HomeMy WebLinkAbout2008-07-15 Bd Comm minutes3b 1
MINUTES
Iowa City Airport Commission
May 8, 2008
Iowa City Airport Terminal - 5:45 PM
FINAL
Members Present: Greg Farris, Randy Hartwig, Howard Horan, Janelle Rettig, John
Staley
Staff Present: Sue Dulek, Michael Tharp
Others Present: Jennifer Nolan, John Yeomans, Peggy Slaughter, Turk Reggenitter
DETERMINE QUORUM:
Chairperson Farris called the meeting to order at 5:47 P.M.
RECOMMENDATIONS TO COUNCIL: NONE
APPROVAL OF MINUTES FROM THE APRIL 10 AND APRIL 28, 2008
MEETINGS:
Farris asked if anyone had any corrections or changes to the minutes. Staley noted that
on the April 10`h minutes, page 7, second line from the bottom says, ".6 FT," and should
be ".6 FTE." Hartwig moved to accept the minutes of both the April 10 and April
28, 2008 meetings; seconded by Staley. Carried 5-0.
PUBLIC DISCUSSION:
The Commission received a quick update on the farming from Turk Reggenitter. He
stated that they have been cleaning up along the fence line, and he shared some photos
with the Members. He further explained the layout of the test plots, and noted that there
will be a press release as they get into the summer months. Horan stated that he agrees
they need to clean up along the fence line, but questioned where the funds would come
from to cover this. The discussion continued, with Members questioning who would be
responsible for maintaining the areas in question. Tharp will check into this. A brief
discussion ensued regarding the fencing of the Airport in the area along Willow Creek,
and having the Airport be secure.
Rettig then spoke to the Members about her desire to spruce up the Airport's landscaping,
and stated that they have some money in the budget for this, and she believes they need to
"bite the bullet" on this and go ahead and do it. She continued, discussing the upkeep of
this and using the temporary employees to help with this. Rettig then addressed the
Willow Creek situation, stating that she was at the Dane's recently discussing this. She
also noted that the brush in this area needs to be removed, in addition to the other areas
that are noted as becoming overgrown. In regards to the gate issues, Rettig noted that she
found a gate open recently, and she believes they need to make sure that all of the gates
are secured and not left unattended, as this one was. Reggenitter stated that he and others
were working in the area removing brush, and as soon as he saw her vehicle, he drove to
her. He stated that he believes the gate was attended as they were close by, and he added
that this would not happen again. He pointed out land close to the Airport that has no
gate, stating that if someone wanted to come in bad enough they would be able to. Rettig
noted that they have amulti-year plan to work on the Airport's fencing, and she reiterated
that the gate must be kept locked if not being attended to.
Reggenitter shared that the seeding will be done tomorrow with long grass. Merschman
Seeds has spent over $40,000 so far, he added, putting in the driveway and gate. Also in
the $40,000 is the $500 that was donated for the Barn Stormer event. He added that as
soon as plots are put in, they would have their press release. Currently, the first event is
planned for July 15, with a second event set for August 5, according to Reggenitter. He
added that they would be utilizing Jet Air for a lot of the flights expected with these
events, noting that they could have as many as 100 flights.
ITEMS FOR DISCUSSION/ACTION:
a. Aviation Commerce Park -Peggy Slaughter spoke to the Members, stating
that they closed on the lots recently. She shared with Members the strategy
they have in mind to follow up with interested parties. Slaughter noted that
one interested party has found a builder and that something might happen here
soon. Slaughter gave the Members a quick rundown of some other
possibilities for the Aviation Commerce Park.
b. FAA/IDOT Projects -Earth Tech -Farris noted that David Hughes is out ill
this evening. Tharp noted that he gave Members an update on the projects:
i. Runway 7/25
1. Update -Currently, the electricians are working on this
phase, getting the lighting bases for the runway lights
installed. Tharp noted that the turnaround point at the other
end should be ready for concrete this week. Hartwig
suggested that they put up a memo on the bulletin board
downstairs that gives an explanation of the runway project,
where they are in the process, etc. Horan asked about the
number of contract days they lost in the winter, and the
discussion continued, with Members stating their concerns on
where they are exactly. Several Members have heard from
the public on this. Tharp will prepare something in this
regard.
Rettig asked about the State grant that was recently applied
for, and Tharp responded that this grant is for an 80 X 80
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building. He added that they usually hear in June or July on
this.
2. Public Hearing -Plans and Specs for 7/25 Reconstruct -
Farris opened the public hearing. No one appeared, and the
public hearing was closed.
3. Consider a Resolution Approving Plans, Specifications, Form
of Contract, and Estimate on Cost for the Construction of
Runway 7-25 Runway Reconstruction -Horan moved to
consider Resolution A08-15, Approving Plans,
Specifications, Form of Contract, and Estimate on Cost
for the Construction of Runway 7-25 Reconstruction;
seconded by Staley.
The discussion turned to what this project is exactly. Farris
explained that this was to be an overlay project. He added
that when Earth Tech looked closer at this, they found that
the pavement was under a lot more stress than originally
believed, and that due to worries about the amount of
concrete that was breaking up, it was then felt that the
overlay would not be adequate for this project. Farris further
explained where they are with this issue, stating that he
looked at this personally, and that the concrete has really
cracked. Structurally, he believes that doing an overlay of
the runway would not be appropriate at this time -that a
reconstruction is needed. Rettig asked for further
clarification on this project. It was stated that Phase One
would be the east end of 7-25 to the safety line 12-30 for $1.E
million. Phase Two would be the intersection and the rest of
7-25, from 12-30 up to the intersection. Year three, or Phase
Three, would complete this project. The Members continued
to express their concerns about this, stating that they are
disappointed that they will have to close this runway so soon
after working so hard to get the extension completed.
Members continued to discuss this issue, with Rettig asking
if they can't do this next year, with a 90-day shut down that
would enable them to do the entire project. It was noted that
it would depend on what type of funding is available next
year. In order to speed up this process, it was asked if they
could offer a "bonus" to the contractor for an expedited
project. This led to further discussion about how long the
runway would have to be shut down, and how the Airport
will handle this.
Time frames were discussed next, with Tharp noting that
they need to have bids in by a certain time in order to use the
FAA funds. Dulek responded to questions on how they could
speed up the runway reconstruction project. Rettig suggested
they change the award date, and Dulek responded to these
questions, as well. Tharp further explained how the FAA
grants work and why the time frames are set up as they are.
Discussion continued among the Members over when the
runway will need to be closed and for how long. Horan
stated that he believes this has not been well presented by the
engineer. Dulek then explained which dates the Members
can change in the contract process. Members discussed how
they could shave a couple days off of the timing, in order to
attempt to get this reconstruction moving faster. Horan again
stated that he is not sure about voting on this as he feels the
engineer has left them with some big decisions to make and
very little information to go on. Horan added that he would
like to hear from one of the engineers on this. Rettig moved
to amend Resolution A08-15 by setting the award date as
June 9, 2008 and to amend the specifications by changing
Section 30-06, Execution of Contract, to provide for "10
days" instead of "15 days;" seconded by Hartwig.
Carried 5-0. Farris added that he will attempt to get some
information from David Hughes prior to the next meeting,
and he will email this to Members.
ii. South Aviation Development Study -Tharp noted that Earth Tech
is looking at June 20`h as the final date on this. They will plan to
present to the Commission shortly after this.
iii. South Taxilane Rehab -Tharp stated that Hughes said they are
working with the contractor for improved drainage options.
iv. North Taxilane Rehab -Earth Tech was out recently for field
surveys, and the plan is to have bidding open in June.
v. Jet A Fuel System / AvGas Upgrade -Tharp noted that the flow
rate is up, but that they are working with the distributor on some
options on improving this. Rettig asked for some clarification
from Tharp on this project, to which he responded. Farris added
that it is his understanding that there is some discussion back and
forth on this project. Rettig added that she believes this to be
problematic and she believes they need to get it done. She asked
that they escalate this.
vi. Terminal Apron Rehab -Tharp noted that outside of the contractor
needing to do some re-striping, and some seeding, this is
completed. Previously the painting was done on cold concrete and
did not work well.
vii. Obstruction Mitigation -Tharp stated that he believes Mid Am and
Mediacom are gearing up for moving their lines and poles in June.
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viii. Building H -University of Iowa Hangar Expansion -Tharp stated
that they have preliminary plans and that Hughes planned to meet
with Tom on this, but this did not happen. Hughes has asked the
Commission to defer this until the next meeting. Rettig stated that
she has some questions on this. She noted that she was over at this
building recently and they are in dire need of space. Conversation
continued on the delays in this project, and the need to move
forward more quickly. Members discussed having a special
meeting on May 22, 2008 at 7:30 A.M. to set a public hearing.
1. Consider a Resolution Setting a Public Hearing on the Plans,
Specifications, Form of Contract, and Estimate on Cost for
the Construction of Building H Expansion, and Directing
City Clerk to Publish Notices of Said Hearing, and Directing
the Chairperson to Place Said Plans on File for Public
Inspection -Horan moved to defer this until the May 22,
2008 meeting; seconded by Rettig. Carried 5-0.
Airport Operations; Strategic Plan-Implementation; Budget; and Airport
Management -Rettig began the discussion, questioning the unemployment
taxes paid on temporary employees. She asked that they look into this amount
of $1,200 a month. Rettig also questioned "Repairs," stating they are about
$32,000 over budget right now. She continued, stating that she questions how
they are going to get contracted improvements done by July 1. Rettig stated
that she also has been reviewing the overtime hours needed for the winter, and
now that they have started mowing, there could be a problem in these hours.
Tharp added that he has a meeting on Monday with the fencing contractor, to
see what all they can do this year, and that the City may be able to help them
get some asphalt for their patching work. Rettig brought up her landscaping
idea again, asking when the maintenance worker is retiring. Tharp stated
within the next six months to a year was his belief. Rettig continued, speaking
to the upkeep of the frontage area, flowerbeds, and shrubbery at the Airport.
d. Hertz -Tharp stated that he and Rettig met with the Hertz representatives, and
he is still awaiting word from them. They said it would be about three weeks
before they got back with him. Members discussed the operation at the
Airport and what the terms of the new agreement are.
e. City Manager -Tharp stated that the City has hired a new City Manager, and
he will begin on May 19th. He added that the Manager will receive a packet
from the Airport, as well as the other City departments and divisions, and he
asked for suggestions from Members on what their packet should have. Rettig
suggested a tour of the community by air. Horan stated that at a later date, he
would like to invite the City Manager to a meeting. Staley suggested having
the newsletters and the strategic plan in the packet. Others suggested the
annual plan and budget. Dulek added that there is a public reception on June
5th for the new City Manager, Michael Lombardo, but she was unsure of the
time.
FBO Staff Report -Jennifer Nolan spoke for Jet Air. She stated that hours
have changed and they are now open 7:00 A.M. to 9:00 P.M. for the summer.
She added that they are going to be cleaning carpets soon, and also, she noted
that there is no fire extinguisher on the Jet A pump, but that there is one on the
low ledge. She asked that Tharp look into this. Nolan added that they have
about ten full-time students right now, and another five to ten that are off and
on. They are hoping for an increase in business with the summer weather.
g. Subcommittees' Reports -Farris stated that they have met further on the
viewing area. They are working on having some brochures available to show
the proposed layout, etc., of this area. In June, they hope to have a kickoff to
the fundraising for this project. He added that the shelter will get put together
soon, but they need to ask for some volunteers for this. Rettig suggested they
add a landscaping cleanup, as well.
h. Commission Members' Reports -Hartwig noted that he attended the talk at
the Public Library on the Airport history. Rettig added a follow up to this,
stating that Jan did not want to be filmed, and therefore the program did not
go out on TV. She stated that it is more of a slide program and that this is
going to be proposed instead. Rettig also noted that next week is "Bike to
Work" week. She especially noted the Mayor's Ride on Wednesday at 5:15
P.M. at the Chauncey Swan Park. Farris stated that he spoke at the last City
Council meeting, and that he will try to do this at least once per month.
Staff Reports -Tharp stated that two weeks ago they spoke with Wendy Ford
and gave her a tour of Jet Air and their operations. Tharp noted that he
attended the State Aviation Conference and that it went well. He came back
with some security camera ideas. He also met the new State engineer for
Iowa.
SET NEXT REGULAR MEETING FOR: May 22, 2008 for a Special meeting; and
June 9, 2008, at 5:45 P.M. for a Regular meeting.
ADJOURN: Meeting adjourned at 8:28 P.M.
CHAIRPERSON
DATE
6
Airport Commission
ATTENDANCE RECORD
YEAR 2008
Meetin Date
NAME TERM
EXP. 1/10 2/14 3/6 3/13 4/10 4/28 5/8 5/22 6/9
Randy Hartwig 3/1/09 X X X X X X X
Greg Farris 3/1/13 X X X X X X X
John Staley 3/1/10 X X X X X X X
Howard Horan 3/1/14 X X --- X X X X
Janelle Rettig 3/1/12 X X X X X X X
KEY: X =Present
O =Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
7
3b 2
MINUTES
Iowa City Airport Commission
May 22, 2008
Iowa City Airport Terminal - 7:30 AM
Members Present: Howard Horan, Randy Hartwig, Greg Farris
Members Absent: John Staley, Janelle Rettig
Staff Present: Sue Dulek
DETERMINE QUORUM:
Chairperson Farris called the meeting to order at 7:34 A.M.
RECOMMENDATIONS TO COUNCIL:
FINAL
Hartwig moved Resolution No. A08-16 setting a public hearing for the plans,
specifications, form of contract, and estimate on cost for Building H expansion project.
Horan seconded the motion. Motion passed 3-0 (Staley and Rettig absent) on a roll call
vote.
ADJOURN:
Meeting adjourned at 7:36 A.M.
CHAIRPERSON
DA"1'1/
Airport Commission
ATTENDANCE RECORD
YEAR 2007
~MPP}~t14 n51}P.~
NAME TERM
EXP. 1/11 2/8 3/8 3/28 4/12 5/8 5/22
Randy Hartwig 3/1/09 X X X X X X X
Greg Farris 3/1/07 O/E X X O/E X X X
John Staley 3/1/10 X X X X X X O/E
Howard Horan 3/1/08 X X X X X X X
Janelle Rettig 3/1/12 X X X X X X O/E
KEY: X =Present
O =Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
3b 3
MINUTES APPROVED
PLANNING AND ZONING COMMISSION
JUNE 19, 2008 - 7:30 PM -FORMAL
CITY HALL, EMMA J. HARVAT HALL
MEMBERS PRESENT: Josh Busard, Charlie Eastham, Ann Freerks, Elizabeth Koppes,
Wally Plahutnik, Tim Weitzel,
MEMBERS EXCUSED: None
STAFF PRESENT: Bob Miklo, Sarah Greenwood-Hektoen
OTHERS PRESENT: Wally Taylor, Dennis Mitchell, Jeremy Carter, Tom Winter,
Gary Sanders, Glenn Siders
RECOMMENDATIONS TO CITY COUNCIL:
Recommend approval by a vote of 6-0 item SUB08-00007, an application from Southgate Development
for a final plat of Kennedy's Waterfront Addition Part Five, a 4-lot, 6.48 acre commercial subdivision
located west of S. Gilbert Street, south of Stevens Drive.
CALL TO ORDER:
The meeting was called to order at 7:33 p.m. by Chairperson Ann Freerks.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
REZONING ITEMS:
REZ08-00006: Discussion of an application submitted by Wal-Mart Stores, Inc., for a rezoning to amend
the conditional zoning agreement to modify the concept site plan for approximately 25.16 acres of
property in the Community Commercial (CC-2) zone at 855, 911 & 1001 Highway 1 West. The 45-day
limitation period is June 29, 2008.
Per the request of Commissioners at the last meeting, Miklo offered clarification as to the role of
Commissioners in this matter. The application is not for an amendment of the Comprehensive Plan or the
zoning classification; rather it is an amendment to a Conditional Zoning Agreement (CZA) that was
entered into by the original developer of the property. That CZA dealt mostly with aesthetics and other
issues of design on the site. Miklo acknowledged that there is some controversy, as well as some
support in the community, concerning the business practices of the applicant that have been put before
the Commission by members of the public, however, he advised that those practices are not on the
agenda for this matter and that the Planning and Zoning Commission is being asked in the application as
to whether or not amendments to the CZA to replace the previously approved site and building plans
should be approved. The role of the Commission is one of judging the aesthetics and appearance of the
design as it relates to the entranceway to the city. As the applicant's architect said at the last meeting,
Planning and Zoning Commission
June 19, 2008 -Formal
Page 2
everyone seems to have an opinion about architecture and landscape design, but in this case, the
Commissioner's opinions matter as it is part of their role to help decide for the community whether the
new plan and building design are satisfactory. If the Commission finds the plans appropriate, they would
be recommending to the City Council that the CZA be amended to substitute this new plan for the
previous plan. If there are additional conditions or issues the Commission wishes to address in terms of
the design of parking lot, landscaping or building, those would need to be identified so that they could be
incorporated into anything that goes forward to the Council.
Miklo said there are some basic minimum standards in the zoning code that must yet be met. Staff has
met with the applicant's representatives to discuss what items fall short of the minimum standards. Those
items would need to be met by the time that the site plan and building permits are issued. Miklo said that
one area of concern was the northeastern part of the site where Ruppert Road enters the property. Miklo
said that there is quite a bit of paving in that area, and the sidewalk is right on the curb, which does not
allow for snow storage or adequate pedestrian safety. Staff has also asked for some additional
landscaping in that area to break up the roughly 45 feet of paving, which Staff deems to be excessive by
the code's standards. Miklo said that additional landscaping at the front of the store has been requested
by Staff, and that while since the last discussion some additional planters have been added, Staff is
concerned that the may be too small. Another basic concern is that while truck traffic will be mostly
relegated to the rear of the facility, there will be some mix of car and truck traffic that Staff feels should be
corrected. Additionally, elements of building design also fall clearly short of the requirements of the
zoning code, Miklo said. The front facade pretty much meets the standards other than some architectural
details that have been discussed between Staff and the applicant. The Ruppert Road side of the building,
however, does not meet some of the code's standards which require large buildings to be broken up into
components. Miklo said there is a very clear standard that every 100 feet there must be a 3-foot change
in plane of the facade. Miklo said that while there is a change in material, there is not a change in plane
in a number of areas.
As a result of these findings, Miklo said, at tonight's meeting the Commission will not be asked to vote on
the application. The plan is not in a condition to be voted on and was just received by Staff earlier in the
week. What Staff suggests is that the Commission provide direction to the applicant in terms of the plan,
if there is anything about the site or the design that they feel needs to be addressed above and beyond
the standards of the code. Commissioners should consider if they are satisfied with the building
appearance, with the amount and type of landscaping. Miklo said that if Commissioners have concerns in
these areas, now would be the time to identify them. Miklo stated that he would be happy to try to answer
any questions Commissioners might have.
Plahutnik noted that the original CZA called for an L-shaped, relatively pedestrian friendly development in
the Westport Plaza area, and that what actually resulted was two large free-standing stores. Plahutnik
asked at what point the agreement shifted. Miklo stated that he did not know the details of that as he was
not involved in this particular project. Miklo said that he did know that one of the changes to allow the
Staples to go in was approved in an amendment by the City Council. How the rest of the changes to the
plan occurred, Miklo did not know.
Eastham stated that the current code has pretty clear provisions for site plan approval and for the site
plan to be consistent with the concept plan that had been approved. Eastham asked if that process was
the same at the time of the original development. Miklo said that the standards of the code in 1989 were
not as clear or detailed as they are today. Miklo said that the CZA in question did have some vagueness
in it.
Eastham directed a question to Greenwood-Hektoen. Eastham stated that the approval/denial process
outlined in Chapter 18 of the code (18-2-3-c) provides that the site plan can be approved by
administrative review, or by the Commission in two circumstances, 1) if 20% of surrounding property
owners object, or 2) the Department of Housing Inspection Services (HIS) requests that the Planning and
Zoning Commission reviews the site plan. Eastham asked if in Greenwood-Hektoen's opinion the CZA
Planning and Zoning Commission
June 19, 2008 -Formal
Page 3
could have a provision in it that requires that the site plan is reviewed by the Planning and Zoning
Commission. Greenwood-Hektoen replied that she believed that the way it is written in the code is the
way it must be done, and that now, this process, was the Commission's best chance at giving their input
on the matter. Freerks commented that the Commission would need to be very specific at this point in
their direction to the applicant, and could make a vote at the next meeting based on that. From there,
Freerks said, the Commission would have no other say in the matter. Greenwood-Hektoen stated that
there would have to be substantial deviation from what the Commission had approved in order for them to
have further say in the matter. At the point of site-plan review, she said, there is less discretion and less
need for a neutral party to make a decision. Miklo added that there may have been some CZAs in the
past where it was specified that the Planning and Zoning Commission must sign off on the site plans, but,
Miklo added, that is essentially what will happen at the next meeting when enough detail is provided by
the applicant. Eastham noted that the Commission was basically still approving a concept plan, and
Miklo affirmed that this was the case.
The public hearing was opened and the applicant's representatives were invited to speak.
Dennis Mitchell, of Meardon, Sueppel and Downer addressed the Commission on behalf of Wal-Mart.
Mitchell introduced Jeremy Carter, project engineer for Wal-Mart and Tom Warner, consulting architect on
the project. Greenwood-Hektoen asked Mitchell to address the ownership of the land in question.
Mitchell said that his understanding that there is a contract in place which allows Wal-Mart to purchase
the land from the other property owners. That land agreement is supposed to close before the end of
August. Greenwood-Hektoen said that depending on when everything is finalized, she believed the
current property owners should still sign the CZA. Mitchell noted that Wal-Mart is not planning on
purchasing the car wash or ReMax buildings. Greenwood-Hektoen replied that those buildings would not
be subject to this CZA.
Jeremy Carter, civil engineer, presented a brief review of the layout of the proposed plan as compared
with the current layout. Carter stated that there has been a lot of thought put into the area with planters at
the front of the store. The planters were designed with pedestrian traffic in mind, as well as to allow for
the large trains of shopping carts to be pushed from the parking lot into the store. A sufficient clear space
must be left free to allow for this cart maneuvering. Carter said that while they may be able to improve
some of the sizing of the planters, adding a whole lot more may not be possible. Carter noted some
changes to the site plan since the previous meeting's discussions. He pointed out that the parking lot had
gone from 60-degree parking to 90-degree parking in order to add back in some parking that was lost in
revising the plan to better meet Staff recommendations. The islands inside the parking lot were
rearranged and reconfigured to create a pod and separated area as called for by the ordinance. One of
the things that was changed was a path that Planning did not feel was needed. Carter said that an
additional drive was added to address concerns expressed by Planning and Housing and Inspection
Services regarding traffic flow. Additional reconfigurations will be done to address Miklo's expressed
concerns regarding the mix of truck and car traffic. Carter said that Wal-Mart also is concerned about the
mix of car and truck traffic and wishes to avoid it, but that there may be one or two trucks a week that
service the Garden Center that would have to use the same drive as car traffic. A couple of landscape
islands were added to an area that was previously paved; Carter said they could change somewhat in
terms of design. An area in which there is still a lot of work to do is on the Ruppert Road side of the
building. Carter said that there were sidewalk and continuous pavement issues in the area and that a
couple of planter boxes needed to be added. Carter briefly reviewed the traffic flow areas on the Ruppert
Road side of the building for both trucks and cars. Carter offered to answer any questions the
Commission may have.
Eastham asked what the approximate dimensions of the parking area were. Carter was not sure, but
Miklo measured roughly on the application and found it to be approximately 450 x 700 feet.
Eastham asked if Wal-Mart had considered adding a landscaped median across the front of the store. He
said that basically there is a 700 foot long strip of asphalt, and wondered if Carter had considered
Planning and Zoning Commission
June 19, 2008 -Formal
Page 4
breaking it up somewhat by putting a median on the store-side of the drive with interruptions for
pedestrian and customer traffic to go through. Carter said that it hadn't been considered because Wal-
Mart considers that whole area in front as pedestrian access, and putting a median there with breaks
would force people to move in a traffic area to get to the break. Eastham said he believed that it could be
designed in such a way that that problem did not occur. Freerks asked if Miklo had some of the images
of other Wal-Marts that had been used as examples of good design. She said she seemed to recall
areas like that in some of those images. Carter said that there is a line of landscaping across the building
by the drive aisle. Miklo stated that one of the issues discussed early on was a request that Staff had for
tree islands across the front of the store. Wal-Mart has concerns for tree-grates as trip hazards and does
not use them, which is one reason that planters were utilized instead. Eastham pointed to an example on
the slides as reflective of the idea he was trying to get across with a landscaped median all across the
front of the store.
Tom Warner, consulting architect, stated that improvements to the elevations have been made. Warner
noted a change in design where a lower band was added on two anchoring corners. Additional planters
have also been added along the front, despite real constraints along the front given Wal-Mart's
perspective of the whole front as a pedestrian access area. Warner suggested that perhaps some of the
examples shown on the presentation were different prototypes of Wal-Marts with slightly different
functions than the one being designed for this project. Cart access also constrains the design at the front
of the building, keeping the planters to a minimum size. Warner said that discussions had been held with
Staff regarding areas still in question, and that he believed the standards would be met. There is still a
slight disagreement between Staff and Wal-Mart concerning the definition of a projection. Wal-Mart
believes that the screen wall on the Ruppert Road side of the building actually acts as a projection to
break up the facade on that side of the building. Warner stated that they would be working with Staff to
resolve these issues.
Freerks recalled that there was something about a 60% facade in the Big Box standards that seemed not
to be met by this project. Miklo stated that she was correct, and that according to Staffs rough estimate
the Ruppert Road facade is at 30% and it needs to be 60%. Freerks asked Warner if he was familiar with
this standard. Warner stated that he was familiar with the standard and one way to come up to it would
be to allow the screening wall to be viewed as a projection.
Eastham asked if it was correct that Wal-Mart considers all of the space in front of the store as customer
access. Warner confirmed that this was the case. Eastham noted that there are only so many doors into
the building and asked how many entrances there were. Warner pointed out four main access points, but
said that it is not uncommon for customers to enter and exit the store at varying points during their
shopping trip. Warner said that because all of that is considered pedestrian access, they preferred not to
block the area with tree grates, which have a tendency to be tripping hazards and to make snow removal
difficult. Cart traffic is also a major consideration in designing this area. Eastham asked if the median
were along the other side, away from the store, would that then meet Wal-Mart's definition of leaving the
pedestrian access clear. Warner said that they are already providing landscaping all along that area.
Eastham said that the current design calls for capped aisles and what he is talking about is a continuous
median with interruptions going through for pedestrian traffic. Warner said that Wal-Mart has provided
planting beds because it does not impede the flow of people through it and that he did not quite
understand what Eastham was requesting. Freerks commented that she believed Eastham was asking
for a visual break-up with something other than concrete that would not necessarily be a barrier to all
pedestrian traffic, as in some of the examples shown. Miklo said that in order to get a reasonable sized
planting bed either up against the store or between the curb and the sidewalk City Forestry generally
recommends a width of nine feet; a parking space is also nine feet wide. Shifting everything one parking
space to the north would free up the necessary space. Miklo said that it was his understanding that Wal-
Mart isfairly reluctant to reduce the amount of parking on the site, as roughly 22-24 parking spaces would
be lost to landscaping with this plan. Miklo said those spaces could be made up in the vacant space
located west of the garden center. Eastham commented that there are 836 parking spaces in the current
plan, which Miklo and Freerks noted exceeded the minimum code requirement of roughly 560 spaces for
Planning and Zoning Commission
June 19, 2008 -Formal
Page 5
a facility of this size
Eastham said that his primary concern is that this is a 700 foot long, 450 foot wide parking area, roughly 7
acres of parking, and is actually much wider than the current parking area. Eastham said that he is trying
to envision how green space, trees and vegetation can be incorporated into the parking area so that it
looks like an attractive part of the entrance to the city, rather than a 7-acre parking lot. Eastham said he
is convinced that that can be done, although he does not yet see it in this concept plan.
Carter replied that each of the islands in the parking lot are planted islands, which are of a width of nine or
ten feet and definitely meet the minimum standard. Freerks asked what the islands would be landscaped
with. Carter said that the landscape architect favors vegetation, mulch and shrubs over rocks and
bushes. Carter acknowledged that the city ordinance required that a parking space be within 60 feet of a
large tree or 40 feet of a small tree, and that has been incorporated into the plan. Eastham replied that
there are trees and islands of this nature in the current parking area, and still the appearance is of a large,
asphalt parking lot. Eastham said that it is this look he is hoping to get away from. Carter said that there
is a lot more green space on the current plan, although he does not know that from the highway each
individual tree would be discernible. Freerks said that she believed the idea being discussed was of
getting a little bit more green space together to get a major impact and a better appearance for an
entrance; smaller islands might not provide the same effect as a larger swath of green. Freerks and
Eastham discussed that their specific direction to the applicant was to increase the green space, perhaps
by removing the 24 parking spaces and landscaping as suggested by Miklo. Koppes stated that she
personally felt that if the applicant was meeting the zoning code standards, then she did not want to treat
them any differently than the next Big Box that came down the road by giving them additional
requirements. Freerks replied that the Planning and Zoning Commission had latitude in this case
because of the CZA. Eastham said he did not want to treat Wal-Mart differently either, but that Menard's
was able to both meet the standards and provide an attractive entrance. Koppes asked Miklo if Menard's
met the standards or exceeded them, and Miklo replied that they certainly met the standards. Miklo
stated after brief discussion that it appeared that a majority of the Commission wished to pursue more
specific direction regarding the landscaping. Plahutnik made the point that it was Wal-Mart that reopened
negotiations by coming to the Commission and asking them to change the CZA; Wal-Mart is asking the
Commission to change things in one way, and therefore the Commission is asking Wal-Mart to in turn
change things another way.
Weitzel asked Miklo if the current standards for the parking lot were close to being a LEED standard;
Miklo did not know. Dennis Mitchell said that he believed the landscaping standards came about to make
sure there is enough break up of these parking lots, and enough green showing to give a nice aesthetic
view. Miklo said that once Staff received the landscaping plans he believed that the parking lot itself was
very likely to meet the code's standards. Busard said that LEED addresses issues more of storm-water
runoff, impervious surface and heat island effect, whereas what is being discussed is aesthetic in nature.
Busard asked if there was any way to wrap the aesthetic concerns in with the impervious surface area
issues. Carter said that he did not believe the impervious sufcace area was being increased as the
amount of retail space is going down by roughly 9,000 square feet and the parking lot is being reduced by
about 300 spaces. Busard asked if the green space was designed in a manageable way so that it
actually affected storm-water runoff. Carter maintained that they are not doing anything to increase the
impervious surface area. Busard asked if the applicant was doing anything to improve the situation, and
if that was something the Commission could consider. Freerks replied that the Commission could talk
about many things because they were in the middle of renegotiating this. Carter said that by the fact that
there was less concrete, water would hit the islands and some of it would be absorbed, and the result
would be less runoff, although he acknowledged that he was not sure what the percentages of green
space now versus green space in the plan was exactly. Freerks asked for calculations by which the
impervious surface was being reduced to discuss at the next meeting.
Busard asked if impervious concretes had been investigated. Carter replied that Wal-Mart had done
some experiments with impervious concretes and found that they did not work. Busard asked if green
Planning and Zoning Commission
June 19, 2008 -Formal
Page 6
roofs had been considered. Carter said that Ryan Horn would be the best person to speak about that, but
that he believed Wal-Mart currently has a test of this in Chicago.
Freerks asked if there were four people who wished to discuss the plantings at the front of the building.
Busard, Eastham, Weitzel, Freerks and Plahutnik indicated that they would. Freerks said that it would be
put on the list of things to discuss. Freerks asked if Carter was getting a sense for what the Commission
was envisioning. Carter said he was a little bit. Freerks said they were looking for something that gave a
broader sense of green space at the front of the store rather than little pieces sprinkled here and there.
Eastham said he has looked down at the site and tried to envision a very discernible green barrier that
takes your eye off of all of that asphalt parking area and puts it on that green space in front of the store
and the storefront itself. Plahutnilk noted that that would be a plus from Wal-Mart's perspective as well,
and that the Commission and the applicant are not at cross purposes. Carter said that they would
definitely take a look at the issue.
Plahutnik said that while others have been focusing on landscaping, he feels he needs to at least say that
the Comprehensive Plan calls for apedestrian-friendly community with pedestrian-friendly developments,
and calls for things to be integrated into the community, and that a Big Box at the back of a giant parking
lot does none of those things. Putting brickwork on the front of it is nice window dressing, Plahutnik said,
but does not address any of those issues. Plahutnik said that in comparison to the demands made on
other merchants, what is being discussed is pretty lenient. The idea, Plahutnik said, is one of designing
your store so that it is part of the community rather than putting something out on a plane and effectively
blocking anything beyond that from ever being integrated into the Iowa City community. Plahutnik said he
looks at the development as an actual barrier rather than anything that ever could allow any kind of
integration. Plahutnik said he was not on the Commission in 1989, but that there seemed to be a lot of
zoning going on at the time and very little planning. Plahutnik said that they are the Planning and Zoning
Commission, and for him, this is going to be their only shot at any sort of planning on what is a
redevelopment of this plot. Once the building goes up, it will be there for 30-40 years, until long after he
is dead. In terms of giving the applicant direction, Plahutnik said, take a walk around Iowa City and get
some direction.
Carter said that he does not in any way mean to come off as combative, but that as an engineer he loves
clear direction. He simply wants to make sure that he is able come back with what they are looking for.
Freerks said that in some ways it seems almost as if the code was not even consulted. She said that she
was disappointed at being this far into the process and not being even close to meeting the minimum
standards in some areas. Freerks said she recalled from a previous meeting a comment calling the
development a model for what would be coming all across the state of Iowa, and that, to her, that
statement does not take into account what this community is asking for through its Comprehensive Plan
and its zoning standards. Seeing the possibilities in the example buildings that Wal-Mart has already built
according to the standards of other cities, she feels that there is still a ways to go to get to that point.
Weitzel noted that just in looking at the illustration you see cars and paint, very little vegetation. That is
what the current parking lot looks like and the Commission is trying to go to the next generation parking
lot with a tree canopy, a more park-like, inviting feel. Carter pointed out that one of Wal-Mart's big things
was not going to a green site but trying to redevelop existing sites as they are trying to do here. Weitzel
said that he did not think that anyone was saying that this site could not be redeveloped, but that they are
trying to ensure the redevelopment is done is such a way that it is good for the next fifty years.
Eastham said that in the spirit of giving specific direction, the places he's looked at in the community that
are more appealing large parking areas are Pepperwood Plaza on Highway 6, the new Menard's store,
and what used to be the Parkview Church parking lot.
Weitzel wanted to reiterate what Staff had said about the Ruppert Road elevation being a public facade
and the importance of that articulation that is stated in the code. He also has some concerns about trucks
Planning and Zoning Commission
June 19, 2008 -Formal
Page 7
mixing with vehicular traffic, and that he believes there are ways to accommodate that in this plan. Carter
said that there are plans to look at those issues. Freerks agreed that there was a lot of work to be done
there and that it was important since that is clearly a major entrance.
Freerks asked if Carter had been able to look at the list of outstanding issues that Miklo had presented to
the Commission. Carter said that he had. Freerks asked if he agreed with the items where the minimum
standards had not been met. Carter said that there are a couple of issues which Staff and Wal-Mart see
differently. Freerks asked for specifics. Carter said that the first issue was whether or not the screen for
the compressor area on the Ruppert Road side constituted an articulation in the building. Miklo said that
Staff has determined that the screening wall for the compressor units is not part of the building, has no
roof on it, and is basically a wall to hide things. The Code says that every 100 feet you must have at least
a 3 foot variation in the building wall, which is not met by that screening wall. Even if the Commission
wanted to approve the wall in lieu of an actual projection, it would have to go to the Board of Adjustment.
Carter stated that ultimately this issue would be worked through and they would meet the requirements of
code.
The second issue that must be worked through is that the city ordinance requires that all end-caps be
landscaped. Wal-Mart, very sensitive to lawsuits, has taken the interpretation of the Americans with
Disabilities Act (ADA) to mean that there must be a free path along the entire row. As a result, Planning
and Wal-Mart are going back and forth a little bit on whether or not there should be an end cap in the
area.
Eastham asked if the view from Highway 1 on the west side of the building was not sufficient to require
facade improvements. Miklo said that because of the way the building is skewed from the highway and
set back further he did not believe the facade would be an issue.
Wally Taylor, attorney for Iowa City Stop Wal-Mart, said that he spoke a few weeks ago and that he
believed the minutes reflected very specifically what he had said at that time. Earlier in the evening, Mr.
Plahutnik made exactly the same point, said Taylor, and that is that this area was planned to be a
pedestrian-friendly area of small retail businesses. That has not changed. As Taylor stated a few weeks
ago, there were a couple of minor changes in the CZA, but the overall intent of the area was not affected.
As was mentioned tonight, Taylor said, a Big Box store with a huge parking lot is not a pedestrian friendly
grouping of small businesses. Taylor said that the Wal-Mart folks were using the word "pedestrian"
tonight, but the fact of the matter was they were talking about a big parking lot where people park their
cars and walk into the store, do their shopping, come back out and drive away. Taylor said that it was
ridiculous to suggest that because of the fake facade attempting to look like three or four separate
businesses people would go into the store, come out one entrance and go into the next entrance and so
on, despite the fact that they could easily walk the length of the store inside the building. People who
enter large stores like this enter the store and stay until they leave, Taylor said. The important point to
him is that this plan does not coincide with what the agreement for this property is, and has been, and still
is. All of the attempts that Wal-Mart can make to pretty it up and plant trees here and there and change
the facade does not make a difference ultimately because it is just not in compliance with the CZA. The
Commission is being asked to change this zoning agreement, Taylor said, and to approve cosmetic
changes. However, said Taylor, the Commission is not being asked to do what would need to be done to
satisfy Wal-Mart which is to changing the concept of the whole area. Taylor said Wal-Mart was really
playing a magician's game of redirecting the Commission's attention from what was really being done,
and he asked that the Commission not be fooled by it. Taylor requested that the Commission not change
the overall concept of the CZA, and said that by not doing that, the Commission could not approve what
Wal-Mart is doing in the area.
Gary Sanders asked if all of the Commissioners had the original CZA, and if they had all of the
background on who bought the land and when. Sanders thanked the Commission for their dedication,
and commented that it has been a terrible time for the people of Iowa City. He stated that he was a little
curious as to why a meeting was even being held tonight when the plan revisions were just received that
Planning and Zoning Commission
June 19, 2008 -Formal
Page 8
day. He asked if that was standard procedure. Freerks replied that it had been a "special" week all
around, and said that usually things arrive in a timelier manner. Freerks said that the usual Monday
meeting was cancelled and that was why the Commission was receiving things later than usual, but that
the idea was that this discussion would continue beyond tonight's meeting. A special meeting is being
planned for Thursday, June 26th, Freerks said, and at that time they would hope to see something that
reflects what the Commission has outlined for the applicant this evening.
Mitchell said that Wal-Mart would go back and address Staffs concerns, and that he hoped that next
week when they brought back illustrations they would better reflect the landscaping that is going to be
done. Hopefully, Mitchell said, that will alleviate the Commission's concerns. He said he believed that
everyone does understand what it is the Commission is asking.
Freerks thanked Mitchell and added that she believed if he consulted the list that there is more than
landscaping that needs to be addressed, including some building design issues. Mitchell said that he
understood that the building design issues were primarily on the Ruppert Road side. Freerks replied that
he should take a look at the front of the building as well in terms of the things outlined in the list and at the
meeting. Freerks said it comes down to concept in terms of having something that really fits Iowa City
and not something that could be put down any place.
Eastham moved to defer REZ08-00006 to a special meeting on June 26, 2008
Weitrel seconded the motion.
Freerks invited Commission discussion on the matter
Weitzel said that he was aware that there is some history on this site but that he did not think it was within
his understanding of the Commission's latitude to outright deny a redevelopment here. Freerks replied
that the Commission does not have to vote to approve something that does not meet the standards
either. Weitzel agreed, but said he did not believe they could outright deny because of things that are not
part of the application, such as the fact that the building was supposed to be an L-shaped development.
Greenwood-Hektoen said that if it does not meet the requirements of the Comprehensive Plan and
Zoning Code, the Commission does not have to approve it. Weitrel said he believed it did meet most of
those standards, but that it was the standards of the existing CZA that opponents such as Stop Wal-Mart
were discussing and that it was those he did not believe were in the Commission's scope. Freerks said
that the Commission can talk about aesthetics, and open space and green space and can deny it based
on any of those things. Weitrel said that he's not saying that the Commission cannot deny the
application, but that the reason they deny the application cannot be because it is not an L-shaped, series
of smaller stores. Weitzel said that the comments being directed at the Commission for denial are on the
basis that the plan does not meet the criteria for a strip mall type design laid out in the current CZA.
Eastham wanted to make sure that he expressed what he was hoping to see at the next meeting:
dimensions that are at least close to the final dimensions on the green areas and the parking space, and
the square footage difference in the impervious surface dimensions and the green space dimensions.
Plahutnik said that he was one of the lazy members of the Commission and that he relies on Staff to do
the calculating and measuring, but that he makes his decision on every plan put before him based on his
interpretation of the Comprehensive Plan.
Weitrel stated that he believed the plan had met those criteria and that he did not believe the
Commission had the latitude to just arbitrarily say they don't like it. Freerks said they do have the power
to deny based on aesthetics. Weitzel agreed that that was not an arbitrary reason. Weitzel said that in
this particular case the Commission does not have the power to deny if the plan meets the criteria
specified in the Comprehensive Plan, and he believes it does.
Planning and Zoning Commission
June 19, 2008 -Formal
Page 9
The Commission voted 6-0 to defer the item to the next meeting
DEVELOPMENT ITEM:
SU608-00007: Discussion of an application from Southgate Development for a final plat of Kennedy's
Waterfront Addition Part Five, a 4-lot, 6.48 acre commercial subdivision located west of S. Gilbert Street,
south of Stevens Drive.
Miklo stated that the property is on the west side of Southgate Avenue and south of Stevens Drive.
Stevens Drive would be extended into a cul-de-sac where there would be four lots, with access to the cul-
de-sac on lots 1 and 4, and with lots 2 and 3 sharing a single access onto Gilbert Street. Miklo said that
this was consistent with the preliminary plat the Commission had approved a few weeks prior. At this
point, Miklo said, Staff is recommending approval subject to approval of legal papers and construction
drawings prior to Council consideration of the plat.
Weitzel said that he knew he had asked the question before but that he just wanted to reiterate the
question of whether the access point of lots 2 and 3 onto Gilbert Street was not seen as a potential for
traffic problems to Staff. Miklo said that it is not ideal, but it is acceptable. This being a final plat, Miklo
pointed out, that decision was pretty much made when the preliminary plat was approved.
Freerks opened the public hearing.
Koppes asked if there was going to be a plan put in place to deal with water concerns, given the fact that
the property was currently almost entirely underwater.
Glenn Siders, developer for the project, said that there would be a plan in place. He said that as a
developer he is mandated to build all structures one foot above the 100-year floodplain. The bus barn
directly south of this property that was just finished being built stands a little above the 100-year flood line
and they took on no water. Siders said that he had his engineers down there and they would ensure the
structure was above that level.
Koppes asked about access concerns. If there are floods, there will be no way to get to the property even
if the building itself is above the flood-line. Siders stated that that was the City's problem. The flooding
areas and streets that are underwater were mostly put in years and years ago, Siders said: The newer
streets have not experienced the same flooding issues. Miklo said that code now requires any new
streets to be one foot above flood-elevation.
The public hearing was closed.
Eastham moved to approve SU608-00007, an application from Southgate Development for a final plat of
Kennedy's Waterfront Addition Part Five, a 4-lot, 6.48 acre commercial subdivision located west of S.
Gilbert Street, south of Stevens Drive.
Plahutnik seconded.
The motion carried 6-0.
Planning and Zoning Commission
June 19, 2008 -Formal
Page 10
ELECTION OF VICE-CHAIR:
Eastham nominated Koppes to be Vice-Chair.
The motion carried 5-0 (Koppes abstaining).
CONSIDERATION OF MEETING MINUTES: JUNE 2, AND JUNE 5, 2008:
Eastham moved to approve the minutes from June 2"d and June 5`h. Weitzel seconded.
The motion carried 6-0.
OTHER:
Freerks welcomed the newest member of the Commission, Josh Busard, and invited him to say a few
words about himself. Busard said that he graduated from the University of Iowa and then left the area for
awhile. He has been back about a year and a half and is a land-use planner for Johnson County. He
said that he is married and his wife works at the University.
Freerks asked if there were advertisements out for the Commission seat left open by Bob Brooks'
departure. Miklo said that he believed sometime in July the Council would appoint a new Commissioner.
Freerks offered her condolences to Eastham's losses in the flood, noting that his home is underwater.
Eastham thanked her for her condolences. Miklo commented that Dean Shannon, former Commission
member who lived on Normandy, also was flooded.
Greenwood-Hektoen reminded Commissioners that in order to approve Wal-Mart's rezoning, there would
have to be an affirmative vote of four Commissioners. She said it was just something to keep in mind
when considering meeting attendance. Miklo said that all Commissioners had confirmed that they could
be present at the June 26th meeting.
Freerks asked if there would be a Monday planning meeting. Miklo said he did not believe so as they did
not expect to get the plans until Tuesday. Freerks expressed some reservations about getting the
revisions so soon before the meeting with no time to discuss them. Miklo advised that Commissioners
could contact him with concerns, but that if based on getting things so late they did not feel they could
digest it, they could ask the applicant to defer. He cautioned that the 45-day limitation period is up on that
weekend, and Wal-Mart would have the option of deferring it or risking a vote. Hopefully, Miklo said, the
plan will be clear and all of the concerns addressed.
ADJOURNMENT:
The meeting was adjourned by unanimous vote at 9:07 p.m.
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MINUTES APPROVED
PLANNING AND ZONING COMMISSION
JUNE 5, 2008 - 7:30 PM -FORMAL
CITY HALL, EMMA J. HARVAT HALL
MEMBERS PRESENT: Elizabeth Koppes, Tim Weitzel, Ann Freerks,
Charlie Eastham
MEMBERS EXCUSED: Wally Plahutnik, Bob Brooks
STAFF PRESENT: Bob Miklo, Doug Ongie, Sarah Greenwood-Hektoen
OTHERS PRESENT: Dennis Mitchell, Ryan Horn, Jeremy Carter, Jackie Cook-Baxby,
Gary Sanders, Barry Westemeyer, Tom Carsner, Dan Daly,
Wally Taylor, Sarah Swartzendruber
RECOMMENDATIONS TO CITY COUNCIL:
Recommend approval by a vote of 4-0 REZ08-00007, an application submitted by 6 Corp for a rezoning
from Community Commercial (CC-2) to Intensive Commercial (CI-1) zone for approximately .28 acres of
property at 700 S. Dubuque Street.
Recommend approval by a vote of 4-0 a proposed amendment to 14-5J-9 Variances to Flood Plain
Management Standards.
CALL TO ORDER:
The meeting was called to order at 7:32 p.m. by Chairperson Ann Freerks.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
REZONING ITEMS:
REZ08-00006: Discussion of an application submitted by Wal-Mart Stores, Inc., for a rezoning to amend
the conditional zoning agreement to modify the concept site plan for approximately 25.16 acres of
property in the Community Commercial (CC-2) zone at 855, 911 & 1001 Highway 1 West. The 45-day
limitation period is June 29, 2008.
Miklo stated that Wal-Mart is seeking an amendment to the Conditional Zoning Agreement (CZA) that
applies to the Westport Plaza shopping center. The property fronts on Highway 1, where it has its
primary entrance; there is a secondary entrance off of Ruppert Road. Miklo pointed out that the City is in
the process of building McCollister Boulevard just to the south of Ruppert Road which will provide better
access to this property from the east. The applicant is seeking to redevelop the site by removing the
existing Cub Foods and Staples stores, building a new Wal-Mart building, and tearing down the existing
Wal-Mart store. In 1989, the Joseph Company, the original developer of Westport Plaza, entered into a
zoning agreement that tied them to a specific development plan that was intended to produce an
Planning and Zoning Commission
June 5, 2008
Page 2
integrated shopping center. In order to significantly vary from that site plan, the zoning agreement must
be amended as the agreement applied to the original developer and then any subsequent buyers of the
property. One of the original reasons for the conditional zoning agreement was to address aesthetic
concerns along Highway 1, as this is a primary entrance way and commercial corridor for the city. The
shopping center initially proposed never fully materialized as envisioned in the zoning agreement, and the
appearance of this area remains a concern. Staff is not opposed to amending the site plan, but given the
original intent of the zoning agreement and the concerns about aesthetics along Highway 1, Staff believes
that at a minimum the zoning requirements for commercial site development should be adhered to.
The original proposal to amend the site plan placed the loading docks in such a way that they were highly
visible from Highway 1. Because of that, Staff found that it did not comply with site development
standards. After some discussions, the applicant submitted a new site plan which moved the building
toward the back of the lot and turned the primary facade so that it now faces the highway. This new
orientation makes it possible for the project to come into compliance with the zoning site development
standards. However, Staff received this plan and a variation of it only one day prior to this meeting, and
as a result, has not had an opportunity to fully review it for compliance with the commercial site
development standards such as parking and landscaping. Therefore, Staff is not in a position to
recommend approval of this site plan as is.
Miklo said that Staff has determined that some aspects of the design do not comply with the building
standards for large retail use. The standards require that public facades for large retail buildings be
designed into smaller modules to moderate their scale. One theory behind what some refer to as "Big
Box" regulations is that they help to make such buildings re-useable for smaller businesses should they
ever close. These standards are also intended to address concerns about the appearance of the
community, and are becoming quite common in many localities.
Our community's regulations require that at least every 100 feet there be a projection, a bay, or a recess
of at least 3 feet. There are also requirements for other architectural features to break down the scale of
the building. The intent of these is to break both the horizontal and vertical mass of these buildings.
Although the front of the proposed building along Highway 1 does seem to generally be in compliance
with code, there are some details that need to be worked out. The Ruppert Road elevation does not meet
the standards, and there would need to be some redesign of it to articulate the facade and bring it up to
minimum standards. Staff also is concerned about the lack of landscaping in this vicinity and along the
front of the building. The code specifies that areas not needed for vehicular or pedestrian use be
landscaped. The intent of this is to help moderate the "heat island" effect of large paved areas, help slow
traffic, and enhance the general appearance of the development.
Staff has also asked that the two primary facades use more brick to help comply with the standards
contained in the code and to minimize the use of concrete block on the primary facade.
At this point, Staff recommends that the application be deferred to allow the applicant to comply with the
minimum standards of the code, and to address some of the other suggestions made by Staff. Miklo
offered to answer any questions Commissioners may have on the topic.
Eastham asked if the site plan shown on Miklo's presentation was the same as the one distributed in the
Commissioners' packets. Miklo replied that it was not. The traffic flow pattern shown on the site plan
presented to the Commission in their informal work session was of concern to Staff. The revised plan
attempts to address that concern.
Freerks noted that there had been concern about the tightness of the entrance on Ruppert Road and
wondered if that had been addressed. Miklo responded that that area was one in which Staff had
suggested additional landscaping to provide space between traffic and the brick wall that screens some of
the buildings' cooling units.
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June 5, 2008
Page 3
Eastham asked if the Wal-Mart stores featured in Miklo's presentation as good examples of architecture
that complies with Iowa City's codes were of a comparable size to the proposed store. Miklo said he did
not know their sizes as they were simply photographs taken off of the Internet, whose primary objective
was to show "Big Box" retail that complied with City standards.
Koppes asked if the site plan indicated a stub to the Menard's property to the west of the Wal-Mart. Miklo
said that it did, and that there was a zoning agreement that required that access be provided from the site
of the former Menard's across this site. Miklo said that he had been looking into it but that he had not yet
found a condition that would require it for this site. He stated that if there is such a condition, the
condition would still apply and the amendment would not change it.
Eastham said that as he recalled, the original CZA required screening on the southwest corner of the
property. Eastham asked if that screening was ever put into place. Miklo said that there was a
landscaping plan, and that if you approach the property from the west there are trees in the area Eastham
was concerned about.
Weitzel said that he had noticed that there are a lot more windows on the facades of some of the example
Wal-Marts that Miklo had shared then there are on the proposed Wal-Mart, which has very large areas
that lack any windows at all. Weitzel asked if there was any way to have the applicant add windows.
Miklo responded that that may be something the applicant wishes to address, and that it has certainly
been recommended by Staff. Miklo said that in discussions with the applicant's architect it was noted that
they do have a concern for increased heating and cooling costs that windows might cause. The applicant
does intend to provide a lot of skylights to bring in natural light. Miklo shared an architectural example
which had display windows which did not penetrate the building but still had the look from the outside of a
window.
Eastham asked if the roof toward the back might be plainly visible from the highway, given the highway's
elevation and the store's great size. Miklo said that it was possible to do an analysis with modeling to find
out exactly the answer to this question; however, he did not believe this was a concern due to the
requirement for a parapet wall and the fact that the store will be at the same elevation as the current store
(for which roof visibility is not a concern).
Freerks asked if there were any further questions for Staff from the Commission. There were none.
The public hearing was opened. The applicant was invited to speak.
Dennis Mitchell of Meardon, Sueppel and Downer spoke on behalf of the applicant. He stated that the
applicant is agreeable to a deferral in order to give themselves time to work through the remaining issues
Staff has. Mitchell said he was hopeful that any concerns would be worked out by the time he appeared
before the Commission again in a few weeks. Mitchell said that he had with him Ryan Horn, Senior
Manager for Public Affairs for Wal-Mart, Jeremy Carter, engineer and project manager from Art Design
Resources, and Jackie Cook-Baxby, an architect from the Benham Companies, who would all hopefully
be able to answer the Commissioners' questions.
Ryan Horn thanked the Commission for the opportunity to come before them. He noted that this was a
very complex development with: a very large site, vacant buildings, a lot of demolition and a lot of very
advanced site planning required. Horn wished to point out a couple of differences between this project
and the last Wal-Mart project. First, Horn said, there are no other Wal-Marts in the state of Iowa that look
like this one. Horn said that this Wal-Mart had a much higher level of architectural design; a level which
Wal-Mart would be turning to more and more in the future. Horn said he believed that the style of
architecture was one that fit Iowa City very well, and that it is very appropriate that Iowa City should be
the first to have this new look for the Wat-Mart brand and the customers who shop there. Horn stated that
a new facility was also important for the 200 folks who work at that Wal-Mart; people who run one of the
Planning and Zoning Commission
June 5, 2008
Page 4
best performing stores in the region, and whose building right now does not reflect the quality of work that
they do, nor does it reflect the modern Wal-Mart brand. As a company, this change will give Wal-Mart an
important role in the look of Iowa City and the community of Iowa City, as this property is situated on an
entrance corridor to the city. Horn noted that the retail sector in the United States is in an era of
contraction not expansion, and this change is a good opportunity for Wal-Mart to make a positive impact
on the look of the city and bring a real modern discount product to the fore.
Another difference between this Wal-Mart project and the last one is the issue of environmental
sustainability, said Horn. Around the same time the last plan was presented to the City a few years ago,
the company as a whole began looking at environmental sustainability and the role the business
community and private industry should play. Wal-Mart has, on the whole, embraced environmental
sustainability as a company. From the energy efficiency of trucks, to their overall carbon footprint, to
where they get their fish, to international labor practices, to fair trade products stocked on their shelves:
all of these are areas Wal-Mart is focusing on intently right now. Wal-Mart's biggest focuses right now, as
far as environmental sustainability, is the way in which it builds its stores and their energy efficiency. This
particular store will have a couple of unique features -hopefully, Horn noted, they will not be unique for
long. First, this particular store is going to have a little bit smaller footprint, decreasing the retail space by
about 9,000 square feet from what is available at the shopping plaza right now. About 350 parking stalls
will also be eliminated, so there will be less impervious surface. The architecture has a very organic style
with a lot of trees, canopies and landscaping. Horn noted that the drawings being discussed are in fact
architectural renderings, and therefore are focusing on the building more than the landscaped areas.
When the store is built, a good portion of the material from the demolition will be ground and reused in the
subflooring for the new store. The store will be equipped with light-emitting technology on the outside
signs and on freezer cases. Everything Wal-Mart does in environmental sustainability is done for its
profitability, said Horn. He believes that this is at the core of the long-term success of the sustainable
movement: there has to be a profit motive behind all of it, otherwise companies will not do it. Heat
transfer technology will go into this store, where there will be no water heaters per se; rather all of the
water is heated by the heat loss that is created by heating and cooling systems. Horn said there are a
myriad of other things the store will be doing to increase its sustainability. Horn believes these are the
two main differences in the store this time around, and that they reflect the differences in their changing,
evolving company. He thinks this is a chance to do something very positive for the city and for those 200
people working at the store.
Eastham noted that Horn had said there would be less impervious surface area in the new development.
Horn said that yes, there would specifically be less parking area. Eastham said he understood that there
would be less parking area, but noted that this did not necessarily mean less impervious surface. Horn
said that he had to admit he had extrapolated that because the building space itself will go down by about
10,000 square feet and 350 parking slots would be eliminated, there would be less impervious surface.
Eastham suggested that it would be interesting to look at that idea in detail. Horn said that they would do
so. Horn said that Wal-Mart had also been testing pervious concrete in some of its stores, but that they
were finding that it was not working as well as had been hoped. Horn then invited Jeremy Carter to
speak.
Carter showed a graphic of the current site plan laid over the current shopping center to demonstrate the
actual reduction in retail space after the finished product. The current landscaped islands at the site were
done 18-20 years ago and are very small, Carter said. The new islands meet the ordinance; there are a
lot more islands which will equal more green space and as a result, less impervious surface area. Less
impervious surface translates into less storm water run-off. As a result, the existing storm-water system
will be sufficient.
Carter said that one of the big differences between the present Wal-Mart and the proposed Wal-Mart is
the presence of a grocery area in the new one. There are three entrances: the grocery vestibule, the
general merchandise vestibule, and the garden center. There are, of course, significant things that
happen at the back of the building away from the eyes of most customers. Almost all merchandise that
Planning and Zoning Commission
June 5, 2008
Page 5
comes through the store will come through the truck dock, which has two major parts to it: the truck wells
for big semis, and the delivery door for the smaller trucks. The refrigerator compressor housing is also in
this area.
The plan submitted a week ago had some concerns regarding traffic flow. Wal-Mart addressed these
concerns in the newest plan by eliminating some parking and redirecting traffic around some landscaping
islands. The trucks would enter and exit from the Ruppert side.
Jackie Cook-Baxby said that architecture is a tough subject because everyone has an opinion on what
materials should be used, which way it should face, etc. Within the last year, Wal-Mart has begun looking
at not only the energy conservation inside the building but what they're actually using on the exterior
when building. Cook-Baxby called this truth in architecture, truth in merchandising. In discussions of
adding windows where there are "back of the house" functions, Wal-Mart has at this point decided that
that is not what they wish to do because they are misleading the public into thinking that there is
something important there for them to look at. In reality, Cook-Baxby said, the important parts of the
store are at the front: the Market and Pharmacy entrance, the General Merchandise/Home and Living
entrance, and the Garden Center entrance. This store will have a full garden center with asemi-interior
feature, similar to Lowe's garden center, as well as adrive-through area where the bagged goods are
kept. An open canopy feature has been added to some of the entrances to add interest to the entrances
along the front of the store. A large planter with an edge and height appropriate for sitting has been
added. Lighted and decorative features along the front of the store help prevent contact between
pedestrians and traffic. They do have windows in all of the places that make sense, and entryways that
are very well lit. There are a few windows in the recycling area and the cart area; they have a treatment
that mimics windows in areas where there are things you would not want to be witnessing - a bathroom
area, storage area, etc. There are a number of brick features across the front. To address some of
Staffs comments, Cook-Baxby said that a brick wall has been added at the end of the Garden Center to
break up the wall mass of the area. They have also added a continuous canopy around the corner of the
building per Staff suggestions. Cook-Baxby pointed out a number of decorative and landscaping features
on the truck-dock side of the building, that she believes meet or exceed standards. The building is done
with a wide variety of high-quality construction finishes. Cook-Baxby truly believes that this building
reflects the future growth of Wal-Mart, a more contemporary idea that has addressed the zoning
ordinances, and results in a nice property for Iowa City.
Weitzel said that he believed that some of the areas on the building are still quite massive and could be
further articulated horizontally or have fenestration added to break up the large space. Cook-Baxby said
that they had looked at it and had tried to emphasize those features that are going to draw the public to
where they want to be. As a result they have a pedestrian scale, a branding scale, and a signage scale.
Weitzel said he would refer to the suggestions, if not a direct requirement, in the code which asks that a
building could be easily repurposed into smaller stores should it ever need to be re-used. Weitzel said he
understood Wal-Mart wished the building to be designed for its own use, but that 25 years is not a very
long lifespan for a building. Cook-Baxby said that she did not anticipate the building being torn down, and
added that her firm has repurposed at least two Wal-Mart stores quite successfully.
Eastham said that he understood Cook-Baxby's firm had designed the original Wal-Mart store in question.
Eastham asked if she and the firm had a chance to review the current zoning ordinances before
designing the current plan. Cook-Baxby said that they absolutely had reviewed them.
Freerks referred to the examples shown in Miklo's presentation as well-designed within the standards of
the code, and asked Cook-Baxby if any of these were affiliated with her firm. Cook-Baxby said they were
not, but that she could say that those Wal-Marts all appear to be several years old with a larger floor plan
than this, and several of them appear to be in more temperate climates than this. Cook-Baxby said that
this store is designed to be of the highest energy usage for a cold weather climate, and that her firm
specializes in that.
Planning and Zoning Commission
June 5, 2008
Page 6
Horn interjected that from a layman's point of view it is very difficult to compare a photograph (as were
used in the examples presented by Miklo) and an architectural rendering (as used in Wal-Mart's
presentations) because photographs have so much more relief. Horn said that this building probably has
as much or more relief than the buildings shown in the photographs, but the architectural rendering which
flattens everything into 2-dimensions makes that difficult to see.
Miklo stated that some of the photographs were from the suburban Chicago area.
Eastham asked Cook-Baxby if her architectural firm was also responsible for the design of the parking
area and its landscape and she said that it was not.
Freerks asked if there was anyone else from the applicant's staff who wished to speak. As none came
forward, Freerks opened the comments to the public.
Wally Taylor, an attorney from Cedar Rapids representing Iowa City Stop Wal-Mart stated that he had just
had the opportunity to look at the Conditional Zoning Agreement. It appeared to him that what was being
talked about was not amending a zoning ordinance, but about minor landscaping details and the like.
Basically, Taylor said, we're talking about putting lipstick on a pig. Taylor said that a step back needs to
be taken to look at the zoning agreement that has been in place, where it has been, and why Wal-Mart
should not be allowed to amend it again. The original zoning agreement was adopted back in 1989 by
the Josephs Company, and the plan then was to have a group of smaller stores that were compatible,
looked nice, and went together. Somehow, Taylor said, that didn't quite happen. Wal-Mart was one of
the original tenants, the anchor tenant at that time. In 1996, because things had not gone according to
plan the City Council agreed to make a couple of minor adjustments to the zoning agreement, taking out
the requirement that the facades on the retail centers would have to provide horizontal continuity,
although they were still to be compatible. The other item changed in 1996, was to remove the
requirement for cohesive integrated development; however, it was left in the ordinance that it was to be a
development of several stores whose facades had to be cohesive and match each other. Taylor noted
that the responsibility of the developer to conform to the zoning agreement was passed to Wal-Mart when
they purchased the property. Wal-Mart, Taylor said, is now responsible; the zoning agreement has not
been complied with throughout the property's history, and he does not think that Wal-Mart should be
allowed to just throw out the agreement now and amend it again. Taylor said that Horn was correct in
saying that retail is in contraction, but that the reason for it is because companies like Wal-Mart have
eaten up all of the competition. Taylor disagreed with Horn's statement that Wal-Mart was a company
focused on sustainability; asustainable community, Taylor said, is one that has many different types of
businesses and employs lots of people with good jobs. Taylor said that the Commission has the ability
and the authority to say that the CZA has been violated, the plan adopted here does not fit with what the
city of Iowa City wants for that area, and therefore, the application should not be approved.
Gary Sanders, Chair of Iowa City Stop Wal-Mart, complimented the Wal-Mart folks on their presentation
and acknowledged that they had all worked extremely hard on this. Sanders said that they just had some
different ideas on a few things. The look of Iowa City, Sanders said, was one of these issues. He has a
different idea of what he would like the look of Iowa City to be when you enter into town. In terms of the
environmental issues, Sanders said that he would like to point out that considering that Wal-Mart
manufactures most of its products in countries with almost no environmental controls -such as China--,
and that these countries are half-way around the world and products therefore must be transported long
distances to reach the United States, that by helping to destroy local businesses all over the country Wal-
Mart has increased the distance that people have to drive to buy life's necessities, and that Wal-Mart
paves over millions of acres every month; the idea that this is a green company is laughable. Sanders
said that if the Commission did not wish to take that into consideration by the narrow standards of what
they believe they have to vote on, then that is their own affair. However, Sanders stated that he is
strongly opposed to this project. He said that the project is a monster, and while it may be the best
looking monster in the state of Iowa, it is a monster nonetheless and he is completely and totally opposed
to it.
Planning and Zoning Commission
June 5, 2008
Page 7
Rob Eidelhart, a Ruppert Road property owner, wished to state that the people from Iowa City Stop Wal-
Mart do not care about Iowa City; rather, they just hate Wal-Mart. Eidelhart said that it does not matter
what the front of the building looks like or what materials were used, that it wouldn't matter if there were
solar panels on the roof and not a drop of energy used to run the place, it would still not be enough for
these guys. In making your decision, Eidelhart urged the Commission, remember that these people are
here to make trouble, not to help Iowa City.
Eidelhart stated that he had owned rental property in that area for about two years now and that he feels
his property values are going down because the area is deteriorating. He said the vacant buildings on the
site and the unsuitable parking lot make it impossible to draw new businesses to that area. He believes
that the requirements that Wal-Mart is willing to meet and the money they are willing to invest will
completely revitalize that part of town. He believes that anyone who owns a business on that side of Iowa
City will love to see the new Wal-Mart come in because it will generate so much traffic, so much business,
and so many taxes. Eidelhart said he believes that this is a very nice Wal-Mart, and that when such a
nice building goes in, the rest of the buildings in the area will follow-suit. Eidelhart indicated that he
doubted that the Iowa City Stop Wal-Mart group was there when the new Menard's building was going up,
and that building was not nearly as nice as the proposed Wal-Mart in his opinion. Eidelhart reiterated that
this was a good thing for Iowa City as well as a good thing for him personally as a property owner in the
area, and that he fully supported it.
Barry Westemeyer, managing partner and president of Westport Touchless, the car wash in the front of
Westport Plaza, stated that he had a vested interest here but that he tended to agree with Horn in his
assessment of Wal-Mart's impact on the look of Iowa City. Westemeyer asked if we want the look of Iowa
City to be hulking, empty buildings, with Menard's, Cub Foods, potentially Staples, potentially Wal-Mart if
it decides that it is no longer worth being in Iowa City anymore if they have to continue to fight.
Westemeyer said that he believed Wal-Mart would continue to make improvements to meet all
requirements. He said that he.was excited about the change and believed it was a great thing. He stated
that he does not in any way agree with everything Wal-Mart does, not by a long shot. However, he said,
they're here already, and they're here in an ugly building with an atrocious parking lot. From the
perspective of a property and business owner in town, Westemeyer asked if his property taxes would rise
even more if Iowa City continues to lose businesses. Referring back to Taylor's statement that the
proceedings were tantamount to putting lipstick on a pig, Westemeyer posed the question of is it better to
just let the pig sit there and decompose.
Tom Carsner stated that he had spoken a few years earlier when the Wal-Mart issue came before the
City Council. Carsner stated that there were at least 22 detailed conditions that Wal-Mart had demanded
of the City before they would sign the contract at that time. Carsner remembers thinking the City should
make some requests of Wal-Mart to even things out. In this situation, Carsner said, the important thing is
to play by the rules. It doesn't matter that Wal-Mart is the largest company in the world, Carsner said;
they still have to play by the rules. The rules, Carsner said, are those imposed by the City and its
Planning and Zoning Commission, but also those which measure Wal-Mart in the larger sense as a
corporate citizen, a member of the community, how they treat their employees and the environment, and
what we want as a city. Playing by the rules is very important, Carsner said, and it is the role of the
Commission to make sure they play by the rules. He said that most of what had been talked about are
details, but really there is an agreement the Commission is being asked to change. You should be sure,
he cautioned, that they are doing it by the rules and that there are good reasons for it. The Planning and
Zoning Commission said no to Wal-Mart a few years ago, and they can do it again, Carsner said. When it
comes to playing by the rules, everyone is equal, and he urges the Commission to continue to use their
good judgment and look at Wal-Mart as an equal and as any other customer trying to do business with
the City.
Dan Daly said that he hoped that the Commission could consider looking beyond the interests of owners
of deteriorating property, vested interests, and real estate speculators and embrace the idea of cultivating
Planning and Zoning Commission
June 5, 2008
Page 8
good corporate citizenship in our communities and their positive impact on the community as a whole.
Daly said that he shares the concerns voiced by others for the businesses that Iowa City is losing as a
community, especially in the time since Wal-Mart has come to town. Daly asked who was responsible for
monitoring and maintaining the water quality of the retention pond and to meet what standards. He also
wanted to know, in the interest of carbon footprints, if Wal-Mart was making an active effort to buy from
local and state manufacturers, contractors and producers. Finally, he wished to know if the issue of the
large number of Wal-Mart employees in town who qualify for welfare is being addressed. He said that he
knew a great number of Wal-Mart employees were only working part-time and as a result could not
adequately provide for their families. He posed the question as to what the percentage of Wal-Mart
workers working part-time was nationally as well as locally, and what that percentage would be for the
new, proposed Wal-Mart. Daly said he did not represent any group, and that he was simply a citizen and
a taxpayer that wanted to know some of these things.
Sanders returned to the podium and stated that he would never impugn the motives of anyone for or
against this project or any project in the city. He said that he believed that all of the residents of Iowa City
in the room have the common good of Iowa City in their hearts, although their opinions on the proposed
project may differ. No matter what the Commission decides, Sanders said, he would never say anything
personally about the motives of the Commission members; just as three years ago, he never said
anything against the members of the Council or the Board of Adjustment when they voted in favor of Wal-
Mart, as he knew then, and now, that those people believed themselves to be working in the best
interests of Iowa City. Sanders said he would never say anything against those working for Wal-Mart as
they are just doing their jobs. He said that he would like to have the discussion of this project among all
of the citizens present reflect that though they may differ, they all have the good of Iowa City in their
hearts.
Horn returned to the podium and said that one part of his job that he takes very seriously is the 200
employees of Wal-Mart whom no one else represents in these types of discussiohs. Some questions
were asked about the wages Wal-Mart employees make and the health-care benefits they receive, and
whether or not they were all on Medicaid, and, Horn pointed out, those questions were not before the
Commission at this time. Nevertheless, Horn said, he wished to address the facts of these matters and to
tell the truth about how hard these people work doing what they do. Horn stated that Wal-Mart's average
percentage of associates not covered by health insurance is a little over 7%, which is roughly half the
national average. Over 50% of Wal-Mart's associates are covered by the Wal-Mart health insurance plan,
as opposed to 40% reported by the New York Times as Target's average. In Iowa the average wage of
hourly employees is over $11.00 per hour; at a store like this one in Iowa City with a lot of experienced
workers he imagines it is even higher. A strong majority of employees in Iowa City and the state of Iowa
as a whole are actually full-time workers, working an average of 32 hours per week or more. All
associates, whether full or part time, are eligible for health care benefits with a wide array of plans from
which they can pick and choose the plan most appropriate for them. Because there were questions on
these subjects, Horn said he wanted to clear these things up. He said he wanted to make sure that
people knew that people who work at Wal-Mart often do so because wages are competitive and benefits
are good, and he advised people who have concerns about this to go and ask the managers at Hy-Vee.
Freerks asked if there was anyone available from Wal-Mart this evening that could address the questions
concerning the retention pond, or if more time was needed on that. Jeremy Carter responded that the
retention basin is currently maintained by Wal-Mart, Staples and Cub Foods. He stated that when Wal-
Mart purchases their property, Wal-Mart will become solely responsible. Carter pointed out that the
storm-water retained in the pond comes not just from Wal-Mart's site, but from the car dealership to the
north and from public water off of Ruppert Road. Carter said that he could not quote the standards of the
actual ordinance, but he assured Commission members that it would be looked at and would fully comply.
Freerks invited further public comment. None was offered
The public hearing was closed.
Planning and Zoning Commission
June 5, 2008
Page 9
Eastham moved to defer REZ08-00006, an application submitted by Wal-Mart Stores, Inc., for a rezoning
to amend the conditional zoning agreement to modify the concept site plan for approximately 25.16 acres
of property in the Community Commercial (CC-2) zone at 855, 911 & 1001 Highway 1 West, to the
Commission's June 19, 2008 meeting.
Weitzel seconded the motion.
Freerks invited Commission discussion on the matter
Eastham stated that the features of the application that he was interested in as a Commission member
have to do with the parking area as well as the design of the building facade.
Koppes requested more information on what the current CZA is. She said that she can see in the site
plan that there is not a whole lot changing, but she would like a clearer definition of what in the CZA will
be changed. Freerks clarified that this request was for further information to be provided at the next
meeting. Koppes said she was asking Staff to really highlight what the changes are to the CZA, as she
was still seeing very similar wording. Hektoen-Greenwood said that at this stage it is primarily about the
site plan, as it is incorporated into that agreement that they are bound by the current site plan. She said
that some of the other requirements at the time the property was developed were about the access road
and things like that that are no longer applicable because they have already been done. Miklo said that
the only significant change was replacing one site plan with another, one concept plan for another.
Koppes said that the question she has is if, legally, the only thing the Commission is looking at is the site
plan; all of the other issues, environmental, corporate citizenship, etc., cannot be addressed. Freerks
said that the other issues could be looked at in terms of how they fit into the City's code. Hektoen-
Greenwood said that these issues could be looked at in the context of the City's ordinances. Koppes said
there was not to her knowledge anything in the code regarding "green" versus "non-green." Freerks
clarified for the audience that there are "Big Box" standards beyond the CZA that the Commission would
take into account in its decision.
Eastham said that along the same lines he was going to ask the Assistant City Attorney or Staff to clarify
or give a summary of the review criteria at the next meeting that they see as applicable to the
Commission for this application. Eastham said this was especially relevant given the number of
comments that had been made about things which may or may not be within the scope of the
Commission. Hektoen-Greenwood said that this application was considered just as any other rezoning
because that is what it is.
Weitzel said that he feels there is clearly reason to defer this application given that the site plan is still
being developed.
Freerks agreed with his comments and said that she wanted to take some more time with the CZA and
take a look at that. She said that especially in light of the fact that things did not occur as expected the
last time around with Wal-Mart she wanted to take her time. She believes that the exterior requires some
work before it could meet the City's "Big Box" standards. She would like to have Staff have information
on changes prior to the day before the Commission meeting so that they have time to closely review the
materials. She stated her agreement with the deferral.
The motion to defer passed 4-0.
REZ08-00007: Discussion of an application submitted by 6 Corp for a rezoning from Community
Commercial (CC-2) to Intensive Commercial (CI-1) zone for approximately .28 acres of property at 700 S.
Dubuque Street. The 45-day limitation period is June 29, 2008.
Planning and Zoning Commission
June 5, 2008
Page 10
Ongie stated that the zoning change requested by the applicant would allow the lower level of the
property to be converted into self-storage units. The upper unit of the property, which faces Dubuque
Street, currently operates as a yoga studio, which the applicant would like to continue. The applicant
would like to supplement this use with self-storage units in the lower level of the building. The current
CC-2 zoning is intended for retail goods and services that require high visibility. CC-2 zoning does not
allow self-storage units. The proposed zoning, CI-1, allows outdoor storage, self-storage units, repair of
large equipment and motor vehicles, and buildings that are not completely enclosed. Rezoning would
allow the applicant to both continue the building's current use in the upper level, while adding the self-
storage to the lower level.
The Comprehensive Plan identifies properties south of the Iowa Interstate Railroad as appropriate for
Intensive Commercial use. Except for the University's property in the P2 zone, properties south of the
railroad are zoned CI-1, so rezoning this property would make this property more consistent with the
Comprehensive Plan and the surrounding area. Staff is currently working on the Central District Plan and
has identified this area as appropriate for transit-oriented development in the future. The applicant has
expressed interest in redeveloping this property for amixed-use purpose in the future, but as of this time,
the request is for CI-1 zoning. Traffic along the back side of the property where the storage units will be
contained cannot be accessed directly from Dubuque Street. Access to these units is provided by a drive
coming off of Lafayette Street. Staff believes that the change in use will not significantly impact traffic
flow. Staff recommends approval of this rezoning request.
Freerks asked if there was a plan to alter the exterior of the building, or if screening standards would
come into play. Ongie said that he was unsure about the property owner's plans for screening at this
time. Miklo said that if there was any outdoor storage then screening would be required.
Freerks opened the public hearing and invited the applicant to speak.
Sarah Swartzendruber of Moyer & Bergman Law Firm spoke on behalf of the applicant. As to the
question on configuration, Swartzendruber said the storage units will all be located inside of the building
and will be accessed by the existing entrance. The yoga studio currently operates in two buildings that
are adjacent, 700 and 710 S. Dubuque Street. One of these buildings is zoned CC-2 and one is zoned
CI-1. The application is just to rezone the CC-2 property to CI-1 in order to make things more consistent.
The principal use of the building will not change with this rezoning. Until such time as the Comprehensive
Plan is amended and amixed-use transit-oriented development is more appropriate, this rezoning will
better suit the applicant's purposes.
Koppes asked if the storage units would be accessible 24-hours a day. Swartzendruber did not know.
Koppes asked about security plans in the event of 24-hour accessibility. Swartzendruber said that the
surrounding properties were zoned CI-1 and that a neighboring building is used as construction storage
and to her knowledge there are no security concerns in the area. She said that they would certainly
comply with any lighting or security standards code required. Freerks asked Miklo if there were security
requirements for self-storage units. Miklo said he did not believe so. Koppes said that lighting was her
primary concern. Miklo said that he didn't believe there was an applicable minimum standard in this case.
Freerks asked if the applicant was aware that if the property was fully redeveloped with a CI-1 zoning
there would be other things required in terms of screening, etc., that would need to be complied with.
Freerks said she understood that the applicant was not planning on an immediate redevelopment but she
said that she needed to clarify and think to the future as the zoning could be changed one day and the
property sold the next.
The public hearing was closed.
Koppes motioned to approve REZ08-00007 an application submitted by 6 Corp for a rezoning from
Planning and Zoning Commission
June 5, 2008
Page 11
Community Commercial (CC-2) to Intensive Commercial (CI-1) zone for approximately .28 acres of
property at 700 S. Dubuque Street.
Eastham seconded.
Freerks invited discussion on the issue.
Weitzel said that it looked like the project met the criteria of the zoning codes and Comprehensive Plan
and he would be voting in favor of it.
Freerks said she believes it complies with the Comprehensive Plan and that she sees no reason not to
approve the rezoning.
A vote was taken and the motion carried 4-0.
CODE AMENDMENT ITEM: Discussion of a proposed amendment to 14-5J-9 Variances to Flood Plain
Management Standards.
Miklo said that current flood plain management regulations are pretty much modeled after the federal
regulations that are pretty common throughout the country. Miklo said that when the City adopted its
most recent zoning code a reference was made to the general variance requirements, even though there
was already a variance standard in the floodplain regulations. Miklo said that in retrospect this should
probably not have been done as the standards for a general variance through the zoning code are very
high. To meet those standards, it must be shown that reasonable use of the property cannot be made
and that by imposing the standards the City is almost taking away the value of the property. For flood
plain regulations, the standard is somewhat different in that what is considered is whether a property that
is not in compliance with standards will sustain more monetary damage in a flood than the investment it
would take to bring it up to standards.
Miklo said Staff is proposing to strike the language regarding the general variance in the flood plain
regulations. The variance standards within the flood plain regulations would still apply, and would still
need to be reviewed by the Board of Adjustment. Miklo invited questions from the Commission.
Weitzel asked if this would have implications for construction standards. Miklo said that this generally will
apply when someone is adding on to an existing building. In almost all cases of stand-alone new
construction, the standards should be able to be complied with. Miklo said that what brought the problem
to light was the Parkview Evangelical Church, whose building is currently only 6 inches above the
floodplain and who would be required, by today's standards, to be one foot above flood plain. The new
section of the building where they are adding on will meet current standards. However, in order to tie that
portion of the building in with the existing building, current wording would require much greater expense
to be gone to in making the older section meet requirements than the building would sustain if ever
damaged by flood.
A public hearing was opened on the matter. Seeing no one, the public hearing was closed.
Eastham moved to recommend amending the zoning code, Article 14-5J-9, Variances to Flood Plain
Management Standards, as proposed in a memo from Karen Howard to the Planning and Zoning
Commission dated June 5, 2008.
Weitzel seconded.
Freerks invited discussion from Commission members.
Planning and Zoning Commission
June 5, 2008
Page 12
Koppes said that she thought it made things much easier to simply reference directly the federal
standards, and that this is a good change.
Weitzel said that this would seem to be a universal standard.
Freerks agreed, pointing out that applications for variances would still be reviewed by the Board of
Adjustment.
A vote was taken and the motion carried 4-0.
ELECTION OF VICE-CHAIR:
Koppes motioned to defer electing aVice-Chair at this time because Wally Plahutnik was not present and
it was her understanding that a new Commission member had been appointed. She preferred to discuss
the issue when more Commission members were present.
Eastham seconded.
The motion carried 4-0.
CONSIDERATION OF MEETING MINUTES: MAY 12`h and May 15`h 2008
Miklo pointed out that in the past the Commission did not review the Informal Meeting minutes, but that
Staff will be trying to get those to Commissioners in a timely manner for their review, and would try to get
them out at the same time as the Formal Meeting minutes.
Eastham pointed out three brief revisions to the minutes that needed to be made. After discussion of the
changes among members, Koppes motioned to approve the minutes with the changes suggested by
Eastham.
Eastham seconded.
The motion carried 4-0.
OTHER:
Miklo updated Commission members on the City Council's actions on the Neuzil property on Olive Court
and the Galway Hills development.
ADJOURNMENT:
Eastham motioned to adjourn. Weitzel seconded.
The meeting was adjourned at 9:13 p.m.
3b 5
MINUTES APPROVED
PLANNING AND ZONING COMMISSION
MAY 15, 2008 - 7:30 PM -FORMAL
CITY HALL, EMMA J. HARVAT HALL
MEMBERS PRESENT: Elizabeth Koppes, Tim Weitzel, Ann Freerks, Robert Brooks,
Wally Plahutnik, Charlie Eastham
STAFF PRESENT: Bob Miklo, Karen Howard, Sarah Greenwood-Hektoen
OTHERS PRESENT: Carter LeaVesseur, Noah Stevens, Candice Stevens, Jay
LeaVesseur, Nancy LeaVesseur, Charlotte Bailey, Dan Smith
RECOMMENDATIONS TO CITY COUNCIL:
Recommend approval by a vote of 6-0 SU606-00003, an application submitted by Dav-Ed Limited for a
preliminary plat of Galway Hills parts 10 & 11, a 51-lot, 21.75 acre residential subdivision located at
Dublin Drive & Shannon Drive.
Recommend approval by a vote of 6-0 SU608-00005, an application submitted by Dav-Ed Limited for a
final plat of Galway Hills Parts 10 7 11, a 51-lot, 21.75 acre residential subdivision located at Dublin &
Shannon Drive.
Recommend approval by a vote of 6-0 SU608-00002, an application submitted by Jeff Hendrickson for a
preliminary plat of Hendrickson Lytham Condominiums, a 2-lot, 9.48 acre residential subdivision located
south of Melrose Avenue as an extension of Olive Court, Learner Court,. and Marietta Avenue.
Recommend approval by a vote of 6-0 an application submitted by Agudas Achim Congregation to
establish a cemetery on 4.12 acres of property located south of Linder Road, west of Prairie du Chien
Road.
Recommend approval by a vote of 6-0 amending regulations pertaining to the subdivision and
development of land.
CALL TO ORDER:
The meeting was called to order at 7:34 p.m. by Chairperson Ann Freerks.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
DEVELOPMENT ITEMS:
SUB06-00003: Discussion of an application submitted by Dav-Ed Limited for a preliminary plat of Galway
Hills Parts 10 & 11, a 51-lot, 21.75 acre residential subdivision located at Dublin Drive & Shannon Drive.
The 45-day limitation period is May 25, 2008.
Planning and Zoning Commission
May 15, 2008
Page 2
Freerks asked for staff comments. Miklo stated that the full staff report was given at the last meeting and
is available online for anyone who is interested in it. The basic information concerning the plat is that it is
51 single family lots, with 2 out-lots for the storm water management system and 2 out-lots to be added to
the existing green space. Miklo stated that at the last meeting there were concerns expressed regarding
increased traffic in the area, specifically on Dublin Drive, which along with the extension of Tipperary and
Shannon Drive, is designed to be a collector street to funnel traffic from Galway Hills and Walden Wood
to Rohret Road and Melrose Avenue. These are collector streets which are considered to be
overburdened when they carry 2,500 or more vehicles per day. City transportation planners project that
the addition of the 51-lots in Galway Hills Part 10 & 11, the existing traffic in Galway Hills itself, traffic in
Walden Woods that will choose to go north, and general traffic in the area will add up to roughly 1,500
trips per day using that street network. This projection was based on traffic counts that were taken in
August 2007. At the last meeting concerns were expressed that this count was taken in mid-August prior
to the start of the school year and thereby failing to include traffic from West High students. As a result,
traffic planners took a new count last week, which found the count to be consistent with that taken in
August 2007, with roughly 600-700 vehicle trips per day on Dublin Drive and roughly 700 vehicles trips
per day on Shannon Drive. An additional count was taken on Sunday to account for the perceived
increased traffic due to church services, and again it was roughly 600 trips per day, slightly less than the
weekday count. It was found that the increased traffic generated by the church on Sunday was off-set by
the decreased general traffic in the neighborhood on that day, a pattern consistent with other
neighborhoods throughout the city. Based on these measurements and projections, the transportation
planners, do not feel that this street will be overburdened. Miklo reiterated that in the event that it
becomes overburdened in the future there are traffic calming techniques that can be applied, and that the
streets have been designed with inherent traffic calming features such as turns which are intended to
discourage through-traffic in the neighborhood. Miklo pointed out that there will be some benefits to the
inter-connected street network for area residents: it will make it easier for the City to provide services to
the area, especially emergency services such as fire and police. The Fire Marshall has confirmed that the
more ways in and out of a neighborhood the better it is for their department, especially in an emergency
situation where one road might be blocked.
Miklo also addressed a question raised in the previous meeting regarding the relationship of the street to
the open space and the Willow Creek trail network which is in a temporary form in that area. If this
subdivision is built out, the Willow Creek Trail in this area will be rebuilt and improved to its permanent
state. Actually moving the road (Shannon Drive) in relation to the open space, as suggested by residents
in a previous meeting, would be difficult as the road has already been built at great expense by the
developer of Walden Hills. There was no immediate benefit to the residents if Walden Hills when that
portion of the road was built. It was built exclusively to provide connectivity to other neighborhoods at a
later date. Redesigning this subdivision to move that road in relationship to the park would be a great
expense and one of questionable value given the traffic projections for the area.
Miklo stated that the plat, as submitted, does meet all zoning requirements, subdivision requirements, is
in conformance with the Comprehensive Plan and what it calls for for this neighborhood, so at this point
staff recommends that the preliminary plat of Galway Hills Parts 10 & 11 be approved. Miklo offered to
answer any questions the Commission might have.
Eastham asked if it was still the position of staff that, as stated in the staff report, in order for bus service
to be extended to that area it needed to be a connected street. Miklo stated that in terms of serving the
west side, the Transit Department would like to create a loop in that area and this street is necessary to
do that; there is not another option.
Weitzel asked if Shannon Drive would be widened at all. Miklo replied that it will be a 31-foot street once
it gets over the culvert, which is standard for a collector street, and it is the same width that Dublin Drive is
built to.
Freerks opened the Public Hearing.
Planning and Zoning Commission
May 15, 2008
Page 3
The developer was invited to comment first, but no one came forward to speak.
Eastham disclosed that he went out to visit the proposed site after the last meeting and that while he was
there he had a conversation with a resident that had been present at the previous meeting. The general
topic of the conversation was regarding the process that the Commission went through in making its
decisions. Eastham wished to state this in the interest of full disclosure.
Carter LeaVesseur, 742 Tipperary Road, stated that he would not like to have the road put in because he
and his friends are kind of small and a lot of times adults driving cars would not be able to see them when
they were there. They do not want to be hit by cars so near their bike path.
Noah Stevens, 2459 Ireland Drive, stated that he agreed with Carter. He bikes to school on the current
path often and feels it would be very likely he would be hit if there was athrough-road there.
Candice Stevens, 2459 Ireland Drive, had a question about the traffic on Melrose Avenue. She stated
that it is difficult already to get out of the neighborhood onto Melrose at certain times of day, and she
wondered if there were any plans to alleviate that problem of getting onto Melrose.
Miklo stated that Melrose Avenue is an arterial street and that transportation planners did look at that.
There are 12,000 trips per day on Melrose, which is not unusual for an arterial street, and is what it was
designed for. The transportation planners did look to see if there was a way to synchronize the lights at
West High and the one closer to the interstate. The difficulty there is that this is an unusual traffic signal
designed specifically to provide better access to West High, and there was not much the transportation
planners believed that they could do in terms of synchronization of the signal. They anticipate that some
of the traffic from this subdivision is going south and will have the option to take Shannon Drive and
Rohret Road. There was not much hope of improving the situation on Melrose.
Freerks asked what type of criteria was usually used to look at replacing a traffic signal. Miklo replied that
it was not actually about replacing the light, but that there would need to be a warrant to have other traffic
lights installed in the area. The traffic counts from Dublin and Galway indicate there are not and probably
never will be enough traffic trips per day to warrant a light at that intersection.
Jay LeaVesseur, 742 Tipperary Road, stated that he would like to take an opportunity for a quick math
exercise. LeaVesseur stated that the Melrose Meadows traffic counts alone were 281 cars per day, there
were 678 cars that were past Melrose Meadows (not Melrose Meadows traffic), with 51 new lots coming
in at 7 trips per day, the numbers are up to about 1,400-1,500, 650 cars coming off of Rohret Road into
the other subdivision, and still no car counts are given to anyone on Hunter's Run and the whole Weber
side of town which has grown dramatically faster than anyone could have anticipated. LeaVesseur stated
that all of those people are going to need to come over to Northwest Junior High, and to take Camp
Cardinal over to the mall area. LeaVesseur stated that Galway Hills will become the shortcut, and that all
of the traffic counts he stated were getting perilously close to 2,500. He encouraged the Commission not
to wait to solve a traffic problem after the fact if they chose to approve the plat. He said it seemed likely
that there is going to be a traffic problem heading into the situation, and that it was best to try to
incorporate solutions to those problems now by making restrictions on the road or putting some traffic
calming measures in at this point in time. Overall, LeaVesseur stated, that he understood that it would be
a great expense to move the road, but that the road is still going through the only green space in the
subdivision. He understood that the road had valid reasons for going through and that it has been in the
Comprehensive Plan for twenty years, but he stated that the demographics are changing, the counts
have changed and that it is not an unimaginable scenario that the traffic counts will be as high as the
residents are fearing. He thinks the math is flirting around those numbers already.
Miklo clarified that the guidelines for a collector street being overburdened is 2,500 vehicle trips per day at
the mid-point of the street. The traffic from the elderly housing project was not taken into account
because that traffic is not likely to go in that direction, at least not much of it.
Planning and Zoning Commission
May 15, 2008
Page 4
Nancy LeaVesseur, 742 Tipperary Road, stated that she had a problem with the way the new traffic count
was done and felt that it was a bit dishonest not to put the traffic counters so that they included traffic from
the retirement community. She believes the counters were not put in the right spot and that as a result
the traffic counts are off. She fears that their community will become "Gateway Hills" rather than Galway
Hills, and that the Commission is underestimating the amount of traffic that will be coming through the
neighborhood and that having a park with a street through it is dangerous. She said that she understood
the desire to make it a through street to provide city services, but she does not believe that the benefits
will be for the Galway Hills neighborhood as there are already two exists in their neighborhood. What she
believes is actually the case is that the focus is getting the services over to the over-populated area near
Weber which currently does not have a fire department or another way out of their area. She would have
felt better about the project if another exist onto Melrose or Mormon Trek had been created for the people
in the Weber neighborhood, so that cutting through Galway Hills was not such an attractive option.
LeaVesseur said that while she understands that this was the deal that was made fifteen or twenty years
ago, the plan no longer makes sense, and it is the residents of Galway Hills who will be stuck with it. She
feels it funnels too much traffic through their subdivision, will be dangerous, and will lower their property
values, and she believes that no one at the meeting would appreciate the same things happening to their
subdivision. She asked the Commissioners to really think about what they would be doing.
Charlotte Bailey, 6 Kearney Court, stated that none of the Galway Hills residents were trying to be
alarmist, and that they all know roads are important and that the more roads connected in different
directions means the more options traffic has to flow. She stated that she believed that the people living
south of Galway Hills who do not have another way to get their children to Northwest Junior High, the
mall, or to West High are really the issue. The traffic coming in and out of Melrose Meadows still creates
traffic at the Melrose intersection and contributes to back-ups, even if they do not drive deep into the
subdivision. Changing the math on the number of trips the new residents will generate does not really
change the issue or the problem for Galway Hills residents. The other issue she wished to address was
not just the volume of traffic, but also the speed of traffic. She wondered if the data that was collected on
the most recent count included speed information. Bailey believes that if there is a combination of volume
of traffic and speed of traffic then this should be taken into consideration. She believes that speeds
increase in the straightaway portions of road nearest the path that was put in for kids living in Galway to
walk to West High, and that this presents a danger. Another questions she posed regarding the traffic
counter placement as it relates to the issue of speed, was that if you came up with speed data, would the
data be collected to show only average speeds. This was significant, Bailey said, because turning traffic
of those living in Galway Hills would obviously reflect lower rates of speed than through traffic that would
be using Galway Hills as a thoroughfare. She would encourage the Commission to take this fact into
consideration if they were given speed information. She reiterated a statement she made at the meeting
a few weeks ago, saying that the residents there wanted to be part of a positive process, and that if most
of the key decisions that can be made about a plan are made prior to a plat being presented to the
Planning and Zoning Commission, then this is a hard place to be heard for the first time. She encouraged
the Commission to look at the process, because it is hard to come and try to be heard when the majority
of key decisions have already been made.
Freerks asked if there were any other speakers who would like to address the Commission on this topic.
None came forward.
Miklo stated that there is a similar connection proposed for west of Highway 218 in the Country Club
Estates subdivision which would provide a circuitous connection between Rohret Road and Melrose
Avenue. When that development occurs, Miklo stated, the Commission will have a similar question
before them.
Freerks asked what the timeline on that project would be. Miklo did not feel comfortable giving an actual
timeframe as that would be determined by the developer.
Miklo also pointed out that there were several residents from Galway Hills present during the Southwest
Planning and Zoning Commission
May 15, 2008
Page 5
District planning, and that discussion of this connection did come out at that time. Freerks asked when
this took place. Miklo believes it was 2002.
Nancy LeaVesseur, 742 Tipperary Road, pointed out that in 2002 Camp Cardinal Road was not open yet,
and that it's opening changes everything. LeaVesseur did not believe the issue with Country Club
Estates would be comparable to the Galway Hills situation, as a connected street there would be used by
those in the subdivision, not by several other subdivisions trying to get out. LeaVesseur stated that
Galway Hills in comparison with other subdivisions in the area is tiny. She also stated that the person
who came to talk to the Commission in 2002 would have been the developer, not the residents who
actually live there, and the population over by Weber was not as large at the time. LeaVesseur said that
it might have been a different story if they had connected the other street first, from a subdivision to a
major road, but that what is being done in this project is taking a cluster of subdivisions and making a
gateway road for them through one very small subdivision. LeaVesseur added that the Melrose
Meadows counts are really very important as they would reflect the difficulty of trying to get out of the
subdivision in the morning. She reiterated that because Melrose Avenue is so overburdened, all of the
increased traffic in the Galway Hills area would cause traffic in the mornings to become stuck and
backed-up. She believes the Commission would be making a big mistake to approve the plan.
Freerks invited the public to comment further. No one came forward. The public hearing was closed.
Eastham motioned to approve SUB-06-00003, an application submitted by Dav-Ed Limited for a
preliminary plat of Galway Hills Parts 10 & 11, a 51-lot, 21.75 acre residential subdivision located at
Dublin Drive and Shannon Drive.
Plahutnik seconded.
Freerks invited discussion from the Commission
Brooks stated his agreement with many of the concerns the residents expressed about the traffic, and as
a result, he was not sure that he was ready to support the plat. He stated that he knew it conformed to
the master plan, the concept that was developed in 2002, but he agrees that making this the only
connection to Melrose from the west side of Highway 218 will increase traffic in the area. He does not
believe that the curves in the plan are enough of a deterrent to discourage using the new connection as a
cut-through. He stated that he has real problems with the way the area has been developed and what
appears to be the lack of street planning to get the traffic moving through neighborhoods to the
destinations they seek. He stated that he was not sure what the answer was to this, but that he was not
sure he was going to support the plat.
Eastham stated that in considering this application he began where he always begins and that is with the
Comprehensive Plan. It is clear that the Comprehensive Plan supports a connector street between
Rohret Road and Melrose at this approximate location. Eastham visited the area both to look at the
potential traffic and utilization issues, as well as the parkland issue. He believes it is a relatively adequate
amount of parkland for the subdivision. The only major issue he saw to resolve was the connection
between Rohret and Melrose. In considering the matter, he asked himself what was different about this
situation and others in the community where two major arterials needed to be connected through existing
subdivisions. He was unable to convince himself that this was an unusual or unique situation. He
believes there is an adequate alternative for traffic flowing west and north by taking Mormon Trek
Boulevard to Melrose Avenue, and believes that most people will continue to take that route. Eastham
believes that the route and the traffic calming designs will discourage cut-through traffic, and that it will
not present an attractive alternative to Mormon Trek. Eastham feels a great obligation to heed the Fire
Marshall's statement that connector streets are very important for public safety overall, whether or not
they are utilized in a particular instance; it is simply wise policy in the community to encourage connector
streets. The bus service is of concern to Eastham due to the concentration of people, especially the
substantial numbers of senior citizens and people with disabilities, and families of lower income in the
Planning and Zoning Commission
May 15, 2008
Page 6
area. Extending bus service to the area will ensure some transportation is available to those families and
individuals. For all of these reasons, Eastham stated that he is reasonably comfortable with supporting
this application. In the future, Eastham stated, it may be a good idea for neighborhood associations in the
area to get together and promote bus usage to alleviate some of the traffic. Eastham said that if traffic
speed becomes a problem it can be handled with the installation of traffic calming devices in the future.
Eastham said that his family has lived on two major streets and has some experience with traffic, and the
family did adapt to the busy traffic. He stated his intention to support the plan.
Plahutnik stated that part of sitting on the Commission and voting is making sure that they have not made
a snap decision, but that they have thought through their decisions. Plahutnik stated that he is on-record
as being anti-sprawl and pretty much anti-development. If within the confines of the Comprehensive Plan
he could deny any of this, he would. Plahutnik added that that statement goes back as far as the rest of
Galway Hills, Hunter's Run, and all of the rest of the sprawl that has spread out from Iowa City. This,
however, is not the role of the Planning and Zoning Commission. Plahutnik stated that from what he
heard, it sounded as though the Commission or staff designed this subdivision. Plahutnik stated that this
land belongs to somebody else who has property rights over the land. The developer has designed the
subdivision in a process with staff being there to make sure that at every step the developer is complying
with the rules that have been set down. That, said Plahutnik, is staff's job. Plahutnik stated that to the
extent that staff can nudge a developer in a direction that is more beneficial to the community, he believes
that we have a pretty enlightened staff which does that. Plahutnik believes that the role of the Planning
and Zoning Commission is being misunderstood. The Commission is there to ensure that development is
fulfilling the letter of the law. In this instance, the developer has worked well within the recommendations
of staff, Plahutnik said. The main concern brought forward by the residents seems to be traffic. The bulk
of traffic in the area, according to Plahutnik, will continue to be that of residents. Plahutnik put forth the
question for consideration of whether or not residents of a community will drive responsibly within that
community. He believes that speed issues have been addressed pretty well by the street design and that
if it turns out they are not adequately addressed, they can be resolved in relatively short order. Plahutnik
wished to make the point that this is really no longer a subdivision; it is a part of Iowa City. He states that
he lives right on Gilbert Street and that the traffic does not present an irresolvable issue for his family; that
it has worked across America in hundreds of communities since the post-War years when traffic began
steadily increasing. It is time some city services were provided to the area, as the city is filling in.
Plahutnik said that as in-fill happens, the areas left as isolated subdivisions will soon be few. For these
reasons, and for the reasons Eastham articulated -fire and police coverage, bus service-Plahutnik
supports this application, and commends the developer for working within the framework and working
with the City so well. Plahutnik stated that the stubbing for all of these properties and the fact that the
road was to be filled in has been there for all to see for quite some time, and should not be a surprise.
Koppes stated that she will support the plat. She has some concerns about traffic, but feels that she must
go with what the traffic planners have been reporting, which is that there will not be a traffic problem. If
traffic becomes a problem, she believes it should go right back to the City immediately. Concerning the
park, Koppes suggested the idea of a community garden space for the neighborhood. The bus routes will
not present a traffic problem, according to Koppes' experiences, and will provide benefit to the
neighborhood. Koppes pointed out that every neighborhood has some traffic concerns, but that part of
filling in the city is connecting such streets.
Weitzel agreed that traffic was a pervasive problem in the community, and is everybody's problem.
Weitzel does not believe that traffic is a reason to stop this project. He does not see how we could take
one section of the community and say that it does not have to have roads through it, but everyone else
does. The positive sides of the street connection are in providing fire safety and police security. Weitzel
stated that he would like to see a wetland and a prairie there instead of a subdivision, but that that is just
not going to happen. Weitzel said that the subject had to be viewed fairly and from the vantage point that
an allowance for some sort of growth must be made. Weitzel stated that this was not a new plan; the
subdivision has been growing for some time. He stated that the street design and topography allowed for
some natural traffic controls and that in the event that traffic became a problem in the future, traffic-
Planning and Zoning Commission
May 15, 2008
Page 7
calming measures could be implemented. Weitzel encouraged those present to think in terms of wild
optimism and toward the future when perhaps cars were not needed, or were much smaller, or everyone
rode the bus. He stated that there are a lot of reasons why this plan has met the necessary criteria,
although he can see why the residents are upset about it. Weitzel recounted that he lived in a
subdivision that had a neighboring subdivision come in and to which current residents were opposed. He
said that though many were upset about the idea of it, no one really talked about it anymore. He
acknowledged that change in your neighborhood is a difficult thing, and that traffic is a back and forth
thing that everyone in the community lives with. He stated his support for the project.
Freerks agreed with many of the comments presented and said that she did not know what she could add
that would be much different. She stated that the plat was in agreement with the Concept Plan that was
developed long ago and the Comprehensive Plan. Freerks said that there were opportunities to get
involved at earlier stages, and that people need to make themselves aware of the plans for their area and
realize that streets will be connected eventually. Freerks believed that the curves will help with traffic
calming and that speed is an issue all over the community. She urges residents to address the problem
immediately if they do experience speed issues in the future. She stated that it would be negligent in their
duties as the Planning and Zoning Commission to not allow for this connection of streets. Freerks stated
that she lives on a secondary arterial and has a four year old and a nine year old who have learned to
respect the cars. Part of living in Iowa City is everyone sharing the roads. Freerks stated that while she
knew residents would not be happy with this decision, the connection is part of the bigger plan. She
thanked residents for their input and advised them that they could contact the City Council with further
concerns.
The motion was voted on and passed 5-1 (Brooks voting no).
SU608-00006: Discussion of an application submitted By Dav-Ed Limited for a final plat of Galway Hills
Parts 10 & 11, a 51-lot, 21.75 acre residential subdivision located at Dublin & Shannon Drive.
Miklo stated that the final plat is in two parts, Part 10 which includes Dublin Drive, Tipperary Road and
Shannon Drive, and Part 11 which includes Limerick Lane, and would complete the subdivision. The plat
as submitted is in compliance with the subdivision regulations and zoning code. Staff will be reviewing
the construction drawings and legal papers related to the project, and recommends approval subject to
approval of those documents prior to City Council consideration.
Freerks asked if the Commission had questions for staff. Eastham asked if the developer was obligated
to complete Part 10 of the plat first, so that the street connection was one of the first things done on the
project. Miklo stated that this was correct. There were no other questions for staff.
A public hearing was opened on the issue.
Nancy LeaVesseur, 742 Tipperary Road, wished to point out that the 92 year old man who began
developing this piece of property was very much opposed to this street connection; he wanted to cap the
street off and loop through the development. LeaVesseur felt that this version of the plan was forced onto
him, and was not consistent with his original vision for the development. She stated that she had lost a
lot of respect for the process.
There were no further comments from the public.
The public hearing was closed.
Eastham motioned to approve the application submitted by Jeff Hendrickson for a final plat of Galway
Hills Parts 10 & 11, a 51-lot, 21.75 acre residential subdivision located at Dublin Drive & Shannon Drive.
Planning and Zoning Commission
May 15, 2008
Page 8
Koppes seconded the motion.
Freerks invited discussion from Commission members.
Eastham wished to point out that it often happens that a developer may have had a different street
pattern in mind then that in the Comprehensive Plan, and sometimes the Comprehensive Plan has to
prevail
Brooks made clear that he would vote in favor of the final plat because the preliminary plat had already
been approved, but that he still holds the same concerns and disagreements. He acknowledged that the
developer had done what was required of him, but feels concern that alt of the traffic west of Highway 218
still has no other convenient connection between major destination points.
Freerks stated that the final plat is consistent with the preliminary plat and she would be voting to
approve.
The motion carried in a 6-0 vote.
SUB08-00002: Discussion of an application submitted by Jeff Hendrickson for a preliminary plat of
Hendrickson Lytham Condominiums, a 2-lot, 9.48 acre residential subdivision located south of Melrose
Avenue as an extension of Olive Court, Learner Court, and Marietta Avenue. The 45-day limitation period
is May 22, 2008.
Miklo stated that the Commission voted on the planned development for this project at a previous
meeting, but that the subdivision had been mistakenly left off of the agenda. The subdivision basically
creates two lots, Lot 1 & Lot 2. It also creates the Leamer Court loop and extends Marietta Avenue.
Miklo said that the subdivision is in order for approval and staff is recommending approval at this time.
There were no questions or staff.
The public hearing was opened and closed with no comments.
Brooks motioned to approve an application submitted by Jeff Hendrickson for a preliminary plat of
Hendrickson Lytham Condominiums, a 2-lot, 9.48 acre residential subdivision located south of Melrose
Avenue as an extension of Olive Court, Leamer Court, and Marietta Avenue.
Eastham seconded.
Freerks invited Commission discussion. Eastham thanked Brooks for pointing out the error in the
subdivision having been left off the agenda at the previous meeting.
The motion carried 6-0.
CONDITIONAL USE ITEM:
0008-00001: Discussion of an application submitted by Agudas Achim Congregation to establish a
cemetery on 4.12 acres of property located south of Linder Road, west of Prairie du Chien Road.
Miklo stated that this property is just beyond the city limits, north of Interstate-80, west of Prairie du Chien
Road. It is in the Iowa City/Johnson County fringe area, and county zoning code provides for City
comment on any conditional use permit within our fringe area. If the City objected for some reason, then
it would take asuper-majority of the County Board of Adjustment in order to approve the item. The plan
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May 15, 2008
Page 9
would expand the existing cemetery to the east and south. It would include a new interior roadway and
seven parking spaces. This property was rezoned last year with the anticipation of this plan. Linder
Road is a fairly narrow road that does not provide for off-street parking, so the addition of the interior road
would be seen as an improvement to the existing situation. The property is heavily wooded. The County
does have their own Sensitive-Areas Ordinance which they would apply to this development. Staff
recommends approval at this time.
Freerks asked if there were any questions for staff
Eastham asked if this area was likely to be annexed by the City at some point. Miklo responded that it
does fall within the City's growth area. Eastham asked if the City's parking requirements would be met by
this plan. Miklo said that he did not believe the City had parking requirements spelled out in the code for
cemeteries. He said that the roadway's width of 18-feet should allow for a car to pull off to the side of the
road informally and let another vehicle pass.
Freerks inquired about whether or not there were restrictions on the quality of road to be put in. Miklo
was not sure what the County standards would be. Freerks asked if there was signage on the property
informing nearby residents of the Conditional Use application. Miklo said that the County had posted
signs, but that the City had not.
The public hearing was opened. No one wished to speak to the issue and the hearing was closed.
Koppes motioned to approve an application submitted by Agudas Achim Congregation to establish a
cemetery on 4.12 acres of property located south of Linder Road, west of Prairie du Chien Road.
Weitzel seconded the motion
The motion passed 6-0.
DISCUSSION OF AMENDMENTS TO TITLE 15, LAND SUBDIVISIONS: Consideration of amendments
to regulations pertaining to the subdivision and development of land.
Freerks noted that the matrix prepared by staff outlining the proposed changes to regulations and staff
recommendations for each of them was gone through by the Commission in their informal work session
on Monday, May 12, 2008.
Howard asked if the Commission had more questions for staff, or if the Commission wished to go ahead
and go through those items on the matrix in which the Commission was interested in recommending a
change.
Freerks stated that the Commission would proceed by opening the public hearing and allowing for
comments and then close public hearing, entertain a motion, and from there bring up any amendments
they wished to discuss.
Miklo pointed out that Ron Knoche, City Engineer, was at the meeting and available for comments and
questions.
The public hearing was opened.
Dan Smith, 905 Wylde Greed Road, stated that he was present on behalf of the Homebuilders'
Association and the Land Development Council. He stated that some while some of their concerns had
been alleviated, others remained, and in the interest of time he would focus on those. One issue he
wished to bring up was the notion of what is a "complete" application. The issue, Smith stated, really
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May 15, 2008
Page 10
revolved around what it takes for an application to be deemed complete.
Freerks asked for clarification on which exact proposed amendment he was referring to, so that the
Commission was able to follow along.
Smith stated that in the interest of making things as easy as possible, he would refer to the matrix. He
was referring primarily to numbers 5, 6, and 7 on page four, all of which speak to having a complete
application. There is no provision in the code that talks about what a complete application is. The hope
and goal is that clarification will enhance the Homebuilders' and Land Development Council's ability to
submit a complete application the first time, thereby speeding up the process for all.
The second thing Smith wished to address was on page 24 of the actual subdivision document. In this
section, the code requires amid-block pedestrian connection in a development "unless that connection is
deemed to be unnecessary by the City, and can be waived...." He requests that the City highlight a few
of the circumstances that contribute to the connection being waived, and flesh out the details of this
clause.
Smith stated that he would be happy to answer any questions the Commission might have, and noted
that they were working on a revised document addressing these issues more fully.
Eastham noted that currently a preliminary plat does not reach the Planning and Zoning Commission until
it is complete and has no more than six technical deficiencies. Eastham asked Smith if at some point the
Homebuilders' Association and the Land Development Council intended to suggest specific language
either within the existing subdivision code or some additional language. Smith replied that what they had
requested was a one mandatory staff review. He said that while they did not wish to burden the
Commission's agenda with horribly inaccurate applications, their recommendation was that if there is
something that they are not doing in the code or in other ruling legislative language, the City should be
able to point to that and say exactly wherein the deficiency and noncompliance lies. That is why they
made the recommendation of one mandatory staff review, which they understand may not be feasible, but
may get the ball rolling. Citing the code provision would make the deficiencies clear to all parties.
Howard recalled a conversation from the Monday work session in which the issue of defining a technical
deficiency was raised by a Commission member. Staff's hesitation in doing so, she stated was that it is
such a broad term and there are so many different types of standards involved. If it would help the
process or make it more clear for the development community, Howard said, staff could probably add a
broad definition of what deficiency is, saying, "including, but not limited to... " She wished to make it
clear that these are not discretionary design issues that are being talked about, but technical construction
specifications and legal issues such as zoning standards and engineering standards that you must
comply with in order to meet the code. This is in contrast to idea of where the streets should go and
designing the lot layout, which are policy issues and the kind of questions where staff and a developer
might disagree, but are not the kinds of deficiencies being addressed here.
Miklo said that the deficiencies staff was speaking of are missing or incorrect measurements, easements,
noncompliance with zoning requirements. At this point, Miklo said, staff did not have language for the
Commission defining these circumstances, but that before the Council, staff could develop a sort of
descriptive list of issues typically found as deficiencies on a plat. In this case, the amendment would be
to insert language to define deficiency as one or more of these types of things.
Plahutnik asked if somewhere there was a document that stated what a plat consists of. Miklo confirmed
that this is found in the subdivision regulations themselves, the engineering standards, and the zoning
standards. Plahutnik replied that there are documents that could be easily cited. Howard noted that as
most subdivisions in Iowa City go through one firm, she believes that firm knows fairly well what the City's
construction standards are. These are complicated documents, Howard said, and it is typical for
technical mistakes to be made when the applicant's consultant is in a hurry to submit the application. The
City Engineer's OfFce goes through these documents in detail and highlights discrepancies or omissions.
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May 15, 2008
Page 11
Howard asked Ron Knoche to address the detailed process the engineers take in reviewing the
documents. City Engineers, Howard said review every mark on the plat and then send it back to the
developer's engineering firm, who then makes revisions and returns it to the City Engineer who once
again reviews every mark on the plat. If there are major changes or deficiencies from the time of the
original submission, it is going to take awhile to resolve. Those are the kinds of technical things we are
talking about.
Greenwood-Hektoen added that even some non-technical deficiencies, such as labeling something as an
easement where there was none, is an example of an issue that must be cleared up prior to proceeding.
Things such as this are hard to define.
Knoche stated that the process City Engineers go through in reviewing the applications is basically the
same process the contracting engineer goes through in designing the development. They review each
calculation, checking the math, making sure the dimensions are correct, the call-outs for specifications
are correct, and any other unique situations that might come up in a given subdivision. Knoche stated
that it was not a matter of going through the documents in an hour or two; rather it was a multiple day's
process. He maintained that to have to go through and cite each provision as to why something does not
comply with standards and regulations would actually slow the process down, not speed it up, nor would it
help the consultant design things better.
Koppes asked if Engineering was the department that evaluated whether the fire codes were satisfied.
Miklo replied that it was the Fire Marshall who did this. He said that there are several departments that
review the application, including: Fire Marshall, Engineering, Water, Housing & Inspections Department
Planning Staff, Parks and Recreation. Howard stated that the application comes through planning and is
sent out from there to the various departments to be reviewed. At their joint staff meetings where
everybody is there from the different departments to discuss it. In a separate meeting, the City Engineers
generally meet face to face with the consulting engineers to discuss the plat.
Freerks asked if it was one engineer working on a specific plat, or was it more of a group effort. Knoche
replied that typically the engineer that starts amulti-phase subdivision stays with that subdivision all the
way through to provide continuity for the developer and the City.
Koppes asked if the engineers have a list of things they look for. Knoche replied that the review of the
final plat is based on what is in the code.
Eastham asked for clarification of this answer. Knoche said that for preliminary and final plat reviews they
make sure that the items called out in the subdivision code are met. The construction specifications and
design standards are what are then used for the technical side of the review.
Eastham asked if the parts of the code to which Knoche referred were all in 15-2-2-B. Knoche said the
construction standards are not.
Howard asked Knoche to address how consistent those construction standards are across jurisdiction.
Knoche said that the current standards being used was a joint process developed between Iowa City,
North Liberty and Coralville, and so engineering standards are generally consistent amongst the
communities and not unique to Iowa City.
There is also a statewide construction standards document to which Iowa City contributes, and which
Coralville, Iowa City, and North Liberty eventually hope to adopt.
Howard said she pointed this because having consistent standards across jurisdictions makes it easier for
any engineering firm within these jurisdictions to comply consistently.
Brooks asked for clarification that staff would be willing or is currently working on some additional
language to clarify or define technical difficulties so that there isn't that potential policy-type issue.
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May 15, 2008
Page 12
Howard said that she believed that they could come up with some type of broad definition which said,
"included but not limited to ..." Brooks noted that there was something similar to that in the explanatory
notes on the matrix staff had provided. He believes that when it comes to a deficiency that is based
solely on technical standards, it should be straight-forward. Brooks said the Commission should not be
dealing with technical deficiency, that that is what the City's experts in their various fields are for.
Eastham asked if staff was at this point going to come up with some additional language defining
technical deficiency. Freerks believed that this type of specific question should be held for the
Commission discussion phase, and not in the public hearing.
Freerks asked if Smith had anything further to say prior to the public hearing being closed. Smith stated
that 15-2-2-B provides pretty good objective measures. Smith said what they've asked is that comments
be returned within 20 days regardless of department, so that there is consistency which would allow
developers to plan out the process with some degree of certainty. Smith added that 15-2-2-B provides
pretty good objective measures.
Eastham asked for clarification on the 45-day limitation period as it pertains to the 20-day proposal Smith
had made. Miklo stated that the 45-day limitation period is a state law. He added that in order to get an
application on the Planning and Zoning Commission's agenda, they must have the comments back well
within the twenty days, usually within two weeks all initial comments are back. Howard added that this
was the initial set of comments. If the developer then makes revisions to the plat, then it must be
reviewed again. Miklo said that they do try to accommodate developers; if deficiencies are minor then
they work with the contracted engineer to try to get them resolved so it can get on the Commission's
agenda as soon as possible. If the deficiencies are significant or there is a long list of them, then that is
not possible. Those delays, Miklo said, are the fault of the consulting engineer who submitted an
application with multiple mistakes.
Weitzel asked Smith if he was actually seeing problems with long delays, or if this was a preventative
measure. Smith said that it was both. Smith stated that the concern was not so much the time in which
the application was before the Planning and Zoning Commission as there is a built-in statutory time limit,
but the timeframe in getting the application to that point. Smith said that he had been told anecdotally
that comments from one city department may come in immediately, whereas another department's may
come in much later. Smith said there was no deadline that they were aware of prior to the application
being placed before the Commission. He acknowledged that there may be an internal schedule, but that
it is unknown to the developers.
Freerks asked if the 20-day limit was intended to be from the day an application was sent in. Smith said
yes. Miklo clarified that comments trickle in because if Planning gets comments early, they go ahead and
forward them to the consulting engineers. Smith said that the Homebuilders' Association and Land
Development Council were trying to get their members to take advantage of the City's pre-preliminary plat
meetings where all parties are at the table. Encouraging this is their way of trying to streamline the
process as they are asking the City to do in implementing a 20-day policy.
Greenwood-Hektoen pointed out that the time period being discussed was the time period in which an
application had not yet been deemed complete. At that point, she said, the burden is still on the
developer to submit a complete application. It should not be up to the City to point out various technical
deficiencies that the consulting engineer should have been aware of prior to submission. This is why the
deadline is set at the point at which a complete application is submitted rather than any application at all.
Smith said they were not asking for the 45-day clock to begin running an earlier; they are just asking to
consistently get the comments in a timely fashion; the 20-day number is negotiable.
Howard said that the Planning Department's hope was that when the application is submitted it is
complete and accurate. When that is the case, it should not take very long for the various departments to
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May 15, 2008
Page 13
review it, and it will go directly to the Planning and Zoning Commission. On the other hand, Howard said,
if developers are using City staff as quality control, then it takes longer. She believes that this is where
the dispute comes in.
Koppes asked how often an application was submitted that was so complete and accurate that it went
right through to the Commission. Miklo said that an example would be the Galway Hills final plat which
had very few technical deficiencies. He said that this was an "above-average" example.
Plahutnik stated that the Commission does not see applications that are not complete; staff does. He
said that while Smith had heard anecdotal evidence of City delays, Plahutnik imagined that anecdotal
evidence could be gathered in the other direction in which applications ranged from the equivalent of
something drawn on a napkin to a complete, amazingly accurate technical drawing. Plahutnik said that
what Smith was saying was that the drawing on the napkin and the nearly complete application both
would need to get comments back within 20 days. Plahutnik said that not taking into account the lower
end of that scenario was making an unreasonable demand on staff. Smith replied that in taking the worst
case scenario things always sound extreme.
Eastham asked how such an ordinance could be enforced. What would happen if the City departments
did not return their comments within 20 days? He understands what happens when a complete
application is submitted: the Planning and Zoning Commission votes on it and it goes straight to Council.
The Council could adopt a policy that asks staff to return comments within s certain amount of time, but
he does not see how this could be made into an ordinance.
Howard said that there are some larger cities that upon receiving an application that has a number of
deficiencies it is rejected out of hand with no comments from staff and returned to the developer for
completion. Howard said that they do not like to do that; they like to work with developers to try to work
things out and get it to the Commission as quickly as possible. She said that it would not be to the benefit
of the developers to have these very precise and exact procedures laid out in the subdivision code.
Freerks said that all could agree that it is a complex process and that everyone wants to make sure it is
done fairly and accurately.
Eastham said it would be helpful if there was some sort of data or list showing the number of applications
that were affected in this way.
Miklo said that a study was done a few years ago to answer this question, as it is one that has been
ongoing. It turned out that typically it was four to five weeks between the time the application was
submitted and the time the Commission was voting on it. Miklo said there are outliers that take longer
because of complicated issues facing the project. An example is Whispering Meadows Development that
was approved last year and had a wetland and various other sensitive features. The plans that were
originally submitted would have resulted in a subdivision that did not drain properly and would have had
effects on neighboring properties. It took a year to work through those issues because of the wetland and
other topographical features and the need to get approval from the Army Corp of Engineers. So there are
some projects out there that take extended periods of time, however, Miklo said that for those projects the
finger must be pointed at the consulting engineer who designed it.
Knoche stated that one item called for in a complete application is that construction plans are according
to the specifications of a City Engineer. Basically that means that there are no more "red lines" on any of
the documents, all problems identified by the engineer have been resolved. Current practice is to go
through the entire document and point out every deficiency before returning it to the consulting engineer
so that they have the opportunity to fix things. According to the language, Knoche stated, once the City
Engineer comes across one deficiency they are within bounds to stop and send the document back to the
consulting engineer, saying that they will not look at it further until all errors are corrected. Knoche thinks
there is a lot of give and take in working with the development community in that the engineers do a full
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May 15, 2008
Page 14
review of the plans, not stopping after one error and sending it back to them. Knoche said that if the
development community wants to seta 20-day limit, then it needs to start when a final set of construction
documents that are perfect are submitted. However, it will take a much longer time to get to that point if
those sorts of limitations are set. He believes his department has a good working relationship with the
development community, and wants to see it remain flexible and reasonable. Knoche also noted that due
to the slow market, turn-around time is much quicker than it was four or five years ago. He thinks the
process works very well although he acknowledges that there are anomalies out there.
Freerks asked for further comments. None were forthcoming.
The public hearing was closed.
There was some discussion regarding the best way to proceed with motions and recommendations for
changes to the subdivision.
Koppes made a motion to approve amendments to Title 15, Land Subdivisions, as recommended by staff
in the matrix "Proposed Amendments to the Staff Recommended Draft of the Subdivision Code," in #5
adding the word "technical" to language concerning deficiencies.
Miklo interjected that staff did not in fact recommend adding the word "technical" to deficiencies.
Koppes withdrew the motion.
Koppes motioned to approve Title 15, Land Subdivisions, including the amendments from the matrix
dated April 25, 2008, for items #8, #10, #11, #21, and the first paragraph of #27.
Weitzel seconded the motion.
Freerks opened the topic for Commission discussion.
Koppes stated that she would like to amend #5 to include the word "technical" to deficiency. Freerks
asked if she could spell that out and make a motion to do so. She believed an amendment to the motion
may be necessary. Greenwood-Hektoen pointed out that the current motion did not include #5, and that
after the current motion was voted on, #5 could be addressed.
Freerks restated that there was a motion and a second and that the Commission was currently in
discussion to approve 15, Land Subdivisions, including the amendments from the matrix dated April 25,
2008, for items #8, #10, #11, #21, and the first paragraph of #27.
Eastham required further clarification, asking if voting in favor of this motion to approve the recommended
subdivision code with the additions outlined in the various sections of the matrix would preclude the
Commission form offering further amendments to change the subdivision code. Greeenwood-Hektoen
stated that it was her understanding that further amendments could be permitted.
Howard and Freerks asked Greenwood-Hektoen what the best procedure for voting would be for when
the changes go to Council, so that they would not have to go through a whole list of amendments one by
one.
Miklo stated that what Council will receive is a draft that includes any amendments the Planning and
Zoning Commission has approved.
Plahutnik, Freerks, and Eastham thanked the Homebuilders Association, staff, and other members of the
public for their input on the issue.
Planning and Zoning Commission
May 15, 2008
Page 15
A vote was taken and the motion carried 6-0
Freerks asked of there were further amendments to discuss.
Koppes motioned to add the word "technical" in front of deficiency in item #5 and add a definition of some
sort.
Eastham seconded
Freerks opened for Commission discussion. She asked if it was clear to staff what was being asked of
them in this motion. Brooks said that rather than having to list every single violation, having a clear
understanding of the word technical deficiencies would be more effective. He pointed out that there was
somewhat of a definition of it already in the explanatory notes of #7.
Miklo stated that staff recommendation would be to skip the word "technical," but to define deficiencies.
Koppes said that as she understood it there were two kinds of deficiencies, design deficiency and
technical deficiency. Miklo stated that design was a policy issue, not a deficiency. Greenwood-Hektoen
pointed out that there are deficiencies other than technical, for example, legal deficiencies, or things
required by the fire department that are not fulfilled. Brooks stated that those would be technical
deficiencies because they are things that can be specifically tied back to the code or the law; they are not
opinion or design issues. Freerks contended that the scope of what could be considered a deficiency
makes it difficult to define. Brooks said that he just wants to make sure everyone is comfortable with what
a technical deficiency is defined as. Miklo said that staffs goal is to draft a definition that excludes things
like street curve notes, etc. Brooks said that if we cannot define it we cannot expect anyone to live by it.
Plahutnik stated that when engineering makes a red line on a plat, it is clear what the deficiency is. He
asked if when others are looking at the code -fire, water, housing inspections-is it also as
straightforward what the deficiencies are. Plahutnik said that it seems as if this referring back to the
original codes is already done. Koppes said that having a definition could only help to clarify things; she
did not expect and exhaustive or comprehensive list as things change and you never know what's
coming. Koppes asked for clarification on why staff did not wish to have "technical" in the definition.
Howard replied that it opened things up for an argument on what is and is not "technical." Howard asked
if it would help if they had a list of types of items that would be considered deficient which stated "included
but not limited to these types of things" and similar things, but not including the word "technical." Koppes
said that that would be fine and that she would modify her motion.
Koppes modified her motion to create a definition of deficiencies that would include but not be limited to
an illustrative list.
Brooks asked what the distinction was between a deficiency and a discrepancy. Howard stated that a
deficiency is something that is missing, whereas a discrepancy is something that is inaccurate.
Eastham stated that he continues to be bothered by the way the code is written right now whereby the
staff can prevent the forwarding of an application to the Commission because in their view it contains too
many deficiencies. In his view, he's not quite so sure that that's a good way to construct the process. It
appears to give the applicant very little recourse to move an application from a discussion about how
many deficiencies it has to being reviewed by the Commission. Koppes stated that she agreed but that
this was not part of the motion on the table. Furthermore, Koppes pointed out, it was the Commission
who stated that they did not wish to see applications with so many deficiencies anymore. Eastham stated
that he thoroughly agreed that a plat should not have more than a few deficiencies before coming to the
Commission. The questions, Eastham said, is what if there is a big disagreement within staff about the
deficiency and they prevent the application from moving forward. Brooks said that he wasn't sure the
Commission should be the arbiter of what is a deficiency. To him, that is set by the City Manager and
approved by the Council. Those are the things that are deficient. If a developer feels they are being
unduly harassed, Brooks said, he believes there is recourse for them besides the Commission. Howard
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May 15, 2008
Page 16
stated that the recourse would be through the Board of Adjustment. Howard could not recall any
instances in which the engineers disagreed about a technical construction standard, but that if there was
an actual disagreement about an interpretation of existing code language, the arbiter of that is the Board
of Adjustment. Howard said that she did not think the disagreements that occur between staff and
developers are over these types of deficiencies. The disagreements are over policy-type questions.
Eastham stated that this answered his concerns; the applicant has some recourse. Plahutnik stated that
15-2-2 pretty clearly says what complete is and then lists, and so it is not really question of staff being in a
position to hold an application up. As soon as the list is met, it is complete by definition. Freerks stated
that she did not believe staff tries to hold things up. Eastham clarified that that was not what he was
saying; his concern was giving proper recourse.
There was no further discussion on the motion. Weitzel requested that the motion be restated before
being voted on.
Freerks restated the motion as: a definition of deficiency including and not limited to a list that staff will
come up with before this goes on to City Council.
The motion was carried in a 5-1 vote (Plahutnik voting no).
The Commission discussed changing wording in item #17 of the matrix. Miklo said that staff recommends
changing the language from "adjacent property owner" to say "designated property owner or
homeowner's association." Howard suggested the following language: "property owners or homeowner's
association as designated in the sub-divider's agreement."
Weitzel moved to amend item #17 to the language just stated.
Koppes seconded.
There was no discussion.
The motion carried 6-0
Weitzel wished to discuss item #24, per discussions at the informal meeting. Miklo stated that the
discussions at the informal had resulted in tabling this particular item until further discussions with Parks
and Recreation could be had. Howard stated that this particular item is in existing zoning and subdivision
code so changes to the existing language are not recommended at this time. Eastham agreed that the
issue would need further discussion.
Howard brought up that there were probably some cross-references within the draft that would need to be
cleaned up if the changes were made.
Eastham wished to discuss item #23, the noise buffer provision, 15-3-4-0 in code. Eastham wished to
make a motion to remove 15-3-4-C be removed from the draft of the subdivision ordinance.
Brooks seconded
Eastham stated that while this is awell-intended provision, he thinks that some of the objections raised by
the Land Development Council on this are well-taken. He finds particularly valid the recognition that a
300-foot buffer would not necessarily offer noise reduction in some of the areas along Highway 218. He
is not comfortable having a provision in the subdivision code that is supposed to address the specific
problem of noise control when it is clear from the outset that the provision will not be effective in some
instances. In his opinion, noise levels are something that can be evaluated by potential buyers.
Koppes pointed out that that may not necessarily be the case depending on when they buy the house as
Planning and Zoning Commission
May 15, 2008
Page 17
in the summer the trees provide a buffer, but in the winter, with no leaves, the buffer disappears.
Brooks stated his agreement with Eastham. He believes it sets an unaccomplishable goal. He says that
studies fall predominately on the side of the argument that vegetation does not necessarily buffer sound.
He said it should be up to the developer to provide a good visual screen.
Weitzel stated that this is a standard that is trying to avoid the problem of opening your door right onto
interstate traffic.
Brooks said he struggles with the City mandating 300-feet out of development for a visual screen under
the guise of requiring a sound buffer. He suggested that perhaps the City needed to buy that portion of
the property if that was there objective. He felt he would have to have time to think about this and
validate that this type of ordinance was really reducing the noise in the way it is intended.
Freerks requested a view of the map showing what areas were being discussed. Miklo described the
different areas of the map where the ordinance applied.
Freerks stated that the City strives to create quality neighborhoods, which does not include building right
up to the interstate. Brooks asked that the quality neighborhood not be sold on a sound buffer as that
was not what he believed the ordinance was about. Brooks said that it was a visual screen that was
intended. Eastham said there appeared to be people willing to buy homes in very noisy areas. He felt
that if it was clear that sound reduction could be achieved at some reasonable cost and with reasonable
certainty, then he would have a much different opinion. Miklo said that as the language is drafted there is
an opportunity for the developer to create a berm or a wall to get closer to the 60 decibel or less level.
Koppes said she almost felt this policy should go to Council. Miklo stated that the Commission was there
to make a recommendation on policy. Koppes said that while she would not personally buy a house
along the interstate, how far should the Commission go to protect people from buying them that want to.
Miklo said that one of the other concerns was that in a hot real estate market, such houses sell.
However, fifteen or twenty years after the house is built and it needs rejuvenation and reinvestment and
there are whole neighborhoods, is someone going to be willing to reinvest in them or will we be left with
while neighborhoods that are deteriorating? Brooks said that he does not disagree, he simply does not
like the fact that it is being sold on the premise of reducing sound. Miklo replied that part of the intent is
that you have 300 feet to work with to plant trees, build a berm, or do something. Brooks reiterated that
this again was a visual screen being discussed, not actually a sound barrier. Howard said that she
believed 300 feet sometimes works as a sound barrier. Distance and berms can work as sound barriers.
Plahutnik asked if the word "noise" was left out of Section 1, and the wording simply stated "buffer," and in
Section 2 the decibel level remained, would that meet everyone's concerns? Plahutnik said this would
take away staffs concerns about noise, and Brooks's concerns regarding selling the idea on a false
premise. Brooks stated that that would mean changing the wording in the title that said "To Reduce the
Effect of Highway Noise ... " Plahutnik maintained that that could easily be changed to "To Reduce the
Effect of Highway Impact." Brooks said he was comfortable with it going forward to Council; he just didn't
like selling it on the idea that it would reduce the noise. He thinks what is being done is to try to create a
visual barrier between highway and any development, commercial or residential. He thinks that the City
should have a policy in general that wouldn't allow anything like what happened along Highway 218 in
Coralville.
Eastham said that it was a good discussion of the issue, and Freerks called for a vote.
The motion failed 4-2 (Eastham and Brooks voting yes).
There were no further issues to discuss on this item.
CONSIDERATION OF MEETING MINUTES: MAY 1, 2008
Planning and Zoning Commission
May 15, 2008
Page 18
Eastham motioned to approve the May 1, 2008 minutes. Brooks seconded.
The motion passed 6-0.
OTHER:
Miklo stated that the election of Vice-Chair would be on the June 5, 2008 meeting agenda.
Discussion was held on returning to the 5:30 p.m. meeting time for informal meetings and it was decided
that for the time being, informal meetings would be held at 6:00 p.m.
ADJOURNMENT:
Weitzel motioned to adjourn. Koppes seconded.
The meeting was adjourned at 10:00 p.m.
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3b 6
Final
May 2008
MINUTES
SENIOR CENTER COMMISSION
MAY 20, 2008
ROOM 208
Call to Order: Meeting called to order at 3:30 PM
Members Present: Jay Honohan, Bob Engel, Michael Lensing, Sarah Maiers, Nancy
Wombacher, Chuck Felling
Members Absent: David Gould
Staff Present: Emily Light, Linda Kopping, Craig Buhman,
Others Present: Bri Moon
RECOMMENDATIONS TO COUNCIL-Honohan
None.
APPROVAL OF MINUTES FROM MARCH 18 & APRIL 15, 2008 MEETINGS-Honohan
Motion: To accept the minutes as distributed. Motion carried on a vote of 6/0.
Lensing/Engel.
PUBLIC DISCUSSION-Honohan
None.
COMMISSION ASSIGNMENTS-Honohan
Wombacher will prepare the web article for the May 2008 meeting. Honohan report on the
meeting to the Johnson County Board of Supervisors. Lensing will report to the City Council.
CONSTRUCTION UPDATES
Kopping reported that the Senior Center has had some contract troubles in relation to the
boiler/chiller replacement project. The boiler and chiller project design/drawings were created by
Gessner Group, which abruptly closed. This has left the contract administration phase incomplete,
and the City is working to develop another contract.
The situation has led to liability issues that have to be addressed. Since Gessner Group made the
drawings, another group would not be liable for the design. However, the individual from
Gessner Group who made the drawings now works with the other company that the City plans to
contract with. It would be ideal to maintain the same designer for the project, even if the company
has to change.
The City has already paid for the drawings from Gessner Group. Buhman reported that Gessner
Group has no capability to cover any design flaws, if discovered. The company that takes over the
project will not cover the plans, even if the designer is the same.
Final
May 2008
Lensing asked if the new group could review the plans, approve them, and take on the liability. It
is unclear at this point if another company will back up the plans. Buhman reminded the
Commission that the drawings have been reviewed extensively by the City Engineer's office, and
problems with the design are not expected to occur. Buhman said that the best solution to this bad
situation would be to keep the lead person on the project, and it appears that will be possible.
Buhman expected the start-up date of the project to be within 10 days [from this meeting], and he
expected to have apre-bid meeting with R.M. Boggs to sort out the details, such as where to park,
where to put the dumpsters. Buhman suggested that kitchen staff attend this meeting as well in
order to figure out the details such as rearrangement of kitchen equipment during air handler
replacement above the kitchen.
Kitchen is going to be strongly impacted by this project, and their staff has been informed from
the inception of the project.
Buhman reported that the ADA restroom renovation project is extremely close to completion. The
final issue that has been recently resolved involved the doors on the mezzanine restrooms. They
are single user restrooms with handicapped button door operators. The dilemma was to make the
door open from both sides, lock when the restroom is in use, and not open when the button is
pushed on the outside if the restroom is in use. The solution presented was to install timers and
motion sensors in the restrooms to sense when they are in use and lock the doors from the outside
accordingly. A problem arose when the motion sensor in the women's restroom did not work, and
the door would open when the restroom was in use. Once that problem was addressed, the
women's restroom door would not open at all. The door, motion sensor, and timer are now
functioning properly. Detection of any motion in the restrooms results in the doors automatically
locking for 30 seconds. The slightest motion will restart the 30 seconds. If power to the building
is lost, the battery back-up will kick in to •keep the system functioning for at least 30 minutes after
the loss of power. The doors also have mechanical locks if needed.
Buhman reported that a roof leak occurred 10 days ago. There is no money available to replace it
this year. When the wind comes from west/northwest, rain falls diagonally, and the Senior Center
roof collects the rain that hits the west wall of the Ecumenical Towers building, which
overwhelms the Center's roof. Kopping noted that work on the roof is not possible until a year
from now because the City can only sell $700,000 worth of bonds per project per building per
year, and the limit has been reached with the boiler project this year.
OPERATIONAL OVERVIEW
Kopping reported that the Senior Center is down one maintenance worker. City required the
Center to advertise internally for a week first. No one applied. Currently public applications will
be taken until May 27. Kopping will leave for vacation on May 31. Kopping and Buhman will
look at applications, Buhman will conduct some preliminary interviews while Kopping is on
vacation, and Kopping and Buhman will ultimately interview finalists together and hire.
Kopping has finished the Policy Procedure Manual, including the Operational Handbook,
Personnel Policies, Labor Contract, and Emergency Handbook. Maiers noted that it would be
worthwhile to provide copies to the Commissioners for review. These copies will contain
appendices. Kopping edited the outdated materials, followed by review by the staff, Commission,
and Participant Advisory Committee. Kopping will recommend in the future that the Manual be
updated annually from now on.
Kopping reported on results from the membership survey. Compiled results show that social
engagement and friendship are really important. People come to the Center to learn. Members
Final
May 2008
seem not to be too unhappy with anything in particular, but some have expressed distaste for the
meal program. Multiple people mentioned that the Senior Center needs to do a better job of
promoting itself in the community.
Engel notes that membership has increased almost 10% in the last year, and good press has
picked up. He recommends that the staff should pinpoint what has prompted this increase in
membership.
Kopping reminded the Commission of the public reception for Michael Lombardo, Iowa City's
new city manager. The reception will be followed by the Boomer Bash on Linn Street in front of
the Center on June 5.
Light is planning the Volunteer Appreciation Breakfast, and noted that it was recommended that
she look into holding the event at the Old Country Buffet in Coralville to reduce the work placed
upon Senior Center staff when the event is held in the Assembly Room. It was noted that it would
be an appropriate year to try out another location because of the uncertainty of the air
conditioning status throughout the summer. The cost is a bit higher for the food, but the Center
would not have to provide paper products and staff time for set-up and clean-up. The Commission
agreed that the Center should try holding the breakfast at this offsite location for this year. Some
transportation would need to be arranged. July 10 was identified as the tentative date for the
breakfast. Kopping suggested that we invite the new city manager to come and visit with people
or speak. The Commission jointly agreed that live music would not be entirely necessary, and it
would be acceptable to label this a social event if we decide to forgo entertainment.
COMMISSION DISCUSSION-Honohan
Maiers noted that she thought Carrie Wilkerson did a wonderful job on her report. Honohan said
that the interns, Carrie Wilkerson, Bethzaira Fregoso, and Courtney Pagel, did nice work and will
be missed.
Engel enjoyed presenting at the meetings. He invoked Honohan's experience in West Liberty at
meetings. At the Board of Supervisors meeting Engel made special note of off-campus activities
throughout the county.
Honohan announced the formation of a new committee, made up of Lensing, Wombacher, and
Honohan, to explore ideas related to broadening lunch options at the Center.
Motion: To Adjourn. Motion carried 6/0. Wombacher/Maiers.
Final
May 2008
Senior Center Commission
Attendance Record
Year 2008
Name Term
Ex Tres 2/26 3/18 4/15 5/20 6/17 7/15 8/19 9/16 10/21 11/18 12/16
Bob En el 12/31/08 O/E X X X
David Gould 12/31 /08 X X O/E O/E
Chuck Fellin 12/31/09 X X X X
Ja Honohan 12/31/10 X X X X
Michael Lensin 12/31/10 -- O/E X X
Sarah Maiers 12/31/09 X X X X
Nanc Wombacher 12/31/09 O/E O/E X X
Key: X = Present
O = Absent
O/E= Absent/Excused
NM = No meeting
-- = Not a member
3b 7
Final
March 2008
MINUTES
SENIOR CENTER COMMISSION
MARCH 18, 2008
ROOM 208
Call to Order: Meeting called to order at 3:30 PM
Members Present: Chuck Felling, David Gould, Jay Honohan, Sarah Maiers, Robert Engel
Members Absent: Nancy Wombacher, Michael Lensing
Staff Present: Emily Light, Linda Kopping, Susan Rogusky, Craig Buhman, Michelle
Buhman
Others Present: Charlotte Walker
APPROVAL OF MINUTES FROM FEBRUARY 26, 2008 MEETING-Honohan
Motion: To accept the minutes as distributed. Motion carried on a vote of 5/0.
Felling/Maiers.
PUBLIC DISCUSSION-Honohan
Walker requested that the Senior Center provide a public bulletin board for senior citizens that is
not locked up or controlled by staff.
COMMISSION ASSIGNMENTS-Honohan
Honohan will report to the City Council and the Board of Supervisors and write the web article
on the March 2008 meeting. Enge] will report on the April meeting and write the web article.
SEMI-ANNUAL STAFF REPORTS
ROGUSKY -Rogusky distributed a CNN article on the New Horizons Band network, which
included interviews and photos from Iowa City Senior Center participants. Rogusky also
distributed a letter from a young woman who saw the recent intergenerational chorus concert
involving the Voices of Experience and the Iowa City Girls' Choir. The young woman described
that she was moved by the joyful musical experience.
Rogusky reported on the building attendant volunteer program that has been in effect for about a
month. It has gotten off to a fairly good start, though some nights are slow, leaving the volunteer
the only person in the building. Traffic is expected to pick up after the word gets out that the
building has extended hours for members. "The Center After 5PM" is the focus of a full-page ad
that will be displayed in the forthcoming issue of "Boom" magazine.
The cell phone donation/recycling program is under way. Boxes are already in multiple locations,
including Iowa City, Coralville, and Solon. Rogusky is currently seeking volunteers to oversee
collection boxes in North Liberty, Oxford, and Lone Tree also.
Rogusky's intern, Courtney Pagel, is planning a Health and Services Fair for April 19. A variety
of local businesses and organizations will be represented with informational tables and health
screenings. It is free for businesses and organizations to participate, and free for interested seniors
Final
March 2008
to attend. Pagel is also working with Phyllis Zalenski from Extension Service, who is putting on
three programs at the Center this semester, to repeat the programs in surrounding communities
and outlying areas, such as Solon, Tiffin, Lone Tree, Coralville, and North Liberty. The subjects
of the programs are "Who Gets Grandma's Yellow Pie Plate," "Credit Reports," and "Protecting
Your Privacy."
Memory Training courses were offered in Solon and North Liberty, but were cancelled and
postponed, respectively due to low enrollment. The North Liberty course has been rescheduled to
begin April 16, and the Solon course will be rescheduled later in the summer. Rogusky is also
organizing courses for Lone Tree and Tiffin for the summer. The course that will be offered at the
Senior Center has low enrollment at this point, but press releases are out, and we are awaiting
media coverage. Walden Place is also interested in hosting another course.
Cary J. Hahn, KGAN's "Iowa Traveler," visited the Senior Center recently to highlight the Senior
Center Television station.
There will be an April 22 concert by the Center's jazz trio Three for All.
The Senior Center will be recognized as a part of Arts Fest with the Boomer Bash as a kick-off
event. The Boomer Bash will involve blocking off Linn street for a dance with music provided by
the Beaker Brothers. The Silver Swing band also will perform during Jazz Fest, and Rogusky is
trying to have the Three for All jazz trio incorporated into the Silver Swing's performance. These
events will be listed in the Arts Fest brochure.
Many students are working at the Senior Center in a volunteer capacity. Look for an upcoming
SCTV program on the student involvement at the Senior Center.
SCTV grants were approved by the Community Television Group in November of 2007:
1. To fund a temporary staff person to work with Paulina Pate on Spanish language
programming. The program is underway, and will feature interviews with Spanish-
speaking community members.
2. To fund an intergenerational program, in partnership with UAY, to encourage
students and seniors to work together to produce TV programs. Rogusky reported
that SCTV is having some trouble finding young people to participate. They are
pursuing new avenues for finding young participants and hope that the funding for
the project can be carried through June in order to execute the project over the
summer. Students would first be trained in how to produce videos, then choose from
several ideas for content, including a short commercial, interviews with people on the
street, and short documentaries on subjects of interest to the participants.
Rogusky reported that the Community Action Leadership Team is in the process of recruiting
retired (or nearly retired) persons to form a highly skilled consulting team to be placed at non-
profit or government organizations to work on consultant level projects (e.g. helping create
volunteer programs, rewriting training manuals, helping with budgets, networking computers, or
even construction projects, depending on the volunteers who come forward). The leadership team
has been advertised in the last two Program Guides. Training is scheduled to begin the first week
of May, but no applications have been submitted yet. Rogusky intends to redouble her recruiting
efforts throughout the summer. She plans to attend rotary groups, retirement seminars, etc. to
raise awareness of the program.
BUHMAN, MICHELLE -Buhman reported that spring classes are going well so far. Beginning
and Advanced Computer classes are a huge hit, with more than a dozen people on the waiting
lists, especially since the new computer lab was installed. After speaking with Scott Nelson, the
volunteer computer instructor, Buhman has some leads on potential volunteers to teach beginning
Final
March 2008
level computer classes. Class evaluations for the beginning class indicate that some students are
looking for more of basic instruction. Buhman is also seeking volunteer computer lab monitors to
keep office hours in the lab.
Buhman reported that an unexpectedly large amount of her time in her new position as
Programming Specialist has been devoted to dealing with weather-related cancellations and
rescheduling classes and activities.
Buhman reported that she has been working with a practicum student, Bethzaira Fregoso, who is
planning a senior prom that will be held at the Iowa City Moose Lodge on May 2. Lensing
Funeral Home is the corporate sponsor, having committed a $500 donation to the event. U.S.
Bank is sponsoring by supplying volunteer staff at the event. Tickets are $7 for members, $10 for
non-members. Admission covers the dance, meal, and transportation (if needed). Buhman is
working with SEATS to provide transportation between the Washington St. entrance of the
Senior Center and the Moose Lodge. Attendees will have a choice between a chicken breast and a
vegetarian lasagna meal. The dinner will be served from 5 to 6PM, and the dance will last from 6
to 9PM. Lyle Beaver's trio will be performing live. Door prizes will be awarded, and there will be
a random drawing for prom king and queen.
Fregoso is also working with the University of Iowa to plan a program featuring a presentation on
elders in Mexico and an authentic appetizer tasting. Fregoso also has been attending the Spanish
class regularly and working with SCTV on their Spanish language programming.
Buhman reported that the class on Tolerance and Diversity, arranged by Julie Seal, Louis
DeGrazia, Dianne Day, and Mary Johnson, was a huge success, sometimes with standing room
only. One of the sessions took place in the Assembly Room to accommodate a University of Iowa
class that attended. The course was very well received, and Buhman is working to plan another
series for the fall.
Buhman will be working with Jill Gleason of the Heritage Area Agency on Aging to bring
courses to the Senior Center, with the help of a grant Heritage has secured for the purpose of
providing a program called Enhanced Fitness.
Buhman is also working with the Health Supportive Services Action Committee. The
organization has a program called "Living with Chronic Illness and Disease." Buhman and at
least one Center volunteer will attend afour-day training to become master trainers for this
program. Following the training they will be able to teach the course in the community.
She is working with Johnson County Department of Public Health to help promote their program
"Eat Better, Move More, Fit for Life." The pilot program will be carried out in Tiffin, and then
move to Iowa City and other communities.
Buhman received requests from Senior Center members that we purchase a Nintendo Wii gaming
system to provide a fun, light, physical activity for seniors. The Wii has received widespread
media coverage for its use as a rehabilitative tool in senior communities and health care facilities.
Participants should be warned that the game does require repetitive physical exertion, and can
result in soreness or minor injury if overused. Buhman has scheduled a pilot program for Friday
mornings in April to test out the system.
Buhman continues to arrange the Newcomers Club meetings. Planning for fall programming is
coming together well, but the summer has been a bit tough with instructors leaving town.
Buhman will be in Washington, D.C. next week to attend the National Council on Aging
conference. She plans to attend several exciting sessions and network with other'senior centers
that have functioning curriculum committees.
Final
March 2008
Buhman's goal for next year is to create a comprehensive program evaluation tool that will
provide consistent and helpful feedback for all classes, programs, and activities. Buhman also
plans to work with the Iowa City Parks and Recreation Department to plan joint programs (e.g.
senior softball and swimming teams).
LIGHT -Light reported on the Senior Center's revenue and membership numbers. Current
Senior Center membership is up to 1,040 people, which represents a jump from the 950-1,000
members that the Center was hovering at for a while. The Senior Center maintained existing
members and gained new ones. Light speculated that the equipment improvements may have
contributed to this increase, citing anecdotal evidence that new members are especially interested
in the computer lab and the fitness facilities.
Light reported that the Senior Center's revenue for this fiscal year is on track with estimates.
With approximately one quarter of the fiscal year remaining, the Center has taken in 82% of the
estimated membership revenue. Membership fees fall within the revenue category of
"Governmental Charges for Services," which also includes class fees, instructor fees, and other
activity fees. Class, instructor, and activity fees have already exceeded the estimated amounts,
leaving the Senior Center 97.21 % of the way toward the estimated $33,325.00 needed in this
category. This means the Senior Center only requires 37 Iowa City membership sales (new or
returning members) by the end of the fiscal year, or over the next 3 months, a goal that we expect
to surpass easily.
The intergovernmental revenue from Johnson County is on track with 75% of the $75,000 already
taken in, and 25% remaining to be transferred.
The Center is on track to meet the estimated revenue in the areas of miscellaneous sales of
merchandise and reimbursement of expenses. In the category of contributions and donations, the
revenue looks very short, but actually is in very good shape. Current financial reports show that
the Center has obtained $3,564.57 of the estimated $26,384.00 needed. The first number does not
include the funds that have yet to be transferred from the Senior Center Fund, Inc. account to
cover the expenses for the approved SCTV video cameras ($10,000.00) and the new computer lab
equipment ($12,195.00). With those amounts added in, the contributions and donations line is at
$25,759.57, within $1,000.00 of the goal. Additionally, a percentage of the revenue generated by
the endowment fund in fiscal year 2007 has yet to be transferred to this revenue line.
Expected revenue for parking permits has already been exceeded by about 9%. Since we are
halfway through the current (and final) parking permit period for the year, permit sales are
expected to be low for the rest of the fiscal year.
Finally, the transfer from the scholarship fund to cover the low-income discounts given
throughout the year is estimated to be $3,500.00, and will come at the end of the fiscal year.
BUHMAN, CRAIG -Buhman reported that the new carpet is about to be installed in the elevator
lobby. Shortly thereafter, the cloak lockers will be installed, thus completing the room move
project. In response to a potential health risk, the Senior Center administration researched and
approved the ADA restroom renovation project. By the end of March, we should have take
possession of the restrooms and an exercise facility fitted with showers.
Plans, specifications, and proposed contracts have been received by the Senior Center for the
boiler and chiller system replacement project, scheduled to be awarded the 29~' of April, with a
tentative completion date ofmid-November. The Center will be occupied throughout the project,
which will require coordination between the project and Center programming, as ambient
conditions could pose problems during hotter parts of the summer when the air handlers are out of
service. Hopefully scheduled activities will not be disrupted by the project.
Final
March 2008
On March 1, 2008, the Senior Center was vandalized. A full set of keys was stolen, therefore
facility access was compromised. Locks on the desk of at the Operations Assistant's workstation
were damaged, some rendered useless. The entire building is being re-keyed, and Kopping is
investigating installation of aclosed-circuit television surveillance system. It appears that the
burglar used Center keys to access Ecumenical Towers and burglarize several apartments. All
entrances to the facility, including connecting doors to Ecumenical Towers, were secured on the
night of the incident. City insurance will cover repair expenses related to the break-in/vandalism.
Kopping reported that the connecting doors with Ecumenical Towers pose a peculiar security
situation because security for these doors is the responsibility of the Senior Center.
Programmable door locks have been installed on both doors between the Senior Center and the
Ecumenical Towers (first and ground floors), so the doors will automatically lock and unlock at
specific times, as directed by Ecumenical Towers administration.
Kopping reported that an alarm will be installed on the door between Ecumenical Towers and the
Senior Center's Assembly Room to sound if the door is open for an unusual amount of time.
KOPPING -Kopping reported that she has been working extensively on revising the operational
handbook. She has been working with staff on this project and would like asub-committee from
the Commission to review the document. Honohan, Gould, and Maiers volunteered to be on the
sub-committee. The Participant Advisory Committee will also look it over, as well as the City of
Iowa City's legal department and risk management staff.
COMMISSION DISCUSSION-Honohan
February 2008 Meeting Reports-Felling
Felling prepared the web article reporting on the February 26, 2008 meeting. Since the
Commission meeting was delayed in the month of February due to weather, Felling did not make
it to the Board of Supervisors and City Council meetings to report on Commission meetings.
Felling is unable to join the Board of Supervisors at the times when they want to hear Senior
Center Commission reports. In the future, he will arrange for a substitute.
ADDITIONAL PUBLIC DISCUSSION-Honohan
Walker added that the Senior Center's website has out of date information on it. Rogusky
explained that the City of Iowa City has recently launched a new website, and the City would not
accept changes to the website until that project was complete. Rogusky and M. Buhman have
received some recent training to be able to update some pages themselves, though Senior Center
staff does not have total control over the website at this point. Necessary updates will be made
shortly.
Motion: To Adjourn. Motion carried 5/0. Engel/Maiers.
Final
March 2008
Senior Center Commission
Attendance Record
Year 2008
Name Term
Ex fires 2/26 3/18 4/15 5/20 6/17 7/15 8/19 9/16 10/21 11/18 12/16
Bob En el 12/31/08 O/E X
David Gould 12/31/08 X X
Chuck Fellin 12/31/09 X X
Ja Honohan 12/31/10 X X
Michael Lensin 12/31/10 -- O/E
Sarah Maiers 12/31/09 X X
Nanc Wombacher 12/31/09 O/E O/E
Key: X = Present
O = Absent
O/E= Absent/Excused
NM = No meeting
-- = Not a member
U7-15-U8
3b 8
Final
April 2008
MINUTES
SENIOR CENTER COMMISSION
APRIL 15, 2008
ROOM 208
Call to Order: Meeting called to order at 3:30 PM
Members Present: Chuck Felling, Jay Honohan, Sarah Maiers, Robert Engel, Michael
Lensing, Nancy Wombacher
Members Absent: David Gould
Staff Present: .Emily Light, Craig Buhman, Michelle Buhman
Others Present: Bethzaira Fregoso, Carrie Wilkerson
PUBLIC DISCUSSION-Honohan
None.
COMMISSION ASSIGNMENTS-Honohan
Engel will report to the City Council and the Board of Supervisors on this meeting, as well as
prepare the web article. The Commissioner who will report on the May meeting is to be
determined.
DISCUSSION OF STAFF REPORTS-Honohan
Honohan requests that future semi-annual staff reports be submitted in writing to Commissioners
with Commission packets prior to the meeting during which reports will be presented. Honohan
pointed out that the Commissioners would then have more time to absorb the information and
prepare questions for the staff in advance.
Engel inquired about M. Buhman's mention of working with the University of Iowa Senior
College in her staff report, and she summarized her meeting for the Commission. There are no
specific programming collaborations in progress right now, but both organizations will keep the
other in mind, and hope to work together in the future. Both groups will make an effort not to
duplicate programming at the same time. Buhman noted that the Senior Center and the UI Senior
College have different levels of resources, and therefore will have different approaches to some
programming and classes. Buhman reported that enrollment for the Senior Prom has been a bit
slower than anticipated, but more publicity is expected and further promotion is planned. Buhman
explained the programming she has planned with the Home Ec Workshop, which is a new private
business located on north Linn Street that offers craft classes. They will offer some classes for
Senior Center members only this summer. Buhman reported that the Nintendo Wii program is
picking up in popularity and participants are enjoying it.
OPERATIONAL HANDBOOK UPDATE-Honohan
M. Buhman distributed copies of the operational handbook to sub-committee members, Honohan,
Maiers, and Gould (by mail), for review. Buhman noted that the copies did not include
appendices, which are available upon request. She reported that the document has also been
Final
Apri12008
presented to the Participant Advisory Committee for review and discussion, and they will focus
on sections 1, 3, 7, 8, 9, and 12. Buhman described why the PAC is only focusing on certain
sections, stating that they have chosen to only review sections that fall within the scope of their
advising roles, omitting areas that they have no knowledge of or control over. Buhman placed an
emphasis on the importance of the Commission reviewing section 3, as it includes the Center's
mission statement, vision statement, and statement of values and goals. Honohan suggested that
the Participant Advisory Committee should be involved in reviewing the chapter on community
outreach. Maiers suggested that the Commission sub-committee needs to review the entire
document, and Honohan agreed.
CONSTRUCTION/RENOVATION UPDATE-Honohan
C. Buhman reported that all restrooms are open. The new exercise equipment has been delivered
and installed, and will be open for use by members as soon as temporary signage is in place.
Buhman reported that the bid opening for the HVAC project will be April 22, 2008 in Harvat
Hall. He informed the Commission that the City can only offer bonds for each facility up to
$700,000 per 12 months. Engineering estimated that the HVAC project will be around $725,000.
The roof project is estimated to cost another $139,000. Buhman noted that the pre-bid meeting
was well attended, and he hopes a competitive bidding process will bring a low bid within or near
the $700,000 limit. Kopping will meet with City Finance Director Kevin O'Malley to try to find a
solution for coming up with the money that the Senior Center is short in order to at least complete
the HVAC project this year. Buhman stated that the roof project is his primary concern, but it will
be best to replace the chiller first, as it is located on the roof and will require the roof to be
penetrated several times.
As for the question of how much of the summer the Senior Center will be without air
conditioning, Buhman reported that the language in the bid request requires that an air handler
will not be removed until the replacement is on site, the chiller will not be removed until the new
chiller is on site, etc., so there will be as minimal environmental disruption as possible. Buhman
predicted that there could be two or three weeks at a time where we would be without air
conditioning to a part of the building. Certain parts of the building may be uninhabitable during
the periods without air conditioning because of the position of the windows. Wombacher
suggested putting in window air conditioning units, which would be an added expense. Buhman
said the building would be ventilated as best as possible and noted that the Center would work to
tailor summer programming to have morning and evening activities. The HVAC project is now
expected to be finished in November 2008.
M. Buhman discussed some possible off-site programming locations, including the water plant,
the recreation center, Mercer Park, U.S. Bank, the public library, UICCU, and local schools.
REQUEST FOR A MEETING OF SENIOR CENTER FUND, INC.-M. Buhman
M. Buhman reported that Coordinator Kopping would like to hold a meeting for Iowa City Senior
Center Fund, Inc. during the May 2008 Commission Meeting in order to approve a transfer of
funds from the Senior Center's account with the Community Foundation of Johnson County into
the Senior Center operational budget to cover expenses for the previously approved computer lab
and SCTV camera equipment. The transfer to the operational budget is following the transfer of
Final
April 2008
earnings from the Community Foundation to the SC Fund Inc. account in the amount of
$22,945.69.
COMMISSION DISCUSSION-Honohan
Felling noted a concern that some groups based out of the Senior Center that receive public
recognition for their group may not always draw proper attention to the Senior Center's
contribution to their group. Felling would like to see the Center receive due public credit for its
role in the housing of Senior Center-based groups.
Engel noted that he felt Commission members have been left out of the loop over the last few
months with some building emergency and personnel events. He expressed that Commissioners
need to be informed to an appropriate extent about such events as quickly as possible because
Senior Center participants approach Commissioners with questions, and they need to serve as an
information resource to whatever extent is appropriate for the situation.
Honohan reported that his Spanish class went to a North Liberty school recently to visit an ESL
program. He said it was a very interesting experience, and he recommends others go to observe.
Honohan did not make a report to the City Council because of a mix-up of dates.
Motion: To adjourn. Motion carries 6/0. Wombacher/Felling
Final
April 2008
Senior Center Commission
Attendance Record
Year 2008
Name Term
Ex Tres 2/26 3/18 4/15 5/20 6/17 7/15 8/19 9/16 10/21 11/18 12/16
Bob En el 12/31/08 O/E X X
David Gould 12/31/08 X X O/E
Chuck Fellin 12/31/09 X X X
Ja Honohan 12/31/10 X X X
Michael Lensin 12/31/10 -- O/E X
Sarah Maiers 12/31/09 X X X
Nanc Wombacher 12/31/09 O/E O/E X
Key: X = Present
O = Absent
O/E= Absent/Excused
NM = No meeting
-- = Not a member
3b 9
MINUTES APPROVED
HISTORIC PRESERVATION COMMISSION
THURSDAY, MAY 22, 2008
EMMA J. HARVAT HALL
MEMBERS PRESENT: Esther Baker, Tom Baldridge, William Downing, Lindsay Bunting
Eubanks, Jim Ponto, Tim Toomey, Alicia Trimble
MEMBERS ABSENT: Pam Michaud, Ginalie Swaim, Viktor Tichy
STAFF PRESENT: Christina Kuecker, Bob Miklo
OTHERS PRESENT: Helen Burford, Jeff Clark, Cindy Elbert, Pat Elbert, Nancy Hauserman,
Carl Hirschman, Shelley McCafferty, Quentin Pitzen, Mike Sobocinski
CALL TO ORDER: Chairperson Bunting Eubanks called the meeting to order at 6:00 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
There was none.
CONSENT AGENDA:
530 East Washington Street.
Kuecker said the owners of 530 East Washington Street want to replace all of the windows on the first
and second floors and also replace the doorway around the corner to the basement and put a doorway in
place of a window on the second story.
729 North Linn Street.
Kuecker said that the owner was having her roof redone when the roofer found that the built in gutters
were quite deteriorated and needed to be removed and replaced with exterior gutters. Kuecker said that
the roofline would not change and added that the owner has proposed K style exterior gutters to be
installed.
Kuecker said that staff recommends approval of both of these items.
530 East Washington Street.
Ponto asked if there had originally been a door on the second floor that was covered over. Kuecker said
there is a photograph from the site inventory, and there is also a picture from the 1950s. She agreed that
at one time there had been a door on the second floor, as shown in the site inventory photograph.
Toomey said that is a significant change, to look at the balcony up there. He said that structurally this is
altering the building in that the makeshift balcony is not always going to be there, but this would be
altering the building by putting in a door that will be a more permanent thing than the balcony.
Miklo pointed out a photograph showing where there was once a doorway on the second floor. Kuecker
said that historically it was a window. Miklo said that it was converted to a door at one point.
Bunting Eubanks asked if it could be changed back in the future if someone wanted to do that. Miklo
responded that the door could be reconfigured there. He said that the current situation is not ideal. Miklo
stated, however, that since the balcony is there, this will make it a little more functional. Bunting Eubanks
pointed out that the change does not have to be permanent.
Pat Elbert, one of the owners, said that the house has gone through a lot of changes. He suggested that
he could paint to match the rest of the house.
Historic Preservation Commission
May 22, 2008
Page 2
Baker said that she is also somewhat troubled about this. She said she knows that this is functioning as a
balcony, and the owners want to have some way to access that. Baker asked what the guidelines say
about doing something like this.
Ponto said he did not believe the guidelines really address a situation like this, although the guidelines
discuss maintaining fenestration. Kuecker agreed that this situation is not directly addressed in the
guidelines.
Bunting Eubanks asked if it would work to put the door back where it was originally and is now covered
over. Kuecker replied that location is now a stairway.
Ponto said that he would rather not allow the conversion of a window to a door. He added that since the
porch has already been removed and that's already there, he did not think a door in this particular
situation would be that much worse than it already is.
Bunting Eubanks stated that it would be nice if there was a window on the other side so it would look sort
of symmetrical. She said the owners removed the outdoor stairway, which helped somewhat, but because
of that, they have no access to their deck.
Toomey said that a compromise would be to take out the window and put it back where the other one is,
because the window won't interfere. Bunting Eubanks agreed that would look like more like the original.
Baldridge said that the house has already gone through a lot of alterations. He said the Commission
should be a little pragmatic about this. Downing asked if would be possible to put a shallower window on
the east side, and Pat Elbert said that would be possible.
MOTION: Ponto moved that the Commission consider the two consent agenda items in separate
motions. Toomey seconded the motion. The motion carried on a vote of 7-0.
Ponto stated that it is common to have smaller windows in stairwells. He said that although that would not
show how this looked originally, it would at least add some symmetry.
MOTION: Ponto moved that a certificate of appropriateness for 530 East Washington Street be
approved as proposed, subject to compliance with staff recommendations as proposed and with
the option of installing an additional window, to be approved by staff, on the east wall in the
stairwell. Baldridge seconded the motion. The motion carried on a vote of 5-2, with Baker and
Toomev voting no.
729 North Linn Street
Kuecker stated that the proposal is to remove the built-in gutters and replace them with exterior K-style
gutters.
Regarding built-in gutters, Toomey said that some of them are hopeless, but some of them can be saved.
He said he had no objection to someone going over the top of built-in gutters, because they were never a
good idea.
Hauserman, the owner of the house, said that the gutters were really bad and had rusting steel. She said
the contractor told her that if he could repair them, they would still not last a long time.
Toomey said that if the roof is to be torn off and then covered, he would request that the contractor use
plywood, as opposed to OSB, which is commonly being used for roof sheathing. Toomey said that OSB is
a little bit cheaper, but it won't be suitable and it won't hold up for the places where one wants to cover up
the old gutter.
MOTION: Toomey moved to approve a certificate of appropriateness for the project at 729 North
Linn Street, subject to the roof slope at the gutter not being altered as recommended by staff and
subject to the use of 3/4-inch plywood to cover up the area where the gutters were. Ponto
seconded the motion. The motion carried on a vote of 7-0.
Historic Preservation Commission
May 22, 2008
Page 3
CERTIFICATES OF APPROPRIATENESS
727 Grant Street.
Kuecker stated that this application is for an addition to the rear of the property. She stated that this is a
Craftsman style house on Grant Street and is located about six properties north of Sheridan Avenue on
the west side of the street.
Kuecker said the first part of the application is to remove the aluminum siding and restore and repair the
wood siding and trim with wood. She stated that the other part of the application is a two-foot addition to
the rear of the property along the entire back facade and part of the north fa~,ade.
Kuecker said there is already a precedent set on the house with the bay coming out about 2 feet into the
eaves on the south side of the house. She showed the rear of the house where the addition would go.
Kuecker said the eave of the house is two feet, six inches, so the addition would not alter the roofline at
all. Kuecker said the porch would be removed but would be reconstructed on the new back side of the
house.
Kuecker showed the site plan for the project. She showed where the addition, porch, and deck would be
located. Kuecker said she had not received a lot of details regarding the deck, but it would be low to the
ground with no railings.
Kuecker said the applicant proposes to use wood siding for the addition and wood trim. She stated that
the foundation that would be showing would be stucco to match the existing. Kuecker said that staff
recommends approval of the addition, provided that the new siding and trim match the profile of the
existing siding and trim, that the new rear door is a craftsman style door subject to staff approval, and that
the specific details for the deck be subject to staff approval as well.
Pitzen, the contractor for the project, said he might use cement board siding for the addition, although he
would prefer to use wood. He said he would save as much as he can. Downing said that one cannot get
that narrow of a profile in cement board siding.
Toomey asked if the overhang would match the amount on the other side to be balanced. Pitzen said that
it would be really close. Toomey said that usually the Commission wants to see a step back to
differentiate the new from the old, although this is sort of a step out but still serves the same purpose.
Toomey asked if the extension would maintain that same eight inches of soffit all the way around. Pitzen
said he would like to reduce it to six inches. Toomey asked what the dimension is with the addition.
Kuecker guessed that the one overhang is six to eight, maybe nine inches. Pitzen said the plot line shows
that it is two feet out. He said that the overhang on the north side of the south side, without the bay is the
same. Pitzen said that whatever it would be, it would be real close.
Baldridge said the owners should receive kudos for taking off the aluminum siding.
MOTION: Ponto moved to approve a certificate of appropriateness for the project at 727 Grant
Street as proposed, subject to staff recommendations and with the option of using fiber cement
board with the same profile as the existing. Baker seconded the motion.
Ponto said he hated to lose the big overhang of those eaves, because it is so characteristic. He said,
however, because the addition is on the back and the roofline itself won't be changed, this would be a
reasonable compromise.
Pitzen pointed out that this will be a bulge in the back, and there is already a bulge on the south. Toomey
asked if there would be a bump out on the north too. Pitzen confirmed this and said there would be a
bump out to match and keep this symmetrical.
Toomey asked about the windows on the back. Pitzen replied that the owners would like him to reuse the
present windows, if possible.
Historic Preservation Commission
May 22, 2008
Page 4
AMENDMENT TO THE MAIN MOTION: Ponto moved to amend the motion to be subject to the
reuse of the windows and, if that is not possible, with the stipulation that new windows be subject
to staff approval and with the stipulation that any fiber cement board siding be subject to staff
approval. Toomey seconded the motion. The motion carried on a vote of 7-0.
410 East Market Street.
Kuecker said that the property at 410 East Market Street is an Iowa City landmark property and is the
Henry C. Nicking House. She said that the applicant is proposing an addition to the rear of the property.
Kuecker showed the location of the house quite close to Market Street on the north side of the street just
east of Gilbert Street. She showed the front elevation of the structure, saying it is one of the earlier
buildings in the City's history. Kuecker showed the rear of the building where the addition would extend
out into the parking lot area. She stated that the property line is approximately at the edge of the sidewalk
and at the edge of the building on the other side.
Kuecker showed the east elevation, demonstrating where the addition would be and where the original
structure is located. She said the front part is stone, and the back part is stucco.
Kuecker said that the applicant proposes to use fiber cement board for the siding, with shingles to match
the original. She said that the windows would be double hung, metal clad, wood windows. Kuecker said
the new entry from the rear of the property would be on the west elevation.
Kuecker showed a site plan that showed the existing structure and how close the property line is on both
sides. She said that the proposed addition would be a 16 foot by 22 foot addition to the rear. Kuecker said
that staff recommends approval, subject to the foundation of the addition being made of stucco or stone
to match the existing structure.
McCafferty, the project consultant, said that only about six inches of the foundation will show, and the
material would match the original. Downing asked if the stucco portion of the foundation was on an
addition done previously. McCafferty said that the stucco portion is quite old where there are twelve-inch
thick walls.
Baldridge asked if there is a basement here. Clark confirmed this. Baldridge asked if it would be extended
to the north. Clark confirmed this but said that the basements have not actually been tied together. He
said that there is one unfinished, dirt floor basement.
Bunting Eubanks asked if this would affect the landmark status of the house. Kuecker stated that it would
not.
Toomey asked what alterations would be done to the original structure. He said he would like to know that
if someone decided to remove the addition at a later date that the building wouldn't have significant
changes.
McCafferty said that they will be framing in the windows with wood frame. She said there won't be any
destruction to the stones.
Ponto asked if there is any information available regarding the new door. McCafferty responded that she
is planning for a typical colonial style door, similar to what would have been used on the building.
Downing asked if there is a reason why there is only one window in the back. Clark answered that he
wanted to have a bedroom there and is trying to make it so that it is usable. McCafferty said that it is to
maintain functionality of the room and because the side elevations of the original house don't have
windows, it seemed reasonable to not have a lot of windows in the addition given that precedent.
MOTION: Toomey moved to approve a certificate of appropriateness for the project at 410 East
Market Street as proposed, subject to the requirement that there be no removal or damage to the
Historic Preservation Commission
May 22, 2008
Page 5
existing structure and the stipulation that the foundation of the addition will be of stucco to match
the existing structure. Baldridge seconded the motion. The motion carried on a vote of 7-0.
430 Oakland Avenue.
Kuecker stated that this application is a resubmission for a change in the previous certificate of
appropriateness. She said that the house is located on the corner of Oakland Avenue and Grant Court.
Kuecker said that in March the Commission approved an addition to the rear of the property, and that
certificate is not being amended. However, she said the Commission also approved the construction of a
two-car garage with an accessory apartment above it, but now the applicant is proposing to reorient and
relocate the garage farther away from the house. Kuecker said there is about an 11-foot distance
between the garage and the house now. She said the garage would still be entered off of Grant Court, but
the doors would be facing Oakland Avenue.
Kuecker said there was some discussion by the Commission about this blocking the complete view of the
porches, and there was a building code issue regarding the distance between the house and the garage
that led the applicant to rethink where the garage should be located on the site.
Kuecker showed the new elevation on Grant Court. She said there would be new windows on the Grant
Court side. She showed the Oakland Avenue elevation, with the garage doors and two small windows on
the second level. Kuecker stated that specifics regarding the garage doors have not been submitted, and
staff recommends any certificate be subject to staff approval of those details.
Kuecker said that in the previous application the stairs were on the exterior of the building in the hopes
that a tree on the neighboring property could be saved. She said that it is the applicant's belief that in its
new location the garage may not have as great of an impact on the tree. Kuecker said that the stairway
would now be inside the garage.
Kuecker said that staff recommends approval of the application with the same conditions as before: all
windows being of wood or metal clad solid wood with the size and style of the new windows to match the
historic windows as much as possible, the carriage house style garage doors must be compatible with the
style of the property and are subject to staff approval, and with cement board or wood siding and trim to
match the profile of the existing siding and trim on the house.
Kuecker said that staff is also concerned about the amount of paving that would be in the Oakland front
yard. She said that some ways to mitigate that would be the use of paved brick or decorative paving
material or removing the existing driveway so that not as much of the front yard is concrete.
Hirschman said that his original plan was to have the garage farther away from the house and oriented so
that there would be a view from the sun porch. He said that after all the negotiations it got shoved up next
to the house with a 45-foot long driveway. Hirschman said that after the three-dimensional model was
done, staff agreed that it actually does look a lot better as far as the entire property is concerned, even
though the doors would be facing Oakland.
Regarding the garage doors, Hirschman said he plans to use a carriage style garage door. He said that
he would like to replace the existing original fiberglass garage door on the front of the house to match the
other garage doors and actually excavate the driveway going down there, so it would be back to the
original plan. Hirschman said it looks better and gives it more functional space, because he wants to keep
the secondary garage small.
Sobocinski, of MJS Construction, said that this home was built in 1923, and there was a small garage
there for a Model T. He said that the concrete retaining walls were poured in the 1950s.
Sobocinski said that with this modified proposal there will actually be less concrete than there would have
been with what was approved before. He said the curb cut and driveway are a function of the fact that the
driveway cannot be any closer than 20 of where the radius of Grant Court and Oakland Avenue ends.
Historic Preservation Commission
May 22, 2008
Page 6
Miklo asked the owner if he needs the driveway to the basement garage. Hirschman said that he needs it
in order to get a snow blower or lawnmower down there. Baldridge said that if it is just for utility, the owner
could connect the proposed driveway just a short way further north.
Toomey asked if the Commission has any say over concrete. Miklo said there are zoning stipulations
regarding the amount of concrete for the yard. He said that the Commission should be looking at this as a
whole.
Sobocinski said that from the Oakland Avenue curve, the concrete is 42 feet back and is within two feet of
the front of the existing house. He said that the visual impact would be negligible in light of the proposed
berming that would take place in front of the house.
Bunting Eubanks asked the applicant if the berming is possible. Hirschman said that it would be less
expensive and easier than doing pavers, which is very expensive. He said that right now there is a
concrete slab, but the proposed berming would make it look more original and appropriate.
Toomey asked if anything would be done on the original garage and if the owner would be leaving it as is.
Hirschman said that is correct, that he is returning back to the functionality, changing the door. He said
there is a big concrete slab down there so that nothing can be taken down in there. Hirschman said he
would be digging the slab out so that he could actually take something down in there.
Downing said that if there was no parking in the front yard and the original driveway was completely
removed, the owner could, with just a short piece of paving, connect the existing garage to the new
driveway. He said it wouldn't be seen at all from the front of the house, and the owner could access the
old garage from the new driveway.
Hirschman said he was concerned that from the front of the house one could still see the garage door
there, and it would end up looking like an afterthought. Sobocinski added that the electrical service runs
parallel through there so that it might not be possible.
Bunting Eubanks asked if anyone had an objection to using a berm to landscape the paving. Hirschman
said his intent with the house is to maximize the historic character of it.
Toomey said the two issues the Commission was concerned with before were the garage's proximity to
the house and the open stairwell on the exterior of the garage. He said that both of these are an
improvement in the new application over what the Commission approved previously.
Bunting Eubanks asked what kind of paving would be used. Hirschman said that it hasn't been
determined yet, although he would like to use the stamped concrete with brick edging. He said it is
expensive, but he will be using less concrete than before so that it might be possible.
Sobocinski said that the existing foundation wall on the south side of the house where the sun porch is
located is buckling severely. He said that it will have to be removed to repair it but understands that the
face above grade would have to be brick to match the existing.
MOTION: Toomey moved to approve a certificate of appropriateness for the changes to the project
at 430 Oakland Avenue subject to the doors being subject to staff approval and with the
stipulation that the foundation repair above grade match the existing. Baker seconded the motion.
Ponto asked if the additional staff recommendations regarding use of paving brick or decorative material
and removal of the existing driveway were in the motion. Toomey said they were not in the motion.
Bunting Eubanks said it is her understanding that the desire is to use the decorative materials, but it may
be cost prohibitive. Ponto said he thinks it is going a little too far to require that. He said that leaving and
maintaining the existing driveway out of the motion because it was historically there is okay with him so
the way the motion is worded is acceptable to him.
Toomey said he left out any questions about the old, existing driveway, because they didn't enter in. He
said that nothing changes there.
Historic Preservation Commission
May 22, 2008
Page 7
Bunting Eubanks pointed out that the motion does not include a requirement for the decorative paving
The motion carried on a vote of 7-0.
CONSIDERATION OF THE MINTUES FOR MAY 8, 2008.
MOTION: Trimble moved to approve the minutes of the Historic Preservation Commission's May 8, 2008
meeting as written. Baker seconded the motion. The motion carried on a vote of 7-0.
OTHER:
Burford said that the historic home tour was very successful. She said that there were 398 people, and
more than 20% increase from last year. Burford said that a lot of people who were there wanted to see
the Wetherby House in its stages of progress.
Burford said that the only disappointment was that there was no media coverage of the event, even
though the Press-Citizen had stated that historic preservation is a major issue in Iowa City. She said that
this was one of the moments that are extremely positive for historic preservation.
Bunting Eubanks said that the Commission is trying to develop walking tours and asked Burford if she
has a list of the houses used on the Tour of Homes. Burford said she had an information sheet on each
one of the houses. Bunting Eubanks said the Commission would like to make a walking tour and put it on
the web and include what is unique about each house.
Bunting Eubanks asked about the status of the grant proposal. Kuecker said that it has been submitted.
Bunting Eubanks thanked those who worked on the grant.
Bunting Eubanks asked if the Commission's list of goals has been approved. Miklo said that it has gone
to the City Council.
ADJOURNMENT:
The meeting was adjourned at 7:15 p.m.
Minutes submitted by Anne Schulte
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MINUTES
PARKS AND RECREATION COMMISSION
Apri128, 2008
3b 10
FINAL
MEMBERS PRESENT: David Bourgeois, Ryan O'Leary, Matt Pacha, Jerry Raaz, Phil
Reisetter, John Watson, John Westefeld
MEMBERS ABSENT: Craig Gustaveson, Margie Loomer, Matt Pacha
STAFF PRESENT: Mike Moran, Terry Robinson
GUESTS PRESENT: Andy Dudler, Ann Dudler, Jane Gachery, Cornelies Gachery, Kent
Ralston, Gigi Wood
RECOMMENDATIONS TO COUNCIL:
None
OTHER FORMAL ACTION TAKEN
Moved by Bourgeois, seconded by O'Leary to approve the Apri19, 2008 minutes as written.
Unanimous.
PRESENTATION AND DISCUSSION OF MASTER PLAN FINDINGS REPORT:
This special meeting was called to order to reveal the findings of the Parks, Recreation and Trails
Master Plan.
John Westefeld, Vice-President of the Park and Recreation Commission, introduced Pat
O'Toole, Project Manager from GreenPlay LLC and Rachel Brenna, from Design Concepts to
the group. Both were here to give the findings presentation of the Iowa City Parks, Recreation
and Trails Master plan.
The majority of the meeting consisted of the Power Point Presentation given by Pat O'Toole and
Rachel Brenna. Some of the items that were pointed out during the presentation were as follows:
Re: slide Q3: "Whether Respondent Household Members Visited Any Parks in Iowa City over
the Past Year:" 93% of the respondents reported that yes they had visited parks in Iowa City.
O'Toole noted that this is a high number compared to other surveys in other cities.
Re: slide Q4: "Whether Respondent Household Members Participated in Any Recreation
Programs Offered by the Iowa City Parks and Recreation Department During the Past Year:"
70% responded no. O'Toole noted that this is right on target with the national average.
Parks and Recreation Commission
April 28, 2008
Page 2 of 4
Slide Q5: "All the Ways Respondents Learn About Iowa City Parks and Recreation Department
Programs and Activities:" 65% responded that they get their information through the program
guide. O'Toole noted this is a much higher percentage than the national average. He also
mentioned the department may want to re-evaluate the effectiveness of fliers distributed through
schools as only 16% responded that this is how they get their information. He also noted that
only 3% stated they get their information through emails. He noted that with the amount of junk
emails that are submitted, many people may not be reading these or even getting them as their
systems may be set up to filter these out. He suggested that the department offer the option for
the public to sign up for email alerts regarding their individual interests and needs.
Slide Q8: "All the Reasons that Prevent Respondent Household Members From Using Parks,
Recreation Trails and Sports Facilities or Programs of the Iowa City Parks and Recreation
Department More Often:" 21% listed that program times are not convenient. O'Toole noted that
this is a very easy fix. Typically people want more weekend and evening programs.
Slide Q16: "Respondents Level of Agreement with Benefits Being Provided by Parks, Trails and
Recreation Facilities:" 64% stated that they strongly agree that they benefit from the
improvement in physical health and fitness. O'Toole stated that this is not usually at the top of
this list as it shows in this survey. Also "Help reduce crime"; being 20% is lower than the
national average. This is usually in the top 5 on the list.
On the Inventory Analysis slide it was noted that "improvements to walkability could be made-
especially in newly developing residential areas." O'Toole noted that people generally want their
trails to loop. In other words trail to trail, trail to park, trail to downtown, etc.
Following the presentation there was time given for questions/comments.
O'Leary mentioned his concern about the typical age of respondents and how this may have
affected the results. O'Leary would like to see another report showing results within certain age
ranges.
Westefeld noted his surprise at the response regarding Farmers Market, i.e. 57% of respondents
listed Farmers Market as the Parks and Recreation program they participate in most often; 58%
listed Farmers Market as the Parks and Recreation Program most important to them and 72%
indicated that the Farmers Market is the program they need most. O'Toole noted that this may
have been because of the number of "older" people that responded to the survey.
O'Leary suggested that the City look into more special events for the Community such as an
annual festival, anything that means "Iowa City," possibly more cultural events, brown-bag
concerts, etc. He feels that Iowa City residents want more.
The next phase will include recommendations
Westefeld thanked consultants for their time and expressed his appreciation for the very
thorough and informative presentation.
Parks and Recreation Commission
April 28, 2008
Page 3 of 4
COMMISSION TIME/SUGGESTIONS FOR FUTURE AGENDA ITEMS:
None.
CHAIR'S REPORT
Commission members were reminded that this meeting will take the place of the May 14, 2008
Commission meeting unless something comes up that needs to be discussed before June. The
next Park and Recreation Commission meeting is scheduled for Wednesday, June 11, 2008 at 5
p.m. in Meeting Room B of the Recreation Center.
ADJOURNMENT
Moved by Westefeld, seconded by Reisetter, to adiourn the meeting at 7 p.m. Unanimous
Parks and Recreation Commission
April 28, 2008
Page 4 of 4
PARKS AND RECREATION COMMISSION
ATTENDANCE RECORD
YEAR 2008
NAME TERM p~ c N ap ... N o 00 ~
EXPIRES ~ M ~ ~ ~ r` ~ ~ ~ ••,
..
David
Bour eois 1/1/11 O/E O/E O/E X X
Craig
Gustaveson 1/1/11 X X O/E X O/E
Margaret
Loomer 1/1/12 X X X X O/E
Ryan
O'Lear 1/1/]0 X X X X X
Matt
Pacha 1/1/09 X X X X O/E
Jerry
Raaz 1/1/12 X X X O/E O/E
Phil
Reisetter 1/1/09 X O/E X X X
John Watson
1/1/11 O/E O/E X X X
John
Westefeld 1/1/10 O/E X X X X
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
LQ = No meeting due to lack of quorum
IOWA CITY TELECOMMUNICATIONS COMMISSION
MONDAY, JUNE 2, 2008--5:30 P.M.
FINAL
CITY CABLE TV OFFICE, 10 S. LINK ST.-TOWER PLACE PARKING FACILITY
3b 11
MEMBERS PRESENT: Saul Mekies, Hans Hoerschelman, Brett Gordon, Gary Hagen, Robert
Kemp
MEMBERS ABSENT:
STAFF PRESENT: Mike Brau, Bob Hardy, Dale Helling, Sue Dulek
OTHERS PRESENT: Susan Rogusky, Michael McBride, Laura Lowe, Dave Gordon, Steve
Newell, Holly Berkowitz, Craig O'Brien, Phil Phillips, Karl Hillie, Beth
Fisher, Damon Shutt
RECOMMENDATIONS TO CITY COUNCIL
None at this time.
SUMMARY OF DISCUSSION
Lowe reported that the grant application to the Iowa City Community School District Foundation has
been acted upon. $2,200 was awarded toward the request of $6,000 for a camera. No funds were
awarded for editing software or a stipend for a teacher to oversee student video productions. Lowe will
be discussing the possibility of funding a teacher stipend with the accounting department. Hardy reported
that a text crawl feature that can be placed over existing programs has been added to the playback system.
Remote access to the crawl has been provided to emergency officials. Hagen said that he is involved in
emergency preparedness planning at the University and said the availability of a single local access
channel as a reliable source for emergency communications would be a great asset to the community.
Hardy said he would be willing to talk to anyone regarding this. Hoerschelman asked if the origination
drop stipulated in the franchise agreement for the area by the ped mall fountain has been activated. Hardy
said that it was decided that installing the drop would be much more expensive than first thought and the
drop has not been pursued. Assistant City Attorney Sue Dulek said that legally the Commission has no
role to play in the PATV Board. The Commission may listen to Board members but does not have an
obligation or authority to intervene in any dispute. The City has a contract with PATV and there is
nothing in the contract regarding Commission mediation or dispute resolution.. Shutt said that his
objective in bringing this issue to the Commission was not to request intervention but for assistance in
identifying a disinterested neutral party to help the PATV Board function as it should. Mekies said the
Commission needs to understand what is going on with the PATV Board before it can understand the best
course of action. A committee of Mekies, Hagen, Brau and Hardy was formed to listen to the concerns of
opposing parties.
APPROVAL OF MINUTES
Hagen moved and Mekies seconded a motion to approve the amended Apri128, 2008 minutes. The
minutes were unanimously approved.
AGENDA
Gordon moved and Mekies seconded a motion to move the PATV Board agenda item to follow the City
Cable TV Office report. The motion passed unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
Hoerschelman reported that he attended a conference in Des Moines on fiber to the home broadband
technologies. Mekies said that the school channel has made a great improvement and that the
Commission should acknowledge this. Brett Gordon reported that the National Media Reform
Conference to be held this week will be webcast.
SHORT PUBLIC ANNOUNCEMENTS
None
CONSUMER ISSUES
Hardy reported that there were four complaints over the last month, all dealing with technical issues. As
far has Hardy knows all have been resolved. Mekies said that several people have mentioned to him that
Internet speeds have been slow. This is an issue than will need to be put to Mediacom.
MEDIACOM REPORT
Grassley was unable to attend due to the meeting date being changed and having a previous commitment.
UNIVERSITY OF IOWA REPORT
McBride reported that 9 of the 10 commencement ceremonies have been carried on UI TV. The final
commencement will be taped at a later date. Eight of them will be carried live. Between January 1 and
May 31 UI TV cablecast 297 new programs which totaled 229 hours. This averages about 10.5 hours per
week. June and July are expected to be a bit slower.
KIRKWOOD COMMUNITY COLLEGE
O'Brien reported that taping has begun on the series of programs with the master gardens association and
the Iowa State Extension Service. O'Brien said that he has assumed additional responsibilities and asked
if in the future a written report would suffice. Mekies and Hagen said that they appreciated O'Brien's
reports at Commission meetings and noted that before O'Brien assumed his job Kirkwood rarely had a
representative present. The Commission agreed that written reports would serve the Commission's needs
and would be appreciated. Kirkwood Television Service will be participating in the Freedom Festival
Parade.
PATV REPORT
A written report was provided. The Live and Local program will cablecast Monday June 2 and will
feature an interview with the new director of the Everette Conner Center. Staff and Board members
attended the regional Alliance for Community Media conference in Chicago on May 22-23. DVDs of
conference sessions are available at PATV. The next guidelines workshop will be Sunday July 6 at 10
a.m. Other classes will be by appointment. PATV will be producing a program in association with youth
through the Neighborhood Centers focusing on cooking. PATV will be working with United Action for
Youth to offer classes in electronic music and video production. The next board meeting will be June 19
at 7 p.m.
SENIOR CENTER REPORT
Rogusky reported that Senior Center Television has identified some youth with the English as a second
language program to participate in their intergenerational program. The program will begin in July. The
fifth Spanish speaking program has been taped. In May 13 music performances were taped including a
performance at the Senior Center of a drumming group for Columbus Junction working with at risk youth.
Three new producers are working with Senior Center TV.
LIBRARY REPORT
Fisher reported that 18 productions are planned for the month of June. Most of these deal with children's
programming. Ellen Buchanan's One of a Kind series has resumed taping. Interviews are being held for
an intern for the next year.
IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT
Lowe reported that 11 new videos were cablecast the last month. Most of those came from external
sources. Among those programs were the high school graduation ceremonies, a program on the West
High forensics group, and a recognition ceremony from the Masons honoring the schools. The grant
application to the ICCSD Foundation has been acted upon. $2,200 was awarded toward the request of
$6,000 for a camera. No funds were awarded for editing software or a stipend for a teacher to oversee
student video productions. Lowe will be discussing the possibility of funding a teacher stipend with the
accounting department.
CITY MEDIA UNIT REPORT
Hardy reported that the City Cable TV Office will have carpet installed tomorrow. Live election results
will be cablecast on channel 5 for the June 3 primary. The Community Television Service will be
covering several upcoming candidate forums. The Friday Night Concert series is underway. The Meet
the Candidate program has been playing in the weeks leading up to the election. A series of programs in
association with Mercy Hospital dealing with healthy eating are planned. A text crawl feature that can be
placed over existing programs has been added to the playback system. Remote access to the crawl has
been provided to emergency officials. The next program in the At Home Iowa City program will feature
the Summer of the Arts events. Hagen said that he is involved in emergency preparedness planning at the
University and said the availability of a single local access channel as a reliable source for emergency
communications would be a great asset to the community. Hardy said he would be willing to talk to
anyone regarding this. Hoerschelman asked if the origination drop stipulated in the franchise agreement
for the area by the ped mall fountain has been activated. Hardy said that it was decided that installing the
drop would be much more expensive than first thought and the drop has not been pursued.
PATV BOARD
Hoerschelman said that the Commission needs first to determine if they have any authority or oversight
responsibility regarding the dispute expressed in the two letters to the Commission from opposing groups
of PATV Board members. Assistant City Attorney Sue Dulek said that legally the Commission has no
role to play in the PATV Board. The Commission may listen to Board members but does not have an
obligation or authority to intervene in the dispute. The City has a contract with PATV and there is
nothing in the contract regarding Commission mediation or dispute resolution. The City cannot take any
legal action regarding a dispute among members of the PATV Board. Hoerschelman said the
Commission bylaws limit actions to reviewing and commenting on PATV operations. There are no
directive powers. The Commission cannot force the PATV Board to do anything. Hagen said that if the
main concern of the Commission is that PATV continue to provide the services stipulated in the contract
there is a concern that the signatories refused to sign the paycheck of director Goding. Brett Gordon said
it appears that the PATV chair and Treasurer were impeached by a minority quorum and Goding refused
to provide a tape of that PATV Board meeting and that was the reason they refused to sign the Goding's
check. Goding's contract was up and he did not produce the tapes that he had promised. Mekies said the
Commission often listens to representatives of the access channels and makes comments on their
operations even though the Commission does not have legal authority to interfere in their internal affairs.
Mekies said the Commission should listen to the two parties. Dulek cautioned against intervening in the
governance of the PATV Board and how PATV operates. Mekies said that Commission members have a
right to express their opinion. Shutt said that his objective in bringing this issue to the Commission was
not to request intervention but for assistance in identifying a disinterested neutral party to help the PATV
Board function as it should. Mekies said the Commission needs to understand what is going on with the
PATV Board before it can understand the best course of action. Dave Gordon said that he was elected
Treasurer of the PATV Board and given secondary authority as a signatory with Goding being the
primary signatory. Chair Shutt was the other signatory on the account. Dave Gordon said that Goding
was signing his own check, which is improper, and he had refused to sign Goding's check to get Goding
to look at the terms of his employment contract as it had expired April 22. Dave Gordon said it appears
that the contract is flawed as there is no year associated with the date. Dave Gordon said there needed to
be a revision in the language of the contract. Dave Gordon said Goding made himself primary signatory
essentially taking on the duties of the Treasurer. Dave Gordon said he asked the Board for an audit or
some form of accountability. Dave Gordon said he was then removed as Treasurer at a secret Board
meeting. PATV Board meetings had always been on the third Thursday of the month but the special
meeting to remove Shutt and Dave Gordon was held with only three days notice. Hillie said is not the
case it was a secret meeting and that the bylaws were followed and appropriated notice was given. Brett
Gordon said the regular third Thursday meeting was not held and the meeting essentially moved up two
days on short notice. Hagen said that PATV Board meetings have always been the third Thursday and
Commission members have always been welcome at those meetings. If he had decided to attend the
Board meeting it would have already been held. Hillie said that there was an emergency meeting held
because there was a problem with checks not being signed. It takes two signatories on a check and Shutt
and Dave Gordon refused to do so to force Goding to do what they wanted him to do. Mekies noted that
the PATV bylaws require 4 calendar days notice for a meeting. The meeting was held on Tuesday the 13
and the letter containing the meeting notice was sent on Friday the 9`h so at best it could be received on
Saturday. Mekies asked if there was an effort to inquire of Board members if they were available to meet
on Tuesday. Phillips said that Goding called Board members and majority of them said they could make
it on the 13`h. Mekies asked if Shutt and Dave Gordon were given a chance to explain their actions at the
meeting on the 13`h. Hillie said they were invited but were not at that meeting. Hagen asked for
clarification if the meeting on the 13`h was the regular third Thursday meeting that was moved up two
days or an emergency meeting. Hardy suggested that it might be more efficient for him and Brau to listen
to the opposing parties concerns outside of the Commission meeting and report back to the Commission
on what was said. Mekies suggested two Commissioners participate. Brett Gordon moved and Mekies
seconded a motion to form a committee of Hagen, Mekies, Brau and Hardy to listen to the concerns of the
opposing parties. The motion passed unanimously. Mekies said the perception of any one access channel
reflects on all the other access channels. The public generally does not make a distinction among the
access channels. The role of the Commission is to make recommendations to the City Council so the
Commission could listen to the parties and make a recommendation to the City Council. Newell said the
real issue is a dispute between individuals rather than among the PATV Board.
TRIENNIAL REVIEW
Hardy said there is no legal requirement to finish the Triennial Review by year's end and suggested that
Commissioners consider areas that interest them.
ALLIANCE FOR COMMUNITY MEDIA CONFERENCE
Hoerschelman reported he attended the regional Alliance for Community Media Conference. PATV staff
taped some of the sessions. Hoerschelman made a presentation on streaming video.
ADJOURNMENT
Kemp moved and Brett Gordon seconded a motion to adjourn. The motion passed unanimously.
Adjournment was at 6:58.
Respectfully submitted,
Mike Brau
Cable TV Administrative Aide
Iowa City
ry
Public Libra
BOARD OF TRUSTEES
Minutes of the Regular Meeting
Mav 22. 2008
3b 12
FINAL APPROVED
Members Present: Thomas Dean, John Kenyon, William Korf, Thomas Martin, Mary New, Meredith
Rich-Chappell, Leon Spies
Members Absent: Linzee McCray, Michael Cohen
Staff Present: Barb Black, Terri Byers, Maeve Clark, Susan Craig, Beth Daly, Debb Green, Heidi
Lauritzen, Patty McCarthy, Hal Penick
Call Meeting to Order
Dean chaired the meeting in the absence of McCray. Dean called the meeting to order at 5:01 pm.
Public Discussion
None.
Approval of Minutes
The Minutes of the Regular Meeting of April 24, 2008 were reviewed. A motion to approve the Regular
Minutes as written was made by Korf and seconded by New. Motion passed 7/0.
Unfinished Business
None.
New Business
A. Library Board Policy #702: Library Programs Policy: This is a regularly scheduled policy review.
Dean proposed an amendment to the proposed policy: add to 702.8 the language, "as well as
available library resources". A motion to approve the Library Programs Policy with changes as
recommended by staff and amended by the Board was made by Kenyon and seconded by
Spies. Motion passed 7/0.
B. Library Board Policy #703: Cable Television Channel Programming Policy: This is a regularly
scheduled policy review. A motion to approve the Cable Television Channel Programming
Policy with changes as recommended by staff was made by Korf and seconded by New. Motion
passed 7/0.
C. Security Cameras: Board members received a letter from the Des Moines ACLU, reporting the
receipt of complaints about surveillance cameras in the Library's restrooms and urging the
Board to "review the reasons why the use of surveillance cameras were adopted and to
consider whether less intrusive measures might provide more reasonable alternatives." After
going over reasons the Library installed security cameras (for the protection of Library patrons
and materials) and the success rate (catching thieves and the perpetrator of an assault), the
Board affirmed the need for restroom surveillance. Signs are posted in restrooms: "Notice:
Cameras in use for safety and security". Also, Craig assured the Board that the cameras are
pointed at the sink and not at urinals or stalls. Nothing is seen that would not be seen by a
person walking in to the restroom, and images are only reviewed in response to an incident.
A motion to ask the Eric Goers, Assistant City Attorney, to write a response to this letter on
behalf of the Board was made by Spies and seconded by Rich-Chappell. Motion passed 7/0.
Staff Reports
Department Reports
• Adult Services: The new policy of arranging DVDs by genre has resulted in high patron
satisfaction. Logsden is confident that the rate of borrowing has increased, and is waiting for the
statistics report to support her observations.
Circulation Services: This summer, due to new federal guidelines, ICPL will not be able to pay
IC Transit for special routes for the "Ride the Library Bus" program. Instead, with the "Every Bus
is a Library Bus" program, children and their caregivers can show a library card and ride any city
bus for free to the downtown interchange during off-peak hours. Kenyon asked about the budget
for the program. Craig replied that the "Every Bus" program will be funded out of the "Ride 'n'
Read" budget, and overages may be covered with undesignated gift money.
In other Circulation news, Lauritzen and other staff have made one school visit and registered
56 children for library cards so far. Four more visits are planned.
• Information Services: Board members were impressed with the success of the Volunteer
Income Tax Assistance program this year. VITA Volunteers are from the University of Iowa
Accounting Fraternity, Beta Alpha Psi. Dean mentioned that Joyce Berg of Beta Alpha Psi
received a state award for her work with the VITA program.
The Information Services department sponsored Money Smart week, during which the public
could learn about identity theft and credit scores. Document Destruction and Recycling Services
of Cedar Rapids brought secure bins to the Library and the Recreation Center. The public was
encouraged to bring old documents for shredding. Clark hopes to increase the number of
Money Smart programs next year, as well as to offer more chances for shredding.
Development Office: McCarthy relayed news that the Building the Collection event raised more
than $39,000. This is a little less than the event raised in 2007, but considering the economy, it
was very successful. The next fundraising event, Altered Books Exhibit and Silent Auction, will
be held on Friday, June 6, 2008, in conjunction with the Iowa Arts Festival in downtown Iowa
City. Trustees were invited to participate by creating a piece of art or by bidding on an auction
item.
Public Reception for New City Manager: The Trustees were encouraged to attend the upcoming public
reception for Michael A. Lombardo, new Iowa City Manager, Thursday, June 5, between 4:00 pm and
6:30 pm. Craig met with Lombardo twice since he was hired. She reported that he is a library user.
They spoke about registering his son for the ICPL Summer Reading Program. Lombardo seemed
receptive to an invitation to attend a future ICPL staff meeting.
Iowa City Arts Festival: Sunday, June 8 will be Children's Day in downtown Iowa City. Children's Day is
apart of the Iowa Arts Festival and is sponsored by ICPL. Children's Day is also the first day to register
for Summer Reading Program. Debb Green is looking for volunteers, and of course, encourages
everyone to bring a child (or come alone) and enjoy the fun. There are a lot of fun activities, plus great
acts at the Family Stage.
Reader Report: This month's Gazette column was a piece on teen reading, written by Jason Paulios,
ICPL Young Adult Librarian.
Miscellaneous:
• Irving Weber Days - Logsden invited the Board to the return of the "Ice Cream Social and
Family Festival" Saturday, May 31, 2008. 1:00-4:00 p.m., City Park, Iowa City. Weber Days
celebrate Iowa City history.
• Building the Collection article: The Iowa City Press Citizen ran a piece on the Building the
Collection event.
• Community Attitude and Interest Survey -Iowa City Parks `n' Recreation conducted a survey of
Iowa City residents. 63% of Iowa Citians interviewed reported that they have used the Iowa City
Public Library during the past year, more than any other activity suggested.
President's Report
Dean reported that he is now the University of Iowa representative to the Iowa Humanities Board. He
plans to continue to advocate for libraries with that group. The Iowa City Public Library has received
mini-grants from the Iowa Humanities Board.
Announcements from Members
Korf distributed flyers from the Iowa City Early Keyboard Society. He strongly recommended that Board
members attend the final 2007-2008 event. Pieter-Jan Belder will be playing the harpsichord on Friday,
May 23, at the Harper Hall on the UI campus.
Martin described his recent trip with State Librarian Mary Wegner and members of the Iowa Library
Association to Washington, DC. The group lobbied for support for libraries. All of the legislators they
met were enthusiastic about libraries and were impressed with ICPL's "Ride the Library Bus" program.
Spies thanked Martin for attending and complimented him on his descriptions of his activities.
Korf asked if the Library would be open the following Monday. Craig responded that Memorial Day is
one of the few days of the year that the Library is closed. Other days are: New Year's Day,
Independence Day; Labor Day, Thanksgiving Day, Inservice Day, and Christmas Day.
Committee Reports
Director Evaluation: Kenyon, Cohen, and McCray have been interviewing staff about Craig and her
performance as Director. The committee will present an evaluation at the June meeting. Kenyon said
that he found the process very instructive and recommended that all Trustees be on the Evaluation
Committee at some point.
Communications
None.
Disbursements
The Visa expenditures for April 2008 were reviewed. A motion to approve the disbursements for
April 2008 was made by Spies and seconded by Kenyon. Motion carried 7/0.
Set Agenda Order for June Meeting
Director evaluation
Develop ideas for the Board Annual Report
Adjournment
A motion to adjourn the meeting was made by Rich-Chappell and seconded by Spies. Motion carried
7/0. McCray declared the meeting adjourned at 5:55 pm.
Respectfully submitted,
Beth Daly
Board or Commission: ICPL Board of Trustees
ATTENDANCE RECORD
CALENDAR YEAR 2008
Meetin Date
Name EXrm 1/27/08 2/28/08 3/27/08. 4/24/08 5/22/08 6/26/08 7/24/OF
Michael Cohen 7/Ol / 13 x O/E x x O/E x
Thomas Dean 7/Ol /09 x x x x x O/E
John Kenyon 7/Ol /13 x x x x x x
Bill Korf 7/01 /09 x x x x x x
Tom Martin 6/30/1 1 x x x O/E x x
Linzee McCray 7/01 /09 x x x x O/E O/E
Mary New 7/Ol /07 x O/E x x x x
Meredith
Rich-Cha el 6/30/ 1 1 x x x O/E x x
Leon Spies 6/30/ 1 1 x x O/E O/E x x
A. KEY: X =Present
O =Absent
O/E =Absent/Excused
NM = No meeting
Res =Resigned
07-15-08
3b 13
MINUTES
IOWA CITY HUMAN RIGHTS COMMISSION
TUESDAY, May 20, 2008
LOBBY CONFERENCE ROOM, CITY HALL
FINAL
Members Present: Dell Briggs, Yolanda Spears, Florence Ejiwale, Kate Karacay, Eric Kusiak,
Corey Stoglin.
Staff Present: Stefanie Bowers.
Call to Order
Karacay called the meeting to order at 7:02 p.m.
Recommendations to Council (Become effective only after separate Council action): None.
Consideration of the Minutes of the April 22, 2008 meet
Minutes approved 6-0.
CPS Final Report
Stoglin reported on a class action suit being filed against the State of Iowa alleging
discrimination in hiring practices.
Town and Gown Presentation
Bowers reported that the University of Iowa and the Iowa City Human Rights Commission will
collaborate on several programs scheduled for the summer and fall of 2008. Meetings are
being held to determine the actual content of the programs.
Discrimination Outreach Programming
The Commission will do outreach that will include advertising on Mediacom and City Channel
4. An insert will also be placed in water bills reminding residents of Fair Housing laws.
Mr. Eze Presentation
Mr. Eze will present his program September 24 at 7 p.m. at the Iowa City Public Library.
Human Rights Breakfast
Wallace D. Loh will be the keynote speaker at the Breakfast. Mr. Loh is the newly hired
Provost and Executive Vice President for the University of Iowa. A subcommittee will be
selected at the July meeting.
Programming for 2008
Commissioners discussed upcoming programming they would like to hold and the various
venues for such programming including showing a film on immigration and holding a half day
Leadership Program.
Reports of Commissioners
Ejiwale reported on the great weather. Kusiak attended Is Hate Speech Free Speech at the
University and found the program informative. Stoglin will be attending the State
Democratic Convention as a delegate in June.
Adjournment
There being no further business before the Commission, the meeting was adjourned at
7:41 p.m.
Board or Commission: Human Rights
ATTENDANCE RECORD
YEAR 2008
(Meeting Date)
NAME TERM
EXP.
1/22
2/26
3125
4/22
5/20
6124
7/22
8/26
9/23
10/28
11/25
12/23
Florence
Ejiwale 1/1/09 X X X X X
Kate Karacay 1/1/09 X X X O X
Martha
Lubaroff 1/1/09 O X X X O
Newman
Abuissa 1/1/10 X X X X O
Joy Kross 1/1/10 X O X X O
Eric Kusiak 1/1/10 X X O X X
Dell Briggs 1/1/11 O X X O X
Yolanda Spears 1/1/11 X O X X X
Corey Stoglin 1/1/11 X X X O X
KEY: X =Present NMNQ - No meeting, no quorum
O =Absent
NM = No meeting
3b 14 ~
MINUTES APPROVED
IOWA CITY BOARD OF ADJUSTMENT
MAY 14, 2008 - 5:00 PM
EMMA J. HARVAT HALL
Members Present: Michelle Payne, Caroline Sheerin, Ned Wood, Edgar Thornton
Members Excused: Karen Leigh
Staff Present: Sarah Walz, Sarah Holocek
Others Present: Shawn Lueth of Shive-Hattery Engineers, Trevor Huffaker of
BCM Architects
CALL TO ORDER:
The meeting was called to order at 5:05 p.m.
An opening statement was read by the Chair outlining the role and purpose of the Board and the
procedures governing the proceedings.
ROLL CALL: Wood, Sheerin and Payne were present at the time of roll call.
CONSIDERATION OF THE APRIL 9, 2008:
Payne motioned to accept the April 9, 2008, minutes. Sheerin seconded. The motion carried
3-0 (Thornton not present for this vote).
SPECIAL EXCEPTIONS:
EXC08-00007: Discussion of an application from Hoover Heights Investors for a special
exception for adrive-through facility in the CC-2 zone on Lot 49 of Olde Towne Village.
Walz stated that the property now known as Olde Town Village was annexed into Iowa City in
2001. The property was zoned CC-2 with a conditional zoning agreement that required that
commercial area fit into a town square/neighborhood design, something which was part of the
Northeast District Plan. A pedestrian orientation and emphasis was preeminent to this plan. In
2006, the Board of Adjustment considered a special exception for adrive-through bank facility
on the corner of Scott Boulevard and Rochester Avenue. The Board approved that application
subject to substantial landscaping, especially facing the residential zone on the opposite side of
Scott Boulevard.
Walz explained that the current applicant is proposing adrive-through coffee and ice cream
restaurant for the northwest portion of Plat 49. The drive-through lane is adjacent to Rochester
Avenue, which is a public street. Access to this particular lot is provided by Eastbury Drive and
Westbury Drive, which are private streets within the commercial development. The applicant
has proposed aone-lane drive-through, which is approximately 15 feet wide at its widest point in
Iowa City Board of Adjustment
May 14, 2008
Page 2
the northwest section of the lot. Walz stated that Staff had encouraged the applicant to locate the
proposed drive-through in this area because with the conditional zoning agreement, it was not
desirable to see a sort of frontage road running along the development. It was Staff's desire to
have the drive-through hidden behind the building and away from the pedestrian areas.
Walz said that the specific approval criteria for drive-throughs in a CC-2 zone is that the number
ofdrive-through lanes and stacking spaces are appropriate for the area. The stacking spaces,
Walz explained, are the spaces where cars wait to get either to the order board or the service
window. In this application, there are two stacking spaces at the service window, and three at the
order board. Staff believes that this is appropriate for this use. Any additional stacking that may
need to take place would do so in private parking areas. Staff finds that the proposed drive-
through is appropriately located and is the appropriate size for the use.
Walz stated that another thing to keep in mind is that the undeveloped land north of Rochester
Avenue is designated in the Comprehensive Plan as future residential property. While there has
been some discussion that that land may be preserved in its undeveloped state, there is no
contractual conservation agreement in place for that land, therefore Staff must go forward
presuming the future use of that land to be residential. As a result, the drive-through should be
designed with that use in mind. Walz said the applicant has provided all of the required S-2
landscape screening, the low, shrub landscape screening, to screen the entire parking lot area
from Rochester Avenue and along the drive-through lane as well. Walz points out that there is
also a significant change in grade from Rochester Avenue to the property which further screens
the drive-through lane. Staff believes that the transportation system is capable of safely
supporting the proposed use in addition to its current uses. Transportation planners who have
looked at the plan believe it is designed appropriately and will not pose safety, traffic, or
pedestrian travel problems. Walz said that Staff does believe a sign at the end of the drive-
through would be helpful in preventing traffic from entering in the wrong direction.
Walz stated that the drive-through must be set back at least ten feet from the property line and
that the site plan does show that to be the case. Because the drive-through is adjacent to a
residential zone, the zoning code requires an S-3 landscape screening, which is a taller kind of
screening; however, Staff feels that because of the significant change in grade, the S-2 landscape
screening is sufficient. Lighting for the drive-through must comply with the outdoor lighting
standards in the zoning code, and the applicant will have to have all lighting reviewed by the
Building Department as part of their application for the building permit.
Walz stated that the general criteria for a special exception are as follows: the specific proposed
exception will not be detrimental, or endanger the public health, safety, comfort or general
welfare. Walz stated that because of the additional set-back from the road, the additional
distance from the residential zone across the street, the changing grade and the landscape
screening, Staff believes that this is appropriate and that it is a safe use. Those same issues come
into play when looking at the second criteria of the proposed exception which is that the
proposed exception will not being injurious to the use and enjoyment of other property in the
immediate vicinity and will not substantially diminish or impair property values, Walz said. The
Iowa City Board of Adjustment
May 14, 2008
Page 3
normal development and improvement of surrounding property will not be impeded by this
proposed exception because of the set-back and the screening, and because the adjacent property
will back up against the drive-through. Adequate utilities, access roads, drainage and/or other
facilities have been or are being provided, according to Walz. Adequate measures have or will
be taken to provide ingress or egress to minimize traffic congestion. Staff does not anticipate a
problem as all traffic will be going in and out on private roads, nor does it anticipate stacking
beyond the parking area. The site plan is in compliance with the conditional zoning agreement,
Walz said, and will be reviewed again by the Building Department when the final plans are
submitted. The proposed use, Walz said, will be consistent with the Comprehensive Plan as
amended. Walz reiterated that the entire commercial zone for that area is subject to a conditional
zoning agreement to ensure that it does meet the standards of the Comprehensive Plan and the
concept of the neighborhood/pedestrian-friendly commercial development.
For the reasons stated, Walz said, Staff recommends that the special exception and application
for adrive-through restaurant on Lot 49, Olde Towne Village, be approved subject to substantial
compliance with the site plan submitted, and limiting the hours of operation from 6:00 a.m. to
midnight. Walz added that the reason for the limitation on hours of operation is because of its
adjacency to residential zones.
Walz asked if the Board had any questions.
Payne asked if the ten-foot landscape screening buffer was intended to be along both the north
and the west property line. Walz replied that it was.
Wood posed a question as to whether the pedestrian aspect of the conditional zoning agreement
was consistent with the idea of this drive-through. Walz replied that Staff felt it was consistent
in the sense that the design of the buildings, the way that they front onto the street and the
additional depth of the sidewalks running along those streets, are pedestrian oriented. Staff's
view was that the conditional zoning was not intended to be restrictive against all uses that
involved automobiles, but that the limiting of the drive-through to one lane was significant in
approving this plan. Walz noted that requests for additional drive-throughs in that area may
require greater scrutiny.
Wood and Payne inquired about the small lot to the west of the proposed lot. Payne asked what
could be built on this small lot, and if it would be something that someone may be walking from
that lot to the proposed lot. Walz replied that the original plan had anticipated a daycare center
and outdoor play center at that lot. While she did not know if that was the current plan for the
lot, she said that the space was appropriate for a retail use. Walz pointed out that the side facing
the drive-through would be the back side of the building and that all of the entrances would be on
the east side. There would be no doors, other than perhaps a service door, that opened out onto
the drive-through side.
Woods invited the applicant to speak.
Iowa City Board of Adjustment
May 14, 2008
Page 4
Shawn Lueth with Shive-Hattery Engineers, representing Hoover Heights Investors, offered to
answer any questions for the Board.
Wood asked about the hours of operation, 6:00 a.m. to midnight, and if they would be
appropriate limits for the business. Lueth replied that based on the owners intention of having
the business be more of a coffee-shop type facility in the morning and in the afternoon adeli-
shop or Dairy Queen, the limits do seem appropriate.
Sheerin asked if it would be only adrive-through facility. Lueth replied that there would also be
seating in the establishment.
Wood asked if there were other parties wishing to speak in favor of the application. No one
came forward. Wood asked if anyone wished to speak against the application. No one came
forward.
Wood closed the public hearing.
Thornton offered his apologies to the Board for being late to the meeting.
Payne motioned to accept an application for adrive-through restaurant on Lot 49 of Olde Towne
Village subject to substantial compliance with the site plan submitted and limiting the hours of
operation from 6:00 a.m. to midnight.
Thornton seconded the motion.
Wood asked for Board discussion on the issue. There was none.
Payne offered the following findings of fact for the general approval criteria: this will not be
detrimental to adjacent residential properties or detract from or interrupt pedestrian circulation
due to the fact that it does not connect directly to the two major streets (Scott Boulevard and
Rochester Avenue) but has the two private streets; the transportation system is capable of safely
supporting the proposed use because of the two access points from Scott Boulevard and
Rochester Avenue; the two stacking spaces at the service window and the three stacking spaces
at the order board will also prevent any additional back-up of the traffic; the set-back is at least
ten feet from the adjacent lots and the public rights of way, and will be screened to the S-2
standard on both the north and west property lines; the lighting will comply with the outdoor
lighting standards in the code and will be designed to minimize glare onto the neighboring
residential properties.
Payne stated that the special exception requirements were met in the following ways: this
proposed exception will not be detrimental to or endanger the public health, safety, comfort or
general welfare because of everything addressed in the specific exceptions and also the location
of the drive-through is to the rear of the building and has the additional set-back from Rochester
Avenue along with the S-2 screening that separates the drive-through from the adjacent lots. It
will not be injurious to the use and enjoyment of other property in the immediate vicinity and
will not substantially diminish or impair property values as long as the hours of operation for the
Iowa City Board of Adjustment
May 14, 2008
Page 5
drive-through are no later than midnight. It will not impede the orderly development or
improvement of surrounding properties due to the way they've designed stacking spaces and if
they use directional signage within the lot. Adequate utilities, access roads, drainage and other
necessary facilities will be addressed with the commercial development of the lot. They have
taken adequate measures to address traffic congestion on the public streets by the way they've
designed the drive-through to avoid stacking onto the streets. The applicable regulations or
standards of the zone will be complied with in the final site plan. The proposed use will be
consistent with the Comprehensive Plan as amended, and meets the more specific goals of the
Northeast District Plan; specifically, by placing the drive-through to the rear of the building and
screening its view, it will not detract from the surrounding uses. For all of these reasons, Payne
said, she believes that the applicant is in compliance and she will vote for accepting their special
exception.
Thornton stated that as a resident of the community he can see that this particular application is
consistent with the type of development that is going on in the community. He likes the fact that
the applicant has taken measures to be consistent with the development going on in the area, and
in light of the fact that the bank drive-through had previously been approved, he believes
approving this drive-through would be consistent for the Board. Because the drive-through is
consistent with the Comprehensive Plan, will not impact traffic congestion, has shown
substantial efforts to provide visual screening, and the stacking issues have been addressed,
Thornton stated that he would vote in favor of the special exception.
Sheerin stated that according to the staff report and the testimony, the facilities seem to comply
with the plan for the area, the pedestrian nature of the building area, the required lighting and
visual screening, and the appropriate traffic flow requirements. Sheerin said she believed the
application was consistent with all requirements and she would vote in favor of it.
Wood stated that he thought the drive-through looked like a very good plan and that the area
would be lucky to have an establishment like this. He likes the idea of this area as a pedestrian -
oriented development zone. For this reason, he said, he would be voting against the Special
Exception, as he feels adrive-through works against that pedestrian aspect of the area. He thinks
this pedestrian-modeled development will be a very exciting one for the community, and that a
drive-through is inconsistent with the pedestrian nature of the area. All that his colleagues had
said, Wood acknowledged, was true; however, it is also true that the drive-through is inconsistent
with the conditional zoning agreement in his opinion.
A vote was taken. The motion passed 3-1 (Wood voting no). Wood advised that anyone
wishing to appeal this decision may do so in a court of record within thirty days of the decision
being filed with the City Clerk's Office.
EXC08-00008: Discussion of an application submitted by Parkview Church for a special
exception for an addition to a church in the RS-5 zone at 15 Foster Road.
Iowa City Board of Adjustment
May 14, 2008
Page 6
Walz stated that Parkview Church is a large church located at the entryway to the city along
Dubuque Street. Walz said that when the application first came forward it was going to be a
two-part application for a special exception. and a variance. The variance application is still
being completed, Walz explained, but it is being completed for a portion of the existing building
that is adjacent to the addition and does not have any impact on the addition whatsoever. The
variance will be considered at the next Board of Adjustment meeting.
The proposed addition is 12,825 square feet. Any additions or establishments of churches
within residential zones always have to come before the Board of Adjustment as special
exceptions. The specific criteria include that the church must have access to roads that are 28-
feet or greater. In this instance, traffic circulates primarily to and from the church on Dubuque
Street and Foster Road, both wider than 28-feet. The minimum setback for religious uses in the
RS-5 zone is 20-feet, and this church does maintain those setbacks on all three streets on which it
fronts. A 50-feet setback is required for the church building itself and in this case, that is
exceeded. The proposed use will be designed to be compatible with adjacent uses. The Board of
Adjustment will consider aspects of the proposed uses such as: the site size and the types and
amounts of paved areas. The Board may deny use, or require additional measures to mitigate
uses that it deems out of scale, incompatible or out of character with surrounding residential
areas.
Walz stated that the addition will consume up to 25 parking spaces from the parking lot. In
terms of compatibility, the addition will meet the maximum height standards for a residential
zone of 35-feet. With this addition, the church would be required to provide the low S-2
screening between their parking lot and Foster Road, as well as meeting that same standard by
filling in gaps along the street nearest Idyllwild. Parking and traffic flow are generally the two
biggest issues considered by the neighborhood in church expansions, and the fact that this
expansion will not require additional parking makes it a little bit easier to recommend. The
proposed use will not have significant effects on the livability of the nearby areas due to noise,
glare from lights, hours of operation, odors or litter that will not be mitigated by the required S-2
screening.
If the proposed use is in a residential zone, it must comply with the multi-family site
development standards as set forth in section 14-2-b-6. Those standards deal with the portion of
the church facing the street, which in this case, is more than 200 feet long. The standards are set
up to avoid long, blank facades facing streets. Projections, recesses, changes in the roofline and
changes in the materials are built into the design to comply with this requirement.
Walz then discussed the general standards, stating that the specific proposed exception will not
be detrimental to or endanger the public health, safety, comfort, or general welfare. This is true
because the site will not initiate any additional traffic or require additional ingress or egress. The
proposed exception will not be injurious to the use or enjoyment of the immediate property in the
vicinity or substantially diminish or impair property values because it is not changing the traffic
flow and because of the additional view screening going in around the church parking lot. The
exception will not impede the normal and orderly development or improvement of surrounding
Iowa City Board of Adjustment
May 14, 2008
Page 7
property for the same reasons previously stated. Adequate utilities and access are being
provided. Drainage issues will be addressed as part of the permitting process and the church is
aware and has agreed to that. Measures do not need to be taken to provide ingress or egress as
no additional traffic is being generated by this proposed addition.
Walz reiterated that the screening will have to come into compliance and all other aspects of the
proposed addition will be reviewed as part of site-plan review to make sure they comply with all
other code requirements. Walz felt she should mention, because of that variance coming up next
month with regard to the flood-plain regulations, that this addition will meet all of the standards
of the flood-plain regulations. Walz stated that of primary concern was that the addition be built
to one foot above the one-hundred year flood elevation level.
Walz stated that the Comprehensive Plan calls for uses such as this in residential neighborhoods
so long as they meet the criteria of the zoning code and complement rather than detract from the
neighborhood.
Walz stated that Staff recommends that EXC08-00008, an application for a special exception to
allow the 12,825 square foot addition to the church building for classroom and related uses be
approved subject to submittal of a landscaping plan to bring the non-conforming parking area
into compliance with current perimeter screening requirements, and subject to improvements to
the drainage system for the southeast portion of the parking area. Walz stated that a number of
things have to fall in place in order for the church to build this addition, so they are asking for an
extension from the normal 6-month period to an 18-month period. This is often done for
churches and school sites, Walz said, as they typically require more coordination and work.
Staff recommends approval of this extension as well, Walz said.
Wood asked for clarification on the variance the church would be requesting and whether or not
it would be for flood plain regulations. Walz replied that the variance will be for interior
portions of the existing building which is contiguous with this addition. This addition does not
depend on that variance. This addition will be built to all current flood regulations.
Thornton asked for clarification on the parking spaces that would be lost to the church in creating
this addition. Walz replied that the addition will not generate any additional need for parking
because they are not expanding the large, Sunday service spaces, rather rooms that are used for
other things not necessarily concurrent with the Sunday services. Walz said the applicant may be
better equipped to expand on that. Thornton said he just was wondering if losing the spaces and
it having no impact on parking needs was realistic because it is such a large congregation.
Sheerin asked how many parking spaces the church had. Walz said she believed they had
approximately 500 spaces. Sheerin asked if an a-mail submitted to the Board earlier by Walz
from a concerned resident in the area had anything to do with the parking issues they were
currently discussing. Walz replied that it did not and that she had included it tonight because in
addition to the writer's concern about the variance the church would be requesting, the writer
was also concerned about parking and so Walz felt she should include it with the evening's
materials. Walz said that she had explained to the e-mail's author that the church would be
Iowa City Board of Adjustment
May 14, 2008
Page 8
required to provide additional screening. Sheerin asked if the writer's concern about lost green
space did not then speak to this issue. Walz said that it could be considered, but that she was not
sure that this is what the author was talking about. Sheerin said that she had visited the site and
it did seem as though the addition would bump right up against Taft Speedway. Walz and Payne
pointed out that the 23-foot setback would still be maintained, and the screening would be
between the parking area and Taft, not between the building and Taft.
Wood stated that he was concerned about all of the traffic to and from the Peninsula
Development and on Foster Road. Walz stated that the traffic signals that had recently been
installed on Foster Road were intended to address these concerns and according to traffic
planners, are accomplishing their goals.
Wood invited the applicant to speak.
Trevor Huffaker with BCM Architects spoke on behalf of Parkview Church. He stated that
Parkview Church has been going through a lot of master planning over the last two or three years
to try to look at the long-term vision of the church. Through this process, Parkview has
identified three different phases of building. The current application is for the designed
development of Phase 1, which consists of the addition and remodel being discussed. The long-
term vision is to potentially expand the worship space up to a 1,500-2,000 seat sanctuary,
provide new atrium and social gathering spaces, expand the daycare, and provide some youth
ministry accommodations. Right now, the church is in the process of designing Phase 1. if the
special exception is approved by the Board, Parkview will then go to the congregation and
explain where they are in the process and do fund raising. Parkview has been working with the
City for a couple of years to determine exactly what requirements they need to meet. Currently
there are about 500 parking spaces provided, which is more than adequate for current worship
services. Although Parkview feels that in doing their parking lot and previous addition back in
2000 they did a good job of providing landscape screening, additional green screening would be
provided to fill in gaps with this addition.
Parkview's master plan includes the current proposed addition and renovation. Additionally,
there is a Phase 2 which is the early childhood/daycare facilities they are looking to expand.
Phase 3 is going to be the widened sanctuary space. There is no current timeline on Phases 2 &
3. For the current project, to allow Parkview to build to the south would require basically re-
working the interior of the adjacent area, which is what the variance that will be put forth in next
month's meeting concerns. The new addition will comply with all of the flood planning
requirements. The current building was 18-inches above the current hundred-year flood level.
Recent changes have basically raised the floodplain so that the current building is approximately
6 inches above the floodplain, although the new addition will be the full 18 inches above
floodplain. Two larger auditorium spaces and a cluster of about five new classrooms will be
added in the proposed addition. Parkview is trying to match the context of the addition with the
present church, and to break up the mass of the long wall to add elements of interest and break
up the big-box sort of appearance that could otherwise result.
Iowa City Board of Adjustment
May 14, 2008
Page 9
Thornton noted in their recommendations that most of the services would take place on the
weekend and so building the addition would not necessarily add to activity on church grounds.
He pointed out, however, that there already have been some congestion problems in the past. He
wondered if there would be additional activity going on in the addition during the week that
might cause concerns for traffic congestion.
Huffaker replied that they are not anticipating additional traffic flow as far as the Sunday
services go, but that the addition would provide additional break-out spaces for meetings and
things of that nature to take place. During the week, there could be a larger flow of traffic, but it
would not be in conjunction with a larger service that would take place. He pointed out that one
of the advantages of this site is that it is close to Dubuque and Foster so you are not really
driving through residential areas, but on collectors and arterials. The spaces are for youth
services, youth ministry and some adult services so it is really kind of an extension of current
activities.
Wood asked what activities that take place in the week would not involve a lot of people. The
response was that the larger auditorium seats around 250 people, but that does not necessarily
mean it would direct 250 people there each time. It would most likely be used in the evening for
the most part.
Wood stated that the goal was to accommodate 1,500-2,000 people in the future. He asked how
many people were church members presently. The answer given was that that number is after
the phase 3 additions were completed, and that there are presently about 1,314 members.
Walz clarified that each additional phase of building or any portion thereof would require
additional special exceptions.
Wood invited anyone else with comments for or against the special exception to address the
Board. There were no comments in either case.
Wood closed the public hearing.
Payne motioned to approve an application for a special exception to allow a 12, 825 square foot
addition for a church building and related classrooms to be approved subject to submittal of a
landscaping plan to bring the non-conforming parking area into compliance with current
perimeter screening requirements, and subject to improvements to the drainage system for the
southeast portion of the parking area. She noted that this was exception EXC08-00008, and that
she would like to add to that that the Board give them an extension of 18-months to apply for
their permit.
Sheerin seconded the motion.
Wood invited discussion by the Board.
Thornton asked when the last time such an extension was granted by the Board. Walz replied
that she believed that it was in the case of a Korean Methodist church about a year ago. She
Iowa City Board of Adjustment
May 14, 2008
Page ] 0
noted that the Board often gives such exceptions in the case of private schools and churches; the
reason being that frequently the group must do fund-raising. In this case, there is a lot of
engineering and permits that have to be taken into account in regard to the floodplain, and it just
allows some additional time to have that work done. Walz said that it is very common with
churches to grant that extension.
Thornton offered the following findings of fact: the general standards are met in that the
proposed project will not endanger the public health, safety, and comfort; it does not appear to
have an impact on traffic; the church will comply with the multiple family design standards; the
church is making additional efforts to come into compliance with the landscaping screening
requirements in the area; adequate utilities, access roads and drainage are available in the area;
adequate measures have been take to provide ingress and egress design to minimize traffic
congestion; unique drainage, open space and landscaping issues will be addressed by the church;
and the use is consistent with the Comprehensive Plan.
Payne addressed the specific criteria. Both Dubuque Street and Foster Road meet or exceed the
28-foot width requirement for a road. The church also meets the 20-foot setback from all sides,
and will continue to even with the new addition. The addition is designed to complement the
existing architecture of the building, and the church has addressed concerns with the south side
of the facade by breaking up the large mass with recesses and projections. The church has
proposed to provide the required S-2 screening. There are no additional parking spaces required
for the addition, and the loss of the 25 parking spaces will not affect member parking. The
proposed addition will not have significant adverse affects on nearby residential uses due to
noise, glare from lights, late-night operations or odors because the addition will not greatly
increase traffic in the area or have any other significant adverse affects on the neighborhood.
The proposed addition does comply with the multi-family site development standards by
dividing the facade into smaller sections with variations.
Sheerin stated that based on the evidence presented she finds that the proposal has adequate
setbacks, adequate parking, and does not seem to disrupt the other buildings in the area in terms
of light or noise or odors. The facade has been addressed by breaking it up. There are adequate
utilities, and there does not seem to be an issue with traffic.
Wood stated that he agrees with the statements of his colleagues. He believes the general
standards have been met. He will be very happy to see the drainage issues resolved as he was
out there recently and everything was flooded. He worries a little bit about the size and mass of
the building in this area, but because it is on the edge of a residential area he thinks it might be
acceptable there. He did not believe that traffic would be impacted as no real growth was
involved in the current expansion. He stated that he would vote in favor of the exception.
A vote was taken and the motion was declared approved, 4-0. Wood stated that anyone wishing
to appeal this decision to a court of record may do so within thirty days of the decision being
filed with the City Clerk's Office.
Wood asked if there was other business to address.
Iowa City Board of Adjustment
May 14, 2008
Page 11
Walz extended an invitation to the Board to attend a public reception to meet the new City
Manager.
Walz also checked in with Board members concerning availability for the June l lt" meeting.
Walz asked the Board to let her know as soon as possible if there were conflicts with their
schedules that would preclude them from attending the meeting, so that she could keep
applicants advised. Holocek pointed out that sometimes applicants are hesitant to go before a
meeting with only three Board members present as it does take three members to approve an
application.
Holocek updated Board Members on pending litigation, and advised them that she would be
contacting them for their schedules in order to complete depositions.
Thornton asked for an update on recent training completed by Wood, and was advised by Walz
that she would keep him apprised of further training opportunities.
Walz reminded Board Members that their role is as interpreters of zoning codes and they should
be comfortable voting their consciences when their own findings of fact do not necessarily agree
with the assessment given by Staff, just as they are comfortable when agreeing with staff
assessment. She pointed to Wood's vote on the drive-through exception as an example of this.
The Board and Staff held further discussions regarding various scenarios in which disagreements
between the Board and Staff based on findings of fact would be justified.
Payne motioned to adjourn the meeting. Thornton seconded. All voted in favor of adjournment,
4-0.
The meeting was adjourned at 6:33 p.m.
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FINAL/APPROVED
POLICE CITIZENS REVIEW BOARD
MINUTES -June 10, 2008
3b 15
CALL TO ORDER: Vice Chair Elizabeth Engel called the meeting to order at 5:30 p.m.
MEMBERS PRESENT: Loren Horton, Donald King, and Greg Roth
MEMBERS ABSENT: Michael Larson
STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle
STAFF ABSENT: None
OTHERS PRESENT: Captain Tom Widmer and Lieutenant Rick Wyss of the ICPD; and public,
Dean Abel
RECOMMENDATIONS TO COUNCIL
(1) Accept PCRB Report on Complaint #08-03
CONSENT
CALENDAR Motion by Horton and seconded by King to adopt the consent calendar as presented
or amended.
• Minutes of the meeting on 05/13/08
• ICPD General Order 00-03 (Less Lethal Impact Munitions)
Motion carried, 4/0, Larson absent.
OLD BUSINESS Future Forums -The Board reviewed the draft agenda and media release. There
was also discussion regarding moving the meeting location to Harvat Hall in City
Hall. Discussion will continue at the Board's next scheduled meeting.
NEW BUSINESS None.
PUBLIC
DISCUSSION Abel is glad to see that the Board is addressing the upcoming forum and that the
history of the Board will be revisited.
BOARD
INFORMATION None.
STAFF
INFORMATION None.
EXECUTIVE
SESSION Motion by Roth and seconded by King 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
PCRB
June 10, 2008
Page 2
required by law, rule or procedure that are made to a government body or to any of
its employees by identified persons outside of government, to the extent that the
government body receiving those communications from such persons outside of
government could reasonably believe that those persons would be discouraged from
making them to that government body if they were available for general public
examination.
Motion carried, 4/0, Larson absent.
Open session adjourned at 5:41 P.M.
REGULAR
SESSION Returned to open session at 6:12 P.M.
Motion by Horton, seconded by King to set the level of review for Complaint #08-01
to: 8-8-7 (B)(1)(a), On the record with no additional investigation.
Motion carried, 4/0, Larson absent.
Motion by Horton, seconded by King to set the level of review for Complaint #08-02
to: 8-8-7 (B)(1)(a), On the record with no additional investigation.
Motion carried, 4/0, Larson absent.
Motion by Horton, seconded by Roth to summarily dismiss Complaint #08-03 as
required by the City Code, Section 8-8-3 E, stating that only those complaints which
do not involve the conduct of an Iowa City sworn police officer may be subject to
summary dismissal by the board.
Motion carried, 4/0, Larson absent.
Motion by Roth, seconded by King to move the July 8th meeting to July 1Sc
Motion carried, 4/0, Larson absent.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• July 1, 2008, 5:30 P.M., Lobby Conference Room
• July 8, 2008, 5:30 P. M., Lobby Conference Room (RESCHEDULED TO 7/1)
• August 12, 2008, 5:30 P.M., Lobby Conference Room
• September 9, 2008, 5:30 P.M., Lobby Conference Room
Engel does not think she will be in town for the July 1St meeting. She will check her
schedule and get back to staff.
ADJOURNMENT Motion for adjournment by Roth and seconded by King.
Motion carried, 4/0, Larson absent. Meeting adjourned at 6:16 P.M.
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PCRB REPORT OF SUMMARY DISMISSAL TO THE CITY
COUNCIL
Re: Investigation of Complaint PCRB #08-03
Complaint PCRB #08-03, filed February 29, 2008, was summarily
dismissed as required by the city Code, Section 8-8-3 E, requiring that only those
complaints which do not involve the conduct of an Iowa City sworn police officer
may be subject to summary dismissal by the board.
DATED: June 11, 2008
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