HomeMy WebLinkAbout2008-08-11 Bd Comm minutes2b 1
MINUTES
PLANNING AND ZONING COMMISSION
JULY 3, 2008 - 7:30 PM -FORMAL
CITY HALL, EMMA J. HARVAT HALL
APPROVED
MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Elizabeth Koppes, Wally Plahutnik, Tim
Weitzel,
MEMBERS EXCUSED: Josh Busard
STAFF PRESENT: Bob Miklo, Sarah Greenwood-Hektoen
OTHERS PRESENT: Mary Gravitt, Jacki Cook-Haxby, Scott Sanders, Jeremy Carter, Ryan
Horn, Wally Taylor, Tom Carsner, Gary Sanders
RECOMMENDATIONS TO CITY COUNCIL:
Recommend approval by a vote of 4-1 item 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, conditional upon:
1. The most recent concept plan and elevations submitted and presented to the Commission on
7/3/2008 are being included with the Conditional Zoning Agreement.
2. The three perpendicular parking lot medians are noted on the plan as being of nine-to-ten
feet.
3. The location of a bus shelter shall be included on the plan.
4. A third free-standing sign may be located on Ruppert Road, with the other two locations
remaining as shown on the Concept Plan.
CALL TO ORDER:
The meeting was called to order at 7:37 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 July 3, 2008.
Miklo stated that this afternoon a revised plan had been received for this property. The plan was revised
as was discussed at the last formal meeting and at the informal meeting on Monday (6/30/2008). One
parking space was removed from each row allowing everything to shift nine feet to the north. This allowed
nine additional feet to be added to the pedestrian walkway in the front of the building, and the addition of
new and larger landscaping areas beyond what was presented in the previous plan. This was initially
suggested by Staff, and was indicated by a majority of the Commission that this was something they too
wished to see.
Some of the other minor landscaping deficiencies have also been corrected. There is now S-2 screening,
low shrubbery screening two-to-four feet in height, around the perimeter of the parking lot. That issue has
been resolved. There is a possible issue along the property line with the auto dealership in that there is a
ten-foot easement. Some of the trees and shrubs planned for that area may need to be moved as the City
Engineer does not want to see large plantings in an easement. Miklo said that code would still need to be
met if this was done. He said there might be a slight change between what is called for in this concept
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July 3, 2008 -Formal
Page 2
plan and what is implemented at the site plan, at least in the location of trees, if not in the number of trees
near the easement.
Another question that came up in the Monday informal meeting was whether the standard in the zoning
code requiring that no section in a parking lot could be more than 200 feet applied to certain portions of
this parking lot. Mikto said that portions of the parking lot are broken down into smaller areas by either
medians or pedestrian ways. Across the parking lot, from east to west, it clearly meets the requirement.
The question was whether that break had to be a drive or if it could be a median. Miklo said that Staff's
interpretation of the code, based on illustrations of the code, was that it could be either a median or a
drive. Staffs interpretation, therefore, was that that aspect of the site plan meets code requirements.
Then there was the question of whether the 200 feet was being exceeded in length, the north to south
dimension of the parking lot. Miklo said that the ordinance does provide for some flexibility on this issue,
and then read directly from the code, "Some parking areas may not easily accommodate the techniques
described above, such as long narrow parking lots, so other options may be approved by the Director of
Planning, such as the use of landscape islands to interrupt parking aisles." That, Miklo said, is what Staff
feels is being done in this plan by the tree islands, which are lined up so that there is no area greater than
200 feet without a break in the space. Miklo pointed out that the language in the code says "such as long
narrow parking lots," not "only long narrow parking lots," and it is this flexibility in the language from which
Staff draws its opinion.
Miklo reminded the Commission that the plan before them was a concept plan and that the goal is to
achieve this plan when the site plan is approved administratively at a later date. The Conditional Zoning
Agreement (CZA) will contain this plan. The plan will generally be adhered to, with minor adjustments in
dimensions being permitted. Miklo said that there are some aspects of the plan that seem to be not fully
compliant with code. Staff feels that those items are fairly minor. Miklo advised that approving this plan
would not excuse those items still out of compliance with code from being brought into compliance. One
such issue is that code states that when you have a pedestrian way through the parking lot you have to
have shrubs on either side of it to buffer the pedestrian way. Based on Staff s quick review of the plan, it
does not appear that the current plan complies with the code. Miklo said that if the Commission passed
this plan on to City Council, those shrubs would still have to be added at a later date.
Miklo said that there was a question at the informal meeting about putting the actual dimensions of the
medians on the plan. Most of the medians are ten feet, some of them are greater. Wal-Mart's engineer
was reluctant to put the dimensions on the plan in case a minor adjustment for an easement or something
similar was required at a later date. Miklo said that perhaps the best answer would be to provide a range
on the plan: if the plan shows a ten foot median, it could be written on the plan as a nine to ten foot
median. Miklo said he believed this to be a fairly minor point and that the Commission would have to
determine if it was concerned enough about variations in the dimensions that they would actually want
this information added to the plan before it goes to Council.
Miklo said the Commission has new elevation drawings which show the additional landscaping areas in
front of the store. While the drawing shows evergreen trees, the applicant has agreed to replace those
with shade trees. In other areas, around the perimeter of the site, evergreens are more appropriate.
Two diagrams that had been shared with Miklo on Monday by the applicant were presented. These
diagrams showed the amount of impervious surface in the current site and that in the proposed plan.
Overall, Miklo said, there is an increase of 2 acres of unpaved or green space in the new plan versus the
old plan.
At this point, Miklo said, with a few minor exceptions with regard to landscaping requirements, the plan
does meet the minimum requirements of the code for a site plan such as this. The aspects in question will
be brought into compliance before Staff would be able to issue a building permit for site plan approval.
The final aspect of the plan the Commission is being asked to amend concerns afree-standing sign.
There are currently two sign locations on Highway 1. The CZA limits the overall development to two free-
standing signs. The applicant is requesting an additional sign on Ruppert Road. In absence of an
amendment to the CZA, a monument sign would be allowable in that location, but a pole sign would not.
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July 3, 2008 -Formal
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At this point, Miklo stated, the Commission is being asked to approve a substitute site plan for the one
that was approved in 1989, and a revised elevation plan as well.
Miklo stated that he would be happy to try to answer any questions the Commission might have.
Eastham asked for clarification of the most current number of parking spaces, stating that the plan still
indicated that number to be 859. Miklo replied that he believed the number 859 was incorrect, but that he
would defer to the applicant's engineer for the current number. He believed that number did not address
the removal of the 20-some parking spaces that made room for the additional landscaping. Freerks and
Eastham expressed concerns that the parking had actually increased based on the information presented
to them in the Monday informal meeting, and that further clarification would be helpful in determining if
their directions for more green space had been met. Miklo again stated that by his count the parking had
decreased from Monday's meeting, but that the applicant's engineer was best suited to answer this
question.
Eastham requested that the topic turn back to the ordinance requiring the break-up of large parking lots
into smaller areas, and the way in which that requirement is being met in this case. Eastham said that in
his view that third paragraph which provides some exceptions in long narrow parking lots is difficult to
relate to this parking area, which stretches over seven acres. Eastham said that he did not see how this
could be considered an "unusual" parking lot. That aside, Eastham said, the islands that go east and west
and divide the overall area into two large areas are shown as being of dimensions much larger than the
other islands in the plan. In his view, Eastham said, the width of those islands would make a lot of
difference in whether or not the code objective of having large areas divided visually into smaller areas
had been met. Those islands seem to be in the neighborhood of 15 or more feet in width, Eastham said,
which does much more than an island of eight feet.
Eastham asked for clarification on a gray area shown on the diagram which seemed to indicate the
median stops before it intersects the aisle. Miklo replied that this could be for drainage, or to let
pedestrians through, or simply a shadow on the drawing, and that it was best to have the engineer
address this question. Eastham said that he asked because the code is very clear that all aisles have to
be end-capped. Miklo said he believed that reference was regarding the end of the aisle.
The public hearing was opened. The applicant was invited to address the Commission.
Dennis Mitchell spoke on behalf of the applicant. He said that he believed the most recent plan did
address the concerns raised by both Staff and the Commission. Mitchell said if there were any minor
issues remaining that had been overlooked, it is Wal-Mart's intention to comply with the ordinance.
Mitchell said that he did feel comfortable saying that Wal-Mart has really made some good-faith efforts to
go above and beyond the requirements of the code, particularly in terms of landscaping, to address the
concerns expressed by the Commission and by Staff. The other thing to keep in mind, Mitchell said, was
that Wal-Mart is doing the right thing by trying to redevelop this site rather than build a store somewhere
else. This, he said, does provide a benefit to the community, does not add to urban sprawl, adds green
space, and provides economic benefit to the city as a whole and the neighbors in the vicinity. Mitchell
stated that while this is a concept plan, he had every expectation that City Staff would make sure that
Wal-Mart does comply with what is before the Commission. Wal-Mart has no intention of coming back
and making any substantial variation from that plan, Mitchell assured Commission members. While he
understands the concerns expressed that the prior developer had not substantially conformed to the CZA,
he wanted to make sure that the Commission understood that Wal-Mart was not that developer, and that
Wal-Mart will move forward as quickly as possible on this plan if it is approved, and will proceed with all of
the discussion and agreements fresh in its mind. Mitchell said that he is very confident that the
Commission will see substantial conformance with this plan. Mitchell then introduced a number of other
people who would be speaking on Wal-Mart's behalf at the meeting.
Eastham said to Mitchell that Mitchell had just asked him to consider a number of items in weighing his
decision, among them: change to the tax base, economic benefit, and redevelopment of the site.
Eastham said that as he understood the code he is supposed to look at the Comprehensive Plan and the
ordinance that governs large parking lots and large "Big Box" stores. Eastham said he did not see
economic development, tax base or any of those factors in the code. He asked Mitchell if he was
suggesting that there were some factors he ought to be considering that are not in the code. Mitchell
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July 3, 2008 -Formal
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replied that this project is going to meet code and that he simple brings those things up because with this
site there was a preexisting CZA that is being amended, and as a result Wal-Mart is begin asked to go
above and beyond what the ordinance requires. Mitchell said he thinks this is going to be a great project
and that certainly the city is going to be better off with having this site redeveloped rather than having
Wal-Mart look somewhere else to do that.
Greenwood-Hektoen advised that some of the things mentioned are in fact part of the Comprehensive
Plan, such as encouraging economic development and economic stability. Eastham said that he would be
happy to get into that sort of a discussion if she felt it was appropriate, but that he just didn't think that
was what he was being asked to do here. Freerks said she believed it was very common for people to
mention those types of things in their presentations and that she did not believe anything was meant by it.
Jeremy Carter, civil engineer for the project, went over the revisions to the plans. The existing site is
25.16 acres, with the existing building taking up roughly 199,000 square feet when the Wal-Mart, Cub
Foods and Staples buildings are all considered. The existing parking lot is approximately 1200 spaces.
The plan is to keep the existing building open while the proposed building is built, and to then tear down
the old building. One of the concerns expressed by Housing Inspection Services (HIS) has been in regard
to the parking requirements. All parking requirements must continue to be met even during all aspects of
construction. Carter said that they anticipate at this time that that will happen; all minimums for parking
will be met at all times.
Carter briefly reviewed the various areas of the plan, including the three entrance vestibules, the truck-
delivery areas, and the compressor unit area for the refrigerated equipment. Carter also updated the
Commission on landscaping areas that have been added near the vestibule areas.
Carter pointed out the major change in the new site plan as being the end-capped islands, which have
been moved to allow for more planting between the building and the parking, as requested by the
Commission and Staff. The current parking count, Carter said, is 838 spaces.
One of the other areas of concern included the Ruppert Road side of the building. Planters have replaced
previously shown striping, a 30-foot drive aisle has been added, and there is now six-feet from the back of
the sidewalk to the curb for most of that area (one exception is an area slightly pinched by the detention
basin).
Carter said that they believed an area on the Ruppert Road side if the building would be the perfect spot
for the bus stop, and that they were working with Transit to establish that route.
Semi-trucks do occasionally need to stock the Garden Center, Carter said, and concern had been
expressed regarding the mix of car and truck traffic in that area. The new plan calls for the trucks to
simply turn around and go back out they way they came in, avoiding any mingling with car traffic at all. In
adding that turnaround area, Wal-Mart had the opportunity to recapture some parking spaces along the
side of the building. Freerks asked how many parking spaces had been added to that area. Carter said
that he did not have the exact number of spaces before him, but that the new spots were taken into
account in the 838 total parking spots he mentioned earlier.
Carter noted that there is a space for a horse hutch provided that was requested by the Mennonites. The
hutch is roughly three parking spaces wide and is shaded with water and bucket hooks available.
Eastham wondered if the bus stop on the far eastern side of the building might not meet the needs of
disabled passengers, as it seems quite far from the entrance vestibules. Carter replied that the distance
from the bus stop to the door is roughly the same as the distance from the back of a handicap stall to the
door. Carter added that the advantage to having the bus stop where it is, is that people who are disabled
riders will not have to cross any driveways.
Carter stated that the proposed retail area is reduced by 9,212 square feet from the current site and that
the parking lot area has been reduced by over 350 spaces. Currently there are 5.7 acres of green space,
26% of the entire site. The proposed plan has 8.58 acres of green space, or 34% of the entire site. 2.1
acres of green space is an increase of 30% over what is there today. If only the green space between the
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July 3, 2008 -Formal
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parking lot and the building is counted (not the pond area), the internal green space is increased by 150%
over the current space.
Traffic circulations on the new site plan are the same as in the previous plan, other than the truck
turnaround in the Garden Center which was previously noted.
A visual aid was shared that overlaid the proposed green space with the current green space. Carter
noted that per the ordinance, the minimum area for an island that has a tree is 256 square feet. The
average island in the site plan is around 500 square feet, though some are as large as 700 square feet.
Carter offered to answer questions before asking Scott Sanders to come speak before the Commission.
There were no questions at that time.
Scott Sanders, landscape architect for the project, thanked the Commission for the opportunity to address
them directly. Sanders said he is thankful for the increased opportunities to do landscaping on this site.
One of the significant changes Carter discussed between the existing site and the new site is the changes
in green space. Sanders said that the changes in the interior green space are what is most critical to this
project. Sanders said that while the perimeter of the site remains largely unchanged, the two acres of
green space that have been added are wholly within the parking field, an increase of 150% of plant-able
green space.
The perimeter's dimensions do not change much, but the surface and the appearance of it will change.
Around the margins of the pond, from water's edge to top of slope, native vegetation will be re-
established, using an appropriate transitional blend of prairie grass and wildflower seed mix. The required
S2 standard buffer will be maintained. There are 325 new trees being added, creating a more dramatic
backdrop and feel to the site.
As had been pointed out, Sanders said, this is still a preliminary plan, although there is no intention to
change things beyond suggested improvements. One such improvement, Sanders said, was that the go-
ahead had been given by Wal-Mart today to increase the ratio of evergreen to deciduous trees around the
perimeter of the site.
The interior space of the site is where the meat of the plan differs from what exists today. There are a
number of internal islands. The ordinance requires that any given parking stall be no more than 60-feet
from a shade tree. This plan has no parking space more than 45-feet away from a shade tree. The space
between most islands is now 90 feet. The standards are met and exceeded in regard to shade trees.
Sanders said that Eastham was exactly correct in assessing why the middle islands were by design 19-
feet in width by 40-feet in length; to provide a more pronounced visual and physical barrier of a wide
green swath through the parking lot. Just as the perpendicular median islands break up the parking lot
into smaller pieces, this large path of green space hopefully does the same on the other axis.
From previous plans, there is a fairly substantial increase in plantings in the plaza area at the front side of
the building. The linear footage of beds has gone up to ten feet wide, sufficient to have trees. The
renderings, Sanders said, by his omission do not accurately show the shade trees that will be present in
the area. The sum total of beds, including the ones that now wrap around the building, is now around
5,000 square feet of planting space.
Sanders said that a concern had been expressed as to what the finished surface of islands would be.
Sanders said that every island will be planted 100% with vegetative cover. The finished individual designs
for each island is not done yet, but Sanders did share a representative sample of end-caps and interior
islands. While the ordinance does restrict as far as height, there will be a variety including: deciduous and
evergreen ground cover, willow, sumac, a variety of junipers, some ornamental grasses and wildflowers.
The intention is now that the long ribbons in between the islands would be planted with turf grass, not
filled with shrubs. However, there is a requirement to have shrubs along the sidewalk, and as a result
these long, bold continuous green strips will be reconsidered to meet code.
Overall, Sanders said, the engineers have really done a good job of compartmentalizing the clusters of
cars with a lot of trees and green cover.
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July 3, 2008 -Formal
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Sanders offered to answer any questions the Commission might have.
Eastham said he wished to emphasize the point that the parking lot now has a number of trees in the lot
that are surrounded by a circular area that is covered in rocks. Eastham said that it is his understanding
that the applicant is saying that the ground cover in this design is going to be maintained into the 30-40
year future as green ground cover.
Sanders said that this was correct. He noted that at installation when planting shrubs and perennials, they
are not mature and there will be bark mulch there to maintain moisture. However, everything is designed
so that at maturity it will be green, vegetative cover, not exposed rock or mulch.
Jacki Cook-Haxby, architect for the project, presented changes on the elevation drawings from the last
presentation. The planters have been significantly up-graded; the codes have been met as far as the ins
and outs of building and decoration. Cook-Haxby pointed out the "iconic planter' at the front of the store
and the new Wal-Mart sign and logo. The islands in the parking lot have been added to the architectural
renderings to show the green space they will provide; they had not appeared on previous elevations
because that is a standard architectural treatment. They have added a planter that is approximately 120
feet long, planters that are anchored to the store, and in-ground planters. The planter with the "iconic tree"
has now been increased in size to about three times what it had been. The evergreen trees that appear in
the elevations will in fact be shade trees as is shown in the landscaping plan. The overhangs have also
been increased to meet the 3-foot requirement.
The side elevation has been changed to meet the requirement of no lineal length greater than 100-feet,
with at least a 3-foot extension or recession of the building. Canopies, faux window areas, and decorative
pieces along the side have also been added. At the last presentation, the side facade of the building was
26% decorated; it is now 62% decorated.
Freerks asked if bicycle parking was on the east elevation. Cook-Haxby said that a couple of different
areas have been explored and possibilities include two areas that are under a canopy for protection. Wal-
Mart uses two different types of bicycle racks: one is a standard ribbon rack and the other is a round rack.
Cook-Haxby said there is ample room in both locations to provide all of the required bicycle parking.
Because concerns had been expressed from the Commissioners regarding what the site would actually
look like from the highway, three different point-of-view drawings have been developed to demonstrate
the appearance of the store and parking lot.
The first new elevation drawing represented the view one would have if they were about to turn into the
parking lot from the highway. The second elevation represents the point-of-view from approximately the
middle of the parking lot. The third point of view shows what it looks like coming into the parking lot from
Ruppert Road. The significant amount of vegetation on the Ruppert Road side almost screens the
building, Cook-Haxby said. The Highway 1 viewpoint makes a very attractive entrance into the city.
Eastham asked to review the second elevation and asked for confirmation that this view was just to the
south of the wider landscape islands. Eastham asked if in Cook-Haxby's opinion those views are accurate
and as they will appear. Cook-Haxby said that they are; they were taken from the actual landscape plan
and overlaid onto the specific views.
There were no further questions for Cook-Haxby, who turned the microphone over to Ryan Horn.
Horn said that this endeavor has been very challenging and rewarding. He said that he believed over
1,000 hours had been put in by this team working on this plan. Horn said that a number of constraints
were faced on this project, but, he noted, creativity is the child of restraint. One constraint was that when
a Wal-Mart store makes a profit, a piece of those profits are paid out each quarter to the people who work
at that store. Horn said that Wal-Mart could not put those employees in a position where they cannot pay
for the building and cannot make a profit, so there was a financial constraint. Adding to the financial
constraint, Horn said, was the fact that compared to many of the other stores we've seen pictures of, this
Wal-Mart will have to spend 7-figures demolishing buildings. There are also safety and access restraints,
Horn said, in considering the parking lot and the ongoing construction and demolition that will go on while
the store is open. The biggest constraint, Horn said, was the constraint of time. Because of the CZA, Wal-
Mart was in a position of having to go beyond the requirements of the ordinance. This is fine, Horn said,
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July 3, 2008 -Formal
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but because there was nothing in writing before planning began outlining the steps they'd need to take
beyond the ordinance, a lot of planning has been done and re-done. Horn said that 100+ hours have
been spent with staff, 1000+ hours spent working on the project with the team; however, only about 45
minutes have been spent in front of the Commission. Horn said Miklo and his team have done a terrific
job, and that he believed Wal-Mart had now complied with every request. Horn said he brings all of this
up to make one point which is that despite all of the wonderful changes and improvements that have been
made, this is still a flawed, imperfect plan. Horn said that there probably could not be agreement of
everyone in the room of what a perfect plan is. Horn said that in wrapping up, he would just like to thank
everyone who has worked so hard on this project, and that he believes this plan will be great for Iowa City
and for its customers and for its employees. He asked that the Commission not make the perfect the
enemy of the good, and asked that they approve this plan. Once again, he thanked Miklo and his team
and the Wal-Mart team for all of their time and effort.
Freerks invited other members of the public to speak.
Mary Gravitt stated that she was a disabled senior citizen who rides the bus, and that the one question
she came away from the presentation asking was how is the bus coming in and if the bus riders are going
to have a covered shelter like the horses and the bicycles have. Gravitt was concerned about the actual
route the bus would take into the site, stating that the bus does not come in from Ruppert, but from the
highway. She asked if the bus would then swing around to the Ruppert side where Wal-Mart had
indicated the bus stop might be.
Freerks invited Miklo to address this question. Miklo said that in terms of the bus route he did not believe
the exact route had been resolved with the Transit Department. Miklo said that Transit and the applicant
would work out the route and that it was not something usually dealt with in zoning matters. Eastham
asked if it was Miklo's opinion that the bus would enter the parking lot and go to the Ruppert Road side of
the store. Miklo said that it would and that the current route comes in from Highway 1 to the store.
Eastham asked about the idea of a shelter for people waiting. Freerks said that such a shelter was
mentioned in some of the paperwork. Miklo said that, again, he did not believe it had yet been determined
by the Transit Department. He said that it was a legitimate concern and that he believed it was something
that could be worked out, but that Transit would have to approve the design and location of the shelter.
Miklo said that the shelter would certainly need to be compatible with the design of the building. Miklo
deferred to Greenwood-Hektoen on whether this should be included in the CZA. Freerks said that shelter
was the key, and Miklo added that they were talking about a shelter with a roof, not a heated space.
Weitzel said that he would be happy if the City provided the shelter as long as the applicant is willing
install it. Weitzel said that elsewhere in town people have not wanted a shelter on their property and then
it has not been able to be built as a result. Miklo said he was not sure of the details of how that would be
addressed. Greenwood-Hektoen said that that would be something they could work out with Transit if the
Commission wanted it included in the CZA. She said the Commission could mention it generally just to
make their request known and then the details could be worked out with Transit. Weitzel said that he
would like to at least pass that recommendation along to City Council.
Wally Taylor, attorney representing Iowa City Stop Wal-Mart, clarified that as he understood it, the
proposal before the Commission was one to amend the CZA so that it does away entirely with the original
concept for this property of apedestrian-friendly grouping of businesses and allows a super "Big Box"
store with a large parking lot instead of the original concept. Taylor said that it is not about just the color of
the building or the evenness of the facade or the number of trees or anything like that, but that the
Commission is being asked to change the entire concept of this area. Taylor said that if that was what the
Commission wished to do that is fine, but that where we really need to go with the economy in this day
and age is to small, local, pedestrian-friendly businesses, that provide businesses and jobs for many
different kinds of people, not just one mega-store that gobbles up everything. Taylor said that he believed
Eastham was correct at the outset in saying that the primary consideration at hand is proper land use, not
jobs, increased tax base, or economic development in general. Taylor said there was some inference that
the Comprehensive Plan talks about economic development. Most Comprehensive Plans do, he said, in
the sense that zoning and land use decisions should help promote the general welfare and the general
economy. Taylor said that his point was that every zoning application he has seen in Iowa has an
applicant that comes in and says they will provide jobs and increased tax base and economic
development and that is why their plan should be approved. Taylor said that the reasons given are not
because it is a good use of the land or because it promotes all of the other many factors that should be
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considered; the applicant wants you to focus on those promises of economic development which often do
not come to fruition. Most importantly, Taylor said, those are not the considerations that should be taken
into account. Instead, Planning and Zoning Commissions should focus on whether or not this is the best
use of the land, or if there is a better way to do it, a way that would actually be better for the economy,
providing more jobs and businesses. Taylor said that for too long in Iowa, developers and corporations
have been allowed to get rezoning and changes in land use on whims, simply because they wanted it.
Taylor said that Iowa has not yet really looked at what zoning and land use should be. Zoning is to
provide a rational, stable system of land use, so that it makes sense, so that uses of land are compatible
with each other. They are intended to provide the person who buys a business or a home with a certain
level of assurance in what the land around them is going to be for the foreseeable future. Taylor said that
that is not to say that land use never changes, but that changes should be on a stable, rational,
comprehensive basis, not an ad hoc basis. Taylor said that he believes this kind of ad hoc land use is
what we are seeing here. This concept plan, he said, has been around since 1989, and though it has
never been followed the way it should be, that is no reason to throw it out now. That is what the plan was,
what it should be, and what is best for Iowa City. Taylor asked the Commission to look at zoning and
land-use as it should be and to look to the future and our economy, taking into account sustainable
economies, sustainable land-use and small, local development. Taylor said that he believed that if the
Commission did that they would not approve this wholesale change in the concept for this property as
was set out in the original CZA.
Tom Carsner said that he thought there were at least two larger questions that are very important for the
Commission to think about. Remember, Carsner said, Wal-Mart is asking the Commission to change the
current plan of this piece of land. Carsner asked why one store would be better than the original plan of
multiple, six to eight, stores. Carsner said that he believed this was very important for the Commission to
think about. Carsner said that he can remember downtown Iowa City being a draw for people because of
its unique, off-beat stores. The move toward dominance, actual monopolization, of an area is one reason
why those unique, off-beat stores are not downtown anymore. Carsner said that approval of this plan
would only continue that trend, and would be bad for the community. When you have one store, Carsner
said, you compromise on prices, variety, choices of whether you'd like to buy union made products,
whether you'd like to consider countries of origin where a product was made, whether you'd like to
consider the conditions of the worker who made it, etc. Carsner said that when you only have one
company to go to for your needs, you really no longer have choice. If there are multiple stores,
comparison shopping can be done and more choices are offered. This is one of the larger questions
Carsner asked the Commission to consider: why is one store better than six to eight stores.
Carsner said that his second question had to do with why does the City even have zoning, or make
agreements and amendments if no one is watching to see that developers comply with these
agreements. Carsner acknowledged that Wal-Mart had taken over this agreement from the developer, but
he asked why even have agreements at all if they go eighteen years without being enforced. Carsner
asked how many years it would actually take to comply if eighteen years had not been enough time.
Carsner said that he was pretty sure that the City would find out if he was not complying with the plan that
he gave them if he was adding on to his house or his garage. Carsner said he could possibly put them off
for a week, but the inspector would find him soon enough, and there would be consequences for his
noncompliance. Perhaps, Carsner said, the lesson is that if you are going to violate an agreement you
should do it big, do it huge, and do it on a large scale. Apparently, the City cannot find Wal-Mart, Carsner
said. Carsner said that he thinks that it is important that if the City is going to make agreements with
companies that they are held to some kind of compliance, and that there be consequences for
noncompliance. Carsner thanked the Commission for considering these two larger questions that he put
before them.
Gary Sanders thanked Wal-Mart for their very detailed plan. Sanders stated that the previous CZA was
not adhered to, and asked if everyone was in agreement with that. Sanders specifically asked Miklo if he
agreed with that statement. Greenwood-Hektoen interjected that she was not sure that was really relevant
to the discussion. Sanders said that her point was interesting because that was what he was going to
bring up next. Sanders stated that he did not know if the City Attorney present believes that failure to
comply with the original CZA was a reason to vote "no" on the application request. Sanders said that it
seemed to be what she was saying. Sanders said he would like to remind everyone that that is simply an
opinion, the opinion of the City Attorney present, and, he assumes, the legal staff. Sanders said that that
opinion is not law. His lawyer, Sanders said, has a different opinion. Sanders said that what he learned in
Planning and Zoning Commission
July 3, 2008 -Formal
Page 9
the last round was that the City Attorney can have an opinion, his attorney can have an opinion, and then
it is up to judges to decide. Sanders said that he was not certain that his side was right on this, but he
said that believes they are. Sanders said that he believes that if the previous CZA was not adhered to
then the Planning and Zoning Commission has the right to vote "no" on this proposal. Sanders said that
he thinks that this situation will get very, very interesting. He said that he is not looking for a big fight
because he is still tired and still owes Taylor money from the last time. He reiterated that he believes that
it is within the jurisdiction of the Planning and Zoning Commission to vote "no" because the previous
agreement was not adhered to.
Gravitt returned to the podium and stated that she is from Philadelphia, and she knows what an empty
building can do to a city. Gravitt said that if Wal-Mart decided to pull out, with Cub Foods empty and the
rumor that Staples is pulling out, the empty buildings will prevent Iowa City from looking like a prosperous
city. Gravitt said that the Coral Ridge Mall killed Iowa City, and that what saved Iowa City was the
University moving into the Old Capitol Center. Gravitt said that she did not know what the previous
agreement was, but that in the past she was against Wal-Mart. She said that she can see the way the
economy is going and that she believes we are close to a recession and a depression. Gravitt said that
Wal-Mart has money and can pay taxes and that that is what we need. Gravitt said that she likes her
comfortable life in Iowa City and wishes to continue it, but that you cannot have empty buildings and
remain a healthy city. Gravitt asked what multiple stores would possibly go out in that space. She said
Iowa City has multiple stores, and small businesses going out of business because there is no money in
this economy to support a small business. Gravitt said she had to tell the truth the way she sees it.
Freerks invited further comment on the matter. As there was none, the public hearing was closed.
Weitzel reported an ex parte conversation with Gary Sanders in which he ran into him at the New Pioneer
Co-op recently and basically informed Sanders that he was unable to discuss the issue.
Freerks outlined three options for moving forward. Freerks said that the Commission could 1) vote to
approve the plan as it had been presented, 2) vote to approve it subject to any items that the Commission
might want to add to it or wish to have clarified, or 3) or the Commission can deny the application. Freerks
invited a motion.
Koppes motioned to approve 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,
subject to the addition of a bus shelter on the property.
Eastham seconded the motion.
Miklo added a clarification that he believed at some point the Commission should either include in the
motion or amend the motion to address how the Commission wishes to handle the request for a third
free-standing sign.
Koppes amended her motion to include the addition of a third free-standing sign on the Ruppert Road
side of the site.
Eastham seconded the amendment to the motion.
Freerks invited discussion among Commission members.
Eastham stated that he is interested in a third condition requiring a minimum median width for the three
long perpendicular parking lot medians specified as nine-to-ten feet on the concept plan when it is
developed into the site plan. Eastham said he realized that the applicant is proceeding in good faith;
however, for him it is helpful to be specific about the required median widths because it is such a large
parking area.
Freerks invited a second.
Plahutnik seconded.
Planning and Zoning Commission
July 3, 2008 -Formal
Page 10
Koppes asked how this third condition would be handled and if the Commission voted on it separately
Greenwood-Hektoen asked if Eastham had made a motion to amend. Eastham said that that had been
his intention. Greenwood-Hektoen asked if Freerks wished to call the question. Miklo said that he wished
to clarify which medians to which Eastham was referring. Eastham said that he was referring to the three
long medians shown on the concept plan that divide the aisles.
Freerks stated that there was a motion and a second on the floor to add to that amendment Eastham's
motion. A vote was taken.
The motion to add the amendment to the motion passed 4-1 (Koppes opposed).
Freerks said that she has some questions when it comes to approving or disapproving a concept, which
of the many variations of the reworked plan the Commission was actually voting on. Miklo said that for
clarity's sake the black and white version of the plan was the most recent and up-to-date.
Eastham stated that as he understands it the motion is to approve the concept plan with the addition that
a bus shelter will be provided on the site (though not necessarily funded by the applicant, Koppes added),
and a third sign will be approved on the Ruppert Road side. Eastham said that his discussion points
include the notion that this proposed use does meet the provisions of the Comprehensive Plan, in
general, for this district. The Comprehensive Plan includes aland-use scenario using land in this area in
this matter. This parcel is already zoned CC-2, which permits retail uses without regard to their size.
Eastham asked Staff or the City Attorney to comment specifically about the current concept plan that may
or may not be in existence on this parcel and whether or not or exactly how the Commission would be
changing that.
Miklo said that what the Commission would be doing is substituting the original plan for Wal-Mart and an
L-shaped shopping center (later amended by the City Council to allow for Staples in lieu of smaller
shops), for the proposed plan. Essentially, that plan would go away, and this plan (including its elevation
drawings) would replace it.
Eastham continued, saying that zoning is amended in many areas all of the time, and that in his view
there is adequate land zoned for commercial use of all types throughout the community. Eastham said
that he did not know of a specific need for additional zoning that is directed specifically toward small retail
establishments or businesses. Eastham said that if there were, he would be happy to address that, but
that he just does not see how applying a new concept plan for this particular parcel precludes retail
opportunities for small businesses generally in the community.
Eastham said that he would like to comment on some statements made by the applicant's representatives
regarding their version of how the development of this concept plan has evolved. Eastham said that his
understanding is more that the Commission has asked the applicant to make a number of changes and
they have habitually agreed to those changes. Eastham said he did not hold the viewpoint that the
applicant has been willing in every instance to accommodate Staff and Commission requests on this
particular matter.
Eastham said that he continues to have some doubts on the interpretation of the zoning codes pertaining
to dividing large parking areas into smaller lots and whether that requirement is met in this instance.
Eastham said he does agree with Staffs comments that the aisles that are shown on this concept plan
(the ones that are very wide and a third or so distance away from the highway) will have a useful visual
effect in breaking up the large parking lot into a smaller, more aesthetically pleasing parking area.
Nonetheless, he would like to revisit that language in the zoning code at some time in the future and
perhaps clarify its meaning more fully.
Plahutnik said it would give him a great deal of pleasure to approve a plan before the Commission
tonight. He stated that so far, through a kind of bureaucratic equivalent of pulling teeth, the applicant has
submitted a plan for one of the more pleasant large-scale parking lots that would be in Iowa City.
However, to Plahutnik, the whole idea of this being an entrance to Iowa City and needing special attention
by the Comprehensive Plan, limits his whole-hearted endorsement of this plan to Council for approval.
Planning and Zoning Commission
July 3, 2008 -Formal
Page 11
Plahutnik said he spent some time in the Wal-Mart parking lot today, and also spent some time in the
parking lot of Menard's (another large store with a large parking. lot). Plahutnik said that in every rezoning
he looks at he asks a couple of questions: 1) what is the applicant to gain in this, and 2) what is the
community to gain in this? In this case, Plahutnik said, he assumes that Wal-Mart has determined that
this would be a more profitable venture for them. Iowa City gains nothing by replacing some large box
structures with big parking lots with another large box structure with a big parking lot. Further, the
community loses this one opportunity to work with some sort of pedestrian-friendly, infill development
here. Plahutnik said that even if it is a large store, there are many configurations that could be used that
do not set it at the back of a many-acre parking lot. Plahutnik said that he wished he could look at the
critics of Wal-Mart and tell them that Wal-Mart was making a great investment in our community and will
serve as an anchor for our entire south side. Plahutnik said that about the only direction left to develop in
Iowa City is to the south, and somewhat to the east. Plahutnik said that if the city is not careful, it will
block itself in to the south just as we have to the north with Westcott Heights. Plahutnik said that while it
has been the bureaucratic equivalent of pulling teeth, right now there is a store, there is an agreement,
and he is content with that.
Weitzel said that in looking at the plan he does not say to himself that he loves the store and wants it here
in Iowa City, but that he has to go back to the fundamentals of what planning and zoning is about, which
is regulation of landowner rights. Weitzel said there is a decision for what is good for the community, but
there is also a lot of murkiness and 18 years of precedent in the noncompliance with the current CZA.
Weitzel said that while this might not be the kind of thing he would develop in that space, he is not the
one venturing out the capital. Weitzel said that he cannot see a strong and compelling reason not to favor
it at this time.
Freerks stated that she believed that the Commission does have the ability to look at the plan through the
CZA and adapt it to the current market needs. Freerks said that she agreed with Eastham that there is no
great need for more zoning for small retail areas. Freerks said that she also agrees with Gravitt about the
negativity of empty buildings on a city's prosperity. Freerks said that while the process had been difficult,
the current plan is much better than what Wal-Mart first presented. Because aesthetics were a part of the
first CZA, they are also something the Commission can consider at this time. Freerks acknowledged that
the minimums have been met and in some instances have been exceeded. Freerks said that she would
have liked to have seen even a little more improvement but that she is comfortable with the plan that has
been reached. She said she agrees with the need for a bus shelter, and that she is glad to see
accommodations are being made for the horses and buggies as well as the bicycles. Freerks said that
Staff and the Commission have worked hard to make this plan somewhat pedestrian friendly, since that
was a part of the initial CZA. She stated that she believed she would be in favor of the proposal.
Miklo reiterated the components of the motion: The most recent concept plan and elevations submitted
and presented tonight are being recommended to City Council with the condition that the referred to
medians be noted on the plan as being of nine-to-ten feet; that there will be language added to the written
agreement providing the location of a bus shelter, for which the building design and financial responsibility
is yet to be determined; the agreement will also provide for the third free-standing sign to be located on
Ruppert Road, with the other two signs remaining as shown.
Freerks emphasized the need to stay close to the plan that has had so much time and effort put into to it,
and to avoid the mistakes of the past. Freerks asked Miklo to clarify the path that would be taken should
the final concept plan vary much from the requirements that have been outlined. Miklo said that if one
assumes the City Council approves the amended CZA, then asite-plan and building permit would be
applied for. Staff would then review the plan in much more detail. If there was any significant variation in
the site plan from the way the CZA is drafted, then the plan would need to come back before the Planning
and Zoning Commission and City Council. Freerks said that having gotten to the point they have with the
parking area and the landscaping, she would not like to see the plan come back, but wants to see this
plan adhered to.
Eastham thanked the public for the comments on the bus shelter, as it was not something he had thought
of, and he was glad to be able to include it in the CZA. Eastham stated that a key factor for him in
considering whether to recommend this to Council or not was the addition of that nine-feet of additional
sidewalk and landscaping in the front of the store.
Planning and Zoning Commission
July 3, 2008 -Formal
Page 12
Freerks called for a vote.
The motion carried 4-1 (Plahutnik opposed).
CONSIDERATION OF MEETING MINUTES: JUNE 19, 2008:
Eastham moved to approve the meeting minutes. Plahutnik seconded
The motion carried 5-0.
OTHER:
Miklo said that it does look like there will be an agenda item for the 7/17/2008 meeting. Miklo said that it is
the type of issue where the Staff will advise the Commission not to vote at that meeting. The issue is a
rezoning matter with complex in-fill in a neighborhood. There are questions that Staff and the applicant
would like to get some direction on prior to proceeding to a final plan. Miklo said that there may be some
benefit to holding an informal meeting, but that it is not absolutely necessary. A brief discussion
determined that there would be enough for a quorum at a 7/13/2008 informal meeting. Freerks said that
she believed that it would be a good idea if it was a complicated issue.
Freerks asked for an update on Olive Court. Miklo said that that had been approved by Council on a 6-1
vote. Miklo said there were sufficient protest petitions to require six out of seven Councilors to approve
the measure. Miklo said that Matt Hayek, the opposing vote, stated that his reason for opposing the
project was that he believed the buildings were out of scale for the neighborhood. The rest of the Council
voted for it based on it being an in-fill development of a reasonable density, with a good deal of
consideration having gone into the design. The Council will have another vote to pass and adopt the
measure in July.
Galway Hills was also approved by City Council, with the addition that a speed table (which raises the
pedestrian walkway) will be incorporated into the trail that crosses Shannon Drive. There is also an
indication that once the development is built there will be other traffic calming options available if needed.
Freerks asked for the status of the development code. Miklo said that the public hearing for the
development code was held last week and that the Council did defer it. There were three or four items on
which the Council wanted further discussion. That meeting will be held 7/15/2008, Miklo said.
ADJOURNMENT:
Weitzel motioned for adjournment. Eastham seconded
The motion to adjourn carried 5-0.
The meeting was adjourned at 9:18 PM
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MINUTES APPROVED
PLANNING AND ZONING COMMISSION
JUNE 30, 2008 - 6:00 PM -INFORMAL
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: Various representatives of Wal-Mart
CALL TO ORDER:
The meeting was called to order at 6:01 p.m. by Chairperson Ann Freerks.
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 July 3, 2008.
Miklo announced that a new site plan for the project had been submitted since the last meeting of the
Planning and Zoning Commission. The plan contains several changes, including most of the items on the
sheet outlining code deficiencies which was distributed at the last meeting.
A drive in the previous plan that had been intended for mixed-use car and truck traffic has been
redesigned so that it is no longer intended for truck use. Aturn-around point has been established for
truck use, leaving the lane free for general traffic use. These changes resolve major concerns for mixing
car and truck traffic and mixing drives and aisles. Eastham asked if the radius was sufficient for truck turn
around. Miklo said that he had not yet verified that but that it could be addressed at the next meeting.
Busard added that all of the truck traffic would be coming off of Ruppert Road.
Miklo said that another concern had been a pedestrian route from Ruppert Road. Previously, the route
had been right on the curb. In the new plan it has been moved to approximately six feet off of the curb.
At one point along the existing detention basin the path goes back out to the curb for a brief distance to
accommodate the basin. Engineers have said that they will look at the possibility of redesigning that
basin; however, Staff does not feel very strongly about that as they find the new route much more
acceptable than the previous. Eastham asked if a concrete barrier or wall would be possible along that
section as an alternative to redesigning the basin. Miklo said that given that the area is 26 feet wide, he
did not feel that that would be a good solution.
In terms of the design of the building itself, Miklo said, there was an issue regarding the code requirement
that says that every 100 feet you must have at least a 3-foot variation in the wall that must be at least 20-
feet wide. The previous plan did not show this, and the current plan does not yet either, however, Miklo
said, a plan had been submitted by the architect that day that does show the 3-foot variations on the wall.
The new drawings meet the minimum of the code requirement. Additionally, some decorative awnings
and a canopy have been added. Miklo said that he could not yet verify that the new plans meet the 60%
decorative requirement as Staff does not yet have the to-scale drawings, but that he suspects the
requirement will be met by this plan. The architect had some computer problems that did not allow her to
provide the to-scale drawings at this point. Miklo said that it does appear that the Ruppert Road side of
the building and the front of the building now meet the code requirements.
Planning and Zoning Commission
June 30, 2008 -Informal
Page 2
One area in which the Commission had given pretty specific direction at the last meeting concerned
landscaping between the drive, the curb and the building itself. Miklo said that there is a desire on the
part of Wal-Mart to keep some penetration so that pedestrians can easily get to the front of the store.
One possibility that had been discussed was removing one parking spot from the end of each row of cars
and moving the parking area back to allow for more green space at the front. Wal-Mart has expressed a
desire to maintain as much parking space as possible. The suggestion was to remove roughly 20 spaces
in one area and replace them in an area off to the corner, thereby resulting in the additional 9 feet freed
up for landscaping and the pedestrian walkway. Miklo said that Wal-Mart does have some concerns
about tree grates being a trip hazard, although, he added, there are other solutions, such as: raised
planters, curbing tree wells, etc. The applicant has proposed the addition of some landscaped beds up
against the building. Miklo said that this was a judgment call for the Commission and that they needed to
ask themselves if they are satisfied with the solution. If not, Miklo said, direction would need to be
provided between now and Thursday. Freerks asked about the additional parking spaces that appear in
the plan since the insertion of the flower beds at the front of the store. Miklo said that the previous plan
had a total of 836 spaces; the current plan has 859, a total addition of 23 spaces. Greenwood-Hektoen
pointed out that small islands were added at the end of the handicap-accessible parking areas.
Miklo said the current Conditional Zoning Agreement (CZA) specifies a maximum of two free-standing
signs for the development. Afree-standing sign is essentially a pole sign where the pole can be 25-feet
tall, rather typical of strip developments. Miklo said that the applicant has requested a third sign for this
development which had not been a part of previous discussions. Miklo pointed out that if it was not for
the CZA, the sign code would have allowed for three signs for this property. The applicant is not asking
for anything that would not have been allowed by the zoning code if the CZA were not in place.
Miklo said that the question of impervious surface had been addressed by the applicant. A graphic
overlay showing the current configuration of the store and the proposed development demonstrates a
reduction in both rooftop and overall paved area, showing that there is more green space in the proposed
plan than in the current development. Eastham asked if Miklo knew the square feet and percentages in
the reduction of impervious surface. Miklo said that the total paved area in the proposed plan was 12.28
acres; the existing is 14 acres. The proposed plan has 4.35 acres of building space, 4.56 in the existing
development. Miklo said that there is over an acre of additional green space on the site.
Miklo said that at this point the 45-day limitation was waived to July 3, 2008. Miklo said that Staff does
suggest the Commission vote on July 3`d. If there are any issues that the Commission would like to be
addressed differently, Miklo suggested they be as clear and direct as possible tonight so as to give the
applicant direction.
Weitzel asked if Westport Carwash was included in the revised CZA, and Miklo indicated that it was not
Eastham asked about bus service, and Miklo indicated the area in which the bus was intended to stop
Miklo said that the plan appears to meet the minimum code requirements. The only remaining area which
the Commission needs to determine is if it is satisfied by the landscaping plan.
Eastham and Miklo discussed the landscaping on the perimeter of the site and the fact that some of it
may need to change due to property boundaries and utility services.
Eastham asked a question about the code for large scale parking lots and whether the Wal-Mart plan
could be said to be in compliance with the language of the code. Miklo said that in the areas where the
parking lot exceeds 200 feet, the portion of the code applies that talks about the use of landscaping
islands to break up the parking area. Eastham noted that that section of the code refers to the breaks
being demarked by drives rather than aisles. Miklo checked the code and did not see a problem, and
believes the intent of the code and its illustrations are consistent with Staff's reading. Eastham
recommended clarification going forward on what the code requirements intend.
Eastham asked what the dimensions of the medians were; stating that making the parking area
aesthetically pleasing was in large part affected by the size of those medians. Miklo said that to his eye
they appeared to be ten feet. Eastham asked if it was possible to specify at the concept plan stage what
Planning and Zoning Commission
June 30, 2008 -Informal
Page 3
the median widths are, in order to ensure the widths remain that way at the time of the site plan. Miklo
said that because this was a CZA, something specific like that could be written into it.
Eastham asked about the use of ground cover. The current parking lot has trees surrounded by rock.
Eastham expressed his interest in the CZA being very clear that the cover for medians, islands and end-
caps be green and vegetative. Koppes asked if he would find bark mulch acceptable, and Eastham
replied that he would not. Eastham asked Staff to comment on the options the City has to make sure the
owners maintain green cover. Koppes said that she did not see a problem with mulch. Freerks said that
she believed the concern was to get as much green as possible as viewed from the road.
Freerks stated her disappointment that the clear direction that the Commission had given the applicant at
the last formal meeting had not been implemented. She said that making changes to the building to allow
for a wide swath of green was important to her. Weitzel said that one of the things advised in the Staff
memo was for Commissioners to decide whether the new planters adequately addressed their
landscaping concerns. Freerks said that, for her, they did not at all meet what the Commission had
specified. Weitzel said that he had seen other Wal-Marts with more landscaping in front of them and that
he thinks this is a small attempt to do that. Further, Weitzel said, the Commission had suggested
removing some parking spaces to provide additional green space, and instead, more parking spaces
have been added. Busard expressed his support for living vegetation in the islands. Freerks said that
this spoke to her concerns for the front of the building.
A representative of the applicant asked to help to clarify some of the concerns expressed by the
Commissioners, and was informed that an informal meeting is not a place where the Commission can
accept public comment, as it could be viewed as ex parte communication.
Eastham said that he did not feel the front of the store was adequate at this stage, and that there is not an
adequate limit to the appearance of the parking expanse from the street.
Koppes expressed concern that some of the expectations may be stemming from the fact that Wal-Mart
was the applicant. The other Commissioners disagreed that this played a role. Weitzel stated that with
the CZA, the Commission is trying to make a model "Big Box" development. Koppes contended that the
requirements being discussed are above and beyond what the code says. Plahutnik said that so far the
applicant had met only the minimum levels of compliance. Koppes disagreed. Freerks advised that
differing opinions were fine, and that ultimately the majority would prevail. Greenwood-Hektoen stated
that it is important to remember that it is not about "who" but "what". Eastham said that his concern was
about the appearance of the parking lot and that he did not care who owned the store. Freerks said that
she does know for a fact that there are Wal-Marts done to the landscaping standards they are requesting.
Eastham said that if the applicant has problems with including a landscaping area in the front of the store
or on one side or the other of the drive, then he would like to have the applicant show two alternatives at
the formal meeting.
Miklo said that from Staff's perspective, dragging this out anymore is not a good idea. Miklo allowed that
there could be legitimate reasons why the applicant would not want a solid strip of landscaping at the
front of the building between the parking lot and the store. Miklo said that from his perspective there is
probably a happy medium between putting the tree-lined entryway, and having nothing. Miklo said it
could be a combination of planters or tree wells.
The same applicant's representative at this point attempted to clarify the point concerning the front of the
store, this time addressing Miklo rather than the Commission. Miklo explained that it would be
inappropriate for the Commission to engage in dialogue with the applicant at an informal meeting
because the general public was not present and also able to participate.
Eastham asked Miklo if he then believed that there were workable alternatives to the kind of plan he and
Freerks were looking for. Miklo said that in his view, the only way to put in more landscape area and still
provide adequate room for pedestrians is to remove the front row of parking to pick up an additional nine
feet. Weitzel said this would also help to keep traffic slow.
Plahutnik commented that this would not be a project that he would proudly show his wife as one the
Planning and Zoning Commission
June 30, 2008 -Informal
Page 4
Commission had worked on and thereby contributed to the enhancement of Iowa City. Plahutnik said that
this was the Commission's one chance at planning, not just zoning, and that the Commission was failing.
Eastham asked if the parking lot was designed to have aisles down the smallest dimension. Miklo said
that he believed the drive down the middle is not present due to the amount of parking it would take up.
Eastham said he was asking about the orientation of the aisles and wondering if having the medians
perpendicular to the highway would improve the screening and the look from the highway.
Plahutnik said that it sounds as though the Commission will be voting on whether to approve the plan or
not. Miklo said it is possible the applicant will take suggestions from tonight's meeting and make
changes, or they could present what they have and ultimately it will be the Council that decides.
Eastham asked if the dimensions for the median were available. Miklo replied that the dimensions could
be put in the CZA.
Miklo said that what he is hearing is that the majority of Commissioners want the specifics of the
landscaping areas put into the CZA so that we do not get less than what is shown; Commissioners also
want specifics in terms of the treatment of the landscaping areas so that they are living plants, not simply
mulch or rock; several Commissioners wish to see more landscaping in the front and the applicant can
choose to go with the solution that has been offered or not; the final point to be decided is whether to
allow for an additional free-standing sign, something that would have been allowed if the CZA had not
been in place.
Eastham asked if the City could enforce the maintenance of the green space. Miklo said that if you are
once required to do something by the code or a CZA than you continue to be required in the future.
In regards to the third sign, Plahutnik said that if you are going to let someone build a building, it makes
sense to then let people know there is a business there. Freerks noted that there are no residential areas
nearby.
Weitzel said his big issue was to see the front of the store improved. Because of the CZA in place,
Weitzel said, the Commission can help to direct this project in the direction of being a model store for the
city.
Eastham asked if there were any other parking lots of this size governed by the code. Miklo said that the
only other one was Menard's.
The meeting was adjourned at 6:45 p.m.
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08-11-08
2b 3
MINUTES APPROVED
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
MAY 15, 2008
LOBBY CONFERENCE ROOM, CITY HALL
Members Present: Jerry Anthony, Steve Crane, Marcy DeFrance, Andy Douglas,
Charles Drum, Holly Jane Hart, Rebecca McMurray, Brian
Richman, Michael Shaw
Staff Present: Tracy Hightshoe
Others Present: Karen Kubby
RECOMMENDATIONS TO COUNCIL (become effective only after separate
Council action):
FY06 Annual Action Plan Amendments:
City of Iowa City Downpayment Assistance Program -Cancelled. $30,000 (CDBG)
original allocation, $1,000 spent.
The Housing Fellowship, Affordable Rental Project -Cancelled $175,000 (HOME)
FY08 Annual Action Plan Amendments:
City of Iowa City, Lead Based Paint Project - $25,000 (HOME) administrative change
Iowa Valley Habitat for Humanity, Property Acquisition - $117,000 (HOME, CDBG) to
purchase 3 lots. Habitat will purchase four lots.
Hart motioned to recommend to Council to accept the Annual Action Plan
amendments as discussed; seconded by Crane. Motion carried 9-0.
CALL TO ORDER:
Chairperson Anthony called the meeting to order at 6:35 P.M.
APPROVAL OF THE APRIL 17, 2008 MINUTES:
Hart noted that on page 7, second paragraph, where it says: "He added that the consultant
used the standard 30% on this item for rental housing but that they used a 50% standard
for ownership housing," it does not specifically state what the 30 and 50% standards are.
She suggested adding something to the effect of "median income" or "average income"
to make this clear. Drum moved to accept the minutes of the April 17, 2008 minutes
as amended; seconded by DeFrance. Motion carried 8-0.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
MAY 15, 2008
LOBBY CONFERENCE ROOM, CITY HALL
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA:
None. (McMurray arrives)
STAFF/COMMISSION COMMENT:
Hightshoe stated that the Annual Action Plan was approved and has been forwarded to
HUD. A member asked if anyone from the Housing Commission was present at the
Council meeting where the annual recommendations were approved. Douglas noted that
he read something about Southgate putting their money together with the Housing
Authority's, and he asked what precipitated this. Hightshoe stated that the Housing
Authority requested a meeting with Southgate and Lakeside (Dolphin), hoping that they
would put all of the downpayment assistance money into one pool available for
applications citywide. Dolphin was not interested in doing this and wanted their
allocation to remain for their specific project. Southgate was interested as they felt they
had potential buyers interested in their site and would apply as soon as the funds became
available. Hightshoe stated the Council reviewed this request at a work session and
decided to consolidate the Housing Authority and Southgate's allocation; however at
least 70% of the households served must be at 60% or less of area median income with
all households having to be 80% or less of area median income. Anthony shared what he
heard at both the work and formal Council meetings, as well, noting that the discussion
was rather involved. The discussion then turned to homeownership versus rental.
Hightshoe stated that they should continue this conversation later in the meeting, when
they are addressing the allocation process.
PRESENTATION BY KAREN KUBBY REGARDING A CONSENSUS
STATEMENT ON AFFORDABLE HOUSING:
Kubby addressed the commission, stating that the group she is representing is an informal
housing group made up of a variety of people. They have been meeting since the fall of
2006, typically at 7:30 A.M. on Tuesday mornings. She stated that they have been
working all this time on their consensus statement. Kubby then stated that she wanted to
share who all worked on this statement -non-profit housing developers, Al Axeen from
HACAP, Maryann Dennis from the Housing Fellowship, Mark Patton from Iowa Habitat
for Humanity, Andy Johnson, from the Housing Trust Fund of Johnson County; for-
profit, Association of Realtors, Cheryl Carroll-Nelson, C. Gordon from AM
Management, Glenn Siders from Southgate Development, Dan Smith from the Land
Development Council, and Joan Tiemeyer from the Greater Iowa City Homebuilder's
Association. Kubby continued, stating that they also had John McKinstree representing
the Council of Religious Communities, and she is a representative from FAIR. She
added that FAIR is a group that went to the Council saying, `We think there should be
some form of inclusionary housing in Iowa City.' She stated that they gave the Council
an array of research about this issue, adding that they believe if a change in policy is
going to result in actual new units of affordable housing, that mandatory inclusionary
2
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
MAY 15, 2008
LOBBY CONFERENCE ROOM, CITY HALL
zoning is needed. Kubby continued, noting that the Homebuilder's Association, both
nationally and locally, will not agree to any form of inclusionary zoning.
Kubby stated that even though the members of this informal housing group cover a wide
range of interests, they were all able to agree that what is currently happening "is not
good enough" and that there needs to be a regional approach to housing. Kubby shared
how through JCCOG they are attempting to show that this needs to be a regional
approach, and that JCCOG has a task force with all of the entities, which will be helpful
in this endeavor. She further shared how the group is working towards identifiable
annual goals that will be reported to the community. Kubby continued, stating that they
have had a difficult time finding someone from the University to join their group. She
stated that there has not been any new University-based housing since 1969, but that
there has been a huge growth in student population since that time. Housing has been
lost in the community due to the University Hospital expansions, for example, with no
replacements being built.
Kubby stated that the consultant who did the affordable Housing Study forwarded them
information on how university communities have impacted affordable housing positively,
and she is trying to read through this information. She stated that her group is trying to
challenge communities to have housing policies within the next six months, hoping that
the results of the City of Iowa City's study and this group's consensus statement might be
merged to be the basis of a housing policy. Kubby said that the group has talked a lot
about changes to the development process. She added that it was interesting to hear both
the non-profit and for-profit developers talk about the challenges in working with
development staff. One example is when there is a zoning change, especially to a
planned development, it can open up the possibility for conditional zoning agreements
and additional burdens put on the development. Another perspective is that this creates
additional opportunities for environmental protection, for affordable housing, or for other
community values. Kubby stated that one of the things they came to a consensus about is
the need to challenge the development process, to say how can it move faster so that
developers aren't spending six months getting approvals. She noted some of the items
that the group has discussed at length, one being if there is some basic criteria that have
to be met for approval, that once those basic criteria are met, anything above and beyond
that would be at the developer's discretion. She added that having some type of bonus
involved in this process is also an important concern of the group. She gave some
examples of development and how to work around the issue of mixed housing types.
Kubby stated that they are interested in incentives that would also foster partnerships
between non- and for-profit developers, something that currently does not occur. Also
discussed at length were local governments figuring out how to be more proactive about
using tax credits, and the streamlining of this process. Kubby stated that the group also
agreed that there should be some earmarked portion of bonding capacity in each entity's
budget that would be specifically for affordable housing. The group also discussed how
they could be supportive of policy makers making what can be very difficult zoning
changes, especially with increased density in already established neighborhoods. This
was specifically geared towards trying to figure out a system where FAIR and the
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
MAY 15, 2008
LOBBY CONFERENCE ROOM, CITY HALL
Consultation of Religious Communities might have some people who would be willing to
go to public hearings to voice support for increased density. Kubby added that if it were
someone from the neighborhood under discussion; that would be even better support.
Some of the areas where this group could not agree, according to Kubby, included
inclusionary zoning. She stated that the Homebuilder's group would not agree to this, but
that there were some private developers who felt that there are some areas of inclusionary
zoning that they could work with. Another item of contention involved anything that is
done should be revenue-neutral to the for-profit developers, and FAIR could not agree to
this. Kubby added that some of the discussion involved suggesting a 2% less in net
gains, which was not agreeable.
Kubby stated that the group is not exactly sure what their next step will be. What is
important, according to Kubby, is the breadth of people involved in this group and the
discussions they have been having. She hopes that the group will continue in a support
capacity for those applications they deem worthy. Kubby then offered to answer
questions for the group. Anthony noted that the range of people involved in this group is
very impressive, as is the consensus Kubby shared. Kubby added that they hope to have
a press conference and/or release with their statement, as they feel it is important to get
this information out. A member asked if the group has been able to get University
participation yet, and Kubby stated that Sandy Boyd has inquired about participating in
this group. Anthony spoke about some of the past discussions regarding University
housing, noting that around the 1960's the University found it was cheaper to let the
community take care of housing needs. Anthony asked Kubby if, in regards to the
inclusionary zoning issue, she believes the developers would participate in a conversation
with developers in other parts of the country who are very much for inclusionary zoning.
Kubby stated that she believes this would be extremely helpful, that she has hoped to find
a Midwest developer who was once against inclusionary zoning, but who now is very
much for it. She added that getting some testimonials from these developers, and then
setting up small informal meetings would be very helpful in this process.
Shaw asked Kubby further about the distinction between the type of developers and
Homebuilders, and also what the Homebuilders' opposition is. Kubby stated that
nationally the Homebuilders' group is against mandates in general. They want to develop
however they decide, without these types of restrictions. She added that the
Homebuilders represent a broad range of developers, and not all private developers
belong to the Homebuilders Association. Kubby stated that the goal is to have policies
that truly work, in order to be functional and actually increase the number of units of
rental and ownership. Anthony asked about FAIR's stance on the revenue-neutral
inclusionary zoning policy, and Kubby stated that they believe everyone should
contribute. Kubby spoke further to some of the specifics discussed by her group,
explaining the overall goals they have in mind. The issue of "fees in lieu of was touched
on briefly. Kubby added that they did discuss possibly having the Housing Trust Fund of
Johnson County be where these were housed and disbursed from. Anthony stated that
there currently is a "in lieu fee" program currently in the City, and he briefly spoke to
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
MAY l5, 2008
LOBBY CONFERENCE ROOM, CITY HALL
this. He added that the money has to be used within five years, or it has to be returned to
the developers who paid into this fund.
The discussion continued, with Kubby noting some of the core issues that the housing
group has discussed. Richman asked if the group has an opinion on the notion that there
shouldn't be more affordable housing south of Highway 6, or if they believe otherwise.
Kubby stated that as a group they do not. Anthony asked if there was any discussion by
developers on why they do not use the incentives currently in the Zoning Code. He
briefly explained what these are, noting that very little is occurring in the residential
areas. Kubby stated that there was not, that the discussion was more on the process. She
gave several examples, noting that depending on whom you are talking with about this,
the perceptions vary greatly on the problem areas. Kubby reminded members that they
can go the Housing Trust Fund of Johnson County's web site to see the full statement of
the informal housing group, and she thanked them for their time this evening.
ANNUAL ACTION PLAN AMENDMENTS:
Hightshoe noted that there has been some activity in this fiscal year regarding current and
prior projects that require an amendment to their applicable annual action plans. Two
projects from FY06 were cancelled due to lack of activity and low expenditure rates. The
first was the FY06 Iowa City CDBG Fund Downpayment Assistance Program.
Originally allocated $30,000, only $1,000 was spent for one homeowner after two years.
Due to lead-based paint regulations, the lending environment and how the process
worked few homeowners were interested in proceeding with this program. HUD
recommended the reallocation of these funds. The second project cancelled was The
Housing Fellowship's (THF) FY06 Affordable Rental Project that was allocated
$175,000. THE was unable to secure land after two years and the funds were recaptured
and reallocated with the FY09 allocation based on HUD's request.
There was an administrative change with the FY08 HOME lead allocation. Hightshoe
stated that due to the way it must be reported on HUD's system, a new project number
will not be created, but current HOME projects will receive increased funds to pay for the
necessary lead requirements until the funds are gone. The last project is Habitat for
Humanity. They received $117,000 in FY08 funds to purchase three lots. They plan to
purchase four lots. As this is over a 25% change, staff must complete an amendment.
Hightshoe responded to members' questions, further explaining some of the amendments
to projects. Hart moved to accept the Annual Action Plan amendments as discussed;
seconded by Crane. Motion carried 9-0.
SUBCOMMITTEE REPORTS: COMMUNITY DEVELOPMENT
CELEBRATION & ALLOCATION PROCESS:
Hightshoe stated that the Community Development Celebration subcommittee met today.
A couple of dates were contemplated: July 9`" or 10th. Three or four locations were
considered, however a host has not been confirmed yet. The first choice was Melrose
Ridge. Hightshoe noted that Melrose Ridge was a FY06 project of 18 units of affordable
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
MAY 15, 2008
LOBBY CONFERENCE ROOM, CITY HALL
rental housing for persons with chronic mental illness, and is located by Chatham Oaks.
Richman asked about transportation, and Hightshoe stated that there is already public
transportation to this location. If this is not possible, staff will speak with the other
agencies considered. Hightshoe then spoke briefly to the awards they present at this
celebration, asking Members to send her names of any organizations they may wish to
consider for these awards. Richman suggested some type of recognition for Kubby's
informal housing group, noting that they have made some significant contributions.
Hightshoe noted that the Allocation Process subcommittee also met. She noted that they
would be fine-tuning the application process. Drum and Crane both spoke briefly about
the various issues they addressed in this subcommittee and what they hope to accomplish.
Anthony then spoke about the public service allocations, sharing what he gleamed from
the recent City Council work session where they were discussing the allocations.
Hightshoe responded to members' questions about the allocation amounts and the
changes in recent years. Hightshoe stated that the Allocation Process subcommittee
would need to meet again to finalize some of the discussed changes. Members briefly
discussed the points given to each application and how this needs to be reviewed, as well.
DISCUSSION OF THE HOUSING MARKET ANALYSIS:
Anthony asked if they could hold off on this discussion today, considering their last
discussion and today's presentation by Kubby. He asked that the members take a
detailed look at the Housing Market Analysis so they can be better educated to respond to
it. Hart asked for clarification on student housing in this study, and Anthony responded.
MONITORING REPORTS:
HAWKEYE AREA COMMUNITY ACTION PROGRAM -TRANSITIONAL
HOUSING (RICHMAN) -Richman stated that he has not made contact yet, but will do
so before the next meeting.
GOODWILL INDUSTRIES -FACILITY REHABILITATION (DOUGLAS) -Douglas
stated that he spoke with John Watson, and they are .doing some replacement and
renovation of their First Avenue facility's loading docks. They receive a lot of their
donations and computers at this location. He stated that Goodwill has signed a contract
for the work. Hightshoe added some details, stating that they have apre-construction
meeting on the 20`h. Douglas stated that they hope to have this project completed by the
end of August.
IOWA CITY FREE MEDICAL CLINIC -ACCESSIBILITY (RICHMAN) -Richman
will make contact prior to next month's meeting.
BLOOMING GARDEN IHA LP -HOMEOWNERSHIP (DOUGLAS) -Douglas stated
that he received a message, but has not yet spoken with the owners. He noted that they
hope to start construction in June and have people moving in the first part of 09.
6
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
MAY 15, 2008
LOBBY CONFERENCE ROOM, CITY HALL
THE HOUSING FELLOWSHIP - CH~DO OPERATING (ANTHONY) -Anthony noted
that he would have contact with the Housing Fellowship prior to next month's meeting.
NEIGHBORHOOD CENTERS OF JOHNSON COUNTY -FACILITY
REHABILITATION (DEFRANCE) - DeFrance noted that she also has not made
contact, but will do so for next month's meeting.
Shaw then brought up the issue of complaints that may come through the Commission,
and if this Commission is to be part of that process. Hightshoe asked for clarification,
and Shaw stated that if there is a service user who complains about one of the
organizations funded through this allocation process, is the Commission responsible in
any way, or are they a part of the "complaint process," since they allocated the funds.
Hightshoe stated she is not sure if there is a formal process for something of this nature,
but noted that she will check on this and report back to the commission.
ADJOURNMENT:
Shaw moved to adjourn the meeting at 8:20 PM.; seconded by Defrance. Motion
carried 9-0. The next meeting is scheduled for Thursday, June 19, 2008, at 6:30 P.M. at
City Hall.
7
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MINUTES FINAL Zb 4
Youth Advisory Commission
May 14, 2008
Lobby Conference Room, City Hall
Members Present: Green, Malatek, Nelson, Weeks
Members Absent: Segar, Han
Others Present: City Clerk Karr, City Council Liaison Wilburn
Call to Order: 7:34 P.M.
Approve Minutes: Nelson moved to approve the minutes as amended. Malatek seconded. The minutes
were approved 4-0.
Update on Website: Nelson reminded the Commission to update their biographies and submit events to
the calendar.
Youth Empowerment Grant: There were no new applications for the Youth Empowerment Grant. Nelson
clarified that a member of the Commission could in fact apply for a grant. A new press release was planned,
as well as Facebook ads. Weeks agreed to make a facebook ad for West, Green agreed to make ads for
City and Regina, and Malatek agreed to make an ad for the Kirkwood network.
Summer of the Arts Update: Weeks stated that he and Segar would meet to plan activities and submit the
plan and estimated costs to Karr ahead of the June 7th date. Nelson and Green said that they would each
find volunteers for the event. Nelson suggested that pictures be taken to be posted on the website.
Make up of 2008 Subcommittees: There were no changes to the subcommittees.
Review of Present Bylaws: Weeks suggested that the requirement for making a quorum be changed to a
majority of filled positions, rather than counting the vacancies as well. Wilburn pointed out that such a
change could allow a minority of the Commission to disproportionately affect votes, as well as allowing
Commission members to skip meetings by anticipating a quorum being there. A plan to reserve spots on the
Commission for specific schools was discussed. Nelson suggested a combination scheme with some
positions reserved for schools and others open or at large. City Clerk Karr will provide the Commission with
an electronic copy of the by-laws and Commission members agreed to review (with an emphasis on
membership) submit their changes for discussion at the next meeting. Wilburn reminded the Commission
that amending the by-laws required atwo-thirds majority vote. Wilburn also spoke about a youth conference
and said he would alert the Commission when he had more information. Malatek noted that she attended a
similar conference during the creation of the YAC.
Public Discussion: None
Announcements/Invitations: The Neighborhood Centers of Johnson County thanked the Commission for
helping with their Road Race. Nelson and Karr suggested that a member of the Commission be at the
welcoming party for the new city manager. Wilburn announced that the downtown concert series was
starting for the summer.
Meeting Schedule: The next meeting was scheduled for Thursday, June 19 at 7:30 pm.
Adjournment: Motioned by Nelson, seconded by Weeks. Approved 4-0. Meeting was adjourned at 8:12
pm.
Minutes prepared by Weeks.
YOUTH ADVISORY COMMISSION
ATTENDANCE RECORD
YEAR 2008
(Meeting Date)
NAME TERM 1/16 2/25 4/21 5/14
EXP.
12/31 /09 O/E O/E O/E X
Hannah
Green
12/31/09 X X O/E O/E
Michelle
Han
12/31 /08 X X X X
Michael
Nelson
David Segar 12/31 /08 X X X O/E
Lin Weeks 12/31 /08 X X X X
Danielle 12/31/09 --- --- X X
Malatek
12/31 /09 --- --- --- ---
Vacant
KEY: X =Present
O =Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
2b 5
MINUTES APPROVED
PUBLIC ART ADVISORY COMMITTEE
THURSDAY, MAY 15, 2008
LOBBY CONFERENCE ROOM -CITY HALL
VARIOUS TRAIL LOVATIONS -IOWA CITY
Members Present: Mark Seabold, Patrick Carney, Rick Fosse, DaLayne Williamson,
Annadora Khan, Jan Finlayson
Members Absent: Terry Trueblood
Staff Present: Marcia Klingaman, Jeff Davidson, Nate Kabat, Tracy Hightshoe,
Terry Robinson
Public Present: Shirley Wyrick, Washington Hills Neighborhood Representative;
Jill Harper, Pheasant Hill Park Project Designer
CALL TO ORDER
Seabold called the meeting to order at 3:05 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA
None.
CONSIDERATION OF THE MINUTES OF THE MARCH 6. 2008 MEETING
MOTION: Finlayson moved to approve the minutes; Fosse seconded. The motion
passed 7:0.
COMMITTEE TIME/UPDATES
Marcia informed the committee the "Tunnel Vision" art piece will be installed next
Thursday, May 22, 2008 as the Iowa Sculptor's Showcase piece. A brochure
announcing the piece to the public will be distributed in lieu of a dedication ceremony.
Marcia announced acquisition of the art piece titled "Impermanence Is Inevitable" located
on the pedestrian spiral bridge at the corner of Hwy 6 and Iowa Avenue was approved
by the City Council.
Marcia also told the committee installation of the new B.J. Katz pool wall piece has
become a challenge. City engineers were hoping to use stainless steel cables to hang
the piece from the ceiling, but learned chlorine can cause stainless steel to fail. Marcia
said she is working with city engineers to find a solution; they are looking into using a
highergauged cable or other materials. As of now the dedication ceremony is still set for
June 6' at noon. Marcia asked Jan to speak at the dedication ceremony. Jan accepted.
Iowa City Public Art Advisory Committee Minutes
May 15, 2008
Page 2
PRESENTATION OF WASHINGTON HILLS NEIGHBORHOOD ART PROJECT
CONCEPT
Shirley Wyrick, Washington Hills Neighborhood Representative, and Jill Harper,
Pheasant Hill Park Project Designer, presented the proposal for a neighborhood art
project for Pheasant Hill Park. Jill would like to use "characters of imagination" designs
from K-12 kids from Hoover and Lemme Elementary schools to create 3-D characters to
display in the park. The characters would be used to create a path beginning at Green
Mountain Dr. and ending at the playground. She hopes to create 30-35 sculptures with
metal interiors and mosaic coverings that would be about 2.5' tall and 2.5' at the base.
City High students would be responsible for creating the sculptures. Jill said 2-D mosaic
path markers could be used as an alternative, but she was worried about upkeep issues
created by grass growth. Jill also showed concepts for an archway that could be used as
signage for the park entrance. She said she still needs to refine plans for an arch and
get cost estimates as well. She proposed a timeline that would begin in June 2008 with
completion in June 2009.
Shirley commented Pheasant Hills Park is not well known because it lacks proper
signage. She believes this project would help create a needed identity for the park and
for Washington Hills neighborhood. She wondered how the kids would be given credit for
their work. Shirley also brought up the issue of vandalism and wondered how the project
might be affected by a snow fence that is placed in the proposed project area every
winter. Jill noted the kids' artwork would include their name and age on the piece. Terry
Robinson explained the snow fence is needed to control drifting due to the direction of
winds in that part of the park. He said the fence could be made to work if the project was
placed in that spot.
Jill asked Terry about accessibility requirements that might arise from the project and
how the bases should be configured. Terry said grass or woodchips would not be
considered fully accessible, so if the project creates a path it would need to be concrete.
Terry explained a concrete walkway would add extra expense in both materials and
maintenance since it would have to be cleared in the winter. He suggested the figures be
placed in an alternating pattern to avoid creating the need for a concrete path. He said
the bases should go below the frost line to avoid winter damage and suggested circular
shaped bases to make mowing around them easier. Marcia asked how much a base
would cost. Terry estimated about $80/base, but noted a round base might cut costs.
The committee wondered how much the total cost of this project could be. Marcia stated
$15,000 is the amount the City can dedicate to the project. She also said there was a
PIN grant given for a bench in the park, which could be integrated into this project as
well. Jill asked if the project could be phased to leverage more funds and if funding might
be available for a cement walkway. Marcia said the city funding is typically a one time
thing, so phasing would not be an option. She also said any costs for the walkway would
need to come from the total project budget. The committee agreed the project was good
and should keep moving forward. Jill agreed to refine the plans and come up with more
specifics for the next meeting.
TOUR OF LOCAL TRAILS
Iowa City Public Art Advisory Committee Minutes
May 15, 2008
Page 3
To get ideas for possible trail art projects, the committee took a tour of three Iowa City
trails. The tour was lead by Terry. Marcia suggested the committee should think about
what types of art would be most appropriate for each trail such as progressive signage
that would provide an educational component along the trail, a more concentrated
sculpture garden on the trail, or something else.
Trail #1: South leg of the Iowa River Corridor trail
Jeff explained the trail goes up into the nearby subdivision. He said upcoming trail
additions will make the area into a major intersection of trails in the near future. Because
of the additions, Jeff suggested the committee might want to wait on placing public art
here until the area is completed.
Trail #2: Court Hill Trail -
Marcia told the committee once this trail is completed scheduled for this fall, it will be one
of the first residentially oriented trails in Iowa City. Jeff added a crosswalk will be
established at Creekside Park across Muscatine Avenue and also on 151 Ave where a
refuge island will be installed as well.
Trail #3: Water Treatment Plant
Terry pointed out the place where a new amphitheater will be built near the trail
entrance. He also explained a new dock will be built to allow a universally accessible
fishing facility. Rick noted the water well and intake buildings might present a good
opportunity for art installments.
ADJOURNMENT
Meeting adjourned at 4:55 pm. Next meeting scheduled for June 5, 2008.
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2b 6
MINUTES APPROVED
IOWA CITY BOARD OF ADJUSTMENT
JUNE 11, 2008 - 5:00 PM
EMMA J. HARVAT HALL
Members Present: Karen Leigh, Caroline Sheerin, Edgar Thornton, Michelle Payne
Members Excused: Ned Wood
Staff Present: Sarah Walz, Sarah Holecek
Others Present: Royce Chestnut, Tammy Kramer, Reverend Orlando Dial
CALL TO ORDER:
The meeting was called to order by Karen Leigh at 5:00 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:
Leigh, Sheerin and Thornton were present.
CONSIDERATION OF THE MAY 14, 2008 MINUTES:
Thornton motioned to accept the May 14, 2008, minutes. Sheerin seconded. The motion carried
3-0 (Payne and Wood absent).
SPECIAL EXCEPTIONS:
EXC08-00009: Discussion of an application submitted by Royce Chestnut for a special
exception to reduce the required front principal building setback for property located at RS-8
zone at 425 Clark Street.
Walz explained that the subject property is located in the Clark Street Historic Preservation
District. Last year, the applicant proposed a front porch design to the Historic Preservation
Committee and was approved for a porch addition. However, when the applicant applied for a
building permit he discovered that the house was already within the required front setback and
as a result needs a special exception to proceed with the project.
The zoning code sets out criteria for what should be looked at when considering a setback
reduction. The first criterion is that the situation must be peculiar to the property, a criterion
which this property meets in a number of ways. The historic architecture of the house would
normally feature a front porch, and historic documents confirm that at one time there was indeed
a front porch on the house. Currently there is no covered front entry to the house, an awning
having been removed from the area some time ago, and the stoop is so small that one must
step off of it in order to fully open the door. Typically, awnings are allowed to be in the front
Iowa City Board of Adjustment
June 11, 2008
Page 2
setback but covered porches are not because there is a possibility over time that a porch may
be enclosed and become part of the building proper.
The required setback in the zone is 15 feet. Often times in historic neighborhoods something
called "setback averaging" is implemented due to established setbacks that may fall much
closer to or further away from the street right-of-way line than current zoning allows. Walz said
that this particular block of Clark Street has an exceptionally long frontage that encompasses a
wide range of housing styles, and that the north end of the street has houses set much closer to
the street than those on the south end. Because of the great variety in styles and setback
variations, setback averaging is not applicable for this situation. In looking at the homes closest
to the applicant's, however, a number of them are set closer to the street than the currently
required 15 feet. Walz said that when a closer look was taken at the site in question, it appears
that the houses in the nearest proximity probably were set back at the same distance at one
time. Because this is a conservation district and a great number of the homes are maintained in
their historic character, Staff thinks it is preferable to restore a historically sensitive porch to this
home.
The practical difficulty in complying with the setback is the unsheltered facade on the front of the
property, which is out of character with the historical home and unprotected from the elements.
The lot is very narrow and the driveway access is just to the south of the house, which would
make it very difficult to reorient the front door to the side to allow for the 15 foot setback while
providing a covered entrance.
Granting this special exception will not be contrary to the purpose of the setback regulations.
The special exception would apply to an open air porch only, which does not have the same
affect on light, privacy, and air issues that an enclosed structure would. Because this is in the
front setback and there is an extra wide right of way on Clark Street, there is still plenty of
separation from the houses on the other side of the street. Further, because of the other
properties nearby with similar setbacks, the proposed setback is in character with the other
properties and does not promote an impractical relationship between the properties. Walz
showed a photo of the setbacks along the street.
Any potential negative affects resulting from the setback exception are mitigated to the extent
practical. The applicant has proposed a historically appropriate porch, which has been approved
by the Historic Preservation Commission (HPC). Staff feels that the proposed exception
improves the character of the house.
The final criterion for setback reductions is not applicable in this case: the no-closer-than-three-
feet rule.
Walz advised the Board that they had copies of the general standards in their Staff Report. One
letter from a neighbor in support of the change was received by Staff and included in Board
Member packets. A small section of the block in which the property resides contains houses that
have not been brought up to historical standards, and Staff felt that this change could help
encourage nearby property owners to restore their houses.
Staff recommends that the application for reduction in the front principal building setback from
15 feet to 7 feet to allow construction of an open air front porch be approved subject to
compliance with the elevations and site plan submitted as approved by the Historic Preservation
Commission (HPC).
Iowa City Board of Adjustment
June 11, 2008
Page 3
Walz added the comment that there is always a concern that a front porch may be enclosed at a
later date. In this situation, Walz said, the fact that the Board will have stated the approval as
explicitly for an "open air porch" is one protection that will help maintain the intent of the special
exception. With that wording, Walz maintained, you could not get a building permit to enclose
the porch. Additionally, any alterations to the exterior of the house -because it is in a historic
district -have to be approved by HPC, which would be unlikely to approve such an enclosure.
Leigh asked if there were questions for Staff from the Board.
Sheerin asked if a building permit would be required to enclose the porch if the current owner
sold the property in the future. Walz replied that a building permit would be required to enclose.
While there is always a chance that someone would enclose without a building permit, Walz
said, they would be required to remove the addition when it was discovered.
Leigh invited anyone present wishing to speak in favor of the application to approach the
podium.
Royce Chestnut, the applicant, said that he had owned the house for two years. The house had
aluminum siding at the time of purchase, which does not comply with historical conservation
regulations. Chestnut is restoring the siding to its original wood form. Chestnut has also put in a
new driveway and a new garage, both of which met the standards of the HPC. Chestnut said
that his house and three very nearby are kind of the eyesores of the street, and that his main
goal is really to improve the integrity of the house in hopes that the three next to him will follow
suit, making the street a cohesive, beautiful street for everyone.
No further speakers on the proposed exception, either for or against, came forward and the
public discussion was closed.
Thornton made a motion to approve EXC08-00009, an application for the reduction of the front
principal setback from 15 feet to 7 feet to allow construction of an open-air front porch, subject
to compliance with the elevations and site plan previously submitted.
Sheerin seconded the motion.
Leigh invited discussion among Board Members. There was none.
Sheerin presented the findings of fact, going through the specific approval criteria for
adjustments for the principal building setback requirements pursuant to 14-2a-65-b. First, the
situation is peculiar to the property because the architecture of the house would normally
feature a front porch. The house has a stoop that is so small that one must back off of it in order
to open the front door. While an awning would be permitted, given the aesthetics and
functionality, a porch would be more appropriate to the property. Additionally, a number of
houses in the area are set closer to the street, and averaging on this particular street cannot
provide relief for this particular house due to the length of the street and the wide range in
setbacks. On the northern end of the street, where this house is located, there are significantly
smaller setbacks.
Secondly, there is practical difficulty in complying with the setback requirements because the
house currently has an unsheltered entrance and a front facade that is not in character with the
historic character and architecture of the surrounding neighborhood. Additionally, the subject
property is an unusually narrow lot at 33 feet across.
Iowa City Board of Adjustment
June 11, 2008
Page 4
Thirdly, granting the special exception would not be contrary to the setback regulations because
the reduction will not reduce the space for light, air and separation from other neighborhood
homes because the addition is for an open-air porch, not an enclosure. Fire protection and
access along Clark Street will not be impacted because it is a large, 60-foot right of way. No
privacy between properties is diminished by this exception. Restoring this property in a
historically appropriate way will improve its relationship to other houses in the neighborhood,
and possibly encourage other houses in the neighborhood to improve their maintenance
standards.
Fourth, any potential negative affects resulting from the setback extension are mitigated to the
extent practical, because this porch was approved by the HPC and does not encroach into the
setback any further than is absolutely necessary.
The fifth specific criterion for granting an exception to setbacks is not applicable in this case.
Thornton said that in looking at the general criteria, this particular project should not be
detrimental to the public health and safety because the reduced front setback does not reduce
space or access to fire protection. In terms of the general criteria related to injury to enjoyment
of the property, Thornton said that the improvement is not out of character with the historic
nature of the community or the neighborhood. The property has access to roads, drainage, and
all utilities. The exception would not impinge on driver's access to Clark Street in any way. The
application seems to meet all required standards, and to comply with the Comprehensive Plan's
encouragement of further restoration of properties in the historic neighborhood. Because of
these things, Thornton stated that he would most likely support the special exception.
Leigh invited further discussion. There was none, and a vote was taken. The application was
approved on a vote of 3-0 (Payne and Wood absent).
Leigh declared the motion approved and stated 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.
EXC08-00010: Discussion of an application submitted by Tammy Kramer for a special
exception to reduce the required front principal building setback for property located in the RS-5
zone at 300 Kimball Road.
Walz stated that she has had an awful lot of phone calls on this application, but that after
explaining the application to the callers she did not receive any more comments or any follow-up
letters on the matter.
The applicant, Walz said, is part-owner of the house. The house had previously been illegally
renovated to make it a duplex. A duplex would not be allowed on that particular lot in that zone.
The applicant is in the process of working to renovate the home to make it a single family home
with an accessory apartment. Walz said that she would repeat for the Board what she told the
many, many people who called her on the phone, that the critical difference between a duplex
and an accessory apartment is that an accessory apartment requires that the property owner
live on site. Other differences between an accessory apartment and a duplex are in the design
of the dwellings. Accessory apartments are limited in size such that the maximum size of an
accessory apartment is 650 square feet, no matter how large your house may be. If your house
is smaller, there is a proportion used to determine how large the apartment may be. The
applicant is renovating so that the apartment does not exceed the maximum allowable size.
Iowa City Board of Adjustment
June 11, 2008
Page 5
The unusual thing on the property is that there are two parking areas which could hold
approximately 6-7 cars. However, Walz said, those parking spaces are all in the front setback,
which is 20 feet in this case. The reason that the code requires that some parking comes
outside of the front setback is that there is a desire not to have lots of cars parking in what is
perceived as the front yard. In the applicant's situation, asingle-family home and an accessory
apartment, she is required two parking spaces and only one of those can be in the front
setback. The code includes a special exception for a front setback reduction, and this is one of
the reasons. Here, the topography is such that it would be quite difficult to add parking to the
property. The applicant's back and side yards drop down precipitously into a ravine. There is a
bit of level area on one side where the required parking stall could be added. However, there is
so little level area on the property that Staff thinks in this situation that it makes sense to allow
her to just maintain what she has and not expand the parking areas at all.
Walz reiterated that it is not that the applicant does not have plenty of parking on the site; it's
that the code requires that a minimum amount of parking be located out of the front setback. But
in this situation, Staff feels that this would be somewhat impractical, given the topography
The situation is peculiar to the property due to the topography of the property and the general
parking conditions along Kimball Road. 300 Kimball Road is sloped in such a way that parking
in the rear or side yard is not possible. Although she could possibly provide some parking in the
small amount of level yard available at the site, it would take nearly all of the available level yard
space available. There is practical difficulty in complying with the setback requirements because
the property is so steeply sloped. On one side of the house it is not possible to provide parking,
and on the other, all of the level yard space would be consumed for that purpose, could possibly
require her to put in a retaining wall, and potentially lose some of the mature trees in that area.
Granting the special exception will not be contrary to the purpose of the regulations. Because
the setback reduction is for the parking and not for building expansion, the light and air
separation requirement and the opportunity for fire protection are not affected. The opportunities
for privacy between buildings are not intruded upon by this exception. Given the topography of
this portion of Kimball Road and the prohibition on on-street parking, most parking already
happens in the front yard as the topography dictates it. Staff believes this exception will promote
a reasonable, physical relationship between buildings because it is not a building, it is just
parking. Any potential negative affects due to the setback are mitigated to the extent practical,
as the applicant is requesting simply to use the existing parking to satisfy the parking
requirement. She does not wish to remove or alter any of the parking spaces and thus no
changes are proposed. The final specific criterion is not applicable to this case.
Walz addressed the general requirements for the special exception. Walz said that there are
some issues regarding speed along Kimball Road. The neighborhood has applied for and been
approved for traffic calming in the form of speed humps along this portion of Kimball Road. This
particular property has good visibility such that the pulling in and out of the driveway is not an
issue. The requirement for compliance or the granting of the special exception is not going to
affect ingress or egress. It will not be injurious to the use or enjoyment of other properties in the
neighborhood because, again, most properties provide their parking in the front setback. The
exception will not impede the normal and orderly development or improvement of surrounding
property for uses permitted in the zone. Again, Walz stated, there is no building involved.
Regarding the other general criteria, Walz said that the only thing that does not comply is that
the large parking area has a wider curb cut than the required 42-feet. However, this is an
existing non-conformity, and since she will not be altering the parking area, it will not be required
to come into compliance.
Iowa City Board of Adjustment
June 11, 2008
Page 6
Staff recommends that EXC08-00010, an application to reduce the required front principal
building setback from 20-feet to 0-feet for property located at 300 Kimball Road be approved
with the condition that the setback reduction be for the specific purpose of accommodating
required parking only.
Leigh invited questions for Staff.
Thornton asked if he understood correctly that it was common for residents of Kimball to park on
their lawns. Walz stated that it was common for them to park within their front setback areas.
Walz explained that this did not mean that people could not park in the setback area, but there
is a requirement to provide at least some of the parking in another area in order to minimize the
amount of parking that occurs in the front setback. In a neighborhood like this, where there is no
on-street parking and the topography is such that garages or parking cannot be set very far
back in the side or back yards, there will be a certain amount of parking in the front setback.
Leigh asked if there was anyone wishing to speak in favor of the application.
Tammy Kramer, the applicant, stated that what she is asking for is simply to keep the parking
the way it is. What would be required if she did not get the special exception would be to add a
parking pad space. There are many reasons she cannot do this, including the fact there are
many big old trees on this heavily sloped lot, and to put a pad in that area she would have to
build a retaining wall and remove some of the trees. There is also a city utility grate in that area
that would make it difficult to put concrete on. Aesthetically, adding more concrete is also
undesirable. Kramer said she is planning on living in the upper level of her dream home, and
that she is renovating it. She said she is applying to put in an accessory apartment in the lower
level which will limit her to two people at the most living down below. At the most, there would
be two cars parked in the spots, and occasional guests would still have adequate parking
options. Kramer asks simply to be able to leave things as they are without having to upset the
topography. She added that it is very typical of the neighborhood to have parking in the setback
as the primary parking.
Sheerin asked if adding more concrete would affect drainage issues. Kramer said that she did
not know. She said that the only place that was really practical to put an additional pad off of the
setback was a spot where two big trees would need to be taken out, a retaining wall would have
to be built, and a utility grate would also have to be dealt with. Walz said that she checked with
Public Works and they said that the utility grate is not a public utility. She is not sure what it is
exactly.
There was no one else present who wished to speak for or against the application. Public
discussion was closed.
Sheerin stated for the record that she actually knows the applicant, and is in a contractual
relationship with her employer. Sheerin said that she is not in any kind of contractual
relationship with the applicant herself and does not believe there is a conflict of interest in any
way shape or form, but that she wanted to state that for the record. She stated that she would
be voting on the matter.
Leigh asked Holecek if there were any issues with this disclosure that the Board should
consider. Holecek replied that there were none. She stated that Sheerin had no direct contract
with the applicant and that Sheerin has represented that she can make a decision based on the
facts presented in the hearing with an open mind and no bias. Sheerin added that she had had
no conversations with the applicant regarding this issue. Leigh said the matter was duly noted.
Iowa City Board of Adjustment
June 11, 2008
Page 7
Sheerin motioned to approve the application EXC08-00010 for a special exception to reduce the
required front principal setback from 20-feet to 0-feet at 300 Kimball Road, with the condition
that the setback reduction be for the purpose of accommodating required parking only.
Thornton seconded.
Thornton discussed the specific criteria. He noted the particular and unique nature of the
property, and that the topography is really impacting the applicant's ability to make
improvements to the parking. Much of the existing level property already has two existing
parking pads. The practical difficulties lie within the topography of the property and the steep
nature of the sloping. Granting the exception will not be contrary to the purposes of the setback
because the owner is not adding additional parking, so there is no impact on lights, air, or the
separation of homes. In looking at the potential negative effects because of the setback and
mitigating the extent of the impact, Thornton said that the existing parking requires two spaces
and she is actually willing to give up some of her spaces so that virtually there is no net loss of
parking spaces at the property.
Walz clarified that the applicant does not have to give up any of the parking spaces; it is just a
matter that she does not have to provide additional parking outside of the setback. Regardless
of whether the special exception is granted or not, people are allowed to park on the existing
spaces, Walz said, it is just that the zoning code would require her to have an additional space
that is outside of her setE7ack. Her use of the existing spaces would not be restricted in any way
regardless of whether the exception was approved.
Sheerin went over the findings for the general standards. First, the specific proposed exception
will not be detrimental or endanger public health, safety, comfort or general welfare because
these parking spaces have existed for some time, there is good visibility along this portion of the
road, and there are no safety concerns. Second, the proposed exception will not be injurious to
the use or enjoyment of other property in the immediate vicinity and will not substantially
diminish or impair property values in the neighborhood, for the reasons stated by Mr. Thornton,
particularly because of the steep topography, and because the parking is restricted along that
portion of the road so that other homes in the area have similar parking arrangements. Third,
the establishment of this proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the zone in
which the property is located because the neighborhood is fully developed and there is really
very little area in the neighborhood that isn't already occupied. Furthermore, there are already
adequate utilities, access roads and drainage in place. Adequate measures have been taken or
will be taken to provide ingress or egress so as to minimize traffic congestion on public streets.
Traffic congestion is not a concern because visibility on this portion of Kimball Road is good and
there are going to be no changes for proposed ingress or egress. While the curb cut for the
larger parking pad east of the house does exceed maximum curb cut, it is an existing non-
conforming situation and as a result does not have an effect on this application. Therefore, the
application does meet the standard requiring that the exception conform to the applicable
regulation or standards of the zone in which it is to be located. This proposed use will be
consistent with the Comprehensive Plan because of the nature of the steep topography of the
area.
Leigh stated that she had nothing to add and that she agreed with the specific criteria and the
general standards that had been well covered. Leigh put the matter to a vote.
The application was approved on a vote of 3-0 (Payne and Wood absent)
Iowa City Board of Adjustment
June 11, 2008
Page 8
Leigh declared the motion approved and stated 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.
Walz stated that the Board was waiting for a fourth member of the Board to arrive to take part in
the next application, and so Walz recommended a ten minute break to wait for her.
At 5:57 p.m., the meeting was resumed with Board Member Michelle Payne present. Karen
Leigh continued chairing the meeting.
EXC08-00011: Discussion of an application submitted by Bethel AME Church for a special
exception to allow for the expansion of a church facility and a historic preservation exception to
modify the site development and dimensional standards related to setbacks and parking for
property located in the RNS-12 zone at 411 and 425 S. Governor Street.
Walz described the Bethel AME as one of Iowa City's significant historic buildings and its only
historic Black church. Built in the latter part of the 1860's, the church building is listed on the
National Register of Historic Places and is one of the few remaining structures of its kind in the
state of Iowa. Walz said that the church's modest size and modest architecture do not hint at the
importance that it plays in the history of this community. What is even more valuable, Walz
continued, is that it has had little exterior ornamentation and the building has had no substantial
alterations in more than fifty years. Walz said that the two nonconformities associated with the
existing property are: 1) the church does not meet the setback requirements, and 2) the church
has been unable to provide any off-street parking, and the parking requirement is equal to one-
sixth the occupant load.
What makes this special exception different than others the Board has looked at, and slightly
more complicated, Walz said, is that a very important historic structure is being dealt with. Were
it not for the National Register status of the structure, the property would have to meet all of
those dimensional standards that are looked at in approving churches in a residential zone.
However, Walz said, because of the historic preservation guidelines through which the special
exception has come, the Board has an option to provide a modification or waiver that will help
preserve the historic aesthetic or cultural attributes of the property. Walz stated that this very old
historic church with its congregation intact is seeking to expand on their site. If there are
dimensional standards or site development standards that can be waived that the Board feels
are appropriate but will still maintain the other more subjective aspects of the special exception
(compatibility with the neighborhood, etc.), the Board has the opportunity to do that.
Walz noted page three of the staff report in which she offered the correction that the wording
should read "However, because the church is a National Registry site, the Board may also
waive or modify dimensional standards."
Normally what is required of a church in a residential zone is to have 20-foot front and side
setbacks. The existing church is in the front setback, but the addition will be setback according
to the requirements. In order to meet historic preservation guidelines, the church needed to find
a way to put an addition on the church that still allows that very small, modest structure to be the
principal view on the site. They designed an addition that kept the roofline low, with materials
that match the existing structure, and a connection to the original structure in a way that stepped
the addition back. The church has had a number of issues to deal with in the design of this
addition, and they are now asking the Board to waive the 20-foot side setback along the north
side of the church. The church has provided a 10-foot setback that steps in from the established
5-foot setback, Walz said. That limitation of having an addition that steps back and does not
stand out in front of, over, or in a way that detracts from the primary structure is very
Iowa City Board of Adjustment
June 11, 2008
Page 9
complicated. On the north side where the setback is reduced, they have put in only clear story
windows as a way of preserving the privacy for the residential property just to the north. The
entrance that will be used is located behind the historic structure and facing south, where they
have 50-feet of setback, an additional 30 feet above what is required. As a result, all of the
pedestrian and vehicle activity are focused away from that reduced setback area.
The other setback requirement to be waived is in the rear setback, where they are providing
some additional parking. Here the building is setback about 27 feet from the property line. The
properties that are to the west of the alley have deep lots and do not use the alley for their
principal parking access.
One issue that often concerns neighbors of churches in residential areas is the size of the
parking area. The church has aone-way, one-lane access drive coming off of Governor Street
that has access to eight parking spots. With the addition, the church would be required to
provide 18 parking spots. The church has along-standing relationship with the City (not unlike
other older churches close in to the downtown where churches are unable to provide all of the
required off-street parking) where parking on the west side of Governor Street is provided to
Bethel AME on Sundays. The church has only been using a small portion of the capacity on that
side of the street. There is space for about 45 parking spaces. Like any other church in the
Central Business District, they will be competing for parking beyond that, but there is some
capacity there.
Another special exception criterion is that the proposed use will not have adverse affects on the
livability of nearby residential uses due to noise, glare from lights, late-night operations, noise,
odors and litter. Staff does not anticipate that this would be a problem here. The applicant is
required to provide a 10-foot buffer along the drive to protect from noise and glare, and the
applicant and Staff have discussed the use of prairie grasses and shrubs for year-round
screening.
In terms of the general standards, Walz said, she believes the church has done a good job in
mitigating that reduced setback. The areas of greatest concern are that the church cannot
provide the minimum parking on the site and that due to a lot of activity on a small site, drainage
could be an issue. The alley is an unimproved alley, and the City could do some improvement
with grading and gravel to even things out. The Public Works Director, in investigating the alley,
did not feel that the additional 8 or 9 parking spaces was going to be enough to have a negative
impact on the surface of the alley. However, Walz said that Staff has asked that the church
waive any future right to object to any later assessments due to alley improvements. The alley
can service those 8 spaces, but the drainage onto the alley is of concern to Staff. As a result,
they have requested the church look into the feasibility of rain gardens on the site. Most of the
drainage for the roof should be directed onto Governor Street through the roof gutters. The
drainage and the parking are the real issues to grapple with. The main concern of Staff is
maximizing the amount of drainage that runs toward Governor Street where there is storm
sewer service or if there is any opportunity for that to be absorbed in the green spaces that are
available on the site.
Walz stated that the specific proposed exception will not be injurious to the use and enjoyment
of other property in the immediate vicinity. It will not substantially diminish or impair property
values in the neighborhood. The church has mitigated the reduction in side setback by using
only the small clear story windows to preserve privacy for neighboring property owners. They
have placed their main entrance nearest the south setback which is larger than what is required.
Iowa City Board of Adjustment
June 11, 2008
Page 10
The increase in parking is not going to take place immediately. It will take time for membership
to grow and in the meantime there is capacity on the street. Staff feels that the lack of parking
may be an impediment to the church's growth and they may find that they need to mitigate that
in other ways. The situation in which a church finds itself needing to provide parking on the
street is not unusual for the Central Planning District, and many churches in the older
neighborhoods find themselves competing with neighbors for parking on the street.
For these reasons, Staff feels that a reduction is appropriate in order to preserve the historic
use. In this case, there is just no way for the church to provide all the required off-street parking
spaces.
The establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for purposes permitted for the zone
in which the property is located. The surrounding neighborhood is fully developed; however, it is
a neighborhood in transition. Walz noted in the report that about a year ago a portion of the
same block further to the south was down-zoned to an RS-8. What were formerly homes that
had been divided into apartments have been brought into single-family usage, whether renter or
owner-occupied. There has been more attention to historic preservation in the neighborhood,
and it seems to be a neighborhood achieving better balance between rental property and
owner-occupied property. Staff believes that the preservation of this historic church in this
historic neighborhood will contribute to that.
Adequate utilities, access roads, and other utilities have been provided. Drainage is an issue
here, and Staff believes that if the church can direct a fair amount of that roof drainage to
Governor Street and green spaces on the property drainage can be dealt with. There are rain
gardens proposed at the rear of the parking lot on the site plan; however, those could not
function in that area. Staff has recommended an alternate location which will also help to
provide screening. All other utilities and access are provided. Adequate measures have been
taken to provide ingress or egress so as to minimize traffic congestion on public streets. Walz
stated that the narrow drive should help with that, in its use as a one-way drive.
The proposed use will be consistent with the Comprehensive Plan as stated. The
Comprehensive Plan allows for the location of religious private group uses within residential
neighborhoods where appropriate and where they can blend in with the neighborhood. It also
recommends the preservation of historic properties and landmarks. In Staffs view, based on the
recommendation of the HPC the proposed addition will result in the preservation of an important
historic building as well as its historic use. Staff believes the proposed site plan and design of
the church balances those goals with the interests of the residential neighborhood as expressed
in the Comprehensive Plan.
Staff recommends that an application for a special exception to allow for the expansion of a
religious private group assembly use in the RNS-12 zone, and to allow the Historic Preservation
waiver to reduce the setbacks and minimum parking requirements at 411 and 425 South
Governor be approved on the following conditions: 1) Staff approval of a system for draining as
much of the roof as practically possible away from the alley and toward Governor Street where
storm sewer service is available, 2) investigation by Johnson County Soil and Water
Conservation District for a potential rain garden in one of the open space areas between the
church and the driveway, 3) the driveway should be designed to maximize drainage toward
Governor Street, 4) paving in the drop off area should be reduced to a maximum width of 12-
feet, 5) submission of a final landscape plan fora 10-foot buffer area to the south of the church
drive to provide year-round S-2 screening, the final design to be approved by Staff, 6) the
applicant must sign an agreement to waive any protest for future assessments to improve the
Iowa City Board of Adjustment
June 11, 2008
Page 11
alley to the rear of the property, 7) the restoration of the exterior of the original church structure,
and 8) substantial compliance with the site plan.
Leigh asked if the Board had any questions for Staff.
Thornton asked if Staff had a picture of how drainage is currently being handled on the site,
because he is trying to understand why it is such a major issue. Walz replied that the slope on
the north side of the existing church slopes backward toward the alley. Walz said that it should
be possible to simply run the gutters forward to the front of the property. The south side of the
building is more complicated because of the entrance with the gable, and any means of getting
some of that to drain toward the Governor Street side would be helpful, although it could require
some creativity.
Payne had a question about parking spaces. The desire, she said, was for the church to
accommodate about 150 members, and the parking requirement calls for providing one-sixth of
that, which does not equal 18. Walz said that there is something in Planning referred to as ghost
parking; because it is an existing non-conforming use they are granted credit for what they
already have. Because they came in non-conforming they only have to provide parking for the
addition. Their current capacity is 40, and they have never provided parking for that. Under the
zoning code what they have to provide parking for is what is required in addition to that.
Thornton asked if that took into account the 45 parking spaces in the street afforded the
congregation by the City. Walz explained how it did not. Leigh asked if the west side of
Governor Street that was opened for parking on Sundays was only for the church or if it was
open to anyone. Walz said that it was technically just for the church but there was no
enforcement.
Payne noted that the drive was adrop-off drive and that it was possible there would be 75 cars
driving through that alley every week. Walz pointed out that when weighed against amulti-family
residential use, the trips through the alley for a church were significantly less, since their major
activity is once a week.
Sheerin asked if the intention of the drive was to be used for handicapped parking and the eight
spaces out back. Walz replied that the intention of the drive would also be to be used for drop
off traffic. Thornton commented that since the side of the church was to be the main entrance,
the drive could not just be for handicapped drop-offs. Walz agreed, and acknowledged that the
print does just say "Handicapped Drop-Off," somewhat confusing the issue.
Thornton asked why Staff did not talk to the church about improving and paving the alley at
least adjacent to the church, rather than waiting for a time down the road when improvements
were initiated by the City. Walz said that they did talk about that, but the Public Works Director
did not want to advise that since the church's portion would not likely match up with what the
City needed to do with an overall alley improvement. His feeling was that it would be better to
leave it gravel as it is. The alley is not in ideal condition, but it is not in that condition solely
because of the church so it seemed unfair to burden them with its paving.
Payne asked if the application was then not meeting the specific criterion that says "vehicular
access to the proposed use is limited to streets with a pavement width of greater than 28 feet."
The church will be using the alley as access, Payne noted. Walz said that she believed what the
criteria was getting at was that the primary access in terms of delivering people to the property
is along Governor Street, and the drive would be secondary. Walz asked Holecek for her
comments on that. Holecek said that what she believed was being discussed was how you are
getting to the actual use. Parking is on Governor, which is an arterial and is what is generally
Iowa City Board of Adjustment
June 11, 2008
Page 12
looked at, rather than the internal secondary circulation. What is being looked at, according to
Holecek, is a church in a neighborhood and whether the streets in that neighborhood are
adequate to carry traffic to the site.
Thornton asked if the Public Works Director gave any indications as to when the City might take
on the project of improving the alley. Walz said no timeline was given, but that she believed
Public Works is looking at alleys in that portion of the city more carefully. Payne said that alleys
would likely get on a list individually on an "as needed" basis.
Sheerin asked if there had been any traffic or parking evaluation done on this dramatic increase
in on-street parking for the area. Walz said that the church will request that the amount of
parking reserved for them on Sundays on Governor Street be expanded, and that request will
go through City Council. Traffic planners, Walz noted, did not think there would be any problem
expanding parking on the west side of Governor Street. Payne commented that the idea of a
traffic study being done at this time would be difficult. Sheerin said she was wondering if the
ratio of on-street parking was similar to that for other churches for which on-street parking had
been approved. Walz said that it might be close to the Christian Science Church which provides
just a handful of parking spaces and has an occupancy of less than 100, but that there are a
large number of churches in the area downtown that used on-street or ramp parking as their
primary parking.
Leigh asked if there were further questions for Staff. There were none.
Leigh asked if there was anyone present wishing to speak in favor of the application.
Reverend Orlando Dial, the pastor of Bethel AME Church, explained that on any given Sunday,
his congregation of 60 included only about 16-20 cars that would be parked on Governor Street.
He said that when you looked at there being 45 available spaces, they had quite a bit of growth
to get to before they would use those. Regarding the handicapped drop-off, Dial said that ideally
church people follow the rules a little better and would stick with the idea of reserving the alley
spaces for those who are elderly or disabled.
Regarding the drainage issues, Dial said that as they remove the grass behind the church at the
current location, 411 Governor Street, they are finding that about two- thirds of that lot is just an
open grass lot. Their architect believes that much of the drainage issues have been caused by
that circumstance. Dial said that they too do not want a water problem in the alley as it would
also limit their access to the parking area, and that they will make every effort to address the
issue. Their wish is to add to the quality of life in the neighborhood. Dial said that there was one
negative letter that had been brought to his attention that he wished to address. The writer's
concern was that they did not understand the design plan and they believed the parking area
was just going to be a concrete slab. Dial said that you could see from the design plan that it is
not a slab but a grassy, well landscaped area with pervious concrete for additional drainage
properties. The other objection expressed in the letter was that with the entrance being in the
rear rather than in the historic part of the building it would leave the historic part vulnerable to
being carved up into cubicles. Dial clarified that this was not the case and that it is their wish to
preserve and honor the historic part of the church. Dial said that he has appreciated Staffs input
and that the congregation has been working for almost two years going back and forth to make
sure that they are not just airing the issues but trying to address them in a way that is beneficial
for everybody. Dial said that he hoped that in the future Bethel AME could be pointed to as a
way to meet your goals and work well with Historic Preservation and Planning staff. As a
church, he said it was important to model the right way to do things rather than the most
expedient, even if it takes longer and costs more.
Iowa City Board of Adjustment
June 11, 2008
Page 13
Walz noted that the letter referred to by Reverend Dial was a letter from John Shaw, an owner
of two properties in the neighborhood. The letter had been distributed by Walz to Board
Members prior to the meeting.
Sheerin asked Dial if the church had a lot of parking needs during the weekdays. Dial said that
there are activities on Sunday evenings and Wednesday evenings and that at those times there
are enough parking spaces available on the east side of Governor to meet their needs. They are
sensitive to the needs and schedules of the residents nearby, and try to absorb the unused
spaces even if they may be farther away. Dial said that in the eleven years he has been pastor
there may have been three parking issues. He said that anytime there is an issue brought to his
attention it is addressed because their goal is to be good neighbors.
Thornton asked what the church's current relationship with its neighbors is, given that the letter
is from a neighbor. Dial said that the church has excellent relations with the neighbor directly to
the north. He said that he had never met the person who wrote the letter and that he did not
believe that person lives on Governor Street. Dial said that it is his understanding with the other
single family residences in the area that they are pleased to have the opportunity to watch the
church grow, and that the landlord he has spoken to says that having a church as a neighbor
improves the quality of his tenants. Walz added that the applicant has had a series of events in
which they have invited the neighbors to discuss their plans. Dial said that they have had a
number of open houses and events inviting people into the building as a way of being
neighborly.
Leigh asked how old Bethel AME is. Dial replied that it was established in 1868.
Leigh invited anyone else wishing to speak in favor of this application to come forward.
Melvin Shaw, a steward and member of Bethel AME Church, spoke on behalf of the fundraising
committee to ask the Board to consider and approve the recommendation of the Staff to grant
the special exceptions. Shaw reiterated that the church is a good neighbor to the neighborhood
and that they have taken a lot of pains over the last two years to address the issues of making
the addition to the church historically compatible with the existing structure. They worked for
over a year and a half before being awarded the Certificate of Appropriateness from the
Historical Preservation Commission and have been very sensitive to their neighbors' concerns.
Shaw said that they have also been working on a plan with city staff to address not only
aesthetic concerns but also those aspects relating to parking and drainage and setbacks. Shaw
listed a number of examples of very supportive neighbors, and stated that the letter from Mr.
Shaw was the first time in two years that anyone has ever expressed a concern. Shaw said that
they believed they were good neighbors and that the plan that has been proposed is in keeping
with the Comprehensive Plan, has addressed issues of setbacks, parking, and drainage. They
have consciously chosen to remain in this historic location despite the difficulties it presented in
designing an addition and it is their desire to build a structure that will serve other students and
members of the Iowa City community as they have since 1868.
Thornton stated for the record that Mr. Shaw is involved in a Chamber of Commerce leadership
program with him. Thornton said that it had no impact on the issue at hand but that he wanted to
disclose it.
Leigh invited others to speak in favor of the application. Seeing none, she invited those wishing
to speak against the application to come forward. There were none.
The public discussion was closed.
Iowa City Board of Adjustment
June 11, 2008
Page 14
Payne noted that usually churches ask for an 18-month extension rather than the customary 6
months given by the Board and that Bethel AME had not requested that extension. Walz said
they have not requested the extension.
Thornton moved that the Board recommend and accept this application, EXC08-00011, an
application for a special exception to allow an expansion of a religious private group facility
assembly in the RNS-12 zone to allow a historic preservation waiver that would reduce the
setbacks and the minimum parking requirements at 411 and 425 S. Governor Street with the
approval of the following conditions: 1) Staff approval of a system for draining as much of the
roof as practically possible away from the alley and toward Governor Street where storm sewer
service is available, 2) investigation by Johnson County Soil and Water Conservation District for
a potential rain garden in one of the open space areas between the church and the driveway, 3)
the driveway should be designed to maximize drainage toward Governor Street, 4) paving in the
drop off area should be reduced to a maximum width of 12-feet, 5) submission of a final
landscape plan fora 10-foot buffer area to the south of the church drive to provide year-round
S-2 screening, the final design to be approved by Staff, 6) the applicant must sign an agreement
to waive any protest for future assessments to improve the alley to the rear of the property, 7)
the restoration of the exterior of the original church structure, and 8) substantial compliance with
the site plan.
Payne asked for a clarification on condition #4) paving in the drop off area should be reduced to
a maximum width of 12-feet. Walz clarified that that was a 10-foot drive with an additional 12-
foot drop-off area.
Payne seconded the motion.
Leigh invited discussion and findings.
Payne said she would like to discuss her concern that the addition is not supposed to compete
with or overwhelm the existing structure, and that when she looks at the south side of the
building she sees the new addition, not the historic structure. And while she thinks the addition
is quite beautiful, she does think it overwhelms the historic structure. Walz replied that the
addition will be of the same siding as the front, and that the main thing the Historic Preservation
Commission is focused on in that requirement is the street view. Walz said that the primary
things that Historic Preservation was concerned with is that the roofline not be higher and that
the materials were of a similar nature. Walz said that she should also keep in mind that the view
shown will actually be hindered from the street by surrounding properties.
Holecek said that what Historic Preservation looks at are materials, compatibility and scale.
Holecek said that given that HPC has passed on a Certificate of Appropriateness finding that
this addition will not destroy, damage or otherwise deteriorate the integrity of the historic
structure, may go a long way in ameliorating the Board's concerns about whether or not this is
compatible. Sheerin asked if the HPC standards were stricter, and Holecek said that she
believed they were much more so. Walz said that this was really a very interesting exercise in
historic preservation because there is a very simple, modest structure to which you are adding a
much larger structure. Sheerin asked if there was no way for it to go straight back and make it
less visible. Walz reiterated that her sense was that the addition will not be as visible as it is on
the drawing because you have buildings and trees blocking the view.
Payne said that there was something she had read that explicitly said that the new addition
could not be the focal point and that the historic structure had to be the focal point. Walz said
she did not have the HPC guidelines. Payne said that it was somewhere in the staff report. Walz
Iowa City Board of Adjustment
June 11, 2008
Page 15
said that she would have been paraphrasing there and that she didn't know that those were the
exact words of the HPC standards. Holecek found the wording on page four of the staff report to
which Payne had been referring and which stated that "creating an appropriate addition to what
is a small simple structure presents a number of challenges, including designing an addition
with a roofline and materials that would not overwhelm or compete with the original structure."
After some discussion, it was agreed to move on from this issue. Walz added that she had
included the materials from the HPC, and that on page three of four the wording in their
standards is more clearly laid out, and that if the word "focal point" was used it was her own
error.
Leigh commented that the standards said that if the "modification or waiver will help preserve
the historic, aesthetic or cultural attributes of the property" it could be granted. She said that she
certainly thinks that this modification to this church does all three of those things. The
congregation is a living organism and the church has been a living organism in this community
since 1868 and anything that preserves its function on its site deserves to be supported.
Payne proceeded with the findings of fact. For specific criteria, vehicular access to the church
will be provided along south Governor Street, which is an arterial street and exceeds the 28-foot
standard. The minimum setbacks to the rear it will not be met, and would be reduced to 27 feet;
for the front it will not be met by the current structure but will be met by the new addition; to the
south it will be met, and to the north it would be reduced from 20-feet to 10-feet. The proposed
use will be compatible with adjacent uses. It is in the residential neighborhood and the church
has taken steps to make the addition compatible with the surrounding neighborhood. It does not
overwhelm the existing building on the site and they have taken steps to make sure it is not as
tall or as wide as the current structure, and it will not detract from the main view as you look at it
from Governor Street. There is limited parking space on the site itself but they are providing 8
spots, and an additional spot if you count where the trash receptacle will be, and additional
parking is available on the street. The proposed use will not have adverse affects on the
livability of nearby residential uses due to noise, glare from lights, late-night operations, odors or
litter. The church will put their buffer of landscaping to the south. In the area to the north where
the setback is reduced they have used a different kind of window and placed them up high to
increase privacy to the neighbors to the north. Because the proposed use is in a residential
zone and in a central planning district, it must comply with the multi-family site development
standards. The street facing side will be less than 50 feet and will not require additional
measures to break up the mass of the building. The building is constructed in materials and a
style appropriate for the historic architectural style and has received HPC approval. Parking is
shown at the rear as it is supposed to be, and there is the buffer area shown between the
parking area and the property to the south.
The general standards were also discussed by Payne. It will not be detrimental or endanger the
public health, safety, comfort or general welfare, though the drainage toward the alley should be
mentioned and they should comply with the conditions and drain toward Governor Street which
has astorm-sewer access. This exception will not be injurious to the use and enjoyment of other
property in the vicinity. The church has placed its main entrance away from where they would
be infringing on the north property line, which will give further privacy to the neighbors to the
north who are so close. As stated in the conditions, the church must sign the waiver for
improvements to the alley when they do come. The proposed exception will not impede on the
normal and orderly development and improvement of the surrounding properties. Payne said
she believed the improvement to this property and the property to the south will help to continue
this trend of reinvestment in the neighborhood and the trend toward historic preservation.
Adequate utilities, access roads, drainage, and other facilities will be provided. Those are
already in place. Once again, Payne mentioned the drainage issues to be directed toward
Iowa City Board of Adjustment
June 11, 2008
Page 16
Governor Street and the rain gardens that are to be put in if possible. Adequate measures have
been taken to provide ingress and egress to minimize traffic congestion. The ingress to the
property will be a one-way from Governor Street so it should minimize congestion and it should
exit through the alley. Payne stated that except for the specific regulations applicable to the
exception being considered, in all other respects it conforms to the regulations or standards of
the zone. This is true, she said, other than the items she had mentioned so far. The proposed
use will be consistent with the Comprehensive Plan, which allows for the location of private
religious group assemblies in residential neighborhoods and recommends preservation of
historic properties and landmarks. Keeping this church in this neighborhood on this site is
consistent with the Plan. All that being said, Payne stated, in her mind all of the criteria are met
as required and she would vote in favor of this exception.
Sheerin stated her agreement
Thornton stated his agreement with all of the findings stated by Payne. He wanted to state once
again that he believes this is a major improvement to the community and that a church with
such a rich history in the community should be allowed to expand and grow. Thornton said he
too would probably vote in favor of the exception.
Leigh said she had nothing to add and they were ready for a vote.
The exception was approved by a vote of 4-0 (Wood absent).
Walz stated that it had been a long process for Bethel AME and that she wished to thank the
church for its patience in working through so many issues on the site.
Leigh declared the motion approved and stated 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.
OTHER:
Walz stated that it is possible that some special exception requests could arise as a result of the
flood, as they did when there was a tornado a few years ago. Many things may need to come
into conformance as a result of this "act of God," as is required by the code.
A question was asked as to why Parkview was not on the agenda for its special exception that
evening, and Walz stated that it was because they had not yet received their letter from the
Department of Natural Resources.
BOARD OF ADJUSTMENT INFORMATION:
Holecek introduced Sarah Greenwood-Hektoen, Assistant City Attorney, who would be
transitioning into taking over as advisor to the Board at some time in the future
ADJOURNMENT:
Payne motioned to adjourn the meeting. Sheerin seconded. All voted in favor of adjournment, 4-
0.
The meeting was adjourned at 7:12 p.m
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2b 7
MINUTES
HISTORIC PRESERVATION COMMISSION
THURSDAY, JUNE 12, 2008
EMMA J. HARVAT HALL
Approved
MEMBERS PRESENT: Esther Baker, Thomas Baldridge, Lindsay Bunting Eubanks, Pam Michaud, Jim
Ponto, Tim Toomey
MEMBERS ABSENT: William Downing, Ginalie Swaim, Viktor Tichy, Alicia Trimble
STAFF PRESENT: Robert Anderson, Christina Kuecker
OTHERS PRESENT: Austin Chamberlain, Ronald M. Cohen, Glen W. Fessenden, Jr., Landis Fick,
Nancy Fick, Ed Folsom, Mark Isham, Susan Isham, G. T. Karr, Michael Krogh,
Shelley McCafferty, Kelly Neveln, Rob Phipps
CALL TO ORDER: Chairperson Bunting Eubanks called the meeting to order at 6:15 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
Kuecker introduced Robert Anderson, the new intern for the City. Kuecker said that Anderson would be
working on the rewrite of the guidelines to make them more user-friendly and more streamlined.
CONSENT AGENDA:
1027 Sheridan Street. Kuecker said that 1027 Sheridan Street involves porch repairs and a porch roof
replacement. She said the applicant wants to replace some of the decking, the ceiling materials, and one
of the posts. Kuecker said that all of those would qualify the porch for a certificate of no material effect;
however, it does not qualify because if the current metal porch roof is not repairable, the owners would
like to replace it with a shingled roof.
821 Dearborn Street. Kuecker said that this project is for an outbuilding that was previously approved with
stucco siding to match the house. She said the applicant would like to change the project to use fiber
cement board or wood siding with the same color scheme to match the house.
Cohen, the applicant, said that hardi-board with a stucco finish is made, so that is what he would like to
use.
1227 Sheridan Street. Kuecker said this is anon-historic property in the Longfellow Neighborhood. She
said the owners would like to replace some windows and doors and also construct a deck on the back of
the property.
923 Iowa Avenue. Kuecker said the owners previously proposed a wood ramp here but would now like to
install an elevator lift and also change the railing design. She said that previously it was thought the railing
could be open, but because way the grading worked out there was a drop of more than 30 inches.
Kuecker stated that now there will need to be the spacing every four inches to meet building code.
Toomey asked why the house at 1227 Sheridan Street is considered non-historic. Kuecker replied that it
was built in the late 1950s and was therefore not 50 years old at the time of district designation. She said
that also it is not the same style and was not built during the period of significance for the Longfellow
Neighborhood.
Kuecker stated that if the neighborhood was now resurveyed, there is a chance that that property might
become a contributing property. She said however, that the Commission needs to make its decisions
based on the current designation.
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June 12, 2008
Page 2
Bunting Eubanks asked about changing the roof material at 1227 Sheridan. Kuecker said that the raised
seam metal roofs are expensive to replace. She said that on the rest of the house, which might have had
a metal roof at one time, asphalt shingles have been applied not too long ago.
Ponto suggested that since the application for 821 Dearborn Street is different than what was listed on
the application, it should be broken out from the rest of the consent agenda items. Bunting Eubanks
agreed.
MOTION: Ponto moved to consider an application for 821 Dearborn Street separately from the
other consent agenda items. Baker seconded the motion. The motion carried on a vote of 6-0.
MOTION: Ponto moved to approve certificates of appropriateness for applications for 1027
Sheridan Street, 1227 Sheridan Street, and 923 Iowa Avenue, subject to any conditions proposed
by staff. Baldridge seconded the motion. The motion carried on a vote of 6-0.
821 Dearborn Street. Cohen, the owner of the property, said he found a sample of fiber cement board
that looks like stucco. He said that stucco is increasing in cost year after year. Cohen said he thinks with
the fiber cement board it will look pretty much the same as previously approved.
Kuecker asked Cohen if he still plans to do the frieze board along the eaves and a band board along the
windows, or if he would want the whole face of it to be the same material. Chamberlain, the contractor,
said that they plan to put on a water table board of twelve inches, and then a shadow board. He said the
plan is to blend in with the house.
Toomey asked how the corners would be finished up and if the corners would be angled together.
Chamberlain said he would want the corners to look the same as the house.
Baldridge asked if the structure is even visible from the street. Kuecker said that it is not, but it is on the
alley, which everyone on the block uses.
MOTION: Michaud moved to approve a certificate of appropriateness for the application for 821
Dearborn Street, as proposed, with the corners to match the main house.
Toomey stated that the main house is stucco. He asked if the garage would be lap siding and what the
size of it would be. Chamberlain, the contractor for the project, said that they would be four by ten sheets.
Toomey asked if they would just be butted up against each other. Chamberlain responded that they
would be tongue and groove and would be laid out so that the trim boards would cover many of the
seams. Chamberlain said that the intent is to have as few seams showing as possible.
Baldridge seconded the motion. The motion carried on a vote of 6-0.
CERTIFICATES OF APPROPRIATENESS:
747 Grant Street. Kuecker said that this proposal is for an addition to the rear of the house. She stated
that the property is located near the intersection of Grant and Sheridan Streets. Kuecker showed an
image of the house and the location where the addition would be located. She said that it would be a 16
foot by 12 foot, one-story addition and would mimic the roofline of the existing house.
Kuecker said the addition would have fiber cement board hardi-plank lap siding to match the house. She
said the trim and the windows and the fish scale siding would all match the existing house. Kuecker said
that staff recommends approval of the certificate as presented in the application, with the exception that
instead of using the Andersen windows, the applicant now plans to use the Pella windows that would
match the windows on the rest of the house. She said that the Pella windows are wood with metal
cladding.
Baldridge asked if the place where this is attached is original or if that itself was an addition at one time.
Kuecker said she believes it was original.
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June 12, 2008
Page 3
Kuecker said that this is another property in the Longfellow District that, at the time of the survey, was
classified as non-contributing; because of the use of aluminum siding, that has since been removed. She
said that the wood siding has been restored so that if another survey of the district were done, the house
would probably be classified as contributing. Kuecker added that the Commission has to consider this a
non-contributing structure at the present time.
MOTION: Toomey moved to approve a certificate of appropriateness for an application for 747
Grant Street, as recommended by staff. Baldridge seconded the motion. The motion carried on a
vote of 6-0.
838 Dearborn Street. Kuecker said this property is just north of Jackson Avenue on the east side of
Dearborn Street. She said that it is a foursquare without its front porch, which was removed 40 to 50
years ago.
Kuecker said that aluminum siding was placed on the structure, but the applicant would like to remove the
metal siding and restore the house back to the shingle siding. She said the shingle siding probably isn't
original to the house; it was probably stucco, but the shingle siding is more appropriate to the style than
the synthetic siding.
Kuecker said the owners would also like to reconstruct the front porch using cues from the shadow line
that is on the front of the house, from the rear porch, and other porches on this style of house. She said
the proposed porch would be of fiber cement board construction with a recessed balustrade and rafter
tails like the rear porch. Kuecker said the stairs are proposed to be concrete. She said that although the
guidelines state that wood porches should have wood stairs, it is not uncommon for a foursquare porch to
have concrete stairs on a wood porch. Kuecker said staff recommends approval of this project as
proposed in the application.
Bunting Eubanks asked the owners why they wanted to use concrete stairs. Susan Isham said she was
concerned about the slipperiness of wood steps and did not want to have to chop ice off of them all
winter. Mark Isham said that concrete steps would last longer. He said that the steps are currently
concrete, and concrete is easier to maintain.
MOTION: Ponto moved to approve a certificate of appropriateness for an application for 838
Dearborn Street, as proposed. Baker seconded the motion. The motion carried on a vote of 6-0.
409 Brown Street. Kuecker said that this application is for a porch reconstruction. She stated that the
property is located on the south side of Brown Street between Gilbert and Van Buren Streets.
Kuecker demonstrated from an aerial photograph that many houses on that. side of the street have full
width porches that extend farther toward the street, showing that this property probably did have a full
width porch at one time that has been removed. She provided a picture of the current front of the house,
showing a small later addition porch in the L of the property. Kuecker showed a photograph that the
applicant found of the house with the historic porch on it.
Kuecker said the applicant would like to recreate this porch but not quite as wide, because that would put
the porch on the neighbors' driveway. Kuecker said the applicant proposes the porch to be about one to
one and one-half feet past the edge of the house and will have to apply for a minor modification from the
Building Department in order to do that, because it would put the porch within five feet of the side lot line.
She said the owners would like the motion to take that into account so that if the minor modification is not
approved, the porch could still be built at the edges of the house rather than the 1 '/z foot extension.
Kuecker said the back porch still has some of the remnants of its construction, and the neighbors' porch
is almost the same as what is shown in the photograph. She said that this house and the neighboring one
were built by the same contractor, so it is likely they had similar porches. Kuecker said that staff
recommends approval of this project. She said the owners plan to use wood for the building materials, but
if that changes, the owners will come back before the Commission. Kuecker said the owners also want to
have removable wood screens on one portion of the porch. She said that is allowed in the guidelines as
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June 12, 2008
Page 4
long as they are constructed of wood. Kuecker added that the owners would like to install ceiling fans in
the porch. She said that should be subject to staff approval. Kuecker stated that any exposed foundation
should match the foundation of the house.
Bunting Eubanks asked about the porch screens. Kuecker said that the guidelines require the porch
screens to be removable, and that is acceptable to the owners. Regarding the ceiling fans, Kuecker said
they do not require a building permit, but because they are part of the entire porch construction, the
Commission does have some purview over that.
MOTION: Ponto moved to approve a certificate of appropriateness for the project at 409 Brown
Street as proposed, subject to staffs recommendations, with the additional requirement that the
use of fiber cement board would require staff approval. Baldridge seconded the motion. The
motion carried on a vote of 6-0.
739 Clark Street. Kuecker said this proposal is for an addition to the rear of the house located at the
intersection of Sheridan and Clark Streets. She showed where the 9 foot by 20 foot addition would be
located. Kuecker said the addition would not be visible from Clark Street, and the only way it would be
visible from Sheridan Street is if the bushes in the backyard were removed, and it still might not be very
visible then.
Kuecker showed an illustration of the addition and said staff has confirmed that the roof would be of a
similar pitch as the existing porch and expressed concern that there should not be a faux gambrel edge
constructed. She said that would only be around the main wing of a house, and would not be commonly
found on an addition. Kuecker said staff recommends approval of this as presented in the application,
with the use of smooth fiber cement board for the siding material, the use of wood or metal clad wood
windows with the same divided light pattern as on the rest of the house, and with the pitch of the roof
being the same as the pitch of the porch.
Phipps, the contractor, asked a question about the muntins having to be adhered to both sides of the
glass that is not on the rest of the house. Kuecker said it is in the guidelines about the muntins, and the
Commission would have to approve that. Folsom said that the rest of the windows have snap in muntins
and only on the inside.
Baldridge asked if the screened porch is an addition. Folsom confirmed this.
Michaud said they have to match the rest of the house so that from the outside it must match the rest of
the house but did not know about the inside. Kuecker said that in the past it has been required that the
muntins are put on the front and back.
Bunting Eubanks asked if the windows were original on the house. Folsom said that the only original
windows are on the front of the house. Baldridge said that those are the windows that are visible from the
street, and the addition is very discreet in the back. Bunting Eubanks said the guidelines recommend the
wood windows that are historically accurate, even if the other ones are not historically accurate so that as
other windows are replaced, they stay historically accurate.
Phipps said he would prefer wood windows and said that he would like to only have grills on the inside.
Kuecker said the guidelines say that divided lights may be created with muntin bars that are adhered to
both sides of the glass but not with snap-in muntin bars.
Bunting Eubanks said that the Commission could discuss whether the applicants would need to use
adhered divided lights or have no divided lights, because the back side of the house does not have
permanent divided lights. Phipps said his choice would be to have no divided lights.
Baldridge said that given the situation with the house, yard, and vegetation, only the owners will see this
addition. He pointed out that this is also a second addition to the house, and it makes it interesting to
show the transitions of the house.
Historic Preservation Commission
June 12, 2008
Page 5
MOTION: Ponto moved to approve a certificate of appropriateness for the application for 739 Clark
Street as presented with staff s recommendations and with the option for either the divided light
pattern with muntin bars on both sides of the windows or undivided lights and with the option for
the windows as presented or windows that are longer in the vertical dimension that match the
existing windows on the house. Baker seconded the motion. The motion carried on a vote of 6-0.
1230 Burlington Street. Kuecker said this application is to remove the steel siding and replace it with vinyl
siding. She said this property faces Burlington and has a rear entry off of Muscatine. Kuecker said that
this is anon-contributing structure in the College Hill Conservation District. She said it is non-contributing
not because of its age but because it is a Cape Cod style, and there are no other Cape Cod style
structures in the College Hill Area.
Kuecker said that sometimes the Commission has denied the application of vinyl siding on a non-
contributing structure in a conservation district because, if it had wood siding again, it could become
contributing. She stated, however, that since this is not non-contributing for that reason, it is something
that could be allowed. Kuecker said that the guidelines do allow vinyl siding on non-contributing structures
in conservation districts.
Kuecker said the applicant wants to remove the steel siding and replace it with vinyl siding that would be
the same dimension as the wood siding that is underneath with the same exposure of four and one-half
inches. She said that when the steel siding is removed, the owners will repair all sources of water
damage and not cause further damage to the wood siding that is underneath. Kuecker said that the
proposed trim would be built out to extend in front of the vinyl siding and be wrapped with aluminum. She
said it will keep the same profile as the existing trim.
Kuecker said that staff recommends approval of this certificate as presented in the application with the
following stipulations: that the wood siding not be removed but all sources of water damage be corrected
and that the historic trim not be removed but be built out with the same profile and dimension as the
historic trim.
Karr, the contractor for the project, said he was available to answer any questions the Commission had.
He talked about the dormers on the roof and said that whoever did it stripped down the wood where one
can see the flashing along the dormers. Karr said that is when his company got involved. He said there
is no wood there, but there was excessive rot. Karr said he anticipates that when he pulls the steel siding
off there will be a mess with the condition of the wood.
Karr said the backside has a flat roof with a rubber membrane on it. He said this project will not address
the roof itself, but he is certain there is flashing beyond on that fascia board where it is coming over, and
he would like to introduce a little frieze detail to try to tie it into the house a little bit.
Michaud said this is an opportunity to correct some inconsistencies. She said that on the front of the
house there is one shutter on each side. Michaud said that if there is room for two shutters that are the
right length to match the windows that would be good, but if there is not, the Commission does not require
replacing the shutters, because they are the only ones and they do not even fit.
Karr said that on the windows he would like to take a one by six to rip it down to the exact width of the
original and bring that out flush. He said his concern on this one is that there will be issues and how far to
take wood replacement.
Toomey asked Karr if he would remove all the drywall or plaster and put in vapor barrier to the inside.
Karr said that for moisture control, it says in the report that he will be using a Dow fanfold insulation that
has a very similar perm rating as the Tyvek that lets the house breathe but does not let the water in.
Toomey said that is moisture barrier, but he is asking about a vapor barrier. Karr said that he is not doing
any inside work. Toomey said there won't be a vapor barrier so then moisture will move out to the
outside of the building and then into the wood. He said that a house will rot if the siding is put on without
the moisture barrier on the inside. Toomey said that is his concern with a lot of the vinyl that is put on
Historic Preservation Commission
June 12, 2008
Page 6
older buildings. He said that new construction will have a vapor barrier properly installed, but in houses
that were built without vapor barriers, the moisture migrates through into the wood and then they collapse.
Karr said that he would not be putting plaster on the inside but would be addressing this from the outside,
giving the house breathability without letting moisture in or out of windows, eaves, doors, etc. He said he
has not had any mold problems or that type of issue.
Toomey said the science of it is that on the inside, the heated side, there needs to be vapor barrier. He
said that older homes were not made with a vapor barrier so that in the winter, there is nothing to keep
the moisture from migrating into the wall.
Karr asked how that is different from the other applications. Bunting Eubanks and Toomey said that this
is a problem typical to vinyl. Michaud said that the vinyl does not breathe like the other materials.
Karr said that he can put Tyvek up, but there is air behind the hollow backs. He said he understands the
argument and the process very well. Karr said that whether one uses Tyvek or foam, one is doing the
same thing, if one leaves an inch gap with brick, stucco, fiber cement board, scale, or aluminum. He said
that it is a pretty hard case to make that the vinyl is going to act differently -that the vinyl will trap more
moisture. Karr said that his problem with vinyl is when people just go over the wood and do not use any
flashing, he agrees that it will be a huge mess. He said that one material or another; cement, wood, or
OSB; will do the same thing if one has the same substrate.
Bunting Eubanks stated that the guidelines discourage the use of vinyl. Toomey said that he will never be
able to vote in favor of putting vinyl on an older home unless the owner goes through the process of
putting a vapor barrier on the inside.
Karr said that the perm rating he is using will allow water vapor to escape but will not let water go in. He
said it is very similar to the perm rating on the Tyvek. Karr said that there obviously is no perm rating on
the interior vapor barrier whether one is using 4 ml or 6 ml plastic.
Bunting Eubanks asked if it is possible to put a vapor barrier on the inside to protect the house. Karr said
that would involve removing all of the trim, doors, and windows; taking the plaster and lath down; putting
new insulation in; putting the plastic up; putting grout around; finishing it; painting; and putting new trim
up. Bunting Eubanks said that it might then be better to use a fiber cement board siding than to do a
vapor barrier or something of that sort.
Bunting Eubanks said the Commission's role is to preserve older homes. Toomey said the Commission
doesn't know what the condition is under the steel siding. He said it might turn out to not be too bad
underneath and might be repairable.
Karr asked if he can get the approval for this as the guidelines state and proceed with this. He said that
at this point, from the owners' standpoint, they want vinyl siding on the house.
Bunting said the Commission could consider a motion that says that staff can have final approval if the
condition is such that this is non-repairable. Kuecker said that the Commission is allowed discretion on
any of its decisions. She said that if the applicant believes the Commission is making a decision against
what the guidelines state, then there is the ability to appeal that decision.
MOTION: Toomey moved to approve a certificate of appropriateness for the application for 1230
Burlington Street as.proposed.
Ponto said that since this is allowed by the guidelines, and he does not think it will further distract from the
conservation district and other properties, and not being able to require people to take good care of their
houses, he would vote in favor of this.
Historic Preservation Commission
June 12, 2008
Page 7
Karr asked if he tears this off and is approved for the synthetic siding, what would happen if on the front
brick side of the house the wood is rotted. He said that he doesn't want to build over rotted wood.
Kuecker said that the rotted wood can be removed but no more than that.
Karr discussed contractors using wood with knots or inferior materials.
Regarding window detail, Karr asked what he is required to do if crown molding is chipped off above
there. He said he is not going to remove any more, but is he okay just keeping the existing. Kuecker said
that is correct. Karr asked if he is okay with the frieze board detail, and Kuecker confirmed this.
Michaud seconded the motion. The motion carried on a vote of 3-1 with Toomey voting no and
Baldridae and Bunting Eubanks abstaining.
Toomey said he is voting against this, because this is the Historic Preservation Commission and he
cannot vote for something that he knows will be destructive to the building.
702 Grant Street. Kuecker stated that this project involves the removal of wood stairs and retaining wall to
be replaced with stone stairs and walls with landscaping. She said that the Commission does not
generally have purview over landscaping, but because there are stairs involved and also because one of
the retaining walls is over four feet tall, a building permit is required. Kuecker said this therefore had to
come before the Commission.
Kuecker said that the property is located on the southeast corner of Grant and Center Avenue, and the
landscaping would be located on the Center Avenue side of the structure. She said the retaining wall and
many of the stairs are currently constructed of railroad ties. Kuecker said the application proposes the
construction of stone stairs and landings such that none of the stairs would be greater than two or three
stairs and no handrail would therefore be required.
Kuecker showed the stone that is proposed to be used. Landis Fick, one of the owners, said that he
wants to terrace back a little bit from the driveway and avoid a guardrail if at all possible. Regarding the
retaining wall, he said that he also wants to keep it low enough to avoid using a railing. Landis Fick said
that the current situation with the railroad ties is both unsound and non-conforming.
Kuecker said that staff recommends approval of this application, and if it is determined that handrails or
guardrails are required, they would need to meet the guidelines for balustrades and handrails, and those
guardrails would be subject to staff approval, if needed.
Ponto said this application looks straightforward and would be a big improvement.
MOTION: Ponto moved to approve a certificate of appropriateness for the application for 702
Grant Street, subject to conditions recommended by staff. Baldridge seconded the motion. The
motion carried on a vote of 6-0.
DISCUSSION OF WORK PLAN:
Kuecker said that the work plan was included in the Commission packet. She said that the work plan was
submitted to the City Council, which had some concerns for the Commission to consider and possibly
address.
Kuecker said that the first issue concerned the district forums listed in item one of the work plan. She said
the City Council suggested coming up with a schedule prioritizing the districts or listing the ones to be
emphasized this year.
Kuecker said the City Council was also concerned about the rewriting and streamlining of the historic
preservation guidelines. She said that she informed the City Council that a capable intern has been hired
to help with that.
Historic Preservation Commission
June 12, 2008
Page 8
Kuecker said the City Council suggested also working with the Iowa City/Coralville Convention and
Visitors Bureau on the walking tours and guidebooks as a way of compiling and marketing them.
Kuecker said the City Council also offered to help in any way in terms of speaking with the Campus
Planning Committee.
Bunting Eubanks said that the grant application has been completed. Kuecker said that the Commission
should hear by July 1S' if the grant has been received. She said that if it is not received, there is another
grant due in mid-August that would allow the Commission to reapply for other grant money for the
Manville Heights Neighborhood.
Kuecker said that Mayor Regenia Bailey said that she meets with the Campus Planning Committee on a
semi-regular basis so that the Commission should let her know of any issue about which it is concerned
and she would discuss it with the Campus Planning Committee. Bunting Eubanks said that she would be
willing to write a letter on behalf of the Commission to the Mayor regarding having a summary of the
Commission's goals and concerns presented to the Campus P-anning Committee.
Regarding item number one in the memorandum to the Commission, Bunting Eubanks agreed that it is a
good idea to only work on two or three district forums per year. She said that will allow the forums to be
tailored to the needs of the particular district hosting the forum.
Ponto suggested utilizing the neighborhood newsletters to advertise the forums.
Bunting Eubanks suggested that for organizational purposes, the Commission could consider the districts
in alphabetical order. Michaud suggested that the College Green and College Hill Districts are contiguous
and have a similar composition so that they could possibly be combined for one neighborhood forum.
Bunting Eubanks suggested that Commission members be available at the neighborhood forums for their
districts in order to answer questions and provide information. She said that with ten districts, there could
be a forum held for each district once every three years, about three per year for the Commission.
Bunting Eubanks said she hoped for everyone on the Commission to tackle one task per year, be it
hosting a walking tour, working on a grant application, or providing information to property owners at a
neighborhood forum. She asked that Commission members each select some task by September.
Kuecker stated that the forums do not necessarily have to focus on historic preservation applications but
could include information about repair versus replacement, how to determine when repair is necessary,
etc. Toomey said that he would be willing to hold an educational session regarding siding and/or other
materials, possibly at the Salvage Barn.
Regarding revising the guidelines, Ponto asked if staff wanted help from the Commission or if the
Commission would be in a reactive position. Kuecker said that changes would be made based on issues
that have come up in applications and on information gleaned from what other communities have done.
She said that if Commission members know of things specifically in the guidelines that were not
addressed in the Preservation Plan, they should bring that up to staff. Kuecker said that one goal is to
remove discrepancies between the Preservation Plan and the zoning code. She asked Commission
members to let staff know of anything to be changed, added, or eliminated.
Anderson asked that if Commission members have any materials about districts that have been
resurveyed or properties that have been reclassified that the information be forwarded to him.
Michaud asked Toomey about the application for vinyl at 1230 Burlington Street. Toomey responded that
the Styrofoam is put behind there in the name of insulation value, but it has nothing to do with insulation;
it just gives a smooth surface from which they can attach the thing. He said that between that and the
vinyl it is destructive.
Historic Preservation Commission
June 12, 2008
Page 9
Toomey said that the fact that the Commission just approved that is beyond his comprehension and so he
would resign. He said he did not want to have anything to do with a historic preservation commission that
would approve putting vinyl on older houses.
Toomey stated that whether there are loopholes or not, there is a right and wrong here. He said that after
what was done at the house on Keokuk and Kirkwood, when the Commission approved what was
disallowed by the rules, he almost resigned then. Toomey said it was an illegal meeting in that the doors
were locked, and it wasn't open to the public. He said that Sunil Terdalkar put the rules up there in broad
daylight, and the Commission ignored them.
Bunting Eubanks said that the makeup of the Commission is quite a bit different now. Toomey responded
that he doesn't really care about grants or bureaucracy or paperwork, but he does historic preservation.
He said he just can't watch these things go by any more.
Bunting Eubanks said that she is not a builder and doesn't know all the ins and outs of construction, but
she does look for balance in what an owner wants versus what would be historically appropriate. Toomey
said that the property is a nice little house, whether one calls it non-contributing or not. He said that the
Commission is just rubberstamping what the homeowner wants to approve.
Regarding the house at Keokuk and Kirkwood, Toomey said that it was a wonderful house. He said that
he did not speak up then because the rules were right there that this would need to be disallowed.
Toomey said everyone then voted in favor.
Toomey then said he was resigning and left the meeting.
Baldridge said the guidelines allow vinyl siding on this non-contributing house. Baker agreed and said
that the same thing happened with 923 Iowa Avenue, and if the Commission denied this application, it
would have been appealed and then approved.
Bunting Eubanks said she sees her role on the Commission as balancing what an individual wants versus
the needs of the neighborhood. She said it is difficult to deny something that is allowed on other houses
or require that a homeowner spend $10,000 more on something more expensive.
Baker said the Commission has certainly denied people who have wanted something that was not
appropriate. She said, however, that in this case, it was in the guidelines that this could be done so that
in this particular case, the Commission was not going to win.
Ponto said that over the years there were many complaints to the City Council that the Commission was
being overly picky for non-historic structures. He said that after that there were compromises made in
having less strict guidelines for non-contributing structures.
Baldridge said he is not opposed to allowing non-contributing structures to have more leeway. Regarding
the house on Grant that will eventually become contributing, he said that the Commission may need to
develop a scheme for reevaluating structures when they are old enough to become contributing.
Baldridge said that he would talk to Heten Burford to see if she can get Toomey to come back on the
Commission.
CONSIDERATION OF MINUTES FOR MAY 22. 2008:
MOTION: Baker moved to approve the minutes of the May 22, 2008 Historic Preservation Commission
meeting, as written. Baldridge seconded the motion. The motion carried on a vote of 5-0.
Ponto thanked Kuecker for providing recommended motions in the staff report.
Kuecker said that there will be a July meeting, but there is no need for a second meeting in June
Historic Preservation Commission
June 12, 2008
Page 10
ADJOURNMENT:
The meeting was adjourned at 8:10 p.m.
Minutes submitted by Anne Schulte
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2b 8
MINUTES
PARKS AND RECREATION COMMISSION
June 3, 2008
FINAL
MEMBERS PRESENT: David Bourgeois, Craig Gustaveson, Ryan O'Leary, Matt Pacha, Jerry
Raaz, Phil Reisetter, John Westefeld
MEMBERS ABSENT: Margie Loomer, Phil Reisetter, John Watson
STAFF PRESENT: Mike Moran, Terry Robinson, Rae Lynn Schepers, Sheri Thomas,
Terry Trueblood, Joe Wagner
GUESTS PRESENT: Chris Harms, Jean Walker, Diana Harris, Gigi Wood
RECOMMENDATIONS TO COUNCIL:
None
OTHER FORMAL ACTION TAKEN
Moved by Raaz, seconded by Gustaveson, to approve the Apri128, 2008 minutes as written.
Unanimous.
MASTER PLAN SURVEY PRESENTATION:
Terry Trueblood introduced Ron Vine to the Commission members. Mr. Vine was in attendance
to give a formal presentation of the Master Plan survey results and to answer questions of those
present. He represents Leisure Vision (a division of the ETC Institute) from Kansas City, which
is the firm hired to do the survey component of the Parks, Recreation and Trails Master Plan.
He provided some background information about himself and the firm, which does more parks
and recreation surveys than any other company in the country. They have done over 500 surveys
in 46 states.
Vine then moved on to the specifics of the survey. He stated that the questions on this survey
cover a full range of customer usage of programs and facilities, their met needs and unmet needs
and also includes questions regarding their priorities when it comes to parks and recreation
programs and facilities. The firm's goal was to get 500 surveys returned. There were actually
676 surveys returned. He stated that this is a 27% return rate which is considered very good.
This number of returned surveys also lessens the margin of error. He further explained the
demographics of the survey. These were broken down by household size and type, households
with young children, teenagers and empty-nesters. The results were broken down based on
participants and nonparticipants of programs, users and non users of programs and parks, age of
the respondents, household income, the gender of the respondent and the overall value received
Parks and Recreation Commission
June 3, 2008
Page 2 of 5
by the Parks and Recreation Department. He noted that on a national basis it is usually the
women in the family who complete these surveys.
Bourgeois asked that since 27% is considered a good return, what is the bottom of the range, in
other words, at which percent do they consider re-doing a survey. Vine reported that the normal
range of return is 20%-33%. If the response is between 10 and 12 percent it is considered a
"nonresponsive biased" return. He further noted that their firm becomes concerned if there is
anything below a 20% return.
Vine went on to report some of the major findings from our survey results. He stated that the
report shows that the usage of parks and recreation facilities in Iowa City is very high. Of note
was 92% of those surveyed responded that they have visited a park at least once in the last year.
Vine stated that this is very high and that the national average is 72%. Another important
number to note is that 26% of park visitors rated the condition of the parks as excellent (national
average is 30%), 66% ranked the condition of the parks as good (national average is 54%). The
combined excellent/good score of 92% is higher than the national average of 84%. Vine noted
that the lower than average excellent rating most likely indicates that the Iowa City park system
incurs a tremendous amount of wear and tear. He also noted that 30% of respondents participate
in recreation programs, which is about average, and that 90% of them rate the quality of the
programs as either excellent or good (only 1 % rate them poor). Sixty five percent of respondents
stated that they got their information about programs through the activity guide. He stated this is
very high with 32% being the national average. Our program participation is equivalent with the
national average. Residents find that the Iowa City Parks and Recreation Department is one of
the two most important providers in the community when looking at all agencies that provide
this type of service, the Public Library being the other one. When asked what the biggest benefit
is for their household, most stated that health and fitness is most important to them followed by
preservation of open space and the environment to help make Iowa City a more desirable place
to live. Seventy-six percent of respondents are very satisfied or somewhat satisfied with the
overall value their household receives from the Parks and Recreation Department. Only 5% are
somewhat or very dissatisfied.
Vine then discussed the reasons that prevent respondent household members from using facilities
and programs. Twenty-one percent responded that they do not know what is being offered and
that the program times are not convenient. He further stated that it is very common for these two
items to be at the top of this list.
Most important facility needs to respondents are: walking and biking trails (79%), nature centers
and trails (68%), small neighborhood parks (68%), large community parks (66%), wildlife and
natural areas (64%), riverfront parks (62%), outdoor pools/water parks (56%) and indoor
swimming pools/leisure pool (56%). Some of the unmet needs discovered from this survey are as
follows: indoor facilities that include walking and jogging trails, weight rooms, cardiovascular
fitness areas, fitness areas for 50+ age group, a leisure pool, lap lanes, connecting trails, updates
and repairs to existing parks and recreation facilities and a nature trail.
Parks and Recreation Commission
June 3, 2008
Page 3 of 5
Programs that were listed as most needed by respondents are: Farmers Market (72%), adult
fitness and wellness programs (50%), special events (48%), and nature programs/environmental
education (41 %). He further noted that there is only one other city (Bloomington, Indiana) that
has farmers market listed as their most needed program.
There was some discussion as how the survey could be broken down into more categories (age,
household size) and if so, how would this affect the results. Vine stated that in some instances it
could have an affect, such as families with younger children would list playgrounds as their most
important need. However, he also stated that his experience is that doing this has not had much
of an effect on the results. Raaz asked Vine if the firm has done enough "true" surveys to be
confident in saying that the number will not shift. Vine said they have.
Vine will be working with staff further to help them understand this report and how to read and
use this survey. He further stated that the survey is just a tool, but he hopes that staff finds it a
useful tool.
Trueblood reminded those in attendance that a complete copy of the survey is available at the
Parks and Recreation offices, the City Clerk's office and the Public Library.
COMMISSION TIME/SUGGESTIONS FOR FUTURE AGENDA ITEMS:
O'Leary said that it was great to hear the review of the statistics. He was very impressed at the
last meeting that the consultants were willing and enthusiastic about being able to help us to
decipher and better understand the survey results. This is going to be really important when
going to the public to request improvements through bond referendums or other avenues. He
further stated that the great thing about having consultants is that they can help us figure out
what it going to make people happy in the future.
Westefeld expressed his appreciation to Mr. Vine stating that the information was very thorough
and helpful and it has given the Commission and staff some real direction.
Bourgeois suggested that perhaps a couple of members of the Commission work closely with the
consultants to further dissect the results of the survey. Pacha stated that he feels this is the
responsibility of staff as they ultimately will be the ones to put these suggestions into action.
O'Leary supported this statement and further stated that he trusts staff to do this.
Raaz felt that this meeting was very helpful and a good use of his time. His only suggestion
would be to run a "true" to census report for staff to review. He would be interested in seeing the
results from this report.
Gustaveson stated that he also would like to see just how much this would change the overall
results. He also stated he would like to see a comparison between Iowa City and other university
towns.
Parks and Recreation Commission
June 3, 2008
Page 4 of 5
CHAIR'S REPORT
None
DIRECTORS REPORT
Trueblood reviewed an email sent out to Commission Members regarding the CAT/Vision Iowa
Meeting which is scheduled for Wednesday, June 11. At this point Trueblood, the assistant City
Manager and/or the City Manager will be attending. Any one who is interested in going please
contact Terry. The meeting starts at 10 a.m. in Burlington.
Tonight's meeting will take the place of the June 11, 2008 Commission Meeting unless
something comes up that needs to be discussed before July. The next Commission Meeting is
Wednesday, July 9.
Westefeld asked what the next step is regarding the consultant process. Trueblood noted that the
next big step is for the primary consultants from GreenPlay to give their final presentation. The
end of July is the target for this presentation.
Trueblood reminded Commission to read the letter in their packets from employees of RR
Donnelly in which they are advocating for a trail to be constructed along South Riverside Drive
from Highway 6 through Sturgis Ferry Park. This will be an action item at a future meeting.
Bourgeois asked why the trees along College Street have been removed. Robinson said that this
was part of the streetscape plan. These trees would have been significantly damaged during the
construction, and they were all ash trees susceptible to a disease headed this way from the east.
In view of both of these factors, it was determined to remove them and replace them with
appropriate species.
Gastaveson inquired about the annual park tour. Trueblood stated that it is typically held in
September. Raaz suggested extending an invitation to the Coralville Parks and Recreation
Commission again. O'Leary also suggested extending an invitation to the University of Iowa
staff who are working with the boathouse project.
ADJOURNMENT
Moved by Raaz, seconded by Gustaveson, to adiourn the meeting at 7:05 q.m. Unanimous
Parks and Recreation Commission
June 3, 2008
Page 5 of 5
PARKS AND RECREATION COMMISSION
ATTENDANCE RECORD
YEAR 2008
NAME TERM
EXPIRES p~
~
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N
N N
'"
M ~
~ oo
N
~ rn
o
~ ~
~ ~
~ 0
p, 00
~ ~
~ ~
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David
Bour eois 1/1/11 O/E O/E O/E X X X
Craig
Gustaveson
1/1/11
X
X
O/E
X
O/E
X
Margaret
Loo.mer
1/1/12
X
X
X
X
O/E
O/E
Ryan
O'Lear
1/1/10
X
X
X
X
X
X
Matt
Pacha 1/1/09 X X X X O/E X
Jerry
Raaz
1/1112
X
X
X
O/E
O/E
X
Phil
Reisetter 1/1/09 X O/E X X X O/E
John Watson
1/1/11 O/E O/E X X X O/E
John
Westefeld 1/1/10 O/E X X X X X
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
LQ = No meeting due to lack of quorum
2b 9
MINUTES
HISTORIC PRESERVATION COMMISSION
THURSDAY, JULY 10, 2008
EMMA J. HARVAT HALL
APPROVED
MEMBERS PRESENT: Esther Baker, Thomas Baldridge, Pam Michaud, Jim Ponto, Ginalie Swaim,
Alicia Trimble
MEMBERS ABSENT: Lindsay Bunting Eubanks, William Downing, Victor Tichy
STAFF PRESENT: Christina Kuecker
OTHERS PRESENT: Cindy Elbert, Pat Elbert, Mark McCallum, Scott McDonough
CALL TO ORDER: The meeting was called to order at 6:02 p.m.
ELECTION OF TEMPORARY CHAIR:
MOTION: Swaim nominated Ponto to be temporary chair for the meeting. Trimble seconded the motion.
The motion carried on a vote of 6-0.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
There was none.
CONSENT AGENDA:
815 East Washirgton Street.
Kuecker said the owners of this property want to do some repairs of the front sidewalk and stairs. She
said that normally this would qualify for a certificate of no material effect. Kuecker said, however, that the
owners would like to remove the small L-shaped brick wall and replace it with a brick wall that simulates
the brick wall on the other side. She said the driveway and stair are not very functional at this point
because of the brick wall and added that removing the brick wall and making it straight will help
accommodate some building code issues.
Kuecker said that staff recommends approval of this item, with repairs and replacement to match the
existing and the new brick wall to be constructed to mimic the wall on the other side. She said that either
the sidewalk or the driveway should be widened so that the curb would line up with the wall coming
toward the street. Kuecker added that any handrails must adhere to the guidelines in the Historic
Preservation Handbook.
MOTION: Trimble moved to approve a certificate of appropriateness for the application for 815
East Washington Street, subject to staff conditions. Baldridge seconded the motion. The motion
carried on a vote of 6-0.
CERTIFICATES OF APPROPRIATENESS:
530 East Washington Street.
Kuecker said the Commission approved an application for the replacement of windows and installation of
a door at this property about a month ago. She stated that the property is located at the corner of
Johnson and Washington Streets.
Kuecker said it has since been found that in order to meet egress codes, five windows in bedrooms need
to be larger. She stated that if these were to stay double hung windows, the increase in size would disrupt
the rhythm of the windows of the house. Kuecker showed a window that the owner said is currently a vinyl
window and would therefore be an easy fix. She said that on the left and less visible driveway side, the
four windows to be replaced are not vinyl. Kuecker said that in order to do this, instead of increasing the
window size and using double hung windows, staff would like to see casement windows used here, with a
mullion through the middle, as has been allowed on other properties.
Historic Preservation Commission
July 10, 2008
Page 2
Kuecker said the other part of the application concerns the air conditioning units. She said the owner
planned to use window air conditioners but now would prefer not to block the new windows. Kuecker
showed the areas where, depending on the Commission's preference, the applicant would like to put a
wall air conditioning unit.
Kuecker said that staff recommends approval of the casement windows that retain the same dimension,
with the muntin bar put in the middle to simulate double hung windows and approval of the wall air
conditioner on the north side so that it is not on the prominent street face.
MOTION: Swaim moved to approve a certificate of appropriateness for the application for 530 East
College Street with the conditions that the opening for the air conditioner be located on the north
facade in keeping with the established window patterns and that the casement windows retain the
same dimension as the existing double hung windows, with muntin bars to be used to give the
appearance of double hung windows. Baker seconded the motion. The motion carried on a vote of
6-0.
811 East College Street.
Kuecker said the applicant for this property called her today and asked that the application be deferred
indefinitely.
502 '/z Clark Street.
Kuecker said that the applicant for 502 '/z Clark Street would like to construct atwo-car garage on the
southwest corner of the lot. She stated that this is a unique situation in that there is no street frontage and
that the property is completely landlocked. Kuecker said that in front of the property is 502 Clark Street
and in the back is Longfellow School. She said that the property has a driveway easement to allow
owners access to the property.
Kuecker showed the location of the potential garage and said that the applicant believes this would be an
appropriate place for the garage. She said that the applicant believes that if the garage were located in
the rear, it would require the entire side yard and most of the back yard to be paved to get to the rear
garage. Kuecker said that in the front location, the garage would not be visible from the street. She
pointed out that one can hardly even see the house at 502'/2 Clark Street from the street.
McDonough, the contractor for this project, said that one can barely see the roofline of the house from the
street, and the garage would not be as high as that. Kuecker commented that the house was originally
located at the 502 Clark Street address but was moved to the rear of the lot in the 1950s. She said that
putting the garage in front of the house would still result in it being behind the house facing the street.
Kuecker said that a garage in the front of the house is against the guidelines, which state that new
outbuildings should lay to the rear of the primary building. She said that under normal zoning code
situations, this would not be allowed because of front setback and front yard coverage area requirements.
Kuecker stated, however, that because of the unique situation of the lot, the Commission and applicant is
able to consider this.
Kuecker said that staff concerns are that this would be against the guidelines and that most of the front
yard would become paved surface. Regarding the other two portions of the application, she said that the
applicant would like to install a stair on the south side of the porch in order to get from the garage to the
porch and install a slider door on the rear of the house. McDonough said that the slider door request is
now off the table; the applicant no longer wants to do that.
Kuecker showed photographs of the house and where the garage would be. McDonough said that the
utility pole is approximately 11 feet to the north of where the garage would be located. Kuecker said that
because the garage does not meet the guidelines, staff recommends denial of this application. She stated
that the Commission would need to decide whether this is an appropriate time to make an exception to
the guidelines, which state that a new outbuilding should be to the rear of a primary structure.
Historic Preservation Commission
July 10, 2008
Page 3
McDonough said that the garage for 502 Clark Street would be side by side to this garage. He said that
he has talked to the neighbor about having a joint retaining wall.
Swaim said that she looked at the property and feels that if the garage were in the front, someone would
not see it from the street. She said that the house in the front and that house's garage would block the
view.
Ponto said another consideration is that the guidelines say there should not be a garage in the front yard.
He said that assumes that the front yard is between the house and the street, but that isn't the case here.
Ponto said this is a real exception to the intent of the guidelines.
McDonough stated that where the front steps are currently located, he can make it to be a quaint side
door that goes out the garage, into the steps, and up the deck and then continue on with a sidewalk out to
the back deck.
Kuecker commented that the applicant will be returning with designs for the garage and the paving for
approval. She said this application is for approval of the location.
Baker asked if the steps need to be included in the language of the motion, since that is part of the
application. McDonough said that would be located on the front porch. Baker said that one could just say
as proposed.
Ponto asked if the sliding door is off the table and is anon-issue. McDonough confirmed this.
MOTION: Michaud moved to approve a certificate of appropriateness for an application for 502 Yz
Clark Street, as proposed. Baldridge seconded the motion.
Baker said that because of the uniqueness of this scenario and this being such a landlocked plot with the
garage fairly hidden from the street, this is a reasonable exception.
The motion carried on a vote of 6-0.
803 East College Street
Kuecker said that the applicant was unable to attend this meeting. She said there are three primary
issues with this application. Kuecker said that three things were done to this property without a permit.
Kuecker said that this property is at the corner of Lucas and College Streets in a fairly prominent location.
She stated that until recently, the house was in a state of disrepair needed a lot of work. Kuecker said the
owner is now working on the repair of the property.
Kuecker said the first item concerns the fact that the two historic chimneys have been removed from the
house, and the applicant would like approval for that removal. She said the applicant has stated that the
chimneys were in bad condition, as a mason inspected the property and said that the chimneys could not
just be tuck pointed but would have to be removed and rebuilt. Kuecker said the applicant has also stated
that a roofer then fell into one of the chimneys, and the chimney fell into the house. She said that at that
point the applicant authorized the removal of the chimneys from the house.
Kuecker said that the second item relates to the roof and frieze board. She said that the reroof and
removal of the building gutters were approved by a certificate of no material effect, provided there would
be no change in the external appearance of the building, such that the roof would be configured in such a
way that the roof kind of kicks or flares out at the end. Kuecker said the applicant had indicated that it
would not change in appearance, but when it was reroofed, the roofline was straightened, causing the
soffits to be lowered. She said that there had been about one foot of space between the roof and the top
frames of the windows to allow for appropriate frieze board and brackets. Kuecker said that now there is
no space for that. She added that the brackets have been retained, and some of them have been rebuilt.
Kuecker said that staff has identified three possible ways to deal with this situation. She said that one
method would be to require the applicant to take off the roof and repair it back to its original look. Kuecker
Historic Preservation Commission
July 10, 2008
Page 4
said the second option would be for the applicant to do what he is doing here, and the third option would
be to install a frieze board behind the brackets. She said it would break at the windows, but it is a valid
possibility and would return the appearance of the roof closer back to its original appearance.
Kuecker said the third issue concerns the outbuildings. She said there is an old, two-story barn on the
property and noted that one vinyl window was there prior to purchase by this owner. Kuecker showed the
location where vertical siding had been removed and replaced with horizontal siding. She said that it does
not match the historic siding in dimension. Kuecker said the applicant has indicated that he was unable to
find this sort of siding, and Kuecker agreed that she was also unable to find that type of siding. She said
that it could be milled, but it is not readily available. Kuecker said the owner would like approval for the
siding that he has already installed.
Kuecker also pointed out a window that the applicant replaced with a vinyl window. She said she had
pointed out to him that vinyl windows are not allowed in historic districts. Kuecker said the owner would
like approval to either leave the vinyl window or fill in the opening and side it with the same siding. She
said that more than likely that end of the outbuilding was a barn door or garage door, and the window
would not have been original to the building.
Kuecker said that there are a few other things that are approvable by a certificate of no material effect,
but since the Commission is discussing this property, those things could be approved at the same time.
She said that these items include replacing the floor boards on the back porch, building wood stairs on
the back porch, replacing the kitchen window with a wood or metal clad double-hung window, and repairs
to the existing windows provided that the same windows are placed back into the original locations.
Kuecker said the Commission therefore needs to decide what is best for this property and for this
neighborhood. She said the Commission must decide if the chimney removal is appropriate or if the
chimneys will need to be rebuilt, which option is appropriate for the treatment of the roof and frieze board,
if the siding choice for the outbuilding is appropriate, if the vinyl window is to be allowed on the outbuilding
or a wood window should be required or the opening could be filled in, and if the traditional certificate of
no material effect items can be approved with a vote by the Commission.
Ponto suggested the Commission discuss each item individually.
McCallum said that this property is located right next to his property. He said that although he knows the
owner has not met the letter of every standard as one would like on a deal like this, it has been a very
pleasant experience having him come in and clean things up. McCallum said the new owner has really
straightened up the porch. He asked the Commission to work with the owner as much as possible.
McCallum said he is pleased with what the owner is doing and said that the owner is totally turning that
building around. McCallum stated that given what the owner had to start with, he is taking this in the right
direction.
Regarding the chimneys, Michaud said that at one time she replaced a chimney with astraight-up
chimney, and it cost $1,500. She guessed that it would be about $4,000 to put two chimneys back where
they were. Michaud asked if the fireplaces were workable. McCallum said that he did not think they have
ever been workable on that house, especially since it was built in the 1800s.
Ponto said that if chimneys are an architecturally major part of the building, the guidelines say work
should not be done that, "...removes prominent chimneys that are important to the historic architectural
character of the building." He said that the Commission would need to decide first if the chimneys were
prominent and second, if they were important to the architectural character of the building.
Michaud said that that if this were an arts and crafts building or earlier, and there were a full chimney
profile on the house, that would be one thing. She said it is too bad they are not there any more, but he
had kept the more prominent architectural features, such as the eyebrow in the front gable.
Swaim said there is less awareness among the public about chimneys being an issue, and she didn't
really know it either until this last year. She said that is one issue where there are ways for the
Historic Preservation Commission
July 10, 2008
Page 5
Commission to get that information out, although people are starting to catch on regarding porches and
windows.
Ponto said that after the tornado there were several chimneys that were down. He commented that the
Commission required a couple of them to be rebuilt, because they were important to the architectural
character of that particular building. Ponto stated that there were also several others that the Commission
said were no big loss comparatively. He said that the chimneys that Commission felt were not a big loss
were mostly just the straight ones with no enhancements. Ponto said that therefore in the past, the
Commission has considered this issue on a case by case basis.
Swaim said that when she looked at the house earlier in the day, she tried to imagine what it would look
like with chimneys. She stated that she wished that the chimneys had been repaired and saved. Swaim
said there are other interesting things about the house near the roof that are now much more evident than
they were before, so it is not as if there are not great things to look at near the roof so that she did not feel
the loss of the chimneys is an incredible loss.
Baldridge asked if is correct to assume that it is not possible to put a dummy chimney on the roof.
Kuecker said that it would require some structural work on the interior of the building. She said that there
would have been structural work present, and she did not know how much of that was left on the interior.
Baldridge asked if there was anything left of the old chimneys. Kuecker did not know.
MOTION: Swaim moved that the Commission approve a certificate of appropriateness to allow the
removal of the two chimneys from the house at 803 East College Street. Michaud seconded the
motion.
Trimble said it seems that in the past the Commission has allowed demolition of chimneys, but a lot of
those decisions were based on whether or not the chimney could be seen from the front of the house.
Ponto stated that the guidelines use the word "prominent," and this particular location is prominent. He
said that those chimneys were historical architectural characteristics of the building to him. Ponto stated
that the Commission is supposed to consider this as if the chimneys were still standing and this is a
request to remove them. He said that on the other hand, the fact that the owner is doing a lot of really
good things with this property is even more architecturally significant to him, which makes this a difficult
decision. McCallum said that he believes the owner has invested more than $100,000 in this house,
exclusive of the purchase price.
The motion carried on a vote of 3-3 with Baker, Ponto, and Trimble voting no.
Ponto said that it is important to discuss each item separately because each has individual sticking points
that need to be reiterated in the motions and the minutes. Regarding the roof and frieze board, Ponto
stated that the guidelines discuss that it is disallowed to alter the roof slope near the gutters when
covering built-in historic gutters. He said that certainly then one can cover built-in gutters, but the roof
slope cannot be altered in that case. Ponto stated that part of the reason for that guideline is that the
shape of the roof and the height of the soffit above the windows changes.
Ponto said that as far as precedents are concerned, after the tornado, there was a house on Iowa Avenue
that did not quite match this situation, but the roof shape was changed, and the Commission did require
that it be changed back to the original. Baker said that it was afour-square that originally had a flare, but
that was removed when the rebuilding was done. Ponto said the argument was that the flare was an
important architectural feature of the house. He suggested that the Commission look at this issue in terms
of its guidelines and also with respect to the architectural importance of this particular house.
Swaim said that she sees some merit in the third option, putting the frieze board in the same direction to
run up to the window, with the brackets on top of that. She said there still would be a frieze board there ,
but it would not be above the windows, but there would be something for the brackets to be on.
Michaud said that she also thinks that would be a good way to deal with this. She said that when you put
that back in, if that would work, it shouldn't be quite as deep, because if it comes too far down it could
look strange. Kuecker suggested that this go to the bottom of the brackets, perhaps ten to twelve inches.
Historic Preservation Commission
July 10, 2008
Page 6
Ponto said that it does look kind of funny to have the brackets on the siding. Michaud agreed and said
that the brackets are very important.
MOTION: Michaud moved that the Commission approve a certificate of appropriateness for the
replacement of the roof as it is and the installation of the frieze board and bracket as listed in
option three as proposed by staff. Swaim seconded the motion.
Trimble said that although the owner is doing great work with this house, if he had come before the
Commission when he was supposed to, Trimble did not believe the Commission would have approved
the change in the roof flare. She said that is what the Commission is supposed to be judging this on.
Baker said that that the front facade looks very different than the way it looked before. She said she
appreciates what the applicant is doing on this house, but it just isn't the same.
Baldridge said he appreciates the difference that this presents, having seen the older version. He added
however, that there is part of him that objects to having to undo this work. Baker pointed out that the
Commission is expected to judge an application on the merits as if the work had not already been done,
although that is difficult to do.
Swaim said that although this situation is unfortunate, she would vote in favor of the motion, as it would
be a compromise with the applicant. She added that it is important for the Commission to be careful about
bringing the applicant's situation into the discussion. Swaim stated that the Commission is looking at the
properties in terms of their present importance and long-term importance to the community, rather than
what the applicant is going through. She said although that may be a component, the most important
thing is the property itself.
The motion failed on a vote of 2-4 with Baker, Baldridge, Ponto, and Trimble voting no.
MOTION: Baldridge moved that the Commission approve a certificate of appropriateness for the
removal of the new roof and the reconstruction of the roof to its original configuration to match
the historic roof, including the exposure of the frieze board. Baker seconded the motion.
Kuecker said that because this is an income-producing property, the owner might qualify for a tax credit,
based on the amount of money he has spent on the property compared to the value of the house.
The motion carried on a vote of 5-1, with Swaim voting no.
Regarding the outbuilding, Ponto said the Commission would need to consider the siding replacement.
McCallum said that the siding that was on the building before was from the 1970s. He said that the new
siding is far superior to what was there.
Regarding the window, Baker said that it is so hard to justify the vinyl windows, because the Commission
has told so many people no. She said her preference would be for the owner to use siding to cover that
space since there was not originally a window in that location anyway.
Ponto said that the Commission would obviously prefer siding to match the existing, but if that is not
available, that is a good reason to him to accept something else. Michaud said she assumed that there is
a window of some type on the first floor. McCallum responded that there is a window on the east side.
Kuecker pointed out a second window on the outbuilding.
Baldridge asked what the distinction is between the new siding and the old above it, if it is some kind of
protrusion. Kuecker said that it is a difference in paint colors. McCallum said that the old siding was a
four-inch vertical siding, and the red is just where someone painted above the other.
Swaim said that she feels satisfied that a successful search was done by both the applicant and staff to
find the same dimension of siding. She said she is therefore in favor of the siding as proposed. Swaim
said that since there are adequate windows for egress, she would be comfortable with there being no
window on the north side of the first floor. Ponto said the Commission could give the option of having no
window or of replacement of the present window with a window that meets the guidelines.
Historic Preservation Commission
July 10, 2008
Page 7
MOTION: Swaim moved that the Commission approve a certificate of appropriateness for the
following for the outbuilding: the siding replacement and the option to close in the north side first
floor window with horizontal siding, or if a window is desired, one that meets the guidelines and is
subject to staff approval. Michaud seconded the motion. The motion carried on a vote of 6-0.
Ponto stated that there are several items that Kuecker had said could have been allowed with a certificate
of no material effect, but since the property is under consideration, the Commission can just vote on these
issues now.
MOTION: Baker moved that the Commission approve the repair or the replacement of the
deteriorated floor boards on the back (west) porch to match the existing floor boards, the
replacement of cinder block steps on the back porch with wood steps to meeting the building
code, the replacement of the kitchen window on the primary structure with a wood or metal-clad
double-hung wood window of the same size and dimension as the existing window, and repair to
the existing windows to be replaced in their original locations and to retain their original
appearance after the repairs. Swaim seconded the motion. The motion carried on a vote of 6-0.
CONSIDERATION OF MINUTES FOR JUNE 12, 2008.
MOTION: Michaud moved to approve the minutes of the June 12, 2008 meeting of the Historic
Preservation Commission, as written. Baker seconded the motion. The motion carried on a vote of 6-0.
OTHER:
Kuecker said that the City did receive the grant to do a survey of the Manville Heights Area. She said that
she and Anderson are putting together an RFP to send out and hope to have a consultant lined up by the
beginning of September, which adheres to the approved timeline.
Kuecker said that first the consultant will do a sort of drive through/reconnaissance survey to get an idea
of where the potential boundaries could be. She said that the intensive survey, including site inventory
forms and photographs of the areas designated in the first survey, would follow. She added that in this
grant application, the two stages of surveying were grouped into one request to expedite the process, and
this was approved.
Kuecker said that she received one application earlier in the month from an owner who would like to have
the Commission review the application at a second July meeting.
Ponto and Michaud said that they both preferred to have a second monthly meeting when requested,
especially in the. summer, so that homeowners are not delayed in getting projects done before fall.
ADJOURNMENT:
The meeting was adjourned at 7:30 p.m.
Minutes submitted by Anne Schulte
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Iowa City .
Public Iabrary
Minutes
Iowa City Public Library Board of Trustees FINAL APPROVED
Regular Meeting
June 26. 2008
Members Present: Michael Cohen, John Kenyon, William Korf, Tom Martin, Mary New,
Meredith Rich-Chappell, Leon Spies
Members Absent: Tom Dean, Linzee McCray
Staff Present: Barb Black, Maeve Clark, Debb Green, Susan Craig, Heidi Lauritzen, Kara Logsden,
Patty McCarthy, Elyse Miller, Hal Penick
Guests Present:
Call to Order.
Spies called the meeting to order at 5:03 pm. McCray and Dean were not in attendance
Public Discussion.
None.
Approval of Minutes.
The minutes of the regular meeting of May 22, 2008 were reviewed. A motion to approve the minutes
was made by New, seconded by Rich-Chappell. Motion carried 7/0.
Unfinished Business.
Approval of motions needs to be repeated for April and May due to posting errors of the meeting
agendas at City Hall. It was moved by Martin and seconded by Cohen to confirm the actions taken at
the. April and May Board meetings. Motion carried 7/0.
New Business
Evaluation of Director. Spies proposed to move this agenda item with the closed session for a
personnel matter to the end of the meeting so as to cause the least amount of disruption to staff. The
meeting reconvened at 6:01 pm. A motion to approve the Evaluation Committee's report recommending
a 3.3 % salary increase and an increase of 3 days vacation to 25 days each year for Craig was made
by Rich-Chappell, seconded by New. Motion carried 7/0.
Board Annual Report. The Library Board reviews last year's goals and develops goals for the coming
year each June. These are required for the City from all Boards and Commissions in September but the
Library discusses goals early so that they can be included in the Library's annual report. Craig asked
Board members to identify items they would like highlighted in the report. Craig said that from her
perspective the Library has accomplished the goals the Board set last year. Cohen asked how the
Board goals correspond to Susan's personal goals and how they are different. Craig said that Board
activities, directions and priorities are included in the Board goals and that Craig's personal goals align
with these but they are not the same. Leon asked if Board goals are more inspirational; Craig said they
are more practical in nature and basically a report for the City Council about what the Board has done
for the past year and what it hopes to accomplish in the next year.
Goals suggested for next year include the five year anniversary of the building and educating the new
City Manager about the Library and its role in our community. Responding to the unique needs that
area libraries affected by the flood will experience is another proposed goal. Looking for creative and
alternative ways to generate funding for the library was also suggested. This is also the year that the
Foundation will write its last check to the City for the building pledge. Craig will draft the Board annual
report for the July meeting.
Staff Reports.
Rich-Chappell asked about whether Factory Tours have started. Black said they have started and that
5 persons attended a tour today. This program has been very well received with attendees ranging in
age from 7-68 years old. Spies asked about Cedar Rapids Library patrons and whether they could use
our library. Craig explained that ICPL participates in Iowa's Open Access program and that we do have
a reciprocal arrangement with Cedar Rapids Public and many other Iowa libraries.
Departmental Reports:
Children's Services.
Systems. Penick noted that Qwest (our Internet provider) was only down for one day during the flood.
Our traffic was re-routed so the Internet never went down at the Library.
Technical Services.
Development Office. Next Wednesday, 7/2, is the one year anniversary of the Book End moving to the
2"d floor of the Library. A big celebration is planned for September when the Book End is ten years old.
Flood. The impact the flood had on the Library was discussed. The City Manager requested that City
departments cease programming beginning Friday, June 13 to limit the number of people coming
downtown during the flood. The Library cancelled its weekend programs in response to that request.
The west side book drop was closed on Friday the 13th, and reopened on Monday, June 16. Book drop
pickup resumed on Tuesday, 6/17. Other measures the Library took included extending renewal
periods for materials; not charging people for materials that got ruined in the flood, and waiving fines for
people who had moved materials from flood situations to a storage unit. Fortunately, we deployed four
new Internet computers just before the flood came. Many people are without other means of
communicating so this was a very timely improvement. We have extended the time that people may
stay on computers, especially when filling out FEMA forms. In addition, Library staff consolidated web
links for flood related information to make it more accessible for everyone who seeks it. Also, Katherine
Habley did programming for children who were at the shelter during the flood and some Library staff
assisted at the City's flood control call center.
FEMA staff came to look at Library space to see if it could be used for a base of operations. FEMA had
specific requirements that the Library space did not meet. John Kenyon said that he will be back in his
offices next Monday.
Gazette column. The June Reader Report was included in the packet. This is a monthly newspaper
column that ICPL selectors contribute to on a rotating basis.
Readings. Readings distributed at the meeting included an editorial about recycling used books and a
piece in the Community section of the Gazette on our Factory Tours. Also included was a tribute to Ron
Prosser, a beloved staff member who passed away on May 27.
President's Report.
Spies recounted a Ron anecdote: Early in his career he'd borrow materials from the library often to
prepare for trial. Ron was always willing to help Leon and assume the persona of a witness at a
deposition. In one particular instance Ron enacted a New Jersey high school coach and was so
convincing that a jury member told Spies how impressed he was that the coach came all the way from
New Jersey to participate in the deposition.
Announcements from Members.
Korf received a phone call from a person who complained about not receiving more computer time at
the Library.
Martin reported from the State Library Commission meeting that Overdrive is moving into rural libraries.
Also, the Iowa shared automation system product will be used by other Iowa libraries, depending on
funding. Libraries may be asked to do negative budgeting this year. Martin shared our Thinkin Lincoln
campaign with the Commission and it was well received. It was reiterated at that meeting how important
libraries are in Iowa, especially in light of the flood and tornado disasters we've experienced as a state
this year. Craig added that it has been shown that hard economic times typically result in increased
library use.
Committee Reports.
Foundation. Kenyon, a new member of the Friends Foundation, will be assuming the reporting duties
for this committee. It was suggested at the Foundation Board Meeting that the structure and operations
of the Board be changed. It was proposed that all members of the Foundation Board be members of
the Fundraising Committee since the primary responsibility of the Foundation Board is fundraising. It
was also suggested that some of the Building the Collection (BTC) event responsibility shift to the
Development Office (DO). The DO has responsibility for all other fundraising efforts except BTC and
the responsibility may be more easily shared if some changes were made. This is still in the planning
stage.
Communications.
Letter from City Attorney Eric Goers to the ACLU Foundation.
Disbursements.
Visa expenditures for May 2008 were reviewed. A motion to approve the disbursements for May 2008
was made by Cohen, seconded by Martin. Motion carried 7/0.
Set Agenda Order for July Meeting.
Planning documents
09 NOBU budget
Revisit draft of annual report
Adjournment
A motion to adjourn the meeting was made by New and seconded by Rich-Chappell. Motion passed
7/0. Spies declared the meeting adjourned at 6:07 pm.
Respectfully submitted,
Elyse Miller
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IOWA CITY TELECOMMUNICATIONS COMMISSION
MONDAY, JUNE 23, 2008--5:30 P.M.
FINAL
CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY
MEMBERS PRESENT: Saul Mekies, Hans Hoerschelman, Brett Gordon, Robert Kemp
MEMBERS ABSENT: Gary Hagen
STAFF PRESENT: Mike Brau, Bob Hardy, Dale Helling, Sue Dulek
OTHERS PRESENT: Laura Lowe, Holly Berkowitz, Phil Phillips, Beth Fisher, Damon
Shutt, Josh Goding, Lee Grassley, Tom Nothnagel, Russ Meyers
RECOMMENDATIONS TO CITY COUNCIL
None at this time.
SUMMARY OF DISCUSSION
Grassley reported that service to areas impacted by the flood have been restored where
Mediacom technicians can gain access. Subscribers are being given credit for time without
service and in areas that were evacuated. Plant destroyed in the flooding is being replaced with
upgraded equipment. Grassley is optimistic Mediacom and the Big Ten Network will be able to
reach an agreement before the football season begins. Mekies asked if there had been any
indication that Qwest or ATT has initiated or plans to initiate cable TV service in Iowa under a
state issued franchise. Grassley said neither has applied for a state franchise. It is unlikely either
would build out a system in the smaller towns. If they enter the market it would likely be in the
largest cities first. Grassley said that Internet service speeds will be increasing. Service tiers are
now at 3, 10 and 20 megabits. There will be no increase in rates, which are $29.95, $39.95, and
$69.95 without discounts for additional services. Hoerschelman noted that UI TV was down for a
period of time due to the flood. Goding reported that PATV was closed from June 14-22 due to
threats of flooding. Playback was unaffected. Equipment was moved and sandbags were placed
around the building. Goding thanked Hoerschelman for assistance with sandbagging. The Bike-
in Theater, an outdoor screening at sundown of films and videos at the PATV facility, will start
July 10. Hardy reported that the City Cable TV Office has been busy documenting conditions
prior and subsequent to the flood. Photographs were taken 7 days a week. All of the City's
press conferences were cablecast. Coverage of the large ad hoc meeting of Parkview/Normandy
Drive residents at the library was also cablecast. Audiovisual support was provided for the daily
9 a.m. meetings of various government officials. Character generated screens and crawls were
utilized on channel 4 and 5 to update citizens of conditions. Hardy said that he met with
Hoerschelman and discussed what process the Triennial Review might take. Hardy said he has
been preparing a document that summarizes all the relevant information, which includes the last
Triennial Review and the franchise agreement. Hoerschelman reported that he recently attended
a conference presented by the Fiber to the Home Council. The major emphasis of the
organization is to promote the use of fiber optic technologies regardless of who is building or
operating the system.
2
AGENDA
Kemp moved and Mekies seconded a motion to defer the PATV Board agenda item until July
2008 meeting. The motion passed with Kemp, Mekies, Hans Hoerschelman voting yes and
Gordon voting no.
APPROVAL OF MINUTES
Mekies moved and Gordon seconded a motion to approve the June 2, 2008 minutes. The minutes
were unanimously approved.
ANNOUNCEMENTS OF COMMISSIONERS
Mekies thanked Hardy for the informational report on the issues surrounding the PATV Board.
SHORT PUBLIC ANNOUNCEMENTS
Berkowitz thanked the Commission for considering the matters contained in the letter from some
of the members of the PATV Board.
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 reported that service to areas impacted by the flood have been restored where
Mediacom technicians can gain access. Subscribers are being given credit for time without
service and in areas that were evacuated. Plant destroyed in the flooding is being replaced with
upgraded equipment. Comcast and the Big Ten Network have reached a carriage agreement.
The terms are very similar to those offered by Mediacom in October 2007. Grassley is
optimistic Mediacom and the Big Ten Network will be able to reach an agreement before the
football season begins. Mekies asked if there had been any indication that Qwest or ATT has
initiated or plans to initiate cable TV service in Iowa under a state issued franchise. Grassley
said neither has applied for a state franchise. It is unlikely either would build out a system in the
smaller towns. If they enter the market it would likely be in the largest cities first. Qwest does
offer a package of services that includes marketing Direct TV, a satellite provider. Grassley said
that Internet service speeds will be increasing. Service tiers are now at 3, 10 and 20 megabits.
There will be no increase in rates, which are $29.95, $39.95, and $69.95 without discounts for
additional services.
UNIVERSITY OF IOWA REPORT
No representative was present. Hoerschelman noted that UI TV was down for a period of time
due to the flood.
KIRKWOOD COMMUNITY COLLEGE
Kirkwood provided a written report. The Kirkwood Channel continues to produce public service
announcements and "The Involvement Report" in partnership with for the Heritage Agency on
Aging. In cooperation with Mediacom the series "It All Adds Up" is receiving playback time.
Work continues on the Master Gardener program. Planning is underway for 12-15 three-minute
videos to promote Kirkwood's High School Career Academy programs.
PATV REPORT
Goding reported that PATV was closed from June 14-22 due to threats of flooding. Playback
was unaffected. Equipment was moved and sandbags were placed around the building. Goding
thanked Hoerschelman for assistance with sandbagging. The Bike-in Theater, an outdoor
screening at sundown of films and videos at the PATV facility, will start July 10. July 31 and
August 28 are the other dates. The next Guidelines class will be Sunday July 6 at 10 a.m. Other
classes will be by appointment. The next Board meeting will be July 17 at 7 p.m. At the June 19
Board meeting progress was made towards resolving disputes among Board members. PATV is
open Monday through Thursday from 12 to 9, Saturday from 9 a.m.-6 p.m. PATV is open
Sunday for workshops and special projects. Hoerschelman asked about the requests for
information from the City regarding terms in PATV's contract. Goeding said that PATV uses a
third party for book keeping and was unaware that the information had not been forwarded to the
City.
SENIOR CENTER REPORT
No representative was present.
LIBRARY REPORT
Fisher reported that equipment malfunctions have precluded live broadcasts from the Meeting
Room A. The library has a presence on YouTube and Facebook. Nine videos are available on
those sites. Channel 10 will be taping a tour of the library that shows the inner workings of the
library.
IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT
Lowe reported that summer break began June 10 and no new programs are likely to be cablecast
until fall with the exception of a new episode of Education Exchange. The school channel has
been publicizing flood relief information on the character generator screens running between
programs. Perry Ross recently completed the Technology Integration Mentoring Program that
instructs teachers how to utilize technology. Those teachers in turn can teach students. It is
hoped this can lead to student generated video programs for channel 21.
4
CITY MEDIA UNIT REPORT
Hardy reported that the City Cable TV Office has been busy documenting conditions prior and
subsequent to the flood. Photographs were taken 7 days a week. All of the City's press
conferences were cablecast. Coverage of the large ad hoc meeting of Parkview/Normandy Drive
residents at the library was also cablecast. Audiovisual support was provided for the daily 9 a.m.
meetings of various government officials. Character generated screens and crawls were utilized
on channel 4 and 5 to update citizens of conditions. The Community Television Service
produced programs for the Johnson County Task Force on Aging and a legislative forum.
Upcoming programs will be on permaculture agricultural techniques. Hardy thanked Mediacom
for their offer of any assistance they could provide related to the flood.
TRIENNIAL REVIEW
Hardy said that he met with Hoerschelman and discussed what process the Triennial Review
might take. Hardy said he has been preparing a document that summarizes all the relevant
information, which includes the last Triennial Review and the franchise agreement. That
document will probably be sent in the next meeting packet. Commissioners will need to decide
how they wish to proceed. Areas of past review are technology, financial, and customer service.
Hardy said that as there is no new information regarding Shaffer, this item should not be put off
any longer.
COMMUNITY TELEVISION GROUP FUNDS
Hardy said there the Commission did not ever formally issue final approval for the pass-through
fund allocation to the school district. Gordon moved to approve the Community Television
Group funding recommendation for the school district. Mekies seconded the motion. The
motion passed unanimously. Hardy said that at the last meeting the Senior Center requested
approval from the Commission to carry over funds provided through the CTG to FY 2009.
Hardy said that could be accomplished administratively.
PATV BOARD
This item was deferred at the beginning of the meeting to the July meeting.
FIBER TO THE HOME CONFERENCE
Hoershelman reported that her recently attended a conference presented by the Fiber to the Home
Council. The major emphasis of the organization is to promote the use of fiber optic
technologies regardless of who is building or operating the system. Iowa leads the nation in the
per capita installations of fiber to the home due to the large number of small telephone
companies. Many of these small companies are outside the Mediacom footprint. Construction
costs range from $850-$3000. Some participants questioned the lower figure. For Iowa City it is
unlikely Mediacom will unroll a fiber to the home architecture and there are not realistic
prospects for a competitor to enter- the market anytime soon. If a competitor did enter the
market, Mediacom would likely seek a state franchise. Southslope has built a fiber to the home
plant and West Branch will be upgraded this summer. State Senators Warnstadt and Doris Kelly
attended the conference. Mekies asked what impact this technology might have on Mediacom.
Grassley said there is nothing a fiber plant could provide that Mediacom cannot do with their
fiber/coax system. The next technological development in digital transmission will allow
Mediacom to send 160 megabytes. Within a year the technology could permit a full gigabites.
These advances can be made without upgrading the plant. Mekies asked what an advantage
there might be with a fiber to the home system. Grassley said copper does wear out, so fiber has
an advantage as a means of conveyance. A disadvantage is the cost and the cost of the
termination equipment needed inside the house. Mediacom will likely be totally fiber to the
home at some point in the future as their system continues to be upgraded over a number of
years.
FLOOD ISSUES
Hoerschelman said that this item was included in the agenda in case the Commission could be of
any assistance to the access channels impacted by the flood. Only the University of Iowa
television was significantly impacted by the flood and they are back on the air with no problems.
ADJOURNMENT
Gordon moved and Mekies seconded a motion to adjourn. The motion passed unanimously.
Adjournment was at 6:50 p.m.
Respectfully submitted,
Michael Brau
Cable TV Administrative Aide
TELECOMMUNICATIONS COMMISSION
12 MONTH ATTENDANCE RECORD
01/01/03 to CURRENT
Meeting Date Kimberly
Thrower Saul Meikes Brett Castillo Terry Smith Jim Pusack
6/2/03 x x x x x
7/28/03 x x x x x
8/25/03 x x x x o/c
9/22/03 x x x x o/c
10/27/03 x x x x o/c
11 /24/03 x x o/c x x
12/15/03 o/c o/c x x x
1 /2/04 x o/c x x x
1 /26/04 x x x x x
2/23/04 x o/c x o/c x
3/22/04 x x x x x
4/ 26/04 x x x x O/C
5/24/04 x x O/C x x
6/28/04 x x x o/c x
7/26/04 o/c x x x x
8/26/04 did not meet did not meet did not meet did not meet did not meet
9/27/04 X X X X X
10/25/04 X X
11/04 Did not meet Did not meet Did not meet Did not meet Did not meet
12/20/04 X X X X X
1 /24/05 X X X X X
2/28/05 X X X X
Ga Ha en
3/8/05 X X X X X
3/25/05 X O X X X
4/25/05 x o/c X X X
5/23/05 X o x vacanc X
James
Ehrmann X x Bebe
Balant ne x
6/27/05 X x X X X
X Michael
Chritians
7/25/05 O X X X X
9/26/05 0 X X 0 X
10/31 /05 X X o/c X X
11 /28/05 X X X X X
1 /23/06 o/c X X O X
2.27/06 X X X 0 X
3/27/06 o/c X X John
Weaterson
X X
4/24/06 X X X X X
5/22/06 0 x x/o 0 X
6/26/06 0 X Vacant 0 X
Nick Parker
7/24/06 x x x X
8/24/06 X x M. Wietin o/c X
9/25/06 x x x O/c X
10/23/06 x X x o/c X
10/30/06 x x x vacant X
11 /27/09 x x x X
12.18/06 X X X X
Brett
Gordon
1 /22/07 X X X X X
2/26/07 X X X X X
3/26/07 Vacant x o/c x X
4/23/07 Vacant X X X x
Hoerschelma
n
521 /07 X X o/c X x
6/26/07 x x x x X
7/23/07 x x x x X
9/24/07 X X o/c o/c X
10/22/07 x x olc olc x
11 /26/07 x x x x X
12/18/07 X X o/c X X
1 /28/08 X x o/c x X
3/3/08 X X X X X
3/24/08 Bob Kem
x x o/c X X
4/28/08 X X X X X
6/3/08 X X X X X
6/23/08 X X X X 0/C
7/28/08 X X X X X
(X) =Present
(O) =Absent
(O/C) = Absent/Called (Excused)
2b 12
APPROVED MINUTES
IOWA CITY HUMAN RIGHTS
TUESDAY, June 24, 2008
LOBBY CONFERENCE ROOM,
Members Present
Staff Present:
Call to Order
COMMISSION
CITY HALL
Yolanda Spears, Florence Ejiwale, Kate Karacay, Corey Stoglin, Martha
Lubaroff, Joy Kross, Newman Abuissa.
Stefanie Bowers.
Karacay called the meeting to order at 7:06 p.m.
Recommendations to Council (Become effective only after separate Council action): None.
Consideration of the Minutes of the May 20, 2008 meeting
Minutes approved 7-0.
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 fall of 2008. A proposal is currently
being created to distribute to Corridor employers to encourage participation in the
programs.
Discrimination Outreach Programming
Karacay and Stoglin will assist with the discrimination commercials. Employment
discrimination training will also take place in late summer or early fall.
Mr. Eze Presentation
Mr. Eze will present his program September 24 at 7 p.m. at the Iowa City Public Library.
Bowers will contact Mr. Eze in early August to go over format.
Human Rights Breakfast
Wallace D. Loh will be the keynote speaker at the Breakfast. A subcommittee of Spears,
Kross and Lubaroff will select the winners from the nominations.
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. Stoglin also reported on his Iowa City Diversity Mentoring Program.
Reports of Commissioners
Abuissa reported on the flood damage to the Mother Mosque of America located in Cedar
Rapids. Kross noted that Valerie Garr is the new Diversity Coordinator for the College of
Nursing. Stoglin mentioned he will be unable to attend the Democratic forum in Des Moines
on June 28. Karacay spoke of an upcoming program sponsored by the United Nations that will
discuss the International Criminal Court; the program will be held on July 17. Lubaroff
mentioned a program the University sponsors each summer that recruits students of color to
participate in the scientific labs at the University.
Adjournment
There being no further business before the Commission, the meeting was adjourned at
8:03 p.m.
Board or Commission: Human Rights
ATTENDANCE RECORD
YEAR 2008
(Meeting Date)
NAME TERM
EXP.
1/22
2/26
3/25
4/22
5/20
6/24
7/22
8/26
9/23
10/28
11/25
12/23
Florence
Ejiwale 1/1/09 X X X X X X
Kate Karacay 1/1/09 X X X O X X
Martha
Lubaroff 1/1/09 O X X X O X
Newman
Abuissa 1/1/10 X X X X O X
Joy Kross 1/1/10 X O X X O X
Eric Kusiak 1/1/10 X X O X X O
Dell Briggs 1/1/11 O X X O X O
Yolanda Spears 1/1/11 X O X X X X
Corey Stoglin 1/1/11 X X X O X X
KEY: X =Present NMNQ - No meeting, no quorum
O =Absent
NM = No meeting
08-11-08
2b 13
FINAL
MINUTES
City of Iowa City Animal Care Task Force
April 24, 2008 - 6:00 P.M.
Room E ICPL
Call to Order:
Members Present:
Members Absent:
Staff Present:
Others Present:
Old Business:
Meeting called to order at 6:10 p.m.
Pat Farrant, Teresa Kopel, Paula Kelly, Jane McCune, Lisa
Drahozal Pooley
Misha Goodman
George Hospodarsky, Tyson Braun
1. March 6th 2008 minutes approved as submitted.
2. Contracts for service
Coralville will accept the proposal that George Hospodarsky and Misha Goodman put
together based on percentage of use. Johnson County still needs to accept the proposed
changes. North Liberty, Oxford and Solon have already agreed. Finalization of
contracts needs to be prior to July 1, 2008.
3. Spay/Neuter summit update
Pat Farrant handed out a copy of action items from the summit. Holly Hotchkiss is
resigning from FACF effective May 31, 2008, which raised the question of who will
facilitate the next summit. Paula Kelly suggested that the people who agreed to action
items be contacted to check on progress and that a progress report be relayed to attendees
of the summit. Lisa Drahozal Pooley agreed to contact Holly and make this request.
4. City Carton pilot project update
It was agreed that neighboring businesses to the site should be contacted to make sure
they were in agreement with the pilot project and that a proposal be written to the city.
Pat Farrant will write a draft proposal and send by email to Task Force members for
review.
5. Fees, ordinance, permits -plan for recommendations to IC City Council
Misha Goodman reiterated Sue Dulek's advice that permit fees need to reflect
administrative costs involved. Therefore, based on the pet store permit process, the Task
Force determined with Misha Goodman that the amount to be charged for a pet store
permit would be as follows: $300.00 fora "major" pet store permit. A major pet store
can be defined as a pet store that sells dogs or cats; $100.00 fora "minor" pet store
permit. A minor pet store can be defined as a pet store that does not sell dogs or cats.
Misha Goodman will email drafts of ordinances to Task Force members in preparation
for a vote at the next meeting. The Task Force hopes to send recommendations for these
ordinances to the IC City Council by the end of this fiscal year.
Misha Goodman also expressed concern that some veterinary clinics are adopting out
animals without following up on whether the animals are spayed/neutered, which is not in
accordance with Iowa state laws.
Lisa Drahozal Pooley will scan and send by email the fees sheet that was discussed at an
earlier meeting.
New Business:
1. Regionalizing: Reaching out to the County and Coralville
Misha Goodman will confirm with Sue Dulek the status of the Animal Care Task Force
in light of the new contracts.
2. Review originally assigned duties and establish priorities for systematically addressing
them
Postponed until next meeting
3. Puppy mills
4. Mobile adoptions
5. Set agenda and time/date for the next meeting
The next meeting will be Wednesday, May 14t" 2008, 5:45 p.m. Room E ICPL. Note the
change in time.
Recommendations to City Council:
Task Force Member Comment:
Staff Comment:
Citizen Comment:
7:53 p.m. meeting adjourned.
2