, there was not enough time for the City to put together a bond
referendum to secure funds for a possible purchase. Even ifthere had been sufficient time it may
not have been possible due to the fact that it was being sold to the highest bidder.
CHAIRS REPORT:
No report
DIRECTORS REPORT:
The City has re-opened negotiations to purchase the Ker-McGee Property located on the comer
of First Avenue and Muscatine. This lot has been vacant for a number of years. When it first
became vacant they were asking $90,000 for the property and the City was not interested in
paying this much. If City was to purchase this property, it would probably be developed into a
small green space just to dress up what is currently an eyesore.
Parks and Recreation Commission
July 19, 2006
Page 5 of 6
Verizon has expressed interest once again in placing a cell tower in Upper City Park. Raaz asked
why City Park. Trueblood stated that it has to do with the high ground and location and, in
Truebloods opinion, because of the better service it would provide to the University. So far, the
Commission has not approved any of these requests in the past. Trueblood did note that by
ordinance it is legal to allow cell towers on public property but it is not required to do so.
Moved bv Pacha, seconded bv O'Leary to adiourn at 6:05 V.m. Unanimous.
Parks and Recreation Commission
July 19, 2006
Page 6 of 6
PARKS AND RECREATION COMMISSION
ATTENDANCE RECORD
YEAR 2006
TERM
NAME EXPIRES 1111 2/8 3/8 4/12 5/10 6/7 7/19 8/9 9/13 10/11 1118 12/13
Craig
Gustaveson 1/1/07 X X X X X OlE OlE
Judith
Klink 1/1/07 OlE X X OlE X X X
Margaret
Loomer 1/1/08 X X X X X X X
Ryan
O'Leary 1/1/10 X X X X X X X
Matt
Pacha 1/1/09 X X X OlE OlE X X
Jerry
Raaz 1/1/08 X X X X X X X
Phil
Reisetter 1/1/09 OlE X OlE X X X OlE
John 1/1/07
Watson X OlE X X X X X
John
Westefeld 1/1/10 X X X X X X OlE
KEY: X = Present
o = Absent
OlE = AbsentlExcused
NM = No meeting
LQ=
No meeting due to lack of quorum
Not a Member
City ofIowa City Parks & Recreation Commission
June 14,2006
Recreation Center Meeting Room B
IJ:L
FINAL I
CALL TO ORDER:
Meeting called to order at 5:00 P.M.
MEMBERS PRESENT: Judith Klink, Margaret Loomer, Ryan O'Leary, Matt Pacha, Jerry
Raaz, Phil Reisetter, John Watson, John Westefeld
MEMBERS ABSENT: Craig Gustaveson
STAFF PRESENT: Mike Moran, Terry Robinson, Terry Trueblood
OTHERS PRESENT: Two people present who did not sign in or speak.
RECOMMENDATIONS TO COUNCIL:
Moved bv Pacha. seconded bv Reisetter, to support the Sand Lake Recreation Area
Concept 2 - Recreation Based Development. Unanimous.
Moved bv Reisetter. seconded bv Westefeld, to approve the placement of the Dublic art
Droiect entitled "Stem and Blade" in the Peninsula Park. Unanimous.
APPROVAL OF MINUTES:
Moved bv Westefeld, seconded bv Watson. to aPDrove the Mav 10, 2006 minutes as written,
Unanimous.
PUBLIC DISCUSSION
No public discussion.
PRESENTATION OF CONCEPT PLANS FOR SAND LAKE RECREATION AREA:
Trueblood reviewed two concept plans for the Sand Lake Recreation Area. One plan is labeled
"Natural Area Development (does include some recreation area in it), and the other plan is
labeled "Recreation Based Development" (but also has natural areas in it). Trueblood is asking
the commission for their recommendation as to which plan they would like to pursue. The area
includes an 80-90 acre lake. Klink asked about the possibility of algae buildup in the lake.
Robinson stated that it would be deep enough that algae would not be a problem. Raaz asked if
Parks and Recreation Commission
June 14, 2006
Page 2 of 4
there is a cost difference between the two plans. Trueblood stated that the recreation plan would
be more costly, but no cost estimates have been completed as yet. Reisetter feels that the
recreational plan is more beneficial. Raaz likes the recreation plan, however, feels that with the
size of the property that perhaps they could incorporate a natural area in this plan as well. Klink
would also want a natural area incorporated in the recreation plan and feels that the developer
has incorporated such in both plans and that that this plan has great potential.
Moved bv Pacha. seconded bv Reisetter. to support the Saud Lake Recreation Area
Concept 2 - Recreation Based Development. Unanimous.
CONSIDERATION OF PUBLIC ART FOR PENINSULA PARK:
Commission reviewed and discussed proposed public art entitled "Stem and Blade". This project
is proposed for placement at the Peninsula Park. Pacha asked if there are plans for any future
projects in the area where this would be placed. Trueblood stated that it would be placed close
enough to the trail that it would not affect nor be affected by any future plans.
Moved bv Reisetter. seconded bv Westefeld. to approve the placement of the public art
proiect entitled "Stem and Blade" in the Peninsula Park. Unanimous.
NEIGHBORHOOD OPEN SPACE ITEMS:
There were no neighborhood open space items to discuss.
COMMISSION TIME/SUGGESTIONS FOR FUTURE AGENDA ITEMS:
Raaz discussed an article regarding placement of a pharmaceutical company in which they asked
about trails in that area. Raaz pointed out the importance of parks and recreation to investors
when they consider an area to build or open new companies. He also mentioned an article that
stated that people in the age range of 18-28 are disappearing from areas. He encouraged
Commission and staff to keep this in mind when making plans for future projects.
Raaz asked what the plans are for College Green Park. Trueblood stated that a lot of tree planting
will take place this fall. Trueblood and Robinson will be meeting with Project Green regarding
College Green Park as well as Iowa Avenue replanting.
Robinson updated Commission on progress and plans for future tree plantings in the parks and
on streets.
Reisetter commented on the new playground equipment placed at Oakgrove and what an
enhancement this is to that area.
Klink reminded commission of the article sent to them regarding garlic mustard. She stated that
she and Marcia Klingaman from Neighborhood Services are working together to plan a garlic
mustard clean-up project for 2007. Marcia asked for recommendations on who should be
involved in this planning process. Trueblood suggested Sarah Walz and the Friends of Hickory
Hill group as well as Sand Hill Preservation people. It was also suggested that they contact Barry
Westemeyer from Westport Auto Wash since he "adopts" Ryerson's Woods. It was mentioned
that Quality Care helped with clean-up of the Roosevelt Ravine and should probably be
contacted as well.
Parks and Recreation Commission
June 14, 2006
Page 3 of 4
CHAIRS REPORT:
No report.
DIRECTORS REPORT:
Farmer's Market: Trueblood provided a brief update on the situation with the Kemper's relating
to the Farmers Market. He reported that the City Council discussed this at their most recent work
session. It was suggested that perhaps a committee be formed to discuss changes or
enhancements to the market. Trueblood asked for volunteers to help with this. John Westefeld,
John Watson and Judith Klink volunteered to be on this committee, which will probably include
a couple of council members as well.
Recreation Center Window Proiect: The window project is scheduled to start on August 7.
Moran reported that the windows will be replaced with "airport" glass that is tinted and
somewhat soundproof. Project is scheduled for completion at the end of October
Bovs Baseball: Trueblood noted that there was a rededication ceremony held for the Boys
Baseball Concession Building on June 22. Also at this time, there was a small birthday
celebration for the Villhauer's and Boys Baseball. There were approximately 80-100 people in
attendance. The concession building is complete on the outside and is fully operational except
for the press box. Trueblood talked to Villhauer and Schintler about meeting again soon
regarding programming concerns.
Brookland Park: Trueblood stated that he is disappointed in the progress to date. The consultants
have asked the City to hire another consultant to work on issues with the stream.
Dog Park: The dog park will officially open on Saturday, June 17. There will be a "Ieash-
cutting" ceremony at I :00 p.m. The City Council adopted the proposed fees. Once the park is
completely done there will be a "grand opening ceremony."
Disc Golf Course: This project is progressing; Jeff Harper mentioned to Trueblood that there has
been some delay in the baskets but expects to have them by mid-July. Robinson noted that Parks
staff is helping to construct the tee-boxes. Staff does have some concern about how to get
concrete to the various tee boxes, but will be contacting a local company about getting
equipment that can handle the weight.
Moved bv Reisetter, seconded bv Pacha to adiourn at 6:20 p.m. Unanimous.
Parks and Recreation Commission
June 14, 2006
Page 4 of4
PARKS AND RECREATION COMMISSION
ATTENDANCE RECORD
YEAR 2006
TERM
NAME EXPIRES 1/11 2/8 3/8 4/12 5/10 6/7 7/12 8/9 9/13 10/11 11/8 12/13
Craig
Gustaveson 1/1/07 X X X X X OlE
Judith
Klink 1/1/07 OlE X X OlE X X
Margaret
Loomer 1/1/08 X X X X X X
Ryan
O'Leary 1/1/1 0 X X X X X X
Matt
Pacha 1/ 1/09 X X X OlE OlE X
Jerry
Raaz 1/1/08 X X X X X X
Phil
'Reisetter 1/1/09 OlE X OlE X X X
John 1/1/07
Watson X OlE X X X X
John
Westefeld 1/1/1 0 X X X X X X
KEY: X = Present
o = Absent
OlE = Absent/Excused
NM = No meeting
LQ = No meeting due to lack of quorum
--- - Not a Member
POLICE CITIZENS REVIEW BOARD
MINUTES - July 11, 2006
FINAU~
~
CALL TO OROER:
Vice-Chair Candy Barnhill called the meeting to order at 5:36 p.m.
MEMBERS PRESENT:
Elizabeth Engel, Loren Horton, Michael Larson
MEMBERS ABSENT:
Greg Roth
STAFF PRESENT:
Staff Kellie Tutlle
STAFF ABSENT:
Legal Counsel Catherine Pugh
OTHERS PRESENT:
Capt. Tom Widmer of the ICPO
RECOMMENDATIONS TO COUNCIL
None.
CONSENT
CALENDAR
Motion by Engel and seconded by Horton to adopt the consent calendar.
. Minutes of the meeting on 06/12/06
. ICPO General Order #89-04 (Civil Rights)
. ICPO General Order #00-01 (Search and Seizure)
. ICPO General Order #00-02 (Harassment and Sexual Harassment)
. ICPO General Order #00-03 (Less Lethal Impact Munitions)
. ICPO Quarterly/Summary Report (Quarter 2) - IAIRlPCRB, 2006
. ICPO Use of Force Report - May 2006
Barnhill had a question regarding ICPO General Order #89-04 (Civil Rights). Page 3,
Citizens Guarantee, Barnhill asked if this also applied to legal aliens. Widmer said he
would check with legal counsel regarding the right to counsel, but what they were
looking to do was insure that the citizens they served had rights.
Motion carried, 4/0, Roth absent.
OLD BUSINESS
None.
NEW BUSINESS
Barnhill stated that she had asked the next two items to be on the agenda and would
consider a motion to table the items until the next meeting so that all Board members
could be present for discussion.
Meetina times - Motion by Larson and seconded by Horton to table the discussion until
the next meeting so that all Board members could be present. Motion carried, 4/0, Roth
absent.
Citv Code Section 8-8-6(E) / Policv & Procedure for extension reauests - Motion by
Horton and seconded by Engel to table the discussion until the next meeting so that all
Board members could be present. Motion carried, 4/0, Roth absent.
PCRB
July 11, 2006
Page 2
PUBLIC
DISCUSSION
BOARD
INFORMATION
STAFF
INFORMATION
EXECUTIVE
SESSION
REGULAR
SESSION
None.
None.
None.
Motion by Horton and seconded by Larson to adjourn into Executive Session based on
Section 21.5(1 )(a) of the Code of Iowa to review or discuss records which are required
or authorized by state or federal law to be kept confidential or to be kept confidential as a
condition for that government body's possession or continued receipt of federal funds,
and 22.7(11) personal information in confidential personnel records of public bodies
including but not limited to cities, boards of supervisors and school districts, and 22-7(5)
police officer investigative reports, except where disclosure is authorized elsewhere in
the Code; and 22.7(18) Communications not required by law, rule or procedure that are
made to a government body or to any of its employees by identified persons outside of
government, to the extent that the government body receiving those communications
from such persons outside of government could reasonably believe that those persons
would be discouraged from making them to that government body if they were available
for general public examination.
Motion carried, 4/0, Roth absent. Open session adjourned at 5:47 P.M.
Returned to open session at 6:07 P.M.
Motion by Horton and seconded by Larson to set the level of review for PCRB Complaint
#06-02 to 8-8-7(B)(1)(a), on the record with no additional investigation. Motion carried,
4/0, Roth absent.
MEETING SCHEDULE
. August 8, 2006, 5:30 P.M., Lobby Conference Room - Time Changed
. September 12, 2006, 7:00 P.M., Lobby Conference Room
. October 10, 2006, 7:00 P.M., Lobby Conference Room
. November 14, 2006, 7:00 P.M., Lobby Conference Room
ADJOURNMENT
Motion by Horton and seconded by Larson to change the time of the August 8 meeting
to 5:30 P.M. Motion carried, 4/0, Roth absent.
Motion for adjournment by Engel and seconded by Larson. Motion carried, 4/0, Roth
absent. Meeting adjourned at 6:09 P.M.
POLICE CITIZENS REVIEW BOARD
ATTENDANCE RECORD
YEAR 2006
(Meetinl!: Date)
TERM 1/10 2/14 3/21 4/11 5/9 6/12 7/11 8/8 9/12 10/10 11114 12/12
NAME EXP.
Candy 9/1107 X X X NM X X X
Barnhill
Elizabeth 9/1108 X OlE X NM X X X
Engel
Loren 9/1108 X X X NM X X X
Horton
I Greg Roth 9/1109 X X X NM X X OlE
Michael 9/1/09 X OlE X NM X X X
Larson
I
I
I KEY: X = Present
,
o = Absent
OlE = Absent/Excused
NM = No meeting
--- = Not a Member
c::
MINUTES
Iowa City Airport Commission
Jnly 13, 2006
Iowa City Airport Terminal- 5:45 PM
FINAL
Members Present: Randy Hartwig, Chair; John Staley; Janelle Rettig; Howard Horan
Members Absent: Greg Farris
Staff Present: Sue Dulek, Michael Tharp
Others Present: David Hughes, Ron Duffe, Rick Mascari, Steve Eaton, Jill
Fishbaugh, Justin Fishbaugh, John Ockenfels
DETERMINE QUORUM:
Chairperson Hartwig called the meeting to order at 5:47 PM.
RECOMMENDATIONS TO COUNCIL: None.
APPROVAL OF MINUTES FROM THE JUNE 8, JUNE 16, JUNE 23, AND JUNE 27,
2006, MEETINGS:
Chairperson Hartwig asked if anyone had any changes to the above-named minutes.
Rettig noted that she had a change on the June 16 minutes, under B.a., where it states
"Rettig asked if the engineering contract had been an open bid item," stating that what
she was asking was whether they had met the percentage, but that she does not remember
asking about an "open bid item." Also, Rettig noted that on the June 8 minutes, under
Commission Members' Reports, it should state: .. .invite Harkin and Grassley and/or their
staff - not spouse. Hartwig asked the members if item ii on page 2, where it states
"Discussion continued on what items are covered by the grant funds and what items need
to have additional funding in order to complete. Tharp noted that proceeds from the
Hagen parcel would be a possibility for this," makes sense to them. Tharp gave some
clarification on this. Rettig moved to accept the minutes of June 8, Juue 16, June 23,
and June 27, 2006 as amended above; seconded by Horau. Motion carried 4-0;
Farris absent.
PUBLIC DISCUSSION: None.
ITEMS FOR DISCUSSION/ACTION:
A. Consider a resolution approving "Security Information Policy." - Dulek
addressed the members concerning a new law passed this spring by the
Legislature - HF 2590 - which addresses the confidentiality of specific
information, such as security procedures or emergency preparedness
information. These types of items will not be available to the public under an
Airport Commission
July 13, 2006
Page 2 of6
Open Records request. Dulek also talked to the Commission about adopting
an Open Records Policy, such as the City has. Rettig asked for some
clarification of the request policy. Staley moved approval of Resolution
A06-14 as discussed; seconded by Rettig. Approval of adopting
Resolution A06-14 carried 4-0; Farris absent.
B. F AAlIDOT Projects - Earth Tech - David Hughes
a. Runway 7/25
1. Update - Hughes told the members that today they received the
grant offer from the FAA for the grading and obstruction removal.
They have also received contracts back from the grading contractor
and will be setting up a pre-construction conference soon. Hughes
also noted that the box culvert project is awaiting final paperwork
from Iowa Bridge. Hartwig noted that he has not yet had a chance
to talk to anyone at the City about the fencing questions posed at
the previous meeting. Horan stated that he wants to see a 6-foot
chain link fence used. Rettig asked for clarification on where they
are financially, in terms of being able to fund some of these
projects. Horan moved to accept the FAA-13 Grant; seconded
by Staley. Motion carried 4-0; Farris absent.
b. Taxi-lane North Tee's and Parking Lot Rehab
i. Update - Hughes stated that they had their pre-conference meeting
today with the contractor and he brought the members up to date
on this project. Hartwig reminded members that when these
projects begin, tenants are going to have to be aware of what to
expect. Tharp will be sending out a letter to tenants who will be
affected by this work. Tharp gave a brief rundown of the changes
that will be made with fencing, the viewing area, etc. Parking
issues were discussed at some length, with Hartwig stating that
they need to write a policy on this soon.
c. ASOS Relocation
1. Update - Hartwig noted that the ASOS relocation and the 18/36
runway are related to each other and asked that they combine the
discussion. Rick Mascari addressed the members, stating that he
wanted to discuss the 18/36 runway. He gave the members some
background history on this runway and incidents in the past that
the Airport Commission had to address concerning it. He also
noted what the Master Plan had in mind for this runway. Mascari
strongly urged the Commission to reconsider their decision on
closing this runway. Members asked Mascari questions regarding
take-off and landing regulations ofthe FAA. (TAPE ENDS) The
discussion continued among those present regarding the closing of
runways during the various projects taking place. Hartwig noted
that originally the Airport's timelines and City's timelines meshed
2
Airport Commission
July 13, 2006
Page 3 of6
on these projects, but due to circumstances during the past year,
this is no longer true. The discussion turned to how the ASOS has
to be relocated before certain proj ects can even begin. Hughes
clarified the relocation of the ASOS and what they need to do in
order to complete this. Mascari suggested they relocate the
threshold, which allows construction to take place with the road,
and as for the ASOS, he feels this should not be a major obstacle.
Hartwig addressed some of Mascari's concerns. Rettig asked for
clarification on exactly what must be done once the City starts
their construction project. Discussion continued about the ASOS
relocation and the possibility of preserving the third runway.
Rettig turned the discussion to a grass runway and what would be
required to have one. Options were discussed briefly. Hartwig
noted that August I st is the slated close date. Hughes responded to
questions by members regarding the runway project and ASOS
relocation. Ockenfels commented on a potential drainage issue in
using the remaining pavement. The discussion returned to better
communication between the Commission and the public regarding
Airport activities. Questions were asked regarding the timeframe
of meeting minutes, to which Dulek responded. The discussion
turned to July 27th being the date the ASOS will go down, with
members stating that this could be bad timing with other events
going on. Hughes stated researching more ASOS locations could
take several months and result in delaying construction efforts on
Mormon Trek. Rettig moved to accept the Memorandum of
Agreement with the FAA; seconded by Horan. Motion carried
4-0; Farris absent.
d. Runway 18/36
i. Update - (see above discussion)
C. South Aviation Development
i. Update - Hartwig noted that they have a grant to conduct a study
of the area south of 12/30 to determine future needs of the Airport.
Earth Tech is coordinating this effort, with Horan and Hartwig
working with Hughes on this, in addition to some City staff.
(TAPE ENDS)
D. Aviation Commerce Park - Hartwig noted that Harry Wolf could not be
present this evening. He stated that he, Tharp, and Horan met with Wolf
recently to get some information on the aspects of leasing. Horan gave the
members a brief synopsis of leasing of public land versus privately held land,
with Dulek giving clarification on this issue. Horan stated that he would like
to see the Airport maintain as much control and ownership ofthis land for as
long as possible. Hartwig brought up the issue of the Wal-Mart land sale,
stating that July 3151 is the cut off date and either the land will be sold or it
3
Airport Commission
July 13, 2006
Page 4 of 6
won't. Rettig asked for some clarification on the flood plain issue that arose
at the City Council's recent meeting. Dulek responded, stating that the bottom
line is July 31 st is the cut off date for the sale to take place.
E. T-Hangar Contracts-Hartwig noted that he would be recusing himself from
this discussion.
a. Language of Contract - Tharp noted that the members have a copy of
the lease agreement that they recently hammered out. He asked if
anyone had any changes to the language. Rettig asked what changes
were made after last months' meeting. Tharp noted that Item 24 is
new, and Dulek noted that the "repairs" issue (Item 10) was also
clarified in the lease language. Staley moved to accept the T-
Hangar Lease for 2006-2007 as presented; seconded by Rettig.
Motion carried 3-0; Hartwig abstaining and Farris absent.
b. Lease Rates - Tharp stated that they now need to decide on the lease
rates. Discussion began with Tharp giving members a brief history of
Hangar K and the need to bring those tenants up to the current rates.
He responded to questions by Rettig regarding current rates and the
difference in rates between hangars. Tharp stated that he would
suggest keeping the rates the same for buildings A, B, and C - the
older buildings. Buildings I, J, and K were discussed next, with Tharp
stating that overall, he would recommend increasing K by $10.
Members asked for more clarification on this recommendation by
Tharp. The issue of depreciation playing into these numbers was
discussed next. Rettig stated that she feels they need to bring lease
rates into line with what it costs the Airport for each specific hangar.
She stated that A, B, and C should remain the same, as they are
contributing to the overall health of the Airport; however, I, J, and K
should be increased by some amount (certain tenants would get the
$10 increase and some would get a $20 increase, based on completed
upgrades). Staley stated that he agrees with what Tharp has
recommended and he feels the rate difference is due to age of hangars,
etc. The discussion turned to the electrical expenses for specific
hangars, with Tharp answering the members' questions. (unable to
hear female in audience) Rettig discussed the Airport's debt load and
the need to have more income. (TAPE ENDS) Discussion continued
with the members reviewing I, J, and K's expenses. Rettig moved to
keep Hangars A, B, and C at the same rates as last year; to take I,
J, and K and raise the rent $10/month, except for the 7 hangars in
K that would increase $20/month, to go into effect with the new
leases in October. No second heard; motion died.
Tharp restated his original proposal, which is to bring Hangar K up to
the $10 increase. Staley brought up the "voluntary contribution to
electricity" issue. Horan stated that he feels they should have those
4
Airport Commission
July 13, 2006
Page50f6
who are consuming more electricity in metered hangars, where they
could pay for their higher usage. Rettig again stated that she feels they
need to increase rates in order to keep the Airport viable. Staley asked
Tharp for more clarification on the electrical expense for each hangar
and which hangars are metered. Staley moved to keep A, B, and C
the same; and increase K to the level that was adopted for this
year, plus a $lO/month charge for those building airplanes in their
hangars; seconded by Horan. Motion carried 2-1; Rettig voting in
the negative; Hartwig abstaining and Farris absent. Horan
suggested that they make a visit to City Hall and find out how they
deal with depreciation and those types of issues.
F. Airport "Operations": Strategic Plan-Implementation; Budget; and Airport
Management
a. Conference Room Chairs - Staley asked Tharp if the chairs he has
selected will slide underneath the table easily, which Tharp stated that
he believes they do. Tharp fielded questions from members regarding
the eight chairs they are planning to purchase. Rettig suggested they
check with a local company and that Tharp personally check out the
chairs. Horan moved to allow Tharp to purchase eight conference
room chairs as discussed; seconded by Hartwig. Motion carried 4-
0; Farris absent.
G. Subcommittees' Reports - None.
COMMISSION MEMBERS' REPORTS: Hartwig noted that Tharp successfully
completed the American Association of Airport Executives. He also mentioned that Jet
Air recently held an Aviation Kid Camp at the Airport. Hartwig also thanked Rettig for
putting together the visit recently by local Representatives.
STAFF REPORT: Horan noted that he did some cleaning up around the fuel pump
area. Tharp noted that the State Transportation Commission recently finalized the State
Aviation Plan and in doing so, Iowa City was awarded three ofthe four projects that have
been applied for. He briefly reviewed these projects and answered members' questions.
Dulek noted that the members cannot accept these grants tonight, but they can at the next
meeting on the 27th. Rettig noted that she will be unable to attend the meeting on the
27t\ but that she is in favor of this.
SET NEXT REGULAR MEETING FOR: August 10,2006 @ 5:45 P.M.
ADJOURN: Meeting adjourned at 8:36 P.M.
Chairperson
Date
5
Airport Commission
July 13, 2006
Page 60f6
Airport Commission
ATTENDANCE RECORD
YEAR 2006
(Meetin~ Date)
TERM 1/12 2/9 3/9 4/13 5/1 5/11 5/31 6/8 6/16 6/23 6/27 7/13
NAME EXP.
Daniel Clay 3/1/08 -- --- --- -- -- --- --- --- -- -- -- ---
Randy Hartwig 3/1/09 X X X X X X X X X OlE X X
Greg Farris 3/1/07 0 X X X X X X X X X OlE OlE
John Staley 3/1/06 X X X X X X OlE X X OlE X X
Howard Horan 3/1/08 X X X X X X X X X X X X
Janelle Rettig 3/1/12 --- --- X X X X X X X X X X
7/27 8110
.............
Randy Hartwig 3/1/09
Greg Farris 3/1/07
John Staley 3/1/10
Howard Horan 3/1/08
Janelle Rettig 3/1/12
KEY: X = Present
o = Absent
OlE = Absent/Excnsed
NM = No meeting
--- = Not a Member
6
rnr
MINUTES
Iowa City Airport Commission
July 27,2006
Iowa City Airport Terminal - 7:30 AM
FINAL
Members Present: Randy Hartwig, Chair; John Staley; Howard Horan
Members Absent: Greg Farris, Janelle Rettig
Staff Present: Sue Dulek, Michael Tharp
Others Present: None
1. Determine Quorum - Chairperson Hartwig called the meeting to order at 7:37AM
2. Resolution - Consider a resolution awarding contract and authorizing the Chairperson to sign
and the Secretary to attest a contract for the construction of "North T-Hangar Taxi/ane and
North Terminal Parking Lot Rehabilitation. Tharp stated they had received bids for the project
and the low bid was LL Pelling Co at $174,073.17, Motion to vote on approval of
Resolution A06-16, moved by Staley, seconded by Horan. Resolution A06-16 Passed 3-
o (Farris, Rettig Absent)
3. Resolution - Consider a resolution approving supplemental agreement no. 6 with Earth Tech
for engineering services relating to the mitigation of obstructions within the primary surface
and the approaches to Runway 7/25. A brief discussion was held regarding the obstructions
associated with this project. Hartwig stated some of the obstructions discussed in the
agreement were on Airport Property and were to be removed as part of the runway extension
grading project. Motion to vote on approval of Resolution A06-17, moved by Horan,
seconded by Staley. Resolution A06-17 Passed 3-0 (Farris, Rettig Absent)
4. Adjourn - Meeting Adjourned at 7:40
Chairperson
Date
- ---_._~--"----~-_._--_..._---_.__._-------~.,-~--_._---_._-"~'-'--'---
Airport Commission
July 27,2006
Page 2 of 2
Airport Commission
ATTENDANCE RECORD
YEAR 2006
Meetina Datel
TERM 1/12 2/9 3/9 4/13 5/1 5/11 5/31 6/8 6/16 6/23 6/27 7/13
NAME EXP.
laniel Clay 3/1/08 --- m ... ... m ... ..- ..- ... ... m ...
~andy Hartwig 3/1/09 X X X X X X X X X OlE X X
3reg Farris 3/1/07 0 X X X X X X X X X OlE OlE
lohn Staley 3/1/06 X X X X X X OlE X X OlE X X
ioward Horan 3/1/08 X X X X X X X X X X X X
lanelle Rettig 3/1/12 ... m X X X X .X X X X X X
7/27 8/10
............
~andy Hartwig 3/1/09 X
3reg Farris 3/1/07 OlE
lohn Staley 3/1/10 X
ioward Horan 3/1/08 X
lanelle Rettig 3/1/12 OlE
KEY: X = Present
o = Absent
OlE = Absent/Excused
NM = No meeting
... = Not a Member
- -----_._-.,,--_._,~.._._"'_._,.._--_._._._.._---_._-----~_.__..._..._._.._..,-_.,,-~~_.__._---_.~._..
mr
MINUTES
Youth Advisory Commission
June 14,2006 - 7:00 P.M.
Lobby Conference Room, City Hall
FINAL
Call to Order: Meeting called to order at 6:35 P.M.
Members Present: Kamps, Subramanian, Nelson, Keranen, Stubbers (6:40),
Ziegenhorn (7:05)
Members Absent (Excused): Bleam
Others present:
City Council Liaison Correia (6:50); City Clerk Karr
Recommendations to Council (effective only after separate Council action)
None
. Approval of Minutes
Moved by Subramanian, seconded by Kamps, to approve the minutes from the minutes
of May 25. Motion carried unanimously, 4/0, Stubbers, Bleam and Ziegenhorn absent.
Discussion on youth leadership and involvemenUresources
Subramanian reported she was unable to reach Nancy Quellhorst as a speaker that
evening.
United Action For Youth (UAY) Volunteer Coordinator Janie Jeffries provided information
on the programs at UA Y, and circulated brochures. Jeffries distributed an invitation to
the "Youth As Facilitators Training" on June 26, and encouraged Commission
participation. Keranen and Subramanian stressed the importance of exposure and
accessibility for the Commission and how UA Y might help. Jeffries suggested that the
Commission might identify an event and approach UA Y for assistance. Correia noted
that the UAY sites might offer space for bulletin board, meeting and/or a place to drop off
comment cards. Jeffries stated that once the Commission website was available a link
could be provided from the UA Y site. She also noted as chair of the Youth Leadership
Program for the Chamber the Commission might want to participate in the January
Government session. Jeffries identified other resources that the Commission might wish
to contact or participate in with a representative: Johnson County Youth Development
Initiative; Chamber of Commerce; Johnson County Board of Supervisors; and various
human service agencies. Jefferies also offered access to their emaillist, and Karr
offered to provide hard copy in each meeting packet if the Commission was interested.
Jefferies stated that her experience was that a person to person contact is always the
most beneficial working with youth, and shared successes of their program at Southeast
and expansion to Northwest.
Youth Advisory Commission
June 14, 2006
Page 2
Discussion of Name taQ and/or button
Development of LOQO / t-shirt
Keranen stated she had copies of the designs included in the meeting packet, noting all
the details of some of the designs did not reproduce accurately. Members preferred the
City design (second design/bottom page) submitted by City Clerk Karr and asked for
adjustments for the next meeting to include:
~ Smaller "City of Iowa City" wording
~ Larger "Youth Advisory Commission" wording and changing the font to dress it
up and stand out from "City of Iowa City"
~ Design badge using logo and adding first name only for review, with bar
magnetic clasp, and no larger than photo 10 card displayed by City Clerk Karr
~ Provide samples of various fonts for design
~ Provide prices for polo shirts, including embroidered versus silk screen logo
The City Clerk will provide information in the next meeting packet.
Discussion of website
The meeting relocated to the City Clerk's office for review of various websites. Sites
mentioned include:
www.RWCTeens.com
www.ci.tracv.ca.us
www.coralvilleoubliclibrarv.oro/colteens/
www.wikioedia.com
Features identified by the Commission that they liked include:
1. Music
2. Promotional videos
3. Editorials
4. Pictures and bio of Members
5. Annual Report (Karr noted all Boards and Commissions are asked to do one)
6. Interactivity
7. Questions and responses
8. Forums
9. Chat rooms
City Council Correia and City Clerk Karr stated there were legal issues involved with
chat rooms and interactivity that should be addressed by the City Attorney. The
Commission requested that the City Webmaster attend their next meeting.
Public Discussion
None
An nou ncements/I nvitation
Subramanian and Kamps asked if Commission Members could volunteer for upcoming
events such as Jazz Fest. City Councilor Correia stated City Park was celebrating its
centennial and members might get involved in that as well. She requested Parks &
Recreation send information on the celebration to members. Nelson asked that the
Youth Advisory Commission
June 14,2006
Page 3
Commission schedule discussion of the late night bus service to an agenda. UISG Rep
to the Council (Austin Baeth) will be asked to attend the next meeting
Moved by Stubbers, seconded by Subramanian, to adjourn 8:10 p.m. Motion carried
unanimously, 6/0, Bleam absent.
Prepared by Karr
Youth Advisory Commission
June 14,2006
Page 4
Youth Advisory Commission
ATTENDANCE RECORD
YEAR 2006
(Meetin2 Date)
TERM 3/23 3/30 4/13 4/20 5/25 6/14
NAME EXP.
Audrey 12/31/07 X X X X X X
Keranen
Sarah 12/31/07 X X X OlE OlE X
Zie2enhorn
Subha 12/31/06 X X X X X X
Subramanian
Elyse 12/31/06 OlE X X X X X
Abboud
Kamps
Maison 12/31/07 X X X OlE OlE OlE
Bleam
Jacqueline 12/31/07 X X X X X X
Stubbers
Michael 12/31/06 X X X X X X
Nelson
KEY: X = Present
o = Absent
OlE = Absent/Excused
NM = No meeting
--- = Not a Member
- ---,----.._-----_.._-~_...._._.._...._.,._--_._--_._,...--.,---~.,---,---~-----~.,-~._----~---------"-_.__.~~_.'--'--'--'---'--~---~--
MINUTES
IOWA CITY BOARD OF ADJUSTMENT
July 12, 2006
EMMA J. HARVAT HALL -IOWA CITY, CITY HALL
MEMBERS PRESENT: Carol Alexander, Michelle Shelangouski, Karen Leigh, Michael Wright
GEL
APPROVED
MEMBERS ABSENT: Ned Wood
STAFF PRESENT: Sarah Walz, Mitch Behr
OTHERS PRESENT: John Jadryev, Chuck Baker, Chris Stephan, Jim Walters, Wally Taylor, Gary Sanders,
Nancy Carlson, Chris Degroot, Sarah Swartzendruber, Adam Bohn, Swen Larson,
Brian Alexander, Diedre Fleener, Mary Chival
CALL TO ORDER:
Chairperson Leigh called the meeting to order at 5:08 PM.
CONSIDERATION OF THE MARCH 8. 2006 MINUTES
Wright wanted to clarify that Wally Taylor who spoke at the June meeting did not have an Iowa City address.
Walz said that Taylor is an attorney from Cedar Rapids representing a local group, and the minutes could be so
amended.
MOTION: Alexander moved to approve the June 14, 2006 minutes. Wright seconded the motion,
Motion passed 4:0.
SPECIAL EXCEPTIONS:
EXC06-00012: Discussion of an application submitted by Wal-Mart Stores, Inc. for a special exception for the
placement of fill in the floodplain on property located in Community Commercial (CC-2) zone on Rupert Road.
Walz said the subject property is located north of the Iowa City Airport, south of Highway 1. She said it was
rezoned for Community Commercial use in 2005, and the surrounding properties are for various commercial
uses. She said the CC-2 is more of an intense retail zone, and the CI-1 is more a quasi-industrial outdoor
display.
Walz noted a portion of the subject property is located in the 1 OO-year floodplain and the applicant has proposed
to put fill in the floodplain in order to develop the property. The applicant has applied for and will need to secure
a floodplain permit from the building official prior to placement of fill in the floodplain. She said the Iowa City
Zoning Code does not require nor does it provide for a special exception for putting fill in the floodplain. She
noted these actions are allowed by administrative approval. However, in a 2003 case before the Iowa Supreme
Court involving the location of a Wal-Mart store in Decorah, the court deemed invalid the City of Decorah's
Ordinance granting the City Council the authority to approve the placement of fill in the floodplain and one may
interpret that to mean that it is required to get a special exception in order to fill in the floodplain. So, given the
ambiguity of how that decision can be interpreted Wal-Mart has chosen to apply for a special exception to put fill
in the floodplain. The City Attorney has advised the Board to hear this application.
Walz said Iowa City's Zoning Code does not define filling in the floodplain as a special exception. Because there
are a lot of people in the public the meeting, it was important to explain that a special exception is something
that is written into the zoning code as something that can be allowed but only through the discretion of the Board
of Adjustment, and then the Code provides specific criteria for that specific situation. She said that two examples
of special exceptions are reducing a required setback or allowing a church to be established in residential zone.
Walz further noted, the Zoning Code provides specific criteria for those specific situations. We don't have such
a special exception for filling in the floodplain, so we can only look at the general set of criteria that apply to all
special exceptions. Walz noted a handout by the door that listed the general criteria for anyone in the audience.
Walz said that given this unusual situation, she asked Rick Fosse, the Director of Public Works, to provide
general overview of the floodplain regulations for Iowa City.
Fosse said if you go back to the 1970's, the federal government looked at the floodplain issue and thought that
we could do a better job as a nation managing our floodplains and reducing our losses. So they developed
something called the National Flood Insurance Program (NFIP). That has two basic goals: to provide
affordable flood insurance to people who live in the floodplains and then also to require local entities to
responsibly manage development within the floodplains. To facilitate this, the Feds assisted in helping to
develop floodplain maps. Fosse showed a portion of the floodplain map for Iowa City and explained that there
are three key components of information on the map. One is the definition of the floodplain area. Secondly, is
defining the floodways. Also, on these maps is a prediction of how deep the water will get in a 1 DO-year flood,
so if you're going to develop in the fioodplain you understand what level you need to protect to.
Sheiangouski asked if they had a copy of the map because it was hard to read.
Fosse indicated that it was exhibit 5 in the application.
Fosse continued, in addition to the mapping the Feds also assisted with a model ordinance. If you want your
citizens to be able to buy flood insurance you need to have enacted an ordinance that has at least the standards
of the model ordinance. The ordinance recognizes the importance of floodplains both for storage and
conveyance of flood waters. It also introduced the concept of floodways.
Fosse showed a cross-section of a river valley that showed the 1 DO-year floodplain. The fioodway is an area
that is defined within the middle of that and is a spot that is reserved for no development and no fill. The
concept being that you could fill within the floodplain up to the edge of the floodway, and if you do that
completely as high as you like on both sides but do not extend into the floodway, the rise in surface elevation
upstream is no more than one foot. That's a standard that was adopted nationally as a good way to manage our
floodplains so that's what we have enacted locally. Fosse asked, does that make sense, the distinction between
floodplain and fioodway? Okay.
Fosse said, the other thing was that it adopted a permitting process that we put in place here for some time.
That's really the basics of floodplain management. He asked, do you have any questions that I could answer for
you in that regard?
Wright said the water upstream is limited to roughly a one foot rise, but what about downstream?
Fosse said downstream flows are really controlled by downstream components, so what you do upstream does
not affect flow downstream, if anything it might lower that water surface elevation a little bit.
Wright asked where does the water go if it's not spreading out on the floodplain?
Fosse said it moves more quickly through the middle.
Shelangouski said, so it moves deeper and faster?
Alexander said, it increases velocity?
Fosse said yes, it can.
Alexander asked, I was told that the 1 DO-year designation was based on history of the particular area and what
has happened to it in the past, but one of the issues that's occurred is that as we've changed the landscape
we've changed what happens. Is that an accurate assessment in your mind?
Fosse, the floodplains are defined based on history as one component but also on hydraulic modeling and
hydrologic predictions. We don't have good records for exactly what the 100-year flow is, with the exception
being the Iowa River where we have a pretty good handle with what happened in 1993 and we tuned up our
maps to reflect that. At the same time we were doing a tune up with the Iowa River, we did adjust the area
along Willow Creek as well to try and define that better.
Alexander asked, now does this involve the floodplain for Willow Creek?
Fosse, this is the Willow Creek floodplain.
Alexander asked, And how high in 1993 did the flooding get up to?
Fosse, in this area? I don't know if it got into this area or not. The 1 DO-year event that we had in 1993 was on
the Iowa River. In Ralston Creek we had roughly a 50-year event. I don't know if we got that on Willow Creek
or not.
Fosse said, so really the question is, is the fill proposed going to be in the floodway or outside the fioodway. In
this case, the edge of the floodway from center line is about 60ft and the area where they are proposing fill is
roughly 2,600 feet from the center line of the creek, so it's quite far removed.
Alexander, are you the appropriate person to answer questions about the No Rise Certification?
Fosse, Chris Stephan is here tonight with MMS consultants and he's the one who did those calculations.
Alexander, okay I'll save my questions for him.
Walz said, Rick one thing I had asked you about is that the standards that are set-and this is in the report-
when a building is proposed or when a development is proposed, I put in the report is that it anticipates a fully
developed floodplain so the idea is that anything that's developed in the floodplain is developed assuming a
scenario that would probably never happen that the entire floodplain would be developed. So when you're
talking about displacing water you're looking at the level that it has to come to would the case ever arise that the
whole floodplain is developed.
Fosse, part of the floodplain management ordinance requires that when you develop in the floodplain you
elevate up to one foot above the predicted flood elevation and what that is for is that in the long term assuming
that the floodplain is fully developed on both banks that one foot rise in water surface elevation still would not
damage the structure.
Alexander, but its talking about not damaging the structure that's in question, or any structure?
Fosse, the structure that get's a floodplain development permit.
Alexander, okay, so that's really something that protects the applicant and their property?
Fosse, yes.
Behr, as well as the fact that in this case, what's actually being done is not development in the floodplain, the fill
will take the area out of the floodplain.
Alexander, but there's also the question of how the applicant proposes to solve the problem.
Behr, it's not before the Board, but when they place fill and it's no longer in the floodplain, the buildings will not
be subject to floodplain regulations because they will not be in a floodplain.
Alexander, that's if they're granted permission to put the fill in?
Behr, correct. And that's one thing that I wanted to point out, if they're granted permission to place the fill and
FEMA has given them a conditional letter saying the map will be amended that this will no longer be in the
floodplain, only then would the buildings be in compliance with the applicable regulations.
Alexander, but since part of what we are being asked to consider in the general regulations has to do with
neighboring property values and general welfare we do have to look at what the affects of doing this are on the
area.
Behr, correct, the placement of fill would allow development, the point not being, you're not looking at what kind
of development is going in, just that it would allow development.
Fosse, and I think in answer to your question Carol, if you look at the upstream watersheds those are all
properties that have developed since the enactment of the floodplain management ordinance. So, if they were
in the floodplain, they were elevated to one foot above so that they have that protection level in place.
Behr, Rick has fill been placed in this area previously?
Fosse, fill has been placed in this area as part of anticipation of selling the lots here.
Shelangouski, So at one point in time the buildings north of here were in the floodplain fill was placed in it and it
was removed from the floodplain because of the fill being placed there?
Fosse said that fill was placed around Ruppert Road in anticipation of the development. The buildings I talked
about earlier are further upstream. Any other questions?
Walz, we'll go back to talking about the general standards. The question then is whether the placement of fill in
the floodplain at this location meets the general standards required for any special exception. In order to
evaluate the general criteria we must look to the Zoning Code and Comprehensive Plan and any associated
district plan.
The first general standard is that the special exception proposed will not be detrimental or endanger the public
health, safety, comfort, or general welfare. Placement of fill in the floodplain to elevate the area and remove it
from the floodplain is an option for commercial development. The purpose of elevating land proposed for
development and removing it from the floodplain Is to ensure the public health, safety, and general welfare by
minimizing flood hazards to future users of the development. The City's Comprehensive Plan and floodplain
regulations anticipate both the placement of fill and the development within the floodplain.
Two, the specific proposed exception will not be injurious to the use and enjoyment of other property in the
immediate vicinity and will not substantially diminish or impair property values in the neighborhood. The
applicant has proposed fllllng in the floodplain on approximately 10 acres of the entire 22.59 acre property. The
placement of fill in the floodplain along Ruppert Road will not increase flood risk to any surrounding properties
as required by the building official, the applicant has provided certification from a licensed engineer that there
will be no rise in the flood elevation as a result of this fiil. As stated in the certificate, additional storage and
flowable area will be provided in the floodplain as a result of this project.
The applicant's property and other surrounding property are zoned for commercial uses. Fill will enable
commercial development of any kind to occur in the floodplain. The opportunity to develop this property for
commercial use will, in all likelihood, increase the value of surrounding property.
Establishment of the specific proposed exception will not impede the normal and orderly development and
improvement of the surrounding property for uses permitted in the district in which such property is located. The
specific proposed activity will increase the opportunity for further development of the property in question and
will not impede improvement of surround properties for uses allowed in the community commercial zone.
Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
Because this request is only for filling in the floodplain the issue of utilities, access roads, etc. is not applicable.
Utilities, access roads, and drainage are not required for filling in the floodplain.
Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic
congestion on public streets. Again, this is not applicable to the issue of filling in the floodplain.
Except for the specific regulations and standards applicable to the exception being considered, the specific
proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in
which it is to be located. The property in question is zoned for commercial development. The applicant has
applied for and will need to secure a floodplain development permit from the building official prior to placement
of fill in the floodplain.
The proposed use will be consistent with the Comprehensive Plan of the City, as amended. The future land use
scenario presented in the South Central District Plan, which was amended in April 2005, shows the
undeveloped property north of the airport as retail community commercial. In addressing the 100-year
floodplain, the district plan indicates that development is not prohibited in the floodplain designated areas but in
such low-lying flood-prone areas, substantial fill is required to minimize flooding. Future development in the
area is addressed in the District Plan as well. Commercial development and zoning are planned for most of the
54 acre airport north commercial park. The property at issue is zoned for commercial uses. Placement of fill in
the floodplain to elevate the area and remove it from the floodplain is an option for commercial development of
land in the floodplain.
Staff recommends that EXC06-00012, an application for a special exception to permit fill in the floodplain for
property located south of Highway 1 along Ruppert Road be approved.
Public Hearino Ooened
Chuck Becker, of 666 Walnut Suite 2000 (Des Moines, Iowa) said that Wal-Mart is seeking an application to fill
In the floodway fringe. The ultimate development of the site will be for a Wal-Mart facility, the details of that
facility will be reviewed by several other entities with the City. He said the issue tonight is narrow; does the
Comprehensive Plan allow the placement of fill for a commercial development?
Becker noted that according to the South Central District. Plan, the City intends for commercial uses to be
established in the airport north commercial park, which is where the proposed Wal-Mart site is located. He said
the community commercial zone is appropriate for Wal-Mart stores. Furthermore, he noted the District plan
addresses the 1 OO-year floodplain issue and says, "development is not prohibited in floodplain designated areas
but in such low-lying flood-prone areas substantial fill is required to minimize the flooding." He reiterated staff's
comment that filling of the floodplain to elevate and, therefore, remove the property from the floodplain is an
option for commercial development in the floodplain.
Becker said that the City has already placed a substantial amount of fill in the specific area of the proposed Wal-
Mart site. Exhibit 9 shows the actual area that Wal-Mart will be filling. Exhibit 10 also shows the area of fill after
such filling has occurred. The fill that needs to be placed in addition to what has already been placed there by
the City is about two feet below the 655 grade which is the 1 DO-year flood elevation.
Shelangouski clarified that the site already has had fill placed on it by the City.
Becker said if you look at the FEMA map, a section zoned AH is no longer there as it has been filled. He said
that is where the bulk of the facility will sit. It doesn't get changed until the CLOMR-F (Conditional Letter of Map
Revision Based on Fill) is finalized with FEMA, which will be done after the project is completed.
Becker reiterated that the actual placement of the fill will not result in any increase of flood elevation, even
though a one-foot rise is allowed. He also said that he believed surrounding property values will increase-it
allows for safe development, and it is in compliance with the Comprehensive Plan. He asked that this item be
approved.
Chris Stephan, MMS of 1617 South Gilbert Street, said that his engineering firm has been assisting on the
project. He has lived in Iowa City for the last 30 years involved in floodplain issues and said he was here to try
and answer any questions.
Alexander, said because so much of the staff report seemed to rely on the No Rise Certification I tried to look up
some information and everything sent me to the FEMA website. When you read their description of No Rise
Certification all of their language refers to the floodway rather than the floodplain. Can you explain?
Stephan said the activity that takes place they will allow filling in the floodplain, but as Rick Fosse told you no fill
at all is allowed in the floodway. The ordinance anticipates allowing a one-foot rise of stream/river level because
of filling that will be allowed in the floodway fringe. The regulations that FEMA, through the suggested
ordinance that Iowa City has adopted, require that any structure that is constructed on the floodplain be elevated
a minimum of one foot above the flood elevation. That is the filling in the floodplain anticipated allowing a one-
foot rise in the floodway. I've been involved in a couple of instances where activities have been suggested. One
was a sand pit operation up on the Cedar River, which was actually in a floodway and we went though the No
Rise Certification process having to demonstrate to the Iowa Department of Natural Resources that we had
created enough additional floodway area so that we didn't increase the elevation of the 1 DO-year flood in that
particular instance. Now, I kind of went around your issue but the ordinance does allow filling in the floodplain.
Alexander said no I understand that. My question was very specifically related to the No Rise Certification. So,
it's been applied in this case to the floodplain. I mean you're specifically in your No Rise Certificate applying it to
a floodplain, not the floodway.
Stephan replied that that was correct. He said because the floodway was so far removed in this instance.
Willow Creek actually skirts the south limit of the airport and we are really at the north limit. In this particular
instance, the area that we're in, this floodplain area is designated AN. That is indicating that this is more of a
ponding situation. In this location we have Willow Creek coming out under Highway 1 and then spilling out
across the airport. If you look at the contours of the flood elevation, the distance between them is quite far apart
indicating a ponding issue. The water is looking for a place to escape to the Iowa River.
Alexander said in the information I found, it talked about that there is computer modeling that you use in order to
do the No Rise Certification is that correct?
Stephan said that the modeling had more to do with the excavation. He said that they had excavated in the
floodplain to the rear and sides of the property in excess of the volume of fill needed. The water that would be
displaced with the fill for the Wal-mart site has been taken from another area in the floodplain in excess of the
volume to be displaced.
Alexander asked if that is the area that looks like a trench.
Stephan replied that was correct. He said we've created additional volume in excess of what we've displaced
with the fill volume.
Alexander said, one of the issues that I have been told occurs with big developments of this type, Coral Ridge
Mall being one of them, has been excess runoff. Does the modeling, at all, take into consideration the additional
runoff that will occur from all the concrete that will go in a development of this size?
Stephan said that this particular modeling would not, as it was used mainly to estimate fill volumes. He said that
they have done a hydraulic analysis of the drainage area with Wal-Mart in place at the request of the City.
There is capacity downstream with the area fully developed.
Alexander said that it does say in the information that the community must review the technical submittal
package and verify all the supporting data. Did you submit your backup data? Has that been reviewed by the
City?
Stephan replied no, but it will be submitted as part of the site review process.
Behr asked, were you reading the local ordinance?
Alexander said no, I'm reading from the FEMA information on No Rise Certification because that was the only
source I could find that would tell me what this was. She said, in your [to Stephan] certificate that's been
submitted, it has two points to it. One talks about the additional storage and flowable area provided to the
floodplain as a result of the project, and we've already determined that's what I referred to as the trench. It
looks like it has pretty steep walls of some sort. Is that going to be concrete?
Stephan said no it will be graded 4:1 slopes.
Alexander asked if it would be soil? Stephan said yes.
Alexander continued that the No Rise Certificate also says there will be no encroachment of buildings or
structures into the floodplain and that's because you are re-engineering the floodplain. Correct? Because of
what you're doing there won't be any encroachme~t.
Stephan said that's correct and emphasized that it was allowed.
Alexander responded yes, I understand.
Shelangouski asked if the fill that was already placed there by the City removed the subject area already from
the floodplain.
Stephan said no, you have to apply to change the floodplain map. No matter how much fill is put in, until the
map is changed it's in the floodplain.
Shelangouski said she meant to ask if there was enough fill there currently to remove it from the floodplain if you
would make the application.
Stephan replied no.
Shelangouski asked how many more feet of fill were planned to be installed.
Stephan said that a number of cubic yards were removed. We are actually removing about 7,780 cubic yards
from the floodplain and filling about 6,700 cubic yards. So, we are taking more out than we are actually putting
back in at this point.
Alexander asked if this was a pretty straightforward engineering solution.
Stephen answered very much so.
Becker wanted to clarify the need for the 6,700 cubic yards of fill. He said that it will be used to fill in the level
between the existing grade-about 653-and 655. It will take 6,700 cubic yards to fill the two feet up to 655. As
to the fill, he said the fill that's there now, which was placed there by the City, would take most of the building out
of the floodplain. It just would not remove the entire building from the floodplain. He noted if an application was
made to FEMA it would be noted that the vast majority of the site is already out of the floodplain.
Shelangouski clarified that 655 was the floodplain level. Baker said that was correct.
John Jadryev, of 60 Denbigh Drive, introduced himself as a concerned citizen, retired insurance agent, and
experienced training with the NFIP. He said that he did not think it was a good idea to build on floodplains and it
generally causes problems elsewhere. In general, he said, that his experience and training is that exceptions
like this should not be allowed.
Leigh asked what NFIP stood for.
Jadryev said the National Flood Insurance Program, part of FEMA. He also stated that a common perception
was that there would be a flood every 100-years in a 100-year floodplain. He said that was not correct and that
it really meant there is a one percent chance of flooding in any given year which puts the odds of a flood in any
30-year period well over 50%.
Wally Taylor introduced himself as the representative of Iowa City Stop Wal-Mart and 1000 Friends of Iowa. He
said the real issue here is what happens to the area upstream and downstream by the water that's displaced by
the fill. According to the staff report, Wal-Mart is going to fill 10 acres of a 22 acre area, which he said was
almost half. He said that only a small portion of that 22 acres is in the floodplain but that 10 acres of fill would
send the floodwater elsewhere.
Taylor said he disagreed with the comment made by Staff that only upstream areas would be affected by the fill.
He said that isn't true. In Cedar Rapids, a study of a flood along Indian Creek found that the severe flooding
took place because of filling in the floodplain upstream. This water is going to find relief in a floodplain
somewhere else. That's what a floodplain is. It's a place for floodwaters to find relief. He said that's exactly
what's going to happen here.
Taylor said the zoning ordinances included in a letter he had sent to the Board specifically talk about
displacement of floodwaters elsewhere and that's something that the flood regulations, and you in considering
the special exception, need to take into consideration.
Taylor said the proposal seems to have a ditch around this fill area that will accommodate this displaced
floodwater. He said there has been no data presented, no indication why or how that will take place. The water
is going to go where it can find the easiest and fastest relief. If it's going down the floodway initially, this excess
water, it's going to find its relief downstream, not in this ditch around the fill.
Taylor said, the No Rise Certificate is used for structures in the floodway not a floodplain. This document is
irrelevant. It doesn't apply to this situation and the certificate says that they're accommodating this diversionary
floodwater, but again we don't have any good hard data to indicate that that's really going to take place. More
importantly, it says that no encroachments will be made in the floodplain. Taylor said that this fill was an
encroachment in the floodplain, even though the Wal-Mart structure itself is above the floodplain, this fill is an
encroachment on the floodplain and that's going to cause diversion and higher velocity and elevations of
floodwater elsewhere.
Taylor noted that the Comprehensive Plan does not prohibit development in the floodplain. But, he said, it also
indicates that it is done with caution and you make sure that there won't be any repercussions in that area or
elsewhere and that's why you folks are here to determine whether or not a special exception should be granted.
He said that just because the Comprehensive Plan does not prohibit development in the floodplain doesn't
mean that you automatically approve it. You don't. That's why you are considering this application tonight.
Taylor said it was interesting that a question was asked of the Wal-Mart engineer about the runoff from the
parking lot and other areas where the water cannot seep in and there is historically, when you have streets,
parking lots, concrete and asphalt, more and faster runoff into the floodplain and the adjoining stream. I heard
the engineer say they haven't modeled for that. They don't have a clue to what the effects of that are going to
be and that's a significant issue and that was one of the issues the study in Cedar Rapids found that with all of
this development in the Indian Creek floodplain upstream there was quicker and faster and more runoff from the
development and that caused the sever flooding downstream.
Shelangouski asked is the runoff really part of what we are considering here. We are just considering fill in the
floodway not how much concrete they are going to put on the property and how much runoff it's going to cause.
This is simply whether we can fill the floodplain.
Behr said that is correct.
Alexander said, I know it is simply whether we can fill the floodplain but in trying to learn more about this, not the
Wal-Mart situation, but just about floodplains and floodplain management is that I've heard people talk about
engineering solutions versus environmental solutions. When people talk about environmental solutions they talk
about the ecology of the area and the ecology involves more than just putting in the fill and they are all attached.
You can't just look at the fill without considering the runoff, the erosion, and those things.
Behr said, which is why any development that then takes place has to comply with the City standards for storm
water management and there is, to answer your question, you're correct that is not part of the special exception
applied for. Wal-Mart, or anyone else who wished to develop this, has to comply with City standards for storm
water management on site if this site is ultimately developed. Part of the site plan review being done by the City
requires stormwater management on site.
Alexander said, I think the point I was making was just that I think there are more variables that are involved in
this, even though question is fill, but th.ere are some things that are kind of hard to separate out.
Behr said, and that's a good question. I think the answer is there are City ordinances that do require ultimately
that stormwater be managed on site after the fact given the lay of the land and its proximity to watelWays.
Taylor said, you are exactly right. It is all connected and I think that, you know we had that discussion last fall
when we were talking about the special exception that was granted for the drive in pharmacy and the gas
station, how narrow is your look here at granting a special exception? I think you have to look at all the
consequences of granting the special exception. You can't just close your eyes and put blinders on and say
we're just talking about the fill. Because if it were not for the fill, you would not have the development there, you
wouid not have the parking lot and all the runoff, you would not have the diversion, you can't separate it. I think
that City Staff is maybe limiting too much what you folks need to consider in granting a special exception. This
is not like the drive-in pharmacy and the gas station. When you are talking about allowing them to fill in so they
can build the entire facility, that's directed at the entire operation and the consequences of that entire operation.
Taylor said the other thing I wanted to mention is the Wal-Mart contract with the City. I think that you do need to
consider how all of this will affect the use, development, enjoyment of the surrounding property both because of
the restrictions Wal-Mart has placed on who and what can go in around there but also, how is it going to affect
the use, the occupancy, and the enjoyment of the property around there because of all this floodwater that's
being diverted. That is right within the ambit of your criteria for deciding on a special exception. Thank you.
Taylor submits a copy of his letter and attachments for the record.
Jim Walters, 1033 E Washington Street, introduced himself as an Iowa City resident and also founding member
of 1000 Friends of Iowa. He said, I'm also a lifelong Johnson County resident and I spent the better part of 30
years.farming on the Old Man's Creek in Western Johnson County. For the past 15 years I have been a
groundskeeper at the University of Iowa and in both those capacities I have spent a lot of time dealing with
water issues. So I have a lot of experience on a daily basis in dealing with water. I also served a term on the
Board of the New Pioneer Co-op and have some experience in the travails of that organization with water. I am
currently serving my second term on the University of Iowa's Campus Planning Committee where we spend
quite a bit of our time dealing with issues of water on the campus.
Walters said, I remember a night about three or four years ago where Steve Adkins was introducing a new
council to the issues they would face as councilors and he suggested that council and all future councils for the
foreseeable future would be facing as one of their number one issues, stormwater management and he was
certainly right.
Walters said, the reason that I oppose and speak in opposition to this special rezoning is because it doesn't take
into account the entirety of the problems that a watershed faces and that a floodplain faces in dealing with the
issue of too much water. When you grant a special exemption for Wal-Mart in this particular case, you're
dealing only with that particular piece of property but in reality your responsibility should be to think about the
entire watershed and the Willow Creek watershed still has a lot of development to take place throughout the
watershed and there is no reason to expect that development won't continue in the future and that more and
more water won't be coming down the Willow Creek floodplain. We've solved some of those problems on
Ralston Creek with a very sophisticated system of retention basins, I don't know if that's a possibility on Willow
Creek or if the City has either the will or finance to deal with it.
Walters said we do know the more development you have upstream the faster the water comes downstream
and the more water comes downstream. And we know also, that the past measures that engineers have used
to measure flood events and excessive rainfall events have kind of gone by the wayside. Weather is changing a
bit, we are seeing more and more erratic and extreme weather were we get huge rain events. And a huge rain
event in a small watershed can create all kinds of havoc and problems.
Walters said my main concern is you can't separate what Wal-Mart is asking here out of the bigger picture of
what has to be dealt with in a watershed. As I look at your approval criteria for granting a rezoning request like
this, I would say that at face value the Wal-Mart request for rezoning could be rejected on at least three of these
and possibly more, depending on how you look at the problem. I have the highest respect for engineering
studies, but I have a much higher respect for water that's trying to seek its way down hill because I've been in
the way of it many times and had to deal with it. And for those of you who do have complete and total faith in
engineering studies, there are neighborhoods in New Orleans who had assurances from engineering studies
that you should visit-some of them no longer exist.
Walters said, I think to grant this special exception without considering all the issues of the adjoining property
owners and how it affects them and the continued development of the upper part of the Willow Creek is just
something the City should not do at this point, and that's why I ask you to reject it.
Brian Alexander, 60 Goldfinch Circle. I did not come here to discuss this but I think there are some things you
should know about. He said that he built on swampiand in Vietnam and that his concerns were more about the
runoff from the hills and crossing Highway 1 and the erosion that would undermine the Wal-Mart building.
Based on FEMA's ability to support and certify New Orleans, I wouldn't give them any credibility at all. And I've
watched the Mississippi when I lived here in Iowa years ago, just come right down there and just take out
sections of the Mississippi River from Burlington all the way down to Fort Madison, and it just changed the whole
surface of the land and everything else. It's amazing to me that you're going to do this. I've watched
floodplains, when we built on the land in Vietnam and when I was living in northern New Jersey, the land was
built up over eight feet above the floodplain. So, I don't know what you think you're going to accomplish by
raising it a foot.
Gary Sanders, 831 Maggard St. He said, I am the chair of Iowa City Stop Wal-Mart and I don't envy you. I got
into this fight basically a year and a half ago on economic and social justice issues. But I was the Sierra Club
journalist of the year for the state of Iowa in 1989, and I have always been deeply concerned about the
environment and this is very significant environmental decision which has been put in your laps. You are not
hydrologists. You are not trained, and even among trained people there might be disagreements. I don't think
that there is anyone person that you can believe a 100% on this.
Sanders said, my lawyer, Wally Taylor is the attorney for the Iowa Sierra Club. Do you believe him? Do you
believe the engineer that Wal-Mart hired? He's a man of good will and good faith and an expert in his field, but
he was hired by the company that wants to do this. Their lawyers, the same thing. I don't know who to believe.
I wish that I could have been like Mary Ferentz at the Supervisors when I was there five months ago when they
were arguing about the road expansion. She went out and hired her own engineer and he disputed what the
engineer that the County had was saying about the road. Now I can't afford that. I had somebody tell me that
they could look into this but that it would cost a lot of money. I don't have that.
Sanders said, Who do you believe? Models? I'm a Iittie suspicious. FEMA has been mentioned here. I think
we all know what's going on in the world with weather. Where did the models come from? Do we know about
who generated the models? Do we know what base they used? Did they take into account global warming? I
don't think so. We've got pretty much a whole new ball game here. And this is, again, public land that has been
rezoned for this. Which I think places it in an even higher category of what your responsibility is. This is your
legacy to this community, forever. Because if this gets built, it ain't going away. And 50 years from now, when
we have more rain than anybody here is anticipating, what is your legacy going to be? I think that the question
might be narrow, but there are so many variables here that there are going to be many unintended
consequences. I'd ask you to think of this as you would a question in a courtroom drama. Is there reasonable
doubt here? Is there reasonable doubt about this special exception as to the effect it could have? I believe
there is reasonable doubt. I ask you, I ask you with all do respect to the Staff report, to the others that you have
heard in favor of this, to do your duty as you see fit thinking about future generations. Thank you.
Nancy Carlson, 1002 E Jefferson. She said, I moved into my current home on Jefferson in 1981 but five years
later found out I was in a floodplain. She said, at that time I had to make a choice: did I want to go along with
the rules and regulations of living in a floodpiain or, if I didn't, did I want to move? I decided to stay where I was
and follow the rules and regulations of the floodplain, as have hundreds of other citizens in this city. When we
move into a floodplain area we accept the responsibility of living in that area, we accept the rules and the
regulations. I want to know why it is that a corporation doesn't feel that they have to follow the rules and
regulations that the ordinary citizen has to follow.
Alexander asked for clarification on which rules and reguiations Carlson was referring to.
Carlson said, I have to have flood insurance. Since my house is older it already has a basement, but anybody
else building a house in the floodplain cannot have a basement. They have to build just on the land. I do pay
flood insurance, which is 130% higher than my house insurance.
Becker moved to the podium to respond to some previous comments. He said, first I'll mention that we have not
received a copy of any letter or any written objections at all submitted to you, so it would be impossible for us to
respond to those. I would ask you to consider that fact when considering any of the written objections.
Becker'said you've heard several people here comment on the geology of this, except for two of them, none of
them were engineers. One of them is for the City. So, in response to the question of who do you believe, I
would suggest that you believe your own experts. I think that's the one thing that you do have to do here.
Unless you have an engineering degree, to some extent, you have to rely on those people who have the
expertise and have provided you with the information. That has been done tonight, despite the fact that there
has been more than 30 days to prepare for this before a quasi-judicial body there is no counter evidence to the
fact that this request will not impact the floodplain.
Becker said, the question that you had earlier, Ms. Alexander, the backup for the No Rise Certificate, that
requirement is not in your ordinance. We can provide it to you, but it's not part of consideration here. With
regard to the question of runoff, Iowa City passed an ordinance a few months ago called the Construction
Ordinance. It's a new ordinance required by all MS-4 cities and you're one of them along with 42 other cities in
the state that heavily regulates runoff. Wal-Mart is subject to that. Next year, you'll pass an ordinance call post-
construction runoff that deals to even greater extent, to dealing with runoff from all sites, anything more than an
acre in development. And Wai-Mart will have to follow that. There are as your staffers told you, many other
regulations Wal-Mart is going to have to follow. We have supplied you with all of the information required by
your ordinance to seek this request tonight.
Becker said, the question about the No Rise Certificate going to the floodplain, my review of it is there is a
reference to the floodplain. That provides greater protection than referencing the floodway-it inciudes the
floodway. I want you to understand that. The floodplain is the floodway plus the floodway fringe. There will be
no rise in either of those under the certificate that's been provided to you. And the explanation provided by our
engineer, and of course, I would encourage you to ask your own engineer about it, is that there isn't going to be
a rise. Actually there will be siight decrease in the 1 DO-year flood in this area because of the ability to take out
some of that soil that is in the floodway, which will more than make up for what is being put in the floodway
fringe. That is what's contemplated by your ordinance; that is what's contemplated under FEMA; that is what's
contemplated under all development in the floodplain all around the state and all around the country. That's
how it's done. The reality is we've got the right under your ordinance to allow a one foot increase. We're not
going to. There won't be any increase. That's the engineers providing you with the information. I understand
the comments that you can be skeptical of science, and you can do that if you want. At some point, you have to
make a rational decision based on the information before you, and I would submit to you tonight that that
information clearly indicates that this application should be granted for placing the fill in the floodplain, that is
what we're seeking tonight.
Becker said, finally the comment that there are a lot of things to consider. I do think it is a fairly narrow,
straightforward question. It is the one that your ordinance requires us to put to you and that the Supreme Court
required us to put to you: Does your Comprehensive Plan allow placement of the fill in this location for potential
development purposes? Not only does it, but the City has aiready done that very thing in this area. The
Comprehensive Plan provides that this area is going to be development. This isn't an open question about
whether this is where there is going to be growth: there is. In order to be consistent with your Comp Plan, there
will be. And that's what we're asking for tonight, and that's all that we're asking for tonight. The other questions
about runoff and about the floodplain development itself, those will all have to come before other agencies within
the City. We will do those, we will follow every rule that there is and comply fully with those requirements.
Tonight is a very narrow question and I think it should be answered in the affirmative that we, in fact, can do it.
Shelangouski asked if it was feasible to build right now with the lot in the condition that it's in without adding
anymore fill, or would it substantially change the way you had to develop the lot?
Becker said it would take a complete reconfiguration. It would substantially change that. You saw the picture, it
would require the movement of that back alley and that side of the building, that quarter of the building and that
would be a significant problem.
Gary Sanders said, I won't get into a big back and forth, I just want to say one comment. I certainly respect Mr.
Becker. He represents one the prestigious law firms in the state of Iowa. But, he mentioned rational. It seems
to me that there is plenty of evidence here on both sides that rational people could disagree on. And again, as
Ms. Alexander mentioned, this is part, this is a part of a larger puzzle. It cannot be considered on its most
narrow basis. It is part of the entire floodway. You four peopie hold the Iynchpin to this entire floodplain.
Stephan said, I guess I just want to respond a little bit. The City of Iowa City enacted a stormwater ordinance in
'79, '78 or something like that and as a result of that the South Branch Damn was built and the North Branch
Ralston Creek Damn was built. Also, as a result of that every subdivision or any development that occurs within
the limits of the City of Iowa City is required to provide stormwater management. Generally that means we build
a pond, or dig a whole, to hold the runoff from that particular development. You've seen, iike out on the east
side where I live, they're making ponds out of that and making them aesthetic features that also serve as storm
water detention basins. Others like in my backyard, the South Branch Damn backs up in my backyard
periodically when it rains hard. We're starting to see the signs of that working and I can give you an example of
that that relates to this particular project.
Stephan said, I'm going to talk about modeling here again and it has to do with runoff from the drainage area
that's tributary to the swale and ditch that runs on the south side of this project and discharges through a culver
that goes under Riverside Drive and discharges directly into the Iowa River. When the first subdivision was
designed and built where the street and everything is at now, and which we're proposing to change at this point
in time, but however, when that was designed and built both the swale and the pipe under Riverside Drive could
convey a 50-year storm. We have recently completed another hydraulic analysis of this knowing that there are
areas that have developed upstream from us on this particular site, the major one being the Lodge. There is
some discussion about water coming down off the hillside, rushing onto the floodplain here. We've got storm
water in place at the Lodge, and there are several other developments just south of Benton Street that have
been put in place, and smaller ones throughout the basin. We are now able to convey a 100-year storm
through the same pipe and swale, and that was six years ago when that was completed.
Stephan said, the ordinance will. continue to be in place and as development occurs on the Willow Creek
Watershed and the Clear Creek Watershed, actually Willow Creek, in this instance we will see additional basins
constructed that will further reduce the amount of runoff that occurs, or that reaches this site so that the 100-
year storm, I would venture to guess, or elevation at this location will be lower than it is today. And this
modeling that we put in place contemplated parking lots, paved parking lots, buildings, whatever it is that the
City and whatever might take place in this particular subdivision. I might also add that the history of this location
is such that prior to the improvements to Highway 1, where it was widened to four lanes instead of two, all of the
drainage that used to come to this location, used to try and squeeze itself between Godfather's and Deli-Mart
and go down in front of what now Paul's Discount, and try and find its way to the Iowa River down through a
swale and ditch by Wendy's and the burger place over there. At the time that the four lane highway was
constructed the highway department constructed a six-foot diameter culvert, if you will, that intercepted this
drainage and took it directly to the Iowa River. It discharges just east of the Iowa City Maintenance Facility on
Highway 1.
Stephan said, the improvements that we are making here are further limiting the amount of runoff that's going to
those properties to the north of Wal-Mart and it's being diverted to the swale that is now in place south of the
Wal-Mart site and to the pipe that goes under Riverside Drive. So, we've reduced the amount of runoff that any
of these people are receiving in that location, and I know well of it because MMS had an office in that area next
to Deli-Mart for eight or ten years. So, I think that we've done our homework. I've think we've shown that we
know what's going to happen there. I don't know all the scenarios, yes, maybe there is some global warming
happening but what the City has put in place in terms of stormwater management will continue to reduce the
volume of runoff that Willow Creek will see in which this location will experience.
Shelangouski clarified that in doing so, if this used to run off to Willow Creek, Willow Creek disperses into the
Iowa River at some point. You have diverted that, so now it disperses into the Iowa River upstream of where it
would normally?
Stephan said whatever the overflow of spillage in this direction, it used to go into that area by Deli-Mart is now
being diverted to this swale that's south, yes, that's correct.
Taylor said, it's been suggested that because of all the confiicting information you've heard here and some of
the questions that have been raised that you should have your City engineering staff take a close look at all the
numbers and all the issues here. I think that's what you should do. Step back, take some time, and make sure
that you have all the information that you need.
Walters said, I think Wally is right. I think there are more issues here on the table that need to be thought about
and addressed by City staff before you make this decision. I don't think you should be forced to make this
decision without all the information that you need. So I ask you to defer it as well.
Becker said, I would disagree completely. You have the information before you. You've had it before you for 60
days. Staff has looked at it. Your engineers have looked at it. The presentation has been made. This was the
time to be heard. They have been heard, we have been heard. We would ask for the question to be called
tonight.
Public Hearina Closed
Behr asked to make a few comments. He said, I had included a memorandum in your initial report on this about
your scope of review and Walz summarized that well tonight. I just wanted to touch on a few things. The code
does provide that the Board's decisions are to be consistent with the Comprehensive Plan, and that's true of a
grant or denial of a special exception that it be consistent with the Comprehensive Plan. You're very used to
stating your findings of fact and conclusions of law and those should take into account the Comprehensive Plan
as you state those.
Behr said, one other point is that, a point was made that the City Code does provide that of course in all special
exceptions the applicant bears a burden of proof. The Code provides that it's by a preponderance of evidence.
That's what the City code provides for special exceptions. That's true of all special exceptions. Last, the there's
been a lot of talk about your scope of review and it being limited. That's not to suggest that all of the other
issues brought up are not to be reviewed by the City, the State, or other entities. It's just to suggest that the fact
is that there are various entities that pass on various phases of all developments, and what Staff has
endeavored to do is to tell you what the scope of your involvement is In this special exception is.
Behr then asked for any questions and stated he just wanted to supplement that memorandum.
Shelangouski said, the only question that I have is, regardless of the decision that we make, the City building
official still has the final word on what happens. Is that correct? He will take into consideration what our
decision is but he still has to grant the request for it to happen?
Behr said, they would need both, yes.
Alexander said, but if we didn't grant the exception, would that mean that it wouldn't go to the building official?
Behr said, no but the fill should not be, their having applied for the special exception if it were denied the fill
should not be placed if they don't have both the Board's approval and the building official's.
Shelangouski said, so we could say yes and the building official could still say no for some reason.
Behr said, that is correct. Yes, your decision does not dictate the building official's decision.
Motion: Alexander moved that EXC06-00012, an application for a special exception to permit fill in the
floodplain for property located south of highway 1 along Rupert Road be approved. Seconded be
Wright.
Alexander said, as you can no doubt tell I've lingered long on this one. This is in no way related to who the
applicant is. My feelings on this, you know it could be Target, it could be a piece of the University, it's more to
do with the nature of the area and the size of the deveiopment. And we have another case in front of us that the
Staff report quotes the scale of the development being one of the issues. I think this is an issue for this
particular application. We have been asked to look as this very narrowly. It is a narrow question, I understand
that, but I think we're being sort of guided along a certain path.
Mr. Becker has suggested that we listen to the science, and I guess if there's anything that I've been looking at
in trying to research some of the information about floodplains is that there are different kinds of science and
they disagree. Engineers and environmental scientists don't always agree. I have a personal view and interest
in flood management in watching what's gone on around our country, and I think we treat our floodplains rather
cavalierly. I understand that the Comprehensive Plan anticipates fill and development in the floodplain, but it
doesn't say anything about anticipating all development or all types of development. I'm going to stay out of my
other things that I do in my heart of hearts believe are relevant. I'm going to keep it just to the point of the fill,
but this is a very large scale change to the floodplain. Regardless of what we're being told about minimizing
this, and I don't want to discount the engineer, but engineering solutions and other kinds of science solutions
can somewhat differ. I am falling more behind the other kinds of opinions and because in our general standards
we are to look at the public health, safety, comfort, and general welfare, and I think this is an issue for general
welfare. I think it's very clear the Wal-Mart property will be protected, I am still not convinced that we are going
to be protecting the surrounding area and once again I think reasonable minds can disagree. I also think there
are issues about diminishing or impairing property values in the neighborhood. I think we have a real possibility
that we are making this floodplain more treacherous by doing this. I don't see a solution where we have
development after development that all have a big trench dug around them. Once again, Mr. Becker is very
right, we aren't hydrologists, I'm not an attorney, but we are selected as a group a citizens and so I'm speaking
from that point of view. I don't think the No Rise Certificate is a sufficient answer to this, and I don't really see
any evidence that this is going to increase the value of the surrounding land. My concern is that it is going to
decrease, and it's going to make development even more difficult. So, in addressing the issues about the
Comprehensive Plan, it indicates that development is not prohibited, but I don't see anything that says that all
development is expected. I just don't see this as a sustainable, definitive solution for managing our floodplains
and so I am going to vote no.
Wright said, I have to agree with much of what my colleague said, specifically in terms of the first general
standard. Because this has to meet all of the applicable general standards, it has not been demonstrated to me
with any degree of efficacy that placement of fill in the floodplain will not be detrimental to, or endanger the
public health, safety, or general welfare. As a matter of public policy, again, we have seen floodplains treated
rather cavalierly, and typically somebody pays the price. There is not a doubt in my mind that the commercial
development In that area will remain dry, downstream there are other issues. The joke in our family is if you get
five of us together, you'll get six opinions. I found that to be true as I reviewed some of the engineering
literature. This is not as cut and dry as it might seem.
Wright said, in terms of the second general standard it has also not been demonstrated to me that it will not be
Injurious to the use and enjoyment of other property in the vicinity. Water is going to go somewhere. It can be
diverted, it can be diverted into the river, the river is still going to rise.
Wright said, in terms of the third criteria the "establishment of the specific proposed exception will not impede
the normal and orderly development and improvement of the surrounding property" it's very possible that it
would not.
Wright said, the next two standards don't apply. Again, in terms of the Comprehensive Plan because the land is
Identified as possible for development does not mean that it has to be development. I do not think it is good
public policy to develop a floodplain on this type of a scale. So I will be voting no.
Shelangouski said, I do agree with what has been stated so far. I do think that just the very first item that needs
to be met, that it will not be detrimental or endanger the public health, safety, or comfort. This water has to go
someplace and it's going to be someplace. I find it hard to believe, as a lay person, that the water won't rise at
all. It rains; it goes someplace. So, even if it isn't directly into the Iowa River it's going to raise the Iowa River
eventually. I won't restate everything that's been said. I will vote no also.
The motion was rejected on a vote of 4-0.
Leigh said, any person desiring to appeal this decision to a court of record may do so within 30 days after this
decision is filed with the City Clerk's office.
EXC06-00013: Discussion of an application submitted by St. Wenceslaus Church for a special exception to
permit an addition to a religious institution (a handicapped accessible entrance) for property located in the
Neighborhood Stabilization Residential (RNS-12) zone at 630 E. Davenport Street.
Walz reported that St. Wenceslaus Church is located in an RNS-12 zone, which is intended to stabilize the
single family residential character of the neighborhood. She said that the subject lot is surrounded by other
property owned by the Church. Walz noted the proposal by the Church was to build an addition on the west
side of the building to create handicapped and elevator access. Walz said the addition is about 833 square feet
and that all additions of more than 500 square feet for religious institutions in a residential zone require a special
exception. She said the specific standards that apply consider the set back requirements, as well as the
architectural design, scale, traffic issues, and the general compatibility of the expanded use with the expansion
of the surrounding neighborhood.
Walz said the Church was originally built in 1893 and then added on to in 1921. The Church does not meet the
current set back requirements along Dodge and Davenport Street, nor the rear setback. She said that the
addition will be placed on the west side of the building, and will far exceed the required set back, of 20 ft. She
said that the proposed addition meets all of the other specific criteria. She said, in terms of street access, traffic
scale, the proposed addition will not increase the occupancy load nor change the use of the Church.
Walz further noted that this addition would provide better access to the facility and access is a big issue in the
Comprehensive Plan. She said that even though handicap access is not required for a private group assembly,
Staff felt it was admirable that the Church was desiring to do so.
Walz then showed some photos, which included an architectural rendering illustrating the proposed addition.
She noted the scale and Its architectural compatibility.
Walz reported that Staff recommends that EXC06-00013 an application for a special exception to allow
expansion of a religious facility in the Neighborhood Stabilization Residential (RNS-12) zone at 630 E.
Davenport Street be approved subject to general conformance with the submitted site plan and building design
illustrations.
Public Hearina Opened
Chris DeGroot, of Neumann Monson Architects at 111 E. College Street introduced himself as a representative
for the applicant and indicated he was available for any questions from the Board.
Shelangouski asked if the design overview had been submitted and approved.
Walz responded that it did still have to go through design review.
DeGroot added that the building permit had not been submitted yet.
In response to a question from Shelangouski, Walz verified that design review is a part of the permitting
process.
Public Hearina Closed
Motion: Alexander moved that EXC06.00013, an application for a special exception to allow expansion of
a religious facility in the Neighborhood Stabilization Residential (RNS-12) zone at 630 E Davenport St. be
approved subject to general conformance with the submitted site plan and building design illustrations.
Seconded by Shelangouski.
Wright said that felt this proposal met the general and specific standards required for granting a special
exception. He noted that all the set-back requirements are in place, there is appropriate street access, and it is
a small addition. He said that he did not feel this would, in anyway, be detrimental to the health, safely, comfort,
or general welfare. He noted that due to the small scale of the addition and that all abutting property was owned
by the Church that it would not be injurious to the use and enjoyment of surrounding property. He also said that
it was consistent with the Comprehensive Plan and that he would be voting yes.
Alexander agreed with Wright and commended St. Wenceslaus for putting handicapped access in and for doing
it in such an architecturally pleasing fashion.
Shelangouski agreed with previous comments. She said that it won't even be noticed but will allow greater
access and is beautiful.
The motion was approved 4-0.
Leigh said, any person desiring to appeal this decision to a court of record may do so within 30 days after this
decision is filed with the City Clerk's office.
EXC06-00014: Discussion of an application submitted by Three Bulls, LLC, for a special exception to reduce
the required front yard setback from 10 feet to 0 feet to allow commercial buildings to be built closer to the
sidewalk in accordance with the Conditional Zoning Agreements for Olde Towne Village and a special exception
to allow drive-through lanes for a bank for property located in the Community Commercial (CC-2) zone south of
Rochester Avenue, east of Scott Boulevard.
Walz showed a slide of the area in question and said that the neighborhood has given a lot of input in this
development, resulting in a Conditional Zoning Agreement (CZA). She said that the portion closest to the
intersection of Rochester Ave and Scott Blvd is intended to be a commercial center. She said that the CZA
intends for this area to be very pedestrian friendly, very connected to the neighborhood, and that parking areas
will be located away from pedestrian areas.
Walz said that there are three interior streets, two of which are private and one is public. The setback reduction
request if for these interior streets only and do not effect the parking area setbacks from Rochester Ave. or Scott
Blvd. She said that the previous owner had the property platted the streets in a way that created a conflict
between the CZA and the setback requirement. She said that the CZA says that the principal building should
abut the sidewalk, but CC-2 zoning requires a 10-foot setback. She said that Staff and the applicant have
agreed on a three-foot setback, which would provide an 11-foot sidewalk area. She said that this agreement
meets the intent of the setback requirements, which is to provide separation, air and light, and relationship
between buildings, etc. Additionally, she said that it fulfills the purpose of the CZA, which is to have the
buildings abut the sidewalk and function similar to the downtown area.
Walz said that one specific standard for adjusting a principle setback in commercial zones is peculiarity to the
site. She said that here the CZA is unable to be followed if the setback required for the zone is followed. She
further added that this peculiar situation has created a practical difficulty for the developer to provide the
sidewalks, buildings, and parking, and commercial buildings of a viable size. Walz reiterated that the 11-foot
sidewalk will serve the purpose of the setback requirements, such as light and emphasizing the relationship
between buildings.
Walz also said that the applicant has proposed a drive-thru facility to be accessed by two access points off of
interior roads. She said that the canopy is integrated into the roofline of the bank and the overall design of the
development. Staff will ask for some structure that will help make the ATM fit into the overall design as well.
Additionally, she said that one concern was the establishment of a buffer between the drive-through facility and
adjacent residential properties. She said that although the residential development is quite a distance from the
proposed sight, the applicant has proposed an extensive landscaped area of approximately 40' deep by 80'
wide. She said that in combination with the canopy being a real structure, not just a covering, will provide a
level of screening similar to the S2 standard. Walz said that the hours of the drive-through facility are limited to
normal banking hours. She said that all lighting will be in compliance with the Code.
Wright asked if there wouid be adequate screening between residential areas and the ATM facility, which will be
operating at all hours.
Walz responded that Staff feels the S2 screening is sufficient to reduce glare from headlights.
Walz said that the reduction in the setback will allow the developer to meet the goals of the CZA and therefore,
will not be detrimental to the health, safety, comfort, or general welfare. She said the drive-through facility
addresses all the specific criteria previously described and therefore, would not be detrimental either. She said
the setback reduction would help the normal and orderly development of this site via more accessibility, and
more similar to the design requested in the planning process. Adequate utilities, drainage, access roads, and
necessary facilities must be provided, she said, and will be addressed during the site plan review. She said that
ingress and egress issues have already been addressed and reiterated that there are only two points of access
to traffic from Scott and Rochester. She said also that the applicant will be seeking a minor modification to
reduce a small portion of the setback along Scott and Rochester. She said that a detailed site plan wili be
submitted, which wili be subject to the decision of the building official. She also said that the proposed use
would be consistent with the Comprehensive Plan, as this entire development is a result of the District Plan for
the area.
Walz said that Staff recommends that EXC06-00014, an application for a special exception to reduce the
principal building setback from 10 feet to 3 feet on all interior streets for lots 40-49 of aide Towne Viliage in the
Community Commercial (CC-2) zone, located south of Rochester Avenue and east of Scott Boulevard be
approved subject to an approved site plan showing the minimum 11-foot-wide sidewalks, tree wells, and other
street landscaping and pedestrian connections and crosswalks.
Walz also said that Staff recommends approval of the drive-through facility for a financial facility to be located on
the lot at the corner of Rochester Avenue and Scott Boulevard in aide Towne Village with hours of operation
limited to between 8:00am and 7:00pm (limitation does not apply to ATM) be approved subject to Staff approval
of a final site plan, with a detailed iandscaping plan, ATM enclosure, and building elevations.
Shelangouski asked how this project could be well thought out if a special exception is required prior to
development.
Walz explained that it was platted by the previous owner, who platted the interior streets similar to the way
public streets are platted, and therefore included the sidewalks, as if they were in the public Raw. She noted
that the current applicant became aware of this difficulty and subsequently applied for the special exception.
Shelangouski asked then at what point of time these went from being pubiic ROWs to private ROWs.
Walz responded that only one is a public street. She said that the other two were always intended to be private
streets, but all were originally platted in a similar fashion to a public street, which helped to create the conflict
with the CZA.
Shelangouski then asked why the final plat was approved with these inconsistencies.
Walz said that it must have been assumed that the previous developer was aware of the issue.
In response to a question by Shelangouski, Walz said that the application was only for the commercial portions
of development in aide Towne Viliage.
Shelangouski asked if the minor modification would have to go through them for approval.
Walz reiterated that it would not. She said that it would go through the building official.
Leigh asked how they went about getting residentiai input for the design of the development.
Walz said that it was part of the District Planning process, which formulated what this commercial development
would be and what it would look like.
Shelangouski clarified that there were two requests, one for the setback and one for the ATM. She asked if they
would be considering those separately.
Walz said yes.
Public Hearino Opened
Sarah Swartzendruber, of One South Gilbert Street, said that the CZA requires the buildings to have minimal or
no setbacks. She said it contemplates that the area will have a main street/town center design. She said that if
required to have the 10-foot setback, the development would lose that main street/town center type
arrangement.
Swartzendruber said that Bob Miklo brought the issue to her attention and informed her that she would need to
apply for a special exception. She said that she felt the development meets all the required standards. She
also said that without this special exception, City Staff cannot approve site plans for buildings the way they are
supposed to be arranged.
Shelangouski clarified that this development is proposed to look like 5th Avenue in Coralville. She then noted
that without doing this there would be a 10-foot yard in front, and so the only way to conform with the CZA is to
grant the exception.
Swartzendruber said that the pedestrian friendly design completely goes away if you don't have this special
exception.
Shelangouski said that she was reading this as trying to make the sidewalks larger, not that they were trying to
eliminate this setback.
Swartzendruber said that it was really just to correct an earlier oversight.
Shelangouski asked if this couid be re-platted. Staff said yes, but at considerable additional time and expense.
Adam Bohr, with McClure Engineering Company, introduced himself and made himself available for any
questions.
Shelangouski asked if the access roads into the facility were one-way streets.
Bohr said that they were two-way streets.
Shelangouski also asked if they were aware the drive-through facility was being constructed on an easement.
Bohr said that they were aware of this. He said that the actual ATM structure will be moved to just outside the
easement.
Brian Alexander, of 60 Goldfinch Circle, said that his concern is the noise and light pollution that will be
generated from this development. He said that he moved to this location because it was close to the country.
He was concerned that the development may substantially reduce surrounding property values. He requested
that the development along Rochester and Scott be heavily screened with shrubbery and conifer trees etc.
Walz indicated that she believed the screening in this' reduced area would be a dense, like an S3 screening. In
response to a question from Alexander, Walz said that S3 screening is a taller, denser screening consisting of
evergreens or perhaps a wall.
Alexander asked how high the screening would be.
Walz read that they have to be at least three feet tall when planted, at least half the shrubs must be evergreen
varieties. She said that Chauncey Swan Park outside has a very dense screen and might offer an example of
one kind of S3 screening.
Alexander clarified that this was outside the question being addressed tonight and asked if the applicant would
be able to address the specifically what the screening is they are planning to do.
Swen Larson introduced himself as the developer of Olde Towne Village. He said that he did commend the
bank for adding the landscaping, buffering, and architectural components. He said that there would be
residential areas much closer to this development than on the other side of Scott Boulevard.
Larson said that this development is New Urbanist. He said that it moves from commercial into lower density,
away from commercial. He said that he did not see anything detrimental, as the development has already been
scrutinized by staff.
Alexander asked if Larson could address the screening.
Larson said that with the site review the City will review the screening. He said that the City was requiring
screening and that it would be met during site review.
Shelangouski asked Larson if there was a forum for these residents to address their concerns with the City and
the developer.
Behr said that they could certainly contact the developer. He also said that it was correctly pointed out that
during site review, appropriate screening will have to be in place. He said that the Board can add to what
screening is being provided.
Walz said that Staff has called for a thorough, detailed, and dense screening in that area where the parking area
setback would be reduced.
Wright clarified that the screening issue may be better taken up with City Staff.
Larson commented on previous statements regarding property values. He said that all of the residential
property in the development has been sold. He said that there is a demand to be near commercial property
such as the bank.
Behr said that individuals with concern about screening can go to City Staff, but the Board may impose
conditions including landscaping and screening for any special exception. But, he noted that it must be for that
specific proposed use making that stipulation necessary. He clarified that it needed to be tied to the specific use
granted in the special exception and not just related to the overall commercial development.
Alexander noted that the attempt was to get the interested parties in the room to address each other's concerns.
Diedre Fleener, of 72 Goldfinch Circle, said that she did appreciate the concerns for screening that were
ongoing. She said that she is most concerned with is that in the letter sent to the neighbors, there was no
mention decreasing the parking lot setback from 10 feet to five feet. She asked for clarification as to why that
did not require a special exception.
Walz said that it is written into the Code that that particular reduction may be done through a minor modification
that has to be approved by the building official. She also noted that the modification still must be mitigated for.
Fleener said that she had heard a Handi-mart may be established in the future. She asked if approval of this
setback approved any other drive-through facility.
Walz said that approval of the drive-through facility would only be for this lot only and only for a banking facility.
She said that any other lot wishing to install a drive-through would have to go through it's own special exception
and any other use proposed for this lot in the future would also require a new special exception.
Public Hearing Closed
Wright moved that EXC06-00014, an application for a special exception to reduce the principal building
setback from 10 feet to three feet on all interior streets including Eastbury, Westbury, and Middlebury
for lots 40-49 of Olde Towne Village located in the Community Commercial (CC-2) zone located south of
Rochester Avenue and east of Scott Boulevard be approved subject to an approved site plan showing at
minimum: 11-foot-wide sidewalks, tree wells and other street landscaping, and pedestrian connections
and crosswalks. Seconded by Alexander.
Wright said that the setback reductions should not be detrimental to the health, safety, comfort. or general
welfare. He said that is a peculiar situation where a zoning agreement is already in place, which if applied to the
required setback standards would create an unusual looking development. He said that proposed 11-foot
sidewalk width does meet the idea of that CZA.
Wright said that the pedestrian and vehicular access to the site should be adequate. He also said that the
special exception would most enhance the development of the area and will allow the developers to create more
attractive and desirable commercial facilities. He said that utilities, access roads, ingress and egress, all should
be adequate. He said that he believes this is consistent with the Comprehensive Plan.
Aiexander said that she agreed with Wright and will be voting in the affirmative.
Sheiangouski said that she did not believe they meet the sixth approval criteria as they are asking for something
they do not have. She asked if the application could be approved based on them getting approval of the minor
modification.
Behr said that in a case where it is put on notice where a minor modification will be required, it would be okay to
do so.
Shelangouski said that she agrees with what has been said. She said that unless they were to re-plat, they
could not develop under current conditions because of the way the CZA is written. She said, they do not have
to ask for this, this is something they are doing in addition to and probabiy could develop the lot without doing.
The motion passes 4-0.
Alexander moved that EXC06-00014 (Part 2), a drive-thru facility for a financial facility to be located on
the lot at the corner of Rochester Avenue and Scott Boulevard in Olde Towne Village, with hours of
operation limited to between 8:00am and 7:00pm-this limitation would not apply to the ATM-be
approved subject to Staff approval of a final site plan with a detailed landscaping plan, ATM enclosure,
and building elevations.
Alexander said that she would vote in favor of this aspect of the application as well. She said based on specific
criteria for drive-through facilities, the ATM structure is integrated into the overall design of the development, it
will not be detrimental to adjacent residential property because it will be setback about 70 feet from Scott Blvd
ROWand about 40 feet from the Rochester Ave. ROW. A drive-through canopy will be incorporated into the
roofline of the bank and will be compatible with the architecture and materials used for the office portion of the
building. The transportation system within this development is adequate to support this commercial area.
Outdoor lighting will comply with the code and minimize residential glare.
Alexander said that the general standards apply in the same way as the previous portion of the special
exception.
Shelangouski stated that her only concern was that there is nothing in the report to see what they are going to
do, and so they are reliant on Staff to follow the rules in granting their building permits and approving the final
site plan. She said that she would agree that they meet everything as long as the designs are consistent with
the overall pian.
Walz asked if she was talking about the building design.
Shelangouski said that everything in the report said that things are "designed to meet City standards". She said
that we don't have a final plan to say, yes this is what they are going to do, instead it is what they are designed
to do.
Wright said that the four specific approval criteria dealing with integration into the overall design: the
transportation system, the drive-through lanes being of the appropriate setback, screening to the S2 standard,
and lighting which will minimize glare into neighboring residential areas. He said that he also believe the drive-
through facility did meet the general standards. He said that it should not be detrimental as the ATM was
designed to be compatible with the overall development. He said that he did not believe it would reduce
surrounding property values, and other specific standards have been discussed. He also noted that this is
compliance with the Comprehensive Plan and so he would be voting yes.
The motion passes 4-0.
Leigh said, any person desiring to appeal this decision to a court of record may do so within 30 days after this
decision is filed with the City Clerk's office.
EXC06-00015: Discussion of an application submitted by Four Oaks Family and Children's Services for a
special exception for construction of an office building for General Community Service Use (youth counseling,
treatment, and recreation) for property located in the Intensive Commercial (CI-1) zone at 1916 Waterfront
Drive.
Walz said that this is an expansion of a group care facility, but the community service standards seem more
appiicable in this case. She said that in 1993 Four Oaks received a special exception to establish itself at its
current location. She said that this proposed application does not seek to increase the maximum number of
youths living on site. She said that this application seeks to expand the building to house another program.
Walz said that there were plenty of calls regarding the application, but received no negative communication in
terms of the experience. She said that the maximum number of youth is 24, but up to 41 additional non-
residential youths can be treated within the new added facility.
Walz said that the general criteria state that the proposed use should not aiter the character of the zone. She
said that currently it is in a CI-1 zone, which is somewhat in transition. She said that these care facilities are
allowed in a CI-1 zone. She said that the Four Oaks facility is somewhat secluded behind both Hy-Vee and the
former MCI building. She noted down the street is an auto-repair use. Walz then showed illustrations of the
current and proposed facilities. She said that no additional parking spaces would be needed. She also said that
this facility makes these services more accessible to the community.
Walz said that the specific use and enjoyment of the surrounding property will not diminished by the proposed
exception, nor will surrounding property values erode. She noted that Four Oaks has been in the community for
over 35 years and at its current location for 10 without incident. She said the lot is well maintained and the
building is aesthetically pleasing. Additionally, she said that this facility does not create high traffic volumes in
comparison to other uses permitted in the CI-1 zone.
Walz said that the proposed exception would not impede the permitted uses of other property located within the
zone. She noted the Hy-Vee to the north is CC-2, while the remaining surrounding property is CI-1. She further
added that due to its good reputation and low-traffic generation that she did not believe it would impede the
development of any surrounding properties. She said that utilities, access roads, drainage, and other necessary
facilities are provided.
Walz said that the proposed site plan does shows the building meets the required setbacks. She said that all
other zoning requirements must be fulfilled upon approval of a final site plan. She said that it is consistent with
the Comprehensive Plan.
Walz said that Staff recommends that EXC06-00015, an application for a special exception to allow an
expansion of the General Community Service use located in the Intensive Commercial (CI-1) zone at 1916
Waterfront Drive be approved.
Public Hearina Opened
Mary Chval, of 14 Ridgewood Lane, introduced herself as the representative of Four Oaks and offered to
answer any questions.
Public Hearina Closed
Shelangouski moved that EXC06-00015, an application for a special exception to allow an expansion for
General Community Service use on property located in the Intensive Commercial (CI-1) zone at 1916
Waterfront Drive be approved. Seconded by Alexander.
Shelangouski said that for the specific standards, this was a reasonable use of the property as no real change in
the use was being requested. She said that traffic generation would be minimal and adequate access to City
facilities for transportation are available. She said that as it has already been operating at that location for over
10 years without problems, she did not feel it would be detrimental to the public. She said that it did not appear
that the addition would impair surrounding property values or impede development of such property. She said
that all of the necessary facilities are already there and that she assumes that the final plan will include these as
well.
Shelangouski said that is subject to a final site plan. Finaily, she said that the Comprehensive Plan does contain
goals and strategies to provide adequate social services to the community such as this facility.
Alexander said that she agreed with Shelangouski.
Wright also concurred.
The motion passed 4-0.
Leigh said, any person desiring to appeal this decision to a court of record may do so within 30 days after this
decision is filed with the City Clerk's office.
Other
Alexander asked for an update on legal issues of the Board.
ADJOURNMENT:
The meeting adjourned at8:15 PM.
s:/pcdfminuleSJbOal2006J04-13-06.doc
Board of Adjustment
Attendance Record
2006
Term
Name Expires 01/11 02/08 03/08 04/13 05/10 06/14 07112
Karen Lej,.h 01/01/07 X X OlE X X X X
Carol Alexander 01/01108 X X X X X X X
Michael Wri"ht 01/01109 X X X X X X X
Ned Wood 01/01110 X X X X X X OlE
M. Shelanl!ouski 01/01/11 X X X X X OlE X
Key:
X = Present
o = Absent
OlE = Absent/Excused
NM = No Meeting
I
,
i
MINUTES
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
THURSDAY, JULY 20, 2006, 6:30 P.M.
LOBBY CONFERENCE ROOM, CITY HALL
c::
APPROVED
Members Present:
Jerry Anthony, Marcy DeFrance, William Greazel, Holly Hart, Matthew Hayek,
Kelly Mellecker, Brian Richman, Michael Shaw
Members Absent:
Thomas Niblock
Staff Present:
Sue Dulek, Tracy Hightshoe, Steve Long
Public Present:
Maryanne Dennis, Charies Eastham, Dan Smith
Call to Order
Richman called the meeting to order at 6:35 p.m. Commission members introduced themselves for the
benefit of the new members.
Approval of the April 20. 2006 Meetino Minutes
MOTION: Hayek moved to approve the minutes as submitted. Greazel seconded, and the motion carried
on a vote of 5-0. Anthony, Hart, and Shaw not present.
Public discussion of anv item not on the aoenda
Hightshoe said there is a commission meeting scheduled for August 17, which is the Thursday after the
Community Development Celebration. She asked if the commission members would like to reschedule to
meet right after the celebration on Tuesday, August 15 instead. The celebration is 4:30-6:00, with a
program beginning at 5:00. The Celebration will be in the new Family Resource Center at Grant Wood
School. She asked for a preference from the commission members present.
Richman said moving the meeting to Tuesday after the celebration is fine with him. Greazel said he would
email his preference to Hightshoe. Mellecker said the current meeting would be her last, since she will be
moving to New York for school.
Anthony arrived at this point. Hightshoe updated Anthony on the current discussion about the next
commission meeting date. Hayek said it seems like the commission members are fine with doing a
combined meeting. Anthony agreed. Hightshoe announced that the August meeting will follow the
Community Development Celebration.
New Business
Long asked if the discussion about the bylaws couid be first. Anthony agreed.
Holly Hart arrived at this point.
Discussion of HCDC Bylaws, Specifically Article 4, Section B and Article 6, and Application Form
Dulek asked if the commission members had any questions regarding the bylaws or the memo included
in the packet. She said HUD does not have membership requirements at this point, and noted that the
application question was raised by someone who brought it to the council.
Anthony asked if any of the changes are absolutely necessary. Dulek said no, but the phrase about a
"HUD requirement" makes the bylaws inaccurate. Anthony asked for confirmation that if the commission
continues to maintain those preferences, it would be acceptable to remove the phrase "as required by
HUD" from the bylaws. Dulek said yes, and whether the categories are retained or changed is up to the
discretion of the commission.
Greazel said at the minimum, the bylaws should be changed to remove the reference to HUD. Hightshoe
asked if the preference categories should be maintained.
MOTION: Greazel moved to accept the change as noted by Anthony. Mellecker seconded.
Housing and Community Development Commission Minutes
July 20, 2006
Page 2
Dulek said the actual decision on changes to the bylaws requires two meetings. Anthony said the motion
could be tabled, then the commission could discuss before bringing the motion up from the table at the
next meeting. Dulek said yes.
Hightshoe asked if the commission members would like to make any other changes. Greazel asked what
is done with the information, whether it is relevant to what the commission does. Anthony asked if there
currently are representatives from construction and finance on the commission. Hightshoe said DeFrance
has a background in construction, and there have been lenders on the commission in the past to
represent finance. Long said conflicts of interest make it difficult to keep a representative from the Local
Homelessness Coordinating Board on the commission, because most of those groups receive CDBG
funding. Anthony suggested removing that category.
Hightshoe asked about the need for race and age information. Richman confirmed those are not in the
bylaws, just on the application. Hayek said there is a recommendation to change the application as well,
so there are three things being addressed. One already has a motion.
Richman said it would be valuable to have people from the construction and finance fields on the
commission. He asked whether that should be in the bylaws. Greazel said if there is a problem with
compliance, the question should be investigated. Hightshoe said while there is currently no active
recruitment from those areas, it could be done. Greazel asked about adding the phrase "if at all possible"
to that part of the bylaws. Richman said that is what is currently written. Hightshoe said there could be an
active effort at recruitment.
Richman said even if those representatives are not actively recruited, it is good to have something in the
bylaws that gives the council guidance on what would be valuable when they consider new members. He
said he would like to only remove the reference to HUD.
Hightshoe asked whether changing or removing information from the application would require council
approval. Dulek said no. Mellecker asked if the council gives preference to seniors or disabled persons,
for example. Anthony asked what is done with the information. Hightshoe said the city clerk's office
collects it and shares it with the council, but she is not aware of any reports being released.
Richman said the issue is probably that representatives from certain populations would be helpful on the
commission, given that much of the funding is geared towards those with lower income and disabilities.
Hightshoe asked if the commission members think asking all applicants their income information is valid.
Long pointed out that the application information becomes public information. Hayek said specifying
"lower" income might exclude qualified individuals of moderate income. Hightshoe said that for CDBG,
"lower" would be anyone under 80 percent of median income, but not everyone would know that.
Mellecker said she would assume it is less than median income.
Hayek asked if the legal department recently did an investigation about whether receiving funds
constitutes a conflict of interest. Hightshoe asked for confirmation that he means whether someone
receiving, for example, tenant-based rental assistance could be on the commission. Dulek said that could
be a conflict. Hightshoe asked how that would be identified. Dulek said an analysis would be done on the
individual, including whether they received CDBG assistance.
Greazel asked if there was a recommendation from staff. Long said the information is not used, except in
the sense that they strive to have as diverse a group as possible. No one is disqualified based on their
answers. If someone is uncomfortable filling it out, it is voluntary. Long asked if any other commissions
have similar questions on their applications. Dulek said only the Human Rights Commission has similar
questions, but none have questions about socioeconomic level.
Hightshoe said because of the nature of the commission, it would be good to have representation from
the lower-income community. Whether that should be made public information might be too much of an
intrusion of privacy. Hayek asked about putting the preferences in the bylaws, along with the statements
about construction and finance, so then it is a guideline and something to strive for, but not a matter of
disclosure that is made public record. Richman asked how the council then is going to determine whether
people meet these preferences.
Housing and Community Development Commission Minutes
July 20, 2006
Page 3
Long said the council does ask what the current makeup of the commission is when new appointments
are needed. Greazel said it is not all that integral to the function of the commission, so if disclosing the
information discourages people from applying to be a part of the commission, then the preference
categories are not serving their purpose.
Anthony asked whether a decision could be made today. Hightshoe said no. Long said it would be on the
next meeting agenda. Greazel noted that additional questions and suggestions could be emailed to
Hightshoe, as necessary. Anthony recommended moving to the next topic.
Community Land Trust Presentation - The Housing Fellowship
Dennis handed out copies of Housing Fellowship brochures and a copy of an article about the Land Trust
program in Boulder, Colorado. She said she and Long attended the National Community Land Trust
Conference recently, which is where she got the article on Boulder. She said she also has copies of the
Land Trust lease available for people who would like to review it.
Dennis introduced herself by saying she is the Executive Director for the Housing Fellowship (HF),
located in Eastdale Plaza. Community Land Trusts (CL Ts) offer housing options for low- and moderate-
income segments of the population. CL Ts were created to keep homeownership options affordable, and
are typically run by a non-profit organization. Essentially, the land is held by the non-profit organization,
while the owner holds the improvements or the home.
Dennis said the homeowner and the CL T enter into a long-term ground lease. The HF buys a piece of
land, build a house and sell it, but they do not sell the land, instead entering into a 99-year ground lease
that is renewable at the end of the term. The benefit of this structure is that the cost of the house is
reduced because the price of the land is not included. Restrictions on the resale price limitations are
included in the lease.
Dennis said she learned at the conference that there are a lot of CL Ts in the country. They are springing
up all over, and different non-profits use them to accomplish different goals. Sometimes they are used as
preservation of long-term affordability, which is one of the reasons the HF uses them. They also are used
for promotion of first time home ownership, neighborhood preservation, neighborhood restoration, and to
block commercial development. Conventional wisdom is that the motivation of the CL T should be clearly
defined in the purpose of the individual program.
Dennis said in order to block commercial development; some organizations anchor a CL T home on four
corners of a specified area, which effectively removes the land from the speculative market. The non-
profit will never sell it, so no commercial interests will be able to buy the land.
Dennis said the HF uses CL Ts to promote home ownership to income-targeted buyers, and ensure their
long-term affordability. The overall mission of the HF is to increase access to and availability of affordable
housing in Johnson County. According to information from the Iowa City Area Association of Realtors, the
average lot price in Iowa City/Coralville increased by $11 K in one year, from 2004 to 2005. Similarly,
there was also a $30K increase in the same time period in the average price of homes.
Dennis noted the averages include every piece of real estate sold in Iowa City and Coralville. When
looking only at single-family homes in Iowa City, the average price in 2005 was $253K. In contrast the
debt capacity of a family of four in Iowa City at 80 percent median income is between $145K and $155K,
which assumes $5K down payment, $200 per month utility costs, and $500 of other monthly debt.
Dennis said the HF has only done CL Ts in Iowa City so far, because of the use of HOME funds. They
acquire the land either with a HOME grant, or a declining-balance forgivable loan. The grants are easier,
because the loan does have a mortgage attached to it, which lenders to take into consideration when
evaluating a loan application. The HF builds the houses through private construction financing, and
recently they have also gotten lower-interest loans from Housing Trust Fund of Johnson County. They
payoff those loans from the sales proceeds when the improvements on the land are soid. The houses
are sold on the MLS through a local realtor, who donates his commission to the project. Any
administration costs incurred by the HF are also paid for from the proceeds of the sale as well.
Dennis said 13 houses have been sold in Iowa City so far, eight ranches with basements, two duplexes
on slabs, two duplexes with basements, and one two-story with a basement. 12 have been new
Housing and Community Development Commission Minutes
July 20, 2006
Page 4
construction, and one was an acquisition of an existing home that they rehabilitated. They always include
egress windows and rough-in plumbing in the basements of the homes for future finishing. The covenants
in the various neighborhoods do restrict what the HF can build.
Dennis said people need to apply to qualify for a CL T house. They can apply at any time, and they must
include a copy of their most recent tax return. Income is verified again at the time of sale. The process of
verifying income and then approving or denying applicants is not an intense process because the HF
does not build or sell a lot of houses at once. They maintain a fiie of approved applications, and then
when a house is under construction, they contact the applicants to see if they are still interested and
qualified.
Dennis said buyers must go to a lender that is approved by the HF, and the options currently are Hills
Bank, Wells Fargo, and Iowa State Bank. They do that because there are many lenders that will not loan
on CL Ts, and time is wasted by going through the process elsewhere.
Greazel asked what happens if someone defaults on their mortgage. Dennis said it depends. If it is a
Fannie Mae loan, Fannie Mae includes a rider that states the land lease goes away. Greazel asked for
confirmation that the non-profit might lose the land. Dennis said yes, but practically speaking, what
typically happens is the mortgage holder looks at the abstract and sees that the HF owns the land and
asks them if they want to buy the house. The biggest reason the lenders do not like to do CL Ts is
because they cannot do desktop underwriting, so they require a huge amount of time to do it by hand. It
has nothing to do with whether the HF has a preference about the banks, it is just because those banks
will lend on CL Ts.
Greazel asked whether there are restrictions on second mortgages. Dennis said not necessarily, but they
still have to be mortgage-qualified. Because the HF owns the land, they are made aware of any activity,
and they have the right to tell owners they cannot go to a mortgage-broker.
Dennis said what she learned at the conference is that most CL Ts in the nation have an intensive
homeownership education program. The experience of the HF is that the people they sell to in Iowa City
are very bright and educated, and most cases have been successful. She said the other side of the
application process is that the house will be on the MLS, then the realtor calls the HF if other people
contact him directly, then she sends them an application and starts them on the process.
Dennis said buyers in the program have to have an income between 60 and 80 percent of the area
median income. The household incomes they have been selling to are quite a bit lower than the cap. The
other thing is that the house they acquired on Stanford Avenue was on the market for 89 days, which was
due to the fact that it was listed on the market while it was being rehabbed, and the buyers were going
through a secondary-market approval, which slowed things down. That skews the averages a bit.
Richman asked for confirmation that the HF currently has seven active applications, and only build one or
two houses a year. Dennis said yes. Richman asked if potentially people on the list might not get a house
for a few years. Dennis said yes, and when she calls applicants to follow up, a lot of times they are no
longer looking. If they are still looking, however, their income needs to be reverified at the time of the sale.
Dennis said one of their current projects is a student-built house in the Feel Good Project, which won the
2001 Iowa City Community Development Award for Fostering Community Partnership, and was featured
on the national HUD website. The local partners in the project are the city, the Association of Realtors,
the Homebuilders Association, and the Iowa City Community School District. Four houses have been built
in this program. The HF purchases the lots with HOME funds, and then the Vocational Training Council of
Homebuilders provides technical expertise and assistance, while students build the house. The HF
guarantees that they will purchase the house at the end of the year, which is then sold as a CL T.
Dennis said the land lease is based on a document developed by the Institute for Community Economics.
The lease is a lengthy document that is difficult to summarize, but the key point is that the HF lease has
been approved by Fannie Mae and Countrywide, which is not an easy thing to accomplish. Countrywide
is the market that services the Iowa Finance Authority first home loans, so HF buyers can qualify for
those. The homeowner has full and free use of the land, but when the house is sold, the owners must find
an income-qualified buyer. An attorney must verify that the buyer understands the lease, and there is a
resale formula in the lease that limits the resale price of the homes.
Housing and Community Development Commission Minutes
July 20, 2006
Page 5
Dennis said the home must be sold to an income-targeted buyer, or the HF has the option to purchase
the improvements back and resell it. The homeowner is charged a monthly fee for use of the land, which
is currently $20 per month.
Long asked how property tax is handled. Dennis said it depends on the CL T. If the HF pays the property
taxes, they charge more for the monthly land fee. In the HF lease, the owner of the home pays taxes on
the land, and any improvements. Greazel asked if land is exempted from taxes. Dennis said no.
Richman asked for confirmation that the ground lease for all the houses Dennis discussed is $20 per
month per house. Dennis said yes. Essentially the HF is subsidizing the land, while the homeowner still
retains all the rights for free use of the land. She said the HF also has occupancy and use restrictions.
The home must be used as the owner's primary residence, so they cannot be rented out. The lease
defines what is considered a "major" improvement to the home, and those need to be approved by the
HF.
Shaw arrived at this point.
Dennis said in terms of equity and resale, the longer the owner lives in the home, a larger percentage of
the increase in value the owner will receive when the house is resold. The formula is stated in the lease,
and is how the house remains affordable. This only applies when the house is sold. If the first buyer lives
out her life in that home, she can will the home to her heirs.
Hayek asked how the house is appraised with that sort of restriction, and whether the lender hires the
appraiser. Dennis said they have done a lot of work with the appraisers, and Fannie Mae has a guide on
how to appraise CL T homes. Any appraisal on any home separates out the land, however, so it is not too
complicated.
Dennis said the resale price is the original appraised value of the house plus the percentage of change in
the increase in the value based on your length of residency, which is what comprises the purchase option
price. That is what needs to be explained to potential buyers. They have only had one sale so far, and it
was successful.
Dennis said in closing, through CL Ts the house remains affordable for subsequent buyers, and it is a
one-time investment that continues to benefit low-income buyers throughout the lease term of 99 years.
Also, the lease is renewable for another 99-year term at the time of its expiration.
DeFrance asked who the HF purchases lots from, and whether they pay appraised value or more for
them. Hightshoe said lots must be purchased for no greater than the appraised value. Dennis said three
lots have also been donated for this program.
Anthony asked whether the HF would like to have the program expanded in the area, either through them
or someone else. Dennis said yes, through the HF or anyone else would be fine. This program is great for
first-time home ownership, and the HF does not have to be the only group involved. There are also a
variety of approaches to the leases and other aspects; another group would not have to adopt the
approach that the HF uses.
Anthony asked what the challenges are for expansion of this program in Iowa City. Dennis said lenders
who are willing to do CL Ts, but that is also a nationwide problem. Richman asked for confirmation that the
same problems exist for buying lots for CL T houses as for other programs. Dennis said it is both the price
of the lots and the covenant restrictions. The buyer pool is becoming smaller, because the council has to
approve every site individually. Since there are restrictions on certain elementary attendance areas, the
available areas have covenants that create problems with building houses their buyers can afford. For
example, if the area requires a 1500 square foot house, the HF cannot build a house there that their
buyer incomes can afford.
Anthony asked whether Dennis has seen a rise in areas with restrictive covenants over the past years.
Dennis said no, all subdivisions have covenants, and the ones with the less expensive lots usually require
houses that are 1000 square feet. That works well for them, since they usually build 1100-1300 square
Housing and Community Development Commission Minutes
July 20, 2006
Page 6
foot houses. Anthony asked whether there is a difficulty with finding buyers for the program. Dennis said
no, but it can be difficult to explain the program to people.
Dennis said Mayo Clinic has invested a lot of land into CL Ts in Rochester, and their restriction is that if,
for example, a nurse buys the house, then the house must be sold to a nurse. Some other very expensive
towns have CL Ts that serve fire fighters and teachers. Long said a project in Boulder involved a non-profit
and the city putting a mobile home park that was being threatened by development on a land trust. The
city bought it as part of a flood project, and then sold it to the non-profit.
Hayek left the room at this point.
DeFrance asked whether the HF had any property locations in mind. Dennis said they look on the MLS.
She added that when the program first started in 1998, they were able to acquire a lot valued at $18K,
and in just that amount of time the lot prices have risen drastically. Greazel said one of the valuable
aspects of infilllots is that their covenants have expired or they did not have one originally, so they do not
have as many restrictions.
Hayek returned to the room at this point.
Dennis said these programs have a lot of success in communities with a lot of infill available, or where
there are a lot of properties that need to be torn down. Iowa City does not have either of those situations.
DeFrance asked whether any properties affected by the recent tornado would be available. Dennis said
no.
Introductions were done for the benefit of those absent at the beginning of the meeting.
Hightshoe said Greazel's and Shaw's terms are expiring, so they will need to reapply for another tenm.
Review of Allocation Process - Creation of Subcommittee
Anthony said last year a subcommittee was created to review the process and produced some very good
recommendations that were implemented last year. He asked whether the commission members feel the
need to revisit the allocation process.
Greazel said one of the things the commission discussed earlier was being more focused and deciding
what they wanted to accomplish with the limited funds that need to be allocated. It would be good to
discuss a plan before going into the process rather than being reactionary to whatever is presented to the
commission. Anthony agreed that it is good to be focused. He said that would be different than what was
evaluated last year. Last year the commission looked at the application process. This would be a review
of the commission's efforts.
Anthony asked whether the other commission members think having this sort of focus would be
beneficial, and if so, should a subcommittee be created to discuss it. Shaw asked what method would be
more efficient. Anthony said the committee approach last year was very good, and seemed to work
efficiency. Hayek said the changes from last year were great, so the application process does not need to
be reviewed again. Anthony said it would not be tinkering with the application process this year.
Hightshoe said it would be more along the lines of additional Information to be sent out with the
applications, to let people know what sorts of projects the commission is looking for.
Anthony said the focus could be just for one year. Richman said it would need to get done sooner rather
than later, because applications will be due soon. It does not seem fair to put out guidelines a month
before applications are due. Mellecker asked whether this would be similar to the CITY STEPS plan.
Greazel said the problem with CITY STEPS is that it is ambiguous. There are times he would like to focus
effort in a project to allow it to really get off the ground and viable. He would like to give some projects a
bigger impact so they can be done right, instead of spreading things out so thin.
Greazel said he does not know if this has been tried before, to have the commission establish guidelines
rather than react to whatever the applicants submit. Hightshoe said that CITY STEPS is reviewed each
year, but setting a focused priority has never been done before, and would need to be approved by the
council. This would have to be done soon in order to get quality applicants for the focus area.
------~_.- ----. --~--- ----- -- -- ---- -----~--~-----,._-~---
Housing and Community Development Commission Minutes
July 20, 2006
Page 7
Hayek said that though the commission has a tendency to fund a lot of projects with a little money, they
all tend to score high according to CITY STEPS. He asked whether creating a focus is permissible.
Hightshoe said yes, because federal funds are allocated at the council's discretion. Council would have to
agree with whatever focus the commission would like to establish. Shaw asked if the commission would
need to make a recommendation to the council. Hightshoe said yes. Long said this would need to be
done by mid-August. Richman said it is unlikely anything formal would be in place before September,
which is already almost too late.
Richman suggested forming a subcommittee to implement this for next year. Hightshoe said in terms of
CITY STEPS, almost all public services and several other items are high priorities. Mellecker said she
thinks a yearly statement would be good, so some areas are not mislabeled a low priority. Hightshoe said
CITY STEPS is revised every year, and amendments need to go to the council for approval. That might
be a way of focusing efforts, through amending CITY STEPS, and then it would be reviewed on an annual
basis.
Richman asked when CITY STEPS is reviewed. Hightshoe said it is reviewed in September, approved in
October: It is only taken to council if there are amendments.
Hayek said it would be hard to downgrade high priorities to medium or low, because they are high
priorities whether the commission chooses to focus on them or not. Instead of going through an extended
review process that has to go through council, instead would it be possible to just decide on one area
within the commission and go with that. Shaw asked for confirmation that Hayek is leaning towards
Mellecker's suggestion of a commission mission statement for each cycle.
Anthony said that approach avoids the issue of having to downgrade priorities. They all remain high
priorities, but are not being focused on all the time. Hayek noted that a lot of non-profits depend on a
relatively steady stream of funding. Hightshoe said there could also be an issue where it is just the right
time for a group to do a particular project, and if it does not fall within the focus of the commission, the
opportunity could be lost.
Richman said he thinks the focus would not be centered so much on housing and public service projects.
He said he is thinking more in the public facilities project area. Anthony asked whether the council had
discussed what might happen to the public service funds. Long said council will talk about it in August.
Anthony asked whether there is consensus on if a subcommittee should be formed or not. No
commission members voiced opposition to forming a subcommittee. Anthony asked for volunteers to
serve on the subcommittee. Shaw said he would be willing to serve on the committee if there are specific
objectives and a timeline. Hart said she would be willing.
Hightshoe said if this will not be effective for this year; it could be done in conjunction with community
input received during the CITY STEPS review process for implementation next year. The subcommittee
would work with city staff to come up with a focus based on recent community input on community needs.
Also it might be good to hold off until new appointments to the commission are complete. Anthony
agreed.
Discuss Inclusionary Zoning
Shaw asked whether there was a meeting at the library about inclusionary zoning. He saw that one of the
meeting rooms was set aside for a meeting about inclusionary zoning. No other attendees had any
information.
Anthony said materials regarding this topic were sent out in the April meeting packet. Hightshoe said this
would be a subcommittee situation, to research the issue. She said a problem should be identified that
the proposed regulations attempt to address, before looking at the merits of inclusionary zoning. That
might be a longer process. Then the subcommittee would bring their conclusions and recommendations
to the full commission for discussion.
Anthony said first the subcommittee would look at whether or not inclusionary zoning is needed, rather
than the mechanisms involved. If the subcommittee decides that inclusionary zoning would be beneficial,
they need to first convince the commission before it goes any further.
Housing and Community Development Commission Minutes
July 20, 2006
Page 8
Hayek said the full commission should also see the information the subcommittee reviews. Hightshoe
agreed. Anthony said the subcommittee could look at the information that staff supplies, as well as the
market conditions in Iowa City. Then they would make a determination whether or not it is needed, and
present their evidence to the commission.
Mellecker said the first question should be confined to why inclusionary zoning is needed, not any sort of
policies or other discussions. Shaw asked for confirmation of what question the subcommittee should be
addressing, why it is needed, or whether it is needed. Hightshoe said she thinks the first question is what
issue or concern the commission is trying to address, and then whether or not inclusionary zoning would
help that identified issue. long said the solution might not be inclusionary zoning.
Hightshoe said she anticipates that the subcommittee would be working with staff and also consulting
with Planning and Zoning. P&Z staff would have to have time to research and evaluate any
recommendation before it went before council.
Richman asked whether there was general agreement to form a subcommittee to discuss this. No
commission members voiced objections. long said there are other groups in the community that have an
interest in this topic, which the subcommittee could meet with. Hightshoe said that the commission
members would be invited if the subcommittee meets with any outside groups, and summaries of
subcommittee meetings would be included with commission agendas.
Hayek said it is a very complex and difficult topic to discuss, so the subcommittee tasks would need to be
very focused. Anthony asked for volunteers for the subcommittee. Anthony, Hart, Hayek, and Shaw
volunteered. Hayek said he might be leaving the commission at the end of the year.
Anthony said the subcommittee would meet to decide on a process.
Smith said his group, which involves the Homebuilders Association, the Chamber of Commerce, Housing
Fellowship, and others, is very interested in and discussing this issue. There appears there are
overlapping areas of interest, so he hopes to work with the commission and subcommittee during the
discussion.
Shaw left at this point.
Announce Upcoming HCDC Vacancies
Hightshoe announced that Shaw and Greazel's terms will be expiring soon and they must reapply if
interested. Hightshoe confirmed that Mellecker is leaving so an additional spot will be open. She said
applications for these two vacancies are due to the city clerk's office by July 26.
Old Business
Discuss National Community Development Week Celebration
Hightshoe said the celebration would be held at Grant Wood Elementary on August 15 from 4:30 to 6:00
p.m. The plan is to have a band from 4:30 to 5:00, with the program beginning at 5:00. The principal at
Grant Wood will do some introductory remarks, and the principal from Southeast has agreed to be the
guest speaker. Regina Bailey will be handing the big checks and awards. Awards decisions have not
been made yet.
Hightshoe said she is trying to arrange to have developers set up some information about future private
development plans for the Highway 6 area as well.
Review of Down Payment Assistance Program
long reported that no money has been spent. The lender told him they are having a difficult time finding
interest in the program since it has a $5K cap and house prices have increased. lenders also make more
money doing 100 percent financing than with other strategies. The higher the interest rates go, however,
the more attractive the program might be. The commission needs to decide what to do with the money.
Hayek asked whether the money could be used for closing costs. long said yes. Richman asked whether
it would be possible to market the program directly to buyers, rather than through the lender. Hightshoe
Housing and Community Development Commission Minutes
July 20, 2006
Page 9
said part of the problem is that it is not a grant, so they have to pay it back. Also, if the buyer is going with
the IFA first-time-buyer program, they cannot combine assistance, so they do not qualify.
Richman asked for confirmation that the problems are that there are too many competing programs, the
program is overly complex, and it is being poorly marketed. Richman said if there are so many problems
with the program, then the commission should consider doing something else with the money. Hightshoe
said the money could be recaptured and allocated during the next round. Long said the city could also
take over administration directly. He added that the city has written letters to all the realtors and lenders in
town, so peopie know about it. Also, they do receive inquiries into the program, but once people hear the
parameters, they go elsewhere.
Richman said there is no incentive for lenders or realtors to market this program. Anthony asked whether
the restriction on not combining this with other sources was flexible. Hightshoe says the restrictions are
on the other sources, not with our requirements. Mellecker asked for confirmation whether the money
wouid go into the next round's funds if it was recaptured. Long said yes, or to cover overruns. Richman
asked whether this was from HOME or CDBG. Long said CDBG.
Hayek said it seems odd that there is not a need for the money. Anthony said part of the problem stems
from housing prices. Most of the houses that would be priced in the range where people in this income
bracket would qualify for the assistance were built before 1978, which leads to issues with lead paint.
Hightshoe agreed that is another problem. As these are federal funds, the city cannot fund a house built
prior to 1978 due to lead based paint issues.
Hayek asked whether it would be possible to increase the grants to $1 OK. Long said the lender says that
would help. Hightshoe said the city could also look at combining with other programs, such as with the
Housing Fellowship or the Iowa City Housing Authority programs for homeownership. Hayek suggested
giving the money to the Housing Fellowship. Richman said if that is the case, then the commission should
recapture the money and reallocate it.
Richman asked whether the commission needed to make a decision on this at the current meeting.
Hightshoe said according to council policy, it was required that half of the money be spent by March 15.
If not, the commission must reevaluate the project and could recapture funds based on the
circumstances. Long said since it is already past the beginning of the year, the commission could wait
untii December to decide. Hayek asked whether there was a chance to spend the money before
December. It might do some good in the current program, and if not, the money could still be recaptured
by the time the commission allocates next year's funds (FY08).
Richman asked when the applications for next year's CDBG funds go out. Hightshoe said November.
Richman suggested waiting until October 15, and if the money is not spent, then recapturing it and putting
it with next year's funds. Hightshoe asked whether the funds would have to be administered through the
current lender if city staff made some arrangement with other groups. Long said it does have to go
through Hills Bank.
MOTION: Richman moved that the program continue until October 15, at that time any remaining balance
would be recaptured and allocated in the next funding round. Greazel seconded, and the motion carried
on a vote 017-0.
Monitorinq Reports
Economic Development Fund and Iowa Valley Habitat for Humanity
Greazel distributed a summary to all the commission members. Hightshoe said $200K would be carried
over to the Economic Development Fund for allocation, which includes money from previous years as well
as this year's allocation. As indicated on the report, some of the applications have been successful, but
the majority was not able to maintain the business past three years.
Hightshoe said the plan for this fiscal year is to involve lenders more in the process, and have the city do
more gap funding for people who can get some private financing but are collateral thin, for example. The
goal is to have more success stories. She said she would still be the contact for the fund, and will present
to the Economic Development Committee in a couple months. She has talked to the Small Business
Development Center, and they thought that approach would be attractive to lenders.
Housing and Community Development Commission Minutes
July 20, 2006
Page 10
Long said nine percent of the CDBG/HOME budget is taken out for economic development, which
includes both CDBG and HOME funds. Since only CDBG funds are eligible for economic development,
staff is taking a request to council that just nine percent of CDBG funds be used for economic
development.
Greazel noted that Habitat for Humanity spent their money purchasing lots.
Goodwill Industries, Planned Parenthood, Housing Rehabilitation, Downpayment Assistance
Mellecker said Goodwill spent their money and is all done. She was not able to talk to Planned
Parenthood. Long said their project is finished, which included moving the entrance out of the public right
of way to protect their clients, redoing the lobby, and installing a new counter top. The owner of the
property paved the lot and installed a privacy fence.
Mellecker said that Housing Rehab spent some of their money, but stopped because the rest of their
funding was tied up in Congress. They finished up their existing projects, and have been getting tornado
repair requests recently. Long said the funds were released on July 19.
Mellecker noted the status of the Downpayment Assistance program was discussed previously.
Hightshoe said that at the August meeting, staff would do the updates on all FY06 projects and carry over
projects that had not been reviewed this past year.
Long said the Senate Appropriations Committee increased CDBG funds for the first time in five years.
That means there shouid be approximately a $200 million increase nationwide.
Adiournment
There being no further business to come before the committee, Hayek moved to adjourn. Greazel
seconded and the meeting was adjourned at 8:45 p.m.
s:fpcd/minutesJHCDCJ2006J07 -20..Q6,doc
Housing & Community Development Commission
Attendance Record
2006
Term
Name Expires 01/19 02/16 03/09 03/23 03/29 04/20 07/20
Brian Richman 09/01/07 X X X X X X X
Holly Jane Hart 09/01/07 -- -- -- -- -- -- -- -- -- -- -- -- X
Jerrv Anthonv 09/01/08 X X X X X X X
Kelly Mellecker 09/01/08 OlE X X X X X X
Lori Bears 09/01/07 X OlE X -- -- -- -- -- -- -- --
Marcy De France 09/01/09 -- -- -- -- -- -- -- -- -- -- -- -- X
Matthew Havek 09/01/07 OlE X X X OlE X X
Michael Shaw 09/01/06 X X X X X X X
Thomas Niblock 09/01/08 X X X OlE OlE X OlE
William Greazel 09/01/06 OlE X X X X X X
Yolanda Snears 09/01/06 -- -- X -- -- -- -- -- -- -- -- -- --
Key:
X = Present
I 0 = Absent
I OlE = Absent/Excused
i NM = No Meeting
-- -- = Not a Member
I
I
I
I
FINAUAPPROVED ~
JUNE2006~
MINUTES
SENIOR CENTER COMMISSION
JUNE 20, 2006
G08/9- SENIOR CENTER
Call to Order:
Members Present:
Meeting called to order at 3:15 PM
Betty Kelly, David Gould, Jay Honohan, Jo Hensch, and Nancy
Wombacher
Bob Engel and Sarah Maiers
Michelle Buhman and Linda Kopping
Lynn Campbell and Dorothy Scandurra
Members Absent:
Staff Present:
Others Present:
RECOMMENDATIONS TO COUNCIL
None.
APPROVAL OF MINUTES
Motion: To approve the May minutes as distributed. Motion carried on a vote of 4-
O. Kelly/Hensch.
PUBLIC DISCUSSION
Scandurra expressed concern that the increase in parking rates will negatively impact
participation at the Senior Center. On July 5, 2006 the parking rates will go from
$.60/hour to $.75 an hour. Scandurra felt the increase would make it difficult for people
to afford to come to the Center. Kopping explained that those who participate in the
discounted parking program could still purchase a Senior Center parking permit and that
the rate for these permits will not increase this year. It is anticipated that the Senior
Center parking rates will increase in FY08. The parking program costs the Senior Center
approximately $14,000 annually.
COMMISSION ASSIGNMENTS
Gould volunteered to write the web article from this meeting. He will also report on the
meeting and miscellaneous Center activities to the Board of Supervisors and City
Council.
Honohan volunteered to write the web report to the Board of Supervisors and City
Council following the July Commission meeting.
PLANNING FOR VOLUNTEER RECOGNITION - Kopping
The Volunteer Recognition planning committee decided to hold a recognition breakfast
on Friday June 30 from 7:30 to g:OO AM. As they have done for the past several years,
Elder Services' Senior Dining program has agreed to order the food and help with food
preparation the morning of the event. We will be serving pancakes, fresh fruit, sausage,
muffins, scrambled eggs and beverages. Nic Coffman's band will be performing at this
event.
FINAUAPPROVED
JUNE 2006
STANDING COMMITTEE REPORT
Promotion Committee -Hensch
Hensch reported on the June 20, 2006 meeting of the Promotion Committee.
Hensch reported that the committee expanded on their previous discussion of the Center
becoming more visible in community events such as the 4th of July and Homecoming
parades. There was interest in organizing a drill or dance team that would carry a banner
identifying them as a Senior Center group. Kopping will explore options for obtaining a
banner. Hensch will find out the deadlines for participating in local parades.
A person new to the Iowa City area reported that the Coralville/Iowa City Visitors Center
did not have any information about the Iowa City Senior Centers. The Promotion
Committee discussed this problem at their meeting and suggested creating a brochure
with general information about the Senior Center that also welcomes new people to the
area. The brochure also would be given to community groups around Johnson County.
In addition the committee discussed reviving the Newcomers Group.
The Commission suggested that the Newcomers Group have a monthly coffee or
luncheon.
Community Relations and Outreach Meeting - Wombacher
Wombacher reported from the Community Relations and Outreach Committee meeting.
The committee has decided to focus their efforts in two areas.
1. To develop a list of volunteer speakers willing to go out into the community and
give brief presentations about the Senior Center. The committee is working to
generate a list of specific service groups in the area that might be interested in
such a presentation.
2. To explore ways in which Center programs can be offered at sites away from the
Senior Center such as churches, community centers and retirement residences.
Once the program is defined and organized, the group plans to make the service
available to a few specific sites and evaluate its effectiveness.
OPERATIONAL REVIEW-Kopping
Staff reports were reviewed and discussed.
Commissioners were asked to help sell raffle tickets during the annual quilt raffle at the
Johnson County Fair and local Hy-Vee grocery stores. A sign-up sheet was routed.
Kopping reported that she was selected as one of six professionals to serve as a peer
mentor for a program sponsored by the National Council on the Aging and the MetLife
Foundation. As a part of this program Kopping recently attended a training session
focusing on how to develop and facilitate the work of self-directed volunteer teams.
Kopping felt the training was very useful and noted that a follow-up session is planned
for next spring. Kopping distributed a press release outlining the program.
COMMISSION DISCUSSION:
None.
Motion: To adjourn. Motion carried on a vote of 5-0. Hensch/Kelly.
2
FINAUAPPROVED
JUNE 2006
Senior Center Commission
Attendance Record
Year 2006
Name Term 1/24 2/21 3/21 4/18 5/23 6/20
Exoires
Bob Enael 12/31/08 X X X X X OlE
David Gould 12/31/08 X X X X X X
Jo Hensch 12/31/06 X X X X X X
Jay Honohan 12/31/07 X X X X X X
Betty Kellv 12/31/07 X OlE X X X X
Sarah Maier 12/31/06 X X X X X OlE
Nancy Wombacher 12/31/06 OlE OlE X X X X
Key:
X=
0=
O/E=
NM=
Present
Absent
Absent/Excused
No meeting
Not a member
3