HomeMy WebLinkAbout2015-07-27 Bd Comm minutes.-. -4 CITY OF IOWA CITY 3 )
MEMORANDUM
Date: July 21, 2015
To: Mayor and City Council
From: Staff Member of Citizens Police Review Board
Re: Recommendation from Citizens Police Review Board
At their June 16, 2015 meeting the Citizens Police Review Board made the following
recommendation to the City Council:
(1) Accept CPRB Forum Summary
(2) Accept CPRB Report on Complaint #15-01
Additional action (check one)
X No further action needed
Board or Commission is requesting Council direction
Agenda item will be prepared by staff for Council action
S:RECform.doc
FINAL/APPROVED
CITIZENS POLICE REVIEW BOARD
MINUTES —June 16, 2015
CALL TO ORDER: Chair Melissa Jensen called the meeting to order at 5:42 P.M.
MEMBERS PRESENT: Fidencio Martinez, Joseph Treloar
MEMBERS ABSENT: Royceann Porter, Mazahir Salih
STAFF PRESENT: Legal Counsel Pat Ford and Staff Kellie Tuttle
STAFF ABSENT: None
OTHERS PRESENT: None
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB Forum Summary
(2) Accept CPRB Report on Complaint #15-01
CONSENT CALENDAR
Motion by Treloar, seconded by Martinez, to adopt the consent calendar as presented or
amended.
• Minutes of the meeting on 05/20/15
Motion carried, 3/0, Porter and Salih absent.
OLD BUSINESS
Community Forum — A second draft of the forum summary was handed out at the meeting.
After review there were no changes by the Board.
Moved by Martinez, seconded by Treloar, to forward the forum summary to the City Council.
Motion carried, 3/0, Porter and Salih absent.
NEW BUSINESS
None.
PUBLIC DISCUSSION
None.
BOARD INFORMATION
None.
STAFF INFORMATION
None.
CPRB
June 16, 2015
Page 2
EXECUTIVE SESSION
Motion by Treloar, seconded by Martinez to adjourn into Executive Session based on Section
21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by
state or federal law to be kept confidential or to be kept confidential as a condition for that
government body's possession or continued receipt of federal funds, and 22.7(11) personal
information in confidential personnel records of public bodies including but not limited to cities,
boards of supervisors and school districts, and 22-7(5) police officer investigative reports,
except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications
not required by law, rule or procedure that are made to a government body or to any of its
employees by identified persons outside of government, to the extent that the government
body receiving those communications from such persons outside of government could
reasonably believe that those persons would be discouraged from making them to that
government body if they were available for general public examination.
Motion carried, 3/0, Porter and Salih absent. Open session adjourned at 5:51 P.M.
REGULAR SESSION
Returned to open session at 6:11 P.M.
Motion by Treloar, seconded by Martinez to dismiss CPRB Complaint #15-01 and forward the
Public Report to City Council.
Motion carried, 3/0, Porter and Salih absent.
Motion by Treloar, seconded by Martinez to set the level of review for CPRB Complaint #15-02
to 8-8-7 (13)(1)(a), On the record with no additional investigation.
Motion carried, 3/0, Porter and Salih absent.
TENTA
• July 14, 2015, 5:30 PM, Helling Conference Rm (Rescheduled to July
• July 20, 2015, 5:30 PM, Helling Conference Rm
• August 11, 2015, 5:30 PM, Helling Conference Rm
• September 8, 2015, 5:30 PM, Helling Conference Rm
• October 13, 2015, 5:30 PM, Helling Conference Rm
Motion by Jensen, seconded by Martinez to reschedule the July meeting to Monday, July 20th
at 5:30 P.M.
Motion carried, 3/0, Porter and Salih absent.
ADJOURNMENT
Motion for adjournment by Treloar, seconded by Martinez.
Motion carried, 3/0, Porter and Salih absent.
Meeting adjourned at 6:14 P.M.
CITIZENS POLICE REVIEW BOARD
(Formerly Police Citizens Review Board)
ATTENDANCE RECORD
YEAR 2014-2015
(Meeting Date)
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
TERM
8/26
9/15
10/13
11/10
11/25
12/3
12/8
12/29
2/10
3/10
4/7
4/28
5/20
6/16
NAME
EXP.
Melissa
9/1/16
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Jensen
Joseph
9/1/17
X
X
X
X
X
O/E
X
X
X
X
X
O/E
X
X
Treloar
Royceann
9/1/16
X
O
X
O
O
X
X
X
O
X
X
X
O
O/E
Porter
Mazahir
9/1/17
O
X
X
X
X
X
X
O/E
X
O/E
X
X
O/E
O
Salih
Fidencio
9/1/15
---
---
---
X
X
X
X
O/E
X
X
O
X
X
X
Martinez
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
CITIZENS POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
June 16, 2015
Iowa City City Council
City of Iowa City
410 East Washington St
Iowa City, Iowa 52240
Re: Citizen Police Review Board Annual Community Forum
The Iowa City Citizen Police Review Board (CPRE) held the annual Community Forum, Tuesday, April 28,
2015 at 6:00 p.m. Members at the forum were Melissa Jensen (Chair), Royceann Porter, Mazahir Salih,
and Fidencio Martinez. Legal counsel Pat Ford was also present. Joe Treloar (Vice Chair) was absent.
The forum opened with a roll call vote and an introduction of members. No correspondence was
received for the forum. Jensen shared there was information was available in the back of the room
including brochures, both in English and Spanish, as well as complaint forms. There was a brief overview
of the CPRB given, along with an update on the video soon to be available.
Following the above, Jensen opened up the forum for public discussion. Julie VanDyke, Fatima Omar,
Brianna Gore, Robert Smith, Adam Sullivan, Shawn Gerden, Heidi Kuchata, Harry Olmstead, Joseph Hall,
Laticia McDaniel, Tessa Heeren, and Annie Tucker (all from Iowa City) spoke.
Questions and concerns raised at the Forum are addressed below.
1. Community member asked for clarification on the responsibilities and authority of the Citizen Police
Review Board.
Established in 1987, by ordinance #97-3792, the Iowa City Citizen Police Review Board (CPRB)
consists of five members, appointed by the City Council. The CPRB has its own legal counsel. The
Board was established to review investigations into claims of police misconduct, and to assist the
Police Chief, the City Manager, and the City Council in evaluating the overall performance of the
Police Department by reviewing the Police Departments investigations into complaints. The Board is
also required to maintain a central registry of complaints and to provide an annual report setting
forth the numbers, types and disposition of complaints of police misconduct. The Board holds at
least one community forum each year for the purpose of hearing citizen views on policies, practices
and procedures of the Iowa City Police Department. TO achieve these purposes, the Board complies
with Chapter 8 of the Iowa City Code and the Board's By -Laws and Standard Operating Procedures
and Guidelines. The Board has limited powers under City and State law, and has no authority over
criminal mattes or discipline.
2. A concern was expressed about the use of repurposed military equipment, particularly "MRAP's.
MRAP or Mine Resistant Ambush Protection is a term for vehicles that were originally designed to
withstand IED's and ambushes, or allow occupants to survive gunfire. Johnson County Sheriff
Department has a MRAP that can be utilized or deployed by any local law enforcement agency or
the Emergency Management Agency for emergency and disaster responses and for a variety of
public safety missions.
According to the Iowa City Police Department, the MRAP has been utilized only for high risk
situations. Permission must be obtained and there has to be a high risk of a firearms encounter.
The department does have a Special Response Team (SRT) and they do have weapons and tactics
that are above the skill set of the average police officer. These officers train constantly and are
highly disciplined for the sole purpose of minimizing the risk to themselves and the potential rescue
of an innocent member of the community should there be an armed encounter.
There was discussion on the use of body cameras. In checking with the Iowa City Police
Department, body cameras have been ordered and delivery is expected very soon. An exact date
for delivery is unknown. The policy regarding the use of video cameras will be supplied to the City
Council and public prior to implementation. The ACLU and City Legal provided assistance in the
drafting of the policy.
4. A couple community members shared personal belief and expressed concern about the perception
of racial disparity and profiling.
5. Other concerns expressed were regarding diversity in the police department, and the need to
address human slave trade.
At the conclusion of comments from the public, the Board thanked the audience for their input. Jensen
called for the meeting to be adjourned.
Melissa Jensen
Chair
Citizen Police Review Board
Additional Resources:
Iowa City City Code — Chapter 8 — Citizen Police Review Board:
To view the City Code online, go to www.icgov.org. Go to Government, select City Code, Title 8,
Chapter 8.
Citizen Police Review Board — Website Information:
General information about the Board and its current members is on the main webpage. To
access board packets, the complaint form, forum summaries, public complaint reports, and
annual reports, click "More Information Available" on the main webpage. To view information
online, go to www.icgov.org, Government, select Board & Commissions, Citizen Police Review
Board.
Iowa City Police Department General Orders:
Wide ranges of written directives guide members of the Iowa City Police Department. These
directives range from Federal. State, and Local laws or Codes to Memorandums, which identify
the manner in which the department does its business. Included in these directives are the
General Orders of the Iowa City Police Department.
General orders provide guidance to officers in how to handle a variety of different situations.
While they may provide specific recommendations, they are not necessarily intended as a step
by step guide, but more as a "how to conduct business" reference, for members of the
department. The orders are divided into multiple general headings ranging from Personnel to
Operations. To view information online, go to www.ic.gov.org, Police Department webpage,
select General Orders from the list on the left side of the page.
Iowa City Diversity Initiative:
In June 2012, the Iowa City City Council established the Diversity Committee which was
formulated to serve as an ad-hoc council committee to review issues relating to diversity within
the City organization. The Equity Director is appointed by the City Manager, the Equity Director
serves as advisor to the City Manager on issues of equity and diversity, and coordinates the
City's efforts and initiatives with regard to education, customer service, partnerships, and
publishing an annual comprehensive equity report. To view information online, go to
www.iceov.ore. Human Rights, Diversity Initiative.
Johnson County MRAP Fact Sheet:
See attached.
JOHNSON COUNTY MRAP FACT SHEET
What does MRAP stand for? Mine Resistant Ambush Protection.
What is an MRAP (an armored vehicle)? It is designed to allow its occupants to survive gunfire of any
caliber and to allow for the survival of its occupants from either a rocket propelled grenade, a pipe
bomb, a car bomb or for that matter against any type of explosive charge.
Who made it? The Federal Government bought MRAPs from two United States companies, Oshkosh and
BAE Industries (formerly known as Armor Holdings). Johnson County and several Iowa counties have a
Caiman MRAP Variant which was built by BAE Industries in Sealy, Texas. It was used by the U.S.
Department of Defense as an armored troop transport to get people out and back alive during conflicts.
There are many different variants, but this is what this model of MRAP did when the U.S. Army originally
owned it
Does it have any offensive weapons? No! The Federal Government 1033 Program removes the only
offensive weapon system that was originally installed on top of it. That system was used by the military
for counter assault when the vehicle came under attack. It also removed the night vision,
communications, active armor that was used to counter rocket propelled grenades the ballistic turret
and gun mount systems. Offensive weaponry is always removed by the Federal Government prior to
releasing any MRAP to law enforcement agencies nationwide.
How old is the Johnson County MRAP and what are the specs? The U.S. Department of Defense
required upgrades to all MRAPs to meet the latest technology before the conclusion of the wars in
Afghanistan and Iraq. The Johnson County MRAP was factory rebuilt to "like new" condition in February
2013 and early 2014. At that time, the data plate was updated to reflect its entirely new drive train,
power plant/engine and new front engine; mechanically, all but the crew area has seen upgrades. (See
photo below). The MRAP has six new run flat tires, ten new seats and new spare parts including
additional tires. It has an emergency light and siren/p-a system, a large spotlight mounted on the roof,
and a backup camera. All told, the MRAP can haul 10 people in seats with additional room in the
center, and it is capable of transporting two additional people lying flat on a stretcher. In addition to
being a 6 -wheel -drive vehicle, the MRAP has a CTIS or central tire inflation system that allows for air
adjustments for snow, sand, mud or highway driving and inflates and deflates or refills air in and out of
each tire as needed for the different modes. It has a 110 power -inverter and both a 12 -volt and 24 -volt
system and a new recovery winch on the front. It uses a commercial Caterpillar C7 diesel 6 cylinder
engine and Allison transmission, both of which have readily available parts that can be obtained locally
and through dealers.
How was it acquired? It was obtained as a Federal Property Transfer which means it wasn't purchased
by a local agency; instead it was transferred from a Federal agency to a local law enforcement agency.
The program is open to only law enforcement agencies and is called the LESO 1033 Program.
Who owns it? The short answer is the Johnson County Sheriff's Office; however, it is a shared
countywide resource much like the special response vehicles such as the Countywide Bomb Truck, and
the Countywide Haz Mat Truck. These vehicles, along with the MRAP, are all covered by the Emergency
Management Commission for liability insurance. The MRAP has been signed over to the Johnson County
Sheriff's Office, but once it is at the end of its useful life, it must be returned to the Department of
Defense for disposal.
What does it cost to insure per year? Since the MRAP can be returned to the Federal Government in
any condition at its end of its useful life, the MRAP is only covered for liability insurance. The cost to
cover liability insurance for 12 months is presently $270.00 through ICAP municipal insurance carrier
and is insured on the policy carried by the Johnson County Emergency Management Commission.
What did the Federal Government pay for it originally? The cost to U.S. Department of Defense new
was $733,000.00
What did it cost locally to get it and make it so it was useful to Johnson County? Local costs to date
were covered using local drug forfeiture or "seizure" funds. This included shipping it on a flatbed semi
from the BAE Plant in Texas to Johnson County for $3,500.00 and it was painted tactical black instead of
the original military sand brown color. That cost was just over $5,000.00 and there were also costs for
adding a backup camera and emergency lights to it. The total covered by seizure funds split equally from
the drug taskforce member agencies is right at $13,000.00 which even included the fuel it has used and
the fees for instructor operator training.
Why get it? It was acquired as a Defensive Vehicle. It has no weapons systems, gun mounts or a turret
on it. It allows officers to save lives and safely remove wounded persons as well as deflect the blasts
from bombs. Pipe bombs (which are not uncommon) will have little impact on this vehicle. Parking this
vehicle on or near a volatile situation will provide shielding until bomb team professionals can come and
safely remove a hazardous device. The MRAP will also allow officers to go into hostile situations
reducing the risk of being shot and would allow safe rescue of citizens from gunfire situations. Johnson
County is not immune to shootings and other dangerous situations. Since its primary use is for hostile
active shooter or explosive device situations, it is basically a ballistic shield on wheels for up to 10 seated
occupants and is capable of transporting 2 medical stretchers patients lying flat for use in transporting
wounded or injured people. The MRAP can also be used in natural hazards. Johnson County as recently
as 2011, had winter storms so severe that 4x4s and HUMVEES got stuck. Deep snow or high water
events, where ground clearance and mobility are a problem for standard four wheel drive vehicles, can
now be handled with the acquisition of the MRAP.
What are its uses? It can be utilized or deployed by any local law enforcement agency or the Emergency
Management Agency for emergency and disaster responses and for a variety of public safety missions.
In fact, during the 2014 summer floods its first call out was to rescue people from their flooded property
south of Hills. The area in question had no way to get a boat to the residence but yet the water was too
deep for a standard 44 patrol truck to respond to. Therefore a deputy in a lifejacket and waders with a
rescue tether was used as a spotter to make sure the vehicle stayed on the hard surface of the roadway
and led the MRAP operator and team to complete the rescue. The truck made its way through waist
high water at the deepest point to access the properties and allow the people to evacuate their
residence in the safety of the vehicle. The story was covered by KCRG TV and is available on their
website.
How much does it weigh? After removal of all the non -useful mounts and other non-essential items,
Iowa DOT motor vehicle officials determined the following:
Left Side Right Side Total
Axle 1 9,700 lbs. 9,100 lbs. 18,800 lbs.
Axle 2 8,700 lbs. 8,500 lbs. 17,200 lbs.
Axle 3 8,600 lbs. 8,100 lbs. 16,700 lbs.
Total Vehicle Weight is: 52,700 lbs.
So how does that compare to other vehicles on the road?
Here are the weights of some common vehicles you will see in Johnson County. A fully loaded tandem
axel Johnson County Secondary Roads dump truck hauling a load of gravel or sand weighs in at 65,000
lbs. loaded, a fire department ladder truck, like the one Iowa City Fire Department calls Truck 1, weighs
in at 73,400 lbs., and a standard fully loaded cement truck weighs about 70,000 lbs. The MRAP is slightly
lighter than these types of trucks and has similar fuel standards at about 5-7 miles per gallon of diesel
fuel.
Are the drivers trained? Yes, drug seizure funds were used to hire a U.S. Army Reservist to teach the 24-
hour MRAP operator course to members of various local public safety agencies that had experience in
driving large trucks or had prior military experience. Though not required, most operators have Class -A
drivers licenses with airbrake endorsements. Many had driven similar or sometimes even the exact
same trucks in the military. Presently eight people are MRAP operators. Operation and maintenance
manuals were provided to the mechanics and the drivers who operate it by the government.
Can it go anywhere? No! Every vehicle has its limitations and part of the 24-hour driver training and
safety course required for MRAP driving certification took the trainees to the Iowa City landfill with the
purpose of teaching them its limitations and what gets it stuck and what it can get through. It is a 6x6 all
terrain high ground clearance vehicle with a heavy duty recovery winch on the front of it. The high
ground clearance combined with the 6 -wheel -drive capability plus the vehicle weight, allows it to go
through deep snow, water, some dirt and mud etc.
Has it ever been stuck since we got it? Yes, twice intentionally at the landfill and it was pulled out with
a bulldozer both times. This was to allow operators to see what it can and can't do and its limitations.
Also during training, one operator pulled over on the shoulder of a gravel road to switch drivers and the
truck sank into the soft shoulder and had to be pulled out by a towing company. That towing bill was
also paid for using drug seizure funds. Though it was an unplanned incident it also proved to be a
valuable lesson to the operators taking the course. The rut was re -graded after the truck was pulled
free.
Who else has them? There are 15 MRAP or armored vehicles used by public safety agencies in Iowa.
Below is the list as of August 2014.
Station Name (LEA)
Item Name
Quantity Model
JOHNSON COUNTY SHERIFF DEPT
MPAP
1 6x6 Caimen MRAP
BLACK HAWK COUNTY SHERIFF DEPT
MRAP
1 6x6 Caimen MRAP
MUSCATIPE POLICE DEPT
MRAP
t 6x6 Caimen MRAP
SIOUX CITY POLICE DEPT
MRAP
6x6 Caimen MRAP
MARSHALLTOWN POLICE DEPARTMENT
IAPAP
t 6X6 Caimen MRAP
STORM LAKE POLICE DEPT
MRAP
6x6 Caimen MRAP
JASPER COUNTY SHERIFF DEPT
MRAP
6x6 Caimen MRAP
WASHINGTON POLICE DEPT
MRAP
1 6X6 Caimen MRAP
MASON CITY POLICE DEPTMRAP
6x6 Caimen MRAP
STORY COUNTY SHERIFF'S OFFICE
MRAP
_
._
6x6 Caimen MRAP
BUENA VISTA COUNTY SHERIFF'S OFFICE
MRAP
4X4 OSHKOSH MAX PRO
SCOTT COUNTY SHERIFF'S OFFICE
MRAP
6X6 MRAP RG33
WATERLOO POLICE DEPT
LENCO BEARCAT
Lenco Bearcat
DES MOINES POLICE DEPT
LENCO BEAR
1 Lenco Bear
LeMars POLICE DEPT
PEACEKEEPER
PEACEKEEPER
Can we see photos?
Data Plate below:
Rear crew compartment with 4 seats per side. The stretcher mounts are in between seats and swing
down when needed and up out of the way when not in use
Inside up front with portable radio mounts, antenna connections, the siren/pa box, and the backup
camera monitor shown
Picture of the side and front of it below with winch and spotlight shown
April 28, 2015 Citizens Police Review Board Annual Community Forum Page 1
Board Members Present:
Board Members Absent:
Staff Present:
Melissa Jensen (Chair), Royceann Porter, Mazahir Salih, Fidencio
Martinez
Joseph Treloar
Pat Ford (legal counsel)
CALL TO ORDER & ROLL CALL:
Jensen/ Okay, if we could go ahead and like to call the meeting to order. Um, first off I gotta do
roll call. So ... Joe Treloar is our Vice Chair and he's absent. Fidencio Martinez.
Martinez/ Present.
Jensen/ Royceann Porter.
Porter/ Present.
Jensen/ Mazahir Salih.
Salih/ Here.
Jensen/ And Pat Ford.
Ford/ I'm here as well.
Jensen/ Thank you very much!
INTRODUCTION OF BOARD & BRIEF OVERVIEW:
Jensen/ Okay, um, just a really quick overview for the folks in attendance. Sorry about that!
Have to remember to speak into the microphone. Um, we're going to do just a quick
introduction of the Board Members. So ... if you don't know some of the Members, you
can learn who they are and... if... if we would, uh, as we share the information, how long
we've been on the Board just for ... for everybody's information, and then if there's
anything else I'd like to share. So ... Royceann, if you want to start!
Porter/ My name is Royceann Porter and I've been on the Board since March of 2010.
Jensen/ Okay, and I'm Melissa Jensen. I'm the Chair of the CPRB and I've been on since...
November of 2010. Uh, Joe Treloar, our Vice Chair, has been on since ... I believe 2009.
Saliah/ Mazahir Salih, I'm on the Board for two years now.
Martinez/ My name is Fidencio Martinez and I've been on the Board for about five months.
This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review
Board Annual Community Forum of April 28, 2015.
April 28, 2015 Citizens Police Review Board Annual Community Forum Page 2
Ford/ My name is Pat Ford. I am not a Board Member. I am the legal counsel for the Board.
I'm an attorney here in Iowa City and I've been, uh, in that capacity about a year.
CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS:
Jensen/ Okay! Um, Item #3 on the agenda tonight is ... uh, considering a motion to accept
correspondence and/or documents. We received no correspondence, so there is nothing
to accept. So we'll move on to ... um, just a ... I'd like to do just a quick overview. If
you've heard this before bear with me, um, but I feel .... I'd be remiss if I didn't share the
information. A couple of things on the table, the back table, there are, um, brochures
about the CPRB. They are both in English and in Spanish. It ... just kind of an overview,
talks about the process. There's also some other information that lists things like the City
web site, um, and other resources, places you can get information, and then there are
forms for the complaint process, so that you can see how that works, as well. Um, so
those are back there. Feel free to pick those up, um, and read through those. Um, quick
overview. The Board was, uh, originally formed in 1990, and ... couple things kind of
interesting — it was originally named the Police Citizen Review Board, and a couple of
years ago that was changed, based on feedback from the community, to the Citizen Police
Review Board. Most recently, um, upon recommendation from the Charter Review
Commission, there was a suggestion to Council to ... change the name again, but, uh, I
think a... a great change, but to change it to the Community Police Review Board. So
again, keeping more that community rather than citizen, and using that language. That
does have to go through three readings at Council, if I ... if I'm correct, and so that change
has not been made yet, but you will probably see that coming down the road. Um, there
are five of us Board Members and ... as Pat mentioned, we do ... he is our legal counsel.
Um, he is legal counsel to the Board and doesn't work for the City. Um ... and again, the
information in the back kind of explains what we do. Um, and how things work. So...
hopefully that information is helpful. Um, just this past year, we did, uh... one thing I
want to mention and I was hoping that this would be finished by now, but we're very,
very close to finis... finishing a short educational video that, um, will be on City Cable
Channel. It will be possibly used some other places, and so that's really close to being
done. We had it pretty much finished, made some modifications, and that should be done
here shortly. Um ... and then information, um, about... complaints and information that...
about reports that we do, um, that come through. That information is all available on the
different complaints that are filed. The ... the final reports on those are available on the
City web site. So, you can go there, and again, that ... that web site is listed on the
document in the back of the room. So you can go there and you can look at those, that
information on ... the variety of those complaints. Those are the reports that go to
Council. You can see that. So, um ... other than that, um, let's move on, if we would, to
Item #4, that's public discussion and a couple of things about that. We are being
recorded, obviously, and that's so it will be, um, this will be available on ... the City
Channel at a later date. Um, if you come up to the microphone, we ask that you please
sign in and then introduce yourself. Let us ... use the microphone, let us know who you
are, and then I would ask, um, that you be respectful of others that are here tonight, so try
to limit, um, your... your comments to five minutes, and then once everybody's had a
This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review
Board Annual Community Forum of April 28, 2015.
April 28, 2015 Citizens Police Review Board Annual Community Forum Page 3
chance to speak that wants to, if you have something additional you'd like to share, you
can get back up. Absolutely! And we'll stay as long as we need to, um, you know, to
make sure we get through everything. So, if that sounds fair, why don't we go ahead and
open it up to public discussion!
PUBLIC DISCUSSION CITIZENS POLICE REVIEW BOARD:
VanDyke/ It's a really difficult time right now for everybody and I'm thankful I live in Iowa
City. More thankful than ... I am, or not in Iowa City, but in the Iowa City community,
and I'm rather thankful for it more ... more so than I have in the past. Um, I'm much
older than I often act and ... I'm turning 50 next year and I grew up with Eric Shaw, um,
knew him very, very well. Um ... Professor Goertz, who was killed by Gang Lu, was the
father of a, um, two of my friends that I went to high school. I went to high school here,
and over these years that I have lived here, gone to San Francisco for nine years and
come back, I have seen a significant change in culture here. And I'm really appreciative
for the work that you guys do and for what you've done and what you've opened up,
because you've opened up a lot of that change and you've helped affect that culture.
Cultural change here, which is, you know, always ... needs to be ... you know, fine-tuned
and worked on, and it's not something that ends. It's... it's a... it is a community
engagement and ... and ... and the work that you guys have done has been really, really
important. Um, but I'm also really, really happy.
Jensen/ Ma'am, if I could (both talking) I apologize!
VanDyke/ Julie VanDyke, 3635 490th Street SW. I won't usually do that for the School Board
cause I get stalked! But... (both talking)
Jensen/ Thank you for sharing that! I forgot, I should have (both talking) apologize for
interrupting you.
VanDyke/ My bad! I'm out of my element as you all may well know, but um, I just, you know,
I'm very upset about the things that are happening in the world and in this country, and I
foresee a very dangerous summer for a great many people across the United States, and
I'm fearful of it, but I'm thankful for the culture that you guys have helped affect change
to here, because I've seen change here, and I'm thankful for the... the... the changes that
Hargadine has affected here, and I've seen, you know, I've lived through what, three,
four different police chiefs here? And ... um, what I've seen is openness to ... self-
examination of the Department that I don't think we see in very many other police
departments in this country right now. Um, and ... and um ... and you guys have helped
with those things. I ... I've seen ... a very different relationship with the Iowa City Police,
um, and the community. I've seen the entire shift show up to the Homeless Children's
Trust, and I'm really proud of them for doing that, and I've seen so many officers show
up to the Martin Luther King celebration at Grant Wood, and that was on their own time.
You know, we can't even get our School District to recognize the holiday or talk about it,
but they all showed up there and they respected the community and they respect other
communities as well, and I appreciate this, and I appreciate this as we go into a summer
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that I think is going to be very dangerous, and I would actually say that the relationship
that you guys have s ... have worked on with them and the changes that you've all
contributed to are actually an example to other communities throughout the country,
because we have a police department here that actually works in the community and
wants to make positive change, and yet they make mistakes. We make mistakes, but...
but they're actually looking at them and doing things, and you guys helped do that, and I
appreciate that. Um, I look at our... our police and we were some of the first to have
body cameras on there, instead of fighting it! You know, and that protects everybody —
them and the people that they pull over. It protects everybody! And, um, you know...
(sighs) I just ... I see increased cultural competency and a willingness to look at that. I see
what's happened with the report that, as I understand it, Hargadine actually went after,
the study that was done, that actually showed where there were officers that had issues
that were not in-line with what our community wants, and my perception is that those
issues are now being addressed because of that, and a lot of police departments and a lot
of police chiefs (laughs) wouldn't have gone after that study, and they sure as hell
wouldn't have released it when it showed something that wasn't perfect, or they would
have spun it, and they didn't! They got it out there and they took responsibility. And
know that after what I've watched happen over the last year and two years, in... in other
communities that when I've seen re ... some recent issues that were, um, in the ... in the
media, such as the man who was pulled over, and I won't, you know, say names or
anything like that, but the man who was pulled over who had a ... a wea... who was drunk
driving and had a weapon in his sweatshirt. I look at that and I read that and I'm like, Oh
my god! We are so lucky because nobody got hurt! That was actually handled so
beautifully here that he didn't get shot and the officer didn't get shot, and I'm just really
thankful for all of this and I'm thankful for the work you do, and please continue, and
please continue to, you know, examine. It ... it is on-going, but um ... I thank you and I
thank the Iowa City Police Department for... for actually examining the cultural
relationships between the police department and the variety of communities that we have
in ... within our community, and that you are all open to that and working at it, instead of
just getting defensive and, um, digging in. So, I appreciate that, and I appreciate the
officers here who, um ... who ... are the kind of officers that I want to see on the street, and
I have to say, I have sympathy for many, many different factions in what's happening
around us right now, and I of ..also have sympathy for them because ... just because they
have the uniform on, they end up becoming a target for the rage that we're not able
to ... to ... to deal with, um, and um ... I appreciate them sticking it out in that and I
appreciate the officers that ... that show up at the Homeless Children's Trust and Martin
Luther King Day celebration that I was at, because ... um ... they're setting an example and
they're setting an example for other people with on ... within the police force here, but
also for other police departments, and thank you for engaging with them and allowing
them to do that too and encouraging it, because it helps them do it, and I think we
actually set a really pretty darn good example here to other communities throughout the
United States, and definitely throughout Iowa, and thank you so much for all that you do!
Jensen/ Thank you.
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Omar/ Hello, my name's Fatimah (can't hear) Omar and I'm from Iowa City, Iowa. Um, I'm a
sophomore in college. I'm a business management student and I'll be going to Iowa in
the fall and I've always had a huge interest in socio ... um, in societal issues and the
whole, um, socio... sociological aspect, and um, I would like to start off with this quote.
The hottest place in hell is reserved for those who remain neutral during a crisis. This
quote is originally from Italian poet, Dante Alighieri but was used a lot by President, um,
John F. Kennedy. I'm here because I would like to talk about the racial dis...
disproportionality when it comes to non -traffic arrests. Between 2009 and 2011, Johnson
County prisons held an average of 40% or more African American inmates when they
only make up 28% of the residents here in Johnson County. Not only is this a local issue
or a national issue, but... it's also a global issue. Take Australia, for example. The
majority of people there are white and are from Irish or English descendants, but their
prisoners are most ... their prisons are mostly filled with Australian natives, the
Aborigines, and Asians, such as Filipinos, Indians, and Laotians. Most African
Americans and Latinos I know ... here, um, said they have had an experience where they
have felt that they were racially profiled by an Iowa City police, or know someone who
has been, and ... not saying all Iowa City police are bias. Um, Iowa City police ... um,
some Iowa City police need to do a better job of practicing equitable policing proc...
procedurals and practices. There needs to be a stop on Fourth Amendment violations and
unnecessary strip searches when it comes to African Americans and Latinos. Growing up
here my whole life, I have heard many boast about how diverse and liberal this
community is. But, diversity is more than just University racial demographics or
diversity banquets where you get to sample different cultural foods. Many people here
focus a lot on animal rights, woman's rights, and friendly environmental practices, but
are hesitant or at a discomfort... discomfort when it comes to racial issues here in this
community, such as ... unequitable policing and racial dis... and racial disproportionality
and crime. The only time people are... interested in black issues or other minority issues
or saving a black, uh, life is when it comes to breeding good athletes or entertainers. I
just hope one day our community will be as diverse as we say it is, because I want to
settle down here after I graduate from college and raise a family here in Iowa City, and...
I don't want my future children or grandchildren to be racially profiled. I know we can
make a change in this community and we can start with the Iowa City police, because if
we don't strive for soc... for social change then this just might ... this might be the next
Ferguson and we might have some future Trayvon Martins or Eric Garners. Thank you.
(applause)
Jensen/ Thank you.
Gore/ Hi (clears throat) Excuse me! Have kind of a sore throat. My name's Brianna Gore. I've
been in Iowa City since I was one years old. You know, basically born and raised here in
Iowa. Whoohoo, Hawkeyes! (laughter) Um, I've been going to Grant Wood
Elementary School ... I went to Grant Wood Elementary School, Southeast Junior High,
and City High, been growing up here. At first, I didn't really see a lot of...a lot of people
of my race, you know, when I was younger. So, it was kind of hard like to find out who
you really are if you don't have like a lot of culture here, you know. And ... growing up,
it was kind of difficult for our family because we lived in a predominantly white
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neighborhood and I got told even ... when the black people I would see at school, like oh,
you talk white! Or you talk this certain way, you know, I wasn't black enough. So, it
kind of affected me. When I got older, I started to realize a lot of people in our
communities when a lot of... a race would start to move in, like near Broadway and all
those places, I noticed the police was patrolling really well over there and just waiting for
something to happen, and it's mighty funny like how even my dad, I mean, no...no bad...
he has a really good driver's record and everything, but he stop ... he's stopped by the
police and he's immediately asked, `Can we see your license, registration, insurance,'
quickly, without even ... and he's wondering like, `Why did I get pulled over?' and `Oh,
your taillight is out,' you know, little excuses, and asking, `Sir, can you step out of the
vehicle,' you know, asking small things that's unnecessary and ... I was looking, I'm like,
okay that's kinda awkward like for my dad to be stopped. So ... I'm riding along with a
couple of my friends and I and yes they were speeding and they get stopped by the police
and ... I was, and they're predominantly white, and... when they get stopped, it's a whole
different attitude when they're approached, and I feel ... and it ... and the police officer
basically stopped `em over like, `Oh, could you slow down,' and `have a nice day.' They
didn't ask `em to get out the car or check `em or anything. I feel like ... I mean, just even
from that small example, racial profiling, it's really high here and when we talk about
culture, what culture are you talking about? We're not talking about Africa. We're not
talking about where ... we're originated from. We're not talking about basically that we
were kings and queens and ... for someone to even say that, `Oh, the police department,
they came to, oh, Martin Luther King Day at school.' How many times are we going to
preach about Martin Luther King when we need to learn about Marcus Garvey and all the
other political figures that were from Africa, you know, and also with the police
department, it seems like when they ... coming to like Taylor Drive and Broadway
neighborhoods, they're always searching for a prom... problem, like in the summer of
August 2013, like there was even some guys like just sitting out on the front porch of the
Broadway Neighborhood Apartments, just sitting out there and they were predominantly
black, sitting out there and the police came over and was harassing them right away. And
I'm just wondering, why? Like ... and they're saying they're loitering. How are they
loitering when they live there? You know, little small things like this, and ... (mumbled)
I'm 19 and I'm noticing this. You know? I have a son. I want my son to at least, you
know, look around where ... to where he doesn't have to feel like he has to dress
differently or act a whole different way just to be accepted by the police. I feel like we
should do ... I feel like the police department should do a lot better, a whole better job
than just to look at the color of your skin and stop them right away, because ....what I'm
seeing is basically... racial profiling and you can tell us to, `Oh be quiet,' or `We're fine.'
You know, you can throw me the statistics but from what my people, what we're seeing,
is we're being racially profiled and I feel like a huge change should be done in our
community and stuff. And I don't want to hear anything about culture... cultural things
because barely anybody knew the (mumbled) place in the middle of April... of this year,
barely anybody knew that! So ... I don't know what else to say but I feel like there's more
work need to be done with the Iowa City Police Department, and also the Coralville
Department. Thank you.
Jensen/ Thank you (applause)
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Smith/ Hello, I'm Robert Smith. Um ... Iowa City resident since 2000 and, or 1998. Pretty
much ... she touched on a lot of points that I would like to address. Um, racial profiling
has become a bigger issue. When I first moved here I was one of the only African
American kids in my classroom. Once I got to high school I started to notice that there
were a lot more African Americans in our classroom. It got to a point where ... the
African Americans in our classroom were doing things that were ... making it hard for
other white students to attend classes or whatever it may be, and it became very apparent
that they were scared. I think ... the Iowa City Police Department sees African Americans
as a threat ... to the society. Racial disparity is ... it's blatant, it's in our face. I don't like
to ride around with my African American friends because I feel like I'm at a higher
chance of getting pulled over for no reason. I'm not a troublemaker. I was an athlete...
my entire career in high school. It kind of pains me to see ... that a community as, that's
supposed to be so liberal ... when I first moved here, I ... I, it was actually great, but now to
a point where ... it's hard to ... it's hard to look at. Um ... thank you. Um ... African
Americans, I think, make up about 25% of our population, yet we are over eight times
more likely to be ... prosecuted for marijuana when in all actuality, African Americans
and Caucasians use marijuana at the ... pretty much the same rate. Uh... the ... the
discrepancy in that pretty much proves our point, that there is racial profiling going on,
there is ... the war on drugs is ... is affecting lives in communities as small as Iowa City. I
think that's all I'd like to touch on. Thank you. (applause)
Jensen/ Thank you.
Sullivan/ Hello. My name is Adam Sullivan. I've lived here in Johnson County for 25 years.
Uh, and I live on the east side of Iowa City right now. Um, I came to this event last year,
uh, and I told you I was worried (noise on mic) Excuse me! I'm breaking stuff over
here! Uh, I told you I was worried about, uh, all of the military equipment that's coming
back from Iraq and Afghanistan and it's ending up in police departments all across the
country. I come here tonight a year later to tell you that it's worse than it was a year ago.
Um, in the past year we found out that the Johnson County Sheriff's Department, um, has
a big old tank. They call it an MRAP, um, but it is a war machine built for desert
warfare. Uh, I understand that's a different jurisdiction than yours — that's the County
and this is the City, but as you know, the Iowa City Police Department, uh, does
participate in the Johnson County Drug Task Force, uh, which that vehicle will
presumably be used for. Uh, the Iowa City Police Department, uh, for its own piece, has
a full SWAT team, full SWAT equipment. They have ballistic coverings. They have
tactical weapons. They even have chemical munitions — they have tear gas that they
could throw at citizens if they wanted to. I think we've all seen in the past few days the
scenes from Baltimore. Um, what I've seen has been very scary. Uh, you see full
military style officers, decked out with their shields and their weapons, standing apart
from, uh, almost entirely unarmed people. In fact, all unarmed people. I don't think that
should happen anywhere in the country and I definitely don't think it should be
happening, uh, here in Johnson County, uh, and I'm worried that it could. Um, right now
the police department has a wide range of, uh, reasons they can call in their, what they
call the `special response team,' their milis... military style officers. I think we need a
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policy that says unless there's an active shooter or a bomb threat, that we're ... we're
going to leave the MRAP in the garage. We're going to leave our semi-auta ... automatic
weapons at the shop. And so I'd like to see your Board, as well as the rest of the
community, come together and, um, get the City Council to take a serious look at what
rules we need in place to govern the military style equipment that we have. Thank you.
Jensen/ (applause) Thank you.
Gerden/ Hi, I'm Shawn Gerden. I've been part of this community since I, uh, started
kindergarten at Roosevelt Elementary in 1995. (clears throat) And, um ... I wanted to talk
to you guys today about the body camera program that is in place and is being ramped up
and implemented. Um ... you know, I think one thing that we saw with Eric Garner was
that, uh, the police choked a guy to death while they were on camera. While other people
were holding the camera. Uh, we've heard a lot of accounts of officers are, uh, just
turning their cameras off. In fact there was an officer that was indicted in a different part
of the country for continually having his camera off, uh, when confrontations happened.
Jensen/ If you would just speak a little more directly into the microphone.
Gerden/ Thank you very much!
Jensen/ Thank you.
Gerden/ So ... um, with the body, uh, camera program that we have ... um, what I, you know, what
I'm looking at is that Eric Gardner was killed on camera. Other officers have been
caught not turning their cameras on, or turning them off. Uh, our cameras are going to be
officer controlled, and so, um ... you know, I think we definitely need, uh, guidelines for
what the appropriate way to use these is and how the information is disseminated. Uh, on
one hand if they're going into a private home, uh, for a medical call, I don't think we'd...
we necessarily want a ... curious parties or the media to be able to see the interior of
someone's home. On the other hand, uh, when there's a public controversy, I don't think
we want them to be able to sit on that ... I don't think we want them to be able to sit on the
footage, uh, and say, `It's an active investigation,' and just sit on it for a year or two
years, until the point where the outrage has died down, and so I think what we really need
are, uh, some of these policies looking at, uh, the militarization, looking at the way raids
are used, looking at civil (mumbled), uh, and marijuana policy, and we need real
substantive changes because I don't think these body cameras are going to be, um, a
silver bullet by any means the way that, uh, they've been perp... portrayed and people
were very excited about (clears throat) uh, very excited about `em. So I guess the ... the
three specific questions that I have, uh, that I would hope you would choose to address,
or else I'm just sort of here just talking for no reason, uh, what I'd ... what I'd like to
know is ... what should we do if, uh, we have a police officer who's continually not using
his body camera? What should the punishment be for that? Um ... you know, what would
we ... what we do in that case, and I ... and I guess I have ... and I guess I have another
question, which is, um ... we saw the Walter Scott shooting in South Carolina, where we
got a panoramic view of a police officer chasing after a guy and gunning him down,
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shooting him eight times in the back as he ran at a full sprint. Um, and so you have the...
you have the photographer for, uh, Eric Gardner, he actually is in jail right now. He's in
jail and has been in jail, uh, but it seems often that these, uh, these police abuses, um...
are best portrayed when it's done with a private citizen cell phone. So the first ... the first
question is, and it's only two, is ... what do we do if an officer isn't using his body camera
or turns it off? What's the enforcement mechanism, and what's... what's the, uh, what's
the penalty, what's the punishment for the officer? And then second question is, what
should the penalty or a... be for an officer if he intimidates, uh, someone from recording
on their own cell phone, or if he attempts to delete that footage? Uh... you know, what a
lot of people hear, right before they're killed by the police, is that the police are worried
for their safety. So can I stand at this distance and film you if you're a police officer, or
is he going to scream in my face and say he's worried about his safety? And so ... your
body cameras aren't going to be a silver bullet, so what's the punishment and
enforcement for those? And then also, um, what's the protection of citizen's right to
record the police? Thank you. (applause)
Jensen/ Thank you.
Kuchta/ Hello, my name is Heidi Kuchta and I've lived in this town for about 10 years.
Jensen/ Heidi, if you could sign in real quick, I'd appreciate it. Thank you!
Kuchta/ I will!
Jensen/ Thanks! We do that in part not because we're trying to keep track of everybody, but
more that when there's a transcript done of this and it's included as part of our annual
report, we make sure that we have people's names correctly and that information, so...
Kuchta/ So I actually have some concerns, or just things that I've noticed about the actual
complaint process itself. Um, so one thing that I noticed is that the police chief has sort
of the absolute authority over sort of the investigation. He will ultimately make the
decision as to whether or not an officer, uh, you know, basically under his power will be
punished or not. And then I noticed that after the ... (clears throat) after the little sheet
you have here for a complaint, it says ... a person who reports or causes to be reported
false information to a fire department or a law enforcement authority, knowing that the
information is false, or who reports the alleged occurrence of a criminal act, knowing the
same did not occur, commits a simple misdemeanor. And then it goes on to say that...
if... if you're contesting a more severe crime, and you lie about that, then you will
actually get an aggravated... or a more serious misdemeanor. So my concern here is that
in some ways, someone who's already been sort of victimized, um, by ... not sort of, but
someone who has been victimized by a police officer wants this sort of form of recourse,
they're actually almost signing on to the possibility of being charged with a misdemeanor
if the police chief finds out, for example, that ... well, not if the police officer finds out,
but if the police officer, you know, finds the officer in question not guilty or something,
he could say, `Oh, well, you made a false report. Now you also have a misdemeanor.'
And so I feel like the people who are ... who need this process might be sort of turned off
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by the idea of opening up an investigation at the end of which might result in them
getting a misdemeanor, on top of the bad incident they already had. Um, I ... I could see
this happening and so I'm just wondering more about ... sort of the process in general and
how the review board, you know, you and us, how we're going to help these
investigations not further criminalize people who already had a... a problem or a
confrontation. And that's my only concern and comment today. Thank you.
Jensen/ Okay. Pat, you want to (applause) speak to that a little bit or...
Ford/ I don't know if this is the right time to (both talking)
Jensen/ Okay. Okay! All right. Thank you. (someone speaking from audience) I ... I'm sorry, I
can't hear you, ma'am. (several talking) Yeah, you bet. You're more than welcome to
...after everybody's had a chance to speak, to get back up if you have something
additional you'd like to share. Absolutely!
Olmstead/ Hi, my name's Harry Olmstead, and one of the things I'm concerned about that we're
kind of ignoring in our community, and that is ... the human slave trade that's going down
highway 80. We have children as well as adults that are kidnapped or not ... they
disappear, uh, but they're being put into a slave trade of prostitution, uh, and other types
of, uh, of slavery, and I think we have to take and, uh, address this issue and I would
highly recommend that the Police Review Board go in collaboration with the Human
Rights Commission to take and put together a program, an educational program, in this
community that can address this. Thank you. (applause)
Jensen/ Thank you.
Hall/ Uh, good evening, my name is Joseph Hall. Do I have to give more information?
Jensen/ No, that's fine.
Hall/ I mean, I don't mind. I just don't know that it's relevant. Um ... I don't know ... um ... if I'm
saying things that aren't within your jurisdiction or not. It's ... there's too many things to
look up, but uh, I think that a lot of your work is reviewing complaints from citizens, uh,
about conduct of police. Um, and that's ... good, um, and you're supposed to be making
recommendations to, uh, City Council. Um, one possible recommendation, um, could be
looking, uh, at like for example there was a study done by St. Ambrose University, uh,
for disproportionality in police stops and police arrests. Um, and it showed that Iowa
City Police are, um, twice as likely to, at least twice as likely. Some are far more than
twice as likely. Uh, to pull over or stop, uh.... a minority person as opposed to a white
person or ... within the context of this study, uh, a white person or an Asian person. Um,
but there's also, um, so there's all kinds of things that go into why that could be. Um, but
there's racial biases, a huge one, but there's also like financial incentives for police to be
stopping people. Um, they get, uh, federal money for drug arrests. They get, um, they're
able to seize property, uh, within those contexts, and use the proceeds of that with, like
for the police department. Um, and so ... disproportionately stopping, uh, black people
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tends to be okay for Iowa City, as most people here have been complaining about. Um,
it's not okay for me. I don't think it's a lot of case ... it's okay for most of the people in
this room, uh, but there's not a huge public outcry against it. Um, and so it seems that the
Iowa City Police Department is able to utilize maybe their own bias, um,
and... the... disregard of most of the city, uh, for the rights and the liberties of African
Americans in this community to also profit from that abuse, um, and I don't know if
you're able to add more people to your staff with expertise, um, but ... uh, if you could
find somebody that could help consult with you on that or, I mean, I'm not an expert or a
statis ... statistician, um, but ... I think there's a lot of ..validity in what I'm suggesting.
Um, and it may be possible to spend some of your time looking into things in which ... or
ways in which the police department, uh, systematically, um ... kind of behind the scenes,
um, even perhaps not necessarily, uh, that they're even cognizant of this, uh, in terms of
the ... the incentives they have, to abuse certain people's rights and certain people's
liberties, and certain people's bodies, uh, for their own profit. Um, and so ... starting to
try and look in those directions, as well as the individual cases that are brought to you,
uh, might be a fruitful endeavor. Thank you. (applause)
Jensen/ Thank you.
McDaniel/ Hi, my name is Laticia. I'm sorry I'm really kind of sick, so I'm going to try to ... talk
as great as I can, but I just basically had one question about, um, according to the
literature that you have. It says that you only have limited civil administrative reviews,
powers, and have no power or authority over criminal matters or police discipline. So
I'm just a little bit confused about what actually you do, because (laughs) if you have no
power to actually make any recommendations for discipline, when there is a chance of
misconduct within the police department. So, I mean, what is the purpose of this board?
If you ... if you can't do anything, and also, uh, what is it as citizens that we can do to
actually give you more power and more ... within the board, is it something that we need
to do as far as like a ... a ballot initiative or talking to City Council and ... cause we want to
give you more power and more accountability, um, to go after police officers who are
being abusive to people and to actually cut out the chief when it comes to these kinds of
things, because I don't think he should have a say on what you should review and what
you shouldn't review. So that is what I wanted to say, so if you can answer those two
questions about what actually you do and how can we help you to become a more
powerful board, to actually deal with abuse in Iowa City. Thank you. (applause)
Jensen/ Thank you. (several talking) Yeah, typically what we do is we take the information and
then that is shared back with Council and we look at questions and we will respond to
those, but it's ... this is more of an opportunity for members to share their concerns. So...
Gore/ Hi, me again! I would also like to bring up a point. For the body cameras. Um, you did
bring up a good point about the body cameras. What's really the main point of body
cameras, cause ... even if...someone's standing aside and getting a whole video tape of
whole ... of what's going on, um, I feel like the body cameras and the police, it would just
be front -forward, you know, of what's going on in front of you. You know ... I'm just
concerned like about like ... like how wide of a range is the camera going to like ... what
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it's gonna get, because even when the video camera is even shot from the police car, it
gets a wide range of what's going on, but it doesn't really, you know, look into like
what's actually, you know, happening in front of you. I feel like it's also a bad idea
cause ... even when you have a police cam ... or a body camera on you, I feel like you're
just giving us like a ... excuse for us to be quiet like, oh, they have a body camera; it's
okay! You know? That's all I have to say about that. (applause)
Jensen/ Thank you.
Heeren/ Um ... my name's Tessa Heeren and you guys can't answer any questions right now, is
that right? I just wanted to know, you mentioned the, um, education vid ... educational
video. What is that?
Jensen/ It's just a very short video that, um ... was another way that we came up with to get
information about the CPRB. So, who we are, what we ... what we do, um, another way
of reaching out -to people.
Heeren/ Okay. And, um, so ... as far as I can tell what's going on here is we make suggestions to
you, you make suggestions to the City Council, and then they ... suggest things to the
police and that's how we're addressing this? Addressing these concerns, is this chain of
suggestions? (laughter) I ... I guess ... I mean, that's something to think about, I guess.
Um ... yeah, so, um, I'm studying social work here at the University, and I've been doing
a lot of research about, um, disparities in education and the justice system. And, um, I
think that racism is something that's systemic. It's bigger than schools and the police
force, and it's something that those institutions just happen to have the numbers for...
that show these big gaps. Um, yeah, and I wanted to talk about, uh, I don't mean any
disrespect to the lady that spoke earlier, but she was kind of praising the police force for
not shooting somebody, and I just don't want that to be our standard for expectations is
somebody not dying (laughs) because uh, that's pretty low expectations, I think. Um...
yeah, and as a social work student, um, when we're talking about disproportionality and
um, all of these, uh, obvious ... unjustices, it seems that the interventions are always
focused on the ... victim or the perpetrator (mumbled) it's more like preventative, oh, we
need to you know help them, they, you know, they're the ones who are breaking the law
and they're the ones who need to be addressed, but um, it's really a two ... there's two
parties involved in this, right. It's the police force and the community, and all of the
focus of the people that we need to fix are going to the community, and the police force is
infallible and they continue to do what they're doing. So I don't ... I don't know if there's
any kind of opportunity to, urn ... really, and I know you ... seems that you guys don't have
very much influence in police policy ... yet. So ... um, and another thing, uh... this St.
Ambrose Study that this other gentleman was just talking about, I was also looking at that
and um ... the ... diversity within the force is pretty dismal. I think there's three people that
aren't white, and of the 77 people on patrol, all of the leadership, sergeant, lieutenant,
captain, um, are white people and I don't think that's any ... um, I'd guess I just want to
know what the police force is doing to actively change those numbers because I don't
think, um, those three people that aren't white in the police force really have a chance to
move up. I mean, working in that kind of environment, you know, you kind of wonder
This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review
Board Annual Community Forum of April 28, 2015.
April 28, 2015 Citizens Police Review Board Annual Community Forum Page 13
what the culture is like there, within the force. I mean we can talk about cultural
competency with the police and the public, but ... what about the police officers
themselves and the people that they work with. You know, how... what would it be like
to work in the police force as a minority person. So ... there's that. Um ... yeah, I think
the, um, focusing on these small things is really, uh, someone was talking about it earlier,
just the ... um, the waving of the Fourth Amendment and the, um, I was looking at the
Know Your Rights presentations that the police do and they do that upon request, I guess,
and I just don't know that, um, it's on our responsibility to request that information. I
guess I just wish they would do it more regularly, open to the public, so people do
know ... I think people'd be less defensive and less, um, ready for conflict if they were
comfortable knowing what their rights were, knowing if they do need... do have, um, if
the officer has a right to search them at that time. I guess, and um ... yeah, and I guess
(laughs) another thing. Sorry, I'm going on forever, but um, another thing I wanted to
talk about was just the enforcement and the accountability within the force, and um, with
that ... with that culture I was kind of mentioning earlier of this overwhelmingly white
force, um, I kind of wonder what it's like when someone has a, um, questionable
encounter, whether it's like, hey, don't do that! Or, you know, I don't know ... I ... I would
like to see something that is documented that is transparent, that urn ... follows that
officer, um... and... yeah ... I guess that's, okay, one more thing (laughs) Um,
when ... when I'm looking at the disparities in the education system, Georgetown
University is, um, working on this really good, uh, program that takes almost every kind
of infringement in the school system, and it's breaking it down into very objective
policies. If this action happens, this is the action that we take, and um, I guess I would
just like to see something more like that in the justice system, and if we can take the
subjectivity out of it, and the officers are following a policy, that is set ... set in place, then
they can't ... they can't be, um, blamed for what they're doing. I guess. So, yeah! I think
that's all I had. Thanks! (applause)
Jensen/ Thank you.
Sullivan/ I apologize. Uh, I didn't want to take up too much time. Adam Sullivan again. Um, I
just wanted to add one more voice, um, to the idea that, uh, this Board is not as powerful
as it needs to be. Um, you don't have the authority to make the substantive change that
we need for our police department, um, and I also wanted to make, uh, everyone here
aware that, um, this Board is established, uh, through our City Charter. Um, there is a
process for citizens to amend that Charter, and so if you think we need a better, uh,
Community Police Review Board, uh, we can do that. It's not too arduous a process, um,
and I think that's a really healthy conversation for our community to start. (applause)
Jensen/ Thank you, Adam.
Gore/ (laughter)
Jensen/ That's all right!
This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review
Board Annual Community Forum of April 28, 2015.
April 28, 2015 Citizens Police Review Board Annual Community Forum Page 14
Gore/ Also another thing, um, I feel like we should get the more ... word out and to where my
people (laughs) should know about this cause I feel like, you know, how many ... there's
like a trickle, a handful, of black people here (laughter) so I feel like our people should
know, and we should really get the word out. My friend showed me on the bulletin
board, you know, there's a bunch of advertisements. I feel like we should have a big, you
know, poster of it, you know, just bragging about it, so ... (laughter) (applause)
Jensen/ Thank you.
Tucker/ Okey dokey. Hi, Annie Tucker. So, um ... first, um, responding to what you're saying.
You know the School Board has had meetings like at The Spot and other places to
encourage being able to listen to different parts of our community say what's going on.
And maybe that's something that would be good for you guys to do, and maybe you
could have the Chief with you and a few officers. I don't know if it would be too scary
or too threatening for someone if there were officers there, but it was really powerful to
hear, urn ... problems being expressed to the School Board Members... directly, in areas
where ... that were in people's neighborhoods. So, number one, that. Okay, good. So_
then number two, so I had like a list also. Um, on the ... the CPRE, great, I saw that,
Mazahir, you said that it should be changed to Citizens Police Review Board. That's
great. That sounds good. Um, the other thing to know is that other cities have different
investigation procedures. There are cities that ... where there's an independent body. It's
people funded by the city but they're not city staff, and they do the investigation, and
they are authorized to go in and look at the videos, and look at the records, and make an
investigation and report independently back to you. So I think that's an important
component of changing the system and so I think we should all be working on that, and
so maybe we can share some contact information so we could begin that process, so that
we're not just ... laying it on them. It can come from us. Okay, so I'm short so I need to
have it lower. Um ... I agree, I was going to bring up the thing about the ... the body
cameras, as well. I think we all know about situations where the cameras on the cars,
which is what they used to only have, and do they have the body cameras? Did they
finally get the body cameras? Yes or no? Do we...
Jensen/ I believe we don't have them in place yet.
Tucker/ That's what I heard.
Jensen/ They're coming and... sometime, last I heard, summer, fall, potentially but there's...
they're not all in place yet, no.
Tucker/ Okay, that was ... that was my most current information too. So, here's the deal — you
said like when someone doesn't turn on theirs, but there's also people who have them on
or turn them off on purpose, and then say, oh gosh, we don't have ... this has happened in
a legal case ... that the officer said, oh gosh, it was the changing of the shift. We don't
have that video. Darn! Seriously? So there should be penalties for that, and I would like
you guys to consider whether you need us to raise that or whether you want to make that
proposal to the City Council. There should be consequences for people not having their
This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review
Board Annual Community Forum of April 28, 2015.
April 28, 2015 Citizens Police Review Board Annual Community Forum Page 15
cameras working and providing effective information. There should be consequences.
Um, I like the word penalty, you used the word penalty. Um ... the other thing is ... so
here's the deal. I was at the, um, the Arts Fest last year. You know, I was just sitting on
kind of a lamppost base, talking with a friend, and all of a sudden ... and the music was
going. I was thinking of going up and dancing but this person couldn't dance so I was
waiting for a while. So, um, all of a sudden this far in front of me someone is going, get
up! Get up or I'll make you get up! So I turn my head from my conversation, I look and
there's an officer in front of me saying that. I follow his eyes, and there happens to be a
guy sitting next to me, happens to be a white guy, who's drinking a beer. But he talked to
`em like that, and so then he and his co -officer took `em some place and I kind of
followed at a distance cause I knew that (laughs) yes, I knew ... I knew that, um„ I didn't
want to distract them, but I also wanted to really monitor them, and I wasn't smart
enough or savvy enough technologically to have been able to video if I'd thought about
it, but from now on I will. But it turned out that things did not seem to go awry, I mean,
the ... the disrespect and ... from his voice was ... did not seem to be manifested in
behaviors that happened before he, um, I mean he was handcuffed, he was put in a car,
but he was not treated roughly to my eyes, but later I asked ... asked the guy's partner
what his name was and I called in about that. I found out who the shift supervisor was
and I called in. Now the problem is, I've never filed a written complaint, but I will do
that. I've written it up, and I've found out the guy's name, but at the time I talked to the
supervisor and he said something that I heard yet again when I told the story two months
ago, and you were there when I told the story. And I got the same response from the
officer I told then, as I told ... are you following me? I told it two months ago. That
officer said this response, the same one that the guy's supervisor said, and it was this,
which is useful for us to know: we have an ever-growing young force, and when we get
these young officers, these two more seasoned officers said, you know, they're... they've
got an idea of what their job is. You know, and it takes a while for that to wear off.
What? I ... that's, actually that's a misquote, but that was my impression of what they
said. So let me be clear about that. But ... but the point is that ... that if two officers who
are older and going to be leaving the force are saying, yeah, we got some ... well, I don't
want to use my own words. We have some younger officers who have that kind of
behavior. We're working seriously on correcting that behavior. And this one from two
months ago said to me, and this was not when you were in the room. It was a different
time. He said, um, you know, I think that the Iowa City community wants officers that
are respectful to people. And I think that our officers need to know that, which to me was
a heads -up that I don't think we as a community have communicated well enough to say,
you know what, here's what we want from our police force, here's what we expect. I
mean, my office is in adult's correction. I volunteer in the prison. I never hear any
officers speak disrespectfully to people who are incarcerated or have been, you know,
and here was this guy, um, speaking very disrespectfully. So, one, I think an additional
thing for us to do is work on as a community, commun ... communicating to the police
officers and our City Council and saying, `This is what we want in a police force.' This
is what ... the kind of behavior we expect. And likewise, I think that either we or you or
all of us need to say to the police ... to the police officers, given the climate in our country
and the events happening, given the disproportionate minority contact with ... with law
officers here, and other ... and just systemic disproportionate minority differences here,
This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review
Board Annual Community Forum of April 28, 2015.
April 28, 2015 Citizens Police Review Board Annual Community Forum Page 16
um, I think the police department has to really make a much bigger effort ... to connect
with our community and not just, I mean, great to be at the MLK thing. Great to be at the
other thing ... that she mentioned, but I ... I think they need to be building relationship like
things working here is based on good relationships. I don't think I'm naive. Respectful
relationships and not going from zero to 60 with military stuff or tough cop attitude, uh,
that doesn't make things better here. So, let me just look ... okay, that's it. Thank you.
(applause)
Jensen/ Thank you.
Heeren/ I just ... I just wanted to follow up with what Annie said because I was ... I was in that
conversation with her, uh, earlier, and um, she told that same story and the officer we
were talking to says, oh, it takes about five years for an officer to really settle in to his
role as the actual... building that community relationship and really understanding, um, I
think he kind of said it was something like, uh... it's ... it makes the job easier once you
get to that five year mark and you understand what your role is, that you're not this, you
know, kind of, uh, enforcer character but um, my reaction to that was when I get a job, I
have 90 days (laughter) I have 90 days before if I mess up I'm going to get fired if I don't
get up to code, you know, and so I'm wondering why our police force is given so much
leniency in their jobs that are very important, I think. So, yeah, I think just, um ... really
putting... putting their paychecks, putting their jobs on the line and not just saying like,
uh, don't do that. It's not okay, here's a warning, here's your next warning, um, really,
uh, making it ... making the job fit the actions, making the actions fit the job, I guess.
(applause)
Jensen/ Thank you.
Tucker/ Um, I just want to thank you all. You ... you have a really tough job. You have a big
commitment, and you don't have as much power as you need. So thanks for sitting in
those chairs and doing your work, in the interim, before things change.
Jensen/ Thank you. Anybody else? Any additional comments? Concerns? Okay! Item #5 on
the agenda is adjournment. Oops, excuse me!
Olmstead/ Not yet!
Jensen/ Okay!
Olmstead/ I was listening to the news regarding Baltimore, and police chief said that even though
there was obvious, uh... uh, violence that went on with the police, that they could not fire
those officers right away because the city wouldn't let `em. I think we need to look into
that. If we have an incident like that, uh, can we fire the officer? We need to get rid of
`em, or at least put `em on administrative leave without pay. Thank you. Oh, I'm Harry
Olmstead.
This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review
Board Annual Community Forum of April 28, 2015.
April 28, 2015 Citizens Police Review Board Annual Community Forum Page 17
Jensen/ Thank you! (applause) Okay, if we don't have any further concerns or comments, Item
#5 of the agenda is adjournment.
Tucker/ I have one.
Jensen/ Yes!
Tucker/ I just want to say, in ... in, to add to that, um, the first woman who spokes... thing. I just
want to say, let's not forget that article in the Little Village about the SWAT team. Let's
not forget the SWAT team video that was the recruiting video that is still on line at The
Guardian. Let's not forget those things, that those are part of the culture that we're
dealing with and I just want the record to show, I'm sure that ... I know that ... I know
personally that there are great officers, but what I think we've expressed some concerns
about the culture in the police department, and ... and that's part of their record. Thanks!
ADJOURNMENT:
Jensen/ All right (mumbled) we're adjourned! Thank you very much. Thank everybody for
coming!
This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review
Board Annual Community Forum of April 28, 2015.
CITIZENS POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
June 16, 2015
Re: Investigation of CPRB Complaint #15-01
This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #15-01 (the "Complaint").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, the Board's responsibilities are as follows:
1. The Board forwards all complaints to the Police Chief, who completes an investigation.
( Iowa City Code Section 8-8-7(A).)
2. When the Board receives the Police Chiefs report, the Board must select one or more of the
following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1):
a. On the record with no additional investigation.
b. Interview /meet with complainant.
c. Interview /meet with named officer(s) and other officers.
d. Request additional investigation by the police chief, or request police assistance in the
board's own investigation.
e. Perform its own investigation with the authority to subpoena witnesses.
f. Hire independent investigators.
3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review.
This means that the Board must give deference to the Police Chiefs report, because of the Police
Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2).)
4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief
reverse or modify the Chiefs findings only if:
a. The findings are not supported by substantial evidence; or
b. The findings are unreasonable, arbitrary or capricious; or
ca
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To: City Council
.....
Complainant
City Manager
"` c)
`{
Equity Director
Sam Hargadine, Chief of Police
co
Officer(s) involved in complaint
From: Citizen Police Review Board
Re: Investigation of CPRB Complaint #15-01
This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #15-01 (the "Complaint").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, the Board's responsibilities are as follows:
1. The Board forwards all complaints to the Police Chief, who completes an investigation.
( Iowa City Code Section 8-8-7(A).)
2. When the Board receives the Police Chiefs report, the Board must select one or more of the
following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1):
a. On the record with no additional investigation.
b. Interview /meet with complainant.
c. Interview /meet with named officer(s) and other officers.
d. Request additional investigation by the police chief, or request police assistance in the
board's own investigation.
e. Perform its own investigation with the authority to subpoena witnesses.
f. Hire independent investigators.
3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review.
This means that the Board must give deference to the Police Chiefs report, because of the Police
Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2).)
4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief
reverse or modify the Chiefs findings only if:
a. The findings are not supported by substantial evidence; or
b. The findings are unreasonable, arbitrary or capricious; or
c. The findings are contrary to a police department policy or practice, or any federal, state or
local law.
5. When the Board has completed its review of the Police Chiefs report, the Board issues a public
report to the city council. The public report must include: (1) detailed findings of fact; and (2) a
clearly articulated conclusion explaining why and the extent to which the complaint is either
"sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3).)
6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the
officer involved.
BOARD'S PROCEDURE
The Complaint was initiated by the Complainant on 03/04/2015. As required by Section
8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation.
The Chief's Report was filed with the City Clerk on 04/30/2015.
Board members reviewed audio and/or video recordings of the incident.
The Board voted on 05/20/2015 to apply the following Level of Review to the Chiefs Report:
"On the record with no additional investigation", pursuant to Iowa City Code Section 8-8-7(B)(1)(a).
The Board met to consider the Report on 05/20/2015, & 06/16/2015.
FINDINGS OF FACT
On February 18, 2015, officers responded to the Alexis Park Inn regarding a complaint from an
employee about a broken door. Upon arriving, they were directed to room 106 by an employee who
advised the occupant had broken the door, although this had not been witnessed.
The officers learned the occupant had been locked out of his room because he was no longer allowed
to stay. The Complainant was one of three people identified as potential suspects, and officers
believed one or more of the three had damaged the door while opening it to allow the occupant to
enter. The Complainant had left the scene but agreed to return when asked.
None of the three possible suspects could/would say who damaged the door and each denied causing
the damage. The other two individuals were dismissed as suspects, due to one suspect being
physically unable, and the other suspect having a reliable alibi. While interviewing the Complainant,
Officer A noted the Complainant was vague and there were discrepancies in her story. The
Complainant repeatedly denied being responsible, combined with many statements of "Swear to God",
"I swear", and "I swear, I'm not lying". The Complainant still denied causing the damage and Officer A
ended the interview.
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ALLEGATION 1 — Racial Profiling.
There were no reports, or video/audio recordings, or evidence that in any way corroborated the
allegation of racial profiling against Officer A.
Allegation: Racial Profiling report - Not sustained
ALLEGATION 2 — Discourtesy
Both officers were patient and professional throughout their interactions with not only the Complainant,
but other individuals they talked to as well. Officer A, noting inconsistencies in the Complainant story,
did tell the Complainant he believed she was lying and also offered alternatives on how the damage
may have occurred (i.e. a mistake or accident). This is consistent with an applied interview technique.
Officer A has participated in interviewing and interrogation training, and Officer A's statements were
delivered in a professional, patient manner. This interview technique was within Iowa City Police
Department policy, procedure, and accepted law enforcement training and methods.
Allegation: Discourtesy- Not sustained
COMMENTS
CPRB acknowledges cultural differences and mannerisms may make it difficult to accurately assess
and interpret behavior, especially when compared to others behavior/responses.
N
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MINUTES — FINAL
CITY OF IOWA CITY CIVIL SERVICE COMMISSION
July 14, 2015 — 8:15 a.m.
HELLING (LOBBY) CONFERENCE ROOM — CITY HALL
Members Present: Lyra Dickerson, Paul Hoffey, Jesse Case
Members Absent: None
Staff Present: Karen Jennings, Chief John Grier, Tracy Robinson
Others Present: None
3b(2)
mmmw�
RECOMMENDATION TO COUNCIL (become effective only after separate Council
action):
None.
CALL TO ORDER:
The meeting was called to order at 8:15 a.m. Dickerson chaired the meeting.
CERTIFICATION OF PROMOTIONAL LISTS FOR THE POSITIONS OF FIRE
LIEUTENANT, FIRE CAPTAIN, FIRE BATTALION CHIEF AND FIRE
DEPUTY CHIEF:
After a brief discussion, Hoffey moved to accept the promotional lists for each rank as
proposed, Case seconded and all were in favor.
OLD BUSINESS:
None.
NEW BUSINESS:
None.
ADJOURNMENT:
Case moved to adjourn, Hoffey seconded and the meeting was adjourned at 8:18 a.m.
Board/Commission: Civil Service Commission
ATTENDANCE RECORD
YEAR 2015
(Meeting Date)
NAME
TERM
EXPIRES
2/12/15
7/14/15
O/E =
Absent/Excused
NM =
No Meeting
Lyra Dickerson
4/3/18
X
X
Paul Hoffe
4/4/16
O/E
X
Jesse Case
4/3/17
X
X
KEY: X =
Present
O =
Absent
O/E =
Absent/Excused
NM =
No Meeting
--- =
Not a Member
July 14, 2015
TO: The Honorable Mayor and the City Council
RE: Civil Service Promotional Examination — FIRE LIEUTENANT
� r
i:rnl
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
We, the undersigned members of the Civil Service Commission for Iowa City, Iowa, do hereby
certify the following named person(s) as eligible for the position of Fire Lieutenant.
1.
Brandon Pflanzer
2.
Collin Wellsandt
3.
Clint McFarland
4.
Todd Irwin
5.
Tim Recker
IOWA CITY CIVIL SERVICE COMMISSION
Lyra . Dickerson, Chair
Paul C.
Jesse Case
ATTEST: A� .
Man�aR K. Karr, City Clerk
July 14, 2015
TO: The Honorable Mayor and the City Council
RE: Civil Service Promotional Examination — FIRE CAPTAIN
r
NO
-�aA.
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
We, the undersigned members of the Civil Service Commission for Iowa City, Iowa, do hereby
certify the following named person(s) as eligible for the position of Fire Captain.
1. Bob Henry (tie)
1. Axel Swanson (tie)
3. Branden Sobaski
4. Bryan Hardin
IOWA CITY CIVIL SERVICE COMMISSION
�,
Lyr W. Dickerson, Chair
,y
Paul C. Hoffey
Jesse Case
ATTEST: R
Man n K. Karr, City Clerk
July 14, 2015
TO: The Honorable Mayor and the City Council
RE: Civil Service Promotional Examination — FIRE BATTALION CHIEF
I r 1
g6ZO -4,
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(319) 3S6-5000
(319) 356-5009 FAX
www.icgov.org
We, the undersigned members of the Civil Service Commission for Iowa City, Iowa, do hereby
certify the following named person(s) as eligible for the position of Fire Battalion Chief.
1. Tina Humston
2. Zach Hickman
3. Brian Rohr
IOWA CITY CIVIL SERVICE COMMISSION
Lyr W_pyckerson, Chair
Paul C. Holley
Jesse Case
ATTEST:A;;�ral
Ma ' n K. Karr, City Clerk
July 14, 2015
!Wv 4M ul, a
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
TO: The Honorable Mayor and the City Council www.icgov.org
RE: Civil Service Promotional Examination — FIRE DEPUTY CHIEF
We, the undersigned members of the Civil Service Commission for Iowa City, Iowa, do hereby
certify the following named person(s) as eligible for the position of Fire Deputy Chief.
1. Brian Platz
IOWA CITY CIVIL SERVICE COMMISSION
Jesse Case
ATTEST:.
Mahan K. Karr, City Clerk
3b(3)
MINUTES APPROVED
HISTORIC PRESERVATION COMMISSION
MAY 14, 2015
EMMA HARVAT HALL
MEMBERS PRESENT: Kent Ackerson, Thomas Agran, Esther Baker, Kate Corcoran,
Andrew Litton, Pam Michaud, Ben Sandell, Ginalie Swaim
MEMBERS ABSENT: Gosia Clore, Frank Durham, Frank Wagner
STAFF PRESENT: Jessica Bristow, Bob Miklo
OTHERS PRESENT: Anne Burnside, Robert Carlson, Liz Maas, Linda McGuire, Julie
Myers, Michael Oliveira, Beth Rapson, Chris Welu Reynolds,
Davis Rust, John Shaw, Alicia Trimble
RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action)
CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:30 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
There was none.
CONSENT AGENDA: CERTIFICATE OF APPROPRIATENESS:
436 Grant Street.
Bristow said there is one consent agenda item for 436 Grant Street, a one and one-half story
bungalow. She said the owners plan to remove the existing chimney and rebuild it to enclose
both the fireplace and the exhaust chimney with thin bricks, as recommended by the guidelines.
Miklo said that because it is a consent item, the Commission can just vote on it, unless there are
questions.
MOTION: Corcoran moved to approve a certificate of appropriateness for the project at
436 Grant Street, as presented in the application. Baker seconded the motion. The
motion carried on a vote of 8-0 (Clore. Durham. and Wagner absent).
CERTIFICATE OF APPROPRIATENESS:
711 North Gilbert Street.
Bristow said this is a 1928 foursquare in the Goosetown/Horace Mann District. She said the
application is to remove one of the chimneys, although there is a prominent chimney toward the
front of the home that is to remain. Bristow said the chimney to the north is on the back. She
said the proposal is to remove the chimney and patch the roof with materials to match the
existing.
Bristow said the guidelines recommend retaining prominent historic features, but staff feels this
chimney is not prominent. She said that although the chimney on the south is prominent, the
two chimneys are not symmetrical or balanced in any way. Bristow said.staff feels that
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May 14, 2015
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removing the chimney on the north would not adversely impact the historical character of the
home.
MOTION: Baker moved to approve a certificate of appropriateness for the project at 711
North Gilbert Street, as presented in the application. Male Sandell seconded the motion.
The motion carried on a vote of 8-0 (Clore. Durham. and Wanner absent).
610 Ronalds Street.
Bristow said this is an application for the demolition of the existing home. She said it is a gabled
L -house that was either built in 1920 or built in 1889 and moved to the site in 1917. Bristow said
that either of the dates would be appropriate for the vernacular style of the home.
Bristow said that prior to the December meeting of the Historic Preservation Commission, the
applicant contacted Miklo to inquire about demolition of the existing home and construction of a
new building. Bristow said that a subcommittee of the Historic Preservation Commission then
toured the existing home and did not feel after that visit that the house was a candidate for
demolition.
Bristow stated that the applicant submitted four main documents in support of the demolition: a
letter from the applicant discussing the cat odor, second floor, the foundation, and the intent to
build a new, single-family home; a letter from VJ Engineering about the existing home's
structure; a letter from ServPro about removing the cat odor; and a letter from Johnson County
Public Health about the odor.
Bristow said that staffs opinion about the documents is as follows: the letter from VJ
Engineering does not say that the existing house is structurally unsound. She said it discusses
the house being over -spanned, which would be a common finding in many of the historic
structures because of the differences between current and historic building practices.
Bristow said the applicant's letter discussing the second floor would be a matter for a second
application. She said that currently the home is listed in the survey and on the assessor's site
as a single -story home; there are not building permits to add a second floor. Bristow said the
guidelines recommend against raising the roof on a historic home in order to expand to a
second floor.
Bristow said the letter also dismisses any historic value of the home, even though it is a
contributing property in a historic district. She said that the aluminum siding that is currently
there probably obscures a more historic appearance.
Bristow said that costs submitted by the applicant are not independent costs; they are submitted
from his own company.
Bristow stated that the letter from ServPro lists steps for removing the odor and an estimate on
associated costs.
Bristow said staffs opinion is that the odor removal is the main issue involved with the
demolition, concerning whether or not the home is irretrievable. She said that further
investigation really seems to be needed. Bristow said there might be non-compliance issues
with regard to current building codes, as many homes have these conditions that can be
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May 14, 2015
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remedied. She said, however, that whether they need to be remedied here and any associated
costs are still unknown.
Bristow said staff feels that if odor removal by ServPro is successful, then any concerns in the
letter by Johnson County Public Health would be eliminated. She said that informal discussions
with other cleaning companies lead staff to believe that more formal information regarding
remediation and the effectiveness of cleaning would be instrumental in evaluating this portion of
the application.
Bristow said staff has also determined that the garage on this property was constructed at a
later date and has no historical value.
Bristow said the application also submitted a proposal for new construction for a two-story
craftsman home with a front porch and a single -story rear extension. She said there would be a
two-story, two -car garage with a second -floor apartment. Bristow showed the site plan. She
said that currently the setback for the new construction does not align with the setback of the
houses on either side.
Bristow said the new construction also has a longer building footprint than either of the
neighboring houses. She said that if it is positioned to align, as the guidelines suggest, it would
be significantly longer than the neighboring houses.
Bristow said the side elevations are rather large. She said staff feels it could be given a more
human scale if perhaps another wide band board was placed along this elevation to align with
the front and back porches.
Bristow stated that 18 -inch overhangs are a minimum for craftsman homes. She said the home
at 608 Ronalds, which is smaller than what is being proposed, does have 18 -inch overhangs.
Bristow said that, given the scale of the new construction proposed, staff feels that 24 -inch
overhangs would be more appropriate for this home.
Bristow said that the brackets and exposed rafter details that are shown are a minimum of what
staff would want to see for craftsman detail. She said staff feels that fitting more craftsman
detail into the front porch roof would also help give a more craftsman like appearance.
Bristow said the garage fits fairly well with the craftsman detailing. She said its scale is more
like a carriage house than a typical garage from this period. Bristow said that the detailing does
fit fairly well except for the window placement on the north elevation, mostly because it is evenly
spaced and lined up and does not really fit with the window detailing on the primary structure.
Bristow said that while the scale of the garage is subordinate to the proposed new
construction/primary building, it is similar in scale to the primary structure next door. She said
the roof height is within a foot height or less of being the same, and the footprint at 608 Ronalds
is roughly the same as the garage footprint. Bristow said that even the footprint of 618 Ronalds,
which is more square with a single -story addition in the back, is similar to the footprint of the
proposed garage.
Agran said that the footprint of the proposed garage is also about the same size as his house
across the alley.
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Bristow said that new information has been submitted that has been provided to the
Commission. She said that today, staff received an e-mail from the applicant with new
information from Service Master that has been provided to Commission members. Bristow said
that some of the information provided includes letters from one of the district residents, a letter
from the architect, and an addendum from VJ Engineering.
Bristow said that the guidelines disallow the demolition of a contributing property in an historic
district unless the owner can demonstrate that it is structurally unsound and irretrievable. She
said that the Commission will consider the condition, integrity, and architectural significance of
the building.
Bristow stated that if the Commission finds, based on the information submitted, that the house
is structurally unsound and irretrievable, then consideration should be given to the design for the
new house and garage. She added that if a design is approved for the new house and garage,
then a motion approving the demolition of the house and garage may be considered by the
Commission.
Bristow said that if the Commission determines that the application for demolition requires more
information, then a decision may be postponed until the following meeting.
Bristow stated that if the Commission determines that the house is not structurally unsound and
irretrievable, then a motion to deny a certificate of appropriateness for the demolition project
should be considered.
Bristow said that, given the number of conditions proposed on the new construction and
comments raised by the staff, if the Commission needs more time to consider this portion of the
application, it could be deferred to the next meeting.
Bristow said that if the Commission decides to allow the demolition of the existing building and
is satisfied that the overall design and the length to which the proposed building extends into the
lot is appropriate, then a motion may be put forth to approve a certificate of appropriateness with
any conditions.
Oliveira, the owner of the property, said that this project is to replace a house with severe cat
odors. He said that when she left, the previous owner moved out for health reasons, and for
several years it was just occupied by some cats. Oliveira said he knew that before he bought
the building, but his goal was to fix the building to make the structure livable.
Oliveira said he is upset about a couple of issues and thinks there needs to be some points of
clarification on the staff report, which he feels left out some very significant items. He said that
he submitted what Miklo asked him to submit, and then he also got one key point of clarification
from the engineering company. Oliveira said that key point is the ability of his firm to assess the
condition of the house.
Oliveira read from the VJ Engineering letter, "This letter serves as an addendum to my 2-18-15
letter on the same referenced property. My previous letter listed structural deficiencies in the
floor and roof framing. These deficiencies would render the house structurally unsafe by today's
standards and codes." Oliveira said this is a very important letter, because it is the cornerstone
of meeting the requirements for this house to be torn down.
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Oliveira said there are some mitigating factors also with this house, because of the
contamination from having 20+ cats living in it. He said that he has had some different people
look at it. Oliveira said that the firm that he had, Prairie Sun Building Services, which he has no
direct ownership in. That should be corrected. He looked at the cost of trying to fix this thing,
compared to tearing it down to build a new house.
Oliveira said the cost is going to be prohibitive to try to get this cat odor out or cat contamination
out. He said the house is toxic. He said the problem is, no matter what he does, and he called
ServPro 360 and talked to the general manager, because in his opinion, the staffs talked to
them about an estimate without even taking a look at the house Oliveira said the general
manager produced a letter that he gave to the Commission, and they are very concerned about
the cost, because they can't really nail it down. He said that the costs on this building could
range from $50,000 to $100,000. Oliveira said the house is not worth it.
Oliveira said that you have to tear it all out and get this thing up to code. He said it doesn't make
it feasible. Oliveira said it would be more feasible to let the house sit, and he really doesn't want
to do that.
Oliveira said that the two issues with the contamination of the house and the potential liability
that his company would have if they just put a band aid on this thing, he would ask the City for
indemnification because of the potential health hazards. He said that he has talked to a lot of
people in the industry. Oliveira said there is no way they can make sure that this house is safe.
Oliveira said that in the application he has some things on some of the problems with the feces
and the cat litter. He said that they had a whole room just filled with cat litter in there.
Oliveira said he would like to try to see if we can't get a house that is designed that fits the
neighborhood. He said he has a lot invested in his properties in Iowa City. Oliveira said the
house could be designed to be historic. He said he's trying to get a single-family residence in
there; the last thing he wants to do is have another rental up in the area where he is currently
living.
Oliveira said he is also working on another historic project at 331 Gilbert, which he hopes to
finish soon. He said he has not shied away from difficult projects. He said that this project, he
doesn't think, that staff did an appropriate job in determining that he's met the issues. Oliveira
said they have met the issues, giving the evidentiary report for being structurally unsound. He
said they also made a point of making sure they had letters and supporting documents that the
cost would be prohibitive to try to fix this situation.
Oliveira said that with that, he is opening it up to the committee to say let's try to fix a potential
problem with a nice house in the neighborhood. He said staff has been working with his
architects, and he bore that cost of having a house designed in preparation for this, and we can
work through those issues about the design, and he is willing to work through those issues.
Oliveira said he would answer any questions, unless the Commission had questions for his
architect. Oliveira said that the numbers are the numbers. He said they looked at existing
numbers of trying to fix the house as is. Oliveira said he knows that Miklo says he doesn't like
to raise the roofline, but that house had people living up in the attic for the last 80 years, and it's
not to code and will never pass code. He said he asked Miklo about what if they raised the
roofline, and Miklo told him he did not think it was possible.
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Oliveira stated that at this point, from his position, he thinks the best way to handle the situation
is to tear this house down and put a brand new style house there.
Corcoran said that staff has noted the size of the two -car garage. She asked Oliveira why he
has had this designed with an apartment upstairs. Oliveira responded that he did it just
because the neighborhood allows it. He said that normally, just like out in the Peninsula where
all the craftsman houses were designed with a little flat above. Oliveira said he thought it would
probably make the house a little more sellable.
Oliveira said they are seeing people with aging in place housing, or sometimes their kids come
home. He said there could be a number of reasons.
Corcoran said she noted that there is an elevator in the plans. Oliveira answered that they have
been working on two or three designs. He said they have some other lots where they want to
do similar houses. Oliveira said they have a house that is going on the market, plans are going
up. He said that their houses will all have elevators or shafts for elevators in them, because
they think there is a need for multi -generational housing, where people can live, people his age.
Oliveira said he and his friends are all being faced with the fact that they may have their parents
living in their house or near their house. He said they are all trying to figure out how to do it.
Sandell asked Oliveira when he acquired this house. Oliveira said it was just this past fall,
although he had been talking to the owner for a number of years. He said the owners had been
gone for a good two years, just having caretakers take care of the cats.
Swaim asked if anyone else would like to speak on this item.
McGuire said she is one of the two residents of 618 Ronalds Street. She distributed a summary
of some of the comments that she wanted to make. She wanted to speak first to the high burden
that has to be shown here. She said that on the current record before the Commission, she
does not see that the applicant has made the required showing either for structural soundness
or the irretrievable nature of this.
McGuire said she was surprised to see some new to her historical information about the house.
She said she has been in there a number of times and has come to appreciate that it as a
contributing property given its history. McGuire said, as to the condition, she is not an expert but
if there is any doubt the Commission should not approve the demolition.
McGuire said that as a resident of the North Side Neighborhood since 1978, she wanted to
speak about the proposed replacement building being totally inappropriate and how important
the Commission's decision is tied to, not just the condition of the house, but together they must
consider with the question of what replaces it. She said she was quite shocked when she saw
the plans and how mammoth it is. McGuire said one of the pictures she handed out shows from
the back of her house how the houses currently align: hers and the two to the west of hers.
McGuire said that one can see all the way to Johnson Street from there. She said that the top
right picture is from her second story, looking in the same direction.
McGuire said the one that she thinks is most important to look at is the one in the lower left.
She said it is a photograph looking back into the back yard of the current house at a diagonal
one can see the commons formed by the back yards in the block. McGuire said she respects
that Oliveira is a property owner, but if one looks into the numbers that staff has put together
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May 14, 2015
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about how far back the new proposed structure would go and how far up the garage would go,
one would really see the massive size of this house.
McGuire said she totally respects, although she does not always agree, but totally respects how
important it is for consideration of design details but really any house can have the proper trim
and windows, but that's not what this is about. McGuire said that we're not talking about facial
consistency here; we're talking about spatial consistency.
McGuire said the staff report mentioned the need to be able to look diagonally. She said that on
her block and the one directly west, all of the houses are arranged more or less in an outside
square. McGuire said that the garages on the alley are all one-story. She said this is not the
kind of property for a carriage house. McGuire said there are houses in the neighborhood that
are appropriate for that, but this is not that.
McGuire said the effect of the way the houses are arranged is that it creates a commons of light
and vista and space such that, even though they are cheek to jowl, there is a feeling of real
spaciousness on the whole block, because they can see unobstructed. She said that this
proposed house on a 40 -foot lot with as deep as it would go and as tall as it would be would
effectively cut the south side of the block in half.
McGuire said that is what the Commission needs to consider — is what is the character, not just
facially but spatially of this building. She said there is a certain cohesive nature of the way that
the properties are arranged, and that is what she is asking the Commission to consider.
McGuire said that this is not just about this one property. She said there are quite a number of
properties on the north side one might want to replace with new. McGuire said she worries
about precedence and this mammoth structure on this small lot.
McGuire said there is some irony here about allowing historic properties to become so
deteriorated so that then you can be repaired. She said that she and Anne Burnside were
interested in buying this property. McGuire said that she kept in touch with the previous owner,
because she was interested in this property in terms of downsizing but staying in the
neighborhood.
McGuire said the previous owner called her in early December and said she would be putting
the house on the market in the spring. McGuire said she asked to be kept apprised. She said
the next thing she heard about it was that there was an offer on the house. McGuire said she
was interested but wanted to have the property inspected first.
McGuire said the realtor told her that Oliveira had written a check for $130,000 without any
contingencies. McGuire said that Oliveira then assumed the risk that he is now asking others to
assume by putting the burden of his business decision on the Commission.
McGuire said she tried to buy the property from Oliveira, but that was when the discussion
started that he had a new business plan, which was to build a new house. She said then she
tried to talk to Oliveira about building a smaller house there, and Oliveira said that he in fact he
had been thinking about that and had some plans for smaller houses.
McGuire said that as a very long-term North Side Neighborhood resident, she feels deeply
about what they have turned that neighborhood around to be and the importance of this
decision not to go backwards.
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Burnside said she lives in the house immediately east of this house. Burnside said that when
she saw the plans that were proposed for the building to take the place of this structure, she
was shocked. She said she stood in her yard and tried to imagine what it would be like to have
this thing on the west side.
Burnside said it made her curious as to whether this was a characteristic of the neighborhood
and she just had not seen it. She said she sat down with the assessor's page online and
produced a map. Burnside said where there are red dots, those are the properties that are
listed on the assessor's page as being in excess of 2,000 square feet of total usable area, which
is 500 square feet less than what is being proposed by Oliveira.
Burnside said there are quite a number of houses of that size. She said that when one looks at
the drawing closely, one sees that there is a visual evidence of what McGuire was trying to
describe, which is that all of these larger houses are either on lots much bigger than 40 by 150
and/or they are on a corner. Burnside said that what that does is it provides space. She said
that one can have a big house without overwhelming the neighbors.
Burnside said that if one looks at the blocks along Ronalds Street, especially the 400s, 500s,
and 600s, one will see a pattern. She said that the big houses are on corners, and in the middle
are these little, skinny lots, such as the one being discussed.
Burnside there is one exception, and that is the green dot on the map. She said that 518
Ronalds is the only house in the entire historic district that exceeds 2,000 square feet, as it is
about 2,100 square feet, that is on a 40 by 150 lot. Burnside said she was curious about the
impact of this house and found the following: it has no garage, and it is a house with a front
section and then a back section that is indented and is one story. She said it therefore has a
much smaller footprint and a much smaller side view. Burnside said that on the ground and as
one lives next to it, it is a much smaller structure than what is being proposed.
With regard to the issue of demolition, Burnside stated that she is not a carpenter or engineer
but knows that the house is the age that staff has given. She said that in all likelihood, it is
made of the same material that her house is made out of, which is oak that is close to one
hundred years old. Burnside said that it was oak when it was cut and built, and it hardened to
be like concrete now. She said that the joists may be over -spanned, but she has tried driving
nails into this oak, and it is remarkable.
Burnside said she has lived here for 30 years, and when she moved into this house, there were
no children and no families with children, but there were a number of vacant houses. She said
there were a lot of houses that were old, early 1900s, but no longer being used for anything
except student rental. Burnside said they were run down and were not being maintained. She
said there was already starting to be some of the cookie cutter apartment buildings creeping in,
as the City had not yet amended zoning to prohibit that.
Burnside said that fortunately for everyone, there was a gentleman, who still lives in the district,
who was really concerned about the status of the neighborhood as a whole. Burnside said he
set about buying one of these rundown houses at a time and brought them up to the level of
being safe and habitable. She said that this gentleman/carpenter then turned around and sold
the properties, one by one, to families. Burnside said that over the years, those houses have
remained in the hands of families, and people have put enormous energy and assets into
making these homes really marvelous places.
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Burnside said that the neighborhood is what it is today because someone didn't give up on
these old houses. She asked the Commission to keep that in mind as this decision is made.
Reynolds said she lives at 619 Brown Street. She said that she is nervous about what could
happen at 610 Ronalds Street. Reynolds said she would like to see the house restored if at all
possible. She stated that if a teardown is inevitable, she wants to believe that the right thing
would be done, that something would be built that would blend in with the neighborhood.
Reynolds asked where the responsibility is for the person who allowed a house to get to the
state where tearing it down is even being discussed. She said that the condition of the house is
not caused not by a faulty eave or poor foundation. Reynolds said her concern is that this
house will set a precedent where a property owner will avoid repairs, maintenance, and upkeep
and just simply request to have the house torn down.
Reynolds stated that tearing down a house, particularly in an historic district, is a gamble that
has a direct impact on the builder and developer but also an impact on all of the neighbors who
invest in their homes and in the neighborhood. She said that she is part of a neighborhood, and
her investments in her home don't trump the investments of her neighbors in their homes.
Reynolds said that when she purchased her home in 2006, the house at 610 Ronalds was
there, and she knew what to expect. She said that it was a moderate-sized, single-family home
with a one -car garage. Reynolds said that a tear down with a larger house and apartment over
a garage is now being proposed in its place.
Reynolds stated that she has not been inside the house, so she does not know its condition.
She said she does know that the house was quiet and nondescript. Reynolds said that the
Commission is entrusted with a decision that is going to set a precedent, and whether to tear
down or restore, she hopes that whatever decision is made doesn't divide the neighbors. She
said she likes the neighbors and neighborhood and wants what is best for everyone.
Maas said that she lives at 620 Ronalds Street. She said she agrees with Reynolds that this
was a nondescript, regular small house. Maas said the thing she is most concerned about is
the size of the proposed structure. She said the precedent of tearing down a house in a historic
district is of course a concern, but she recognizes that there are times when something is truly
defunct and broken and should be replaced. Maas said she does not know if that has been
proven in the case of this house.
Maas stated that she is a little nervous about the size of the proposed house in the sense that it
would be a relatively expensive house to buy. Maas said that she has children at Horace Mann
Elementary, and there has been some discussion at the school district level about possibly
closing Horace Mann because of reduced numbers. She said she is very pro young
family/young kids moving into the neighborhood to provide support for the local school.
Myers said she realizes that the demolition is case by case but she is also worried about setting
a precedent. She said that the Commission's decisions provide guidance for the neighborhood
and all the historic districts.
Myers said she became interested in this, because she thinks it might affect any application for
demolition that is based on health and safety concerns and how the phrase structurally unsound
and irretrievable will be looked at and interpreted in the future. She said that this is not
necessarily talking just about cat urine but maybe about other animal problems or radon or lead
HISTORIC PRESERVATION COMMISSION
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or asbestos or smoke damage or mold or all these kinds of problems that can come up in old
houses.
Myers said she was happy to read in the guidelines that the issue is not whether the
neighborhood would be better served by a tear down and new construction but is basically
whether the property is unsound and irretrievable. She said there are specific criteria, which are
condition, integrity, and architectural significance of the building. Myers said the architectural
significance is this folk vernacular style, and she didn't find anything saying that that style is any
less important than any other style, for example, craftsman.
Myers said that all of the reports that she read before the meeting say that the building is
structurally sound or, according to another report just submitted, sound like the building is
fixable. She said there was talk about the interior finishes and agreed that they need to be
replaced, according to one of the reports.
Myers said that, according to the 30th annual report on the historic preservation awards, the
house at 617 Ronalds was stripped to the studs; new HVAC was installed; and it had new,
electrical, plumbing, insulation, kitchen, den, fireplace, deck, cabinets, countertops, doors,
windows; trim, and siding. She said she therefore agrees with the staff report that says that the
work needed on 610 Ronalds could be considered typical renovation work on an historic home
that has seen mistreatment and lack of upkeep.
Myers said the documents referring to extra costs contain one line item of $79,000 that, as she
understands it, is a loss of value after remediation. She said that she looked at the assessor's
report showing that the house sold for $130,000 in December of 2014 with the knowledge of the
cat urine problem. Myers said the house itself is currently assessed at $70,640, and in 2012 it
was assessed at $101,000, and this year the land is assessed at $68,000, which is up $8,000
from last year. She said she thinks about it in terms of the costs needed to remediate the house
and how that all balances out. Myers said that already the house that a few years ago was
$100,000 is now assessed at $70,000 so that there might be some room to invest in the house.
Myers said that if the demolition is denied, she thought that under guideline 2.8, the owner might
be able to apply for a certificate of economic hardship if it turns out that the costs are huge. She
said that at the very least, she does not think there is enough evidence to decide this right now.
Rapson said she lives at 719 North Johnson Street. She said that Oliveira purchased the house
in December 2014. Rapson said the information that now the house is deteriorating to the point
that it needs to be demolished just doesn't seem to jibe with the rest of the things that have
been said.
Rapson asked why the apartment on the back of the garage would be permitted if the property
is zoned for single-family. Miklo replied that in the RS -8 zone, the Medium -Density Single
Family zone, where this is located, accessory apartments are allowed, provided that the
property is owner -occupied. He said that has been in the zoning ordinance since around 2005.
Rapson commented that Oliveira lives across the street and stated that he does not want more
rentals in the neighborhood, yet he is proposing to build a large house that has a rental.
Rapson said she has concerns about whether or not the size of the proposed structures would
be appropriate.
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Rapson said she has lived here for 20 years and works with a contractor. She has gone through
the process and submitted plans to change houses in the neighborhood that were of historic
significance. Rapson said it is a lot of work, and she takes pride in what she has done to
maintain these homes.
Rapson said she noticed ten years ago that someone new had bought a house and was putting
casement windows in it. She said she asked the contractors about putting in windows that did
not match code in the historic district, and the window person said that they told the guy that he
shouldn't put them in — that it wouldn't be compliant — and the owner said that he is from
Chicago and has dealt with City building officials for years and that it wouldn't be a problem —
that he could handle it. Rapson said that turned out not to be the case, because he had to
replace all of those windows. Rapson said she feels like now he is trying to get around code to
get what he wants in the neighborhood. She said it is our history that we need to preserve.
Trimble said that works for Friends of Historic Preservation and also was on the Commission for
several years. She said people know her preferences for saving historic buildings. Trimble said
that in her time on the Commission, the Commission never approved a demolition for a house
that wasn't either ruined by a so-called act of God or by something that was not purposeful.
She said the only two houses for which demolition was approved when she was on the
Commission included a pink rambler that was out of character for the neighborhood on
Governor Street so that Bethel Church, one of our most historically important buildings and
churches in town, could expand. Trimble said the other approved demolition was for a house
that had a fire and was irretrievable.
Trimble reminded the Commission members that cost is not the only factor here; what matters is
whether the building can be saved. Trimble said it was mentioned that some Commission
members had previously visited the building. She said she would be interested in hearing their
comments during discussion of the application.
Rust said that he has lived at 915 Bloomington Street since the 1990s and has lived 31 years on
the north side of the City. He said he agrees with what the last speaker said about
irretrievability concerns for this building. Rust said he also agrees with the concerns about the
size of the proposed building. He said that on the north side of Bloomington Street, Oliveira is
building a house to the east of his that looks to be much more in scale with the houses that exist
in that part of the City. He urged reconsideration of the size of this project to take the
surrounding properties into account.
Carlson said he does not live in this neighborhood but lives at 1122 Penkridge. He said
Oliveira's house at 617 Ronalds was mentioned. Carlson said that when Oliveira bought the
property, he came down and talked to him and worked with him on repairing it. Carlson said
that Oliveira planned to do on this house what he did at 617 Ronalds. Carlson said they did
some research on the cat urine issue and found out that what one normally does is encapsulate
it. He said that everything is torn out and what is left is encapsulated. Carlson said the problem
is that encapsulation doesn't last. He said that it stays there, is a rigid material, included on
wood.
Carlson said that wood takes on moisture in the summer in Iowa, and in the winter it loses
moisture. He said that it moves and the encapsulate breaks. Carlson said that what is in the
wood is going to come back out and could make those living in the house sick.
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Carlson said that the second floor of this house has always been occupied. He said there is
only four feet seven inches of headroom at the top of the stairs, and he had to get on his knees
to make the second floor. Carlson said that the windows on the second floor are about 24
inches wide and about three feet tall, way smaller than what a fireman with a backpack could
do.
Carlson said one can say that the door at the bottom of the stairs will be closed and no one will
use the second floor. He said that is not realistic, however, because if someone buys the
house, about half of the living space of the house is on the second floor. Carlson said that the
only thing you have to provide access to the attic and to the roof for fire purposes; it's part of the
building code.
Carlson said that the first floor and the second floor are the same. He said they could possibly
be rebuilt, but the problem is, how they rebuild to make sure that in the future, no one gets sick
from what is left from the cats.
Carlson said that Oliveira did not put the cats there. He said that this is not one of those cases
where a landlord turned the house over to the students and turned it over to them and did no
maintenance and then said the house is in no shape so it has to be torn down. Carlson said
that Oliveira bought it with the intent of remodeling it by doing the exact same thing as was done
to 617 Ronalds and then selling it for a single family to move back in to the neighborhood. He
said that Oliveira did not want students renting across the street.
Carlson said the reason there is an apartment above the garage is simply to help the family
afford it. He said that the apartment could be used for family members or rented out for income.
Carlson said that it does not have to be there, but it decreases the burden on whomever
eventually buys the house.
Oliveira thanked the Carlson Design Team for helping him on a significant amount of projects in
Iowa City. He said that 617 Ronalds was a project that they purchased, started restoring,
received some bad advice on, ended up having to redo the windows to get it right. They worked
with Carlson's firm to get all the compliance levels in place.
Oliveira said that the plus of remodeling that house was significant. He said the issue on 610
Ronalds is that they deem it structurally unsound, as in the VJ Engineering report and the
addendum letter about the structural integrity.
Oliveira said that costs do play a role here. He said that Miklo clearly told him that he needed
to put together some cost analysis — where they think they would be and if it is cost prohibitive
to make this work. Oliveira said that if it gets to the point where it seems like this will not work,
he doesn't know what they will do with the property, but it could be sitting there for many years.
Oliveira asked the Commission to take a look at the facts that they presented in the application
to tear this thing down. He said they could modify to make the building smaller. Oliveira said
they are one foot off the front, the site lines and said they are eight or nine feet off from the other
houses in the back.
Oliveira said they could shorten the house up and meet the Commission requirements and
concerns of the neighbors. He said that for the time being, they need to have a vote on whether
they can tear the house down. Shaw said they have met the burden of proof, and the letter from
HISTORIC PRESERVATION COMMISSION
May 14, 2015
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VJ Engineering has met the code requirement. He said they have also presented the cost
analysis, and it is going to be prohibitive.
Oliveira said they also have a letter that Carlson wrote as a professional engineer who has
worked in Iowa City for over 20 years. He said there is a letter to Doug Boothroy that was
supposed to be included in the packet to address the health issues. Swaim said that it was in
the packet.
Oliveira said those are the issues. He said that once they move past that, they can come back
and work to size the house down and meet the concerns of the neighbors. Oliveira said they
will have to work out the garage design.
Oliveira said that the current structure as is a health hazard. He said it is irretrievable. Oliveira
said they have met the requirements, and it needs to be torn down.
Swaim said that Trimble had asked those who had visited the house to give their thoughts:
Ackerson, Agran, and Michaud.
Ackerson said he expected, based on why they were being asked to go in there, that it would be
a lot worse than it was. He said his impression of the house was that it was not a really great
house in lots of ways. Ackerson said it seemed that one room in particular smelled a lot more
strongly than anywhere else. He said he did not find that he had any strong reaction other than
it smelled like a house that had cats in it.
Michaud said the heat was running, and the house was totally sealed up when they visited.
She said that she was really looking for structural flaws, because that would be the premise for
demolishing. She said she was really surprised. Michaud said it was in good condition. She
said it had drywall, and obviously drywall can be replaced.
Michaud said that the heating system was updated, and she thought it also had air conditioning.
She said that the siding was in good shape, but the roof needs to be replaced. Michaud said
that it is an old house, but she thought the floors had been refinished in the past ten or 20 years.
She said that the room with cat litter would have to be really stripped down and the floor
replaced.
Michaud said she was surprised when she went in the basement. She said that it looked very
plumb. Michaud said there was a high ceiling in the basement, and it had been occupied at one
point. She said there was paneling on the walls, but it did not seem like water damage was an
issue. Michaud said she smelled a faint odor of cat, even though the house was entirely closed
up.
Michaud said it seemed like the problem was not structural, but she thought the inside would
have to be renovated. She said that anything that was permeated with cat urine would take
serious gutting.
Michaud said there is certainly a wave of older buildings being torn down for high density.
Because of high-density buildings going up next to her own house, she understands the
concerns about gardens and sense of space.
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Michaud said that as far as precedent goes, in the late 90s there was a house on Summit Street
that was probably the largest on the block. She said there was a person with disabilities living in
it, and they proposed to add a wing on the back to accommodate his needs. Michaud said there
were already 36 -inch doors, various ramps, etc. She said the neighbors were upset, because
the size of the proposed addition would have blocked the sense of commons or openness of the
backyards. Michaud said that was not approved, because it did not conform to the spacing and
massing setbacks of the neighborhood.
Michaud said it is her impression that if her 1890s house was damaged so severely that it had
to be taken down, it could not be replaced with anything higher or with a larger footprint. She
said she has never heard that refuted, and it is constricting what she can do with her house,
even though there is a CB -2 zone right behind it.
Agran said he also went through the house. He said he did not notice a strong cat odor, but it
was very cold that day, even with the furnace on. Agran said his family used to have a cat, so
he is probably not susceptible to cat odor in general.
Agran said he is not a structural engineer and was not about to pass judgment on whether the
building/structure itself is unsafe. He said that if the Commission is expected to pass judgment
on very technical issues, it is his feeling that it needs to somehow get its own counsel to guide
the Commission on what things to look for. Agran said that otherwise, it seems that the
Commission members will get themselves into a situation where they have experts versus
experts and will be forced to make judgments that they have neither the training nor the
expertise to make.
Swaim stated that there are two issues: the demolition permit and the proposed replacement.
She asked for other thoughts.
Ackerson said, based on the addendum to the VJ Engineering report, that the previous report
did not really indicate that the house was structurally unsound, but the addendum does say that,
based on the previous report, the deficiencies would render the house structurally unsafe by
today's codes and standards. He said that if one goes into any house in the entire north side
neighborhood and sees that there is undersized framing, that would be the case in most of the
houses. Ackerson said he felt less confident about the decision until he saw the addendum
stating the deficiencies that make the building structurally unsafe. He said that saying that
because a house was built to a different code or standard allows it to be torn down, that is what
the addendum says to him.
Ackerson said that is what the addendum says to him, and he said he is concerned about that,
especially because the deficiencies don't include the foundation. He said that a lot of
foundations in this neighborhood are being redone. Ackerson said that this is just floor and roof
framing, which is highly accessible. He said if the Commission approves this based on just the
addendum, they would be hard-pressed to not approve tearing down any house in the entire
district.
Bristow said that she had a conversation with building inspector Terry Goordt regarding the idea
of the unsafe over -spanned structure discussed by VJ Engineering. Bristow said that Goordt
basically reiterated the point that pretty much most if not all of the historic properties would be
considered over -spanned by today's building codes.
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May 14, 2015
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Michaud said that yet the three cottages have been standing for about 170 years. Ackerson
said there are better standards now to build houses. He said his concern is just with the
particular statement about the specific things that they are saying render it structurally unsound.
Miklo said that the guidelines state that before a demolition permit is approved, the replacement
building also has to be approved. He advised the Commission to come to a consensus as to
whether the burden of showing that the house is structurally unsound and irretrievable has been
met. Miklo said that if the Commission feels that informally, then it can move on to the next
question. He said the Commission actually does not vote on the demolition until it is satisfied
with the design for the new structure.
Miklo said the staff report gives the Commission some direction. He said that if the Commission
finds that it is not satisfied that the information presented shows the building to be structurally
unsound and irretrievable, it could vote the demolition down. Miklo said the Commission could
defer it to ask for more information, in which case the City would have to hire a consultant or
third party to look at this independently. He said that the Commission may be satisfied that the
information presented is sufficient to allow the demolition of the house. Miklo said the
Commission should not take a vote on that until it is also satisfied with the design of the new
house.
Michaud asked if it is accurate that one cannot replace an historic house with one that has a
larger footprint or a greater height. Miklo said that the guidelines do not say that explicitly,
although there may be some zoning issues in Michaud's case in terms of the percent of the
footprint to the lot area.
Corcoran said she is concerned about the length of the replacement house, the size and scope
of it, and the garage. She said that this is a historic area. Corcoran said she looked at the
house several times from the back and front and could not say for certain if there is an exact
setback that is met all along these streets.
Corcoran said that here the applicant did not go with the setback of the two houses on either
side. She asked, if this were approved and the owner wanted to build this, would he have to go
to the Board of Adjustment and get a special exception to not meet the setback in this area.
Corcoran asked what the laws are.
Miklo said that the current setback is only 15 feet in the RS -8 zone. He said that if more than
50% of the houses on the block are set back more than 15 feet, then the house has to be set
back the average of the two houses on either side. Miklo said he believes that means that it
would have to be set back to fall back between 608 and 618. He said that refers to the front of
the porch. Miklo said he was not 100% certain of that. He said it is about a foot or two off, so it
would not be difficult to move it back farther.
Corcoran asked Oliveira if he had spoken to a lawyer about the requirements. Oliveira
answered that he hired a professional architect to deal with the building codes.
Oliveira said they submitted the plans to Miklo's department, and they came back with many,
many requests for changes to the plan, so they were taking those one by one, going through
them to get to this point to even have a plan. He asked how far away they are from where the
other houses on the block are.
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May 14, 2015
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Corcoran said she would like to see where the other houses are before making some kind of
determination. Miklo said that before a building permit is issued, this would have to comply with
the setback averaging rule, if it does apply in this case.
Miklo read from the ordinance that it is where at least 50% of the lots along the frontage have
been developed, and all of these developed lots are occupied by principal buildings that are
located at least five feet further from the street than the required front setback, the required front
setback along the frontage is increased to the equivalent of the setback building closest to the
street. He said it is not certain that would apply here, because he did not think these are 20 feet
back. Miklo said that as long as they are between 15 but less than 20.
Carlson said they went back and checked the distances and setbacks along the block. He said
they thought they were compliant with the zoning ordinance on that. Carlson said that if it is
thought that the house would be better slid back a little bit so that the porch lines up, then they
would be glad to do that.
Carlson said that is not the primary issue. He said they made a number of revisions to this
house based on comments from staff, but he does not remember setback being one of them
previously. Carlson said that if it needs to be moved back a foot or two so that it balances with
the house on either side to be appropriate that is not a problem.
Corcoran asked for the square footage of the replacement house as designed. Carlson said it
would be about 2,500 square feet. Corcoran asked for the size of the garage. Michaud said it
is 720 square feet. Carlson said the apartment would be 650 square feet, which is the size the
City ordinance allows for an accessory apartment above a garage.
To clarify, Miklo said that the zoning code does not require the building to be set back further,
but the Historic Preservation Handbook guidelines do. He said that the building could not stick
out farther than 608, so it would have to be moved back a foot or two.
Michaud asked if there is a setback requirement to conform to the rest of the block for the back.
Miklo replied that the setback in the back is 20 feet from the alley for a principal structure, and
then one would refer to the guidelines regarding mass and scale. He said it is not a hard and
fast rule but is more consistency with the neighborhood that would be the consideration. Miklo
said it is a judgment call on the part of the Commission.
Michaud said that the houses adjacent to this property are one and one-half story houses.
Bristow stated that 608 is a one and one-half story house, and 618 is a two-story house. Miklo
said that 608 was built as a single-family home and was converted to a duplex.
Ackerson said this has to do with the massing of the homes rather than the occupancy. He said
it sounds like, from what was pointed out earlier, that the size of the house as indicated in the
plans would be the anomaly in that central block in terms of all the other back yards so it would
make sense for it to be smaller based on the guidelines.
Swaim said that one of the tenets of preservation is sympathetic infill. She said it is the idea of
blending in with the surroundings in terms of mass, scale, size, and setback.
Swaim said that if the Commission does not approve on the proposed replacement, then it
cannot vote on the demolition. Agran said it seems that the Commission cannot approve the
demolition permit unless there is an acceptable replacement house.
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May 14, 2015
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Michaud said, regarding the garage, that in this case there will be a very narrow back yard, and
there are not comparably -sized garages adjacent to this. She said the scale is really up a
notch, and little things are adding up, such as the ceiling height of nine feet instead of eight.
Michaud said she would prefer to see a second floor put on the original structure.
Corcoran said she agreed with the speakers who said this is a very important decision. She
said there will be a precedent set here. Corcoran said she believes she has sufficient
information to make a decision and feels that the facts presented by the applicant do not
convince her that the property is actually structurally unsound and irretrievable. She said she
would vote against approving demolition.
Corcoran said she does not think the existing structure merits and has met the legal burden that
needs to be met. She said that obviously she does not approve of what is being proposed as a
replacement at all. Corcoran said that she thinks a two -car garage is reasonable, but this is
piling on. She said she does not look at the Commission's role as a way to help buyers of
properties pay for their investment or make money off of it. Corcoran said the Commission's job
is to protect the historic fabric of the City.
Corcoran said this is a small lot. She said that right in the middle of the block, the lot is long and
lean, and the plans for the proposed house are for something that is just too massive and too
big. Corcoran asked about the square footage of the current house. Burnside said the
assessor's website has the total living area at 1,211.
Corcoran said Oliveira is proposing a house that is 2,500 square feet, so more than twice the
size of the current structure, as well as a two -car garage of 720 square feet and a 650 -square -
foot apartment above that.
Agran asked if the total living area is a combination of the basement, first floor, and second
floor. He said that figure of 1,211 sounds way too large for the existing house. Michaud said
the footprint of the existing house is not 1,200.
Bristow said that since the assessor's site discusses the house as a single -story home and
typically, basements are not included in the square footage, she would assume that the 1,200
square feet is just the single, first floor. Agran replied that the figure does not seem possible.
Shaw said he is confused by the process. He said that if one takes an informal poll that finds
that the Commission does not support demolition, there does not need to be any of this
discussion about the replacement house.
Corcoran said she was not taking an informal poll. She said that part of the purpose of this is to
make a legal record. Corcoran said that if the Commission would vote in such a way that
Oliveira wanted to go to court, the Commission would want to make sure that all of the
proceedings reflect what truly happened. Corcoran said this is rather convoluted, because it is
not a one-shot deal.
Shaw said that if there is not support on the Commission to allow demolition, does any of the
discussion about the proposed replacement house have to take place. Swaim asked if there is
a sense that the Commission might approve the proposed demolition. She added that she
would not approve demolition, because she does not believe the house is irretrievable nor
structurally unsound.
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May 14, 2015
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Litton said he would not approve demolition either and also believes the scale of the proposed
house is way off for the neighborhood.
Baker said she also would not approve demolition. She stated that she does not believe the
Commission has been given evidence to confirm that the building is irreparable and
irretrievable. Baker said the Commission has had houses come before it in worse condition
than this one: specifically, a house on Governor Street that had its entire roof blown off to leave
it exposed to the elements. She said that the Commission did not approve a demolition permit
for that house, and it has been rebuilt and has been occupied and is fine.
Baker agreed with the comment that if the Commission goes by the addendum, a demolition
permit could be requested for every single house in an historic district under the premise that
under today's code it would be considered structurally unsound. She said she would be against
approving a demolition permit.
Agran said he remains uncertain. He said there is an opinion that the building is structurally
unsound. Agran said he is unwilling to refuse to acknowledge the opinion that was presented.
He said that the walls in the basement are paneled, so he could not see the foundation. Male
Ackerson said the structural engineer had indicated in the report that he had pulled off the
panels to check the walls.
Baker said she would need more evidence to consider approving a demolition permit, because
she has not yet heard enough to make that decision. Agran said he agreed.
Ackerson said his opinion is similar to that. He said that, based on the addendum that Oliveira
gave as the chief piece of evidence that is supposed to indicate that the house should be torn
down, he would feel very uncomfortable setting such a precedent. Ackerson said he would
need more evidence that the house is anything but old.
Michaud said she agreed with the comments. She said the Commission has approved
significant two-story additions on houses, as long as they were inset by 18 inches.
Bristow said the assessor's website shows 976 square feet on the first floor. Miklo said the
second floor, which is an attic that was refinished at some point with paneling, is 672 square
feet. He said if the attic is included it would be more than 1,200 square feet, but it really is an
attic that was finished off; it is not considered habitable space.
Myers asked, if this Commission wants to deny a certificate of appropriateness, does it have to
consider the new house. She said isn't that only if they want to approve the certificate then it
first has to look at the proposed house. Miklo confirmed this.
MOTION: Corcoran moved that the Commission, having determined that the house is
structurally unsound and irretrievable, approve a certificate of appropriate for the
demolition of the property at 610 Ronalds Street. Ackerson seconded the motion. The
motion failed on a vote of 0-8 (Clore, Durham, and Wagner absent).
Swaim said the certificate of appropriateness is therefore denied. She thanked those present
for their input.
REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF:
HISTORIC PRESERVATION COMMISSION
May 14, 2015
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Certificate of No Material Effect — Chair and Staff Review.
228 South Summit.
Bristow said this was a certificate of no material effect for the replacement of the rubber roof
with a comparable membrane roof at 228 South Summit Street, a landmark building.
125 East College Street.
Bristow said there was a certificate of no material effect for various repairs at 125 East College
Street, including masonry repairs, repairs to wood trim and doors, repairs to the cornice, and
repairs to the roof. She said that all of this was reviewed so that it would follow the Secretary of
the Interior's Guidelines for Rehabilitation.
Minor Review — Preapproved Item — Staff Review.
223 South Dodge Street.
Bristow said this was a minor review to replace some heavily deteriorated windows at 223 South
Dodge Street with wood windows that will match the trim and detailing on the existing windows.
She said it will help consolidate the previously replaced windows so that they will all match.
Miklo pointed out in a photograph that one can actually see that this window had at one point
been patched with putty, with some metal in there and duct tape over it. He said that compared
to other windows that have been denied replacement, these showed some severe deterioration.
728 Washington Street.
Miklo said that all of the windows on this house were replaced sometime after 1996 with vinyl
replacement windows, and all of them are being replaced again. Miklo said that physically they
looked good from the outside but would jam and would not open or close properly. The
residents reported that the replacement windows were drafty. He said this illustrates the
importance of preserving historic windows when possible, because the useful life of
replacement windows is relatively short.
Intermediate Review— Chair and Staff Review
631 North Dodge Street.
Miklo said this application was to replace the asphalt roof on this house with either asphalt or a
metal roof. He said that currently building permits are not required for roof replacement unless
the sheathing is being replaced underneath.
Miklo said the owner in this case is very cognizant of the history of this small Goosetown
cottage and wanted to make sure that what he is doing in the future complies with the
guidelines. He said the owner also did not want to take a chance that once the sheathing was
off that it would need to be replaced. Miklo said a certificate was approved to use either a
standing seam metal roof or architectural asphalt shingles that mimic historic shingles.
DISCUSSION OF HISTORIC PRESERVATION PLAN PRIORITIES AND ANNUAL WORK
PROGRAM:
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May 14, 2015
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Corcoran thanked the outgoing intern, Bailey McClellan, who is graduating.
Corcoran said the subcommittee put together a list of potential landmark properties, after she
and Trimble looked through a number of the surveys. She said they tried to put them in order of
priority.
Corcoran said they identified properties that merited protection because they are historic and
meet either the local or national standards as historic properties. She said there are 25 to 30
properties.
Miklo said the goal is to identify buildings for which the property owners would be approached to
designate as landmarks. He said if the Commission felt strongly about a property, it could take
steps to designate it as a landmark without the owner's consent. Miklo said the idea is to
address concerns raised by the Dubuque Street cottages so that the Commission identifies
buildings proactively and not when a demolition permit is being sought. He stated that all of the
properties are outside of historic and conservation districts.
Corcoran said the properties are not currently protected in any way. She said they especially
focused on the north of downtown area from around Market Street north, because there seems
to be a number of areas there that are vulnerable to tear downs.
Swaim said the south side was not part of this endeavor, because the survey is close to being
done but is not done.
Miklo showed photographs of the properties. Corcoran discussed the reasoning behind
including each of the properties on the list.
Miklo suggested the same subcommittee or other volunteers begin approaching property
owners to see if they would be receptive to designating these. He said that those in favor would
be the easy ones, and those for which the owners object would require some decision as to
whether to move forward.
Miklo said the history on some properties is not fully recorded, so there would need to be a little
bit more research. He said that perhaps Friends of Historic Preservation would help with that.
Miklo said he thought there was enough information to approach owners but not always enough
to approach the Planning and Zoning Commission or City Council.
Miklo said there are some zoning incentives for landmark properties. Swaim suggested having
a fact sheet to give property owners information.
Swaim said she feels that the properties closer to the central business district are probably more
of a priority than some of the others.
Ackerson said that the property on Cedar Street has an owner who wants to sell in the near
future. He said he mentions it because it may be appropriate to be thinking about what
incentives would be available now. Ackerson said there is a lot of property with the house.
In terms of further development of that property, Miklo stated that it would require some sort of
zoning approvals for anything other than a single-family house. He said there are some zoning
incentives that, for preserving historic houses, one can do some other things, such as condos,
for other parts of the property.
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May 14, 2015
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Swaim said that since the goal is to be proactive, that might be a property to start on now, since
the owner plans to sell the property. She said the context of the house is still there, because
there are no surrounding properties. The consensus of the Commission was to first look at the
house on Cedar Street and six other houses near the Central Business District.
MOTION: Baker moved to approve the minutes of the April 9, 2015 Historic Preservation
Commission meeting, as written. Corcoran seconded the motion. The motion carried on a vote
of 8-0 (Clore, Durham, and Wagner absent).
COMMISSION INFORMATION AND DISCUSSION:
Permits for roofs and doors update.
Swaim said this will need to be presented to the Board of Appeals and City Council. She said
she could not attend the Tuesday meeting coming up and asked for a volunteer to attend.
Miklo said that several months ago, the Commission asked staff to look at amendments to the
building code to require building permits for roof changes in historic and conservation districts.
He said that Iowa City does not require building permits for roofs, so they are overlooked in
historic districts.
Miklo said the Commission has had a policy of approving changing metal roofs from metal to
asphalt if the asphalt looks like a shingle roof. He said that one reason for that is because a lot
of the roofs originally were wood shakes and then were later covered with metal.
Miklo said there are good examples of standing seam metal roofs. He said there are metal
roofs that imitate shingles pretty well, but not all metal roofs are created equal. Miklo said that
recently there have been issues where these agricultural -type roofs are being applied, even in
historic districts. He said that the Secretary of the Interior has indicated that some of these
roofs would even make the buildings ineligible for the National Register. Miklo showed some
examples.
Miklo said staff has proposed some amendments to the building code but only for historic
districts, not conservation districts. He said the proposal is to require building permits for
reroofing landmark buildings and buildings in historic districts. Miklo said this would be
consistent with what other cities in Iowa do for historic districts.
Miklo stated that before that can occur, the Board of Appeals, which oversees the building code,
makes a recommendation to the City Council. He said that the Homebuilders Association has
indicated that it will object to the changes. He said the Board of Appeals will consider this next
Monday, May 18. Miklo said that Bristow may be attending, but it would be good to have a
Commission member attend to make the case to the Board of Appeals.
Miklo said staff has also learned recently that the Building Department is not requiring permits
for doors. He said that doors are an important element of most historic buildings and they are
referenced in the Iowa City Historic Preservation Handbook and the Secretary of the Interior's
Standards. Miklo said the proposal is to require a permit for street -facing doors for landmarks
and historic districts.
HISTORIC PRESERVATION COMMISSION
May 14, 2015
Page 22 of 23
Corcoran volunteered to attend the Board of Appeals meeting and the City Council meeting.
Michaud also volunteered to attend.
Michaud asked to put on the agenda for a future meeting discussion of finding a way to reuse
historic buildings. She described a plan by a dentist to allow her to purchase neighboring
properties and connect to them in the back if they meet certain conditions, in order to stabilize
certain areas.
Swaim asked if a memorandum regarding potential building code amendments would need to
be produced for the City Council meeting, and Miklo said it would be beneficial.
Butler House Update.
Miklo said this is a stone house on North Dubuque Street that was built by the operator of the
river ferry crossing. He said that the City acquired when it purchased property for the water plant
and mothballed it and boarded it up. Miklo said there has been recent interest in having the City
do something with it. He said a group of people will be visiting the house on May 21 at 10 a.m.
if anyone is interested. Miklo said that up to four Commission members may attend, and those
attending will meet at City Hall.
634 South Lucas Street.
Miklo stated that this house in a conservation district burned; the roof burned off and three sides
burned. He said that because it was a hazardous situation, the building official required that it
be demolished even though it was in a conservation district, and Miklo wanted to make the
Commission aware of that.
ADJOURNMENT:
The meeting was adjourned at 8:10 p.m.
Minutes submitted by Anne Schulte
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MINUTES APPROVED
HISTORIC PRESERVATION COMMISSION
JUNE 11, 2015
EMMA HARVAT HALL
MEMBERS PRESENT: Kent Ackerson, Thomas Agran, Esther Baker, Kate Corcoran,
Frank Durham, Andrew Litton, Ginalie Swaim, Frank Wagner
MEMBERS ABSENT: Gosia Clore, Pam Michaud, Ben Sandell
STAFF PRESENT: Bob Miklo
OTHERS PRESENT: Elizabeth Egenberger, Tom Egenberger, Alicia Trimble
RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action)
CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:30 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
There was none.
CERTIFICATE OF APPROPRIATENESS:
1102 East College Street.
Miklo said this property is in the College Hill Historic District and is located on the north side of
the street about midway between Summit and Muscatine. He said it is a classic bungalow -style
house, with two chimneys, one of them more prominent but both somewhat distinct.
Miklo said the proposal is to remove one chimney and replace it with a metal chimney. He said
the guidelines discuss chimneys pretty clearly in acknowledging that there are some cases
where non -prominent chimneys could be removed. Miklo said the guidelines do not allow for
new, modern metal chimneys on historic buildings.
Miklo said there have been other situations where chimneys were rebuilt to match an historic
chimney. He said that in a recent case on Grant Street, the owners used a thin, brick veneer
instead of an actual brick.
Miklo said that Jessica Bristow did a mockup showing what the proposed metal chimney might
look like, why it is not appropriate in an historic district, and why the Commission has not
approved these in the past.
Miklo said the Commission has approved the complete removal of chimneys when they are no
longer needed, because furnaces or other equipment are vented out the side of the house, but
has not approved replacing them with metal chimneys. He said that staff would not recommend
approval of this application to remove the chimney but would recommend approval of repairing
the chimney or rebuilding it similarly to what was done on Grant Street with a veneer similar to
the existing brick.
Tom Egenberger said that this chimney was hit by lightning and has cracks in it. He said they
discovered this after having a leak in the kitchen and tracing the leak back to the chimney. Tom
HISTORIC PRESERVATION COMMISSION
June 11, 2015
Page 2 of 8
Egenberger said they will have to do something with the chimney. He stated that the bricks are
cracked in the chimney, so it's not a matter of just tuck pointing it. Egenberger said that as soon
as the insurance company got involved, the price of this became astronomical, reaching about
$8,000. He said if they put a metal, conventional chimney in, it would cost between $3,000 and
$4,000. Egenberger said he did not want to pay the difference, and he did not think putting a
fagade around it seems like a permanent solution and is afraid it might cause more problems
than it actually fixes.
Corcoran said the staff report says that the chimney cannot be demolished, because something
is vented through it. Elizabeth Egenberger responded that the furnace is vented out this
chimney.
Swaim asked if there has been any indication that a chimney fagade has not held up in the past.
Miklo said that he was not aware of any problems. He stated that if it is done properly and
maintained, it should hold up. Miklo said that a lot of modern houses with fireplaces have more
of a faux chimney, so there is precedent for doing it with a fagade.
Miklo said that the ideal situation would be to rebuild the chimney in masonry. He said one
could get the best match, the best look, and permanence. Miklo said the second choice would
be to do a thin, brick chimney.
Wagner said this is obviously not a high efficiency furnace. He asked if it is going up one of
those green, enameled tiled ducts. Tom Egenberger said that it would be clay tile. Egenberger
said he traced it back and found some rotten wood and replaced that, but it still leaked. He said
then he had a contractor look at the chimney and was told that it had been hit by lightning. He
said that a metal lining a possible replacement.
Wagner asked why he couldn't do that and leave that chimney. He said there could possibly be
a combination of tuck point, repairing it so the leaks are gone, and then, to keep water from
coming in the top, put on a chimney cap.
Elizabeth Egenberger said they talked to the contractor, and apparently that can't be done. She
said the problem won't be solved with that type of procedure. Egenberger said they talked to
one contractor and four or five chimney people. Miklo asked if their insurance covered lightning
strikes. Elizabeth Egenberger said that it does, but the limit is $3,000.
Tom Egenberger said they have had bids of $8,000. He said the insurance company gave them
a check for $3,490.
Trimble said she is aware of people who have double-checked with their insurance, and when
the guidelines showed and the Commission ruled that the changes could not be made as
described, insurance companies in some cases did pay the extra.
Elizabeth Egenberger said the insurance company is assuming the Commission will deny this.
She said that the $3,000 is paying for as much as the insurance company will pay for the brick
work and everything else.
Durham asked if it would be possible to reroute the flue so that it doesn't have to go up a
chimney. Elizabeth Egenberger said she did not know but said the furnace is the original
furnace.
HISTORIC PRESERVATION COMMISSION
June 11, 2015
Page 3 of 8
Miklo said that, based on the guidelines, there are two alternatives: rebuilding the masonry
chimney or building a chimney with thin bricks, which would most likely cost less than the bids
received.
Wagner said it seems that the source of where the water is coming from is either through the
top or through the sides where the cracks are. He said that if it is coming through the sides, the
water goes in there and then works its way down and into the walls. Wagner said if that were
sealed, then it's only the top that remains the problem — where the water can get in, get along
the brick, and then eventually work its way into the walls. He said that is what would call for a
chimney cap, which he assumed would work to keep water and animals out.
Wagner said that tuck pointing, if it's done right, could be done to grind out the mortar joints. He
said he was not certain why that would not stop the problem. Wagner said that even if one did a
thin, brick fagade attached to the front of the brick, there would still be the problem of the water
going in the top if there was not a cap. Miklo clarified that the fagade would involve a process to
remove the chimney from above the roofline, build a box, and then put the near brick on that.
MOTION: Corcoran moved to deny a certificate of appropriateness for the project at 1102
East College Street, Iowa City, IA, as presented in the application. Ackerson seconded
the motion. The motion to deny carried on a vote of 8-0 (Clore, Michaud, and Sandell
absent).
Miklo suggested the Commission consider a second motion to approve rebuilding the chimney
or doing a veneer.
Elizabeth Egenberger stated that when they were going to present the original motion for
rebuilding the chimney, they talked with Bristow and discussed having the metal extend four
inches above, having some kind of cap, and reproducing the trim at the top. She asked if that is
what the discussion is referring to. Swaim confirmed.
MOTION: Corcoran moved to approve a certificate of appropriateness for the project at
1102 East College Street, Iowa City, Iowa, with the condition that the applicants resolve
this problem by either: 1) repairing the chimney 2) by rebuilding the chimney with either
bricks or thin bricks to match the remaining chimney and/or 3) installing a metal chimney
with. Agran seconded the motion. The motion carried on a vote of 8-0 (Clore, Michaud.
and Sandell absent).
1009 East Colleae Street.
Miklo stated that this property is located just east of Summit Street and is believed to be one of
the first, if not the first, houses built east of Summit Street in this neighborhood. He said the
house is Italianate in style with some Greek revival aspects.
Miklo said the porch was at one time removed, and the building was covered in asbestos siding.
He said that sometime after 1990, the siding was removed, the exterior of the house was
restored, and the porch was rebuilt on the front of the house, and it wrapped around.
Miklo stated that when the porch was rebuilt, it encroached on the window, which is causing
problems with leakage and rot. He said the applicant therefore proposes shortening the window
and putting in a new sash, double -hung window. Miklo said staff recommends one of two
options, one of which would be to shorten the window so that it lines up with the bottom of the
HISTORIC PRESERVATION COMMISSION
June 11, 2015
Page 4 of 8
adjacent window, which is a later addition to the house. He added that the applicant
alternatively thought he might be able to move the sill so that it would be longer than the
adjacent window and somewhat in between the existing other windows on the house.
Miklo showed the way the window has been patched in causing leaking into the roof and the sill,
which is causing rot. He said there is obviously a problem. Miklo said one typically does not
like to see the front fagade altered when it comes to windows, but there seems to be a reason to
do it here. He said that short of rebuilding the porch roof, there does not seem to be a solution
to this other than raising the windowsill. Miklo said staff recommends approval of decreasing
the window height from the bottom - raising the bottom sill of the window. He suggested leaving
it up to the applicant to determine where between the two red lines on the photograph that
would occur.
Wagner said that presumably all the trim and everything would stay the same. Miklo confirmed
that the trim would be replicated. He added that there is a little detail that one doesn't see very
often on the bottom. Miklo said that would all be replicated.
MOTION: Corcoran moved to approve a certificate of appropriateness for this project at
1009 East College Street, as presented in the application, with the following conditions:
the divided light pattern and window trim detail match existing windows like window B in
the photograph; all trim and siding shall be wood, cement board, or a wood substitute to
be approved by staff; and the siding replacement portion of the application shall follow
the previously distributed certificate of appropriateness. Baker seconded the motion.
The motion carried on a vote of 8-0 (Clore, Michaud, and Sandell absent).
827 Rundell Street.
Miklo said this property is on the west side of the street in the Dearborn Conservation District.
He said this neighborhood was built as part of the Rundell Addition, associated with the
streetcar line. Miklo said this is believed to be one of the earliest houses in the neighborhood.
Miklo said there is some question as to whether this was built as a house or a cottage
associated with the railroad or what its actual purpose was. He said it is very simple and is just
one room in the interior, like a loft space. Miklo added that it has atypical Dutch lap siding.
Miklo said there is some thought that there might have been a porch on the front of the house
that was once removed, but there is currently no evidence of that. He said the applicant is
proposing a small entry porch over the front door to protect the door from rain. Miklo said the
roof would be very simple, would mimic the pitch of the main roof, and would have very simple
craftsman -style brackets. He said staff finds that aspect of the application to meet the
guidelines.
Miklo said other aspects of the proposal include putting in a railing to match the existing railing
on the side entry to the house, which would meet the guidelines. He said another part of the
proposal is to replace the back basement door, which staff does not believe is original, with a
new, very simple, smooth door. Miklo said that, since this is at the back of the house, staff finds
this to be appropriate and recommends approval.
MOTION: Wagner moved to approve a certificate of appropriateness for the project at
827 Rundell Street, in Iowa City, as presented in the application. Corcoran seconded the
motion. The motion carried on a vote of 8-0 (Clore, Michaud, and Sandell absent).
HISTORIC PRESERVATION COMMISSION
June 11, 2015
Page 5 of 8
Swaim asked that the applicant be reminded that any railings and such are to be painted, as
stated in the guidelines.
REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF:
Certificate of No Material Effect — Chair and Staff Review.
320 East College Street.
Miklo said this application involved non -historic additions to Trinity Episcopal Church. He said
this involves a modern addition that was done to complement the original. Miklo said there is a
courtyard behind that, and then there is more modern construction. He said this is basically
repairing roofs, with no material effect, so it was approved administratively.
Minor Review — Preapproved Item — Staff Review.
1009 East College Street.
Miklo said there were other aspects to the repair of this property, including damaged siding and
trim materials that were approved administratively so that the owners could get started with the
work. He said that the window project was just approved by the Commission.
625 South Governor Street.
Miklo said there are two windows to be replaced at this property. He showed the street fagade,
facing Governor Street. Miklo said there is one window on the south side that just needs to be
repaired, and one window on the west side to be replaced with a casement window, a window
that opens sideways, to allow egress. He said this was allowed as a minor review — when the
appearance does not change, except for egress.
509 South Lucas Street.
Miklo said the Commission reviewed this building a couple of years ago, when the porch was
rebuilt without a permit. He said the owners then put the porch back the way it was originally.
Miklo said the owners had done some do-it-yourself window repair, using some epoxies and
putty - materials that would typically not be used on a window. He said that the work did not
last. Miklo said Iowa City Door and Window looked at this and said that the materials used
ruined the muntin bars. He said staff therefore approved replacing the windows with like
windows, in terms of wood windows with metal cladding.
Intermediate Review — Chair and Staff Review.
712 Ronalds Street.
Miklo said this is a non-contributing property, because there have been several additions over
the years, including a porch. He said that the post and spindles are very thin, not something
that would be seen on a historic house.
HISTORIC PRESERVATION COMMISSION
June 11, 2015
Page 6 of 8
Miklo said the property owner proposed replacing the posts or covering them with cedar or
some other approved material to make them wider and then putting lap siding over the railing.
He said that this is a pretty common design throughout Iowa City and is probably a little better
than what is there now.
Miklo said staff approved this administratively. He said that this was a non-contributing property
in an historic district and therefore did not need to come before the Commission.
DISCUSSION OF HISTORIC PRESERVATION PLAN PRIORITIES AND ANNUAL WORK
PROGRAM:
Miklo said the subcommittee has not had a meeting since the last Historic Preservation
Commission meeting. Corcoran said she would send an e-mail to the subcommittee members
to work out a time to meet.
CONSIDERATION OF MINUTES FOR MAY 14,2015:
Agran stated that comments attributed to him were actually made by Ackerson, and comments
attributed by Ackerson were actually made by Agran and should therefore be corrected.
MOTION: Baker moved to approve the minutes of the May 14, 2015 Historic Preservation
Commission meeting, as amended. Male seconded the motion. The motion carried on a vote
of 8-0 (Clore. Michaud, and Sandell absent).
COMMISSION INFORMATION AND DISCUSSION:
Incentives for continued occupancy of historic buildings.
Miklo said that Michaud had asked that this be on the agenda, and he suggested putting off
discussion since she was not in attendance.
518 Bowery to receive Preservation At Its Best Award.
Miklo said this property came before the Commission on three occasions. He said one was to
designate it as an Iowa City landmark. Miklo said it then came for the repair work, which on the
exterior mostly consisted of restoring the storefront windows. He said it then came before the
Commission for review of the sign.
Miklo said this property will be awarded a Best in Preservation in Iowa Award at the
Preservation Summit in Winterset later in June. He stated that Bristow and Corcoran will be
attending the summit to accept the award.
Miklo said there were projects from all over the State, so it is impressive that this project is
receiving the award for the Small Commercial category. He said that Swaim will be sending a
memo to the City Council to bring this to its attention and to remind people of the positive things
that preservation does for and in the community.
Swaim asked if the City could send out a press release regarding this to the local and Cedar
Rapids newspapers.
HISTORIC PRESERVATION COMMISSION
June 11, 2015
Page 7 of 8
Miklo said that 610 Ronalds Street, for which the Commission denied a demolition permit at its
last meeting, has been purchased by the neighboring property owners from the former
applicant. He said that it will be coming before the Commission in some fashion in the future.
Miklo added that the City Council will be considering the Commission's request to amend the
building code to require building permits for roofs in historic districts and on landmarks, (not in
conservation districts) and also for street -facing doors/front doors in historic districts and on
landmarks. He said the City Council will be considering this on Tuesday.
ADJOURNMENT:
The meeting was adjourned at 6:05 p.m.
Minutes submitted by Anne Schulte
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Minutes
Human Rights Commission
June 16, 2015 — 5:30 PM
Helling Conference Room
3b(5)
0000�
APPROVED
Members Present: Joe D. Coulter, Paul Retish, Shams Ghoneim, Stella Hart, Edie Pierce -
Thomas.
Members Not Present: Orville Townsend Sr, Ali Ahmed, Kim Hanrahan, Harry Olmstead.
Staff Present: Stefanie Bowers.
Recommendations to Council: No.
Call to Order:
Coulter called the meeting to order at 5:40 p.m.
Consideration of the Minutes from the Mav 19. 2015 Meetiniz Date:
Motion Relish, seconded by Ghoneim. Motion passed 5-0.
Meeting Business
Request from Council for International Visitors to Iowa City (CIVIC)
Civic will be hosting an international delegation who work on human rights and policy in late July
and would like for the Commission to talk to the delegation about the Community Identification
Card. Ahmed and Olmstead have volunteered to participate in this program.
Commission Action Plan 2015
Education
Hart is working on an affordable housing panel for the fall to be held at either the Iowa City Public
Library or the Robert A. Lee Recreational Center. The purpose of the forum is to report out on the status
of affordable housing. Hart plans on contacting area agencies including but not limited to the Housing
Authority, Housing & Inspection Services, Shelter House, Coalition on Affordable Housings, Habitat for
Humanity, Southgate Companies and the Iowa City Area Association of Realtors.
Outreach
Ghoneim will be presenting to the Consultation of Religious Communities (CRC) on June 17 to provide
information and outreach on behalf of the Commission. Ghoneim is hoping the presentation will lead to
collaborations between the CRC and the Commission.
Juneteenth (June 27)
Coulter will accept the Juneteenth proclamation on behalf of the Commission at the Council meeting of
June 16. Coulter and Hanrahan plan to attend the Juneteenth event as representatives of the Commission.
The Youth Art Contest jointly sponsored by Johnson County and the City will have three honorees -two
for visual arts and one for an essay.
The Johnson County Americans with Disabilities Act Celebration (July 25)
Ghoneim and Olmstead will represent the Commission at this event. Joy Beadleston of Access 2
Independence will accept the proclamation on behalf of the ADA Celebration for Johnson County at the
June 16 Council meeting.
Reports
Construction and Trade Job Fair (May 26)
The construction and Trade Job Fair was held at Mercer Aquatic Center on May 26. Retish reports that
turnout was lower than at the traditional job fairs but the event did offer great opportunities to meet with
unions and printer suppliers. Retish will get feedback from other committee members as to future plans
for a similar type fair.
Making Iowa City a Human Rights Community
Coulter reports that the subcommittee is currently collecting names of individuals and groups to approach
for partnership on this initiative.
University of Iowa Center for Human Rights Board
Ghoneim spoke on the Abdelkader Education Project Forum and its essay contest for 2015 collaboration
with the University of Iowa Center for Human Rights.
Retish mentioned that the Center should apply for Ida Beam Scholarships to bring in big speakers for
their events.
Commission
Hart along with others in the Stop Street Harassment movement will be chalking at the Iowa City Pride
Festival on June 20. The organization is also doing training and outreach to University of Iowa sororities
and fraternities. Hart recently received her certification against Domestic Abuse from the State of Iowa.
Ghoneim will be presiding as chair at the American Civil Liberties Union of Iowa Board meeting in July.
Coulter spoke on a recent discussion held between the State of Iowa's Division of Native American
Affairs and the State of Iowa Department of Human Services on the Indian Child Welfare Act (ICWA).
Adjournment: 6:43
Next Regular Meeting — July 21, 2015 at 5:30 p.m.
2
Human Rights Commission
ATTENDANCE RECORD
YEAR 2014/2015
(Meetina Date)
NAME
TERM
EXP.
8/19/
14
9/16/
14
10/2/
14
10/21/
14
11/18/
14
12/15/
14
1/20/
15
2/17/
15
3/17/
15
4/1/
15
4/21
15
5/19
15
6/16
15
Edie Pierce-
Thomas
1/1/2016
-
-
-
-
-
-
X
O/E
X
X
X
O/E
X
Joe D. Coulter
1/1/2016
X
X
X
X
X
X
X
X
X
X
X
X
X
Harry
Olmstead
1/1/2016
X
X
X
X
X
X
X
X
O/E
X
X
X
O/E
Paul Retish
1/1/2017
X
O/E
X
O/E
O/E
X
X
X
X
X
X
X
X
Ali Ahmed
1/1/2017
X
O/E
X
X
X
X
O
X
O/E
X
X
X
O/E
Orville
Townsend, Sr.
1/1/2017
X
X
X
X
X
X
X
X
X
X
X
X
O/E
Kim
Hanrahan
1/1/2018
X
X
X
X
X
X
X
X
X
X
X
X
O/E
Shams
Ghoneim
1/1/2018
X
X
X
X
X
X
O/E
X
O/E
X
X
X
X
Stella Hart
1/1/2018
X
O/E
X
X
X
X
X
X
X
X
X
O/E
X
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
-- = No longer a member
R = Resignation
3=�
MINUTES APPROVED
PARKS AND RECREATION COMMISSION
MAY 13, 2015
ROBERT A. LEE COMMUNITY RECREATION CENTER — MEETING ROOM B
Members Present: David Bourgeois, Larry Brown, Clay Claussen, Maggie Elliott, Cara Hamann,
Katie Jones, Lucie Laurian, Joe Younker
Members Absent: Suzanne Bender
Staff Present: Mike Moran, Chad Dyson, Zac Hall
Others Present: None
CALL TO ORDER
Chairman Claussen called the meeting to order at 5 p.m.
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action):
None
OTHER FORMAL ACTION:
Claussen noted that in the May 2015 minutes there were motions approved 8-1 with Younker being
absent. Those should have been approved 8-0 with Younker being absent.
Moved by Younker, approved by Brown to approve the May 2015 minutes as amended. Motion
assed 8-0 (Bender absent
PUBLIC DISCUSSION:
No public discussion.
RIVERFRONT CROSSINGS PARK PLAN UPDATE:
Karen Howard, with Urban Planning, returned to tonight's meeting to give an update on the Riverfront
Crossings project. In summary, after much flooding along the Iowa River in past years, the City secured
funding through the Iowa Flood Mitigation Program to decommission and demolish the City's North
Wastewater Treatment Plant and convert the area into a new riverfront park. A draft of the park master
plan was presented to the public in January 2015. The consulting team received many comments and the
final plan was modified to address many of the public's suggestions. Howard presented a power point
presentation with more details of the Concept Design Report which has been attached to the May
Commission packet online.
RECREATION DIVISION REPORT
Summer Program Updates: All summer programs have begun with summer camp starting this week.
Camp enrollment is down by about 10% this year. However, in the past the department sees continuous
enrollment throughout the summer so he hopes to see these numbers improve.
PARKS AND RECREATION COMMISSION
June 10, 2015
Page 2 of 6
The department has received a PIN grant to reopen two of its playground programs. These will be hosted
at Fairmeadows and Wetherby Parks.
Summer Events: The Johnson County Juneteenth Committee is hosting a family fun day from noon to 6
p.m. on Saturday June 27 at the Robert A. Lee Recreation Center. This year the Juneteenth event will
celebrate the 150' anniversary of the end of slavery. This free event will include free food, live music, a
theatrical performance, games and activities. The department is very excited to partner with this group.
The Parks and Recreation Department is hosting an ASA Softball Tournament on June 20-21 at
the Napoleon Softball Complex. This tournament is open to all Iowa ASA 8U coach -pitch
teams.
Recreation Program Supervisor — Customer Engagement Position: The department will begin
interviewing for this new position on June 22. This position brought in 122 applications. Chad Dyson,
Zac Hall, Mike Moran and Shannon McMahon, City of Iowa City Communications Coordinator, will
conduct the interviews. This position will oversee all customer service operations for the department. In
the past our facility staff were supervised by several different people. This new position will supervisor
all staff in those positions. We hope that this will improve on communication, streamline information
going out and allow us to expand our services. We will be able to extend our registration hours to any
time a facility is open.
Facility/Project Update: All seasonal operations opened Memorial Day weekend. That included
Fairmeadows and Wetherby splash pads, City Park Pool, and City Park Rides.
Mercer Park Aquatic Center will be converting a restroom on the pool deck to family changing rooms.
Also at Mercer/Scanlon, we will be replacing the partition in the P&G meeting room.
There was an article in the newspaper about the creation of the Youth Sports Council. Dyson is drafting
letters now to send to affiliates. He hopes to hold their first meeting in July to set guidelines, goals and
objectives.
PARKS DIVISION REPORT
Hickory Trail Park Additions: Last year a new playground was added to this park. This week staff was
able to install the park shelter. There have been a couple of benches added to this park as well. Next staff
will be installing adult/kid swings and a shade structure for the park shelter.
Tower Court Spray Pad: This is the City's first spray pad. Spray pads differ from splash pads in that they
are less expensive, they use less equipment and are smaller in size. There will be six spray heads in this
that will cycle with 3 sprayers running at a time. Staff will be installing the playground soon. They will
also add a new drinking fountain that will include a fountain for pets. This meets Blue Zone standards.
Hickory Hill Park Bridge: The bridge is near completion. Jace Werderich and his family and friends and
Boy Scout troop members have done a great job over the last five months working on the bridge. By far
this is one of the most intricate bridges in any of our parks. Hamann noted that the trail looks really nice
with the addition of some new benches. Moran will schedule a grand opening in the near future.
TTRA: Hall noted that they have had success in their efforts with the prairie over the winter. They have
cut down the prairie along Gilbert St. They will cut this again in the fall and in January will over -seed the
PARKS AND RECREATION COMMISSION
June 10, 2015
Page 3 of 6
area. Staff will continue this process and at some point will do a burn. Staff planted 100 sapling
dogwoods and 100 more tree saplings that were donated to the department by the DNR.
DIRECTORS REPORT:
Neighborhood Park Updates:
Highland Park: There is a large stump to be removed. Installation of the new sign and shelter will
be done soon. The neighborhood has a meeting scheduled at the end of August so staff will work
towards having everything complete by that time.
Park Signs: New park signs have been placed at Chadek Green, Creekside, and Willow Creek
Parks. Staff is currently waiting on Highland and Tower Court Park signs.
Reno St. Park: Will be adding a swing set to this park. Shelter added last year.
Ci1y Park: Moran noted that the RFP's for lower city park have been evaluated and staff will be
interviewing three of the companies that submitted an RFP. These include Snyder & Associates,
RDG and Confluence. Moran will have a report for the Commission in September.
Mercer Park: The RFPs for the new playground at Mercer Park are in July. He mentioned that it
may be one group that sells the equipment and another company will install. The City has to do
an RFP for the company to pick the design and then will publically bid the installation. This
project is scheduled to be complete by the end of October.
Ashton House: There has been an increase in the number of rentals for the Ashton House. The new
railing has been installed. Project Green continues working diligently on landscaping. Approximately
150 people attended Project Green's open house. The trail project is proceeding which will connect
Rocky Shore Dr. trail onto the Normandy Drive sidewalk.
Jones noted that the residents of the mobile home parks along Highway 6 have no access to sidewalks or
crosswalks. She feels this community is completely isolated. It seems to her that with the trail so close
that it would seem to make sense to connect. Moran noted that the mobile home park is outside of the city
limits and they have not agreed to annex.
Neighborhood Community Gardens: Gardens have been added to Creekside and Hunter's Run through
the Blue Zones neighborhood gardens initiative.
DogPAC: Sue Dulek, Assistant City Attorney, has drafted a letter to send to DogPAC regarding the
balance of funds in the DogPAC account that were assumed to be earmarked for Iowa City dog parks.
Moran distributed the letter for commission to review. Moran also shared the letter with Anne Burnside
and Barb Meredith who presented their concern at the May commission meeting. In summary, Moran
reported that while DogPAC should not exclude Iowa City when spending these funds, they are not
restricted to just Iowa City. Hamann asked if the $80,000+ balance was all collected from dog park fees.
Moran reported that it is a combination of fees and donations. He also noted that DogPAC has been very
generous in giving the City money for fencing, shelters etc. Bourgeois is going to be requesting money
from them for the windmill that is to be placed in the pond at Thornberry.
PARKS AND RECREATION COMMISSION
June 10, 2015
Page 4 of 6
Benton St. Project: This group is moving forward with their co -housing plan. They are proposing that
this development be built on the two acres of land below Benton Hill Park. This will go before P & Z
Commission tomorrow. The neighborhood has expressed concerns about congestion. This project will
not come before this commission.
Seasonal Employment: Moran stated that this has been the most challenging season to date when it
comes to hiring new staff. Therefore, the Parks division is short staffed. Hall noted that he is working at
getting creative with scheduling to cover all necessary shifts. He noted that no one wants to work
weekends._ Moran noted that the Aquatics division is having the same issue. While some applicants are
eliminated based on their background check, Hall noted that any of his applicants that have been
eliminated have been due to suspended drivers licenses.
Hall noted that he neglected to mention during his report that he and Dyson met with the Wetherby
Neighborhood with police officers in attendance. There have been a number of incidents in the evenings
at the park reported to police and the department. There seems to be two groups of kids who frequent the
park and are pushing out other users. There has been vandalism at the shelter and there seems to be more
attempts at starting fires in the restrooms this year. Police are patrolling the park more frequently. The
department has worked towards more programming in the park making it less attractive to these groups.
These programs include the edible gardens, Frisbee golf and the splash pad. They have discussed putting
a flag football league together as well. While the Police Chief is not fond of arresting youth, he has asked
his department to take the teens to the PD and call in the parents. There will be cameras added to the
shelter facing the restrooms where there seems to be an increased amount of vandalism.
RAGBRAI: Moran announced that RAGBRAI will be riding through Iowa City on Saturday, July 25.
Several current market vendors will set up on Iowa Avenue that day. The riders will go by the market via
Gilbert St. Dyson is working with the Senior Center to hold a fundraiser at TTRA where riders will pass
the park as they head out of town. There will also be a water stop in Chauncey Swan Park.
Farmers Market Update: Moran noted that the transition to the Avacentre management of the market has
gone very smoothly. Hall has added bike racks and seating to the market as well.
Laurian asked what the next step was for The Chauncey. Moran noted that the original budget for
renovation of the park was $250,000 but has been raised to $500,000. The stairs that were initially
coming off the building on the north side will not run onto the park but stop in the alley way. The
department and Commission will take part in the design concept. It is expected that this construction will
begin in approximately one year and will be complete by December 2018.
CHAIRS REPORT:
Claussen expressed his frustration with an article that was recently published in the Press Citizen
regarding Iowa City Girls Softball. He reminded commission that Steve Schuette was present at the May
meeting and there was much discussion about them submitting a budget. He noted that staff/commission
has only received resistance from ICGS. He said that there are claims within the article that are not true.
The article indicates that the department is taking money away from ICGS and putting it into general city
funds. In fact, Claussen reported, the department is trying to recover expenses incurred. Claussen said
that they refer to this as their own park when it is, in fact, a public facility. He noted, on a personal level,
that ICGS schedules a lot of games but not much instruction for the kids and he sees people dropping out
of the program because of the lack of instruction. Elliott asked if the commission should respond to ICGS
regarding the article. Claussen noted that he has been debating whether to do so. He is concerned with
their refusal to submit a budget to the commission and staff. While they say that they are in the red, it is
PARKS AND RECREATION COMMISSION
June 10, 2015
Page 5 of 6
difficult to know by how much when they don't have a budget. Moran said he would like to see how
Dyson's first Youth Sports Council meeting goes before taking any steps. This will give an idea if other
affiliate groups are upset about these fees as well. Younker stated that he is not too concerned about the
Press Citizen article. He said that if there are a lot of statements of confusion, it would be appropriate
after the Youth Sports Council to send a letter from the commission to ICGS. Claussen communicated
with Temple Hyatt that he would like to attend the next ICGS board meeting.
COMMISSION TIME/SUGGESTIONS FOR FUTURE AGENDA ITEMS:
The DogPAC Agreement/Letter to be added to the July agenda.
Laurian noted that she will be absent from the July and August meetings.
ADJOURNMENT:
Moved by Elliott, seconded by Jones to adiourn the meeting at 6:45 p.m. Motion passed 8-0
Gentler absent).
PARKS AND RECREATION COMMISSION
June 10, 2015
Page 6 of 6
PARKS AND RECREATION COMMISSION
ATTENDANCE RECORD
NAME
TERM
~~
N
~
EXPIRE
'n
�Z
r
00
CN
S
Suzanne
1/1/17
X
X
X
X
X
X
X
X
X
X
X
X
O/E
Bentler
David
1/1/15
X
X
X
X
X
X
X
X
X
O/E
O/E
X
X
Bourgeois
Larry Brown
1/1/18
X
X
X
X
X
X
X
X
O/E
X
X
X
X
Clay
1/1/18
X
X
X
X
X
X
X
X
X
X
X
X
X
Claussen
Maggie
1/1/17
X
X
O/E
X
X
X
O/E
X
X
X
O/E
X
X
Elliott
Cara
1/1/16
X
X
X
X
X
X
X
O/E
X
X
X
X
X
Hamann
Katie Jones
1/1/18
X
X
X
X
X
X
X
O/E
X
X
X
X
X
Lucie
1/1/15
X
X
O/E
X
O/E
X
X
X
X
X
X
X
X
Laurian
Joe Younker
1/1/16
X
X
O/E
X
X
X
X
X
X
X
X
O/E
X
KEY: X = Present O = Absent O/E = Absent/Excused
NM = No meeting LQ = No meeting due to lack of quorum
* = Not a member at this time
0
3b(7
MINUTES APPROVED
PARKS AND RECREATION COMMISSION
JUNE 10, 2015
ROBERT A. LEE COMMUNITY RECREATION CENTER — MEETING ROOM B
Members Present: David Bourgeois, Larry Brown, Clay Claussen, Maggie Elliott, Cara Hamann,
Katie Jones, Lucie Laurian, Joe Younker
Members Absent: Suzanne Bender
Staff Present: Mike Moran, Chad Dyson, Zac Hall
Others Present: None
CALL TO ORDER
Chairman Claussen called the meeting to order at 5 p.m.
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action):
None
OTHER FORMAL ACTION:
Claussen noted that in the May 2015 minutes there were motions approved 8-1 with Younker being
absent. Those should have been approved 8-0 with Younker being absent.
Moved by Younker, approved by Brown to approve the May 2015 minutes as amended. Motion
passed 8-0 (Bentler absent)
PUBLIC DISCUSSION:
No public discussion.
RIVERFRONT CROSSINGS PARK PLAN UPDATE:
Karen Howard, with Urban Planning, returned to tonight's meeting to give an update on the Riverfront
Crossings project. In summary, after much flooding along the Iowa River in past years, the City secured
funding through the Iowa Flood Mitigation Program to decommission and demolish the City's North
Wastewater Treatment Plant and convert the area into a new riverfront park. A draft of the park master
plan was presented to the public in January 2015. The consulting team received many comments and the
final plan was modified to address many of the public's suggestions. Howard presented a power point
presentation with more details of the Concept Design Report which has been attached to the May
Commission packet online.
RECREATION DIVISION REPORT
Summer Program Updates: All summer programs have begun with summer camp starting this week.
Camp enrollment is down by about 10% this year. However, in the past the department sees continuous
enrollment throughout the summer so he hopes to see these numbers improve.
PARKS AND RECREATION COMMISSION
June 10, 2015
Page 2 of 6
The department has received a PIN grant to reopen two of its playground programs. These will be hosted
at Fairmeadows and Wetherby Parks.
Summer Events: The Johnson County Juneteenth Committee is hosting a family fun day from noon to 6
p.m. on Saturday June 27 at the Robert A. Lee Recreation Center. This year the Juneteenth event will
celebrate the 150th anniversary of the end of slavery. This free event will include free food, live music, a
theatrical performance, games and activities. The department is very excited to partner with this group.
The Parks and Recreation Department is hosting an ASA Softball Tournament on June 20-21 at
the Napoleon Softball Complex. This tournament is open to all Iowa ASA 8U coach -pitch
teams.
Recreation Pro agr m Supervisor — Customer Engagement Position: The department will begin
interviewing for this new position on June 22. This position brought in 122 applications. Chad Dyson,
Zac Hall, Mike Moran and Shannon McMahon, City of Iowa City Communications Coordinator, will
conduct the interviews. This position will oversee all customer service operations for the department. In
the past our facility staff were supervised by several different people. This new position will supervisor
all staff in those positions. We hope that this will improve on communication, streamline information
going out and allow us to expand our services. We will be able to extend our registration hours to any
time a facility is open.
Facility/Project Update: All seasonal operations opened Memorial Day weekend. That included
Fairmeadows and Wetherby splash pads, City Park Pool, and City Park Rides.
Mercer Park Aquatic Center will be converting a restroom on the pool deck to family changing rooms.
Also at Mercer/Scanlon, we will be replacing the partition in the P&G meeting room.
There was an article in the newspaper about the creation of the Youth Sports Council. Dyson is drafting
letters now to send to affiliates. He hopes to hold their first meeting in July to set guidelines, goals and
objectives.
PARKS DIVISION REPORT
Hickory Trail Park Additions: Last year a new playground was added to this park. This week staff was
able to install the park shelter. There have been a couple of benches added to this park as well. Next staff
will be installing adult/kid swings and a shade structure for the park shelter.
Tower Court Spray Pad: This is the City's first spray pad. Spray pads differ from splash pads in that they
are less expensive, they use less equipment and are smaller in size. There will be six spray heads in this
that will cycle with 3 sprayers running at a time. Staff will be installing the playground soon. They will
also add a new drinking fountain that will include a fountain for pets. This meets Blue Zone standards.
Hickory Hill Park Bride: The bridge is near completion. Jace Werderich and his family and friends and
Boy Scout troop members have done a great job over the last five months working on the bridge. By far
this is one of the most intricate bridges in any of our parks. Hamann noted that the trail looks really nice
with the addition of some new benches. Moran will schedule a grand opening in the near future.
TTRA: Hall noted that they have had success in their efforts with the prairie over the winter. They have
cut down the prairie along Gilbert St. They will cut this again in the fall and in January will over -seed the
PARKS AND RECREATION COMMISSION
June 10, 2015
Page 3 of 6
area. Staff will continue this process and at some point will do a burn. Staff planted 100 sapling
dogwoods and 100 more tree saplings that were donated to the department by the DNR.
DIRECTORS REPORT:
Neighborhood Park Updates:
Highland Park: There is a large stump to be removed. Installation of the new sign and shelter will
be done soon. The neighborhood has a meeting scheduled at the end of August so staff will work
towards having everything complete by that time.
Park Signs: New park signs have been placed at Chadek Green, Creekside, and Willow Creek
Parks. Staff is currently waiting on Highland and Tower Court Park signs.
Reno St. Park: Will be adding a swing set to this park. Shelter added last year.
City Park: Moran noted that the RFP's for lower city park have been evaluated and staff will be
interviewing three of the companies that submitted an RFP. These include Snyder & Associates,
RDG and Confluence. Moran will have a report for the Commission in September.
Mercer Park: The RFPs for the new playground at Mercer Park are in July. He mentioned that it
may be one group that sells the equipment and another company will install. The City has to do
an RFP for the company to pick the design and then will publically bid the installation. This
project is scheduled to be complete by the end of October.
Ashton House: There has been an increase in the number of rentals for the Ashton House. The new
railing has been installed. Project Green continues working diligently on landscaping. Approximately
150 people attended Project Green's open house. The trail project is proceeding which will connect
Rocky Shore Dr. trail onto the Normandy Drive sidewalk.
Jones noted that the residents of the mobile home parks along Highway 6 have no access to sidewalks or
crosswalks. She feels this community is completely isolated. It seems to her that with the trail so close
that it would seem to make sense to connect. Moran noted that the mobile home park is outside of the city
limits and they have not agreed to annex.
Neighborhood Community Gardens: Gardens have been added to Creekside and Hunter's Run through
the Blue Zones neighborhood gardens initiative.
DogPAC: Sue Dulek, Assistant City Attorney, has drafted a letter to send to DogPAC regarding the
balance of funds in the DogPAC account that were assumed to be earmarked for Iowa City dog parks.
Moran distributed the letter for commission to review. Moran also shared the letter with Anne Burnside
and Barb Meredith who presented their concern at the May commission meeting. In summary, Moran
reported that while DogPAC should not exclude Iowa City when spending these funds, they are not
restricted to just Iowa City. Hamann asked if the $80,000+ balance was all collected from dog park fees.
Moran reported that it is a combination of fees and donations. He also noted that DogPAC has been very
generous in giving the City money for fencing, shelters etc. Bourgeois is going to be requesting money
from them for the windmill that is to be placed in the pond at Thornberry.
PARKS AND RECREATION COMMISSION
June 10, 2015
Page 4 of 6
Benton St. Project: This group is moving forward with their co -housing plan. They are proposing that
this development be built on the two acres of land below Benton Hill Park. This will go before P & Z
Commission tomorrow. The neighborhood has expressed concerns about congestion. This project will
not come before this commission.
Seasonal Employment: Moran stated that this has been the most challenging season to date when it
comes to hiring new staff. Therefore, the Parks division is short staffed. Hall noted that he is working at
getting creative with scheduling to cover all necessary shifts. He noted that no one wants to work
weekends. Moran noted that the Aquatics division is having the same issue. While some applicants are
eliminated based on their background check, Hall noted that any of his applicants that have been
eliminated have been due to suspended drivers licenses.
Hall noted that he neglected to mention during his report that he and Dyson met with the Wetherby
Neighborhood with police officers in attendance. There have been a number of incidents in the evenings
at the park reported to police and the department. There seems to be two groups of kids who frequent the
park and are pushing out other users. There has been vandalism at the shelter and there seems to be more
attempts at starting fires in the restrooms this year. Police are patrolling the park more frequently. The
department has worked towards more programming in the park making it less attractive to these groups.
These programs include the edible gardens, Frisbee golf and the splash pad. They have discussed putting
a flag football league together as well. While the Police Chief is not fond of arresting youth, he has asked
his department to take the teens to the PD and call in the parents. There will be cameras added to the
shelter facing the restrooms where there seems to be an increased amount of vandalism.
RAGBRAI: Moran announced that RAGBRAI will be riding through Iowa City on Saturday, July 25.
Several current market vendors will set up on Iowa Avenue that day. The riders will go by the market via
Gilbert St. Dyson is working with the Senior Center to hold a fundraiser at TTRA where riders will pass
the park as they head out of town. There will also be a water stop in Chauncey Swan Park.
Farmers Market Update: Moran noted that the transition to the Avacentre management of the market has
gone very smoothly. Hall has added bike racks and seating to the market as well.
Laurian asked what the next step was for The Chauncey. Moran noted that the original budget for
renovation of the park was $250,000 but has been raised to $500,000. The stairs that were initially
coming off the building on the north side will not run onto the park but stop in the alley way. The
department and Commission will take part in the design concept. It is expected that this construction will
begin in approximately one year and will be complete by December 2018.
CHAIRS REPORT:
Claussen expressed his frustration with an article that was recently published in the Press Citizen
regarding Iowa City Girls Softball. He reminded commission that Steve Schuette was present at the May
meeting and there was much discussion about them submitting a budget. He noted that staff/commission
has only received resistance from ICGS. He said that there are claims within the article that are not true.
The article indicates that the department is taking money away from ICGS and putting it into general city
funds. In fact, Claussen reported, the department is trying to recover expenses incurred. Claussen said
that they refer to this as their own park when it is, in fact, a public facility. He noted, on a personal level,
that ICGS schedules a lot of games but not much instruction for the kids and he sees people dropping out
of the program because of the lack of instruction. Elliott asked if the commission should respond to ICGS
regarding the article. Claussen noted that he has been debating whether to do so. He is concerned with
their refusal to submit a budget to the commission and staff. While they say that they are in the red, it is
PARKS AND RECREATION COMMISSION
June 10, 2015
Page 5 of 6
difficult to know by how much when they don't have a budget. Moran said he would like to see how
Dyson's first Youth Sports Council meeting goes before taking any steps. This will give an idea if other
affiliate groups are upset about these fees as well. Younker stated that he is not too concerned about the
Press Citizen article. He said that if there are a lot of statements of confusion, it would be appropriate
after the Youth Sports Council to send a letter from the commission to ICGS. Claussen communicated
with Temple Hyatt that he would like to attend the next ICGS board meeting.
COMMISSION TIME/SUGGESTIONS FOR FUTURE AGENDA ITEMS:
The DogPAC Agreement/Letter to be added to the July agenda.
Laurian noted that she will be absent from the July and August meetings.
ADJOURNMENT:
Moved by Elliott, seconded by Jones to adiourn the meeting at 6:45 p.m. Motion passed 8-0
Gentler absent).
PARKS AND RECREATION COMMISSION
June 10, 2015
Page 6 of 6
PARKS AND RECREATION COMMISSION
ATTENDANCE RECORD
NAME
IV
V
'n
O1
�
•"
�
,�
o
opo
o
°r,°
�
�
oo
M
o0
_TERM
EXPIRE
kn
�o
r
00
0�
S
Suzanne
1/1/17
X
X
X
X
X
X
X
X
X
X
X
X
O/E
Bender
David
1/1/15
X
X
X
X
X
X
X
X
X
O/E
O/E
X
X
Bourgeois
Larry Brown
1/1/18
X
X
X
X
X
X
X
X
O/E
X
X
X
X
Clay
1/1/18
X
X
X
X
X
X
X
X
X
X
X
X
X
Claussen
Maggie
1/1/17
X
X
O/E
X
X
X
O/E
X
X
X
O/E
X
X
Elliott
Cara
1/1/16
X
X
X
X
X
X
X
O/E
X
X
X
X
X
Hamann
Katie Jones
1/1/18
X
X
X
X
X
X
X
O/E
X
X
X
X
X
Lucie
1/1/15
X
X
O/E
X
O/E
X
X
X
X
X
X
X
X
Laurian
Joe Younker
1/1/16
X
X
O/E
I X
X
X
X
X
X
X
X
O/E
X
KEY: X = Present O = Absent O/E = Absent/Excused
NM = No meeting LQ = No meeting due to lack of quorum
* = Not a member at this time
07-27-15
3b(8)
MINUTES
PLANNING AND ZONING COMMISSION
MAY 18, 2015 — 5:00 PM INFORMAL
HELLING CONFERENCE ROOM, CITY HALL
APPROVED
MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Ann Freerks, Mike Hensch, Phoebe
Martin, Max Parsons, Jodie Theobald
MEMBERS ABSENT: None
STAFF PRESENT: Bob Miklo, Sara Hektoen, Karen Howard, Sara Walz
OTHERS PRESENT:
The meeting was called to order at 5:00 PM.
COMPREHENSIVE PLAN ITEM:
Walz discussed the South District Plan, stating this was the area south of Highway 6 and east of the Iowa
River. There are areas not currently within the Iowa City limits, but in a growth area, so they are still part
of this South District Plan. When drafting this plan, the City did many things including a bike tour of the
area, a van tour with the Planning and Zoning Commission, interviews with neighborhood representatives,
attended a number of neighborhood and school events, conducted an online survey, and held a
neighborhood workshop. Walz explained that it is often difficult to get renters involved in the process as
well as minorities so the Broadway Center provided a lot of the background information, supported a study
done a few years ago and conducted some neighborhood work themselves that they provided to the City.
Eastham asked who Walz talked with at the Broadway Center. Walz replied she worked with Sue
Freeman, who provided her with a number of surveys the Center had done, as well as a study done by
Judy Spears. Walz explained they had done a series of neighborhood workshops in 2008 and 2006.
Walz explained that the assets that came out throughout the process in the South District were
affordability, a great housing opportunity for working families and retirees, parks and recreation in the area,
and the area is full of diversity (economic, generational, cultural). The obstacles that are present is the
heavy reliance on Highway 6 and Sycamore Street to get around the area, the eastern neighborhoods feel
very cut off from schools, parks, and outdoor resources, and the walkability. The trails in the district are
great for recreation, but not for pedestrian commuting due to the lack of connectivity. Additionally there is
a concentration of multi -family housing that is poorly managed. Residents of the South District feels it
lacks an identity so the City used the workshop to talk about creating a sense of place and identity in the
South District. Finally, many people talked about the perception that is perpetuated in the media that the
South District is not a pleasant place to live, and focused on crime. A lot of the people that live in the
South District do not feel that is correct.
Walz showed a graphic regarding the walkability with the new elementary school being built in the South
District. Walz said they looked at a quarter mile area around the Grantwood School, which is the distance
most parents feel is walkable, and almost all the homes in that quarter mile area are single family homes.
Most are owner occupied, and overall there is good walkability within a quarter mile of Grantwood School.
Within that area there are 428 units of housing which is a yield of almost 3.4 units per acre and that is one
of the higher densities in the school district.
Planning and Zoning Commission
May 18, 2015 — Informal Meeting
Page 2 of 10
Walz explained that in terms of future land use, there is not a lot that has changed between the 1997 plan
and the plan the Staff is proposing now, they are just now able to project things a bit better due to the new
subdivision regulations that are in place, the complete streets policy, and the new overreaching
Comprehensive Plan that focuses on sustainability. So Staff was able to apply all those things in this
neighborhood scenario to state what they believe the area could look like in order to achieve all the goals
in the plan.
The big goals being connectivity and walkability. The Plan is looking at the areas that are undeveloped
and are closest to the new school that is being built, to reach the goals. With regards to connectivity a big
part of that goal will depend on the extension of McCollister Boulevard. Many people have said that is
something that holds the District back in terms of connectivity and development. Right now so much of
what people see of the area is from Highway 6 and right now crossing Highway 6 seems like a barrier. So
extending McCollister Boulevard would be another way for people. Especially residents, to access and
move within the district. Walz also showed on the map as Sycamore Street is being built there will be a 8
foot sidewalk along the west side of the street going to the school, and there will a large setback between
that sidewalk and the street. As development in that area occurs, there is a sewer easement that will
eventually have a bike trail, and eventually all the various bike trails will be tied together. This is in
addition to all the complete streets policy that requires connectivity for any subdivision.
Walz pointed out the opportunities for multi-family, one at the intersection of McCollister Boulevard and
south Gilbert Street, and others south of Lehman Avenue. Walz did mention she heard from Southgate
about a possible multi-family development on Gilbert Street west of Cherry
Street and Staff agrees. It is very possible through an OPD plan there may be multi-family in that area
depending on roads being built, but it is a possible opportunity.
Walz showed the future land use map, stating there was an error in that part of the area around
Weatherby Park identified as private open space. That area is private open space and storm water
management within the Sandhill subdivision.
On the map, mostly of what is seen is medium to low density housing, mostly detached, but there are
opportunities for duplexes on the corners, and then also having areas for medium to high density
properties for townhomes and attached housing. She noted there has been a lot of questions about what
type of housing will be developed in this district, and when looking at the newer subdivisions that have
recently been approved, the assessed values run from about $150,000 and up and the median assessed
value in that area is $190,000. This shows there is a range of housing in area.
Walz noted that the part of the plan that is the real update from the previous plan are the aspirational
aspects of the plan, showing some of the diversity of south Iowa City, some of the features that people do
not know are in the area. Diversity in the people, diversity in the landscape, ecologically interesting
places, recreationally interesting places, etc. Speaking to the aspirations of the people that live and work
in south Iowa City seeing that there are real opportunities for building a stronger identity. At the workshop
it was a very positive energizing experience, and there are already some projects in place for the area
such as special signage, a grant for arts programming, all to create a stronger sense of place for the
district. There are many non-profit groups working on projects to bring people together and the
neighborhood groups are already working together, and to have City support shown in the South District
Plan shows the City's commitment to the area as well. It has to be a group effort, a grassroots effort that
the City will support.
Eastham asked how much detail should the Commission discuss this evening, or should they wait until
Thursday's meeting. Freerks said what they don't want to happen is to get into a bunch of opinions today,
Planning and Zoning Commission
May 18, 2015 — Informal Meeting
Page 3 of 10
but to rather ask for clarifications or more information from Staff this is the time.
Martin asked if the website on the agenda is the link to the proposed plan. Walz confirmed that was the
link so the public can review the plan.
Eastham said he does have some items he wanted to discuss but not necessarily questions or items
needing clarification, about the planned placement of lower priced housing. He also asked about the
description of the district, seeing a couple things he finds problematic. One is the figure on crime and he
questions if there was ever another district plan where that was looked at. He also wants to discuss the
manufactured housing and perhaps relocation assistance for either Hilltop or BonAire.
Freerks asked if they ever discuss where the funds would come from for something like relocation
assistance. Miklo replied that Staff was not anticipating redevelopment of those areas at this time.
Hench noted that Highway 6 is definitely a barrier to the area, and doesn't feel the plan has emphasis on
how to overcome that barrier, to make it more pedestrian friendly. Walz said the plan does have language
about extending the trail further to the east and across the river to the west. In terms of going across
Highway 6 the most feasible way to accomplish that is for improvements to the intersections and there
have been many suggestions for a pedestrian bridge across the highway and it doesn't really fit the
paradigm for installing something like that because usually where there is a pedestrian overpass there is a
change in grade. Otherwise there would be a lot of stairs and a ramp on both sides of the walkway which
takes up a lot of space and may not be feasible space or cost -wise. The plan does discuss however
improving the trails and that on the other side of Highway 6, on the industrial properties, there are not
sidewalks or access to connect into. Hench agreed it is a difficult challenge, but it is a major issue of the
area. Walz agreed, especially since so many children do have to cross Highway 6 to get to junior high and
high school and also so many activities for young people are on the other side of the highway. Hench said
it highly isolates the area and forces people to use cars. Walz did say that people at the neighborhood
meetings did mention the need for improvements at Sycamore Street and Highway 6 allow for easier
access across the highway for pedestrians.
Eastham noted he hears from people that they cross Highway 6 at Heinz Road to get to work locations.
Walz agreed and mentioned seeing people crossing the highway midblock, which is not safe. Walz also
noted that the bridge that crosses the river at Highway 6 has a space to walk, but it is really not a sidewalk.
Parsons asked if there has been any conversations with the DOT regarding the bridge issue. Walz said
there is a plan to extend the trail, it just a matter of funding, but when the trail is extended eventually there
will be a sidewalk.
Walz also noted that when McCollister Boulevard is extended there is an opportunity for a loop route that
can take people over to the commercial area west of the river. She noted that the bus system has a good
ridership in the South District.
Freerks noted that this discussion would likely continue over a few meetings and thanked Walz for her
report.
DEVELOPMENT ITEM (S 1315-00008)-
L
Discussion of an application submitted by Joseph Clark for a preliminary plat of Windmill Heights, a 22 -
lot, 6.94 acre residential subdivision located south of Rochester Avenue, east of Green Mountain Drive
and west of Teton Circle. (SUB15-00008)
Planning and Zoning Commission
May 18, 2015 — Informal Meeting
Page 4 of 10
Walz explained that the City is still gathering all the stormwater information. The City Engineer has had
conversations with neighbors and is working through some of the issues. Hektoen said she believes
Public Works has gotten the information they need, so Walz said they will be able to have all the details
for the Commission at Thursday's meeting.
Freerks stated there were the other issues with this item that had come up at the last meeting, because
she wants to make sure the Commission is able to address all of them.
Walz said some of the concerns from the neighbors were issues separate from this platting, and the City
Engineer has had conversations with those neighbors. Walz said she is not aware of how that will be
resolved, but it is separate from the application.
REZONING ITEM (REZ13-00010)
Discussion of an application submitted by Iowa City Co -Housing for a rezoning of 7.8 -acres of land
located on the west side of Miller Avenue south of Benton Street from Medium Density Single -Family
(RS -8) zone to Planned Development Overlay/Medium Density Single -Family (OPD -8) zone to allow
Prairie Hill, a 33 -unit co -housing development.
Dyer recused herself from the conversation.
Miklo reviewed the application details for the two new commissioners. The previous plan included two
parcels that are owned by the City and are part of the Benton Hill Park and the concept was that this park
land would be traded for a larger piece on Miller Avenue thus allowing access to this property. A good
portion of the property would be set aside for conservation easement, it would not be developed. - In the
previous proposal part of it would have been developed, but that is no longer the case. When this
application was previously voted on, the Commissioners that voted against the application were mostly
concerned about the access point to Benton Street as well as access to the park. Miklo showed the
revised plan, stating rather than focusing the development on top of the hill, development has moved
towards the bottom and to the side of the hill leaving the park land untouched. The new proposal has
one additional unit added, and the configuration of the units are different than in the previous plan it was
all duplexes with the exception of 6 apartment units within the common house. The new configuration
has changed to include a set of four townhouses, duplexes, and four -unit buildings (or stacked flats). The
parking is clustered around the private street, there are no attached garages as there were in the
previous plan and that is pretty typical for co -housing. At Thursday's meeting the applicant will go into
that concept in more detail. In the new plan, there are three housing units in the common house rather
than six. The street is still a private street, so the City will not maintain the street or do snow removal, the
homeowners association will need to maintain the street. Much of the sidewalk system in this proposal is
off street and goes between the clusters of units rather than along the street. That is part of the nature of
this development is rather than have individual units face the street they are clustered away from the
street, which is part of the co -housing concept. Co -housing beliefs diminish the use of the automobile
and focus on pedestrians. The only ones who will use this street are those that live in the development
and visitors as there is no through street.
Miklo stated that as with the previous plan there will be removal of most of the woodlands on this site,
and the City Forrester has looked at the woodlands on this property and found them to not be favorable
species, there are ash and walnut trees that are susceptible to disease. There are some larger and nicer
trees, but very few of them. Staff is recommending approval of the tree removal as proposed by the plan.
There is a requirement that when you remove more than 50% of the trees in this zone, you must replace
them with the ratio of 1 tree for every 200 square feet of woodland disturbed. So this development will
Planning and Zoning Commission
May 18, 2015 — Informal Meeting
Page 5 of 10
have to provide a considerable number of trees on the property as well as on other public areas within
the City per the City Forrester's approval. With this development there will also be a disturbance of steep
and critical slopes, but to the lesser extent than with the previous plan.
Parsons asked about the Forrester's statement that the area was not well-maintained and asked what the
definition of not well-maintained was. Miklo explained that area is full of volunteer trees, there hasn't
been any trimming or removal of diseased trees. He explained a good example would be City Park off of
Park Road where invasive species are removed and damaged trees are removed or trimmed. Miklo
stated that City Council approval is needed to remove more than 50% of the trees in a development plan.
He said usually when there are woodlands that are also within critical slope areas the City tries to
preserve them, but in this case as it is a very difficult site to build on and with the quality of the trees, the
extra effort to design around the trees does not seem appropriate.
Miklo also noted another change is there is a sidewalk proposed on Miller Avenue to comply with the City
standards and it would be extended to Benton Street. It would be built as part of this development but
the City would reimburse the applicant for the portion that is on the park land.
Miklo stated that stormwater management is still an issue with this development and the City Engineer is
reviewing the plans and feels in concept it is workable but would add a condition to the recommendation
that at the time of final site plan approval that construction drawings be submitted as if this is a
subdivision. Because this development is not a subdivision, construction drawings are not required for
stormwater management, but City Engineer would like that extra scrutiny for both the street and
stormwater facilities. The street would normally be a public street so the City would have the drawings,
but in this case they are granting an exception and allowing a private street so they would like to review
those details.
Miklo commented on a couple of technical issues that do need to be addressed and is hoping those will be
resolved before Thursdays meeting. There is a requirement that when you have a residential building or a
building in this zone you need to have a 10 foot buffer area between any parking area and buildings and
that it be 50% landscaped or sidewalk. There are some areas where it is only 8 feet, so possible solutions
are to make some of the parking spaces compact or shifting the buildings slightly. He anticipates that will
be resolved before Thursday. Staff is also recommending that the sidewalk on the south side of Prairie Hill
Lane at its intersection with Miller Avenue should be moved away from the curb to provide room for snow
storage and a pedestrian buffer. He noted there is also a water line in the parkway along the street that
they are hoping can be moved to provide for street trees.
Miklo said that assuming that the issues are resolved by Thursday night Staff would recommend approval
subject to conditions mentioned in the Staff report.
Martin asked about the street going to Miller Avenue and the percent of grade of that street. Miklo said it
is 10 %, then down to a 4% grade towards the bottom. He stated that of course the lower the slope the
better but City code allows up to a 12% slope for residential streets.
Hench noted that that park area is full of deer and wildlife, and it appeared the area had already been
altered pretty severely by the housing built to the north and the west and asked if that was an area with
deposit soils. Miklo noted that the surrounding properties were all owned by one family and they
deposited a lot of fill on the hillside when they built the Lodge Apartments, now known as Hawks Ridge.
Hench also asked if there would be any other pedestrian walkway into the area, or just the one coming in
from Miller Avenue. Miklo said there will not be a connection from Benton Street through the Benton Hill
Planning and Zoning Commission
May 18, 2015 — Informal Meeting
Page 6 of 10
Park due to the grades, but there is an access easement for pedestrians on Benton Street and that will
remain in place, but its unlikely there will ever be a trail built there due to the steepness.
Eastham asked where the stormwater discharge would be going. Miklo said that it would be in the
southeast corner. He noted the property to the south of this site has some issues, so the development on
this site will help with that as well because the drainage will be piped underground.
Theobald noted that that area does all fill up with water at the intersection of Miller Avenue and Highway 1.
However that could have been a result of the construction blockage of the drains on Miller Avenue and
that might be resolved now.
REZONING ITEM (REZ15-00008)
Discussion of an application submitted by 709 Clinton, LLC for a rezoning of .41- acres of land
located at 705 & 709 S. Clinton Street from Intensive Commercial (CI -zone to Riverfront Crossings —
Central Crossings (RFC -CX) zone.
Howard noted this property is located on South Clinton Street just south of the Iowa Interstate Railroad
Line, between that rail line and the Crandic Rail Line. Clinton Street is meant to be the spine of the
Riverfront Crossing District, the connection from downtown to the new Riverfront Park so it is an important
street in the Riverfront Crossings Plan. It calls for Clinton Street to be designed as a promenade signature
street. This property is a mid -block location; the Lasansky Art Studio is to the north, and a mixed-use
building to the south. She showed some photographs of the area. Another significant feature of the area
is the MidAmerican substation which is directly to the west which will affect the views to the river and to the
park. The area is perfect for development, is under -developed currently with some office spaces and one
apartment in a building. In the Central Crossing District the scale of development is four stories with the
possibility of bonus heights up to eight stories with transfer of development rights or other bonus
provisions. Setbacks are a minimum of 10 feet on the front, for a multi -dwelling building it would also be
10 feet on the side. Howard outlined in the report how the Riverfront Crossings zone is much more
specific than the current zoning which is Intensive Commercial (CI -1), which doesn't allow any residential.
There are some residents in this area, but it was grandfathered in before the City disallowed residential.
Now the City is trying to transition the area into something that is more commercial and residential.
The Riverfront Crossings Zone is pretty explicit to design standards and development standards going
forward, there are some challenging things about this specific site. There is a significant slope from north
to south and a building will need to meet not only the slope issues but the Riverfront Crossings frontage
design standards (which require entrances at grade if it's commercial space). If residential there are a
couple types of frontages that might lend itself to a sloping site that Howard pointed out in the staff report.
The developer does not know exactly what they want to build at this point, so they did not submit a
concept plan, but do have a footprint of what a building could be on this site. Options are a mixed-use
building or something that is multi -family.
Freerks asked if Staff was comfortable not having more details about a proposed plan for the site since
this area of the Riverfront Crossings Plan is so unique and important to the overall district. Howard replied
that the form -based code does address a lot of the details of what a building design can be. There is
nothing in this location that is not covered by the Code and there is no gray area. The applicant has
indicated they would like to do a five story building which means they will need bonus height and that will
mean there will be more scrutiny of the building design at the planning stage. Any buildings in the
Riverfront Crossings area must go through Design Review. Freerks asked if the Commission will see this
application again, or be able to review the building design. Howard said if the applicant only asks for one
Planning and Zoning Commission
May 18, 2015 — Informal Meeting
Page 7 of 10
bonus floor height it can be approved by just Staff. If it goes above two stories of bonus height it would
have to go through Council to be approved. Howard doesn't believe the applicant will go above a five
story proposal because anything above that needs steel construction and costs increase significantly.
Additionally the building height is limited due to parking limitations on the site, this site is mid -block with
only a gravel alley which will have to be paved as well. The sloped site does lend itself to structured
parking, so they will be able to get significant parking on this site even though it's a fairly small infill site.
Eastham asked about the alley improvements Staff is recommending. Howard said the requirement would
be for the applicant to pave the alley to their north property line. She noted that since this is a significant
up -zoning it is not unusual for the City to require improvements, such as the paving of this alley.
Freerks asked for confirmation that since this property is on Clinton Street, the Riverfront Crossings Zoning
will contain enough restrictions and guidelines for what the development can be built on this property, that
the City has no concerns. Howard said yes, the Riverfront Zonings Code is a little different than a normal
zoning ordinance in that the applicant will have to pay for the streetscape improvements such as sidewalks
and street tree improvements. The City does not have any specific streetscape plan for Clinton Street but
do have general streetscape cross-sections for Clinton Street showing the standards. There will need to
be a 8 foot sidewalk whereas in most areas of Riverfront Crossings it is only 6 feet.
Eastham asked if the developer would be required to make those improvements on Clinton Street at the
time of development. Howard confirmed that was correct.
CODE AMENDMENT ITEM:
Discussion of amendments to Title 14, Zoning to add a definition for "rooftop service areas" and
establish standards for such uses.
Howard said the Mr. Fruin will be coming to the meeting on Thursday to discuss this item, but she helped
write the code language and could explain it and answer questions the Commission might have. Lately
there has been more interest in doing some rooftop amenities at restaurants, bars, hotels, etc., and
therefore the City felt they needed to address the issue before more questions arose. This is currently not
addressed in the Code at all, it doesn't say they are not allowed, so as long as a business meets the
building code requirements there was some question should they be allowed or not. Due to the gray area
in the Code, the City felt they needed to review the situation of these outdoor venues. The outdoor venues
can be nice, and everyone is in favor of them, but there can be issues of noise, setback issues regarding
edge of the roof, how to screen that areas, and what is next door. That is why the City has set it up to be a
special exception, because the conditions can be different on each site. Having it be a special exception,
all requests would have to go through the Board of Adjustment and therefore notifying all the neighbors
who can come to the meeting to address their concerns.
Freerks questioned the concern about the amplification of sound from a rooftop. Additionally there are
lighting standards issues, and Freerks would like Howard to explain some of the options for addressing
these concerns. Howard said there has been a lot of discussion about the amplified sound, currently all
outdoor areas prohibit amplified sound. Freerks noted that people who are guests at the Sheraton with
rooms overlooking the outdoor space at Martinis have asked to change rooms due to the loudness. Martin
asked for clarification on what Howard meant by amplified sound, was it music and speaker noise, and not
people noise. Howard confirmed that was correct. Freerks agreed that even just people noise can be
disturbing to neighbors. She noted concern about allowing this amendment and then it will be hard to
change later once the reality of the situation is felt. Howard agreed that is a legitimate question, and Staff
had a lot of concerns as well, and so proposed that amplified sound be approved through a temporary use
Planning and Zoning Commission
May 18, 2015 — Informal Meeting
Page 8 of 10
permit so that if it is offensive, it is not permanent and can be rescinded. It would have to be reissued on a
yearly basis. And then the temporary use permit would have to go through a review process and the City
can put conditions on it and if the business does not meet the conditions, or there are a lot of complaints,
the permit could be pulled. Freerks noted that whole process can be troubling for all involved, and is
wanting to see what they can do to make it work before there is an issue, not reacting to issues. Freerks
would like to know what other communities do in similar situations. Parsons questioned how Coralville set
up the boundaries for 30 Hop, and Howard noted that is in a location that is different, with interstate noise
and less residential.
Martin asked how Ginsbergs deals with their events, do they need special temporary permits? Howard
said that currently it is unregulated and there isn't even a definition in the code of a rooftop service area,
so this is what the amendment is trying to do, define it and create some standards. Ginsbergs is often
private parties, this amendment is discussing public venue spaces. Dyer said FilmScene has a rooftop
area and the Plaza Center One offices overlook the area.
Eastham asked about not allowing amplified sound and Freerks thought that was a good start, to just see
if the voices alone become an issue. Perhaps there are things the Commission needs to consider and
change to the language based on what other communities have found to work. Howard stated that if
amplified sound was not allowed, that would affect FilmScene because that would mean they could not
show movies outside.
Hench noted he is in favor of this, but also believes in urban density and wants people to live downtown
and have a pleasant experience. They need to control the amplified sound, the lighting issues, and the
whole issue of people drinking a lot of liquor on rooftops is a little bit scary, so need regulations for those
things. Howard said currently they've written the amendment with a 10 foot setback from the edge, for
safety issues, and there has to be a guardrail. The amendment lists the minimum standards and then the
Board of Adjustment can set any additional standards.
Eastham asked if Fruin could address public safety from other communities that have allowed rooftop
areas. Freerks agreed, she would like to hear how this works in other communities, and if this is not
something that needs to be discussed at Thursday's meeting, it can wait to a future meeting when more of
the concerns can be answered. Howard agreed and said there is a balancing of different types of uses
that the amendment is trying to cover and the Commission has legitimate questions that need to be
addressed.
Theobald agreed with the questions of uses, and how it will be regulated between businesses and the
noise can be a determent to the residential areas near the commercial areas. Howard noted Staff would
review the amplified noise concerns and the lighting concerns. Freerks feels that perhaps an hours of
operation limit would help with those concerns. She feels to approach this decision in small steps is best,
that approach has worked in the past. Howard said the Board of Adjustment will review each permit
request and can set the conditions of hours of operations, lighting standards, and other conditions on a
case-by-case basis because every location is different.
Freerks reiterated her request to learn about how this works in other communities and then the
Commission can have a valid discussion of the issues. Theobald agreed that the areas downtown versus
commercial areas next to residential areas are two different issues. Howard noted that the Board of
Adjustment does have the power to say no and not approve a permit request, or set any conditions that
they wish. Freerks also noted that there may need to be a spacing requirement between rooftop areas to
curb noise issues, or something of that sort. Parsons asked if all the rooftop areas would have to be ADA
compliant regardless of their square footage. Howard said yes, what the City would require is above and
beyond what the ADA requires.
Planning and Zoning Commission
May 18, 2015 — Informal Meeting
Page 9 of 10
VACATION ITEM (VAC15-00001):
Discussion of an application by the City of Iowa City for a vacation of the western 160 feet of alley right of
way in the block bounded by College Street, Gilbert Street, Washington Street and Van Buren Street
(Block 43, City of Iowa City)
Miklo noted that the area being discussed can be viewed out the meeting room window. It is an existing
alley and that when this block had several different owners it provided rear access to those properties.
Now that the City owns all but one property on this block except for the MidAmerican substation, Staff
feels the alley is no longer necessary for public uses and it would be incorporated into the adjacent
development if it does occur. Staff is recommending approval of this vacation. Eastham noted that the
staff memo states the City will maintain ownership of the surface rights, and Miklo confirmed that was
correct. Hektoen said it is anticipated that the parcel would be redeveloped and the City would not
maintain or own that surface area in perpetuity.
COUNTY ITEM (CZ15-00001):
Discussion of an application submitted by Nicholas & Kay Colangelo for rezoning of
28.04 acres located at 3022 Newport Road NE. from A -Agricultural to R -Residential and R3 -
Residential.
Miklo noted that even though this is not within the City limits it is on the agenda because it is within the
area covered by the Fringe Area Agreement, which is the first two miles around the city. This property is
on the north side of the City in fringe area A. The Fringe Area Agreement breaks the areas down into
three areas, A is north of the City, B is east and south and C is south and west of the river and there are
specifics for each of those fringe areas. Fringe area A is the County's growth area, whereas the other
fringe areas were both the County and City discourage growth and promote agricultural. The area of this
application is identified as an area appropriate for suburban type residential development. So the
proposal to rezone the northern property to County Residential does comply with the City's agreement
with the County so Staff is recommending that the City send a letter to the Johnson County Planning and
Zoning Commission recommending approval due to the compliance with the fringe area agreement.
Freerks said they will have the consideration of meeting minutes and election of officers at the
Thursday meeting.
ADJOURNMENT:
Eastham moved to adjourn.
Theobald seconded.
A vote was taken and motion carried 7-0.
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34-S ... 01,
�MESQ RA N D U M
Date: July 6, 2015
To: Mayor and City Council
From: John Yapp, Planning & Zoning Commission
Re: Recommendations from Planning & Zoning Commission
At the July 2, 2015 meeting the Planning & Zoning Commission approved the June 4 minutes
with the following recommendation to the City Council:
1. The Commission voted 6-0 to recommend approval of REZ15-00011, an amendment to
the Planned Development Overlay (ODP) Plan setback requirements for Saddlebrook
Meadows Part I.
2. The Commission voted 6 -Oto recommend approval of REZ15-00010 a rezoning of 410
Iowa Avenue also known as lot 6 of Block 45 of City of Iowa City from CB -2 to CB -5.
Additional action (check one)
No further action needed
Board or Commission is requesting Council direction
X Agenda item will be prepared by staff for Council action - Done
MINUTES
PLANNING AND ZONING COMMISSION
JUNE 4, 2015 — 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
APPROVED
MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Ann Freerks, Mike Hensch,
Max Parsons, Jodie Theobald
MEMBERS ABSENT: Phoebe Martin
STAFF PRESENT: Sue Dulek, Katie Gandhi, Bob Miklo, Sara Walz
OTHERS PRESENT: Steve Gordon, Sally Scott, Mark Signs, Tom Gelman
The Commission voted 6-0 to recommend approval of REZ15-00011, an amendment to the
Planned Development Overlay (ODP) Plan setback requirements for Saddlebrook Meadows Part
I.
The Commission voted 6-0 to recommend approval of REZ15-00010 a rezoning of 410 Iowa
Avenue also known as lot 6 of Block 45 of City of Iowa City from CB -2 to C13-5.
The meeting was called to order at 7:00 PM.
There were none.
COMPREHENSIVE PLAN ITEM:
A public hearing on an amendment to the Comprehensive Plan: The 2015 South District Plan.
The plan may be viewed at: www.icgov.org/southic
Walz noted that at the May 21, 2015 meeting there was discussion about multi -family housing
and a desire among some of the public speakers to create more opportunities for multi -family
housing in the District. In the staff memo Walz explained what the Plan had stated in 1997 with
regards to multi -family housing. She said City Staff do plan to have some discussions with
stakeholders in the District to review options. Also in the staff memo it does say it was
inadvertently left out the potential for multi -family housing that exists on south Gilbert Street, west
of the Pepperwood Subdivision, and would require a road connection to Cherry Avenue. It would
require clustering of multi -family to get density because that is an area that has some steep
slopes and is a wooded area. Construction of the road connection to Cherry Avenue would help
traffic circulation in the Pepperwood area.
Additionally there were lots of comments on the neighborhood scenario and Walz acknowledged
Planning and Zoning Commission
June 4, 2015 — Formal Meeting
Page 2 of 9
why there was confusion. When the school district picked the site for the new elementary school
it was away from existing housing subdivisions so there are questions from the existing
neighborhoods on how the new neighborhoods would develop around the new school site,
including those areas outside the South District Plan. Staff is still looking at those possibilities as
some of those areas are not annexed into City limits yet. Walz prepared some tentative
language to aid in clarification of this issue, the current languages states "the future
neighborhood scenario illustrates how our land use and development regulations along with the
goals and principles included in this Plan can achieve a walkable and well-connected
neighborhood in a particular area around the new elementary school". She explained that
proposed updated language would be: "The scenario demonstrates a potential street network
and mix of housing types, a small commercial or mixed-use area and locations of parks, open
space, and trails that align with the goals of the Plan to create a more walkable District with a
sense of place. This scenario takes in account existing features including topography, sensitive
areas, sewer easements, major roads, trails and street connections from existing or platted
subdivisions". When working with the engineering group that aided staff in this Plan, they laid
out an option that could work, the idea was not to dictate a precise layout that was required for
future development or to preclude or delay development in areas of the District that are not
included in boundaries of the scenario.
Walz also noted that in the public discussion there was questions on what is "fixed" or already
laid out. Subdivision regulations can be changed from time to time but in general whatever the
subdivision regulations are at the time, those will limit what can be done, as well as the zoning
codes. Once adopted the text of the plan and the plan map will provide guidance on zoning
density and mix of uses. It doesn't mean that the precise size of the areas that will allow multi-
family, it might be a bit bigger or smaller, it is just a guide. Staff anticipates multi -family being
developed at the corner on Gilbert Street so if someone came in and asked for that rezoning in
line with the text of the Plan and in line with the subdivision regulations they could go forward.
Eastham asked what if single-family was proposed by a developer in an area shown as multi-
family. Walz said that then would be presented to the Planning and Zoning Commission for
discussion and approval for recommendations on the rezoning.
Walz stated that what is flexible on the Plan is the particular street design and layout, although
guided by the subdivision regulations and the goals of the Plan, and the block orientation and
length. The subdivision guidelines call for sensible connectible street pattern and discourage
cul-de-sacs except for where topography or existing street pattern preclude connectivity. There
are variables in the particular mix of uses in the various densities guided by the Plan and the
Plan map.
The final area that was a point of conversation was the buffer from the wastewater treatment
plan and Walz submitted a letter to the Commission that was submitted today regarding that.
She noted this is an area where there is some flexibility but it is hard for Staff to define how much
at this point. So the proposed language would be "the Iowa Department of Natural Resources
has established buffer requirements for separation between wastewater treatment facilities and
residential development." These buffer requirements have to be taken into consideration with
any proposal for development near the treatment plant. Areas that currently fall within 1000 feet
of the south wastewater treatment plant are identified in the IC2030 Comprehensive Plan as
appropriate for development for 2-8 dwelling units per acre. Properties impacted by the DNR
regulation may be allowed to concentrated density through an OPD plan. And the future land
use plan (consistent with the land use plan adopted in 1997 and with the IC2030 Plan) shows
Planning and Zoning Commission
June 4, 2015 — Formal Meeting
Page 3 of 9
locations along Lehman Road appropriate for townhomes or a small number of multi -family
buildings. With regard to the wastewater treatment facility, Iowa City utilizes a gravity flow
system, it flows south, and this facility is south of town and with the 1997 Plan it showed that
development was being precluded from being developed due to the lack of wastewater treatment
services. Due to the flood the need to take the North Wastewater Treatment Plant off line the
South plant is the City's only option for waste water treatment. It is for the interest of all of Iowa
City, not just one area.
Eastham asked if there was a map that shows the area within the DNR required buffer zone.
Walz replied that they are working on a map to show the 1000 feet buffer to the north. She noted
there is flexibility because property owners can sign an agreement that states they will not legally
protest or challenge a wastewater expansion, but that only limits their ability to legally protest,
there is still a political aspect to that. Therefore there is some concern about how far they should
go into developing within that 1000 foot buffer. This is a question that would need to be
considered once a development is proposed.
Hensch asked if the 1000 foot buffer was for future development, to reserve that land. Walz
explained the buffer is for a future expansion of the wastewater treatment plant, and then how
close that expansion would be to the residential areas. She noted that the Kickers soccer fields
are now on land owned by the wastewater treatment plant (public works) and the idea is if at
some point that wastewater treatment facility needs to expand, it would move into the soccer
field area. Miklo stated that the land was purchased for the wastewater treatment plant, the
soccer park is an interim use and will go away in the event the treatment plant needs to expand.
Walz stated Staff is recommending deferral of the amendment to the South District Plan in order
to provide additional time for public input.
Freerks opened the public hearing.
Steve Gordon (AM Management) wanted to acknowledge and thank everyone for taking extra
time to discuss this Plan and is thankful to be included in the discussions. There are a lot of
issues to work out and some on a bigger scale as well as direct issues with specific parcels of
land.
Sally Scott (205 Black Springs Circle) representing the Johnson County Affordable Homes
Coalition and wanted to comment on a few items in the Plan. First she noted that this is a very
thorough and thoughtful Plan that shows Staff and City interest in the area. Scott stated her
comments tonight are both relevant to the current issues as well as some future issues. The
new homes in the area, and there will be many, ideally should be accessible, designed and built
to universal design standards. The population is rapidly aging with 1 in 5 people over the age of
60 and housing should reflect that trend. Next, there are three manufactured home parks in the
District and she would like the City to consider requiring park owners six months or more of
advance notice of the date of sale and the date housing units must be removed from park, as
well as relocation assistance to residents if the park is sold for redevelopment. Manufactured
housing units are a very important source of affordable housing in the community.
Scott's next point is with the multi -family and the concern regarding the limited area of multi-
family in the Plan. She understands trying to reach a balance of income diversity but doesn't feel
that goal is incompatible with more multi -family. Finally, while the Coalition supports multi -family
and mix of housing types, it is clear rental homes need to be affordable to those with less than
Planning and Zoning Commission
June 4, 2015 — Formal Meeting
Page 4 of 9
60% of area medium income. Currently the affordable housing location model that governs the
whole City rules out the assisted rental housing in the South District. This is a problem for the
South District and a problem for the City as a whole and she urges the City to review and revise
the affordable location model. Right now developers interested in working in this area, and they
are unable to do so.
Dulek noted that is incorrect, currently CDBG or HOME assistance is not available for that area,
but housing funded by other sources can be built in the South District area.
Scott thanked Dulek for the clarification and noted that what has happened is the low-income tax
credit which would be the main other source, has made it difficult to build affordable housing in
the area. So the irony is for there to be well -constructed, well-maintained affordable rental
housing, such as the Housing Fellowship, that is what is difficult to achieve with the current
affordable housing location model.
Freerks asked Walz that manufactured housing landowners be involved in any conversations
regarding their properties being addressed in the Plan.
Eastham noted that if owners of manufactured housing parks need to be notified and included in
conversations, the owners of the homes in those parks should also be included.
Walz noted that there were people from manufactured housing parks that did attend community
meetings and have been on the email update lists. They have been given the same public input
as the general public.
Mark Signs (1825 Hollywood Boulevard) is a realtor in town and proudly lives in the South
District and also is a member of the Johnson County Affordable Homes Coalition. He sent some
notes this evening to Walz and wanted to take this opportunity to stress a few of his points. First
is the McCollister Boulevard extension, this is critical to the long-term success and growth of the
South District. He would like to ask the Commission to make sure that message is loud and
clear when the Plan goes to City Council. Secondly, the affordable housing issue. As a realtor
he sees young people and young families who are looking for their first homes and when a two
bedroom condo is approaching $100,000 and it's hard to find a basic three bedroom home for
under $150,000 which shows the need for affordable housing is strong in our community. In a
2007 study commissioned by the City, the 2013 updated study, and the current CITYSteps study,
all point out the great need for affordable housing so in any area that is being developed they
need to look for opportunities for developers and builders to achieve that. Signs believes
allowing for higher density areas is necessary for affordable housing, and he doesn't feel there is
enough high density areas marked on the South District Plan map. Finally, he noted that the
affordable housing model is broken. He is working with developers that want to come into the
area and build affordable housing but having a hard time fitting into the city assistance funding
model. The areas that are currently marked for city assistance funding are areas that are either
not currently developed or being developed with high income housing and not likely feasible for
lower income housing developments. The South District has over 400 acres to be developed,
including affordable housing in some part of that is not going to overtake the whole area, and
there is opportunity for all types of housing in the area.
Parsons asked if there was an official time table for the extension of McCollister Boulevard.
Miklo confirmed that the extension is not in the Capital Improvements Plan so there is no official
time table for completion.
Planning and Zoning Commission
June 4, 2015 — Formal Meeting
Page 5 of 9
Freerks noted that the Commission would like to continue the public hearing at the July 16, 2015
meeting.
Eastham moved that this item be deferred until the July 16, 2015 meeting.
Theobald seconded the motion.
Eastham asked at what point the Commissioners can suggest their input on areas of the Plan
they would like to see further discussion or more detail. Freerks thought that perhaps the public
should have.their input first, then the Commission could weigh in, but he could briefly note his
concerns now. Eastham said he wants more detail on providing relocation assistance for people
living in manufactured housing parks in this District Plan (similar to what the North District Plan
has) and secondly the language having to do with crime and policing. He has been
corresponding with Walz about his hesitations on including crime statistics in this Plan, when the
same information in not included in other City Plans. Finally he would like clarification on the
land use for the Plan and what role the Commission will assume in determining the placement
and development of McCollister Boulevard.
Freerks noted she does not necessarily feel the same with regards to the crime statistic
language and would not be comfortable taking all the language out. There needs to be a
compromise, there has been many accomplishments and positive trends in that area.
Walz stated that the language is just a sidebar in the Plan, it is not essential information, it's not
prescribing any information or directions, and the goal was just to acknowledge the work the
neighborhood has done.
A vote was taken and the motion carried 6-0.
REZONING ITEM (REZ15-00011):
Discussion of an application submitted by Saddlebrook Meadows Development for a rezoning to
amend the Planned Development Overlay (OPD) Plan for Saddlebrook Meadows Part 1 to allow
a reduction of the front yard setback from 20 feet to between 13.91 feet and 18.48 feet for
properties located at 2629, 2637, 2645, 2553 and 2661 Blazing Star Drive.
Miklo introduced Katie Gandhi, a graduate student in Urban and Regional Planning who is
interning with the City. Gandhi presented the staff report, stating that the original planned
development overlay was approved in 2004 and included a front yard setback of 20 feet for the
lots on Blazing Star Drive. Currently there is a house being constructed on lot 43 and proposed
undeveloped lots for 39-42, lots to the west. There was a measuring error in the construction of
lot 43 caused that the front porch to extend 6.09 feet into the 20 yard front yard setback. The
applicant is now requesting to amend the planned development overlay to reduce the 20 foot
front yard setback for lot 43 to 13.9 feet. City Staff has also suggested the applicant request to
reduce the front yard setback for the next three lots to the west which would put the setback for
lot 42 at 15.44 feet, the setback for lot 41 at 16.96, the setback for lot 40 at 18.48 feet, and lot 39
would be back at the original 20 foot setback.
Staff recommends that REZ15-00011, an amendment to the Planned Development Overlay
(ODP) Plan setback requirements for Saddlebrook Meadows Part I, be approved. Staff believes
it will allow the home built on lot 43 to maintain its full width of porch, which is necessary for the
amount of useable outdoor space for that home, and then the stair -stepping back of lots 42 — 39
Planning and Zoning Commission
June 4, 2015 — Formal Meeting
Page 6 of 9
will help maintain the character and uniformity of the homes on the street.
Parsons asked if the City was aware of when the design error was discovered. Miklo noted that
the house was under construction and it was discovered with a building inspection. Miklo noted
the error likely occurred by surveyor believing the porch would be on the foundation, which was
not the case once built. Freerks noted that in the future more care needs to be taken on
following the plans to prevent this from happening.
Eastham asked about the extension of the roof, and if there was any dwelling space above the
porch area. Miklo confirmed that there was no dwelling space above the porch area.
Freerks opened the public discussion.
Steve Gordon (AM Management) is representing the developer stated that the staff report
presented was correct in stating what happened. Gordon thanked Doug Boothroy, Tim Hennes,
and Miklo as they came out to the site when this error was discovered and helped with coming
up with a solution. The site plan that was submitted to the building department and the error was
missed at that point, the building construction got started but as soon as the error was
discovered all worked together to come up with a reasonable solution.
Freerks closed the public discsussion.
Eastham moved the Commission recommend approval of REZ15-00011, an amendment to
the Planned Development Overlay (ODP) Plan setback requirements for Saddlebrook
Meadows Part I.
Hensch seconded the motion.
Hensch noted that he felt it would look odd if the other houses setbacks were not adjusted. He
felt the porch on the home looked nice and was close to the sidewalk which allows walkability in
the neighborhood. He feels it would be unreasonable to ask that a foundation be torn out to
have the house setback correctly.
Freerks agreed, however does not want to reward errors, so if this were to happen again there
would not be such a simple solution.
Eastham noted that from the staff report and discussions at this meeting the error was an honest
error and understands the need to change the plan allowance.
A vote was taken and the motion carried 6-0.
REZONING ITEM (REZ15-00010):
Discussion of an application submitted by the City of Iowa City for a rezoning of 12,000 square
feet of property located 410 Iowa Avenue from Central Business Service (CB -2) to Central
Business Support (CB -5) zone.
Miklo stated this application is before the Commission due to a mistake on the part of City. This
property is located on the north side of Iowa Avenue, the corner property is zoned P -Public and
is owned by the State of Iowa. That was the case for this property as well, it was owned by the
Planning and Zoning Commission
June 4, 2015 — Formal Meeting
Page 7 of 9
State of Iowa, specifically the Historic Society, up until 1987. In 1987 it was sold to a private
entity, a nonprofit (United Action for Youth) and the property was rezoned from public to CB -2 at
that time. However, there was a mistake on the City map and it was not displayed correctly on
the zoning map and then in 2005 there was a proposal on the part of the City to eliminate the
CB -2 zone as part of the zoning code re -write. Therefore all properties that were zoned CB -2
were proposed to be rezoned to some other zone. In this particular block the proposal put
forward by Staff and recommended for approval by the Commission was to rezone all the CB -2
area to CB -5. At that time City Staff thought they were including this property but when the
zoning ordinance was written the legal description for this lot was left out of the ordinance, likely
because the map showed the property as still being Public rather than CB -2.
Therefore Staff is proposing to rezone the 12,000 square feet of property located 410 Iowa
Avenue from Central Business Service (CB -2) to Central Business Support (CB -5) zone as was
intended in 2005.
Eastham asked what the current zoning on the property is. Miklo stated it is currently zoned CB -
2, but the intent was for it to be zoned CB -5. Miklo noted that in 2005 the Council did not get
eliminate the CB -2 zone from the ordinance as proposed by staff and the Commission. There is
still some CB -2 zoned land that remains.
Freerks asked if Miklo could state the difference between CB -2 and CB -5. Miklo said the CB -2
zone is called the Central Business Service Zone and the CB -5 zone is the Central Business
Support Zone. The CB -2 allows some uses such as gas stations and drive-throughs but in terms
of building height it only allows 4 story buildings whereas CB -5 allows 5 story buildings. The
parking requirements for both are roughly the same and setbacks are similar.
Eastham asked if the zoning map was the definitive determinant of the actual zone that applies
to a particular property. Miklo said the intent is that the map should be reliable. In this situation it
is incorrect and needs to be resolved.
Freerks opened the public discussion.
Tom Gelman (714 McLean Street) representing the current owner of the property, a company out
of Madison Wisconsin called Whistler Apartments LLC, they are the same principles that
developed Telluride Apartment Building in Iowa City. They acquired this property clearly with the
intent to redevelop the property and was relying on the property being zoned CB -5. Gelman
noted this situation was an inadvertent error and should be corrected now, and encourages the
Commission to vote in favor of this rezoning.
Freerks closed the public hearing.
Hensch moved to approve REZ15-00010 a rezoning of 410 Iowa Avenue also known as lot
6 of Block 45 of City of Iowa City from CB -2 to CB -5.
Eastham seconded the motion.
Freerks noted this was an obvious error that needs to be corrected, and hopes as the area is
redeveloped buildings are recycled and to be respectful of historic buildings and Iowa Avenue in
general.
Planning and Zoning Commission
June 4, 2015 — Formal Meeting
Page 8 of 9
Eastham agreed this was an error and the correction doesn't appear to harm anyone. He agrees
with Freerks in hoping there is a good design for the redevelopment on this property.
Theobald agreed and further noted that it is important to voice the importance of being respectful
in redevelopment.
Dyer noted that reusable materials should be saved for the salvage barn.
A vote was taken and the motion carried 6-0.
CODE AMENDMENT ITEM:
Discussion of amendments to Title 14, Zoning to add a definition for "rooftop service areas" and
establish standards for such uses.
Theobald moved to defer this item until the June 18 meeting.
Eastham seconded the motion.
A vote was taken and this item to be defer to the June 18 meeting with a vote of 6-0.
CONSIDERATION OF MEETING MINUTES, MAY 18, 2015 & MAY 21, 2015:
Miklo noted that the May 18 meeting minutes had not been provided to the Commission
yet, so those would be on the next agenda.
Eastham moved to approve the meeting minutes of May 21, 2015.
Hensch seconded, with minor corrections.
A vote was taken and the motion carried 6-0.
PLANNING & ZONING INFORMATION:
None
ADJOURNMENT:
Eastham moved to adjourn.
Theobald seconded.
A vote was taken and the motion carried 6-0.
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CITY O F IOWA CITY 3�
MEMORANDUM �-
Date: July 172015
To: Mayor and City Council
From: John Yapp, Planning & Zoning Commission
Re: Recommendations from Planning & Zoning Commission
At the July 16, 2015 meeting the Planning & Zoning Commission approved the July 2 minutes
with the following recommendation to the City Council:
The Commission voted 6-0 to recommend approval of VAC15-00002 an application
submitted by Southgate Companies for a vacation of an existing un -paved street right-of-
way known as Auditor's Parcel #2008020 and two utility easements adjacent to Lot 10 of
Highlander Development Third Addition and north of Northgate Drive.
Additional action (check one)
_ No further action needed
_ Board or Commission is requesting Council direction
X Agenda item will be prepared by staff for Council action
MINUTES APPROVED
PLANNING AND ZONING COMMISSION
JULY 2, 2015 — 7:00 PM— FORMAL IOWA
CITY PUBLIC LIBRARY — MEETING ROOM A
MEMBERS PRESENT: Carolyn Dyer, Ann Freerks, Mike Hensch, Phoebe Martin, Max
Parsons, Jodie Theobald
MEMBERS ABSENT: Charlie Eastham
STAFF PRESENT: Sara Hektoen, Bob Miklo
OTHERS PRESENT: Ed Cole, Joe Hughes
The Commission voted 6-0 to recommend approval of VAC15-00002 an application submitted
by Southgate Companies for a vacation of an existing un -paved street right-of-way known as
Auditor's Parcel #2008020 and two utility easements adjacent to Lot 10 of Highlander
Development Third Addition and north of Northgate Drive.
The meeting was called to order at 7:00 PM.
There were none.
Discussion of an application submitted by Ed Cole for a rezoning to amend a Planned
Development Overlay (OPD) Plan to allow the addition of 45 manufactured housing units to
Cole's Mobile Home Community located in the Planned Development Overlay- High Density
Single Family Residential (OPD-RS12) zone at 2254 South Riverside Drive.
Miklo presented the staff report and began by showing photos of the property area and a zoning
map of the area showing industrial zoning to the west and public zoning to the east and south.
The subject property is located in the South Central Planning District, east of Riverside Drive and
north of McCollister Boulevard. Currently, the property contains Cole's Community Mobile Home
Park (formerly known as Thatcher), along with approximately 6.5 acres of undeveloped land
where the expansion is proposed. The neighboring property to the north contains another mobile
home park (formally known as Baculis' Mobile Home Park), which was recently acquired by the
applicant. The applicant has indicated that he intends to combine the existing parks into one
development that will share facilities such as storm shelters and playgrounds. The existing
manufactured home park was created in 1974 for 55 units, and the rezoning would allow for the
Planning and Zoning Commission
July 2 2015 — Formal Meeting
Page 2 of 8
development of an additional 45 mobile homes in the undeveloped area of the parcel. The
current zoning of the property is for a Planned Development Overlay - High Density Single Family
Residential (OPD/RS-12). The overlay zone is required in order for a property owner to construct
a manufactured housing park.
Miklo commented on the standards required for the rezoning. First is compliance with the
Comprehensive Plan. The future land use map shows this parcel as being an intensive or
highway commercial use. There was a concern that the residential uses in this area where
isolated among industrial uses. The District Plan notes that in the long-term to avoid conflicts
with the industrial uses and potential flooding, residential uses should be phased out in this area.
At the time the district plan was written the only access to the area was from Riverside Drive,
which was surrounded by industrial uses. Additionally the Plan was written before the
McCollister Boulevard and the levee were constructed. The application does not up -zone the
area. That is, it maintains the existing base zone. Because the property is maintaining an existing
use, provides a relatively affordable housing alternative, and has good access to the street
network, trails and open space, it is staffs opinion a comprehensive plan amendment is not
necessary in order to approve the OPD plan. If this was a proposal to change the underlying
zoning and establish a new residential use, an amendment to the Comprehensive Plan would be
necessary.
The next thing the ordinance states for compliance is the density and design of the planned
development and if it is compatible and complimentary to adjacent development in terms of land
use, building mass and scale, relative amount of open space, traffic circulation and
genera/layout. The proposed density of 100 units on 14.36 acres equals approximately 7 units
per acre. The mobile home park to the north also has a density of 7.5 units per acre. In terms of
streets, within the development the current streets are asphalt without curb and gutter or
sidewalks. The applicant has indicated that he will improve the entrance road to the development
with new asphalt paving. All new lots are proposed to have a sidewalk integrated with the curb.
A sidewalk is proposed on the south side of the entrance road that provides access to
Riverside Drive and to the city bus stop. Staff is recommending as a condition of approval that that
sidewalks be provided where possible, and where there is not sufficient room for sidewalks the
asphalt be raised or marked to designate the pedestrian route. In terms of other infrastructure
one area to review is stormwater management. Although there is a levee, it is still in the
floodplain and there is a low area with drainage concerns. The City Engineer has requested a
drainage plan and a grading plan. That information has been received, but is still under review.
The next standard to review is that the development will not adversely affect views, light and air,
property values and privacy of neighboring properties any more than would a conventional
development. In staffs opinion the application meets this standard as it will be similar to what
is already in the area. Additionally the standard of the combination of land uses and building
types and any variation from the underlying zoning requirements or from City street standards
will be in the public interest, in harmony with the purposes of this Title, and with other building
regulations of the City. Miklo noted there are some specific waivers of the standard the applicant
is requesting. The applicant is proposing to reduce the required 30 -foot perimeter setback to
the property lines to the north and east and along a portion of the south property line to 10 -feet, a
reduction of the street right-of-way and pavement width, minimum lot size for 33 of the 45
units, and modifications to the City's sidewalk and street tree standards. The purpose of the
setback is to provide some buffer for the residents from street traffic and adjacent development
and provides open space since manufactured housing parks are typically more densely
developed than other single family neighborhoods. The reduction of the 30 -foot setback to 10
Planning and Zoning Commission
July 2 2015 — Formal Meeting
Page 3 of 8
feet along the east side of the development appears to be justifiable, as the land to the
east is City -owned open space. The City acquired the land for flood control purposes and it
will remain as permanent open space lessening the need for a setback for the residential units.
The reduction of the 30 -foot setback to 5 feet for lots 2, 3 and 4 (the north property line)
appears to be justifiable as the adjacent property is another mobile home park under the same
ownership. The applicant has indicated that he will join the two properties into one, which will
eliminate the need for the setback provided that the adjacent dwellings to the north are at
least 20 feet away from the proposed dwellings. Staff recommends that the combing of the two
lots into one be a condition of approval. The applicant is also requesting that the 30 foot setback
to 20 feet for lots 43 and 44. The property to the south is zoned General Industrial, and the
Board of Adjustment recently approved a special exception to allow a self -serve warehouse
facility to be built on the adjacent property. The Board placed conditions on the use of the
property (it may be used for self -storage only - no workshops, assembly, or other active uses of
the site will be permitted). The special exception also established requirements for landscaping
and lighting to help assure that it will be compatible with the existing dwelling units in the area.
Given these requirements the 30 -setback for the dwellings on lots 43 and 44 may not be
necessary to provide a buffer for the residents of these two lots. Additionally the applicant is
requesting that the minimum 5,000 square foot lot area be reduced for 33 of the 45 lots. The
smallest lot would be 4,268 square feet or approximately a 15% reduction in the required
minimum. Miklo noted that is typical of the existing manufactured housing lots.
The standard for streets Miklo explained is a right-of-way of 60 feet with a 26 foot wide street. In
this case the proposal is a 32 foot wide easement and a 22 foot wide street with a curb and
sidewalk built adjacent to the street. That was the standard for manufactured housing parks prior
to 2005, and is in line with existing mobile home parks.
Miklo stated that planned developments typically include common amenities and open space to
serve the residents of the development. In this case the applicant is proposing to install
playground equipment and a recreation area (soccer field) in the existing development to the
north, and a trail with in the City owned open space. Miklo showed photos of the playground
equipment that was recently installed. The plan also consists of three existing buildings of which
the lower levels will be devoted to storm shelters. The City is reviewing the plans for the storm
shelters and if they are ADA compliant and will have results of the review by the next
Commission meeting. Planned developments also require a dedication of neighborhood open
space or fees in lieu of in order to ensure that adequate usable neighborhood open space is
provided for residents of new development. When the property to the east was purchased by the
City from the previous owner of Cole's Community Mobile Home Park, the purchase agreement
stipulated that the land satisfies future open space requirements upon expansion of the mobile
home park. The applicant has agreed to install a trail connection to provide residents of the
development with access to the open space.
Miklo stated that in summary, although the South Central District Plan indicates that in the long-
term residential development should be phased out of this area, but with lack of other available
areas for this type of housing it will be a difficult goal to achieve. With recent public
improvements this area more suitable for residential development compared to when the plan
was drafted. Although the levee has reduced the possibility of flooding, this property remains in
the floodplain and careful consideration of flood mitigation and drainage are necessary.
Approval should be deferred pending an acceptable storm water management plan.
Staff recommends deferral of this application pending resolution of deficiencies noted. Upon
Planning and Zoning Commission
July 2 2015 — Formal Meeting
Page 4 of 8
resolution of those issues staff would recommend approval with conditions:
1. The two existing properties (former Thatcher and Baculis parks) being combined into one lot.
2. Resurfacing of the entrance road to the point of the new private street and designation of
pedestrian route where sidewalks are not possible due to existing development.
3. Submittal and approval of a storm shelter plan demonstrating compliance with guidelines
outlined in the staff report. - - - -
4. Staff approval of structures to screen dumpster and recycling facilities.
5. A plan for installation of playground equipment (which has been resolved)
Dyer asked if there was any sidewalk access from the new addition to McCollister Boulevard.
Miklo replied that yes there is a sidewalk that will connect the area to McCollister Boulevard.
Freerks asked if the storm shelter properties were already rented, how access is granted. Miklo
said that is also one of the questions regarding the storm shelters that staff is seeking clarity on.
The applicant should be able to address that question.
Theobald asked if there are standards on construction materials for the storm shelters and how
large of shelter is needed for a certain number of occupants. Miklo said there are State Code
requirements and those are what the City will recommend and what Staff is clarifying with their
review of the storm shelter proposal. He said staff had received that proposal for shelters
recently and has not had time to review it completely.
Hensch asked about the waiver for the minimum lots sizes, it seems by eliminating a lot on each
row would get the lot sizes closer to the 5000 square foot minimum. Miklo said with a planned
development allows the City to consider requests to adjust minimum lot sizes. It is a judgment
call for the Commission to decide if the size should be modified in for this project.
The standard is 5000 square feet but the proposal is a sufficient size to fit a manufactured
dwelling and similar to other manufactured housing developments in the City. Freerks added
that the Commission has approved these types of reductions in the past if there are amenities
and other open spaces in the planned developments.
Martin asked about the infrastructure and if there was public transportation accessible to this
development. Miklo said there is a bus route that runs along Riverside Drive and there is a bus
stop at the development.
Dyer asked if they could suggest removing some of the units along the entry drive to make
sufficient room for an actual sidewalk. Miklo said staff did look at that and the applicant could
address that question.
Freerks opened the public hearing.
Ed Cole (1450 Laura Drive) said the old Thatcher and Baculis parks have been combined and
they have created a nice community for families with great green space such as the soccer field
and parks that are used every day.
Freerks asked how long they have owned the properties. Cole said they've owned Baculis for 2
'/2 years and just closed on Thatcher in December 2014. He noted they have owned Forest View
Planning and Zoning Commission
July 2 2015 — Formal Meeting
Page 5 of 8
Park for 20 years.
Freerks asked if Cole wanted to address the question about possibly moving a couple of the
units to allow for a better connecting road and sidewalks to the new addition. Cole said that
would be unfair to the folks living there, they have been in their spots, they are situated and like
where they are.
Theobald asked about the storm shelter situation. Cole said the house that is located at the
entrance to Thatcher is the offices for the management and the night manager stays there so in
the event of a storm the night manager is there and makes sure the building is unlocked and
available for tenants. The other house is rented, but as part of their lease it is stated they must
leave the basement area available for shelter.
Freerks asked if the shelters were within the allowable distance for all the residents. Miklo said it
does fit the requirements of distance. Cole added that the management has golf carts and will
shuttle people to the shelters and that so many of the residents know each other and keep an
eye out for each other to make sure everyone is safe.
Martin asked if the new homes would be purchased or rented. Cole said they would be
purchased, they do not rent any homes.
Hensch asked how the square footage of the lots was decided. Cole said they looked at what
the other two existing parks had and matched those lot sizes.
Freerks closed the public hearing.
Martin moved for deferral of REZ15-00007 and Parsons seconded.
Freerks said the staff report outlines the concerns and what issues need to be resolved before
moving forward. She noted that additionally under item 2 on page 7 of the staff
recommendations, when talking about designation of pedestrian route where sidewalks are not
possible due to existing development, she would like that defined in more detail to make sure
that means more than just a sign. It will include paint and raising and texturing road services.
Dyer questioned the levee/berm and what would in protect in a flood situation. Miklo said the
levee is designed to protect that area west of the river including the manufactured housing park.
He said the City in confident that the levee will prevent flooding. However in the past levees have
been breached during floods and the area is still technically in the flood plain so the dwelling
units must be elevated above flood levels and the streets must be designed to be passable to
allow access for emergency vehicles.
Parsons asked when the levee was completed and would it protect the area from a flood like
1993. Miklo said it was just recently completed and are confident it can hold through a flood
event like the flood of 1993 or 2008.
Hensch recommended incorporating the information from the HBK report into item 3 of the staff
recommendations as instructions for the engineers regarding storm shelters and their structural
integrity.
Planning and Zoning Commission
July 2 2015 — Formal Meeting
Page 6 of 8
Martin asked if the levee were breached during a flood event are the homes in this development
covered by flood insurance. Miklo said he would find out the answer to that question.
A vote was taken and the motion to defer carried 6-0.
VACATION ITEM (VAC15-00002):
Discussion of an application submitted by Southgate Companies for a vacation of an existing un-
paved street right-of-way known as Auditor's Parcel #2008020 and two utility easements
adjacent to Lot 10 of Highlander Development Third Addition and north of Northgate Drive.
Miklo gave the staff report stating the property is located north of Northgate Drive and this
property was recently rezoned Commercial Office (CO -1) for an office park development. The
street has not yet been built. The vacation will also include the release of a 10' wide utility
easement located at the Northeast comer of Lot 9 of Highlander Development Third Addition,
and a 15' wide utility easement located at the northeast corner of Lot 10, Highland Development
Third Addition. The vacated street right-of-way and easements will be replaced with a similar
right -of way, called Clear Ridge Road to be located approximately 450 feet to the north, and
similar utility easements between Lots 28 and 29 of Highlander Fourth Addition Part 1. Miklo
stated that the standards for vacation of a right-of-way are detailed in the Staff report and Staff
believes this application meets all those standards and recommends approval.
Hensch asked where the proposed intersection to Oakdale Boulevard would be once that is
extended. Miklo said that it is conceptual at this point, but showed on the map where they
believed it would be.
Freerks opened the public hearing.
Joe Hughes (1045 Mesquite Drive, Coralville) representing Southgate Companies said they want
to move the road so it won't create a dead end and can flow traffic through and connect to
properties to the west and east. He noted that Oakdale Boulevard is planned to go through the
very northern edge of this property.
Freerks closed the public hearing.
Theobald moved to approve VAC15-00002 an application submitted by Southgate
Companies for a vacation of an existing un -paved street right-of-way known as Auditor's
Parcel #2008020 and two utility easements adjacent to Lot 10 of Highlander Development
Third Addition and north of Northgate Drive.
Martin seconded the motion.
Freerks asked about the language in the analysis of the Staff report. It states the applicant plans
to build the replacement street to the north, but should it be a condition of approval of the
vacation. Miklo said that a preliminary plat that shows the replacement street has been
approved the final plat will soon be before Council, so staff if confident that the replacement
street will be built in the future.
A vote was taken and the motion carried 6-0.
Planning and Zoning Commission
July 2 2015 — Formal Meeting
Page 7 of 8
CODE AMENDMENT ITEM:
Discussion of amendments to Title 14, Zoning to add a definition for "rooftop service areas" and
establish standards for such uses.
Martin moved to defer this item to the July 16 meeting.
Theobald seconded the motion.
A vote was taken and the motion to defer carried 6-0.
CONSIDERATION OF MEETING MINUTES, MAY 18, 2015 & JUNE 4, 2015:
Hensch moved to approve the meeting minutes with edits submitted.
Parsons seconded the motion.
A vote was taken and the motion carried 6-0.
PLANNING & ZONING INFORMATION:
Freerks noted that at the new HyVee store on Dodge Street the screening does not look at all
like what was discussed when this property was rezoned. It should have S-3 screening and what
it has is just some grasses and tiny shrubs. When people come forward and have concerns and
we make promises to address those with screening requirements, it is important that we follow
up on those promises. Freerks asked staff to report back on this. Other Commissioners agreed.
Miklo said the City has received a couple other concerns from the neighborhood. He will pass
this on to the inspection division and report back at the next meeting.
ADJOURNMENT:
Parsons moved to adjourn.
Hensch seconded the motion.
A vote was taken and the motion carried 6-0.
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MINUTES
PUBLIC ART ADVISORY COMMITTEE
THURSDAY, June 04, 2015
LOBBY CONFERENCE ROOM — CITY HALL
APPROVED
Members present: Tam Bryk, Brent Westphal, Sayuri Sasaki Hemann, Mike
Moran, Ron Knoche
Not present: Bill Nusser, John Engelbrecht
Staff Present: Marcia Bollinger
Public Present: None
RECOMMENDATIONS TO THE CITY COUNCIL: (to become effective only after
Council action)
None
CALL TO ORDER
Meeting called to order at 3:30pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA
There was no public comment of items not on the agenda.
CONSIDERATION OF THE MINUTES OF THE MAY 7. 2015 MEETING
MOTION: Knoche moved to approve the May 7th, 2015 meeting minutes. Sayuri seconded.
Motion passed 5:0.
SPORTS COLUMN MURAL PROJECT
Bollinger stated that the Sports Column is receiving a facade improvement grant through
economic development funding. As a part of the facade improvement, the Sports Column wants
to create a mural on the south side of the building on the alley. Bollinger stated that the mural is
a public art hence it needs to be reviewed and approved by the Public Art Committee. Bollinger
did not get anything back from the Sports Column so that she did not have anything to show AT
this time.
MATCHING FUND PROGRAM
Bollinger stated that she is working with all departments to develop a standard policy for how to
review request to display information in or on city facilities, including banners, display areas, the
public library, and buses. Bollinger stated that she wants to include part of that information in the
Matching Fund Program and she has completed most components. Bollinger handed out
Matching Fund Document. She stated that she would propose for approval on the four pages
document after the committee review it. Bryk stated that they will give her feedback before next
meeting.
COLLEGE GREEN PARK-STAIRART
Bollinger handed out document of Call to Artist in College Green Park Stair Steps Art Project.
Bollinger stated that she needs suggestions on the theme of the proposed art work in this call.
Members of the committee then discussed the theme of the proposed design and they came up
the suggestion that the theme does not have to specifically focus on historic or nature as long
as the art work fits the park's historic character. Then the committee worked on the language of
the theme of art work with Bollinger. They suggested express requirement on theme of art work
in the call as following:
"The Committee encourages the proposed artwork complement the existing park features. "
MOTION: Sayuri moved to approve the Call to Artist in College Green Park Stair Steps Art
Project. Moran seconded. Motion passed 5:0.
UPDATES
Bollinger stated that in total 26 poets is scheduled to read their poems on Saturday, June 6th or
on Sunday, June 7th on the Linn St Stage, which is located at the intersection of Linn Street and
Iowa Avenue. In terms of Kidztent, Bollinger stated that the city got 56 responses in total from
artists who are willing to donate their original art works to kids. The committee members
Westphal and Engelbrecht and Bollinger's intern, Chen will help to collect those donations on
Saturday. The Kidztent will be 10.00 am to 4.00 pm on Sunday. Sayuri, Chen and Ashley will be
volunteers on Sunday.
OTHER
No other news.
ADJOURNMENT
Bryk motioned and Westphal seconded a motion to adjourn at 4:15 PM
Minutes created by Qilu Chen.
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