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HomeMy WebLinkAbout2006-10-05 Info Packet I = I -....,= -4_ ~~~i!':~ ~... -.....si- ...,.... ~ CiTY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET October 5. 2006 MISCELLANEOUS IP1 IP2 IP3 IP4 IP5 IP6 IP7 IPS IP9 IP10 IP11 IP12 IP13 IP14 IP15 IP16 IPH Tentative City Council Meetings and Work Session Agendas Memorandum from the City Attorney: Recent Gazette Article re: Traffic Tickets - "If You Have a Case, You Have a Chance." Memorandum from the City Clerk: Meeting with Area Legislators Memorandum from the City Clerk to all currently licensed Vehicles for Hire Companies: Proposed New Ordinance Memorandum from the City Engineer: North Dodge Street Improvements Project Memorandum from the Housing Summit Task Force: A Regional Housing Summit for Johnson County - November 14, 2006 Memorandum from the Economic Development Coordinator: TIF questions/answers Memorandum from the JCCOG Assistant Transportation Planner: Reassessment of the Lexington Avenue barricade traffic diversion Memorandum from Public Works DepartmenUEngineering to the City Manager: 2006 Curb Ramp Project Memorandum from the Public Works DepartmenUEngineering to the City Manager: Lower West Branch Road - Scott Boulevard to Taft Avenue Improvement Project Memorandum from the Director of Parking and Transit and the Transit Manager to the City Manager: Expanded Transit Service Letter and application from the City Manager for: Community Events and Program Funding FYOS Letter from Marlene Perrin to the City Manager: Thank you from the Johnson County Juvenile Justice Program Police Department Use of Force Report August 2006 Building Permit Information September 2006 Community Meeting to Address Underage and Excessive Drinking - October 9, 2006 Article: Get the Lead Out [submitted by Council Member Vanderhoef] October 5, 2006 Information Packet (continued) 2 PRELIMINARY/DRAFT MINUTES IP18 Human Rights Commission: September 26,2006 IP19 Planning and Zoning Commission: September 21,2006 IP20 Board of Appeals: September 26, 2006 IP21 Historic Preservation Commission: September 14, 2006 ,;::; 1 ~- ::; -!\t-.. ~~~= -..;::., .....~ --- -- - CITY OF IOWA CITY City Council Meeting Schedule and Work Session Agendas lAJ October 5, 2006 www.icgov.org TENTATIVE FUTURE MEETINGS AND AGENDAS I . MONDAY, OCTOBER 16 Emma J. Harvat Hall 6:30p Council Work Session . TUESDAY,OCTOBER17 7:00p Formal Council Meeting Emma J. Harvat Hall . MONDAY, OCTOBER 30 6:30p Special Council Work Session Emma J. Harvat Hall . MONDAY, NOVEMBER 6 6:30p Special Council Work Session Emma J. Harvat Hall Emma J. Harvat Hall . TUESDAY, NOVEMBER 7 Election Day - No Meeting . MONDAY, NOVEMBER 13 5:00p Legislative Meeting 6:30p Special Council Work Session Emma J. Harvat Hall . TUESDAY,NOVEMBER14 7:00p Special Formal Council Meeting Emma J. Harvat Hall \> THURSDAY, NOVEMBER 23 Thanksgiving Holiday - Offices closed Emma J. Harvat Hall .. FRIDAY, NOVEMBER 24 Thanksgiving Holiday - Offices closed Emma J. Harvat Hall . MONDAY, NOVEMBER 27 6:30p Special Council Work Session Emma J. Harvat Hall . TUESDAY,NOVEMBER28 7:00p Special Formal Council Meeting Emma J. Harvat Hall . MONDAY, DECEMBER 4 Meeting Rescheduled Emma J. Harvat Hall .. TUESDAY, DECEMBER 5 Meeting Rescheduled Emma J. Harvat Hall . MONDAY, DECEMBER 11 6:30p Special Council Work Session Emma J. Harvat Hall . TUESDAY, DECEMBER 12 7:00p Special Formal Council Meeting Emma J. Harvat Hall I ~ I ~L~_IO.... ~~W~'"y. -..:;::..... "'DII'~ .....- CITY OF IOWA CITyrnJ MEMORANDUM From: October 3, 2006 City Council !\ I , Atl Eleanor M. Dilkes, City Attorney LjjY" Recent Gazette Article re: Traffic Tickets - "If You Have a Case, You Have a Chance." Date: To: Re: This past weekend the Gazette published a story by writer Christoph Trappe entitled "If You Have a Case, You Have a Chance." The article's conclusion was that "if you think you have a case against a traffic ticket and you fight it, your chance of getting a better deal is about 50-50." The article reported that in Johnson County, 409 drivers challenged their tickets and 46.5% of them obtained "better deals". I cannot speak for the other jurisdictions in the county, but wanted to report that the statistics my office keeps on Iowa City traffic charges that are scheduled for trial in Magistrate's Court (not guilty pleas) are not at all consistent with the Gazette's findings. Our statistics show that a very small percentage of cases that are scheduled for trial result in a dismissal or a not guilty verdict. For the one year period from September 2005 through August 2006, of the 214 traffic cases that were scheduled for trial, 13 were dismissed (6.07%) and 6 were found not guilty (2.8%). A copy of the breakdown by month is enclosed. We noted these statistics in our conversation with the author of the Gazette story prior to its publication, but he declined our offer for a copy. Attachment cc: City Manager Assistant City Manager City Clerk Police Chief Captain Johnson Assistant City Attorneys eleanor/memltrappe-stats.doc September '05 20 total traffic cases on docket 2 dismissed o not guilty June '06 11 total traffic cases on docket 1 dismissed 1 not guilty October '05 12 total traffic cases on docket 2 dismissed o not guilty July '06 18 total traffic cases on docket 1 dismissed 1 not guilty November '05 22 total traffic cases on docket 1 dismissed o not guilty August '06 27 total traffic cases on docket o dismissed o not guilty December '05 9 total traffic cases on docket 1 dismissed o not guilty Sept. 05 through August 06 January '06 17 total traffic cases on docket 2 dismissed o not guilty 214 traffic cases 13 dismissed 6.07% 6 not guilty 2.80% February '06 14 total traffic cases on docket 1 dismissed o not guilty March '06 20 total traffic cases on docket 1 dismissed 1 not guilty April '06 19 total traffic cases on docket 1 dismissed 3 not guilty May '06 25 total traffic cases on docket o dismissed o not guilty I ~ I ~~~~Ilt ,,---... ~IIDI~ ...,..~ CITY OF IOWA CITyl:;J MEMORANDUM DATE: October 4, 2006 TO: Mayor and City Council Marian K. Karr, City Clerk ~i- Meeting with Area Legislators FROM: RE: At your work session on October 2 you identified a number of issues for inclusion on the November 13 meeting agenda with area legislators. I have compiled the following list of items for the agenda. Please let me know if you have changes. Hearing nothing the agenda will be prepared from the list below. I. Iowa State Housing Trust Fund appropriation 2. Maintain local control over cable franchising 3. Change in Iowa Code 562A.l2 (wrongful retention oflandlord deposits) 4. Increase in hotel/motel tax to 9% 5. Vehicle tax on pick ups 6. Allow Home Rule for smoking in public places 7. Property tax credits / condos 8. Cultural Trust update 9. Franchise fees (allow cities to charge percentage of gross revenues) I ~ i -....= -~ t~W;!:8lt .....-;:;....._IIII.~ ......~ CITY OF IOWA CITylJ;J MEMORANDUM DATE: TO: FROM: RE: October 4, 2006 All Currently Licensed Vehic1e for Hire Companies Marian K. Karr, City Clerkr~ Proposed New Ordinance As you are aware the City Council has been discussing new regulations for "taxicabs" to be effective with the new licensing year, March I, 2007. The City Council has discussed regulations at three work sessions (September 5; September 18 and October 2). An information gathering meeting was held with companies and City representatives on September 26. A summary of that discussion was provided Council and prompted some amendments to the proposed ordinance. The amended ordinance was given first consideration at the meeting of October 3. Additional considerations are scheduled for October 17 and November 14. Enclosed is the ordinance being considered by the City Council. Please review the ordinance and feel free to contact your Council Members directly; or by mailing correspondence to 410 East Washington Street, Iowa City, 1A 52240; or emailing council@iowa-city.org. All correspondence received will be distributed to City Council. Please feel free to contact our office (356-5040) with any questions you may have on the ordinance. Cc: City Council Police ChiefHargadine Police Sgt. Lalla City Attorney Dilkes 9 , Prepared by: Marian Karr, 410 E. Washington Street,lowa City, IA 52240; 319-356-5041 ORDINANCE NO. ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "VEHICLES FOR HIRE" BY REPEALING SAID CHAPTER IN ITS ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 2, ENTITLED "TAXICABS." WHEREAS, City Code section 5-2 establishes regulations for Vehicles for Hire; and WHEREAS, City Council wishes to update and enhance appearance and operation of such vehicles; and WHEREAS, it is in the best interest of the City to adopt new regulations for "taxicabs". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Vehicles for Hire," is hereby amended by deleting it in its entirety and adding a new Chapter 2, entitled "Taxicabs' as follows: 5-2-1: DEFINITIONS: As used in this chapter, the fOllowing definitions shall apply: AIRPORT SHUTTLE: A vehicle furnished with a driver that carries passengers for hire exclusively on a route that either starts at or ends at the Eastern Iowa Airport or the Quad Cities Airport. APPLICANT: An individual or company wishing to operate as a taxicab within the corporate city limits. CHARTER TRANSPORTATION: A vehicle furnished with a driver that carries passengers for hire either on a fixed route in the city or pursuant to a written contract with reservations at least twenty four (24) hours in advance of the service. The vehicle shall operate without a meter installed and charge for services on an hourly basis or longer periods of time. DECAL: A license issued by the city clerk for each vehicle operated by a taxicab business. DRIVER: A person who is authorized by the city to drive a taxicab and has a valid driving badge. DRIVING BADGE: A card or badge issued by the city clerk to each driver authorized to operate a taxicab. HORSEDRAWN VEHICLE: Any vehicle operated or pulled by a horse, furnished with a driver and carrying passengers for hire within the city, and operates without a taxi meter. PEDICAB: A vehicle propelled exclusively by human power through a belt, chain or gears, having two (2) or more wheels, furnished with a driver and carrying passengers for hire. It shall be equipped with properly functioning front and rear lights for nighttime operation, right and left rearview mirrors and right and left turn signals, and operates without a taxi meter. RATE CARD: A card to be displayed in each vehicle for hire containing the maximum fare rates then in force, and complaint procedure. STREET: Any street, alley, court, lane, bridge or public place within the city. TAXICAB: All vehicles furnished with a driver that carry passengers for hire within the city, including, but not limited to, taxicabs, pedicabs, horsedrawn vehicles, and airport shuttles. "Charter transportation" as defined in this section and a vehicle owned or operated by any governmental entity that provides public transportation are not taxicabs. TAXICAB SERVICES: All activities conducted as part of or in furtherance of a taxicab business. Ordinance No. Page 2 TAXICAB BUSINESS: A person or entity that provides taxicab services originating within the corporate limits of the City of Iowa City. TAXIMETER: An instrument or device attached to measure mechanically, electrically, or electronically the distance driven and the waiting time upon which the fare is based and converts them to monetary charges. 5-2-2: TAXICAB BUSINESS LICENSE; VEHICLE DECALS. A. APPLICATION: Each applicant for a taxicab business license shall file an application with the City Clerk on forms provided by the City, which shall be verified and shall furnish the following information: 1. The name and address of each person with an ownership interest in the company wishing to operate a taxicab business. 2. The experience of the applicant in the transportation of passengers. 3. The record of convictions of misdemeanors and/or felonies, including moving and nonmoving traffic violations, and certified state of Iowa criminal history and certified state of Iowa driver's record for each person identified in subsection A 1 of this section. 4. The signature of all persons with an ownership interest in the applicant. 5. Such pertinent information as the City may require. B. MINIMUM QUALIFICATIONS: Each taxicab business shall meet the following minimum requirements: 1. Provide a minimum of 2 qualified licensed taxicab drivers. 2. Provide a minimum of 2 qualified licensed taxicab vehicles of which a minimum of one vehicle shall be in operation at all times. All taxicabs must comply with the vehicle requirements of this Chapter. 3. Provide a certificate of liability insurance in accordance with this Chapter. 4. Meet all applicable zoning ordinance regulations and other city regulations. C. ISSUANCE OR DENIAL OF BUSINESS LICENSE. If the City Clerk finds that the applicant has fully complied with the requirements of this Chapter and the Police Chief or Chiefs Designee has determined that there is no information which would indicate that the issuance of the license would be detrimental to the safety, health or welfare of residents of the city, the City Clerk shall issue a license to conduct a taxicab business. D. DECALS 1. Application Forms: Each applicant shall also file an application for a decal for each taxicab with the City Clerk on forms provided by the City. 2. Attachment Of Decal: No taxicab shall be operated on any street within the city unless a decal has been issued by the city clerk. The decal shall be attached to the lower corner of the front windshield on the passenger side. Pedicabs or horsedrawn vehicles shall display the decal on the left rear of the vehicle. 3. Issuance Or Denial Of Decal; Nontransferability: a. If the City Clerk finds that the applicant has fully complied with the requirements of this Chapter and the Police Chief or Chiefs Designee determines that there is no information which would indicate that issuance of the decal would be detrimental to the safety, health or welfare of residents of the city, the City Clerk shall issue a decal for the taxicab. b. The decal shall be nontransferable as between vehicles and taxicab businesses. Ordinance No. Page 3 c. The refusal to issue a decal may be based on an adverse driving record, conviction of other crimes or when the applicant's prior experience demonstrates a disregard for the safety of others and/or a lack of responsibility. d. No decal shall be issued until at least 24 hours have passed since the filing with the City Clerk of a complete application for a decal. 5-2-3: LIABILITY INSURANCE REQUIREMENTS: A. Requirements: 1. As a condition to receiving a taxicab business license or a vehicle decal, the applicant shall file with the city clerk evidence of liability insurance coverage via a certificate of insurance which shall be executed by a company authorized to do insurance business in this state and be acceptable to the city. Each certificate shall list all vehicles licensed to the company. It is the responsibility of the company to file with the city clerk one certificate per company listing all vehicles. 2. Each certificate shall provide for ten (10) calendar days' prior wrillen notice to the City Clerk of any non renewal, suspension, cancellation, or termination of the policy of insurance. 3. The minimum limits of such policy shall be determined by city council resolution. 4. The cancellation or other termination of any insurance policy or certificate shall automatically revoke and terminate the licenses issued for the taxicab business and the vehicles covered by such insurance policy, unless another policy, complying with this chapter, shall be provided and in effect at the time of such cancellation or termination. The City Clerk shall immediately issue wrillen notification of the revocation of all licenses for the taxicab business and the vehicles covered by such insurance which is canceled or terminated. All decals must be returned to the City Clerk. Subsequent issuance of business licenses and decals will be in accordance with the terms of this Chapter and at the applicant's expense. 5-2-4: VEHICLE INSPECTION REQUIRED: A. Each applicant for issuance or renewal of a taxicab decal shall submit with the application a current certificate of inspection issued by the chief of police or the chiefs designee. Each vehicle governed by this article shall be subject to a semi-annual inspection. All inspections shall consist of the following: (1) All taxicabs shall be inspected for compliance with the requirements of this Chapter and the following: . a. Exterior. Headlights, taillights, brake lights, directional signal lights, license plat lights, windshield, vent glasses, windshield wipers, all other vehicle glass, glass window raisers, doors and door locks, trunk lid, trunk hood, and interior door handles, exhaust system, splash shields, hubcaps, bumpers, fenders, and allached lighted dome light, body and tires shall be inspected to ascertain that each is functioning properly. Each taxicab shall be maintained in a reasonably clean condition. There shall be no tears or rust holes in the vehicle body and no loose pieces such as fenders, bumpers or trim hanging from the vehicle body. There shall be no unrepaired body damage which would create a safety problem or interfere with the operation of the vehicle. b. Interior. The rear view mirror, steering wheel, foot brakes, parking brakes, seat bells, passenger interior light and air conditioning and heating systems shall be inspected to ascertain that each is functioning properly. The upholstery, fioor mats, head lining, door panels and the trunk compartment shall be inspected to determine whether they are clean, free of tears, and that the trunk has sufficient space for passengers' luggage. The taximeter shall be inspected to determine that it is properly calibrated in accordance with posted rate card. B. The chief of police or the chiefs designee may require reinspection of a vehicle on belief that a vehicle is not mechanically fit. In the event any vehicle is determined by the police chief or the chiefs designee not to be mechanically fit, the decal shall be confiscated by police and returned to the city clerk. After reinspection and determination that the vehicle meets the standards of mechanical fitness a new decal will be issued and charged as established by council resolution. Ordinance No. Page 4 5-2-5: STATE CHAUFFEUR'S LICENSE REQUIRED: No person shall operate a motorized taxicab on the streets of the city, no person who owns or controls a motorized taxicab shall permit it to be so driven, and no motorized taxicab licensed by the city shall be so driven for hire unless the driver of such motorized vehicle shall have first obtained and shall have then in force a chauffeur's license issued under the provisions of the code of Iowa, as amended. 5-2-6: DRIVING BADGE REQUIREMENTS: A. Badge Required: No person shall operate a taxicab on the streets of the city, no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the city shall be so driven at any time for hire unless the driver of such vehicle shall have first obtained and shall have then in force a driving badge issued by the city clerk. B. Application For Badge: Each person desiring to drive a vehicle for hire shall file an application for a driving badge with the city clerk. Such application shall be verified under oath and shall furnish the following information: 1. The name and address of the person, and name of taxicab business. 2. The experience of the person in the transportation of passengers. 3. The person's record of convictions of misdemeanors and/or felonies, including moving and nonmoving traffic violations, and certified state of Iowa criminal history and certified state of Iowa driver's record. 4. Motorized taxicab drivers shall possess a currently valid Iowa chauffeur's license. 5. Such further pertinent information as the city may require. C. Issuance Or Denial Of Driving Badge: 1. If the City Clerk finds that the applicant has fully complied with the requirements of this Chapter and the Police Chief or Chiefs Designee has determined that there is no information which would indicate that the issuance of such badge would be detrimental to the safety, health or welfare of residents of the city, the City Clerk shall issue a driving badge. 2. The refusal to issue a driving badge may be based on an adverse driving record and/or conviction of other crimes or, in the case of a horsedrawn vehicle operator, failure to demonstrate ability to control the animal and vehicle in traffic. D. Nontransferability: The badge shall be nontransferable as between persons and taxicab businesses. E. Badge To Be Displayed: Each person, while operating a taxicab in the city, shall prominently wear on the driver's person the driving badge showing the full name of the driver, the driver's photograph, and the taxicab company. The badge shall be provided by the city clerk. 5-2-7: RATES; HOURS; COMPLAINTS: A. Display Of Rate, Hour and Complaint Procedure Card: 1. Each taxicab shall have prominently displayed a fare rate, hours of operation and complaint procedure card visible to all passenger seats, and each driver shall provide a copy of said card to a passenger, when requested. A copy of the fare rate, hours of operation and complaint procedure card shall be filed with the City Clerk. Rates and hours of operation must be provided in accordance with the card on file with the City Clerk. 2. The fare rate, hours of operation and complaint procedure card shall contain the following language: "Complaints regarding this taxicab's compliance with applicable regulations may be directed to the Iowa City Police Department on the form available at the Department located at 410 E. Washington Street, Iowa City, Iowa 52240 (319) 356-5275". - --- ------_..~.~--_.,---_...,.._...._.__....."----",._,--------~---,._-_.~---------~.._--"'_._--_.._-_._,..._.,..._,,-~---"._--_.__._..~-~~---,.,--_._-_._-- Ordinance No. Page 5 5-2-8: VEHICLE REQUIREMENTS: A. Lettering Required: Each taxicab shall have the name of the owner or the operating company thereof on each side of the vehicle in letters at least two inches (2") in height. Pedicabs and horsedrawn vehicles may use lettering smaller than two inches (2"). Removable signs shall not be allowed. B. Lighted Dome: Every motorized taxicab shall have a lighted dome light attached to the exterior roof of the vehicle with the word "taxi" visible from the front and back of the vehicle. In the event the Police Chief of Chiefs designee determines that attachment of a dome to the exterior roof is not possible the Chief or Chiefs designee may approve an alternative placement. C. No Smoking. Passengers and drivers are not allowed to smoke in taxicab vehicles. Decals or signs must be conspicuously displayed on the inside of vehicles that read "NO SMOKING ALLOWED IN THIS VEHICLE." 5-2-9: VEHICLE STAND: A. Application For Use Of Stand: A taxicab business licensed pursuant to this Chapter may apply for the exclusive use of a designated parking space for its taxicabs. The location of a parking stand shall be determined and approved by the city manager, or designee, as provided in title 9 of this code. B. Fee: The city council shall determine by resolution the fee for a parking stand. C. Authorization: The city clerk shall authorize a parking stand after the location has been determined by the city manager, or designee, and after the applicant has paid the required fee to the city clerk. 5-2-10: TERMS OF DECALS AND BADGES; RENEWALS: A. Taxicab business licenses shall be valid for one year. They shall commence on March 1 or the date of issuance, and shall expire on the last day of February. B. Driving badges shall be valid for a period of one year from date of issuance or the remaining period of chauffeur's license if under one year. C. Decals shall be valid for 6 months. They shall commence on March 1 and September 1, or the date of issuance. They shall expire on the last day of February and the last day of August. D. Renewals shall follow the same procedure as set for initial issuance. E. . Fees for licenses, decals and badges shall be set by resolution of the City Council. 5-2-11: HORSEoRAWN VEHICLES: A. Routes: A horsedrawn vehicle applicant must adhere to the routes specified in the application for a license. A new or temporary route must be filed with the city clerk before an applicant may use such route. B. Removal Of Animal Waste: 1. All horses pulling horsedrawn vehicles shall be equipped with adequate devices to prevent manure and other excrement from falling on the streets of the city. 2. Any excrement which falls on the city streets shall be removed immediately at the applicant's expense. 3. All animal waste for disposal shall be transported to sites or facilities legally empowered to accept it for treatment or disposal. C. Animal Treatment And Health: 1. Treatment Of Animals: - -_._-_._-~~---_.--,------.._~._--_._._.,_._-----^---_.------.----.. Ordinance No. Page 6 a. Applicants shall assure adequate rest periods, feeding schedules, health and related animal performance and well being for each animal under the applicant's ownership, care or control. This responsibility shall include carriage load limits, hours of operation and daily hours of animal usage. b. The feeding of an animal drawing a vehicle for hire from a feedbag or bucket along any street or alley is permitted so long as the animal is not permitted to graze. c. No animal shall be left unattended while in service. 2. Health Certificate: a. For each animal that will be pulling a horsedrawn vehicle, the applicant shall provide to the city clerk a certificate of soundness, issued by a veterinarian licensed by the state, finding each animal to be free from infectious disease, in good health and fit for hack and carriage service under this chapter. b. After initial inspection, each animal shall be reinspected at intervals of no more than six (6) months, and a certificate of soundness shall be issued by a veterinarian and filed with the city clerk in order for each animal to remain in service. D. Equipment Requirements: 1. Every horsedrawn vehicle shall conform to such requirements as may be imposed by state law with respect to equipment. 2. Each vehicle shall be equipped with rubber tires. 5-2-12: AIRPORT SHUTTLES: Airport Shuttles are exempt from the lighted dome requirement found at Sections 5-2-8(B) of this Chapter. 5-2-13: REVOCATION OF LICENSES AND PERMITS: License and permits issued under this chapter may be revoked as provided in section 5-1-5 of this title. 5-2-14: VIOLATIONS: Any violation of this chapter shall be considered a simple misdemeanor or municipal infraction as provided for in Title 1, Chapter 4 of this Code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTiON IV. EFFECTIVE DATE. This Ordinance shall be in effect March 1, 2007. Passed and approved this _ day of ,2006. MAYOR ATTEST: CITY CLERK rz:?~ City Attorney's Office 1~/3 jDb EMD/ord/taxicabs.doc _"_"__'___"_'_'_'___'_'__"___'__~_'____"__'___~'__._._..._________._____.____m_.~...___...__ _ __ ___...__....._____._,___,._,_._._..___'_____~'_____.__._.____..~_____._.__~__. _.__......,______._.m.'.'.'_____'. City of Iowa City MEMORANDUM ~5;6 , TO: FROM: DATE: RE: Steve Atkins, City Manager Ron Knoche, City Engineer Rt October 4, 2006 North Dodge Street Improvements Project The North Dodge Street Project is a joint venture between the City of Iowa City and the Iowa Department of Transportation. The City designed the project and purchased the property. The laDOT is in charge of the construction administration and inspection. The City has been involved throughout the construction by attending the weekly construction meetings and inspecting the installation of the City utilities. The contract awarded to Metro Pavers, Inc. last spring is a working day contract. The contract allowed for 240 working days for the project. This is basically two construction seasons with perfect weather and no utility conflicts. Unfortunately, the weather has not been perfect and there have been a number of utility conflicts. There was also one change order which added 10 contract days to the project. As of Saturday, September 30'h, 193 working days have been charged. Therefore, Metro Pavers, Inc. still has 57 working days left on the contract. The project was broken down into three sections in the plans. The progress of each section is described below. Section 1 - Governor Street to DubUQue Road The work is complete in Section 1 with the exception of some minor landscaping. Section 2 - DubUQue Road to Scott Boulevard The pavement is complete in Section 2. The sidewalk and seeding will be completed this fall. The landscaping will not be complete until next spring. Section 3 - Scott Boulevard to ACT Circle This section is the primary focus of the contractor. There will be multiple stages occurring between now and the end of this construction season. Here are the critical dates. October 9th close ACT Circle and shift the traffic to the temporary entrance. October 14th finish the northbound pavement from Scott Boulevard to the 1-80 interchange. October 23rd switch the traffic to the new pavement. November 6 switch traffic to the reconstructed ACT Circle. November 20th complete the southbound pavement from Scott Boulevard to 1-80 interchange. The objective is to have the new four lane cross section open to traffic from Scott Boulevard to the 1-80 interchange by the end of this construction season. This would leave the work at the interchange to be done next year. If the weather does not permit the work to be completed this construction season, at a minimum, the contractor will have the northbound pavement and the ACT Circle intersection complete. This will allow for safe passage through the corridor and better access at ACT Circle. Tuesday, November 14, 2006 8:30-10:30 AM South Slope Cooperative Community Center 980 North Front Street North Liberty Re: Johnson County Board of Supervisors City Councils ofIowa City, Coralville, North Liberty, Solon, Hills, Oxford, Swisher, Shuey- vi lie, University Heights and Lone Tree School Boards ofIowa City, Clear Creek Amana, Solon and Lone Tree Districts Housing Summit Task Force Connie Benton-Wolfe and Jan Peterson, United Way of Johnson County Doug Elliott, ECICOG Andy Johnson, Housing Trust Fund of Johnson County Maggie Grosvenor Mowery, Change Management Coaching Steven Rackis, Iowa City Housing Authority Housing Summit To: From: Earlier this year members of our task force had an opportunity to attend several meetings to invite input from public officials about the idea of holding a regional summit to consider housing issues in Johnson County. In addition to these meetings, members of our task force met with the Local Homeless Coordinating Board, the Association of Realtors Fair Housing Ambassadors, the Chamber of Commerce Local Policy Committee, and the Domestic Violence Coalition. The Housing Summit has now been set as indicated above. An informational flyer is also attached. We have used the input received from the community to plan an event that we believe will be interesting and engaging and, most importantly, will provide a forum for community leaders from the public and private sec- tors to consider collaborative ways to address housing needs in Johnson County. The event is free and open to the public. Those interested in attending are asked to rsvp to htfjc@avalon.net. Information regarding current housing programs and organizations, as well as initiatives by other communities will be provided to participants in advance of the summit. We hope that you will consider attending this event and share the information about the summit with leaders in your organizations and communities. 0 ''''' C'"_" = 5~~: Cro a '" C) -., :!J I C' ~ f- f". f.n -0 ill Q* - ,--, ~ ",,- ,... '....-1 ~.,. - j;; " a ~ The Johnson County housing market is driven by the regional economy and many factors affect the cost and availability of housing. Tuesday, November 14, 2006 Employers, local governments, schools and private citizens all have a stake. ir1 sharinf!; information', identifying needs and cooperating on viable housing solutions. 8:30-10:30 AM~~ (";, , - - - . [~.J South Slope CooperaJive: ~'1 ~~ /." 980 North Front Street ;;> o N The program will include a keynote address, a panel of local experts and time for brainstorming and input on collaborative possibilities for Johnson County. North Liberty Founded in 1978 by David Packard of Hewlett-Packard, SVLG is a public policy trade association that represents more than 200 of Silicon Valley's most respected private sector employers. SVLG is organized to involve principal officers and senior managers in cooperative efforts with public officials to ad- dress major issues affecting the economic health and quality of life in Silicon Valley. These collaborative efforts have involved advocating for adequate af- fordable housing, comprehensive regional transportation, reliable energy, a quality K-12 and higher education system and prepared workforce, a sustain- able environment and business and tax policies that keep California and Sili- con Valley competitive. Guardino was recently named one of the "Five Most Powerful" people in Silicon Valley by the San Jose Mercury News "power study" which is only conducted every ten years. Mr. Guardino will share his experience in engaging public and private leaders in cooperative efforts to address community issues. Please RSVP to htfjC@avalon.net. Background information and discussion items will be emailed prior to the summit. Information will also be available at www.htfjc.org. I! I -~= -lilt ~~~!:'t -.:::..... "11\11'- .......~ CITY OF IOWA CITY MEMORANDUM UIJ Date: October 4, 2006 To: City Council and City Manager From: Wendy Ford, Economic Development Coordinator Re: TIF questions/answers The following information is intended to provide an overview of Iowa City's use of TIF. Of particular note are the values of increments (improvements) within TIF districts, the portion of each community's total value captured in TIF districts and how Iowa City compares with other Johnson County cities in its use of TIF. The three charts at the end of the report graphically illustrate key information from Table 1. 1. TIF USE IN JOHNSON COUNTY Base Values (before Values of Percent of Overall use POPUlation Value of increments) in increments in Total Value in T1Fed land in ofTlF in Jo (2000 Increments MuniclDalltv municipalities TIF districts municioality munlcioalitv Co census) oar caDita Coralville $627,728,258 $392,146,229 $1,019,874,487 38.45% 64.77% 15,123 $25,930.45 Iowa City $2,283,511,711 $77,784,899 $2,361,296,610 3.29% 12.85% 62,220 $1,250.16 Lone Tree $21,361,424 $6,429,650 $27,791,074 23.14% 1.06% 1,151 $5,586.14 Nortl1 Liberty $230,570,908 $88,489,273 $319,060,181 27.73% 14.62% 5,367 $16,487.66 Oxford $9,612,114 $7,473,786 $17,085,900 43.74% 1.23% 705 $10,601.11 Shueyville $15,581,396 $84,063 $15,665,459 0.54% 0.01% 250 $336.25 Solon $42,665,494 $6,623,039 $49,288,533 13.44% 1.09% 1,177 $5,627.05 Tiffin $20,279,550 $26,367,791 $46,647,341 56.53% 4.36% 975 $27,043.89 100.00% . source: Johnson County 1/1/2~05 taxable valuations for 2006/2007 tax levies 2. TIF IN IOWA CITY: RELATED PROPERTY VALUES, TAXES & TIF REBATES' TIF Base 2006 Change in Annual Annual Property taxes Property Project Values' Assessed Value Property Tax Property Tax collected - Taxes had Name (PreTIF) Value' assessment paid by Rebated to Protected debt there been (Increment) developer' developer3 levy' no increment UNFI $4,225,890 $12,947,600 $8,721,710 $494,932 $274,647 $220,286 $161,537 Alpla $1,059,830 $6,760,750 $5,700,920 $258,435 $179,522 $78,913 $40,513 Owens- Brockwav $30,010 $5,510,030 $5,480,020 $210,625 $172,566 $38,059 $1,147 Seabury & Smith $264,520 $5,922,890 $5,658,370 $226,407 $178,182 $48,225 $10,111 Plamor $959,150 $2,008,020 $1,048,870 $76,758 $33,029 $43,729 $36,664 Sycamore Mall $4,662,900 $14,610,400 $9,947,500 $558,494 $313,247 $245,247 $178,242 Pprwood Plaza $8,677,520 $11,773,880 $3,096,360 $450,066 $97,504 $352,562 $331,703 Plza Twrs $- $30,697,590 $30,697,590 $1,173,440 $966,667 $206,773 $- H-Square' $904,040 $904,040 $34,558 $34,558 $34,558 TOTAL $20,783,860 $91,135,200 $70,351,340 $3,483,716 $2,215,364 $1,268,352 $794,476 . Simplified: does not include <1 % commercial rollback, does not include partiai rebates. Additional notes follow on next page. October 4, 2006 Page 2 Additional notes on table 2: 1 source: Johnson County 1/1/2005 taxable valuations for 2006/2007 tax levies 2 $38.2258 per $1000 vaiuation = consolidated property tax rate 3$31.49 per $1000 valuation = TIF ievy 4 Protected debt levy is the difference between $38.2258 and $31.49 TIF levy 5 Hieronymus Square, Estimates: Taxable Increment: $25.4 M, Total Annual Property Tax $1.009 Million, Annual Rebate $802,848, Property Tax Coilected & Protected $206, 682. The first two columns of data in Table 2 show Base Values or Pre-TIF property values for Iowa City's TIF projects along with current assessed values. The 2006 assessed value, when compared to base values indicate that business on Iowa City properties assisted with TIF economic development grants have increased property values more than 350% to date. The right hand two columns show how TIF projects immediately generate more property taxes, even as the city rebates, abates or pays off bonds with TIF. As an example, United Natural Foods Inc. (UNFI) pays 100% of their property taxes. When (and if) they meet requirements set forth in TIF agreements, they are rebated taxes at a lower rate than they paid in, to protect the debt levy. See below: Example UNFI pays in $38.2256/$1000 on the entire assessed value $12,947,600/1000 x $38.5225 They are rebated* $31.49/$1000 on only the incremental increase in value $8,721,710/1000 x $31.49 A net difference in property taxes for all taxing jurisdictions of: $494,932 -$274,647 $220,286 $161,538 + $58,748 Total business-paid property taxes after receiving TIF rebate As compared to property taxes paid if there were no improvements: *if they meet all criteria in agreement TIF commitments to date: From the start of Iowa City's use of tax increment financing, the maximum commitment to TIF accounts is $35,305,059, including Hieronymus Square. To date, $8,348,694 has been dispersed. TIHln 4.4% Lone Tree Shueyvllle 1.1 0.01% The following are graphic illustrations ofTable 1: Overall Use of TIF In Johnson County October 4, 2006 Page 3 $450,000,000 Assessed Value of the Increment captured In TIF rP ~ $400,000,000 9J'l-' $350,000,000 $300,000,000 $250,000,000 $200,000,000 $150,000,000 ~., !It' "I ~ $- ",ro '\ !'>O) <:) , ~<:) ti $100,000,000 $50,000,000 .."t' ~ro ..v' ..rot' #~ .. Coralville North liberty Iowa City Tiffin Oxford Solon Lone Tree Shueyville Percent of Community Value In TIF districts 10.00% 56.53% 43.74% 38.45% ".. ""'.. 23.14% 13.44% 3.29% 0.54% 60.00% 50.00% 40,00% 30.00% 20.00% 0.00% Tiffin Oxford Coralville North Uberty LoneTree Solon Iowa City ShueyvUle I! 1 ~,.. - ...;;4... (~Wi!:~ -..:;.... ~IIDI' ....,.. .. CITY OF IOWA CITY MEMORANDUM m:J Date: October 4, 2006 From: Iowa City City Council Kent Ralston, JCCOG Assistant Transportation Planner J..- To: Re: Reassessment of the Lexington Avenue barricade traffic diversion In 2001 you directed that a barricade be installed on Lexington Avenue near the intersection with McLean Street. The barricade was erected after a majority of the neighborhood indicated they were in favor of utilizing this traffic calming measure in an attempt to reduce the number of recklessly operated vehicles on Lexington Avenue. Last spring persons in the Manville Heights neighborhood expressed their concerns that the placement of the barricade on Lexington Avenue was diverting traffic from Lexington Avenue onto the parallel streets of Lee Street, Magowan Avenue and Ferson Avenue. Our study conducted approximately one year after the barricade was installed did not show traffic diversion to be an issue. However, we agreed to update the traffic diversion study this fall. Traffic counts from September 2006 are similar to those collected in November 2001 after the barricade was installed. On the north half of Lexington Avenue there has been a 63% reduction in traffic volume - 232 vehicles per day (vpd) to 87 vpd, as well as a reduction in the 85th percentile speed from 25 mph to 19 mph. On the south half of Lexington Avenue there has been a 26% reduction in traffic volume - 268 vpd to 199 vpd, as well as a reduction in the 85th percentile speed from 30 mph to 28 mph. In terms of traffic being diverted to the adjacent neighborhood streets of Lee Street, Magowan Avenue, and Ferson Avenue, traffic data recorded in September 2006 compares to data recorded in September 2001 before the barricade was installed as follows. Lee Street . increase in traffic volume from 239 vpd to 252 vpd . increase in 85th percentile speed from 30 mph to 31 mph Magowan Avenue . increase in traffic volume from 391 vpd to 491 vpd . increase in 85th percentile speed from 27 mph to 32 mph Ferson Avenue . decrease in traffic volume from 1,461 vpd to 1,314 vpd . increase in 85th percentile speed from 27 mph to 33 mph Since 2001, relatively small increases in traffic volume have occurred on Lee Street and Magowan Avenue while the traffic volume on Ferson Avenue has decreased slightly. Both Lee Street and Magowan Avenue remain under the 500 vpd threshold that we find appropriate for local residential streets. The traffic volume on Ferson Avenue remains higher as it provides an access to the Ellis Avenue multi-family housing area. In addition, 85th percentile vehicle speeds on Lee, Magowan and Ferson are similar to other local residential streets in Iowa City. The Lexington Avenue traffic calming barricade is currently in place between April and November and is removed during the winter months. Please let me know if there is any change desired to this policy. cc: Steve Atkins Karin Franklin Jeff Davidson Anissa Williams Marcia Klingaman Rick Fosse Ron Knoche Rhys Jones, Lexington Ave. jccogtp/memosILexington_barricade.doc City of Iowa City [;:] DATE: September 28, 2006 MEMORANDUM e.rftJA1 TO: Steve Atkins, City Manager FROM: Ron Knoche, Public Works Department I Engineering k 2006 Curb Ramp Project RE: Proiect Update The project plans for the 2006 Curb Ramp Project include the installation of 31 new curb ramps throughout the City. Ramp locations this year are generally located in the Central and Northeast Districts of the City. The following is a list of intersections which are scheduled for major curb ramp reconstruction for this project: Muscatine Avenue and Washington Street Court Street and yth Avenue Court Street and Morningside Drive Court Street and Kenwood Avenue Kenwood Avenue and Raven Street Since the 2006 Curb Ramp project costs were estimated at less then $50,000, the procedure for project bid letting for this project was informal. Following a solicitation of bids from various Contractors, the City received two construction bids for the project: Endeavor Construction Methods All American Concrete, Inc. $ 49,603.40 $ 50,532.40 The 2006 project was awarded to Endeavor Construction Methods on August 31,2006. Endeavor Construction Methods is currently working on this project, with scheduled completion in early October 2007. City of Iowa City UIiJ DATE: September 28, 2006 MEMORANDUM / U' tnf1 trY tJ-~ TO: Steve Atkins, City Manager FROM: Ron Knoche, Public Works Department I Engineering k Lower West Branch Road - Scott Boulevard to Taft Avenue Improvemet Project RE: Proiect Update Preliminary design and acquisition plats for the Lower West Branch Road - Scott Boulevard to Taft Avenue Improvement project are complete. Property acquisition for this project will consist of: . Temporary Construction Easements - Required to complete site grading and driveway tie-ins beyond right-of-way - Easements will be required only during construction and will be removed upon completion of work. . Permanent Storm Sewer and Drainage Easements - Required at the outlet of culvert and storm sewer pipes, that project beyond the right-of-way, to provide City with permanent access to the property for maintenance purposes. Since agricultural zoned land lies within the project corridor, a public hearing for the project was held on September 5, 2006 to provide concurrence with regulations for the possibility of condemnation proceedings. At the public hearing, no opposition or comment was given from residents living along the project corridor and City Council approved a resolution allowing the City to begin negotiations to acquire property for the project. Following the public hearing, acquisition plats were submitted to the City Attorney's Office (CAO) for their use with property acquisitions. Prior to beginning property appraisals, the Consultant and City Engineering Division have been meeting with property owners on an individual basis mainly to provide property owners with more specific project information as to work being done on or near their property. As a follow up to the pre-design meeting held on April 27, 2006, the meetings are being held with property owners whom we specifically need to acquire easement from. This setting also gives the Consultant and City Staff an opportunity to discuss concerns property owners may have with construction disturbance and also to provide general project schedule information. Concerns received from property owners regarding items that may effect appraisal values (ie. tree and fence removal) are being conveyed to the CAO for their use. Current project schedule.. January 2007: Completion of Final Plans February 2007: Advertise for Bids March 2007: Project Bid Letting I! ! -....= -~ !~w~'t ~... _11II1'- ~~ CITY OF IOWA CITY~ MEMORANDUM October 2, 2006 To: Steve Atkins, City Manager From: Joe Fowler, Director Parking & Transit ~ Ron Logsden, Transit Manager P1- Reference: Expanded Transit Service The Iowa City City Council authorized expanding transit service to the previously unserved areas on the east and west sides of Iowa City. Two routes, one serving east Iowa City, downtown, and University Hospital and one serving west Iowa City, University Hospital, and Chatham Oaks, began service August 14, 2006. ~/~ ~ The east side/hospital route started slower averaging 110 riders per day the first week. This route has continued to show a slow increase as residents become familiar with the service. The week of September 18 the route averaged 139 riders per day. The west side/Chatham Oaks route started with higher ridership averaging 148 riders per day the first week. Since that time ridership on the west side residential portion of the route has declined. The week of September 18 this portion averaged 80 riders per day down from 99 the week of August 14. The Chatham Oaks portion of the route continues to have steady ridership averaging 36 riders per day. We will continue to monitor the trends on these routes and provide updates. Changes to the present routes may be proposed as rider trends develop. I = j ~~~~'t ~- -....;t't.- ....... ~ :::ITY OF IOWA CiTY www.icgov.org I][J September 29, 2006 THIS LETTER AND APPLlCA TION SENT TO FY07 RECIPIENTS. SEE ATTACHED. OFFICE OF THE CITY MANAGER NAME ADDRESS CITY, STATE ZIP Stephen J. Atkins City Manager steve-atkins@iowa-city.org Ollie E. Helling Assistant City Manager ::a..ale-helling@iowa-city.org Dear Attached you will find an application for Community Event and Program Funding for FY08. Please complete the application a.nd return it to the City Manager's office on or before November 1, 2006. If you have any questions, please feel free to contact Kathi Johansen at 319 356-5010. Sincerely yours, Stephen J. Atkins City Manager Ii;; j.,~, Enclosure cc: City Council ".1 410 E. Washington Street Iowa City, fA 52240 Phone; (319)356-5010 Fax; (319) 356-5009 APPLICATION FOR COMMUNITY EVENT AND PROGRAM FUNDING FY2008 (July 1, 2007 - June 30, 2008) I ~ I ~~=_.... ,t~W!::~ "'-~ _..~ ___ ill CITY OF IOWA CITY Name of event/program: Date(s) of event/program: Did you receive funding from the City for this event/program last year? Yes 0 Noo If yes, how much. July 2006 (FY07) $ Amount requested from City of Iowa City. July 2007 (FYOB) $ Location of event/program: Name of organization: Contact person: Day Phone: Mailing address: Street City Zip Estimated number of individuals expected to attend: , Describe the event/program and all activities that will occur: How does this program/event benefit the Iowa City area? If this Is an increase or decrease from previous City funding, please Indicate why: Estimated Major Expenses Description Amount $ $ $ $ $ Total Budget for Event/Program $ List Proposed Revenue Sources Description' Requested Amount Requested City Funding $ $ $ $ $ Total Funding for Program $ 'List public and private organizations, sale of items, etc. This application must be filled out completely. If more space is necessary an additional page may be submitted. Applications must be received on or before November 1, 2006, to be considered for FY08 funding. Please submit to: Stephen Atkins, City Manager City Hall 410 E. Washington Street Iowa City, IA 52240 Applicants will be notified of the Council meeting when funding allocation discussion will occur. Call the City Manager's Office at 356-5010 if you have questions. __________~...__..__." _._____._._.~... ..__~__.._.. ,"_,,_~~__,_,_,__u_,___,"_,,_'_'~____'_'____~_'__"'_"._,"__~_"._._._________k___" __...__ on ..__._....u__~___.._.._____ __., "_.___'__ FY2007 Community Events and Program Funding Recipients ADA Celebration 2006 Conner Center Karen Kubby/Keith Ruff 730 S. Dubuque Street Iowa City, IA 52240 Convention and Visitors Bureau Josh Schaumberger 900 15t Avenue Coralville, IA 52241 4th of July Fireworks Festival Iowa City/Coralville Jaycees Elizabeth Saunders 325 E. Washington Street Iowa City, IA 52240 Johnson County Historical Society Margaret Wieting PO Box 5081 Coralville, IA 52241 Ralston Creek Fair and Flea Market (Extend the Dream Foundation/Uptown Bills Small Mall) Thomas Walz 401 S. Gilbert Street Iowa City, IA 52240 Riverside Theatre Shakespeare Festival Sara O'Leary 213 N. Gilbert Street Iowa City, IA 52245 Senior Center New Horizons Band Nancy Wombacher 3644 Elgin Drive Iowa City, IA 52245 Summer of the Arts Katie Roche, Executive Director PO Box 3128 Iowa City, IA 52244 Juvenile Justice Youth Development Program Participants: Johnson County Board of Supervisors Johnson County Attorney's Office Sixth Judicial District Juvenile Court Office Iowa City School District Johnson County Decategorization Project Youth Homes, a division of Four Oaks MECCA United Action for Youth Neighborhood Centers of Johnson County Big Brothers Big Sisters Domestic Violence Intervention Program Mayor's Youth Employment Program J][] JOHNSON COUNTY JUVENILE JUSTICE YOUTH DEVELOPMENT PROGRAM 410 Iowa Avenue Iowa City, IA 52240 (319) 338-9279 September 30, 2006 Steve Atkins City Manager City ofIowa City 410 E. Washington St. Iowa City, IA 52240 cor1J / if"'" JY ~ Dear Steve: This is to thank the City ofIowa City for supporting the Johnson County Juvenile Justice Program for the past II years. The city's annual contribution of $2,500, added to state and county funds, has enabled the program to provide support and activities for about 2,000 children and family members each year. The city also has been generous in allowing us to purchase services for low- income youths at a discount. This summer the program spent $3,454 for swim passes and $1,325 for bus passes for Iowa City youths. In addition, the Iowa City Community School District used program funds to purchase Iowa City bus passes for district students. Various levels of government and social service agencies, working together, can make a difference. Thank you. Iltt~ Marlene J. Perrin IP14 ~ . ..(.A- / lOW A CITY POLICE DEPARTMENT UJ'lf'" 1;11 USE OF FORCE REPORT August 2006 OFFICER DATE INC# INCIDENT FORCE USED 13 083106 43223 Sick Raccoon Officer used sidearm to dispatch a sick raccoon. 44 083006 43011 Fight in Progress Officer responded to a report of a fight in progress involving weapons. Suspect resisted being searched for weapons. Officer used control techniques to complete the search. 13 082706 42362 Arrest Warrant Subject was placed under arrest and resisted handcuffing efforts. Officers used control techniques to place the subject in handcuffs. 19 082706 42362 Out with Subject Subject was placed under arrest and resisted handcuffing efforts. Officer used control techniques to place the subject in handcuffs. 31 082706 42265 Armed Subject Officer drew sidearm when confronting a subject that was reported to be armed with a handgun. The subject was taken into custody without incident. 09 082706 42258 Attempt to Locate Subject was placed under arrest and resisted handcuffing efforts. Officer used control techniques to place the subject in handcuffs. 18,58,09 082706 42233 Theft Subject attempted to assault an Officer after being placed under arrest. Officer used active counter measures and exposed the subject to a chemical irritant to deter the assault and effect the arrest. 38 082606 38 Suicide Attempt Officer used control techniques to take a subject into custody who was attempting to harm themselves. 35,47 082506 41976 PAULA Subject attempted to run from Officers on foot. Officers used control techniques to prevent the subject from running and take them into custody. 52 082106 40964 Public Intoxication Subject assaulted an Officer. Officer used control techniques to prevent further assaults. 59,60,31,58 082006 40548 Disturbance Subject was placed under arrest and resisted handcuffing efforts. Officer used control teclmiques and exposed the subject to a chemical irritant to place the subject in handcuffs. 19 081906 40438 Out with Subject Subject was placed under arrest and resisted handcuffmg efforts. Officer used control techniques to place the subject in handcuffs. 19 081806 40111/40117 Warrant Service Subject was attempting to destroy evidence. Officer used control techniques to prevent this. 95 081706 39818 Disorderly Conduct Officer used control techniques to take a subject into custody who had just been involved in a physical altercation and was attempting to leave. 95,81 081706 39818 Disorderly Conduct Officer used control techniques to apprehend a subject who had just assaulted another and place them in handcuffs. 55,59 081206 45825 Traffic Stop Subject was placed under arrest and handcuffed but refused to sit in a squad car to be transported. Officers used control techniques to escort the subject in the car but were assaulted. Officers then used active countermeasures and control techniques to escort the subject into the car. 30 081006 38734 Traffic Stop Subject refused to yield to an emergency vehicle when being stopped for a speeding violation. Officer followed subject and arrested them without incident when they pulled over. 27 080406 37604 Intoxicated Driver Subject was placed under arrest and handcuffed. Subject refused to sit in a squad car to be transported. Officer used control techniques to escort the subject into the car. -~--_._._------_._-----------~--_.- 58 56 080406 080106 37604 37127 Intoxicated Driver Assault Investigation Subject was placed under arrest and handcuffed. Subject refused to walk to squad car and into the Police Station. Officers used control techniques to escort the subject when needed. Subject was placed under arrest and resisted handcuffing efforts. Officer used control techoiques to place the subject in handcuffs. ryJY X'0' D J OC J"fJ n \ , ~ \>f.\.'" ~iY1 / ~ .,............-.~ (. \ \.i BUILDING PERMIT INFORMATION September 2006 KEY FOR ABBREVIATIONS . Type of Improvement: ADD - Addition ALT - Alteration REP - Repair FND - Foundation Only NEW - New OTH - Other type of construction Type of Use: RSF - Residential Single Family RDF - Residential Duplex RMF - Three or more residential RAe - Residential Accessory Building MIX - Mixed NON - Non-residential OTH - Other Page: 2 City ofIowa City Date : 10/212006 Extraction of Building Permit Data for To: 9/112006 Census Bureau Report From: 9/3 012006 ~ ~ Permit Number Name Address Imor Use Stories Units Valuation BLD06-00668 PROCTER & GAMBLE HAIR 2200 LOWER MUSCA TINE ADD NON $30,000 DOCK ADDITION BLD06-00731 lOW A CITY CMNTY SCH DI~ 1930 LAKESIDE DR ADD NON $25,000 PORTABLE CLASSROOM FOR ELEMENTARY SCHOOL Total ADDINON permits: 2 Total Valuation : $55,000 BLD06-00709 ANNA BUSS 525 W BENTON ST ADD RDF 2 $3,000 DECK ADDITION FOR RDF UNIT Total ADDIRDF permits: I Total Valuation : $3,000 BLD06-0058I WANDA CROMBIE 1625 SOMERSET LN ADD RMF $19,109 3 SEASON PORCH ON EXISTING DECK OPD-5 ZONE Total ADDIRMF permits: 1 Total Valuation : $19,109 BLD06-00622 MIKE & JONI BOSCH 852 PEPPER DR ADD RSF $45,000 KITCHENIDININGISCREEN PORCH ADDITION FOR SFD BLD06-00659 KENDALL & ALICE ATKINS' 219 LEE ST ADD RSF $35,800 ADDITION FOR SFD 3 SEASON ROOM BLD06-0060 I RICHARD BRAVERMAN 1005 RIVER ST ADD RSF $20,000 SCREEN PORCH ADDITION FOR SFD BLD06-00703 EDWARD & RUTH KINTZ 1309 BROOKWOOD DR ADD RSF 2 $17,967 3 SEASON PORCH ADDITION FOR SFD BLD06-00663 JOHN & NANCY CAHILL 78 DONEGAL PL ADD RSF 2 $12,500 SCREEN PORCH ADDITION FOR SFD BLD06-00720 TRACY L DABY 1911 H ST ADD RSF $7,220 DECK ADDITION FOR SFD BLD06-00708 JEAN HASLER 1220 GUlLDFORD CT ADD RSF $6,403 3 SEASON ADDITION FOR SFD BLD06-00689 MARIA CONZEMIUS 2833 STERLING DR ADD RSF $5,000 DECK ADDITION FOR SFD BLD06-00723 HARRY ALDERMAN 2105 CALIFORNIA AVE ADD RSF 2 $4,500 FOUNDATION FOR FUTURE ADDITION BLD06-00702 DIANE DVORAK 56 QUAIL VALLEY CT ADD RSF 2 $3,414 DECK ADDITION FOR SFD BLD06-00683 JOHN CUNNINGHAM 720 WALNUT ST ADD RSF 2 0 $1,891 DECK ADDITION FOR SFD BLD06-00686 CRAIG & TARA HARRIS 1332 BURNS AVE ADD RSF 2 $1,500 DECK ADDITION FOR SFD BLD06-00653 SHIRLEY LEKIN 938 E JEFFERSON ST ADD RSF $1,000 DECK ADDITION FOR SFD Total ADDIRSF permits: 13 Total Valuation : $162,195 Page: Date : To: From: 3 10/2/2006 9/1 /2006 9/30/2006 City ofIowa City Extraction of Building Permit Data for Census Bureau Report Permit Number Address Name ~ Imor BLD06-00718 PROCTER & GAMBLE HAIR 2200 LOWER MUSCA TINE AL T MOVE JOB TRAILERS TO DIFFERENT SITE LOCA nON BLD06-00684 STEINDLER ORTHOPEDIC C 2751 NORTHGA TE DR AL T FLUOROSCOPIC SUITE AL TERA nON BLD06-00700 QWEST 302 S LINN ST AL T REMOVE WALLS ON LOWER LEVEL OF TELEPHONE EQUIPMENT BUILDING BLD06-00710 BO-JAMES 118 E WASHINGTON ST AL T ADDITIONAL WOMAN'S RESTROOM FOR RESTAURANT CALCULATE OCCUPANT LOAD BLD06-00707 ACE HARDWARE 600 N DODGE ST AL T FLOWER SHOP WITHIN HARDWARE STORE BLD06-00673 PLAZA CENTRE ASSOCIATE 125 S DUBUQUE ST AL T ADD RESTROOM FIXTURES FOR BARlREST AURANT ~ Use Valuation Units Stories NON $200,000 NON o $109,000 NON $54,836 2 NON 2 $10,000 NON $8,034 NON 12 $5,000 3 Total AL T/NON permits: 6 Total Valuation : $386,870 BLD06-00688 EASTSIDE INVESTORS LLC 59 MONTGOMERY PL BASEMENT FINISH OF RMF UNIT OPD-5 ZONE BLD06-00694 VERONICA A KREHLIK 1350 OXFORD PL BASEMENT FINISH FOR RMF UNIT OPD-5 ZONE ALT ALT RMF $23,834 RMF 2 4 $23,420 Total ALT/RMF permits: 2 $47,254 Total Valuation : BLD06-00728 TRACY DABY 316 DARTMOUTH ST FOUNDATION FOR EXISTING ADDITION BLD06-00629 ROXANNE Y WALDER 1027 WEEBER ST CONVERT SCREEN PORCH TO 3 SEASON FOR SFD BLD06-00701 PAUL & SANDRA SHOW 2806 EASTWOOD DR CONVERT SCREEN PORCH TO 3 SEASON PORCH FOR SFD BLD06-00627 JOHN A & MARY JO WATSO 1105 BARRINGTON RD CONVERT SCREEN PORCH TO 3 SEASON PORCH FOR SFD BLD06-00630 MICHAEL EARLES 32 GLEASON DR BEDROOM EGRESS WINDOWS BLD06-00715 MIKE MEYER 825 WALNUT ST EGRESS WINDOW IN BASEMENT OF SFD ALT ALT ALT ALT ALT ALT RSF 2 $14,600 RSF $10,953 RSF 2 $8,658 RSF $6,925 RSF $2,987 RSF 2 $1,200 $45,323 Total AL TIRSF permits: 6 Total Valuation: $2,052,831 BLD06-00590 UROLOGIC PROPERTIES LLl 2943 NORTHGATE DR NEW NON MEDICAL CLINIC AND OFFICES BLD06-00632 PIP PRINTING 2650 MORMON TREK BL V NEW NON COMMERCIAL BUILDING WITH PRINTING PLANT AND 2 TENANT SHELL SPACES $1,583,716 $3,636,547 Total NEW/NON permits: 2 Total Valuation : Page: 4 City ofIowa City Date : 10/2/2006 Extraction of Building Permit Data for To: 9/1/2006 Census Bureau Report From: 9/30/2006 ~ ~ Permit Number Name Address Ironr Use Stories Units Valuation BLD06-00716 RITA SOTELO-HENRY & BR 1303 KIRKWOOD AVE NEW RAC I $41,442 DETACHED GARAGE/SHOP/OFFICE FOR SFD REMODEL HOUSE WITH WINDOWS, SIDING, NEW SERVICE, AC, TUB BLD06-00685 BARB GARTNER 1211 ROCHESTER AVE NEW RAC 2 $40,000 CARRIAGE HOUSE ADDITION FOR SFD BLD06-00742 JEFFREY J & REGINA A RUP 245 AMHURST ST NEW RAC $10,000 DETACHED GARAGE ADDITION FOR SFD Total NEW/RAe permi..: 3 Total Valuation : $91,442 BLD06-00670 ARLINGTON DEVELOPMEN 301 TAFT AVE NEW RMF 3 12 $986,905 12 PLEX APARTMENT BUILDING 301-03-05-07-09-II-13-15-17-19-21-23 TAFT AVE BLD06-00693 MIDWEST HOME BUILDERS 361 I MIDDLEBURY RD NEW RMF 2 4 $598,502 4 UNIT TOWNHOUSES WITH ATTACHED 2 CAR GARAGES OPD-8 ZONE 3611-3613-3615-3617 MIDDLEBURY ROAD Total NEW/RMF permits: 2 Total Valuation : $1,585,407 BLD06-00722 MOLINA CONSTRUCTION Il' 3446 KILLARNEY RD NEW RSF 2 $380,000 SFD WITH ATTACHED 3 CAR GARAGE BLD06-00661 KLOSTERMAN CONSTRUCT 1131 MEADOWLARK DR NEW RSF 2 $350,000 SFD WITH ATTACHED 3 CAR GARAGE OPD-5 ZONE BLD06-00665 TERRY & VICKI PROTEXTO 1007 TAMARACK TRL NEW RSF $350,000 SFD WITH ATTACHED 3 CAR GARAGE OPD-5 ZONE BLD06-00529 LIGHTHOUSE HOMES LLC 48 HICKORY HEIGHTS LN NEW RSF 2 $3 I 5,000 SFD WITH ATTACHED 3 CAR GARAGE BLD06-00698 H & H HOMEBUlLDERS, INe 905 MEADOWLARK NEW RSF 2 $295,000 SFD WITH A TT ACHED 3 CAR GARAGE OPD-5 ZONE BLD06-00695 KEVIN KIDWELL 91 I HONEYSUCKLE NEW RSF $235,000 SFD WITH ATTACHED 3 CAR GARAGE BLD06-00695 KEVIN KIDWELL 9II HONEYSUCKLE NEW RSF $235,000 SFD WITH ATTACHED 3 CAR GARAGE BLD06-00699 JASON LEE 34II KILLARNEY RD NEW RSF 2 $23 I ,000 SFD WITH ATTACHED 2 CAR GARAGE BLD06-00732 KW DESIGNS LLC 44 I 8 TEMPE PL NEW RSF 2 $193,305 SFD WITH ATTACHED 3 CAR GARAGE BLD06-00705 HOMEBUILDER ASSOC. OF I 321 WESTBURY CT NEW RSF $175,995 ZERO LOT LINE SFD OPD-8 ZONE BLD06-00750 ARLINGTON DEVELOPMEN 60 EVERSULL LN NEW RSF $164,486 SFD WITH ATTACHED 2 CAR GARAGE BLD06-00750 ARLINGTON DEVELOPMEN 60 EVERSULL LN NEW RSF $ I 64,486 SFD WITH ATTACHED 2 CAR GARAGE Total NEW/RSF permits: I2 Total Valuation : $3,089,272 Page: 5 Date: 10/212006 To: 9/1/2006 From: 9/30/2006 City ofIowa City Extraction of Building Permit Data for Census Bureau Report Permit Number Name Address BLD06-00713 JOYE ASHTON MCKUSICK 805 NORMANDY DR 70' OF FENCE FOR SFD ~ ~ ImDr Use Stories OTH RSF 2 Units ] Valuation $1,000 TotalOTH/RSF permits: ] Total Valuau... : $],000 BLD06-006]7 CITY OF IOWA CITY 220 S GILBERT ST EXTERIOR GLAZING AND PANEL REPLACEMENT BLD06-00747 JOHNSON COUNTY 417 S CLINTON ST REROOF COURTHOUSE WITH SLATE BLD06-00712 BANK OF THE WEST 301 S CLINTON ST REROOF COMMERCIAL BANK BUILDING BLD06-00711 PEDIATRIC ASSOCIATES 605 E JEFFERSON ST REROOF COMMERCIAL MEDICAL BUILDING Total REP/NON permits: 4 BLD06-00333 JOHN A BAKER 30 S GOVERNOR ST REBUILD ROOF ON NORTH HOUSE ADDITION DUE TO STORM DAMAGE ALSO ADDRESSED 908 E WASHINGTON ST. BLD06-00677 APARTMENTS BY JUETTE 106 S DODGE ST REROOF RMF IN HISTORIC DISTRICT BLD06-00676 APARTMENTS BY JUETTE 108 S DODGE ST REROOF RMF IN HISTORIC DISTRICT BLD06-0068] MARY LOVETINSKY 522 E COLLEGE ST Window Replacement Total REPIRMF pe rmits : 4 REP NON REP NON REP NON 2 REP NON 2 Total Valuau... : REP RMF 0 REP RMF 3 REP RMF 3 REP RMF 2 Total Valuation: $654,960 $382,000 $28,599 $3,500 $1,069,059 0 $23,900 12 $8,000 ]2 $6,000 0 $1,200 $39,]00 12 $100,000 $100,000 $80,000 $44,000 $2,724 $1,525 $328,249 BLD06-00678 WANG PACHOW 821 IOWA AVE REP RSF 2 RESHINGLE, GARAGE, WINDOWS, REPAIR SIDING, REBUILD SCREEN PORCH, REBUILD CHIMNEY BLD06-00704 DAVID WEISS 410 N 7TH AVE REP RSF 2 REPAIR FROM TORNADO-RESIDE, REFRAME FROM SECOND FLOOR DECK UP, ADD ADDITIONAL AREA OVER GARAGE BLD06-00725 GEORGE & JANIS RUSSELL 1107 ROCHESTER AVE REP RSF 2 REFRAME 2ND FLOOR AND ROOF, REPAIR EXTERIOR BLD06-00729 HASAN HICSASMAZ 465 N 7TH AVE REP RSF 2 REPLACE DECK AND SCREENED PORCH LOST IN STORM BLD06-00719 HEATHER SHANK 728 GRANT ST REP RSF WINDOW REPLACEMENT FOR SFD BLD06-00635 RAE JEAN LANTZ 748 DEARBORN ST REP RSF NEW OUTDOOR STEPS Total REPIRSF permits: 6 Total ValuauOll : GRAND TOTALS: PERMITS: 65 VALUATION: $] 0,558,8271 .___~_,___""___~_~_,___"__,__,_,,_'__~____"'__"_'_'_~'_.____.____~__...._~.._.__.__._____.______.._.._____~._~__'u__.____ rni: For Immediate Release October 3, 2006 Contact: Susan Mims Phone Number: 354-7655 (Day) 351-4216 (Evening) Email: susan.mims@heartlandinv.com Iowa City, Iowa October 3, 2006 Community Meeting to Address Underage and Excessive Drinking The recommendations of a local community panel of concerned citizens regarding underage and excessive drinking will be released at a press conference at 11 :00 a.m. on October 9th in the Remboldt Conference room, at the Center for Disabilities & Development on the University of Iowa campus. Kirk Ferentz and Donna Katen- Bahensky will host the press conference, along with other members of the community panel, including Reverend Mark Martin, Janet Lyness, Mike Beck, Sally Stutsman, Charlie Funk, Susan Mims, Lane Plugge, and Danielle Malatek. In September of2004, concerned citizens who live and work in the Iowa City area formed the Alcohol Awareness Working Group (AA WG). The mission of this group is to provide coordination among community members who are committed to reducing the harm caused by underage and excessive alcohol consumption. In the fall of 2005, AA WG formed a task force of community leaders to examine these issues and to recommend a course of action that could garner widespread community support. These recommendations will be presented at this meeting. Underage and excessive drinking is an important community concern. Data indicate that the University ofIowa binge drinking rate is 69%, compared to the average U.S. college binge drinking rate of 46% (CAS). The number of Johnson County II th graders that binged in the last month was 27% (2002 Iowa Youth Survey - Johnson County). High risk drinking affects the health and future of all young people. What: Press Conference to release recommendations for strategies to decrease underage and excessive drinking in the Iowa City/Coralville area When: October 9,2006, II :00 a.m. Where: Center for Disabilities & Development Who: Local concerned citizens including: Kirk Ferentz, Donna Katen-Bahensky, Reverend Mark Martin, Janet Lyness, Mike Beck, Sally Stutsman, Charlie Funk, Susan Mims, Lane Plugge, and Danielle Malatek. e Iowa applicants shut out of latest hazard grants By Cindy Hadish The Gazette CEDAR RAPIDS - Re- locating to a hotel for three weeks v,las worth the trouhle for Jason and Mandi Mmii!' when the outcome was a ll?rtd-free home. Their southwest Cedar Rapids house was built in 1888 and had lavers of iead- based paint, a hazard not only to them, imt to their 6-year-old dal1ghtc~f, Tayia, and young visitors. "The windows wr-;re chipping," Mandi Martin said. "The ceiUw.! in the bathroom \\'3::: cr~acked." The Mart iw and hun- dreds of other Iowans have benefited from federal grants that PHY for remov- ing lead haz3rds, but the state still has a long battle ahead. Despite haYing (jrW of the country's highest per- centages of iead-poisoned chiidren and older homes, Iowa was shut Qut when the federal government awarded $118 million in h'Tants in late Septernber. Applications by Water- loo, Dubuque, Davenport and Polk County were de- nied. Grants went to 63 state and local projects, in- cluding ones in neighboring Illinois, Minnesota, Mis- souri and Nebraska. The news presents a set- back for state and local at' ficials hoping to reduce the number of lead-poisoned children in Iowa from 12,041 to none in the next four years. "It is disappointing," said Rita Gergely, chief of the Bureau of Lead Poison- ing Prevention in the Iowa Department of Public Health. Iowa's rate of lead-poi- soned children has slowly dropped over the years to 9.,1 percent, Gergely said. The national average is PUBLIC HEALTH Submitted by Council Member Vanderhoef e ea ou Lead/C.R. aims to make 165 homes lead-safe 1.6 percent. "We have a long way to go to get to that," she said. Nearly 40 percent of Iowa's housing stock, or 483,849 units, was built be- tore 1950, compared with the national average of about 22 percent. Homes built before 1950 are a concern because most have lead-based paint, banned from residential use in 1978. Lead, a highly toxic met- al, is especially harmful to developing brains and nerv- ous systems of children younger than 6. At high levels, children can suffer severe bram damage or even death. A recent study shows even low levels, considered safe, may increase the risk of attention deficit hyperac- tivity disorder. Brian Sullivan, spokesman for the U.S. De- partment of Housing and Urban Development, said the old image of children putting lead paint chips in their mouths teils only part of the story_ "Dust is the culprit here, not chips," Sullivan said, noting that the pri- mary pathway into children is invisible, tasteless, odor- less paint dust, maiuly from windowsills. Sullivan said he didn't know why the Iowa appli- cations for HUD funding failed. Local ollicials can learn the reasons, but HUD docs not provide the infonnation to the media. he said. In generaL the jurisdic- tion has to demonstrate a need, experience at achieving results and a workable plan. Sullivan said the grant is highly competitive, with 160 applications filed this year. Officials in Waterloo and Dubuque echoed Gergely's disappointment. Both have grants that end in March, and they had hoped to extend the funding. In Waterloo, 96 homes were made lead-safe with the grant. In Dubuque, each project receives $6,000, a more cost- effective way to maintain af- fordable housing than tearing down and rebuilding homes. Among efforts to increase awareness, Gergely said, Iowa is strictly enforcing a 1999 law requiring contractors to notify occnpants about the possible presence of lead- based paint before renovat- ing, remodeling or repainting housing built before 1978. Last year, 29 contractors were penalized $8,790, with amounts ranging from $40 to $2,650_ None were in Linn or Johnson counties. Cedar Rapids and Marshall- town received HUD lead haz- ard grants last year. Ralph Wilmoth, director of Johnson County Public Health, said lead problems are not as prevalent in Iowa City, where college students occupy many older homes. Ann Olson, lead program coordinator at Linn County Pubhc Health, said the city's $2.6 million grant, finishing the first of three years in No- vember, had 16 units complet- ed at the end of June, with the goal of making 165 hous- ing units lead-safe. For the Martins, $21,000 worth of work was completed including new windows, painf removal and repainting of some areas, landscaping around the home because of soil contamination and more. Without the grant, the cou- ple would not have been able to afford the work. Mandi Martin, 25, is a day- care assistant. Jason, 26, works in customer service at Toyota Financial Services. "I feel safer," Mandi said. "It's kind of a hassle, but the (outcome) is wonderful." . Contact the writer: (319) 398-8428 or cindy.hadish@gazettecommunications.com Safety concerns . To have your child's blood tested for lead pOisoning, contact your county health department. . Cedar Rapids residents can apply for a lead hazard control grant by calling Cedar Rapids Housing Services at (319) 286- 5872. The grant targets low- income homes with children under age 6. Lead poisoning ......."" All""''> Pre-1950 housing unIts -------- Predicted lead-poisoned children UQI I 3.095 78 59 6,780 50 i~ 64 ,,;;,il- ;:""""~ ~Q !..861 118 96 ",-;t""'" l~;""'"' Source: 2QOOCensus, Iowa Department of Public Health Childhood Lead Poisoning PrevenllonProgram Gazette graphic MINUTES lOW A CITY HUMAN RIGHTS COMMISSION TUESDAY, September 26, 2006 LOBBY CONFERENCE ROOM, CITY HALL PRELIMINARY 0;: Members Present: Lisa Beckmann, Bev Witwer, Sara Baird, Paul Retish, Scott King, Martha lubaroff. Members Absent: Kate Karacay, GeoffWiIming, Sehee Foss. Staff Present: Stefanie Bowers. Others Present: Garry Klein Call to Order Beckmann called the meeting to order at 7:02 p.m. Consideration of the Minutes of the August 22, 2006 meeting Error noted on calendar was corrected. MOTION: King moved to accept the minutes as submitted, and Witwer seconded. The motion passed on a vote of 6-0. Recommendations to Council There was no discussion. Who Are the Homeless Garry Klein, representing the Shelter House Board of Directors and also the FAIR Program, discussed the Commission co-sponsoring a series of programs being presented to the community in the month of November that address the issue ofhomelessness in the Johnson County area. MOTION: Retish moved to co-sponsor the programs and Baird seconded. The motion passed on a vote of 6-0. One Iowa Education Fund One Iowa Education Fund's goal is to educate the public on GLBT issues they are looking for co-sponsors of programs being held throughout Iowa. MOTION: Witwer moved to co-sponsor the Fund and Beckmann seconded. The motion passed on a vote of 6-0. Handouts for International Non-Native Sneakers Bowers will send a cover letter along with a draft copy of the brochure to Dr. Plugge and Marian Coleman by the November meeting. Building Blocks to Emplovment Retish reported the job fair would offer more to participants by way of Kirkwood Community College participating this year. Also the various different types of services that will be offered should enhance the event for the community. Film Series-Crimes of Hate Bowers will contact the police department and the county attorney office to gain additional speakers for the panel discussion following the movie. Mal2:nets Bowers is still waiting on the magnets to arrive from the company. Relational Al!l!ression Witwer will contact Jane Balvanz and Blair Wagner to get an update on the upcoming presentation. Inclusive Communities Bowers will meet with Amy Correia in the near future to discuss the goals the Commission as it relates to this program. Read Cases Commissioners read one case in which no probable cause was found. Reoorts of Conunissioners Lubaroff mentioned her delight in the City/West game being scheduled on Thursday this year and not over Rosh Hashanah like in prior years, however, she was bothered by students being harassed andlor blamed for the date of the football game being changed. She suggested a letter to the editors of the local schools may help educate students. King will be coordinating through the International Department a free multicultural training session on October 13 and 14. He also attended a conference recently that showed some great anti-racism films and he hopes to obtain a copy to distribute to the Commission. Relish is conducting a multicultural training program for non-profits on October 13 through the Iowa State Extension Project he also announced the three openings on the Human Rights Commission. Status of Cases Bowers updated Commissioners on the status of cases. Ad;ournment There being no further business before the Commission, Retish moved to adjourn. Baird seconded and the meeting was adjourned at 8:21 p.rn. 2 Board or Commission: Human Rights ATTENDANCE RECORD YEAR 2006 {Meetin Date TERM NAME EXP. 1124 2/28 3/28 4/25 5/23 6127 7125 8/22 9/26 10/24 11128 12126 Lisa Beckmann 1/1/07 X X X X NMN X X X X Q Paul Relish 1/1/07 DIE X X DIE NMN X X X X Q GeoffWilming 1/1/07 X X X X NMN DIE DIE X DIE Q Sara Baird 1/1/08 X X X X NMN X X X X Q Bev Witwer 1/1/08 X X X I X NMN X X X X Q Scott King 1/1/08 X X X X NMN DIE X X X Q Martha 1/1/09 X X X X NMN DIE DIE DIE X Lubaroff Q Sehe~ Foss 1/1/09 X X X DIE NMN DIE DIE X DIE Q Kate Karacay 1/1/09 X X X DIE NMN X X X DIE Q KEY: x = Present o = Absent OlE = Absent/Excused NM = No meeting --- = Not a Member NMNQ - No meeting, no quorum 3 ~ MINUTES PLANNING AND ZONING COMMISSION EMMA J. HARVAT HALL SEPTEMBER 21, 2006 PRELIMINARY MEMBERS PRESENT: Dean Shannon, Charlie Eastham, Ann Freerks, Bob Brooks, Wally Plah~tnik, Beth Koppes . MEMBERS ABSENT: Terry Smith STAFF PRESENT: Bob Miklo, Karen Howard, Sara H. RECOMMENDATIONS TO CITY COUNCIL: Recommended approval, by a vote of 6-0 (Smith absent), REZ06-00023, a rezoning from Commercial Office (CO-1) and Interim Development-Office Research Park (ID-ORP) zone to Research Development Park (RDP) zone for 37.92-acres of property located on Northgate Drive. Recommended approval, by a vote of 6-0 (Smith absent), REZ06-00024, a rezoning from Intensive Commercial (CI-1) to Community Commercial (CC-2) for approximately 9.83-acres of property along: both sides of Stevens Drive east of Gilbert Street and property along Waterfront Drive north of Stevens Drive. Recommended approval, by a vote of 6-0 (Smith absent), Amendments to Title 14, Zoning Code as listed on the Agenda for the Planning and Zoning Commission's 9/18/06 and 9/21/06 meetings. Recommended approval, by a vote of 6-0 (Smith absent), amendments to the Iowa City/Johnson Clbunty Fringe Area Agreement. Recommended approval, by a vote of 5-1 (Shannon voting no, Smith absent), an amendment to the Subdivider's Agreement; Saddlebrook Addition Part 2 to allow a temporary increase in the number of permitted dwelling units prior to the provision of secondary access. CALL TO ORDER: Brooks called the meeting to order at 7:32 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. REZONING ITEMS: REZ06-00023, discussion of an application submitted by Southgate Development Services LLC for a rezoning from Commercial Office (CO-1) and Interim Development-Office Research Park (ID-ORP) ,zone to Research Development Park (RDP) zone for 37.92-acres of property located on Northgate Drive. Miklo said the current zoning on the 3-acre parcel was CO-1, Office Commercial, and IDRP, In~erim Development-Office Research Park on the larger tract to the north. An interim zoning was typically applied to properties which did not have sufficient urban infrastructure to allow development. The applicant had requested that both areas be zoned Research Development Park, which would allow.firms that had office, research or laboratory, or light manufacturing functions. An example was the Press Citizen building located on North Dodge Street which had both an editorial office where the news~aper was edited and a printing plant where the newspaper was printed. A Commercial Office zone allpwed only office uses and light incidental retail uses. A minimum lot size of 1-acre was required of properties zoned RDP to create a campus type of environment. In this particular location there was a Conditional Zoning Agreement (CZA) which required a minimum of 1-acre lots in the CO-1 zone so that it was mlbre in keeping with the Office Park originally envisioned for Northgate Corporate Park. The Comprehensive Plan recognized this area as appropriate for Office Research Park or Research Development Park area. Planning and Zoning Commission September 21, 2006 Page 2 of 6 Staff felt that the proposed rezoning to Research Development Park complied with the Comprehensive Land Use Plan. A number of current property owners in that development had expressed concerns to Staff that there was only one street access to the development via Northgate Drive. At peak times of the day there was typically an extended wait for vehicles exiting the development onto North Dodge Street. In the long term the problem would be resolved when Northgate Drive was extended to the north and Oakdale Boulevard crossed the property which would provide additional access to Highway 1 and access to Scott Boulevard. The City was working with the Department of Transportation on some short term solutions which would include two left hand turn lanes from Northgate Drive onto Highway 1, but was not currently funded. The build out of the proposed zoning area would not be immediate and in the long term the traffic concerns for the research development park would be addressed so Staff recommended approval of REZ06-00023. Public discussion was opened. There was none. Public discussion was closed. Motion: Eastham made a motion to approve REZ06-00023, a rezoning from Commercial Office (CO-1) and Interim Development-Office Research Park (ID-ORP) zone to Research Development Park (RDP) zone for 37.92-acres of property located on Northgate Drive. Koppes seconded. The motion carried on a vote of 6-0 (Smith absent.) REZ06-00024, discussion of an application submitted by Williamson LLC for a rezoning from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone for approximately 9.83-acres of property located both north and south of Stevens Drive between S. Gilbert Street and Waterfront Drive. Miklo said the properties on both sides of South Gilbert Street which fronted onto South Gilbert Street had been recently rezoned from CI-1 Intensive Commerciai to CC-2 Community Commercial. The applicant was now seeking CC-2 zoning for the general area to the east on Stevens Drive and on Waterfront Drive. Staff had recommended to the applicant that he seek the consent of the surrounding property owners on Stevens Drive and Waterfront Drive to rezone their properties to avoid leaving an island of CI-1 north of Stevens Drive. Consent had been received from all except one property owner; Staff had visited with that particular property owner earlier in the day but had not received a definitive answer from him. The proposed zoning, Community Commercial, was a retail type zone which would allow retail shops, restaurants, office uses and similar type uses. The Comprehensive Plan for this area showed the possibility of CC-2 zoning throughout the area along Gilbert Street. That policy had been adopted in 1997 with the recognition that significant residential development farther to the south would occur and that this particular area would be a gateway to the city. Development in the proposed CC-2 zoning would provide a more presentable appearance than the current CI-1 Intensive Commercial, quasi-industrial zoning. The area contained a gas station, several office type uses. Improvements to address the existing traffic issues at the intersection of Gilbert Street and Hwy 6 were in the Capital Improvements Program. Staff did not recommend delaying the improvements to that intersection given that the pianned conversion of the surrounding area to Community Commercial uses would likely generate even more traffic. Staff recommended approval of REZ06-00024. Plahutnik asked if the properties owned by the one uncommitted property owner would become non- conforming in any way if they were rezoned to CC-2. Miklo said no, Plumbers Supply was considered a retail business; Bochner Chocolates a "cottage industry" manufacturing use and retail use would be an allowed provisional use; the Hy-Vee gas station would be a special exception in either zone. Public discussion was opened. There was none. Public discussion was closed. Eastham asked if this item should be deferred to allow the property owner who had not consented to the rezoning to make his position known. Miklo said that owner was aware of tonight's meeting but apparently chose not to object to the rezoning. If he does object he will be able to do so with the City Council. ___________~~__,___.~.~_.___~_____~___.__..___.._..__. .._ ._......_____.._....___...n...._.__._._._.__".__.._..._____._.___ Planning and Zoning Commission September 21 , 2006 Page 3 of 6 Motion: Koppes made a motion to approve REZ06-00024, a rezoning from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone for approximately 9.83-acres of property located both north and south of Stevens Drive between S. Gilbert Street and Waterfront Drive. Plahutnik seconded. The motion carried on a vote of 6-0 (Smith absent). REZONING/DEVELOPMENT ITEM: REZ05-00019/SUB05-00029, discussion of an application submitted by S&J Development LLP for a rezoning from Rural Residential (RR-1), Interim Development Single-Family Residential (ID-RS) zone and Low Density Single-Famiiy Residential (RS-5) zone to Planned Development Overlay/Low Density Single- Famiiy Residential (OPD5) and a preliminary plat of Country Club Estates, Parts 3-8, a 154-lot, 82:30- acre residential subdivision located north of Rohret Road and west of Phoenix Drive. Miklo said Staff had received a letter from the applicant's consultant requesting an indefinite deferral. It was Staff's understanding that the applicants were going to review and modify their plan and re-submit at a later date. Public discussion was opened. There was none. Public discussion was closed. Motion: Freerks made a motion to indefinitely defer REZ05-00019/SUB05-00029. Eastham seconded. The motion carried on a vote of 6-0 (Smith absent). DISCUSSION OF AMENDMENTS TO TITLE 14. ZONING CODE: Brooks said the Commission would receive public comment from the audience on any of the proposed 33 amendments to the Zoning Code. Most were minor housekeeping and/or corrections that had been found since the Code had been adopted. No comment from the public was received. Motion: Koppes made a motion to approve the proposed amendments to Title 14, Zoning Code, as listed on the Agenda for the Planning and Zoning Commission's 9/18/06 and 9/21/06 meetings. Freerks seconded. The motion carried on a vote of 6-0 (Smith absent). REZONING ITEMS: REZ06-00017. discussion of an application submitted by Pentacrest Garden Apartments for a rezoning of 3.41-acres of property located at 12 East Court Street from High Density Multi-Famiiy Residential (RM-44) zone to Central Business (CB-10) zone. REZ06-00018, discussion of an application submitted by University View Partners for a rezoning of .08- acres of property located at 22 East Court Street from Central Business Support (CB-5) zone to Central Business (CB-10) zone REZ06-00019, discussion of an application submitted by University View Partners for a rezoning of .17- acres of property located at 335 South Clinton Street from Central Business Support (CB-5) zone to Central Business (CB-10) zone. REZ06-00020, discussion of an application submitted by Center City Partners for a rezoning of .33-acres of property located at 336 South Clinton Street from Central Business Support (CB-5) zone to Central Business (CB-10) zone. Motion: Freerks made a motion to indefinitely defer items REZ06-0017 through REZ06-00020 at the request of the applicant. Eastham seconded. The motion carried on a vote of 6-0 (Smith absent). REZ06-00021, discussion of an application submitted by James Davis for a rezoning of 17.75-acres of property located at Eagle View and Grace Drive from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone. Motion: Koppes made a motion to defer REZ06-00021 to 10/5/2006 as requested by the applicant. Plahutnik seconded the motion. The motion carried on a vote of 6-0 (Smith absent). Planning and Zoning Commission September 21 , 2006 Page40f6 OTHER: Discussion of Amendments to the Iowa Citv/Johnson Countv Frinae Area Aareement. Miklo said the Fringe Area Agreement was a policy document adopted by the City of Iowa City and Johnson County to guide the regulation of properties within two miles of the city's corporate limit. The most recent agreement had been adopted in 2000 for a term of five-years. It had been extended an additional year while a committee comprised of the City Council, the County Board of Supervisors and Staff from both bodies prepared the proposed amendments to the Agreement. One proposed amendment would clarify that for rural areas outside of the City's growth area, agriculturai uses would be the preferred uses as opposed to residential use. It would be a tightening of development in some circumstances in favor of agricultural uses. The exception would be the north corridor area between the Iowa River and HWY 1 north of Iowa City, which had been identified by the County as an area for residential development. A second area of proposed change was the interchange area of Herbert Hoover Highway and Interstate 80. The County had proposed to shift the commercial designation to the west to include more acreage for highway commercial and highway related uses such as hotels, motels, truck stops, gas stations, etc. The proposal indicated that if development would occur in that. area it would conform to City standards if they were more stringent than County standards ie: sign regulation, parking lots, landscaping. Miklo said, if approved, the Agreement would be good for a period of 5-years and if at the end of 5-years neither party objected, it would continue for another 5-years. Public discussion was opened. There was none. Public discussion was closed. Motion: Plahutnik made motion to approve the amendments to the Iowa Citv/Johnson Countv Frinae Area Aareement as listed in the Staff Report of September 15, 2006. Eastham seconded. The motion carried on a vote of 6-0 (Smith absent). Discussion of an amendment to the Subdivider's Aareement Saddlebrook Addition Part 2 to allow a temporary increase in the number of permitted dwelling units allowed prior to the provision of a secondary street access. Miklo said based on the City's Secondary Access policy, the Subdivider's Agreement for Saddle brook Addition Part 2 had placed a cap of 416 units on the number of dwellings that could be developed prior to a second street access to the property. Since the original agreement had been adopted, plats had been approved for a second access leading into the Whispering Meadows subdivision. The applicant was not ready to install that access but did have zoning for 27 dwelling units further to the east on Heinz Road which did have sewer, water and street access. The applicant was seeking to amend the Agreement to allow the 27-units to be built. Staff had drafted an agreement which had a time period of 3 years and would allow the proposed amendment to take place. The applicant had a Letter of Credit so if the street was not built within 3-years the City could build the street at that time. With the Letter of Credit assurance Staff felt that the proposed amendment to the Subdivider's Agreement was reasonable. Public discussion was opened. There was none. Public discussion was closed. Motion: Eastham made a motion to approve the proposed amendment to the Subdivider's Agreement; Saddlebrook Addition Part 2. Freerks seconded the motion. Shannon said he was familiar with the subdivision and had gone out to look at the site. The applicant had known for quite some time that they were approaching the dwelling unit cap before needing to install a secondary access. He did not feel that it would be of benefit to the City or an advantage to the citizens currently residing in that neighborhood to allow the additional units to be constructed prior to the secondary access. He would not support this amendment. The motion passed on a vote of 5-1 (Shannon voting in the negative, Smith absent). CONSIDERATION OF 9/7/06 MEETING MINUTES: Planning and Zoning Commission September 21, 2006 Page 5 of 6 Motion: Koppes made a motion to approve the minutes as typed and corrected. Eastham seconded. Motion passed on a vote of 6-0 (Smith absent). ADJOURNMENT: Motion: Eastham made a motion to adjourn. Freerks seconded. The motion carried on a vote of 6-0 (Smith absent). The meeting was adjourned at 8:13 pm. Elizabeth Koppes, Secretary Minutes submitted by Candy Barnhill sfpcd/minsfp&zl20206/9.21-06.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 8/3 8/17 9/7 9/21 B. Brooks 05/10 X X X X X X X X X OlE X X X X X X C. Eastham 05/11 ---- ---- ---- -- -- -- -- -- -- ---- X X X X X X X X X A. Freerks 05/08 X X X X X OlE X X X OlE X X X X X X E. Koooes 05/07 OlE X X X X X X X X X OlE X X X X X W Plahutnik 05/10 X OlE X X X X X X X X OlE OlE X X X X D. Shannon 05/08 X X X OlE X X OlE X X X X X X OlE 0 X T. Smith 05/06 X X OlE X X X X X X OlE OlE X X X X OlE INFORMAL MEETING Term Name Expires 2113 2/27 4/17 5/15 7/17 7/31 8/14 9/18 B. Brooks 05/10 X X X X X X X X C. Eastham 05/11 -- -- ---- -- -- X X X X X A. Freerks 05/08 X X X X X X X X E. Koppes 05/07 X X X X X X X X W Plahutnik 05/10 X X X X OlE OlE OlE X D.Shannon 05/08 OlE 0 OlE X X X OlE X T. Smith 05/06 X X X OlE X X X OlE Key: X = Present 0 = Absent OlE = AbsenUExcused DRAFT ~ MINUTES IOWA CITY BOARD OF APPEALS TUESDAY, SEPTEMBER 26,2006 EMMA J. HARVAT HALL, IOWA CITY CITY HALL 410 E. WASHINGTON STREET IOWA CITY, IA MEMBERS PRESENT: John Roffman, Tim Fehr, Steve Buckman, Chad Campion, Alan Gerard. MEMBERS ABSENT: Doug DuCharme, Gary Haman STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Sue Dulek (Asst. City Attorney), Roger Jensen (Fire Marshall), Pat Hansen (Electrical Inspector), Ryan Olson, (Back Flow Coordinator/Mechanicallnspector), Jann Ream (Code Enforcement Asst. acting as minute taker) OTHERS PRESENT: Randy Sconyers, Rick Becker (SMW Local 263), John Staska (Universal"Climate Control), Doug Kohoutek (Colony Heating & Air), Tom Coulter, Jim Leet (Leet's Refrigeration), William Bednarz, Ryan Bednarz (Kelly Heating & Air Conditioning), Mike Stoffregen (Iowa City Homebuilder's Association), Dave Wright (Crown Electric), Dean Knecht (Modern Climate Systems) Bill Brandt (Brandt Heating & Air Conditioning) RECOMMENDATIONS TO COUNCIL: Recommended by a unanimous vote (5-0) that the licensing section of the code be amended to require licensing for HVAC contractors, Ducted Air Heating and Cooling Installers and Commercial Hood Installers and be adopted by City Council. CALL TO ORDER: Chairperson Roffman called the meeting to order at 4:31 PM. CONSIDERATION OF MINUTES: Minutes from the February 6, 2006 meeting were reviewed. Minutes were approved with a unanimous vote 5-0. Discussion and possible recommendation to Council an ordinance chanqinq the trade licensinq requirements to include HV AC Contractors. Commercial Hood DRAFT Installers and Ducted Air Heatinq/Coolinq Installers and discussion and approval of licensina exams. Tim Hennes gave the Board an overview of the licensing proposal. Currently, several trades are required to be licensed: plumbers, electricians, sewer and water installers, gas pipe installers, fire sprinkler installers, fire alarm installers and fire sprinkler maintenance persons. Hennes explained that after working with several HV AC contractors and the Iowa City Homebuilders Association, it was time to introduce a proposal to require heating, venting and air conditioning contractors to be licensed. Hennes stated that four new licenses were being proposed: Master HVAC, Residential HVAC, Commercial Hood Installer and Ducted Air Heating/Cooling Installer. Several exams had been selected that were appropriate to the various licenses. When selecting the exams, they had tried to take into consideration what other jurisdictions require so those same exams could be used for licensing in those other jurisdictions. A Residential HV AC contractor could do work on any project under the jurisdiction of the International Residential Code (IRC). A person could be licensed to do work after 3 years of experience but a permit could be issued only to those contractors with 5 years of experience. A Master HV AC licensed contractor would be required to do work on any project under the jurisdiction of the International Building Code (IBC). The required years of experience would be the same. City staff would develop a test for the Commercial Hood Installer because no third party test exam could be found that would cover the code issues involved. Hennes explained an existing problem with the installation of boilers. Boilers are currently being installed by licensed plumbers although boiler installation is not covered on the master plumbing exam (because boilers are covered by the International Mechanical Code). A Master HVAC contractor could install boilers if he or she tested under the two more restrictive exams being recommended. Roffman asked for clarification on the permitting process. Hennes explained that for IRC projects, the permit would be issued with the building permit and for IBC projects, the HV AC contractor would have to apply for a separate permit. Fehr wondered if the proposed exams were consistent with other jurisdictions, specifically Cedar Rapids. Hennes said yes. Roffman opened the floor for public comment. Doug Kahoutek stated that when Cedar Rapids started licensing, he served on the mechanical appeals board. They found a need for a "grandfather clause" for those small contractors who had been doing business for several years who couldn't seem to pass the test. Also they started an apprentice program which has helped to increase the quality of the work. John Staska wondered why the separate license was needed for commercial hood installers. Hennes explained that if a company has a licensed Master HVAC person, they would be able to install commercial kitchen hoods without a separate license. However, there are several contractors who only do commercial hoods and no other heating or cooling work so a separate license for them was necessary. Staska asked if the Ducted Air Installer would also cover the installation of commercial hoods. Hennes introduced Ryan Olson and Pat DRAFT Hansen as the City Inspectors who work most with licensing. Olson explained that the Ducted Air license would cover the installation of hoods. Jim Leet wondered if Cedar Rapids would reciprocate an Iowa City license. Olson explained that Iowa City was going to accept three different tests for licensing of HV AC contractors. This would cover the tests that both Cedar Rapids and the Quad Cities require. The years of experience prerequisite might be different in neighboring jurisdictions - for instance, Davenport requires 9 years of experience. But essentially, yes, if someone had an Iowa City license, they would have the necessary requirements for a Cedar Rapids license. William Bednarz asked when the licensing requirement would start. Hennes stated that staff would like the ordinance to be effective by January 1, 2007. Bednarz wondered how much time contractors would have to get tested and get their licenses. Hennes replied that there will be a "phase in" process. There will be two years before an exam is even required. A license will be issued right away to anyone who can demonstrate three years of experience. As of January 1, 2009, in order to renew that license, a contractor will have to show proof of passing an approved exam. So contractors will have two years to schedule and pass an examination. Rick Becker stated that there were workers in Cedar Rapids who were licensed under the grandfathering and have never been tested. He wondered if Iowa City would give them a license without the testing. Hansen said the test would be required. He also asked what the cost of the license would be. Hansen replied $50.00. Hennes stated that Iowa City only required 1 licensed person for every three unlicensed persons on the job. He thought that might address the grandfathering issue because those people who could not pass the test would still be able to work as long as they were with a licensed person on the job. Campion asked about continuing education requirements. Hennes said that staff would probably create seminars for those requirements. Hennes stated that a HVAC residential license would be equivalent to a HVAC journeyman license in other jurisdictions. Buckman had some issues with the actual wording of the ordinance with the words "shall" "may" and "will" and that they seemed to be used interchangeably. He thought if the intent was "shall" then that word should be used consistently. Bednarz wondered if every owner would have to have a Master HVAC license. Hennes stated that every business had to have at least one Master license -it could be the owner or another employee. Roffman asked for a motion to adopt licensing for HVAC contractors. MOTION: Fehr moved that the licensing ordinance with the proposed amendments to require licensing for HVAC Contractors, Commercial Hood Installers and Ducted Air Heating/Cooling Installers be recommended to and adopted by City Council. Campion seconded. VOTE: The motion passed unopposed. OTHER BUSINESS: DRAFT Hennes asked the board members whether they wanted the 2006 code books in actual book form or on a CD. All present members requested books. Hennes stated that he had received no appeal applications for October, so there would not be a meeting. ADJOURNMENT: Buckman moved to adjourn the meeting. Gerard seconded. The meeting was adjourned at 5:15 PM. John Roffman, Board of Appeals, Chairperson Date ;,....' Board of Appeals Attendance Record 2006 NAME TERM EXPIRES Jan-06 Feb-06 Mar-06 Apr-06 May-06 Jun-06 Jul-06 Aug-06 Sep-06 Gary Haman 12/31/2007 X X NM NM NM NM NM NM OlE Steve Buckman 12/31/2006 X X x Doug DuCharme 12/31/2009 OlE OlE OlE Tim Fehr 12/31/2008 X OlE x John Roffman 12/31/2007 X X x Chad Campion 12/31/2008 X X x AI Gerard 12/31/2010 X X x KEY X = present o = absent OlE = absent/excused NM = No meeting = not a member I I I I ~ MINUTES HISTORIC PRESERVATION COMMISSION SEPTEMBER 14, 2006 EMMA J. HARVAT HALL PRELIMINARY MEMBERS PRESENT: Esther Baker, Michael Brennan, Michael Gunn, John McCornally, Pam Michaud, Jim Ponto, Ginalie Swaim, Tim Weitzel MEMBERS ABSENT: Richard Carlson, Tim Toomey STAFF PRESENT: Sunil Terdalkar OTHERS PRESENT: Helen Burford, Guy from Sears Home Improvement, Ben Lewis, Philip Lutgendorf, Shelley McCafferty, John Roffman, Rebecca Routh, Terry Stumpf, Tim Taffe CALL TO ORDER: Chairperson Weitzel called the meeting to order at 6:02 p.m. ELECTION OF OFFICERS: Terdalkar suggested that the election be deferred until iater in the meeting. MOTION: Ponto moved to defer the election of officers until later. Swaim seconded the motion. The motion carried on a vote of 6-0. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. ITEMS FOR CONSIDERATION: Certificate of Appropriateness. 923 Iowa Avenue. Terdalkar said that this property recently received a certificate of appropriateness for demolition from the Commission, without a certificate of appropriateness for the new construction of the proposed building on the site. He said the Commission is now reviewing the proposai for the new structure on the site. Terdalkar said the applicant is proposing a six-unit, 18-bedroom apartment building to replace the storm- damaged nine-unit, nine-bedroom rooming house. He said that the staff report is based on the Design Guidelines for Multi-Family Buildings, (Section 10) which require certain criteria to be demonstrated before a certificate of appropriateness is issued for the project. Terdalkar said that staff has asked the applicant to revise the drawings to comply with all the guidelines and regulations. McCafferty, the consultant for this project, distributed a revised site plan. She said that the only changes to the building that are not reflected in the Commission's packet are that there will be 18 inches taken out of the depth, the length of the building. McCafferty said that the side elevations would therefore not be changed. McCafferty provided an elevation to show that the building would comply with the front setback requirements and where the building sits in relationship to the other properties on the block. She said the building should therefore comply with the multi-family guidelines in the historic preservation handbook. McCafferty said there was a lot of discussion in the staff report about site issues. She said that the owner would like to request approval of the architecture at this time, as well as the site plan as it is right now. McCafferty said the site plan is still somewhat of a concept, because the owner did not yet have the site engineering. McCafferty said the owner did not want to engineer the site around a building that may not be approved by the Commission. McCafferty said the owner would therefore like to have approval of the Historic Preservation Commission September 14, 2006 Page 2 building, She said that, when the application gets to the additional stages of site engineering and there is a possibility of a sensitive areas rezoning, this would come back to the Commission for an amendment McCafferty said that the owner would, however, like to have the confidence to proceed with the engineering of this building at this time, Weitzel asked for clarification that McCafferty is therefore asking for approval of the architectural plan at this point and the concept for the site plan, which the Commission would then review at a later date, McCafferty said that if there are significant changes, it could be reviewed again, She said that if the site can be engineered pretty much to be exactly what is shown, she would leave it to staff and request that it not have to go before the Commission again, McCafferty said there will probably be retaining walls and other things like that that are not yet resolved, and they may be of a height and such that this needs to come back, McCafferty pointed out that she tried to design this so that it complies with the guidelines, She pointed out the front elevation and the drawing that shows how this would compare to the outline of the previous buiiding, McCafferty said the goal of the elevation was to lower the overall eave height and put living units more under the roof, so that there are three stories but with a iower eave line, McCafferty said that the building is much more articulated than what was there previously, She added that it is a little wider than the original building, but her intent in designing it was to design it so it looks more iike a large duplex, McCafferty said there are two front fa<{ades essentially connected by a stairway, She said she lowered the eave line where the stair is to accentuate the fact that it is more of a link that is pushed back, McCafferty said the intent is to maximize the look of this as a duplex as opposed to an apartment block, Swaim asked how much wider this would be than the original building, Terdalkar said that the original building was 42 feet wide, and the new building would be 58 feet wide, McCafferty said that with the side bay, which is back away from the front fa<{ade, it would be 58 feet, and without the side bays, it would be 52 feet She said the perception of the building from the front is going to be that it is ten feet wider. McCafferty said that the site plan shows a darker outline showing the relative difference in the footprint of the old versus the new, She added that she broke up the pitch and articulation of the roof and some articulation to the front surface by using the two different siding materials, McCafferty stated that it would all be done out of fiber cement board, with a concrete base, McCafferty said that, given the slope of the site, not a lot of the bottom foundation would be visible, She said that with the ramp, there will probably be some landscaping to deal with that, so that one would not really see any of the foundation, McCafferty said that at this point, she is proposing to just paint the foundation, Michaud asked what the difference is between the sidewalk elevation and the plateau, McCafferty said that it goes up approximately nine feet within 15 feet of length, which is about a 60% slope, She said that, with that slope, in order to get the ramp, there will probably have to be an easement on the adjacent property, and there is a verbal agreement to do that McCafferty stated that the slope will have to be softened somewhat on the side next to the large apartment building on the east side in order to have ramp accessibility from the front Ponto said that staff had discussed the issue of lighting in his staff report, McCafferty said that on the revised site plan, she did indicate some lighting, She said that typically, a civil engineer will do a light plan to guarantee downcast, shielded lights with appropriate lumens and so forth, McCafferty said that this plan is not at that step yet, so she is basically proposing a concept She said there would be lights underneath the porch, on the back of the building, underneath the roof over the rear stairway, and there will probably have to be a pole or two in the back, McCafferty said she is trying to push them as far back as possible so as not to add glare to the single-family house, She said that there are bUffering requirements, and there is already a natural tree line, and she is showing some supplement of that 2 Historic Preservation Commission Septemoer 14, 2006 Page 3 Phillip Lutgendorf requested permission to address the Commission as a neighooring property owner. He said that he has lived at and owned the adjacent property, 911 Iowa Avenue, for 21 years. He said the Commission is mostly concerned with how things look, out he has other concerns as a neighoorhood resident, and he wanted to at least express them. Lutgendorf said the ouilding that was at 923 Iowa Avenue was a remarkaoly good neighoor in that he has never had a complaint toward that ouilding. He said that in terms of noise, a major issue on that olock, he has never had a problem with that building. Lutgendorf said he suspects that the reason for that is that there were one-bedroom apartments and only nine people living there, and they tended to be quiet students. Lutgendorf said that his biggest concern about this plan, apart from the sheer size of the ouilding, is the fact that it would douole the density of people living at that site. He said that he also feels that three- oed room apartments will attract a different kind of clientele - people living with their friends and having parties. Lutgendorf said that the reality is that what is driving single families off that olock on Iowa Avenue is the noise from parties. He said that the police have oeen called many, many times, mostly oecause of houses on the north side of Iowa Avenue. Lutgendorf said that the thought of having that now come in right next door is really trouoling to him. He said that if the goal it to staoilize that olock as mixed, single-family and rental, this is a step oackward, not forward. Weitzel said that the Commission has had direction from the City Council that if it does not take neighoorhood concerns into consideration when discussing historic preservation, then it is not doing its joo either. Weitzel said the Commission, however, is primarily looking at architectural, aesthetics and historic character issues. MOTION: Swaim moved to approve a certificate of appropriateness for the project at 923 Iowa Avenue, with the stipulation that things may changed based on the site plan. Ponto seconded the motion. Michaud said that she thinks the design looks like a historic duplex. She asked if there would be retaining walls, as one can't really put grass there. McCafferty said that would De part of the next step, the engineering process. She said that she would like to minimize the amount of retaining wall required, out that will De dependent on working out the plan. Roffman said that what is helping a lot is that the Clarks to the east have veroally agreed to let him extend his ramp over the front of their property, which is the lower part of the slope. He said that will then be blended in to work with the topography. Roffman said he would then share access to the ramp with the neighbors. McCafferty said that one of the other issues is working with the City. She said that at this point, the slope of the hill starts right at the sidewalk, which is within the City right-of-way. McCafferty said if she has to cut back to the property line and then back an additional 42 inches, that is where there would be the most retaining wall. She said that if she can work with the Engineering Department to start the sidewalk and ramp right at the City sidewalk, that would help reduce that. McCafferty said that is still in negotiation. She said that the ramp access has to De in the front of the ouilding. Weitzel asked Terdalkar if the Commission has any purview over the type of material used for the retaining wall. Terdalkar said it would have purview if a permit is required. Michaud said that this plan conforms with the density the City allows there; however, it would double the number of tenants. She said that perhaps there could be some stipulation in the leases to restrict times that parties can be held. Swaim said that she likes the look of the proposed building but agreed that it is a substantial increase in the number of tenants. 3 Historic Preservation Commission September 14, 2006 Page 4 McCafferty said that when this conservation district was rezoned, the Commission specifically responded to concerns of landlords that if in fact a building was destroyed, that it would not be a down zoning and the owner would not be unable to reconstruct to the same size. She said that is the reason there is not a fayade limit on multi-family. Gunn said that in this conservation district, the size limitations are fairly clearly spelled out. Weitzel confirmed that there are site and scale guideiines. Terdalkar said the guidelines state that the Neighborhood District Guidelines apply to singie-family and duplex units. Weitzel said there was a lot of opposition from those owning larger buildings who were concerned that if the building was destroyed in its entirety that there would be a lowering of their potential. Weitzel said that iUs a neighborhood conservation zone. Terdalkar said that a neighborhood conservation zone is intended to stabilize the neighborhood with lower density. McCafferty stated that under the current RNS zoning, seven units would be allowed, and Roffman previously had nine units. Terdalkar said that seven units would be allowed if one only considers the land, without parking requirements. McCafferty agreed but said that with what is allowed just basicaliy by doing the numbers in that particular zone, the owner could not go back and build nine units, but the bedrooms under density are not specified, so that is where the density is increased. Weitzel said he assumes this plan reflects the required parking spaces. McCafferty confirmed that it refiects required parking and the required buffering necessary per the zoning code. Gunn asked McCafferty if she thinks the fayade area requirement does not apply here. McCafferty said that when the conservation district was designated, the concern was that if a building was destroyed and the existing fayade square footage was X amount, would the owner then have to go down to Y amount, based upon the neighborhood guidelines, and the owners considered that a down zoning. She said that is her recollection of why the area requirement does not apply to the multi-family, because it would be a de facto down zoning. Weitzel asked Terdalkar if that fayade area requirement would apply, because the guidelines don't allow that. Terdalkar repiied that staff feels that the standard as written does not apply; because the introduction states that it applies to single-family and duplex. He said he thought, however, one could say that it does not state that they do not apply to multi-family. McCafferty said that this is an 80-foot lot. She said that legally, based on the zoning, this could be divided into two 40-footlots. McCafferty said the building proposed is approximately 2,170 square feet, and that is including the roof, which slopes back. She said that the previous building was approximately 1,600 square feet. McCafferty said there are two ways it could be done. She said that forced with this limitation, one could do a 1,600 square foot building on an 80-foot lot or do two three-unit buildings of a 1,200 square foot fayade and get exactly what is proposed. Terdalkar said he had some reservations about whether that could be done. He said that if a building is within 15 feet of a single-family zone, the height of the structure is limited to two and one-half stories per the zoning requirements. Terdalkar said that if one splits the lot and builds a three-unit building on each lot adjacent to a single-family structure, the zoning code limits height of the structure to two and one-half stories. He said that McCafferty is not presenting complete information when she says that one could build two separate buildings by dividing the lot Into two small lots McCafferty said that even if there were two single-family houses, there would still be less aggregate square footage in this particular proposal than there would be with two single-family houses. Terdalkar said the intent of the neighborhood guideiines is to limit the size of the front elevation to 1,200 square feet. He said it the guidelines do allow two buildings with 1,200 square feet, as other existing buildings in the area have similar elevation sizes. He said that it is not appropriate to say that the proposed building would be smaller than two separate buildings combined into 2,400 square feet, the overall size of one building shouid matter. 4 Historic Preservation Commission September 14, 2006 Page 5 McCafferty said she is just using this as an example to gauge the size of what is being proposed versus what could be done with two single-family houses. She said this is something that would be of a scale of the smaiier sorority houses in the neighborhood so that the scale of the proposed buiiding is not unusual to the Coiiege Hiii area. Brennan agreed that the scale of the building is similar to other large buildings scattered throughout the neighborhood, some of which are old but most of which are newer. Gunn stated that the guidelines are perfectly ciear. He said there was a lengthy discussion when the guidelines were being drafted, and the argument was that because the predominant fa9ade size of a structure in the district is only 1,200 feet, if one has a large apartment buiiding and it burns down, can it be rebuilt. Gunn said the answer is yes, and that is why it says, "and if the structure has a street elevation surface area of 1,200 feet or greater, it may be reconstructed, provided the street area does not exceed the area of the pre-existing primary structure." He said he reads this to say that one can buiid a buiiding back as big as it was but cannot built it back bigger than it was. Gunn said that to say this whole thing doesn't apply because this is a multi-family building is a stretch that would come from a contorted view of what the guideline is. McCafferty pointed out that the architectural features have been added to this to reduce the perceived scale of this building overall. She said that if one is discussing just the technical square footage, a large portion of it will be such that it is not going to be seen in the same way that one sees a big, flat surface, for instance, with the bays in back receding quite a bit. Weitzel said this building does borrow architecturai elements from buildings in the near vicinity. He said one question would be if there are any examples of duplexes. McCafferty pointed out that there are some duplexes around town with a similar concept as that proposed. Weitzel said that the examples show peaked gabies facing out and a single roof behind that, cross- gabled, so it is the same design. He said there are architectural elements from the neighborhood and a style that is prevalent in Iowa City. Weitzel asked Terdalkar whether the Commission has any purview over the neighborhood issues. Terdalkar said that if the Commission members feei there is an issue that affects the character of the conservation district, the Commission may consider it. Weitzel said the Commission can therefore talk about the neighborhood issue to a certain extent, but the reasoning has to be made clear when voting. Swaim said that, in terms of the neighborhood and the number of tenants, she did not know about the other houses and how many bedrooms are in their units. McCafferty said she believes the Clark apartments have one and two-bedroom units. Michaud said that there are three to five-bedroom houses across the street. Swaim said that this is an attractive building that in some ways will fit better into the neighborhood than the very big, three-story building did. She said she is empathetic with the issue of noise. Swaim said it is an issue that a lot of older neighborhoods have to stay on top of and find some good solutions. She said she did not want to single this out as not being a workable project because of the increased number of tenants. Swaim said she would rather find better ways to address the noise issue. Michaud said that, as a landiord, if she puts some restrictions such as quiet hours on her tenants, she has very cooperative tenants. McCafferty said that she feels that better maintained buiidings tend to have better, quieter tenants. Roffman discussed the appearance of the building prior to the storm; he said he has always tried to maintain the building and increase the street appeal. Gunn said that in his tenure on the Commission, a lot of times a project has come in and everyone says it is big and reaiiy out of scale with the neighborhood, but there is never anything in the guidelines to prevent it from going up. He said that here, it is very clear in the guidelines. Gunn said that this building was big for the neighborhood, and If the new building is constructed, it's going to be bigger. He said that the whole point of controlling the scale is to control the size of the building, and the only way the Commission thought it could be done legaiiy was to define it as front elevation. 5 Historic Preservation Commission September 14, 2006 Page 6 Gunn said that if this project is to be 1,600 square feet in its front elevation, as defined in the guidelines, then it's a wonderful building. He said, however, that if it is 2,000 or 2,400, he thinks it is clearly way too big and would vote against it. McCafferty read from the guidelines, "The College Hill Neighborhood District guidelines apply to the College Green Historic District, East College Street District, College Hill Conservation District. They apply to single family and duplex buildings in these neighborhoods." She said she would like to get clarification, as it seems rather clear that it does not apply to multi-family dwellings. McCormaliy said that there is another large, blue apartment building near the corner of Iowa Avenue and Dodge Street that is still in the same district. He said that the building replaced many smaller buildings, and it is gigantic and has an enormous frontage. Weitzel said that building was constructed well before this was a conservation district. McCafferty agreed and said that regulations have been changed because of that building. Gunn said that there are several apartment buildings within the district larger than the 1,200 square feet, but they ali existed prior to the conservation district being established. Weitzel asked Gunn if he would be okay with the building if it were reduced in size. Gunn confirmed this. He said that the original building was big, and this would be bigger. Gunn said he doesn't buy the argument that somehow if one builds a big enough building, the scale doesn't apply, because the lot is big enough. He said that the whole point of the guidelines was not to aliow this to happen. Swaim asked ciarification about the issue of and the demolished square footage of the front fa9ade. Terdalkar said that the front fa9ade of the original building is estimated to be about 1,600 square feet. He said the footprint was about 42 feet wide, and the height is about 35 feet. Gunn said that 1,632 would be one thing, but 2,200 square feet is hard to ignore. He said it is a nice looking building, but it's not small, no matter how many bump outs there are on it. Swaim asked about the 2,100 square feet figure and if it comes from not only the front forward fa9ade but also anything that is facing north. Gunn confirmed this and said that the roof would also be included. McCafferty said that another option is to make this narrower, but one ends up filling ali the recessed areas and ending up with basically one large roofline that will look much more boxy. She said that the plan is for a wider building so that it would fit in the neighborhood. Gunn said this is just flat out making this a whole lot bigger than it was, which absolutely flies in the face of the guidelines. He said that if the Commission approves this, it is saying that the scale doesn't matter. Brennan asked if this was originaliy two lots that had been joined. Weitzel said it was not; he said it was part of the Governor's Square and was subdivided into this size lot. Brennan said the owner could split this into two lots and put up two 1,200 square foot facades that would be bigger than this. Terdalkar said that the lots can be split, but new buildings would need to comply with all the site requirements and design guidelines. Terdalkar said that from his perspective, the guidelines intend to achieve compatibility. He said that one can certainly build six units, by reducing the number of bedrooms, and reduce the size of the structure which will reduce the number of parking spaces required. Terdalkar said that from his perspective, the scale standard is not limiting anything to add more units than what was there before. He said it is certainly possible. Terdalkar said the question is if it is appropriate to build the maximum possible or something that is compatible with the whole neighborhood. Brennan stated that he thinks this is consistent with other buildings that already exist throughout the entire district as a whole, and that is what the Commission has to look at is the district as a whole. He said the Commission can't just isolate a block here or there, or it makes the meaning of the district disappear. Brennan said that given the consistency, the size, and styling, and that the owner could split this into two lots and have larger massing than what is proposed, he would be inclined to vote in favor of the proposal. 6 Historic Preservation Commission September 14, 2006 Page 7 Michaud said she respected Gunn's opinion about the building. She said that McCafferty has done a great job with the blueprints. Michaud proposed that there be some kind of compromise. She said there is one more indentation than seems necessary, and it might look more convincing to do away with the some areas, such as the dining room windows. Michaud said that one of the things that contributes to parties, in her experience, is having a big living room area with a connected dining room and kitchen. Ponto said he likes the looks of this and thinks that from the street this will not have the appearance of the mass that the big box did. He said, however, that he did not think the Commission could go against the guidelines. Ponto pointed out that Section 3.6 has alternative design criteria to allow the Commission to deviate from the guidelines in exceptional circumstance, but he is not convinced that this is an exceptional circumstance. McCafferty said that if the Commission is basing its decision on the 1,600/1,200 square feet issue, she would request an opinion from the legal department on whether this appiies to a multi-family building. Weitzel asked if the owner would agree to have the Commission table this issue at this time and have that issue investigated. He said that the Commission could have two meetings this month to reconsider this issue at the second meeting. Roffman said yes. Gunn said he was okay with tabling the proposal. He said that he might be unable to attend the next meeting but added that he would be amazed if the legal opinion is that the guidelines don't allow the control of a new structure in the place of one that was destroyed. Gunn said that would be a ridiculous contortion of the guidelines. Weitzel said that it is important to find out what the Commission's latitude is with these sorts of issues. MOTION: Ponto moved to table consideration of a certificate of appropriateness for the project at 923 Iowa Avenue. Gunn seconded the motion. Terdalkar asked if this is the first time such an issue has come up. Weitzel said the Commission considered this with regard to Brad Houser's house on Dodge Street. Weitzei said that the Commission did hold Houser to the height requirements. Terdalkar said that if the intent of the guidelines is to not allow large buildings, then the language should be clarified to reflect that. He said the guidelines should say that it applies to single-family, duplexes or multi-family buildings. The motion to table carried on a vote of 8-0. 726 Iowa Avenue. Terdalkar stated that the applicant for this proposal requested deferral of the item at a previous Commission meeting. He said that the application is for the review of windows on a carriage house garage at the back of the property. Terdalkar stated that this is an Iowa City landmark property and part of a conservation district. He said that the windows that were used as replacements are vinyl windows. Terry Stumpf of Stumpf Construction introduced himself and Tim Taffe, the owner of the house. Stumpf said that he was the contractor for this project. He said he was at the house for another project, but Taffe had told him that the windows didn't open and could not be cleaned. Stumpf said he looked across the alley and saw a new structure with vinyl windows, and he didn't give it a thought. Stumpf said that he just left the existing frames outside and nothing would change; he put the vinyl sash in to have a functional window with the least amount of money spent. He said he did not think about the house being in a historic district. Stumpf said he has never put vinyl windows in a new structure but does think there is a place for them, and he just didn't think about putting this in a garage. He said the windows are all up high, and all the original trim and wood jambs are left. Stumpf said he believes that the garage was built in the 1970s, based on the material and sUbflooring, on the existing foundation where an old garage used to be. He said the windows apparently came from an 7 Historic Preservation Commission September 14, 2006 Page 8 old house. Stumpf said this is in the back alley where no one can see it. He said there is also a vinyl window on the south end of the house. Taffe said that his house is the prettiest house on Iowa Avenue. He said that the last two owners haven't cared about the house. Taffe said that when he bought the house, it had a sagging front porch with rotten pillars and beams. He said that Stumpf has put the porch back together with new concrete, and now it is level. Taffe said that all of the tongue and groove is exactly the same dimension as it was before. Taffe said that on the roof, the bottoms of the dormers were all rotten, and he had Stumpf fix that and replace the trim where it was missing. Taffe said the house is a gem, and he is making it a lot better than it was before. Taffe said that the garage in the back is not a gem and is not a carriage house. He said that it is a two-car rollup door garage. Taffe said he loves the house, but the garage is not the house. MOTION: Ponto moved to approve a certificate of appropriateness for the installation of vinyl windows at 726 Iowa Avenue, as proposed, because the garage was built in the 1970s and is on the back alley. Michaud seconded the motion. Gunn asked how the Commission would know that this is a 1 970s garage. Terdalkar responded that the contractor can tell the best by the kind of materials used. He said that it cannot be determined by the exterior appearance. Terdalkar said he checked the Sanborn maps, and there appears to be a similar footprint on the site after 1930, so if this is a new structure it may have been built upon an older foundation. He stated that the site inventory form for the landmark designation does not mention any of the outbuildings on the site. Weitzel said that he is familiar with Stumpfs work and is prepared to accept what he says as legitimate and right on target. Gunn asked what the guidelines say, since this is not a historic structure. Weitzel added that this is a conservation district, and Terdalkar added that this is a landmark property. Weitzel said the outbuilding is from the 1970s, so it can't be contributing to the landmark status of this building. He said therefore the Commission only needs to be concerned with whether it detracts from the building. Weitzel said that an outbuilding can be part of the landmark, but if it is not mentioned on the inventory form, there is no way that it contributes. He recommended that the Commission consider this as it would any other non-historic structure in a conservation district. Weitzel said that it does not affect that landmark, just historically speaking. Swaim agreed that this does not distract from the house. She said it is sort of like the neighborhood issue discussed before. Swaim said that often someone replaces something not knowing that it needed to go through design review, even though homeowners received a letter from the City. She said she wondered how other cities dealt with this issue. Weitzel said the Commission should look into that and also redouble its efforts to make sure notification is getting out there. Terdalkar said the Commission could double its efforts to inform people but asked if ignorance should be an excuse for everything. Weitzel said that in the past there has been a problem with distinguishing whether something was done intentionally or not, but he did not feel that is the case here. Terdalkar said the only reason this is being reviewed is because it is not allowed to install vinyl windows in the guidelines. Weitzel pointed out that is why the Commission meets - because it has to make leniencies and considerations that can't be accounted for in a fiowchart. Brennan asked what happened with the house on Grant Street that had vinyl windows installed. Terdalkar said the owner repiaced them with approved winodws. Brennan asked why this building is different. Weitzel said that the house on Grant Street involved the contributing structure itself. Michaud said that was the primary structure, while this is a garage. 8 ______.._._._..10.....-_ Historic Preservation Commission September 14, 2006 Page 9 Brennan said there is no distinction according to the guidelines. Weitzel said that the building on Grant was aiso a historic building itseif, and this garage is not. Brennan said the guidelines say there is no difference. Weitzel said the main purpose of this is to be concerned with detracting from history and with detracting from the appearance of the neighborhood. He said he does not see how that is changed by pulling vinyl windows in a garage. Weitzel said that vinyl siding has been allowed on new structures in conservation districts. He said the Commission is allowed the latitude to interpret the guidelines. Swaim asked how many windows were installed in this house. Stumpf responded that there were three: one is a twin/double window on the south and a single window on the alley. Taffe said the twin windows face his garden, and the single window faces on the alley. Weitzel said that, first and foremost, he is looking at what this does to the neighborhood and what it does to the history of the landmark. He said that in both cases, he does not see that it does anything negative. Weitzel said that if the Commission is going to follow the guidelines and penalize people who otherwise are doing the right thing with their structures, then the City will not back the Commission on the guidelines, and they'll be turned over again and again. He said he does not see it as productive to fight this and be pedantic about the guidelines in a case where the spirit of the guidelines is being fulfilled. Terdalkar said he agreed with that but said that the Commission decisions should be consistent, and the guidelines should be amended to include such exceptions. Weitzel said that historic preservation involves a case by case analysis, and one must consider the context in which something is looked at. Brennan said that the impact of seeing something from the street disappeared from the guidelines or the ordinance in the last revision. He said that the structural framework of the case by case analysis is the guidelines. MOTION: Michaud moved to call the question. Swaim seconded the motion. The motion to call the Question carried on a vote of 8-0. AMENDMENT TO THE MAIN MOTION: Ponto moved to amend the main motion to approve a certificate of appropriateness for the installation of vinyl windows at 726 Iowa Avenue, as proposed, in keeping with the spirit of Section 3.3, exceptions for non-historic properties, since this is a non-historic garage that is not part of the landmark primary building. Michaud seconded the amendment. The motion carried on a vote of 7-1, with Brennan votine no. Swaim volunteered to do some research on how other communities handle these types of issues. 919 East WashinQton Street. Terdalkar said the applicant for this certificate of appropriateness requested deferral of this item. The consensus of the Commission was to defer this item indefinitely. 822 Rundell Street. Terdaikar stated that this is a contributing structure in the Clark Street Conservation District. He said the application is to replace nine of the existing wood windows on the house with vinyl windows. Rebecca Routh, the owner of the house, said she moved into the house in June and loved the historic neighborhood. She said that nothing was said to her at the time that the Historic Preservation Commission would have to approve the windows. Routh said she was concerned about the state of the windows when she moved in and was unaware when she ordered the windows from Sears that the windows had to be approved. Routh said the salesman suggested casement windows, because they are less expensive, but she wanted to preserve the look of the windows, although she did choose the less expensive option of vinyl. She said that the panes and screens on the windows are broken, and she is unable to open about 2/3 of the windows because of the swelling. 9 Historic Preservation Commission September 14, 2006 Page 10 Weitzel said that the Commission specificaliy disallows vinyi windows on contributing structures and in general, without exception, unless there are extenuating circumstances. He pointed out that there are numerous other replacement-type windows, and the Commission allows wood or aluminum-clad wood. The Sears guy asked if vinyl windows are allowed anywhere on the house. Terdalkar said that basement windows are allowed to be vinyl-clad windows but only on non-contributing structures. Michaud asked if these windows have been ordered or installed or both. The Sears guy said that the owner has placed an order for the windows, and they have arrived but not been installed yet. He said that the windows were built for this home. Terdalkar said that he discussed the guidelines with the Sears representative, Jennifer Stanley. Terdalkar said he provided her with of the web link for the guidelines and the application, and she does know that the guidelines apply to all of these applications. Terdalkar said that when he received the application, he again called to let another representative know that vinyl windows are not allowed. MOTION: Swaim moved to approve a certificate of appropriateness for the project at 822 Rundell Street, as submitted. Ponto seconded the motion. Ponto said that this is much more clear cut as far as what the guidelines do and do not allow than the previous application. Brennan agreed it is clear that this is not allowed. He suggested the owner contact her real estate agent and let him know about this. Brennan said that because this is an ordinance and not something in the title to the property, it is not really the seller's obligation to inform a buyer of this, but the buyer's representative in the process would want to be aware of all the pertinent laws that cover it. Weitzel said that even if the owner is not aware of a designation, he is still required to treat the historic property properly. Swaim asked if the windows were custom built to specific sizes for this house. The Sears guy confirmed this. He said that Sears only sells vinyl windows. Weitzel said that vinyl windows are not allowed by the Secretary of the Interior Standards, and the National Trust for Historic Preservation cites all kinds of reasons why vinyl windows are inferior to wood windows. Swaim said this is another case where the word has to get out before changes are made. Terdalkar said that this year, besides letters to property owners, we have sent letters to the real estate agents in town. Terdalkar said the guidelihes first recommend repair of the windows, and if not reparable, recommend replacement of the sashes, and the windows with wood. He said the commission has also allowed metal- clad windows. Weitzel encouraged the owner to work with Terdalkar regarding window contractors and window products. The motion failed on a vote of 0-8. 520 Grant Street. Terdalkar distributed a page that was missing from the packet regarding option two for the porch on this project. He said that this is a contributing structure in the Longfellow Historic District. Terdalkar said the Commission discussed this project in April, and it was deferred at that time to allow for revisions from the applicant. He said that at that time, the Commission approved the replacement of the aluminum siding on the house with fiber cement board, although the Commission asked the applicant to investigate the possibility of maintaining the wood underneath. Terdalkar said the applicant is proposing two options: one is to construct a porch across the full length of the structure in front, and the other is to build a smaller portico and also includes the construction of a building about the full length of the building in the back, a deck with a screened porch about 14 feet by 12 feet in the footprint, and installing actual windows in the existing screened porch, which currently uses storm windows. He said that part of the screened porch is set back, and the deck is not set back. 10 Historic Preservation Commission September 14, 2006 Page 11 Ben Lewis, the owner of the house, said that he received an insurance claim for damage to the siding as a result of the hailstorm two years ago. He said that the aluminum awning on the building is beaten up and has a big hole in it; he thought it was put on in the 1960s when the siding was installed. Lewis said that 85 to 90% of the houses on the street have front porches of some type, and he felt that a front porch would be really practical, particularly because the front entrance is the main entrance to the house. Lewis said the full front porch idea came from a magazine that showed a full front porch on a house that is identical to his. He said he thought that would give a little more space, although he is not tied to the idea of the posts or stones or anything like that. Lewis said the preferred option would be to have the porch go the full length of the house. He said he has discussed this with Terdalkar, who came up with the portico option. Lewis said that would be the biggest change to the house; the deck and the porch in the back are not hugely significant to him. Weitzel said there is a stairway leading from the garage up into the screened porch and asked if there are details planned for the railing. Lewis said that he did not have specific plans but thought the style of the railing should match what exists there now. Weitzel asked how many steps are there. Terdalkar said there appear to be five risers. Weitzel said that in that case, HIS would require a building rail according to the universal building code. Terdalkar said it would need to be something grippable to meet the dimensional requirements. He said that it can be added to the existing railing or part of the handrail. Weitzel said that something in the style of what is there iooks like it would comply. Michaud asked what the deck level of the screened porch would be. Lewis replied that it would be level with the door bottom. Michaud said that she likes the full front porch look and understand the desire to optimize the space. Terdalkar said that proposal was deferred at the April meeting, because the Commission did not feel the full porch would be compatible with the style of the house. He said that as the applicant was not able to attend the meeting, the Commission deferred the application to allow the owner to come up with an alternative. Terdalkar said that generally these Cape Code style houses would not have a large front porch, instead they have just an enhanced entry way or a small portico to guard the entry way, which is similar to option two. He said that additions for this type of house are generally built on the side, similar to the existing screened porch addition to this house. Terdalkar said that the site constraints don't allow for another addition on the side; therefore staff believes that it should be allowable to build a front porch but not a full- width porch. McCormally said that he has seen Cape Cods with full porches on the front before. He asked Terdalkar to elaborate on that. Terdalkar said that if a front porch is included in the plan for a Cape Cod, it is included within the main footprint of the house. He said it is built as a recessed porch within the main building. Terdalkar said that this house would require major roof renovations in order to make it work. Weitzel said this house was built in the 1930s. He said that the sun porch was built with the house originally, as was determined previously. Terdalkar agreed and said that is the compatible way to enlarge this house. McCormally said he believed that an addition on the front of some sort would make the house more attractive. Terdalkar said that if it can be done to serve the needed function and is compatible with the style of the house that would be the way to do it. He recommended the second option. Terdalkar said that in this neighborhood, many of the houses built during this time were from mail order catalogues like Sears Modern Homes. He said that book included a model showing porches of many styles, one of which shows a front-gabled porch with a pitch to match with the main roof. Lewis said there are several houses in Iowa City with an enclosed porch with one of these gables, but he doesn't think they look good. He said he took Terdalkar's suggestion and found one that he thought he could use. 11 Historic Preservation Commission September 14, 2006 Page 12 Lewis asked if anyone knew how much more expensive the full width of the house porch would be. Weitzel said that would require the redesigning of the roof, and that would be terribly expensive. Lewis said he was okay with the smaller option. Gunn said the bigger porch would cost three to four times as much as the smaller porch. Weitzel said he believes the smaller porch would fit the function in that it would be a cover over the door. Michaud asked if the porticoes would have a flat roof. Weitzel said it would be pitched inside - like a small hip. Gunn said this would be about a 3:12 pitch. Terdalkar said that, depending on the height of the porch and the eaves of the main roof, it could have a 2:12 pitch or a 3:12 pitch. Michaud asked if there is already a room on the other side of the house. Terdalkar showed the existing screened porch with the deck that is there now. Weitzel asked if the proposal is to change out the windows. Lewis confirmed this. He said that he wants to keep the style and keep the windows exactly the same size. Lewis said he had thought about doing some type of addition on the back, because he needs some additional space in the house. Lewis said that structurally, he has to fix the walls and the windows on this room in any case, because the wood below the windows is rotting. He said the idea would be to make the room more weatherproof. Michaud asked about the windows in the screened porch. Terdalkar said that they are like storm windows. He said that they need rebuild the framework for the porch structure to install windows. Weitzel said that with that much giass, this would always be a three-season porch - that it would be hard to make the room weather tight. Weitzel said that what is before the Commission is a porch on the front of the house, a deck on the back, a screened porch on the back, and a proposal to redesign the sun porch to be able to hold windows. He said that it is not a window replacement really, because it is changing the structure to hold windows that are functionally different than what is there now. Lewis said the contractor has stated that one can get windows that look just like the ones that are there. He said that they operate like storm windows now. Weitzel suggested holding off on the screened porch. He said there are ways to make it work, but it would be involved, and the owner might want to discuss it with his contractor and Terdalkar before the Commission reviews it. Lewis said he was putting it out there to find out if it would ever be a possibility. MOTION: Gunn moved to approve the application for a certificate of appropriateness for the project at 520 Grant Street, as submitted, using option two for the front porch instead of option one, but including parts three and four, with details to be approved by staff or submitted to the Commission in a subsequent application. McCormally seconded the motion. The motion carried on a vote of 8-0. 923 Dearborn Street. Terdaikar stated that this is a non-contributing property in the Dearborn Street Conservation District. He said the application is to install two skylights on the house, one each on the north and south sides of the roof. Terdalkar said that the skylights would be approximately two feet by three feet. Weitzel said the Commission recently approved other work on this house. Terdalkar confirmed that a rear addition was approved last year and is completed. Weitzel said the Commission didn't find the house to be of a significant type or style. MOTION: Swaim moved to approve a certificate of appropriateness for the project at 923 Dearborn Street, as submitted. Gunn seconded the motion. The motion carried on a vote of 8-0. 609 Brown Street. Terdaikar said that this is an application for a certificate of appropriateness for a fence, because it would be over six feet high. He said the original application was to build a ten-foot tall fence, which is not permitted by the Code; the maximum fence height permitted by the Code is eight feet. 12 Historic Preservation Commission September 14, 2006 Page 13 Terdalkar said the applicant was asked to revise the height, or the applicant could have attached it to the house, and effectively called it a wall extension. However such a 'wall' is required to have a proper foundation. He said the applicant therefore decided to iower the height of the fence to eight feet, and that is the application in front of the Commission. Terdalkar said that the work was started without a permit and had to be stopped. He said the applicant now pians to reduce the height of the fence. Ponto said that he wants to report 'ex parte' communication as the owner had contacted him to ask for his opinion on this. Ponto said he informed him that he could not speak for the Commission and suggested he speak with Terdalkar. Ponto said the owner wanted a fence of six feet or less but where it meets the house, have it match the roof pitch and the rafter tail details, and he wanted it high there for a privacy screen, because the neighbors' dining room window looks directly into his back door. Gunn suggested that the owner consider using plantings for a privacy screen. Gunn asked about the door in the proposal. Terdalkar said that is the door within the fence, but it is not attached to the house, although it is very close to the house. Gunn asked if the door is part of the application, and Terdalkar confirmed this. Swaim asked if it is the L-shaped doorway that the Commission is reviewing. Terdalkar confirmed this, saying that because the western section of the fence is only six feet high it is not part of the review. He said that only the taller section of the fence, which would essentially be a doorway, is under review. Michaud asked if nine inches or so could be taken off the rafter so that the notch would be removed. Ponto said that the notch matches what is existing on the arts and crafts house. MOTION: Gunn moved to approve a certificate of appropriateness for the revised plans, as submitted, for the project at 609 Brown Street. Swaim seconded the motion. The motion carried on a vote of 8-0. 805 East Washlnaton Street. Terdalkar stated that this is a contributing structure in the College Hill Conservation District. He said the Commission is reviewing the rebuilding of a garage on the property that was damaged significantly in the recent tornado. Terdalkar said the applicant explained to him that he wanted to rebuild the garage as it was, but the proposed drawing does not show that. Terdalkar showed a photograph of the garage as it was the day after the tornado. He said that the wall on the side of the house and the roof collapsed, so the owner had to take down the structure because much of it was unstable. Terdalkar said the owner did save much of the brick. Terdalkar pointed out that a detail on the previous garage that is unique to the garage is not included in the plans. He said it matches the pitch of the house roof on the dormer, and it is in style with the craftsman details on the house. Terdalkar said there is a possibility that the garage was built at the same time or right after the house was built. Terdalkar said this application was submitted for HRDP Emergency Grant, and at that time, it was determined that the house and the garage together wouid be eligible for a National Register property. He said this was one of the houses built by a builder named a.H. Carpenter. Terdalkar said he believes this was a matching garage, and therefore, details similar to that on the house and the original garage should be used for new garage. He said that it had a detailed parapet and some crenellation, and these details can be repeated with the brick that has been salvaged. Terdalkar said that if the garage needs to be widened to allow for parking a vehicle, that could be done, so that there is room to revise this plan. He said he suggested that possibility to the owner, who wanted to submit something new, but that has not yet been done, possibly because the owner lives out of town. Terdalkar suggested that the Commission defer this, since the owner has not yet provided a response. He said the owner has been very cooperative about rebuilding the house. 13 Historic Preservation Commission September 14, 2006 Page 14 The consensus of the Commission was to defer consideration of a certificate of appropriateness for the garage at 805 East Washington Street. MINUTES FOR AUGUST 10, 2006 MEETING. . The consensus of the Commission was to file the minutes of the August 10, 2006 meeting, as written. OTHER: Weitzel said that the window restoration workshop would be held Saturday at 1 :00 p.m. at the Craft Guild Building at 815 Oakland Avenue. He said that a PIN grant is being used to sponsor the seminar regarding re-glazing and weather stripping of windows. Weitzel stated that after the last meeting, he discussed holding the awards ceremony this fall with Helen Burford. Terdalkar said that Buford is reserving a room in the Library for the ceremony for late November or early December. Terdalkar said that a subcommittee is being formed for the National Trust and Friends of Historic Preservation Grant. He said that Michael Maharry and Mike Haverkamp will be on the subcommittee, and possibly two people from the Historic Preservation Commission will be needed for the subcommittee. Terdalkar said the subcommittee will be working on a timeiine for the awards, as well as doing the awards themselves and providing a response to the National Trust as to what was done with the money. Terdalkar said that ten applications have been received so far. He said the funds consist of $5,000 from the National Trust, as well as a $5,000 match from Friends of Historic Preservation. Weitzel said that he thought the work could be done in a few hours. He said that the subcommittee would be deciding which projects should get funding and how much each should get. Gunn volunteered to' work on the subcommittee but said that he could not attend a meeting during the day. Terdalkar said he would send an e-mail to Commission members regarding the subcommittee meeting date and time so that members could decide if they would be willing to attend. He said that he would also put the applications on the website. Terdalkar said that there was a suggestion from a professor in the Planning Department to invite the Chair of the Sioux City Historic Preservation Commission, who is also the Chair of the Sioux City Economic Development Committee, to arrange for her to give a public address. Terdalkar said that she was going to be in town the first week of October to give a lecture to students. Weitzel asked Terdalkar to coordinate that with Burford to ensure that it is advertised. Terdalkar said that there would be a statewide preservation conference in Dubuque on Friday and Saturday and asked if anyone would like to attend. Weitzel said that he was interested but he could not. Terdalkar said that a CLG application was submitted for the Manville Heights Survey. He said that there had to be approval for the resolution, and the City match for this would be about $8,000. Weitzel said the City Council has expressed concern that this not become another Gilbert/Linn Street issue. Terdalkar said the project timeline was revised per City Council direction to state that the designation recommendations and nomination papers will be sent to the SHSI office after review and approval by the City Council. He added that the City Council has also directed to notify property owners by certified mail about such designation. Weitzel asked if that can be done as part of the informational meetings, and Terdalkar confirmed this but all the property owners affected by this action will receive individual letters. Swaim asked about the second round of HRDP Emergency grants. Terdalkar said that the SHSI office has not announced it yet, as the contracts from the first round have been finalized or signed yet. 14 Historic Preservation Commission September 14, 2006 Page 15 Terdalkar said that after the long process of asbestos abatement, the sorority building at 828 E. Washington Street is to be demoiished in the next week or two. Swaim asked about the house at 17 South Governor. Terdalkar said he has drafted a follow-up memo/petition to HIS to investigate why the house has not yet been stabilized. Michaud asked about 903 Iowa Avenue. Terdalkar said that the building has been stabilized and boarded up, and they are working on some smaller repairs. He said the owner is working with the insurance company on some issues and is also doing some work on the property. ADJOURNMENT: The meeting was adjourned at 8:59 p.m. Minutes submitted by Anne Schuite pcd/minutes/hpcJ2006/09.14-09.doc 15 I Historic Preservation Commission Attendance Record 2006 Term Name Expires 01/19 0219 02/22 03/16 04/13 04/27 05/04 05/11 05/18 OS/25 06/08 06/22 07/13 07/27 08/10 09/14 00/00 E. Baker 3/29/09 -- -- -- .- -- -- -- -- -- -- X X X X X X X X OlE X X M. Brennan 3/29/08 X X OlE OlE X X X X X X X X 0 X OlE X R. Carlson 3/29/07 X X X X X X X X X X X X X X OlE OlE J. Enloe 3/29/06 X X OlE OlE -- -- ---- -- -- -- -- -- -- -- .- ---- -- -- -- -- -- -- -- -- -- -- M. Gunn 3/29/07 X X X X X X X X X X X X X X X X M. Maharry 3/29/08 X X X X X X X OlE X OlE X -- -- -- -- -- -- -- -- -- -- M. McCallum 3/29/06 X X X X -- -- -- -- -- -- -- -- -- -- -- -- ---- -- -- -- -- -- -- -- -- -- -- J. McCormally 3/29/08 -- -- -- -- -- -- -- -- -- -- ---- -- -- -- -- .--- -- -- ---- ---- -- -- -- -- ---- X P. Michaud 3/29/09 ---- -- -- ---- -- -- ---- ---- -- -- ---- -- -- X X X X X X X 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 X X X X M. Schatteman 3/29/09 ---- -- -- -- -- -- -- X ---- -- -- ---- -- -- -- -- ---- -- -- -- -- -- -- ---- -- -- G. Swaim 3/29/09 -- -- -- -- -- -- -- -- ---- -- -- -- -- ---- -- -- X X X X X X X I T. Toomey 3/29/09 X X X X 0 ---- -- -- ---- ---- -- -- ---- -- -- -- -- -- -- -- -- ---- 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 X X X X Key: X = Present o ~ Absent OlE ~ Absent/Excused NM ~ No Meeting I -- -- ~ Not a Member I I