HomeMy WebLinkAbout2008-09-09 Bd Comm minutes09-09-08
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MINUTES
PARKS AND RECREATION COMMISSION
July 16, 2008
FINAL
MEMBERS PRESENT: David Bourgeois, Margie Loomer; Ryan O'Leary, Matt Pacha, Jerry
Raaz, John Watson, John Westefeld
MEMBERS ABSENT: Craig Gustaveson, Phil Reisetter
STAFF PRESENT: Terry Trueblood (by phone), Mike Moran, Terry Robinson
GUESTS PRESENT: Del Holland
SPECIAL NOTE:
Pacha announced that Marilyn Kriz, previous secretary for the Parks and Recreation Commission
and Foundation, and Terry Trueblood's assistant for over 19 years, passed away peacefully at
home after a four year battle with A.L.S. (Lou Gehrig's Disease) on Tuesday, July 15. Pacha
passed on heartfelt condolences to the Kriz Family on behalf of the Commission and called for a
moment of silence in honor of Marilyn.
RECOMMENDATIONS TO COUNCIL:
Moved by O'Leary, seconded by Bourgeois that Citv Council consider a $300 fine, or a fine
in an amount they consider to be sufficient, to discourage littering on the Pedestrian Mall.
Unanimous.
Moved by Bourgeois that the City consider hiring only local contractors for necessary flood
damage repairs O'Leary seconded this motion with the understanding that this policy be
in effect only for flood repairs and not a change in the overall policy. Unanimous.
OTHER FORMAL ACTION TAKEN
Moved by Bourgeois, seconded by Loomer, to approve the June 3, 2008 minutes as written.
Unanimous.
DISCUSS SMOKE FREE AIR ACT AND CONSIDER RECOMMENDATIONS TO CITY
COUNCIL:
Trueblood referred the Commission to the memo in their packets from Eleanor Dilkes, City
Attorney, regarding the Smoke Free Air Act. In summary the City Council decided (as far as
Parks and Recreation is concerned) to initiate local legislation in accordance with the new state
law, and not exceed it at this time. Trueblood further stated that all of the parks and recreation
buildings are currently smoke free, but this new law takes it a step further by including the
adjacent grounds. With regard to parks, state law prohibits smoking in the areas where athletic
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July, 16 2008
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and other entertainment events are occurring, including spectator areas. For example, at the little
league diamonds at City Park, anywhere on the fields or where spectators sit or may sit, smoking
is prohibited. At the Kickers complex, everything inside the fence could be smoke free, and the
entire Napoleon complex could be considered smoke free. Beyond the parks, City Council has
determined that the area in the vicinity of the playground on the pedestrian mall should be smoke
free. Trueblood further noted that it is the prerogative of the City Council to go beyond state law
if they see fit. For example, they could declare all city parks as nonsmoking areas. He indicated
the Commission could make this or other recommendations to City Council if they choose to do
so. Pacha asked Trueblood if staff's biggest concern at this point would be enforcement.
Trueblood confirmed that this will be a challenge. While enforcement is not the responsibility of
Parks and Recreation staff, it will be necessary for staff to inform people of the law, and ask
violators to extinguish their "smoke" or leave the premises, and possibly call the police for
assistance. It is ultimately the responsibility of the Department of Public Health of enforce this
law. Pacha asked for a staff recommendation. Moran stated that staff feels it would be best to
not recommend any changes at this time, but to monitor the situation for the next six to twelve
months, then revisit the issue to see if any changes might be warranted.
Staff discussed the need for signage in the nonsmoking areas. Of note, they will need to replace
many of the signs already in place so they meet the new state requirements. Also, if it is
determined by City Council to make parks completely smoke free, there will be a need for many
additional signs. Trueblood discussed the challenge of signage in parks as many have multiple
entrances, and others have no official entrance. It may be difficult to determine exactly where
signs will need to be placed. On the other hand, he also noted that if parks are mandated to be
totally smoke free, it would make it easier for staff and the public to know a law is being
violated. Trueblood estimates that at this time new signage will cost approximately $400-$500.
This does not include the additional signs that would be needed if parks go totally smoke free.
O'Leary said that he could easily advocate either side of the issue. While he would love to see
parks and the Pedestrian Mall totally smoke free, he knows that the law has to be realistic. He
agrees with staff's recommendation to revisit the situation in several months, however, he is
concerned about the littering that making buildings smoke free may promote. He mentioned his
desire to place a hefty fine on littering in the Pedestrian Mall. He also feels that there will be a
need to increase the number of cigarette butt receptacles in this area.
Raaz asked staff to confirm that the first step is to replace or add signage to certain buildings.
Moran confirmed this to be the case.
It was the consensus of the Commission to go along with staff recommendation to monitor the no
smoking areas for the next six to twelve months, and then revisit and make necessary
recommendations for changes at that time.
Bourgeois stated that he agrees with O'Leary regarding a need for more significant fines be in
place for those who are caught littering on the Pedestrian Mall.
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July, 16 2008
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Moved by O'Leary, seconded by Bourgeois that City Council consider a $300 fine, or a fine
in an amount they consider to be sufficient, to discourage littering on the Pedestrian Mall.
Unanimous.
DISCUSS ANNUAL PARK TOUR AND POSSIBLE JOINT TOUR WITH
CORALVILLE PARKS AND RECREATION COMMISSION:
Trueblood is working with Coralville staff to plan a joint tour. The plan is to tour a few sites in
Coralville and a few sites in Iowa City. The date that has been suggested is Monday, September
15. O'Leary mentioned his desire to perhaps have a picnic during the tour or perhaps challenge
the Coralville Commission to a bocce match. He feels this would provide an opportunity for joint
dialogue between the commissions. Commission members are in agreement to schedule the joint
tour on September 15.
PRELIMINARY DISCUSSION OF PROPOSAL TO LOCATE
TELECOMMUNICATIONS MONOPOLE IN WILLOW CREEK PARK:
Trueblood reminded Commission that we have received information from Iowa Wireless about
their desire to place a cell phone monopole in Willow Creek Park. Since then, however, a
telecommunications policy has been officially adopted along with an application form. This
policy requires providers to submit such application to the City Clerks Office along with a $300
nonrefundable deposit. As of this date, such application has not been filed. Trueblood asked if
the majority of the Commission members were still willing to entertain this proposal from Iowa
Wireless.
Pacha asked where this policy leaves the Commission as far as their desire to have the funds
generated from these cell phone towers directed to the Parks and Recreation budget. Trueblood
stated that such verbiage was strongly recommended, but did not end up being part of the policy.
However, it still can be recommended to City Council by the Commission anytime an
application is reviewed. The policy does require that the process include presenting the proposal
to the affected board or commission.
Raaz recalled that the Commission discussed the idea of a few of the Commission members
meeting to discuss these proposals and to acquire all information necessary before presenting to
the full Commission. Trueblood stated that the plan is to do this at the staff level with the desire
of having all information available before presenting to the Commission.
Commission is willing to entertain this proposal from Iowa Wireless, therefore, will defer this
item until they have met with staff and have everything ready to present to the Commission.
REPORT ON FLOOD DAMAGE AND ACTIVITIES:
Robinson provided the Commission with a summary of the estimated flood damage to City Park,
Terrell Mill Park, and Crandic Park. He stated that FEMA is in a list gathering mode at this
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July, 16 2008
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point. FEMA will make a Project Worksheet and then send on to Washington for their .review
and recommendations.
Pacha asked if there was damage to the skate park. Robinson said that they have not yet been
able to determine if there is damage, however, it appears to be okay. Skaters are allowed to use it
at this time.
Robinson directed the Commission to the carnival ride section of his memo. He stated that staff
was able to move all of the amusement rides out of the park prior to the flood. However, they did
not think it would be necessary to remove the canopy from the carousel. As it turns out the water
did reach that level, therefore, damaging all of the electrical wiring. Robinson also reported that
staff will probably have to remove all of the railroad track, clean up the area and then replace. He
noted that there is a huge amount of sand and debris in the park that will have to be removed.
Robinson then discussed the condition of the Riverside Festival Stage. He noted that this area
suffered a lot of damage. Staff is assuming at this time that all of the seats (472) will need to be
replaced. An electrician has been through this area and is working on an estimate of electrical
repairs to be done. FEMA suggested that staff also include stucco replacement costs in the
estimates even though staff did not feel it may be necessary. FEMA mentioned that there usually
is damage to stucco that will present itself later down the road, therefore, Robinson included this
cost in his damage estimate. The total estimated damages at this point are $775,145.
Westefeld asked what the next step is for staff. Robinson reported that FEMA will write up the
Project Worksheet. Once this work sheet is reviewed by necessary FEMA representatives, staff
will be notified of approved items and may begin work. However, FEMA has told staff to go
ahead and get started as these items will most likely be approved.
Robinson will be meeting with contractors regarding sand removal, electrical repairs, etc.
Bourgeois asked Robinson if they will be considering local contractors for these repairs.
Robinson said that he is certainly encouraging this, however, the ultimate decision is up to the
Finance Department.
Moved by Bourgeois that the City consider hiring only local contractors for necessary flood
damage repairs O'Leary seconded this motion with the understanding that this policy be
in effect only for flood repairs and not a change in the overall policy. Unanimous.
Robinson mentioned that lower city park is shut off to motorized traffic. It is open to bicycles
and pedestrian traffic. Therefore, if Commission members want to come into the park with a
vehicle to let him know and he will make the necessary arrangements to allow them to do so.
O'Leary asked what the condition of the sand is at City Park, suggesting that perhaps it be used
at the Sand Lake Recreation facility. Robinson stated that as far as he can tell, much of this sand
will be contaminated from the material that is underneath it.
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July, 16 2008
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Raaz asked what FEMA covers as far as flood damages. Robinson stated that the information he
has received from FEMA states that they cover 90% of debris removal costs and up to 100% of
building replacement costs, but this could be changed by Congress. Raaz further asked if this
will affect the operating budget in the long run or will the Foundation need to get involved to
help raise funds to cover these costs. Trueblood stated that in 1993 the Foundation raised about
$55,000, as the staff was initially told by FEMA that they would not be covering much of the
park repairs. However, that same year another FEMA representative came in and said that they
would be covering these expenses. Therefore, not all of this money was needed for flood repairs,
but was used for trail enhancements in City Park.
UPDATE ON MASTER PLAN AND CAT GRANT APPLICATION:
Trueblood noted that the next step in the Master Plan process is the recommendations phase. The
consultants will put this together and then return in approximately mid August to give their final
presentation.
On June 11, Trueblood and O'Leary traveled to Burlington to give the CAT Grant presentation.
Trueblood feels it went okay, and Mayor Bailey had indicated to him that she thought it went
well. There was some concern by the board as to why this project is being phased over a 5-6 year
time span. Trueblood explained that they did this in order to allow the necessary funding to be
available. He further noted that the $2 million request for this grant may also be done in a phased
manner. A couple of their board members mentioned that this project may be a better candidate
for their new program which is called RECAT (River Enhancement Community Attraction and
Tourism) as this project includes a large amount of water and it sits along the Iowa River. That
funding will be available this fall. They did not take any action on the grant at that time. They
asked for a couple of more items of information which Trueblood has since provided. Trueblood
will attend their August or September meeting to see if they have any other questions. He
reported that staff is also applying for another grant for the Sand Lake Project and that is a State
Trails Grant. They are applying for around $450,000 for this upcoming year.
COMMISSION TIME/SUGGESTIONS FOR FUTURE AGENDA ITEMS:
O'Leary mentioned that he had recent opportunity to bike on some of the trails and he is very
impressed with the Iowa City trail system. He reported that based on a recent presentation by
Regenia Bailey, it appears that the Rocky Shore/Peninsula Bridge is still being considered.
Raaz reported that he has been on some of the trails and noted that there is a lot of work to be
done regarding flood cleanup. He asked Robinson if there are other parks that received flood
damage other than the three mentioned. Robinson reported that Peninsula and Waterworks Parks
received some minor damage. He is still attempting to get to the disc golf course to assess
damage. There is no damage to report at Sand Lake. He did note that the trail between Crandic
Railroad and Hills Bank did receive a lot of damage.
Raaz noted that when recently at City Park he counted only ten cars at the City Park Pool. He
wondered if there is a need for more publicity letting people know that it has reopened. Robinson
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July, 16 2008
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stated that when he was at the park just today the pool was "packed." Moran also noted that
when the pool first reopened it did take some time to get the numbers back up but they seem to
be back to a good level now.
Raaz asked when the Foundation will have their annual meeting. Pacha reported that will take
place in October.
Westefeld acknowledged and praised Parks and Recreation staff for all of the work they will
have to do during flood cleanup and repairs, and noted that this will have to be done in addition
to their regular duties.
Watson asked for an update on the University of Iowa Boathouse. Moran reported that no
construction has been initiated yet due to high water. Watson also asked if there had been any
more discussion regarding the parking concerns. Robinson reported that they have increased the
number of parking spaces in the proposed lot from 30 to 60 spaces. Trueblood then mentioned
that rowing races will not produce the same type of crowd as most other team sports. He stated
that these crowds are spread over a large area along the river, so spectators park in various areas.
He also announced that the University plans to build a commuter lot immediately north/northeast
of Terrell Mill Park that will hold between 900 and 1000 cars. Parks and Recreation staff has
encouraged the University to consider building a pedestrian bridge from that lot to Terrell Mill
Park, allowing for overflow parking during bigger events.
Bourgeois revisited his suggestion to allow free parking in the Chauncey Swan Parking Ramp
and the Recreation parking lot during the Farmers Markets on Saturday mornings. He is
disappointed that this has not been resolved to date. Trueblood said that he knows that City
Council has asked the Parking Division for revenue reports etc., and has since received them.
However, he does not think they have discussed this issue since then. He will follow up with
Council to see what the status is on this topic
O'Leary asked to speak again. He mentioned that there has been a lot of speculation about what
will happen to the homes on Normandy Drive and in the Idyllwild Neighborhood, including the
thought that perhaps the City would want to demolish the homes and use it for parkland. He
stated that he wanted it on the record that he would not endorse any such proposal unless it was
deemed absolutely necessary from an engineering standpoint.
CHAIRS REPORT:
No report
DIRECTORS REPORT
Trueblood wanted to commend all staff, in particular parks staff, for all of the work they have
done with regard to the flooding situation. A number of employees were helping out with other
department needs, working on weekends, helping with sandbags etc.
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July, 16 2008
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Boathouse: The University has submitted plans to raise the level of the boathouse. They want to
raise it 3 - 3 '/2 feet and have submitted some renderings, which the City needs to approve. These
plans will not affect the floor plan, just the elevation of the building.
Recreation Center Roof: Moran reported that the department has opened roof bids for the
Recreation Center. The bids came in just under $290,000 which is lower than architect's
estimates of $355,000. This project will start some time in early August. T & K Roofing is the
contractor. This project is scheduled to be completed by November 1.
Recreation Center Pool Art: Moran noted that this art work will be delivered by Friday, July 18.
The dedication ceremony is scheduled for September 18. The artists are waiting for delivery of
the lights, which are expected to arrive in 5-6 weeks. Installation will begin at that time,
probably just after summer.
Robinson mentioned that Iowa City Girls Softball finished up their tournament this weekend and
noted that it was the best tournament they have had.
ADJOURNMENT
Moved by Bourgeois, seconded by O'Leary to adjourn at 6:10 p.m. Unanimous.
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July, 16 2008
Page 8 of 8
PARKS AND RECREATION COMMISSION
ATTENDANCE RECORD
YEAR 2008
NAME TERM
N
N
~
00 N ~
EXPIRES O
., N
N -+
.
M ?
~ ~ O
`~ .-+
~ .ti
~ ~ ~ _
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David
Bour eois 1/1/11 O/E O/E O/E X X X X
Craig
Gustaveson 1/1/11 X X O/E X O/E X O/E
Margaret
Loomer 1/1/12 X X X X O/E O/E X
Ryan
O'Leary I/1/10 X X X X X X X
Matt
Pacha 1/1/09 X X X X O/E X X
Jerry
Raaz 1/1/12 X X X O/E O/E X X
Phil
Reisetter 1/1/09 X O/E X X X O/E O/E
John Watson
1/ 1/ 11 O/E O/E X X X O/E X
John
Westefeld 1/1/10 O/E X 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
IOWA CITY TELECOMMUNICATIONS COMMISSION
MONDAY JULY 28 2008--5:30 P.M.
FINAL
4b 2
CITY CABLE TV OFFICE, 10 S. LIMN ST.-TOWER PLACE PARKING FACILITY
MEMBERS PRESENT: Saul Mekies, Hans Hoerschelman, Brett Gordon, Robert Kemp, Gary
Hagen
MEMBERS ABSENT:
STAFF PRESENT: Mike Brau, Bob Hardy, Dale Helling, Sue Dulek
OTHERS PRESENT: Laura Lowe, Holly Berkowitz, Phil Phillips, Beth Fisher, Damon Schutt,
Josh Goding, Lee Grassley, Tom Nothnagel, Michael McBride, Susan
Rogusky, Chris Curtland, Jonathan Rattner
RECOMMENDATIONS TO CITY COUNCIL
None at this time.
SUMMARY OF DISCUSSION
Grassley reported that negotiations with the Big Ten Network are proceeding. Each side has agreed to
make no public comment on the negotiations. Hoerschelman noted the increase in rates including a very
small increase in the basic tier, a $3 increase in the Family Package, a $5 increase in additional DVR
equipment, and a $5 fee to pay bills by phone. Grassley said Mediacom decided to increase the rental on
a second DVR because there is a nationwide shortage of DVR machines and it is hoped that by
discouraging customers from getting additional DVRs that it will free them up for those waiting. Goding
distributed PATV's quarterly financial reports. In 2000 the City asked PATV to start putting funds in
reserve. PATV now has about 6 months of operating expenses in the bank. Goding referred to the Client
Satisfaction Survey for 2005-7 and said there was a high level of satisfaction from PATV producers.
Hoerschelman read the memo from Assistant City Attorney Sue Dulek advising the Commission that they
have no authority to intervene in an internal dispute among members of the PATV Board and should not
create the false impression that they do. Hagen said the committee of himself and Mekies did not discuss
that matter but have read the report written by Hardy that summarized the issues. Hagen said in light of
the legal advice that there doesn't appear there is anything the Commission could do. Mekies said that
while the Commission can take no action they might have the responsibility to speak up. The
Commission could make a statement without taking any specific action.. PATV would be under no
obligation to follow the advice of the Commission. Gordon said the Commission should not discuss the
matter if Commissions have not attended a PATV Board meeting to actually see what's going on. At
PATV Board meetings discussions of the sustainability of PATV have been subverted. PATV has not
addressed, and desperately needs to discuss, the risk to future funding in light of legal developments now
in process. Hardy said it is the responsibility of the City administration to ensure the PATV contract is
being fulfilled. Goding's report indicates PATV is functioning well. Hoerschelman asked Dulek if there
was any risk for an entanglement of the City if a Commissioner were to attend a PATV Board meeting as
a Commissioner. Dulek said there is no reason for a Commissioner to attend a PATV Board meeting
unless there was an issue to address that such as the need for a new camera or more staff as opposed to
being involved in the internal operations.
APPROVAL OF MINUTES
Mekies moved and Hagen seconded a motion to approve the amended June 23, 2008 minutes. The
minutes were unanimously approved with Gordon not yet in attendance.
ANNOUNCEMENTS OF COMMISSIONERS
Hoerschelman said that literature, a DVD, and a power point presentation from the fiber to the home
conference he recently attended will be left with the City Cable TV Office for other Commissioners to
review if they wish.
SHORT PUBLIC ANNOUNCEMENTS
None
CONSUMER ISSUES
Hardy reported that there were five complaints over the last month. All have been resolved. Grassley
said that there have been some problems with image and sound synching. Mediacom is working on the
problem but could not give a timeframe for it to be corrected. Hagen said that Mediacom's decision to
not charge customers impacted by the flood and to not charge customers for damaged equipment
belonging to Mediacom is to be commended.
MEDIACOM REPORT
Grassley reported that negotiations with the Big Ten Network are proceeding. Each side has agreed to
make no public comment on the negotiations. Hoerschelman noted the increase in rates including a very
small increase in the basic tier, a $3 increase in the Family Package, a $5 increase in additional DVR
equipment, and a $5 fee to pay bills by phone. Grassley said Mediacom decided to increase the rental on
a second DVR because there is a nationwide shortage of DVR machines. It is hoped that by discouraging
customers from getting additional DVRs that it will free them up for those waiting. Charging to pay by
phone will encourage customers from utilizing customer service representative time when there are
numerous other ways to pay. Mediacom is the last of the top 10 cable operators to charge to pay by
phone. Hoerschelman asked if consumers will be given ample warning. Grassley said a billing message
will be sent and probably won't go into effect until the first of the year. Kemp said that some customers
have told him that they are switching to a satellite service because they anticipate Mediacom's rates to go
up if the Big Ten Network is added and the satellite providers already carry the Big Ten Network.
Hoerschelman asked Grassley how Mediacom might react to the recent FCC decision on franchising.
Grassley said that as Mediacom converts to state franchises the order will not apply to them. State
franchises are exempt from the rule.
UNIVERSITY OF IOWA REPORT
McBride reported that UI TV was down for eight hours due to the flood. All the equipment had to be
evacuated. Everything was back to normal by July 3. Mediacom was very helpful in getting UI TV back
on the air. A six-month report was included in the meeting packet.
KIRKWOOD COMMUNITY COLLEGE
Kirkwood provided a written report. 55 new hours of programming were produced and cablecast in the
last quarter. Among the new programs were Kirkwood student productions, Kirkwood Jazz Concerts, the
Involvement Report, and It All Adds UP.
PATV REPORT
Goding distributed quarterly financial reports. Goding reported that in 2000 the City asked PATV to start
putting funds in reserve. PATV now has about 6 months of operating expenses in the bank. Goding
referred to the Client Satisfaction Survey for 2005-7 and said there was a high level of satisfaction from
PATV producers. PATV plans to collect more information from producers via the web and mail-in post
cards. The Live and Local program over the past few months have featured FEMA and the Small
Business Administration, and the Everette Conner Center. A program with some members of the Cultural
Corridor discussing how the flood impacted the arts is planned. Additional programs on Amicorps,
Career Connections, and Goodwill are also planned. Materials and information related to the regional
conference of the Alliance for Community Media are available at PATV's website. Schools in the Iowa
City Community School District have approached PATV for assistance in producing training videos
regarding the "Positive Behavioral Support" program. The program will be cablecast on PATV and the
school channel. It is anticipated that PATV and the school channel will be sharing more programming in
the future. A baseball video produced by kids from the neighborhood centers was shown at a recent Bike-
In Theater. The July 31 Bike-In Theater will feature videos of local bands. The next guidelines
workshop will be Aug 3 at 10 a.m. All other workshops are by appointment.
SENIOR CENTER REPORT
Rattner reported that one goal over the past 3 years was to get more University students involved with
SCTV. In that period SCTV has developed a working relationship with the Intermedia Department,
which has developed the SCTV website. The CTG funds committed to the Spanish-speaking program has
brought more students to SCTV. Several University classed have worked with SCTV as well. In the last
6 months nine students from those classes have volunteered time. SCTV has been producing a number of
half hour length series of programs, among which are Street Talks Raw, aman-on-the-street interview
program, a series on the environment, and War Stories, an oral history on World War II. The
intergenerational show will likely start production in the fall with students from the school district's
English Language Learner program. SCTV recently purchased three new cameras.
LIBRARY REPORT
Fisher reported that the new switcher has been installed for Meeting Room A and is fully operational.
The Summer Reading programs have been held in June and July and a lot of children have participated.
The programs are cablecast on the library channel. A series of programs on the collections in the library
is being shot. The programs will be cablecast as well as made available on the library website and
YouTube.
IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT
Lowe reported that the school channel had an outage due to an equipment failure but the problem was
quickly fixed. Lowe has asked Perry Ross to form a video production task force to talk with school
administrators and the school board about generating for education-based programming and to consider
hiring apart-time video production staff member to assist in that goal. Mekies said that is something the
Commission has wanted for a long time and offered any assistance the help the process along.
CITY MEDIA UNIT REPORT
Hardy reported that the -City Cable TV Office has been busy cablecasting many of the local music
concerts. The Community Television Service will be taping the Crisis Center's Thanksgiving in July
event. A promotional piece for the Landlocked Film Festival was recently finished. A series of programs
with Mercy Hospital on healthy cooking will begin taping soon.
PATV BOARD
Hoerschelman read the memo from Assistant City Attorney Sue Dulek advising the Commission that they
have no authority to intervene in an internal dispute among members of the PATV Board and should not
create the false impression that they do. The Commission should take no action in the dispute. Hagen
said the committee of himself and Mekies did not discuss that matter but he has read the report written by
Hardy that summarized the issues. Hagen said in light of the legal advice that there doesn't appear there
is anything the Commission could do. Mekies said that while the Commission can take no action they
might have the responsibility to speak up. The Commission could make a statement without taking any
specific action. PATV would be under no obligation to follow the advice of the Commission. The
Commission has an obligation to the parties involved to respond to their concerns and the Commission
should discuss the issues involved. Hagen said the Commission only has jurisdiction on how the access
channels are used. The Commission cannot control the content or how the channels are managed.
Gordon said the Commission should not discuss the matter if Commissions have not attended a PATV
Board meeting to actually see what's going on. Discussions at PATV Board meetings of the
sustainability of PATV have been subverted. The PATV Board has not addressed, and desperately needs
to discuss, the risk to future funding in light of legal developments now in process. Hardy said it is the
responsibility of the City administration to ensure the contract is being fulfilled. Goding's report
indicates PATV is functioning well. Hoerschelman asked Dulek if there was any risk for an entanglement
of the City if a Commissioner were to attend a PATV Board meeting as a Commissioner. Dulek said
there is no reason for a Commissioner to attend a PATV Board meeting unless there was an issue to
address such as the need for a new camera or more staff as opposed to being involved in the internal
operations. Hagen said PATV appears to be functioning well and the people involved in the dispute
should be able to work it out. Gordon abruptly left the meeting at this point. Hoerschelman said he
believes the matter is an internal issue that should be addressed by the PATV Board. If the matter begins
to impact on the operations of PATV and their ability to fulfill their contract the Commission will
certainly become involved. Hoerschelman said he respects Mekies opinion and that Commissioners
should not feel restricted, but for him, it is an issue of the Commission's duty in this particular instance.
Perhaps the period between when the issue was first brought to the Commission and the present time has
served as a cooling down period which will better enable the parties to resolve the issues. Nothnagel said
the majority of the PATV Board is in agreement and gets along well. There are a couple people who are
not producers who have a different agenda and they brought the matter to the Commission. Schutt said
that when he joined the PATV Board 2 years ago he felt welcome and needed. He later felt the Board had
become a cliquish group of producers and that new blood was not wanted on the Board. Despite that
feeling he (Schutt) was elected chair. Nothnagel had been chair for seven years and Schutt believes
Nothnagel resented the fact that Schutt was elected. Hagen said Gordon's comments to Hagen were
uncalled for. It is inappropriate for Commissioners to leave a meeting when they disagree with
something. Hagen said it will be difficult for him to work with Gordon without an apology. He added
that it appears by the summary of issues that Gordon may have a conflict of interest between his role as a
Commissioner and his actions at PATV.
TRIENNIAL REVIEW
Hardy referred to the memo in the meeting packet outlining 4 areas covered by past Triennial Reviews.
Kemp suggested that it would be more efficient and productive if each committee consists of 2 people.
Hardy said that once it is determined who will be working on each area the next step would be to consider
the questions they wish to ask and the information they will need. Brau said that he will send out an
email with the 2003 Triennial Review attached and that can serve as a contact point for Commissions
indicating their interest among themselves.
ADJOURNMENT
Kemp moved and Hagen seconded a motion to adjourn. The motion passed unanimously. Adjournment
was at 7:10 p.m.
Respectfully submitted,
Michael Brau
Cable TV Administrative Aide
TELECOMMUNICATIONS COMMISSION
12 MONTH ATTENDANCE RECORD
01/01/03 to CURRENT
Meetin Kimberly Saul Meikes Brett Castillo Terry,Smith Jim Pusack
g
Date Thrower
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 Did not meet
meet
12/20/04 X X X X X
1 /24/05 X X X X X
2/28/05 X X X_ X
Gar 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 0/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
Hoerschelm
an
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 o/c o/c 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 Kemp
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
8/25/08 X X X o/c x
(X) =Present
(O) =Absent
(O/C) = Absent/Called (Excused)
4b(3)
Iowa City .
Public Iabrary
Minutes
Iowa City Public Library Board of Trustees FINAL APPROVED
Regular Meeting
Jul 24, 2008
Members Present: Tom Dean, John Kenyon, William Korf, Linzee McCray, Mary New,
Meredith Rich-Chappell
Members Absent: Michael Cohen, Tom Martin, Leon Spies
Staff Present: Maeve Clark, Debb Green, Susan Craig, Heidi Lauritzen, Patty McCarthy, Elyse Miller,
Hal Penick
Guests Present: None.
Call to Order.
President Dean called the meeting to order at 5:03 pm.
Public Discussion.
None.
Approval of Minutes.
The minutes of the Regular Meeting of June 26, 2008 were reviewed. A motion to approve the minutes
was made by New and seconded by McCray. Motion carried 5/0.
Unfinished Business.
Approve Board Annual Report. McCray suggested a language change to Accomplishment Number 6.
New asked about Goal 5, which calls for supporting flood damaged libraries. Craig said that she visited
the Cedar Rapids Public Library yesterday with the State Librarian, Mary Wegner and others to see
what kind of help they needed. Wegner is working on a plank to propose to the Iowa Legislature for
special funding for libraries affected by the floods. Craig described the extreme situation faced by the
CRPL. They need money and moral support right now. A motion to approve the Library Board annual
report with the suggested changes was made by Korf and seconded by McCray. Motion carried 5/0.
Rich-Chappell entered the meeting at 5:11 pm.
New Business
FY08 Planning Review. Korf remarked that the FY08 strategic plan report was very detailed.
FY09 Plan. Dean asked about offering fax service and whether or not this was necessary since the
technology seems old. Staff explained that there are nearby locations that have a fax machine but they
close at 5:00 pm and we are open later than that most days. New asked about creation of hold slips.
Hold slips are currently handwritten and vary in legibility and staff want to explore computer generated
slips. Rich-Chappell asked about Paging, Goal 3 Strategy A, 2, in which a patron can request materials
be pulled from shelves and/or place holds for items on shelf. It is an advanced customer service that
will be studied for cost and impact in FY09. Kenyon asked about Goal 6 Strategy A, Disaster Plan.
There is a staff committee working on the Library's disaster plan. Green, who heads the committee,
said that recent events have shown us other things to include in our disaster plan. Motion to approve
the FY09 Plan was made by Kenyon and seconded by New. Motion carried 6/0.
FY10 Plan. This is a first look at the strategies for the FY10 plan and it is used during the budget
process.. Kenyon asked about Goal 1, Strategy B, 2 and 3, Blu Ray and ebooks, and whether people
will want to wait until FY10 for these methods of offering content. Craig said that we will watch the
penetration of the market for this technology and how many requests we receive from patrons for these
items. New asked about Goal 3, Number 2, Consider valet (carryout) service. Craig described that this
service would help carry materials out of the building for patrons, for example, who have a few young
children with them at the library, or for older patrons who have heavy materials they've just checked
out. Rich-Chappell asked about Big Books. McCray asked about hosting an III meeting. Motion to
approve the FY10 plan as presented was made by New and seconded by Rich-Chappell. Motion
carried 6/0.
PR Plan. Staff reviewed the strategic plan and identified items that required public relations attention.
New moved to approve the Public Relations plan and Kenyon seconded. Motion carried 6/0.
FY09 NOBU Budget. New suggested and hoped that there would be publicity about our support of
Cedar Rapids Public Library to encourage other local libraries to contribute to CRPL's recovery. Motion
to approve the FY09 NOBU budget was made by Kenyon and seconded by Korf. Motion carried 6/0.
Staff Reports.
Departmental Reports:
Adult Services. New suggested a minor correction. Bill Casey is publisher of the Daily Iowan, not the
editor.
Circulation Services. McCray appreciated the description of a child receiving their first library card.
Dean was glad that Library Bus was successful this year. Craig said that it was an improvement from
last year's model.
Information Services. Rich-Chappell noted that there seem to be fewer conduct problems at the Internet
computers and in other areas of the library this summer. Clark agreed that there is improvement this
year. There are a number of reasons for this including Teen Tech Zone, which is available a number of
times a week. Clark said that the Recreation Center is experiencing an equally improved summer with
fewer challenges than last year.
Development Office. There were 3,000 books at The Book End Book Sale last weekend. It was a great
sale and the Friends Foundation raised almost $2,300. The Book End is currently looking for nonfiction
books, primarily, but as always, all donations are welcome.
Succession Plan. Craig believes that any of the managers could fill in if she was away or unable to act
as director, but felt that staff feel more comfortable when there is a written plan in place.
Gazette column. The July Reader Report was included in the packet. This is a monthly newspaper
column that ICPL selectors contribute to on a rotating basis.
Readings.
President's Report.
Dean offered thanks to Tom Martin and Leon Spies for agreeing to serve as Vice President and
Secretary of the Library Board of Trustees, respectively. He offered appreciation to McCray for her last
two years as President. Dean offered the Board's condolences to Tom Martin on the death of his father.
Dean thanked everyone for contributing to the Ron Prosser piece he wrote in Little Village.
Board Dinner. The Board dinner usually occurs directly after the July or August Board meeting. This
year the date is 8/28/08. It was recommended and agreed to be held at Vesta restaurant following the
August meeting. Managers and guests are invited.
Announcements from Members.
McCray wanted to thank everyone on the Board who served on Committees during her tenure as
president, and Craig and the other managers for their support during her presidency.
Committee Reports.
None.
Communications.
None.
Disbursements.
Visa expenditures for June 2008 were reviewed. A motion to approve the disbursements for June 2008
was made by New and seconded by McCray. Motion carried 6/0.
Set Agenda Order for August Meeting.
Annual Report
Encore demonstration
Letter of Understanding from the Friends Foundation
Adjournment
A motion to adjourn the meeting was made by Kort and seconded by Kenyon. Motion passed 6/0. Dean
declared the meeting adjourned at 6:08 pm.
Respectfully submitted,
Elyse Miller
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4b 4
MINUTES APPROVED
HISTORIC PRESERVATION COMMISSION
THURSDAY, AUGUST 14, 2008
EMMA J. HARVAT HALL
MEMBERS PRESENT: Esther Baker, Thomas Baldridge, Lindsay Bunting Eubanks, William Downing,
Pam Michaud, Jim Ponto, Ginalie Swaim, Alicia Trimble
MEMBERS ABSENT: Victor Tichy
STAFF PRESENT: Christina Kuecker
OTHERS PRESENT: Helen Burford, Jennifer Cook, Mike Lange, Deb Quade, Mike Wombacher
CALL TO ORDER:
Chairperson Bunting Eubanks called the meeting to order at 6:03 p.m.
PUBL[C DISCUSSION OF ANYTHING NOT ON THE AGENDA:
There was none.
CERTIFICATES OF APPROPRIATENESS:
508 Rundell Street. Kuecker stated that this is a contributing property in the Longfellow Historic District. She said
the applicant proposes a rear porch addition to this foursquare-type house. Kuecker said the proposed porch would
be a 12 foot by 20 foot screened porch. She said the applicant has indicated that the rear porch will match the front
porch in details and roofline. Kuecker added that the porch would be of wood frame construction, with the columns,
soffits, eaves and other trim to match the front porch. She said the owner will use treated lumber for the
construction.
Kuecker said the guidelines allow for the addition of a new porch, provided the porch is consistent with the historic
house. She said the applicant has indicated the porch will match the existing front porch in detail. Kuecker said that
if required, the handrails must be consistent with the guidelines.
Kuecker stated that pretreated porch decking is allowed for rear porches, provided the gaps between the boards do
not exceed an eighth of an inch. She said staff feels this project is consistent with the guidelines and design of the
existing structure. Kuecker said, however, that staff recommends that paintable, untreated wood be used for anything
above the decking, which would allow the wood to be painted immediately. She said that if treated lumber is used,
as soon as it is able to be painted, in approximately six months, it should be painted.
Kuecker said staff recommends approval of the project with the conditions that: the screens be wood framed, the
porch skirting of the same style as the front porch be installed between the porch piers; the roofline should match the
front porch roofline; details such as trim, columns, soffits, eaves, and foundation piers are to match the front porch
as closely as possible; all exposed wood being painted; and any handrails that are needed must be consistent with
Section 4.10, Balustrades and Handrails, of the Preservation Handbook.
Cook, the owner of the house, said she wanted to add a screened porch in the back and plans to match the front
porch. Bunting Eubanks said that in the drawing it almost looks like the siding is actually on the columns. Cook
said that is just the drawing and the program that she used.
MOTION: Ponto moved to approve a certificate of appropriateness for the application for 508 Rundell
Street, as proposed, subject to the staff recommendations. Baldridge seconded the motion. The motion
carried on a vote of 8-0.
Historic Preservation Commission
August 14, 2008
Page 2
724 Dearborn Street. Kuecker said that this is a contributing property in the Dearborn Street Conservation District
and showed where the house is located north of Sheridan Street. She referred to a photograph in the packet of what
the house used to look like. Kuecker stated that between the time the survey was done and the designation, the
second story was added. She said the house used to have a hip roof, and now it has a gable roof. Kuecker said that
the house has had significant alterations, even though it looks like a typical craftsman house.
Kuecker said the applicant is proposing a just over 26 feet by nine foot one-story addition to the rear of the property.
She said the addition has a hip roof with approximately a 3:12 slope. Kuecker said the siding is to be fiber cement
board. She said that trim, porch railing, porch posts, fascia, and soffits will be wood. She said that three new double-
hung windows will be installed, and the foundation is to be of concrete block.
Kuecker said the guidelines do allow for additions to historic houses, provided the addition is compatible with the
historic building. She said that staff finds that in general the application does meet the guidelines. Kuecker said there
are currently two entryways shown coming into the mudroom: one from the porch and one from the backyard. She
said that it may be more functional to only have the entry from the porch.
Quade, the owner of the house, said that the fence shown in the photo would have to be moved out to the edge of the
garage. She said that the point of that door is to force her dog to immediately go into the dog yard. Quade suggested
having athree-quarter light door, which would look like another window from the alley if it were designed right.
Kuecker said staff recommends approval of the application with the option of the owner having one entrance
directly into the yard and one to the porch or only one entrance to the porch. She said that if only one entrance is
desired, an additional window may be placed in the location of the door to the yard. Kuecker stated that the fiber
cement board siding should have a smooth finish with a dimension to match the existing siding, all porch elements
should be constructed of wood with all exposed wood to be painted, windows should be one over one double hung
wood or metal clad wood windows to match the existing windows, and all handrails should be consistent with the
4.10 Balustrades and Handrails Section of the Preservation Handbook. Kuecker pointed out that if the vertical
dimension is 30 inches or less, a handrail is not required.
Baldridge asked about the three new double hung windows to be installed. Kuecker showed where two new
windows would be located and showed on the plan where the third window would be. She said that the three other
windows that are on the back of the porch are the existing windows.
Ponto asked for more information about the proposed doors. Quade said that she was thinking of something like a
three-quarter light, so there is more light coming in rather than a solid door. Ponto asked if it would be just one door
rather than a door and a screen door. Quade said that on one of those doors she would probably want a screen door
just to get more air circulation.
Bunting Eubanks said that it looks very balanced from the back. She said that even though there are not three
windows on the left, there is a door, which helps balance the back of the house.
MOTION: Trimble moved to approve a certificate of appropriateness for the application for 742 Dearborn
Street, subject to conditions proposed by staff. Michaud seconded the motion. The motion carried on a vote of
8-0.
RECONSIDERATION OF CERTIFICATE OF APPROPRIATENESS FOR 803 E COLLEGE STREET:
Kuecker stated that the Commission first reviewed this application at its July 10`h meeting. She said that at that time,
the vote was four for denial and two in favor of an application to alter the roofline at the location of the built-in
gutters.
Kuecker said that at the last meeting, the applicant asked the Commission to reconsider the application, as he was
unable to attend the July 10`h meeting. She said the Commission approved the reconsideration.
Historic Preservation Commission
August 14, 2008
Page 3
Kuecker said this property is at the corner of Lucas and College Streets. She said the applicant began work on the
roof without obtaining a building permit or historic review. Kuecker said that when a stop work order was issued,
the applicant applied for historic review and indicated there would be no exterior change to the property. She said
this prompted staff and the chair to issue a certificate of no material effect. Kuecker said that when the reroofing was
complete, the slope had been altered at the location of the exterior gutters, which were approved for removal or
covering.
Kuecker added that the applicant is now asking for approval to leave the roof as is now, with where it used to flare
on the roof, straightening it out and lowering the soffit. She said the applicant has indicated that he intends to put a
frieze board underneath the soffit and reinstall the decorative brackets. Kuecker showed a photograph of the roof as
it is now, as well as an image from the time the survey was done showing the flare in the roof, as well as the frieze
board and the brackets.
Kuecker said the original staff report included three possible options to address the roof: the removal of the new roof
and reconstruction to make the new roof match the historic roof; reinstalling the brackets without a frieze board, as
has been done, which has been eliminated as an option; or installing a frieze board with the same dimension as the
original frieze board under the soffits, along with the reinstallation of the decorative brackets. She stated that at its
July 10`h meeting, the Commission decided that option one was the one that upheld the guidelines, was most
appropriate for the house, and would be best for the district.
Kuecker said that staff recommends that when reconsidering the application, the Commission should not be arbitrary
or capricious but needs to uphold the guidelines. She said that if an exception to the guidelines is made, an
appropriate reason needs to be cited in order to not create a negative precedent and cause other applicants to do work
without a permit and then request that the work be kept as it is.
Kuecker said she included in the packet a statement from the roofer that says that the reconstruction the way the roof
formerly was would not be possible. She said she also included a list of precedents of other times the Commission
has discussed alternatives. Kuecker said that the Commission discussed a similar issue with regard to 517 Grant
Street. She showed a photograph of the house as it is today. Kuecker said that the roof used to come down, and the
built-in gutters were covered with a slightly different roof slope.
Kuecker showed photographs of the property at 30 South Governor, which had a roof slope alteration. She showed a
photograph of the roof as it is today and the work as it was being done.
Kuecker said that at 817 Iowa Avenue, a hip roof was added to what was previously a gable roof. She said this was
quite a substantial alteration of the roof slope, but since this was anon-contributing property, it was not deemed
inappropriate by the Commission.
Kuecker showed photographs of 934 Iowa Avenue as it is today. She said that, similar to what has happened on
College Street, the roof used to have a flared edge, which has been straightened out. Swaim asked if the roof had
originally extended even farther out than it does currently. Kuecker confirmed this. She said that when the roof was
damaged in the tornado, the owner was not certain that it could be rebuilt without crossing the property line.
Kuecker referred to the house at 830 College Street, where the owner had removed the rolled edge and straightened
it. She said that the Commission required the owner to put the rolled edge back on the house, because it involved the
demolition of a significant architectural feature. Kuecker said these are some examples to keep in mind when
considering the application for 803 College Street.
Wombacher, one of the owners of the property, said that not just that but between that and the carriage house
alignment, he has put $36,588 just into the new roof. He said that fact that it has changed, and he explained last time,
and it was his partner who actually filled out the form, was not saying that they weren't going to change it. He said
that is where communication broke down, because they weren't going to change the pitch of the entire roof
Wombacher said they didn't do what they did to add more room or to add a room upstairs. He said that they aren't
changing room plans for that. Wombacher said they were doing it for structural purposes, to prevent the
Historic Preservation Commission
August 14, 2008
Page 4
deterioration of the walls, which they had because of the repeated freezing and rotting of the gutters. He said he
would have loved to have just put a piece of plywood on it. Wombacher said the original bid was $7,000, so that
would have saved them $29,000.
Wombacher said they have done everything to this house, cosmetically, that they can do, that isn't something they
had to do. He said they totally changed the porch even after it had already passed the building inspector and the
review board. Wombacher said that even though it was done wrong, they had rails redone and they took the porch
floor all the way out and replaced it. He said that they put all new boards under it, and had raised it up a level.
Wombacher said they took the asbestos shingles off the front and side peaks to expose the wood shingles. He said
they also took asbestos off to expose those shingles. Wombacher said that they took the vertical siding that was like
paneling on the carriage house, to get as close as they could to match the carriage house. He said they did this to
bring it back to what they thought it should look like and to look nicer.
Wombacher said they still have a lot of issues. He said that the house looks like it is sunken two feet, that the ground
and water just keeps washing down the hill. Wombacher said one can see the porch is lower than the driveway so
there will be water issues. He said the plan is to take the driveway out and lower it back down so it will run back out
to the street where it should be instead of through the basement.
Wombacher said they took the metal posts off the back porch and replaced those with wood to match the ones on the
front and replaced one third of the floor back there. He said there are just numerous things, even though the
Commission is not concerned about the inside. Wombacher said that when doing this, he was concerned about the
stability of the structure, and that is why they did that, to try to prevent any future problems. He said they didn't just
do plywood and obviously didn't do vinyl; they did one by threes and one by fours, which take a lot longer to put up
there but make it look a lot better.
Wombacher said they had every intent to put the decorative corner pieces back up; they just were stopped before
they got to that point. He said they are more than willing to put the frieze board on it.
Wombacher said the pictures showed how the rooflines of some houses had changed. He said that obviously
improved them, because they needed more room upstairs. Wombacher said that most of the properties shown down
the street on Iowa Avenue changed and added more space upstairs and it was granted. He said he is not asking for
that; he is just asking to let it go and he already knows how much it would cost to redo it. Wombacher said that he is
not dealing with insurance money from tornado damage.
Bunting Eubanks said that what she doesn't understand is why the owners didn't seek a building permit before the
work was done. Wombacher said that as he explained, they were shingling and the original bid was $7,000. He said
that when they got into it, those overhangs were fully rotted. Bunting Eubanks said she meant before they even
started to redo the roof. Wombacher said he was not aware a person needed a permit just to shingle his house. He
said they did a lot more than shingling; he understands that, but that's not what the intent was. Wombacher said it
may look okay or need minor repair, but once you dig into it there is more damage. He said for example, those posts
that have been redone on the porch, you couldn't even tell they were rotted, but they were rotted up inside. He said
that the carpenter just did what he thought that he needed to do.
Wombacher said there was no intent to hide this. He said this is on College Street, and he would not be able to hide
anything about what they're doing with the roof line. Wombacher said they weren't changing the pitch of the roof
but were changing the eaves, because they felt that is what they had to do. He said that quite frankly, the city
building department agrees with that. Wombacher said they agree with what was done and the way it was done.
Swaim asked if, regardless of the flair, the current roof extends out from the house the same as it did originally.
Kuecker said that it is fairly close in line. Swaim said that the house on the Iowa Avenue that had the property line
issue does look odd and truncated. She said that regardless of the flair being there or not, it looks like too small of a
house with too big of a head. Swaim said that if this is extending out the same, she does not have that concern with
it. She said that the lack of a flair does not concern her here because of all of the work that has been done on the
house.
Historic Preservation Commission
August 14, 2008
Page 5
Bunting Eubanks said the Commission will need to have a good reason for whatever it decides. Michaud said she
thinks that although it is not an identical precedent, the one on 934 Iowa Avenue, because of damage there and
possible damage to the future gutters and things like that, she thinks that this is an appropriate solution.
Downing said that he walks by this house almost everyday and appreciates what the owners are trying to do to
improve the house and the character of the neighborhood. He said, however, that in reading the roofer's letter, he
doesn't think he really met the intent of what the owner said or perhaps didn't understand it. Downing said it is fair
enough that the roofer has an opinion of his own, but he says, "...he does not feel it would be wise at all to put in
built-in gutters, therefore am NOT willing to change it." Downing said he did not feel the Commission is asking the
owner or the contractor to put in built-in gutters.
Downing said that his own house was constructed with built-in gutters, but they were covered up without altering
the pitch of the roof and there have been no further problems. He said that the roof can still slope, but the slope was
changed. Downing said that standard residential shingles are easily put in to make the transition, so he does not think
there is a technical problem. He said he thinks it was easier to splice the rafter tails.
Wombacher said it actually wasn't easier, because you have to cut them off. He said the rafters on the flat part are
supporting all the way through the attic. Wombacher said they had to go inside; go upstairs into apartment three, go
up in the attic to have somebody up there replace every single rafter as they were bringing it on through. He said
that it sure wasn't easier; it would have been easier to put plywood over it and change the pitch.
Wombacher said that it still would have been changing if you put a piece of plywood. He said this is changing the
pitch a little more, but it is keeping the pitch with 95%, 90% of what the pitch is on the rest of the house.
Wombacher said that's why his understanding from the contractor is that they're not changing the pitch of the roof.
Downing said that the guidelines and the agreement do not refer to the pitch but talk about the roofline, which is
different. Wombacher said you still change the roofline a little bit.
Ponto commended Wombacher for the work that he has done. He said that 517 Grant Street is a good example in
which the built-in gutters were covered over and the slight change in pitch at that point allowed drainage, but the
soffit and eave height remained the same. Ponto said that one of the key factors here is that in changing the roofline,
the height of the soffit was changed so that it is much closer to the top of the windows and doesn't allow the frieze
board and the decorative pieces in between.
Baker said that in the guidelines, in section 4.11, it says, under what is recommended, "Covering original built-in
gutters and applying exterior gutters only if the roof slope at the gutter is not altered." She said that this has that.
Wombacher said it depends on which side of the gutter, and if the slope comes to the gutter, then it flattens out, so it
really isn't a change. He said there is still the slope going to the gutter; that's why you continue that.
Downing stated that the guidelines refer to the original gutter. Wombacher said that she (Baker) is saying pitch. He
said that the gutter is down here, and the pitch goes to the gutter, and that's why it makes the gutter close to the
pitch, because one gets the flow of water. Wombacher said that now we've got it coming outside, then the pitch is
the same pitch as what you had in here; it just so happens the flat part is sticking on over. He said that it's all a play
on words, but it's true; the pitch is the same at the point of the gutter.
Baker said that the roofline has been changed so that the flare is no longer there. She said that was the characteristic,
architectural feature of the roof of the original house. Baker said the guideline is to maintain that. She said that has
not been maintained, and that is where the issue is here.
Baker said that there are roofs around Iowa City that have that flare that have had new shingles or newer roofing
materials put on, but that flow has been maintained. She said that the Grant Street property is an example of where it
has been altered slightly, but the nature of the roof has been maintained, with a solution that didn't get rid of the
flare. Baker said what happened here is the removal of that flare feature that was an architectural feature that was
Historic Preservation Commission
August 14, 2008
Page 6
significant to that era of house the way it was originally built. She said that is the issue the Commission is dealing
with here -the flare is gone, and the Commission needs to decide if that is allowable or not.
Baker said that if chair and staff had known at the time the owner came in and said no change was going to be made
that the owner didn't intend to maintain that flare, it never would have been approved. She said the Commission is
currently dealing with the fact that it was approved based on assumptions that the flare would be maintained. Baker
said the way the roof exists now probably will have better drainage, but the truth of the matter is that there are other
contractors in town who have made roofs like this work.
Baker said there are so many different places in this process where something broke down, including the co-owner
coming in and saying there would be no material change. She said there is also the issue of the contractor not being
willing to maintain the flare. Baker said there is the example of the house on Kirkwood in which the contractor was
not following what was approved in terms of reapplying stone. She said the owner had to hire a different contractor
who was able to do it the way it was approved in the certificate of appropriateness.
Baker said there have been examples certainly in the Commission's recent history in which owners have been
required to change back after doing something that wasn't approved. She said she is very concerned about the
precedent this will set to allow people to go out and do what they want and come back to the Commission after the
fact and have it approved. Baker said it is a slippery slope. She said that while she appreciates the work being done
on the house, there are guidelines and procedures, and other people have been made to change things back.
Baker said she does not see in this case a reason in the guidelines that would allow the Commission to say that this is
okay. She said she would have to vote against this.
Bunting Eubanks said the dilemma is basically that the Commission has to be just in what it does. She said that a
very specific reason has to be cited, such as impinging on someone else's property line. Bunting Eubanks said there
has to be a specific reason for making an exception to the guidelines, which are there for a reason.
Swaim said the interpretation of the guidelines is up to each individual Commission and the guidelines should be
seen as recommendations. She said that while the Commission wants to be fair and consistent, there just has to be a
case-by-case approach. Swaim said that the level of work done on the house compared to what had been done before
is great. She said she understands the argument against setting a precedent, but she does want to take into account in
this case -what else has been done to rescue this house from deterioration. Swaim said she continues to believe that
because of all the other features on the house that have been maintained or restored, the flare is one of several things
that characterized this house, and the flare is gone, but there are other things that maintain the integrity sufficiently.
Michaud said she agrees. She said that it's fine to be a high and dry house with one little roofline to consider, but
when one is considering a major reconstruction and restoration of a very threatened property, one has to think about
the scope of things. Michaud said the fact that they are going to have to excavate and remove the driveway indicates
the level of concern with the drainage situation. She said that house always looked really threatened and was sitting
right on the ground. Michaud said that she could see where that would be the overriding concern, the water and the
drainage.
Michaud said the idea is to let the community understand how important historic preservation is without making
enemies. She said she understands the concern and feels it is too bad that we lost this here, but this is a person who,
like other people, is restoring a rental property. Michaud said she walks past this house three times a day. She said
she goes down Washington Street and it's ugly. She said she walks down Iowa and it's intermittent. Michaud said
that Burlington is hideous. She said that College Street is one street that one can walk down and most properties
look nice. Michaud said that the pitch and the scope of a huge project under way that will run far more than
expected is something the Commission should consider.
Michaud said that she could see the confusion about the permit, because he was just restoring the roof. She said she
can see where the permit was not an issue. Michaud said she can not say it strongly enough that the Commission
cannot alienate someone who is working blood, sweat, and tears and a lot of money and then say we're not going to
pay attention to his concerns.
Historic Preservation Commission
August 14, 2008
Page 7
Michaud said there are the guidelines, but the Commission cannot apply its approach to each case without a little
discretion. She said this person is here pleading his case and the Commission should listen.
Bunting Eubanks asked if there is a possibility of restoring the decorative frieze board. Kuecker said that was there
is a list of three options. She stated that the one she had eliminated does not respond to frieze board at all. Kuecker
said that if the roof were kept the way it is, the frieze board that went along and then broke at the windows would be
necessary for the brackets to be reinstalled. She showed how the brackets were before and then how the brackets
being reinstalled right under the siding. Kuecker said that looks inappropriate, and there needs to be a board behind
those brackets as there was originally. She added that she believes that losing both the brackets and the flare would
be extremely detrimental to the historic quality of this house.
Bunting Eubanks said that because the windows were so high, the frieze board would have to be broken in between.
Kuecker said that is correct, if the roof is kept the way it is.
Downing said the bottom of the soffit now is flat, but it had been sloped. Kuecker confirmed this. Downing said then
the brackets have been changed.
MOTION: Swaim moved to approve a certificate of appropriateness for the project at 803 East College
Street, allowing the roof to stay as it currently is with the stipulation that the frieze board of the same
dimension to the original frieze board be installed with the decorative brackets.
Swaim said that she is recommending an exception in terms of the roof flare because of extenuating circumstances,
because of the scope of the project and the many historical elements of the house that have been restored, and
because of the confusion in the process of communication, which is unfortunate and not the owner's fault.
Michaud seconded the motion.
Baldridge said he spoke before, when this was first considered, about the need for educating the people who do the
work. He said that both Baker and Swaim have persuasive arguments. Baldridge said that he is tempted to come
down on the practical side that the work has been done, and he abhors having to tear something up to redo it unless
there is a really substantial reason. He said that flare is a significant architectural feature which could come under
the category of substantial. Baldridge said that he falls on the side of hoping that this is an educational experience
for the Commission and for others in the business of restoration.
Downing said that as a counterargument, this also might be an educational process for those in the business of
restoration who just do something and then come back and say, "Well, it's already done."
Wombacher said that obviously he is not a professional, but when one has to have things approved, it is so hard to
do a project of this magnitude. He said that almost every tittle thing to a certain extent on there needs approval, but
you didn't know it until you got into it. Wombacher said that once one lets the house sit there for five weeks with no
gutters, which you cannot put in, because the carpenter can't finish, and the painter can't finish until the carpenter
finishes, and the gutter guy can't finish. Wombacher said that in the meantime, the water goes right in on the other
side of that trap door and went down to the whole basement. He said that the pile of mud sitting out in the driveway
is from the guys he has hired to go down and keep shoveling out.
Wombacher said it is his own fault, because it is his piece of property. He said that, however, it is so hard to do
something and all of a sudden realize this is deeper. Wombacher said that when one gets into something, then he
realizes he needs another permit to do this. He said he knows there is a permit process and appreciates what the
Commission does. Wombacher said though that it is so hard to do a project if you have to stop and get approval at
every single step.
Wombacher said that his contractor is a craftsman and has done great work for him in the past. He said the
contractor did what he thought was right. Wombacher said he himself would take the blame for that, but they
Historic Preservation Commission
August 14, 2008
Page 8
weren't trying to get away with anything. He said he spent a lot more money than he intended to, and it is not like he
did it to cut corners or to benefit himself by doing this. Wombacher said there was no benefit whatsoever.
Wombacher said it is very hard to do this not knowing what you're going to need to get permission to do, because
then it takes another month to get another okay to do step by step. He said he guessed that was what professionals
can do.
Downing said there is a counter to that in that it is possible to hire design professionals. Wombacher said they don't
know if it's rotten until you start getting into it. He agreed that is what professionals do. Wombacher said that it's so
hard to determine if it's rotted and it's something they need to change or get another approval.
Wombacher said that right now the foundations and the stone work are not exposed, because it's all covered.
Wombacher said that the foundation and stonework is in horrible condition, and he'll need to do that. He said he did
not know if there was something he would need to get approval for, even though it's not exposed. Wombacher stated
that there are so many issues that he just can't go into. He said he has time to work on it this weekend but didn't
know if they could do it.
Swaim said that if Wombacher considers hiring a professional designer, it would be wonderful if that person were
familiar with preservation to add to their skills, however, Swaim said the Commission will always be working with
people who are taking on a project and with contractors who have a variety of skills with restoring old houses and
preservation. She said that this is another way of educating the public.
Swaim said that she doesn't think that is fair in this situation. She said that applicants have come before the
Commission several times on different projects that they say they didn't know they weren't supposed to be doing.
The motion was denied on a vote of 4-4 with Baker Downing Ponto, and Trimble voting against and
Baldridge Bunting Eubanks Michaud, and Swaim voting in favor.
Michaud said that she understood the people who voted no to defeat this. She stated that she believes that if someone
is going to try using this decision as a precedent, they should get the message by looking at the history.
Baldridge commented that the Commission has made people go back and redo things.
Bunting Eubanks said her concern is that she doesn't want to lose the house, although she feels the contractor could
have picked up the ball and known more about what he was doing. Baldridge asked what kind of steps the
Commission might recommend be taken.
Trimble said she feels that if there is anyone to blame, it's the contractors. She said it is part of the contractor's job
to know what to get permits for and know when a permit becomes necessary.
Downing said that in Iowa City, as soon as one replaces any sheathing, then a building permit is required. He said
that does not just apply to historic districts.
The Commission discussed methods for getting the word out about when a permit is required. Swaim said there is a
need to be positive and proactive about this but also a need to let people know that if they do something the wrong
way, there are penalties. She said she was uncertain whether the letter says that sort of thing.
Burford said the City just came out of a situation after the tornado where Iowa Avenue had a renaissance because of
the fact that there were regulations. She said that the process was ongoing, and needs to include the entire
community.
Michaud said there were compromises on Iowa Avenue rooflines. She said that one thing the Commission could do
is that if there is a roof that they have to bring a photograph in to building inspection -that should be a red flag -that
building inspection immediately says the flair has to be retained.
Historic Preservation Commission
August 14, 2008
Page 9
Baker said if one is only reshingling, the flair is not impacted. Kuecker said that if someone comes in for a building
permit, they are sent to her if the property is in a historic district. She added that in this case, no permit was
requested until someone reported that the work was going on. Kuecker said that when she went to the site, nothing
was happening on the eaves and she assumed they were being retained. She said she was told at that time that the
decorative brackets were being reinstalled, and she assumed it would look the same after the reroofing as before, as
indicated on the application.
Burford said that if there had been the opportunity to observe the original gutter and get a structural engineering
report or architect's report or technical advisory report from the State that this was unworthy of reconstruction, then
it wouldn't cause this situation of potentially setting a precedent.
Michaud said one option might be to require a permit to reshingle for a property in a historic district in order to get
total review. Kuecker said that in other parts of the City, a permit is not required to redo windows, although it is
required in the historic districts. She said that might be looked into with regard to reshingling.
Baldridge asked if the fact that it is in a historic district for that raises a caution flag. Kuecker said that if an owner
comes in for a building permit, it does.
Swaim suggested contacting roofing contractors and the people who are actually doing the work. Michaud said that
a letter could be sent to all of the roofers.
Baker stated that there are people who don't realize they're living in a historic or conservation district, and that's a
problem. She said there are people who don't know when they do and do not need a permit. Baker said there are
contractors who don't get that working in a historic district is not the same as working in anon-historic district.
Baker said the Commission needs to start looking at getting information in newsletters and talking to the realtors.
She said the Commission can't count on having the letter to those in affected areas being sufficient to educate
homeowners. Baker said there is no easy answer to the education component. She said that it needs to be ongoing
and constant and at every layer of the process.
Burford said that Terry Larsen, a realtor at Blank and McCune, is in the Press-Citizen writers group. She said that
maybe Larsen could be approached to write a column about historic preservation issues.
Baldridge said he would like to see the Commission project an image of trying to be helpful to citizens, owner,
renters, contractors, and workers all up and down the line. He said that people should be encouraged to ask for help,
and any article in the Press-Citizen should point out that historic preservation is helpful to citizens and is not
intended to be a barrier or to make someone's life more difficult but is to serve the nature of the community and
make it easier for people to do that.
Bunting Eubanks stated that communication is a big issue, and it was brought out in the Historic Preservation Plan
as a goal. She said that she would be willing to work with Kuecker to draft a letter to professionals regarding historic
preservation and what it means. Bunting Eubanks asked if anyone would be willing to head up the effort to contact
the Press-Citizen and speak on behalf of the Commission. Swaim said she would be happy to review whatever is put
together.
Bunting Eubanks said that one point for an article in the paper could describe how Cedar Rapids is losing its historic
properties, because it doesn't value preservation. Downing agreed to help with getting something into the Press-
Citizen.
The Commission discussed some facets of the application for 508 Rundell Street. Baldridge said that there should be
some horizontal support on the porch. Kuecker said she sends a letter with every certificate and will include the fact
that the Commission had some concerns about this.
Historic Preservation Commission '
August 14, 2008
Page ] 0
Baldridge said there is a gap between the floor and the horizontal panel so that when one is hosing off the porch,
water will be allowed to escape. He said that otherwise there is a lot of screen length in each of the panels. Ponto
agreed that with screening of that length, there would need to be a few horizontal members to add to the panels.
Kuecker said she would include in the letter to the homeowner that she would be available to answer questions that
may arise.
Bunting Eubanks said the decision regarding the reconsideration for 803 East College Street was a difficult one.
Ponto said that it demonstrates that there is a diversity of opinion on the Commission. He said it shows that there is a
good mix, which stimulates discussion and is good for everyone.
CONSIDERATION OF MINUTES FOR JULY 24, 2008:
Bunting said that there is a reference in the minutes to how she would approve something if it wasn't going to alter
the historic status of the property. She said it was more along the lines of her being much more willing to reconsider
it, rather than just flat-out approve it.
MOTION: Baker moved to approve the minutes of the July 24`h Historic Preservation Commission meeting, as
amended. Downing seconded the motion. The motion carried on a vote of 7-0.
OTHER:
Trimble said that she has been working with property owners in Cedar Rapids who had flood damage. She said that
they are looking at rebuilding, and some people are kind of concerned that the commercial district on the Czech
Village side has never been surveyed. Trimble said they are in a cultural district as designated by the City. She said
that New Bohemia is in the district and Czech Village is in the district, and they want the two to stay kind of in their
historic manner as they are being restored.
Trimble said the residents wanted her to ask if anyone had any ideas of what the City could do. She said it would be
almost impossible right now to get 51% to turn it into a historic district.
Burford said that at the last meeting of Friends of Historic Preservation, the Cedar Rapids Historic Preservation
Commission (CRHPC) asked to have an open kind of meeting. She said the National Trust had informed the
CRHPC that it had to form anon-profit in Cedar Rapids to decide certain issues. Burford said there was a lot of
good to come out of the meeting. She said there were a lot of very instructive points that focused on historic
preservation.
Trimble said that a lot of the property owners supported that, and actually, a lot of property owners have been
bought out by their neighbors who want to restore the property historically. She said that with so many people
displaced, it is difficult to track down everyone to get a 5l % majority.
Burford said that Rod Scott is with the Iowa Preservation Alliance. She said that the people at Brucemore actually
work very closely with the people at the National Trust. Burford said that one has to get out on the street and talk to
people, and it is a huge effort.
Baldridge said there was a decision to create an NGO similar to Friends so that they would have an arm that could
do what Friends does in Iowa City, as opposed to limitations placed on a City commission.
Burford said that the crux of the problem 30 days ago was that the City of Cedar Rapids didn't want its historic
preservation commission to be proactive. She said the City of Cedar Rapids wanted its commission to be
consultative to make recommendations. Burford said the City itself did not know what it wanted to do. She said the
City is throwing roadblocks in the way of making decisions. Trimble said that the City originally told them not to
survey the Czech Village and gave instructions to survey around it.
Historic Preservation Commission
August 14, 2008
Page 11
Trimble said that the residents are really interested in a return to the Czech-influenced American architecture in that
area. She said that they don't want the buildings to be totally modern now and don't want to return to that seventies
style.
Regarding historic preservation loss, Burford said that the tax credits are really in place for developers and business
people, not really for homeowners. Trimble said that with the tax credits, it takes the State 30 days to turn around
and then the feds another 30 days to turn around, and the residents can't get any money back before that. Trimble
said she was told that there is actually a bank that will float money for the tax credits for a certain percentage.
Kuecker referred to a memo in the packet regarding potential historic preservation awards. She said the Commission
needs to compile a list of properties to consider for the awards, which are held in October. Kuecker asked
Commission members to notify her of eligible properties in the next few days.
ADJOURNMENT:
The meeting was adjourned at 7:43 p.m.
Minutes submitted by Anne Schulte
s/pcd/mins/hpc/2008/hpc8-14-08.doc
Historic Preservation Commission
Attendance Record
2008
Name Term
Expires 1110 2128 3/13 4/10 5/8 5122 6/12 7110 7124 8114
Baldridge 3/29/11 -- -- -- -- -- -- X O/E X X X X X
Baker 3/29109 X X X 0/E X X X X X X
Brennan 3/29/08 X O/E O/E -- -- -- -- -- -- -- -- -- -- -- -- -- --
Downin 3/29/10 X X X O/E X X O/E O/E X X
Eubanks 3/29/11 O/E X X X X X X O/E X X
Michaud 3/29/09 X X X X O/E O/E X X X X
Ponto 3/29/10 X X O/E X X X X X O/E X
Swaim 3/29/09 X O/E X O/E X O/E O/E X X X
Tich 3/29/11 -- -- -- -- -- -- O/E X O/E 0/E O/E O/E O/E
Toome 3/29/09 X O/E X X X X X -- -- -- -- -- --
Trimble 3/29/10 x O/E X X X X O/E X X X
Weitrel 3129/08 O/E X X -- -- -- -- -- -- -- -- -- -- -- -- -- --
Key:
X =Present
O =Absent
O/E = AbsenUExcused
4b 5
MINUTES APPROVED
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JULY 17, 2008 - 6:30 PM
LOBBY CONFERENCE ROOM, CITY HALL
Members Present: Jerry Anthony, Marcy DeFrance, Holly Hart, Rebecca McMurray, Brian
Richman, Michael Shaw
Members Absent: Steve Crane, Charles Drum, Andrew Douglas
Staff Present: Steve Long
Others Present: Brooke Beelman, Kristin Peters
RECOMMENDATIONS TO COUNCIL (become effective only after separate Council action):
None.
CALL TO ORDER:
Chairperson Anthony called the meeting to order at 6:41 p.m.
APPROVAL OF THE MARCH 27, 2008 MINUTES:
After a brief discussion of the format for the minutes, and the correction of a decimal point error on
page five, the minutes were accepted as amended.
McMurray motioned to approve the minutes; Hart seconded. The motion carried 6-0.
PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA:
None.
STAFF/COMMISSION COMMENT:
Long noted that the June HCDC meeting had been cancelled due to flooding. He stated that the City
has slowly getting back to some semblance of routine in the aftermath of the flooding. Long noted
that a sandbag removal project for the Normandy Drive and Parkview Terrace neighborhoods would
be underway over the weekend.
NEW BUSINESS:
HCDC Vacancies:
Long noted that Rebecca McMurray and Andrew Douglas had both been reappointed to the
Commission. Long stated that one opening remains on the Commission as Jerry Anthony, current
Chair and asix-year member of the Commission, will be vacating his seat.
Shaw asked if a new name had been found for the group that came up with a consensus statement on
affordable housing. Long replied that the report had been delayed somewhat. Shaw said that he
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JULY I7, 2008
Page 2 of 8
thought it might make sense as the Commission moved forward in examining affordable housing
issues to request that someone from that study be on the Commission. Several Commission members
indicated that this was a good idea.
Long noted that the deadline for filling the current vacancy is September 151. McMurray said she
thought that the deadline was July 91ti. Long stated that McMurray was correct, but that the deadline
had been extended to September 151
Flood Ugdate:
Long reported on the flood and its effects on affordable housing. Long stated that one city-owned
Public Housing unit on Eastmoor, a 4-bedroom single family home, was heavily damaged. The final
estimates for repair and construction of the unit are not yet in, so the future of the building is
uncertain.
Sixteen units in Coralville owned by the Greater Iowa City Housing Fellowship (GICHF) also
sustained flood damage. These units, two 6-plexes and a 4-plex, are on Second Street. The damage
to these units is significant, and is estimated at more than 50% of the total value of the buildings.
GICHF is working hard with the State of Iowa to work out the financial implications of this damage
and its effect on the terms and enforcement of loans on these properties. Long said that the parties
are working hard to come to an agreement on the best way to move forward.
Twenty-two households holding Section 8 housing vouchers were displaced from their units in
Coralville, and two such households were displaced in Iowa City. Long noted that some of the
voucher-holders were actually renting the GICHF units that were flooded, so the total number of
low-income households directly impacted by the floods is slightly less than these numbers might
indicate at first glance. After some discussion, it was determined that approximately 32 households
were affected.
Although the loss is devastating and poses a significant financial burden to the residents and to the
GICHF in particular, Long noted that in comparison to what his counterparts in Cedar Rapids are
facing, the aftermath is on a much smaller scale. Long stated that both the City and lenders are
doing what they can to work with GICHF to allow it to meet its mortgage payments and rebuild from
their losses.
Long said that Congress has approved over $300,000,000 in supplemental Community Development
Block Grant (CDBG) funds to assist flooded communities. Long said that the City is waiting to hear
how much of this money it will get and when; as of right now, neither the federal government nor the
city government has an idea yet of what that figure might be. Long said that they are in almost daily
contact with the federal government on this matter. Long said the State is also looking at which
regulations and requirements can be waived in order to speed up the allocation and distribution
process; they are looking at waiving such things as the one-for-one match on down-payment
assistance, and the usual required public comment periods.
Richman asked if this was money that the federal government was specifically targeting for the
flooding. Long replied that from what he has heard, the language in the bill is somewhat vague and
part of what is being determined right now is exactly which disaster it applies to. The funding is for
a "disaster," Long explained, but the "flood" and a specific geographical area were not clearly
delineated as its recipients. Long said that it was assumed when Congress passed the bill that it was
for the Midwest: everything between Minnesota and Missouri (north to south boundaries), and Ohio
and Iowa (east to west boundaries). However, Long said, the bill did not explicitly state that. Shaw
noted that disaster assistance issues are still being sorted out from Hurricane Katrina. Long said that
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JULY 17, 2008
Page 3 of 8
in the floods of 1993, the City received $2.5 million; however, no extrapolations to this year's
amount can be made from that figure. Long acknowledged that it is somewhat frustrating not to
know how many dollars the City will have to work with, as he receives calls every day from flood
victims looking for assistance. Richman asked if the City had started working on a plan for how
funding would be distributed. Long said it is being worked on, but that it is difficult to plan too
extensively without knowing how much money is involved. Long said the primary request being
made from citizens is for housing rehabilitation dollars. Long said that it may be possible to waive
the public service cap, in which case funds could be used for things such as: utility deposits, utility
payments, rent payments, and operational funds for the Crisis Center. Other possible uses for the
money could be: elevating homes and purchasing land. Long said it all depends on how much
money the City is given. Richman stated that he is not making recommendations one way or the
other at this point, but he wanted to know if the City would have it within its discretion to make
grants or loans directly to affected individuals. Long said he believed it would, and that he also
believed that it would be allowed to assist small businesses. Long said it was possible that additional
hiring would need to be done to help administer the funds and implement action plans. As soon as he
hears, Long will e-mail Commission members to inform them of the dollar amount granted. Long
said that, unfortunately, there will be a lag time of a few weeks between the announcement and the
receipt of funds.
Long gave a brief overview of the structural damage incurred during the flood. In Parkview Terrace
(Eastmoor Manor and Normandy), there were 136 buildings with varying degrees of damage, Long
said. In Idyllwild, 92 condominiums in 23 structures were damaged. Of the 92 condominiums, 86
were occupied. Long noted that approximately half of Idyllwild is located in the 100-year floodplain,
and approximately half is located in the 500-year floodplain. On Riverside Drive, across from the
Art Museum, 16 apartments were damaged. Long shared an aerial view of the flood's crest with
Commission members.
McMurray said that she had heard there was a petition among Normandy Drive residents to not
rebuild there, but to be in some way bought out. Long said that he had heard about that. The
program in question is one that is run by the Federal Emergency Management Agency (FEMA),
Long said, through their Hazard Mitigation Grant Program. FEMA allocates a certain amount of
money for the entire state, Long said, an amount that has not yet been determined. The first step for
the City is to know officially who is interested in participating in such an option. After that, the City
would submit a notice of intent to FEMA, submitting the names of each property owner, the value of
the property, and the amount of damage. Long said FEMA then does acost-benefit analysis to see
what the damage is in relationship to the value of the home, and what the potential is for future
flooding. Long said the City would submit a notice of intent for all parties who applied and from
there the State and FEMA would make a decision. FEMA pays 75% of the costs on such a buyout,
15% comes from the State, and 10% from the City.
Shaw asked if there would be a reassessment of the boundaries of the 100-year floodplain in light of
recent events. Long said he had been hearing that, and while it has not been confirmed, it would not
surprise him. After the floods of 1993, Long said, the boundaries were adjusted. Long said that this
year's flood was a tremendous, unprecedented event, and that it will likely be studied for years. In
the coming years, Long said, he expected that the floodplain regulations would also be reviewed.
The University, he noted, is and will be going through a similar process ofself-examination.
Richman asked what the procedure for allocating additional CDBG money would be: will the
Commission need to have a role in allocating that funding or will it go straight to City Council?
Long said that he would like to have the Commission play a role in allocation. Long said it would
depend largely on timing. Anthony noted that Council could step in and say what the money would
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JULY 17, 2008
Page 4 of 8
be for. Long agreed that that was of course possible, but that he was guessing a lot of the funding
would go to housing rehabilitation.
Richman inquired about the status of City Park and whether or not it was open. Long stated that it
was not open. Richman said that he could not begin to think how the park would be cleaned up.
McMurray noted that the bike trails have been cleaned up already and said she has been very
impressed with the how quickly they have been brought back to good condition. Some Commission
members noted that Park Road Bridge is now open, though the Iowa Avenue Bridge remains
partially closed.
Long stated that all City buildings are again fully operational with the exception of the Animal
Shelter and the old Sewage Treatment Plant. Long said the future for both of those sites is still being
determined. Again, Long said, in comparison with the situation in Cedar Rapids, Iowa City fared
pretty well. Long said that in talking with his counterparts in Cedar Rapids it seems as though every
public building they had is gone. Shaw noted that the mayor of Cedar Rapids had just prior to the
flood begun a downtown redevelopment campaign, and now the downtown is completely destroyed.
Anthony said that Cedar Rapids had just hired the same architectural ftrm that the University has
retained to review its master plan.
Long pointed out that one good thing that happened during the flood was that Iowa City, Coralville,
and the University of Iowa worked together seamlessly and were in constant communication.
Richman asked if there was anything the Commission could do or be thinking about at this point
while they are waiting for more information about funding. Long said they could help remove
sandbags over the weekend.
Hart asked where the sand came from and where it would go. Long said it came from nearby
quarries in Cedar Rapids, Marengo and Dubuque. Shaw noted that there was not as much direct
contamination in the Iowa City floodwaters as there was in the waters inundating Cedar Rapids, and
as a result, he imagined, the sand could likely be re-used. Long cautioned that it had not yet been
determined whether or not the sand could be safely re-used. Long said he thought it was possible
that some of the sand could be used on the roads.
Long said now that he would update the Commissioners on any news he received regarding
additional funding.
OLD BUSINESS:
Discuss Community Develoament Celebration:
Long stated that this celebration had been cancelled due to the flooding, and that the Commission
needed to determine if they wished to reschedule the event.
Shaw pointed out that this decision could in some ways indicate how the community was responding
to the floods: should the celebration just be tabled, or should it come out stronger than ever as a way
of making a statement? Shaw said that he could see it both ways: on the one hand, a celebration
could be one way of showing unity and continuity in the face of the floods, on the other hand, it
could also seem that the Commission was intent on having a celebration whether or not the
community was really ready for it.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JULY 17, 2008
Page 5 of 8
Long said that timing is an issue here. For one, Long said, a lot of the agencies funded by the
Commission actually played a big part in the flood: the Crisis Center managed the United Way funds,
the Food Bank is receiving a tremendous amount of donations, the Free Medical Clinic has been busy
with a variety of patients. So in one way, Long said, it may provide some good public relations for
CDBG funded agencies and demonstrate their importance to the community. Long noted that the
celebration did not have to be in the summer, that it could be any time of the year, or that a year
could be taken off. McMurray said she had the impression that Staff generally pulled the whole
thing together, and she wondered if Staff had the time, given all of the additional responsibilities the
flood brought on, to put on such an event. Long said that the celebration has been done enough times
now that it is essentially ready to go at any time, so Staff would not be overburdened by this event. If
the Commission wants it to happen, Long said, Staff will make it happen. Hart said that she
understood the idea that timing-wise all of the service agencies could be feeling a little "maxed out,"
but that she did like the idea of showing off, from a public awareness point of view, what services
were being provided in the area. Long said it was also possible to do a scaled-back version of the
event. Shaw said it came back to a question of what does the community need or want, and how
does the Commission determine that. Shaw asked if such a celebration would be an additional stress
on the community and the organizations the Commission funds. Richman suggested that the
Commission take out an advertisement recognizing organizations that receive CDBG money and
have helped in community flood relief, and let the community know in a simpler, public way how
much the City appreciates all of the assistance these agencies have provided in this time of crisis.
Richman said the celebration could then be resumed the following year. DeFrance said she thought
this was a great idea. Long agreed, saying that he felt bad asking the usual vendors who donate items
for the celebration to provide money for it this year. Richman asked if Long would investigate the
cost of a newspaper ad, and perhaps even see if the Press Citizen would be willing to offer one at a
discounted price for this cause.
Discuss Allocation Process:
Shaw asked if it was the past, just-completed, allocation process that was being discussed, or that of
future allocations. Long said that it would be valuable to discuss both, and to perhaps form a
subcommittee to explore improvements that can be made.
McMurray said that as she recalled Commission discussions, one concern was in regard to agencies
"double-dipping" in the funds by receiving both aid-to-agencies-funding and services-funding. The
Commission had discussed eliminating this problem by making those receiving one form of funding
ineligible for the. other. McMurray said that more of the Commission's limited funding would be
available for larger grant amounts if this issue was addressed.
Shaw asked if the Commission had standing committees at this point, or committees that have
already been formed on a particular issue. Long said there had been a committee for the community
development celebration. Shaw said that he was asking because if there are committees in place
already, the Commission could be directing them to do something, and if not, the Commission could
re-establish the allocation committee. Richman said that he believed that a committee had been
established to discuss the allocation process and that he believed it consisted of himself, Crane, and
Drum. Richman said that the committee had met, and that they had discussed some relatively minor
changes to the allocation process like making the application easier for Commissioners to evaluate
and compare. Richman said that it had been a long time since the committee met and that he did not
recall a lot of the details that were discussed.
Long said that one idea that had been discussed was changing the $1,000 minimum for public-service
funding. Long said that possibly having a higher minimum had been discussed. Shaw said the
minimum did come up quite a bit during the last cycle. McMurray said that is seemed that the City
Council may have wanted the limit increased as well. Richman said that the issue was less with
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JULY 17, 2008
Page 6 of 8
having a $1,000 minimum, and more one of the Commission getting comfortable saying to some
agencies, "This is not your year." The Commission, Richman contended, needs to be more selective.
Shaw said that the Council's charge was to focus the money a little differently. McMurray said that
she believed the majority of applicants do apply for more than $1,000. Long said he would move the
agenda item to the next meeting for further discussion. Anthony said that if the double-dipping issue
was resolved it would help the Commission in being more focused and strategic in their funding.
MONITORING REPORTS:
City of Iowa City -Economic Development Fund
Long referred to a memo from Tracy Hightshoe on this topic. Long stated that the City had received
$750,000 in requests for CDBG funds from 13 applicants wishing to start or expand business in Iowa
City. The City funded 8 of those requests with a total of $265,000. The businesses that received
funding were:
1. Discerning Eye, an eyeglass store on Washington Street, received $35,000 and retained one
full-time employee as a result of the funding.
2. La Reyna, a Mexican restaurant/grocery store on Keokuk, received $60,000, retained two
full-time employees, and created three more full-time positions with help from the funding.
3. Gluten Evolution LLC, a company that distributes gluten-free products internationally,
received $50,000 and created one and a half full time positions with help from the funding.
4. Nile Valley Restaurant, a Sudanese restaurant on Gilbert Street, received $25,000 in funding
and created three full-time employment opportunities.
5. The Wedge Downtown, Inc., expanded to a second location and created six full-time
employment opportunities.
6. The Home Ec. Workshop, across from Hamburg Inn on Linn Street, received $15,000 in
funding. The business rents out sewing machines as well as its own space for Home Ec.
parties, and sells fabric and sewing supplies.
7. Alfie's Beauty Supply is a store on Kirkwood Avenue that received $5,000 in funding.
8. Textures Salon received $35,000 in funding and is currently looking for a location.
All of these businesses are still operational. Long said that in the past eight or nine years, only three
of the businesses helped by CDBG funds have gone out of business (money was recovered by the
City from two of these failed ventures).
Hawkeye Area Community Action Program -Transitional Housing (Richman)
Richman said he was unable to get in touch with HACAP.
Iowa City Free Medical Clinic -Accessibility (Richman)
Richman said that accessibility improvement at the Free Med Clinic is a three-part project including:
a restroom remodel, afront-entryway remodel, and adding handicap parking spaces. The restroom
and the parking spaces are done, Richman said, but they are still waiting on welders to complete the
front entryway.
Long noted that a lot of similar projects have been put on hold because contractors will be working
elsewhere for awhile. Long added that HACAP did purchase two units in the last two months, one
on Benton and one on Camden.
The Housing Fellowship - CHDO Operating Expenses, FY08 Affordable Rental Housing, FY06
Homeownership (Anthony)
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JULY 17, 2008
Page 7 of 8
Anthony said that he had not had time to contact them and joked that he did not believe they would
have had time to respond either.
Long noted that in the middle of the flood the agency's auditor showed up, compounding their
workload issues.
Neighborhood Centers of Johnson County -Facility Rehabilitation (DeFrance)
DeFrance said that she had spoken with the agency and that she was told a contract had been signed
and that rehab is to start on August 11`h. The agency intends to rehabilitate its kitchen facilities.
City of Iowa City - Housing Rehabilitation
Long referred to a memo by Jeff Vanatter giving an overview and update of the housing
rehabilitation programs. In the 2008 fiscal year,' $236,958.95 was spent on project costs and
administration on 24 CDBG-funded projects; the average-median income for those households was
39%. Approximately $34,000 was committed to other projects that are started or about to begin.
The Rehab Office expended $32,983.10 in project costs and administration on three HOME-funded
projects; the average median income for these households was 24%. Approximately $51,000 is
committed to other projects that are started or about to begin. Under the Targeted Area
Rehabilitation Program, or TARP, (now known as GRIP: General Rehabilitation and Improvement
Program) $140,792.27 was spent on nine projects, the average median income for those households
was 74%. Approximately $78,000 has been committed to other projects that are started or about to
begin.
Wetherby Friends and Neighbors -Splash Pad (McMurray)
McMurray said that Beth Koppes and Kris Harms are spear-heading this project, and are both out of
town. Marcia Klimmerman spoke with McMurray and provided her with a lot of information. The
fund-raising goal for the project is $200;000; they have raised nearly $180,000. Funding was
received from: one agency donated $100,000; CDBG gave $30,000; the Parks and Recreation
Department gave $47,000; they received a P.I.N. grant for $3,200; scar-wash raised $500; the
Fraternal Order of the Eagles gave them $600; a few individual donors gave them $700; Saddlebrook
gave them $500; the University of Iowa Community Credit Union gave them $250; Hills Bank gave
them $500; Hodge Construction gave them $1,000; another P.I.N. grant for $5,000 was awarded for a
different fiscal year; a few individual donors gave $50 each; a garage sale made about $100. Over
the winter, one-hundred letters went out to local businesses and industries. The group had scheduled
follow-up phone calls for June, but because of the floods, the group is no longer comfortable doing
that. Although the group had really hoped to begin construction in August, they too are having a
difficult time securing a contractor. They will be opening the project up for bidding in the fall with
intentions to begin construction in the spring. The hope is that the splash pad will be very popular
and will result in the establishment of other splash pads in local parks.
ADJOURNMENT:
Richman motioned to adjourn; DeFrance seconded.
Long asked if the Commission wished to have an August meeting. He asked Commissioners to e-
mail him to let him know who could attend. There was some discussion that if there was information
on additional CDBG funds, then an August meeting would be quite necessary. Long said they would
plan on having one.
A vote was taken and the motion to adjourn carried 6-0. The meeting adjourned at 7:30 p.m.
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09-09-08
4b 6
MINUTES APPROVED
PLANNING AND ZONING COMMISSION
AUGUST 7, 2008 - 7:30 PM -FORMAL
CITY HALL, EMMA J. HARVAT HALL
MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Elizabeth Koppes,
Wally Plahutnik, Tim Weitzel,
MEMBERS EXCUSED: Josh Busard
STAFF PRESENT: Bob Miklo, Christina Kuecker, Sarah Greenwood-Hektoen
OTHERS PRESENT: Ike Akabogu, Uju Akabogu, Lambert White, Mary Knudson-Dion,
Anne Bendixen, Josh Newman, Ruth Baker, Ann Kohl, Anna
Buss, Sadie May, Paula Swygard
RECOMMENDATIONS TO CITY COUNCIL:
Recommend denial by a vote of 3-2 of item REZ08-00005/SU608-00005, an application submitted by Ike
Akabogu for a rezoning from Medium Density Single Family (RS-8) zone to High Density Single Family
(RS-12) zone and an 11-lot residential subdivision for approximately 0.88-acres of property at 442, 446,
and 452 Benton Street and 719 and 723 Michael Street.
CALL TO ORDER:
The meeting was called to order at 7:33 p.m. by Chairperson Ann Freerks.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
REZONING ITEMS:
REZ08-00005/SU608-00005: Discussion of an application submitted by Ike Akabogu for a rezoning from
Medium Density Single Family (RS-8) zone to High Density Single Family (RS-12) zone and an 11-lot
residential subdivision for approximately .88 acres of property at 442, 446, & 452 Benton Street and 719
& 723 Michael Street. The 45-day limitation period is August 7, 2008.
Kuecker noted that this item had been deferred from the last meeting. The applicant has submitted a new
site plan which would change the development to a 10-lot subdivision by changing the original six units on
Michael Street to five units. This change provides a new 30-foot wide green space that was not originally
there. In addition, three parallel parking spaces have been added to the site plan. Kuecker handed out
elevation drawings of what the buildings would look like. Kuecker stated that Staff's concerns with the
new plan are similar to their previously stated concerns. Staff is concerned with the amount of open
space and with the scale and design of the buildings. Although Staff was given a set of preliminary plans
to look over earlier in the week, the plans before the Commission on this evening had not been
extensively reviewed.
Kuecker attached information to the staff-packet that the Commission had requested at the last meeting.
One Commissioner had asked for data on the amount of building permits and what sort of redevelopment
had been happening in the neighborhood in question; a table was included in the packet which outlined
this information. Commissioners also requested information on the amount of dollars in General
Rehabilitation and Improvement Program (GRIP) funding that had been given out in the neighborhood.
Kuecker included a summary of the funding, and stated that the total amount spent in the last 20 years
Planning and Zoning Commission
August 7, 2008
Page 2
was approximately $200,000 for this neighborhood. Kuecker stated that a copy of the minutes from the
Planning and Zoning meeting in which this property had requested an up-zone to RM-20 was also
included in the packet.
Freerks asked if there were any questions for Staff. Eastham asked if Staff knew what the allowable
number of units would have been for these five properties under the RS-8 zoning that was in place prior
to recent revisions to the zoning code. Miklo said that was something which Staff would have to study.
Kuecker noted that under the current RS-8 zoning there could be six lots, possibly seven if the corner met
the size requirements for a duplex. Eastham asked if it would be reasonable to suggest that more units
would have been allowed under the previous version of the RS-8 zoning code. Miklo would not risk a
guess without sitting down to further research the question.
Freerks opened the public hearing and invited the applicant to speak first
Ike Akabogu, 1555 Otter Lane, North Liberty, thanked the Commission for the opportunity to speak with
them regarding this application for rezoning. Akabogu stated that when the application was submitted,
the plans were fora 6-plex. He said that a 6-plex had been planned because his bank required at least
that many units to finance him. Akabogu stated that in order to make the project work for the Planning
and Zoning Commission, he had gone back and reduced the number of units on Michael Street to five,
created more green space, and added an eight-foot porch in the front of each unit to provide additional
outdoor space. Akabogu said that he had also twice met with the neighborhood since the last Planning
and Zoning meeting and has shown the new plans to them. Akabogu stated that this was not an issue of
him against the neighborhood; rather the neighborhood and he are endeavoring to work together. He
said that in the last conversation he had with the neighborhood they actually liked the revised drawings;
however, their concerns remained regarding the rezoning. Akabogu stated that he wished to remind the
neighborhood and the Commission that the properties in question are surrounded by RM-20 zoning and
apartment buildings. These lots, Akabogu contended, are totally different from the other side of Benton
Street in that there are apartment buildings and multiple-family units all around his units, whereas the
other side of Benton consists of small single-family units. Akabogu said the neighbors need not fear a
"slippery slope" argument in which property owners in the area would rush to get rezoning for their
properties and would be approved based on his precedent. Akabogu said that the other properties in the
area would not be so justifiable for a rezoning based on the fact that they are not surrounded by multi-
family units. The condition of the units in question, Akabogu said, is terrible; everyone agrees. He asked
the Commission if it was better to leave these units in terrible condition, or better to try to improve the
area by implementing his building plan. He said the community would gain solid buildings, a wider street
on Michael Street, and new sidewalks. This rezoning, he said, applies only to his small corner, not to the
whole neighborhood; he is not looking to change the whole neighborhood. He said that he wished it was
possible for him to simply build fewer units to ease everyone's concerns, but financially he has done all
he can do to show good faith. Akabogu said that trying to fix the current units is simply not worth it
financially because the units were not built to fast for as long as they have. Akabogu encouraged the
Commission to consider the positives of this project and to look at the whole picture.
Koppes asked how long Akabogu had owned 723 Michael Street. Akabogu replied that he had owned it
since 2006. Koppes asked if he had done a basement remodel on the property. Akabogu said he tried to
refinish the basement but that as he worked one thing after another was found to be in need of repair or
replacement. Koppes asked if he then did not actually refinish the basement. Akabogu said that he did,
but that it did not really cure the problem. Akabogu said that the problem is that you cannot really
remodel something that was not intended to last that long in the first place. He said that he keeps pouring
in money, but is not able to raise the rents to cover the expenses. Akabogu stated that it must also be
kept in mind that most of the units in the neighborhood are not owner-occupied, and that replacing his
current units with newer units will not change that fact. He said nicer units may bring in people of more
decent character to the neighborhood.
There were no further questions from the Commission for Akabogu.
Uju Akabogu, 1555 Otter Lane, North Liberty, stated that she is Ike Akabogu's wife. She said that she
was very impressed with the crowd that came out to support and show concern for their neighborhood,
and she thanked them for doing so. Akabogu said that she also is concerned for the neighborhood and
Planning and Zoning Commission
August 7, 2008
Page 3
expressed a deep love and appreciation for Iowa City.
Akabogu expressed concern with the idea that changing this one little corner of Benton Street would
change the entire city and be a visual blight on the neighborhood. Akabogu wished to reassure anyone
who had these kinds of concerns that the corner in question was very much separate from the rest of the
neighborhood and that the designs of the buildings are actually quite cute and provides a nice transition
between the small homes of the neighborhood and the large apartment buildings surrounding the
property.
Akabogu said she hopes that people understand that she and Akabogu want what is best for the city and
for Iowa because she is an Iowan and her family is Iowan; they are not just disinterested foreigners who
do not care about the area. She said they want only to improve the area, and to conduct their business
like everyone else is able to do.
Lambert White, 329 Douglass Court, said he had concerns for how this new construction project would
relate in aesthetically with the current neighborhood. White asked who the target clientele for the units
was intended to be: families, students, low-income individuals? White noted that any talks that took place
with the neighborhood must have been very isolated in their nature, as he was never consulted. White
asked what Ike Akabogu had meant when he said that Michael Street would become a "normal" street
after the completion of the project.
Mary Knudson-Dion, 725 W. Benton Street, said she wished to clarify the issue of the neighborhood
having been met with Akabogu. Knudson-Dion said that she and Mark Cannon had been called by
Akabogu a couple of times to meet with him concerning the project. Knudson-Dion said that while the
conversations were collegial, Knudson-Dion and Cannon were not in any way presenting themselves as
representatives of the neighborhood. Knudson-Dion said that the meetings were simply to keep her and
Cannon apprised of changes to the plans.
Knudson-Dion said that she had expressed to Akabogu that she liked the fact that he had increased the
green space with these new plans, and that she felt the building design was attractive. However, she
also informed him that she would not support the project because she is concerned of the "slippery-slope"
effect the change in zoning might have on the neighborhood. Knudson-Dion noted that 61 % of the
properties in the neighborhood are rented. She noted that land there is cheap and that values would go
up considerably for owners of that land if the zoning became RS-12. Knudson-Dion said that Callaway
Acres, the 8 acres of vacant land behind her house, could easily be rezoned to RS-12 if that zoning is
granted to Akabogu.
Knudson-Dion said her concern extends to other neighborhoods, not just hers, because she is afraid that
if this passes, it will also be easier for other developers to go from RS-8 to RS-12.
Knudson-Dion said that a lot of hard work was done with the Southwest District Plan to integrate the two
sides of Benton Street and emphasize that they are in fact one neighborhood. One of the reasons
residents wanted Benton Hill Park was so that they could have one, unified, diverse neighborhood that
joined together in spite of the arterial dividing the two sides of the street.
Knudson-Dion said that her understanding of the staff report was that Staff had requested the building be
reduced to four units, not five. She asked for clarification on that.
Weitzel asked Knudson-Dion if her neighborhood had a Neighborhood Association. Knudson-Dion said
that it did, that she was its representative, and that it was with the Neighborhood Association that Ike
Akabogu had initially met with in May.
Anne Bendixen, 902 Hudson, stated that she owns her own home, six homes away from the property in
question. She stated that she is aloes-income, single parent of two children who attend Roosevelt
Elementary. She noted that the property is on the route she and her children take to school each day.
Bendixen said that when she moved into her house 11 years ago it was in a neighborhood that was
diverse in terms of economic-standing, race and age; a quality which her family liked about the
Planning and Zoning Commission
August 7, 2008
Page a
neighborhood. Bendixen stated that she has been troubled by the deterioration of the neighborhood.
She described the neighborhood as one on the brink of collapse.
Bendixen said that increasing the population density of this neighborhood could only make the situation
worse. Increasing the density will mean: less green space and fewer mature trees in an area where shady
pedestrian areas are already limited; more transitory student renters with no investment in the
neighborhood; more student parties and the nuisances that come with them in terms of trash and noise;
more parking problems in an area with very limited parking; more risk for children walking on streets with
no sidewalks, more risky student drivers, more incidents of near-misses for children walking to and from
school; more requests for zoning changes from other rental properties, which will only exacerbate existing
problems; and a continued decline of families in the neighborhood. Bendixen stated that the end result
would be a faltering elementary school surrounded by college-student apartments, leaving the vast
majority of Roosevelt students to be bused in from other neighborhoods. Bendixen stated that this
rezoning could result in another ghetto for Iowa City.
Josh Newman, 1715 G ST, former owner resident of 442 W. Benton Street said that he has an interest in
these meetings as a longtime Iowa City resident. He said he wished to respond to a letter opposing the
project by saying that while the writer was concerned with keeping the neighborhood affordable for first-
time homebuyers and families, what the homes in question really are is cheap, not affordable.
Ruth Baker, 515 W. Benton Street, said that she lives directly across the street from the proposed
townhouses. Baker said she had attended the May 15`h Neighborhood Association meeting with
Akabogu, and said she has given the matter a lot of thought. She said that while the homes are in terrible
shape, the solution is not to change the zoning. She said an increase in density would be the last straw
and would absolutely demolish the neighborhood. Baker said that while Akabogu is asking only to rezone
a few properties, she believes it is true that other requests will come in immediately and that they will be
difficult to deny if they meet the same criteria. The neighborhood already has its share of high density
multi-family units, Baker said. Baker noted that Akabogu purchased the properties knowing they were
zoned RS-8. Baker said that the City is always expressing the need for affordable housing in Iowa City,
and yet, here is a neighborhood full of affordable housing that may be destroyed. Baker said that it is a
shame that the properties have not been kept up better, and that she believes there should be some City
assistance available for first-time buyers in the neighborhood. She said the neighborhood would
welcome subsidized housing and that as a diverse neighborhood close to downtown, it was made for that
kind of thing.
Ann Kohl, 709 Giblin Drive, said that she had lived in her home for nearly 35 years. She said that she
hopes the Commission will not change the zoning to RS-12 because she feels the neighborhood already
has too many apartments, and does not need the increased population, or the extra traffic. Kohl said that
while she gets along alright with the students who live next door to her, they do have way more parties
than she would like. She said that she believes Akabogu means well, but that she does not believe he
really knows what he is doing with this project. She said she believes that the buildings are way too much
for the area, and that the plan would be detrimental to the neighborhood. Kohl said she worries what a
change in zoning might do to property values as well as property taxes. Kohl said the focus should be on
what can be done within the confines of the present zoning. She stated that Akabogu knew what he was
getting when he bought the properties and he should now deal with what he has.
Anna Buss, 525 W. Benton Street, stated that if Akabogu bought these properties in 2006, then he knew
what he was getting. One of the things that he has clearly said, Buss stated, is that these buildings are in
bad shape and are falling apart. Buss said that this was not possible in Iowa City because the Housing
Inspection Services (HIS) department would not issue a rental permit to any property that was unfit to live
in. If the house is somehow unfit to live in, Buss said, then shame on the City for letting that happen and
shame on Akabogu for not fixing them up.
Buss said that every one of her properties in the area is older than Akabogu's, and each was in as bad or
worse shape when she bought them. She said she has sunk thousands of dollars into her properties, and
as a result, she now has higher property taxes. Buss said that if Akabogu does not wish to keep his
properties up then he should sell them to someone who will.
Buss said she invited everyone to go by and look at the rental properties up the hill in the RM-20 zone
Planning and Zoning Commission
August 7, 2008
Page 5
Two of them, she said, are in such horrible condition that they ought to be torn down. Buss contended
that because Akabogu knew what he was buying when he purchased the properties, he had to have had
a plan for the neighborhood that included rezoning.
Buss said that a number of years ago she owned almost every house on Miller Avenue. When the
Southwest District Plan was developed and the zoning was changed, Buss said, she lost a lot of money.
The rezoning prevented her from being able to put duplexes all down Miller, as she had hoped. As a
result of that rezoning, she began selling her properties on Miller. She said that she had spoken to
everyone that she had sold to and they are all waiting to see what the Commission does with this issue.
Buss said that the owners of the nine acres south of Benton Hill Park are also waiting to see what comes
of this rezoning. She said that there are realtors that are salivating at the idea of a rezoning in the area.
Buss stated that five of the eight houses on Miller Avenue are rental properties; on Benton Street
between Hudson and Miller, two of the three houses are rentals; on the west side of Hudson, six of 15
houses are rentals; on the east side of Hudson 11 of 18 houses are rentals. Buss said that by her count,
the percentage of rentals in the neighborhood is more like 75% than 61 %.
Buss said that affordable housing does not exist in Iowa City. She said affordable housing is a myth and
that this is because of the land costs and the expense of City requirements. Buss said that she has been
unable to find a builder for her proposed development that is willing to build for less than $210 per square
foot.
Buss said that she will be satisfied whether the Commission votes to rezone or not. With a rezoning, she
stands to make money and see her property values double. She does not, however, wish to see what will
happen to the neighborhood if the rezoning goes through.
As no one else came forward to speak, Freerks allowed Ike Akabogu a chance for rebuttal.
Akabogu stated that the issue was one in which everyone needed to take their emotions out of it and
examine the real deal. Akabogu said that something needs to happen with the houses, and that this plan
is one which will draw families to the community. Akabogu said that his heart's plan is to house families,
not students. He said that he is working together with a Johnson County assistance program to make
these homes affordable for families. Akabogu said that the median income for asingle-person household
in Iowa City is $50,800; Iowa City is not a cheap place to live. Right now, Akabogu said, no family with
children will rent these homes. This project, Akabogu said, will provide units with room for families and a
widened, improved Michael Street. Akabogu said that low-income housing is not going to fall from the
sky, and that he is trying to do something for this population.
Akabogu stated that he is giving the Commission a say in what happens to this neighborhood; that he is
presenting plans that he will have to follow, and not just asking for a blank check. He said that he has
helped one of his former renters, a single mother; actually buy the house she had rented from him. This,
he said, is his real mission and what is in his heart. Each unit is on its own lot so that the family can
actually buy it, Akabogu said, and he is connecting with resources and organizations in the community to
make that possible.
Freerks interjected that the Commission cannot rezone based on potential buyers. Freerks said that who
may purchase or live in the property and whether or not it is owner-occupied never comes into play with a
rezoning.
Akabogu said that he understood this, but that he was addressing concerns of the community. Akabogu
said that he was replying to the concern that 61 % of the neighborhood was already a rental, and that he
was trying to show he would be taking away from that problem, not adding to it.
If the rezoning is approved, Akabogu said, then five rental units will be replaced by ten very nice units that
could be purchased by their occupants. If nothing is done, Akabogu said, the community will further
deteriorate. He wants to be a part of the community, he said; he wants to work together with the
community to make it a better place.
Planning and Zoning Commission
August 7, 2008
Page 6
Akabogu reminded the Commission that the last time he came for a rezoning he wished to connect the
two lots on Michael Street with the rest of the RM-20 zone in the area. If that had been done, he said,
they would not have had a problem rebuilding single families on the Benton Street side.
Freerks asked why Akabogu was now asking for a rezoning on Benton Street if he once thought that the
appropriate thing to do was to cut off the rezoning at Michael Street. Akabogu said that at the time he
requested the first rezoning, he did not own al- of the units on Benton Street that he does now. Freerks
then asked if the original rezoning application was based then on what he owned, not on what he thought
was best for the area as a whole. He said that this was true.
Akabogu said that it only makes financial sense to build buildings the size he is proposing. No bank will
sponsor a plan that does not make money from them. Akabogu contended that there will be no increase
in density as a result of this plan. Freerks responded that an increase in density and a rezoning is
required to implement the plan. This plan does not mean that the children will not have a place to play,
Akabogu said, or that the neighborhood will be ruined and the community destroyed. This plan will
actually create a better place for children and the community. He is the one who will be paying to make
these improvements.
Freerks noted that Staff had recommended a reduction in the number of units on Michael Street from six
to four, and that Akabogu had only reduced the number to five. She asked why he had settled on five.
Akabogu said that even at six units the plans showed an $114,000 deficit. With five units, Akabogu is
endeavoring to show the Commission that he is willing to make the project work. He said that he is open
to suggestions from the Commission and the community to make this work.
Weitzel asked Akabogu to speak to the neighbor's point that he should at least try to work within the
framework of the existing code, if not within the framework of the existing buildings. Akabogu said that he
has searched for ways to get this done without changing the zoning. Most available funding requires an
owner-occupant to qualify, and were fairly small amounts.
Freerks stated that some of these properties were owner-occupied before Akabogu bought them. He
said that only Josh Newman's unit was owner-occupied and that Newman had tried to fix the place up but
that it was not feasible. Akabogu said that he was told by one contractor who looked into remodeling the
place that it looked as though the home was from Mexico or something. Akabogu said that with all of the
repairs needed, one might as well tear the place down and build new. The reason they are proposing the
building they are, Akabogu said, is that it makes good financial sense. If the City would give him
$300,000 for the project, he would cut the number of units down to whatever the City wanted.
Uju Akabogu said that she felt there was intimidation going on. She said that she felt that some people in
the audience were making threats such that if this is rezoned then they and others will do the same. Uju
said she was concerned that this was intimidating to the Commission and to the other members of the
neighborhood. She said that the implication is that if Akabogu tears down five houses, the whole world
for the neighbors will be rocked, and that simply is not true. Freerks said that this proposal may very well
feel very threatening to some people. Uju said she finds it unfair for someone to say that they are, on the
one hand, against someone being able to rezone, and then on the other hand, going to do the exact
same thing if the rezoning goes through. She said she finds some of the tones threatening, inappropriate,
and intimidating.
Miklo said that he wished to address the question of wholesale rezoning of the neighborhood. From a
professional planner's perspective, he said, each rezoning should be considered on a case by case basis,
and based on the Comprehensive Plan, the character of the neighborhood, and the adjacent zoning.
Freerks said that she felt she must add that the Commission does consider how rezoning an area affects
the rest of the community, and, in fact, the Commission should not do anything without taking this into
account. Miklo agreed that this was true. He noted, however, that one of the things to consider in this
case is the adjacent zone. There is, he acknowledged, RM-20 zoning adjacent and because of this,
transitional zoning such as RS-12 is not necessarily inappropriate. In terms of the larger neighborhood,
most of the area south of Benton Street is zoned RS-8, although there is some multi-family and
commercial zoning. Freerks asked about Miller Avenue, stating that there is RM-20 and commercial
behind Miller. Miklo said that if somebody submitted a proposal to rezone the area north of Benton Street
Planning and Zoning Commission
August 7, 2008
Page 7
then that would be a consideration. Miklo said that there seems to be an implication that if this is rezoned
the entire neighborhood must be rezoned, and that is false.
Sadie P. May, 612 W. Benton Street, stated that she has lived in her home for 50 years. The
neighborhood has been described as a residential area, she said, and she would like to keep it that way.
May said that there were still a few people in the neighborhood that owned their homes and that they
would like for that to continue. She said that they do their best to keep their places up. May said she
would not like to see any more townhouses than are already there. Living next to the school, she said,
she sees how dangerous it is for the children to walk to school and try to cross the street, especially
during the winter. May said that she is surprised that in all the years she has lived there no child has
actually been killed trying to cross the street. She said that she looked forward to a better Iowa City, and
that she is asking the Commission not to approve this plan.
Weitzel asked Miklo if Benton Street was an arterial street. Miklo replied that it is.
Lambert White said that he drives Benton Street every day in his automobile and twice a day as a school
bus driver. White said that Benton Street has issues of speeding traffic, poor road conditions and children
trying to cross a dangerous road. Adding to the density of the neighborhood just puts more pressure on
that road, White said. During the flood, White said, Benton Street turned out to be the only access road
between one side of town and the other, which further demonstrated its vulnerability. White said the size
of Benton Street should be increased, and that added consideration should be given to the density of the
population in that area.
Koppes remarked that while Benton Street is an arterial, it does not meet the current standards for an
arterial. Miklo said this was correct. Benton Street has insufficient width for an arterial and has more
driveways coming off of it than would be allowed for a new arterial. Then again, Miklo said, when moving
traffic in an area that is already built, you are not going to have a modern street. Getting a modern street
into an already built neighborhood such as those off of Benton would probably destroy the neighborhood.
The City Council did consider a proposal a couple of years ago to add improvements such as turning
lanes on Benton Street and encountered quite a bit of neighborhood opposition. As a result, Miklo said,
that proposal was basically tabled and there are no current plans to widen the street.
Anna Buss stated that there had been court cases in the past in which property-owners sued the City to
get a rezoning because of issues just like the one before the Commission currently. Those cases, Buss
said, will not be the first or the last to go to court. Buss said that she is trying to be intimidating because
she owns two-and-a-half times as much property as the Akabogu's do and she would love to build on it,
as would some of the other property owners down the street and the owners of the vacant lot on Miller.
Plahutnik asked if these discussions about other properties could be brought up at the beginning when
the Commission invites discussion of other issues, as that would seem more appropriate.
Buss said when Miklo said that RS-12 might be a good fit for Michael Street due to being surrounded by
RM-20 she realized what a good fit her property on Miller Avenue would be with the commercial zoning
on the other ends of Miller and Hudson.
Buss said that if the Commission would look at the map drawn up by a neighborhood resident that shows
all of the rental property in the area, the picture would become clearer to them.
Ike Akabogu said that the way the houses are right now, the driveways are right on Benton Street. This,
Akabogu said is much more dangerous to little kids than the configuration he is proposing. What he
proposes has no driveway on Benton and has the cars coming into the back of the building. Further, the
houses are 40 feet from the street. Freerks asked how far the current houses were from the street.
Kuecker said she was not sure, but that it was less than 40, perhaps 20-25 feet.
Paula Swygard, 426 Douglass Street, said that she has been a homeowner in the area for about 11
years. Swygard shared the map that had been discussed by Buss with the Commissioners. She said
that when the rentals surrounding them are all laid out on a map like that it feels pretty overwhelming.
Miklo also supplied the Commissioners with a map containing the same information that had been drawn
Planning and Zoning Commission
August 7, 2008
Page 8
up by Staff.
Swygard said she would like to address the idea of emotion playing into this situation. She said that her
feeling is that the emotions have been on both ends. She noted that Akabogu talks about what is in his
heart and the way he wants to help families. When it comes right down to it though, Swygard said, this is
a business he is talking about. He is in this for financial reasons, and that should be considered, she
said.
Freerks invited new commentary from the public. As no one came forward, the public hearing was
closed.
Freerks said that she believed there were two options for going forward. The 45-limitation period is up, so
the Commission could vote either to approve or deny this application. If the Commission voted to
approve, then they would need to discuss limitations or conditions they would require of the developer. If
conditions and limitations are required, then the Commission may want to ask the applicant if he would
like a deferral so that the Commission had time to review exactly what conditions they would like placed
on the property. Freerks said that before the matter was discussed further she would like to ask for a
motion.
Eastham moved to defer this item to the item until the next meeting if the applicant approves a deferral.
Freerks said the request has to come from the applicant. Miklo said the applicant could be asked now.
The applicant indicated his agreement to a deferral.
Weitzel seconded the motion
Freerks opened the floor for discussion
Eastham said that he felt this proposal had a number of fairly complicated issues associated with it, and
he would like to have some additional time, including an informal session, to ask some questions of Staff.
Eastham said that he personally thinks this is a rather challenging neighborhood, and that it makes it
difficult to discern the best way to proceed with this application and to foresee how the proposed
development will affect the overall area. He did not feel ready to vote one way or the other, and thus,
motioned to defer. Eastham said he would also like to defer to give Staff time to make some additional
recommendations. Freerks asked what those recommendations would be. Eastham said he did not think
that Staff had yet had time to evaluate the most recent set of plans. Miklo asked Eastham if he wanted
Staff comment on that, and Eastham said he would.
Miklo said that from the beginning Staff had seen some merit in this potential rezoning, but that Staff also
felt that this was a sensitive neighborhood and that there were conflicting issues that need to be weighed
against one another. From StafFs perspective, the current housing stock on these five lots is not in good
shape. There is a desire on the part of the neighborhood, which is encouraged by the Comprehensive
Plan, for a mix of single-family, owner-occupied and rental units in this area. When Staff reviewed this
application, StafFs consensus was that given the size, design and quality of the units, the likelihood that
they would become owner-occupied again is small. It is possible that the units could be fixed up as
rentals, but the size, configuration, and lack of basements in the homes are a challenge to their
desirability as owner-occupied units. Freerks said that this is not something that is usually talked about in
the Commission's approach to a rezoning: the quality of the property. Miklo said that he believed it was
relevant in this case because of the sensitivity of the neighborhood and the attempt to balance density
with the long-term stability of the neighborhood. Some would argue, Miklo said, that increasing density is
going to destabilize the neighborhood; but Staff is not sure that is the case here. The reason he is
addressing the size and quality of construction of these houses is that Staff must ask itself if it is possible
to achieve the goal of stabilizing this neighborhood with the existing housing stock only. Miklo reminded
the Commission that Staff did not recommend approval of this application, although they did see some
merit in it. Staff had recommended deferral to allow for time to address the concerns regarding the
design of the units, the lack of open spaces and the parking issues. While there has been some
movement on the applicant's part to address those things, the issues have not been completely resolved.
Miklo noted that Staff had recommended four units on Michael Street, and while five units does help to
address the steep slope issue, it probably is not as good of a fit in the neighborhood as four would be.
Planning and Zoning Commission
August 7, 2008
Page 9
Staff just received the revised plans today, and while Staff feels the level of detail could have some merit,
there are still some things Staff would suggest changes to. Miklo said that he is not ready to
recommend the plan as it is. Miklo said that he believed the question before Staff, the Commission, and
the neighborhood is: is it better to leave the current housing units there in the way that they are now?
Miklo said that it was possible that if the units were left as is someone would buy them or the applicant
would fix them up.
Freerks commented that she felt it was a sad state of affairs if Iowa City had come to the point where they
had to up-zone in order to get someone to do something with their property. Freerks said she felt it was
rewarding negligence. Miklo said that that point of view was certainly something for consideration. Miklo
said the reason Staff was looking at the question so hard was because there is a real commitment to
preserving this neighborhood on the part of both the City and the neighborhood.
Koppes noted that the mass of these buildings is so much different from the rest of the neighborhood, and
that this really concerned her. Freerks agreed with this concern. Koppes said the buildings are quite
large compared to the small single-family homes in the area.
Freerks said she had looked through the minutes from the 2007 rezoning; she had looked through the
Comprehensive Plan; she looked through the code; she looked at the Southwest District Plan. Her
conclusion is that she is not convinced that an up-zone is what is required to improve this neighborhood.
She said she does have concern with the precedent rezoning could set. She noted that she is in no way.
intimidated by anyone's statements in those regards, but that in looking at the history of how things have
been done in the past she can see where someone can easily make a similar request on the same
grounds in various places in the neighborhood. While she understands that each rezoning is considered
on its own merits, Freerks feels that this could result in a "slippery slope" effect. Freerks said that
ultimately, she has a lot of concerns based on the Comprehensive Plan.
Weitzel said that he did not want to stop discussion while the Commission was getting on a roll, but he felt
that the question of deferral should be called. Freerks said that first the Commission would need to be
formally directed by Akabogu on whether or not he would like to defer until the August 2151 meeting.
Akabogu stated that he would be willing to waive the 45-day limitation period if that would help the
Commission.
Freerks stated that the Commission now knew it would be possible to defer, but that now the Commission
must vote on whether or not they wished to actually defer the matter.
The motion to defer the application until the August 215` meeting failed on a 3-2 vote. Plahutnik, Freerks
and Koppes voted against the deferral. Weitzel and Eastham voted for the deferral. Busard was not
present.
Freerks asked for a new motion
Weitzel moved to approve REZ08-00005/SUB/00005: an application submitted by Ike Akabogu for a
rezoning from Medium Density Single Family (RS-8) zone to High Density Single Family (RS-12) zone
and an 11-lot residential subdivision for approximately .88 acres of property at 442, 446, & 452 Benton
Street and 719 & 723 Michael Street.
Plahutnik seconded.
Freerks opened the floor for discussion.
Freerks noted that the agenda item called for an 11-lot subdivision, and the current plan was fora 10-lot
subdivision.
Weitzel stated that he wished to amend his motion to include the current configuration of the plans and
elevation drawings subject to potential Staff approval.
Eastham asked how many units were being discussed. Weitzel said ten units, and added that he wanted
Staff to have the chance to modify the designs to allow them to fit better with the neighborhood.
Planning and Zoning Commission
August 7, 2008
Page io
Miklo stated that the way to approach this if the Commission wished to put conditions on the plans that
they have seen is to do a Conditional Zoning Agreement (CZA) that would have language to the effect
that the RS-12 rezoning is approved subject to the adherence to aStaff-approved concept plan and
elevation drawings.
Plahutnik asked for clarification on whether this CZA would be an agreement with the owner, or if it was
something that would attach to the property. Miklo replied that it would be attached to the property; it
would be like a covenant where if it was purchased by someone else, that owner would also be required
to adhere to the plan unless they had the City lift it. Miklo clarified that the conditions are a permanent
requirement for the rezoning and do not have an expiration date.
Weitzel said he would like to amend his motion to reflect that. Greenwood-Hektoen asked Weitzel to be
more specific.
Weitzel said he would like to amend his motion to include a CZA that basically specifies Staff approval of
the configuration of the lot-lines, the setbacks, the elevations and all of the other similar details involved in
the current 10-unit plan before the Commission.
Freerks stated that there was a motion and a second on the floor, and invited discussion
Plahutnik stated that what was ultimately being discussed was the rezoning of this property. Plahutnik
said that the thing that was foremost in his mind was the down-zoning of the S. Governor area that was
done a year or two ago. Plahutnik said this was an Iowa City zoning success story. The plan currently
before the Commission, Plahutnik said, was the antithesis of that. The first step that the residents of S.
Governor successfully fought against was a rezoning five years prior. Plahutnik said that stabilization
was reached in a very dicey neighborhood that was much like this area: huge apartment buildings
abutting single family-dwellings, abutting duplexes, triplexes, etc. Plahutnik said he wants to at least give
the Miller-Orchard neighborhood a shot. This project, he said, could be the tipping point that sends the
neighborhood in the other direction. Plahutnik acknowledged that the current buildings were sub-
standard, but he said that he did not buy them so that is not his sole focus. Plahutnik said that it
appeared that the Planning and Zoning Commission was written in as a part of the business plan when
these properties were purchased, and he said it was unfortunate that no one had consulted him at the
time. Someone, somewhere, has a plan for these properties that he can agree to, Plahutnik said, and he
is perfectly willing to be patient and wait for it.
Eastham said he had spent quite a bit of time walking this neighborhood, and that he has also looked
carefully at the Comprehensive Plan. Eastham said he has tried to consider how effective the current
zoning has been, and has asked himself what the condition of the neighborhood is under the current
zoning and where it seems to be headed. Eastham said he asked himself if this specific proposal offers
something that is not available under the current zoning in terms of the long-term residential viability and
development of the neighborhood. The Comprehensive Plan, Eastham said, indicates that this
neighborhood should remain zoned primarily for single-family occupancy: this includes owner-occupied
and rentals attached and detached units. Eastham said this neighborhood had been zoned RS-8 since
1983. And while the zoning has not changed, the use of duplexes in zoning and in the city's development
has changed considerably in that time. Eastham said that he suspected the balance between rental
occupancy and owner occupancy has changed toward rental-occupancy over the course of the years.
Eastham suspected that the housing conditions had correlatively deteriorated as that balance shifted.
The City's housing surveys tend to support this belief, he said.
Eastham said that what he was thinking about was the fact that under RS-8 zoning the neighborhood has
moved in an undesirable direction. Eastham said that he understood that a number of individuals had
worked very hard and spent a great deal of time and money on their properties, and he stated that this
was with great results. Most of the reinvestment in this neighborhood, however, has been in the form of
duplexes. Eastham said he was having a hard time convincing himself that maintaining RS-8 zoning
everywhere in this neighborhood is going to get the City and the neighborhood where they want to be in
terms of neighborhood stabilization and improvement.
Freerks asked if Eastham was suggesting a Comprehensive Plan change. Eastham replied that he was
Planning and Zoning Commission
August 7, 2008
Page 11
not. Eastham said that the RS-8 zoning on Governor Street to which Plahutnik had referred may not
have the long-term stabilizing effect that the Commission had hoped for. Over time, Eastham said, he is
not sure that RS-8 zoning quite cuts it. Eastham said that he does believe the Comprehensive Plan does
allow RS-12 zoning in this neighborhood, although it is not clear-cut. Eastham said that carefully selected
RS-12 zoning in infill development is probably going to be called for in the future as the City tries to
stabilize and reverse the trend of non-maintenance in older neighborhoods. Eastham said he did not
think that RS-8 zoning would permit the necessary flexibility to do so. He said that such neighborhoods
would require a slightly higher development density in order to make development financially justifiable.
In this particular case, Eastham said, he would prefer to look at nine total units as part of a CZA, and
would also like to include a provision that limits the number of bedrooms to three in any given unit, and
possibly requires a mix of two and three bedroom units. Eastham said that the allowable unrelated
occupancy on the five units in question is currently 20 people. With nine units in the proposed plan, the
unrelated occupancy would be 27 people. Eastham said that nine units would not unduly increase the
overall density of the neighborhood, and would make the property more manageable while keeping it
financially feasible.
Eastham said that he intended to vote in favor of the motion. He added that when the Chair was ready he
would like to offer an amendment to the motion to reduce the number of units to nine, and to limit the
number of bedrooms in any one unit to three bedrooms with a maximum total of 33 bedrooms for the
entire development.
Freerks asked for a vote on the amendment
The amendment failed on a vote of 3-2. Plahutnik, Koppes, and Freerks voted against the amendment.
Eastham and Weitzel voted for the amendment. Busard was not present.
Koppes said that she too had read the 2007 minutes requesting a rezoning for this property and she said
she was struck by something Plahutnik had said. At that time, Plahutnik had said that he did not think a
past intrusion into the RS-8 zoning merited a continued intrusion. Another Commissioner of that time had
expressed concern for the "slippery slope effect" on zoning if that request had been granted. Koppes
stated that the concerns had not really changed since the 2007 application. Koppes said she felt if the
Commission wanted to do this, then they would need to go back and open up the Comprehensive Plan
and really look at this neighborhood. She said that just saying RS-12 fits into the current Comprehensive
Plan is not good enough. She thinks the Commission needs to go back and determine what their vision is
for the neighborhood. Koppes said that she is not at all for putting a massive structure with ten
townhomes in this neighborhood. She said that she would not be supporting this motion.
Weitzel said he was discovering that all rezoning issues are contentious. He said that he really does feel
for the neighborhood and stated that he had gone through similar things in his own neighborhood.
Weitzel said that what it comes down to for him, is that the Comprehensive Plan does say single-family
housing is appropriate for this area and RS-12 is, by definition, single-family housing. Weitzel said that
he does not see how this is tied to the Governor Street down-zoning because that area had much larger
housing overall, bigger lot sizes, and a preservation overlay present in the area. Those things, Weitzel
said, make a big difference. This is a different kind of neighborhood in a different area of town and the
same kind of revival would not necessarily take place as a result of adown-zoning. The proposed
development may offer a different kind of revival in the neighborhood. Weitzel said he also sees value in
the idea of a transitional RS-12 zoning between the RM-20 and the RS-8 zoning.
There is noway to control for who will rent a given unit when considering a rezoning, Weitzel
acknowledged; however, the design and the detail make these units more attractive to the less
rambunctious sort of renter. Weitzel said he wished to point out that there are very aggressive nuisance
laws in this town, which are quite effective, although they do require diligence on the part of the
neighbors.
Weitzel said that as he looks at the Comprehensive Plan he sees this fits into it and he thinks this
development does have the potential to be very good for the neighborhood. He stated that he would be
voting in favor of the motion.
Planning and Zoning Commission
August 7, 2008
Page 12
Freerks said that she agrees that additional investment in this neighborhood would be beneficial, just as it
is beneficial to any neighborhood that wishes to have well-maintained properties. She said that she felt it
was sad to have to dangle a rezoning carrot in order to get people to maintain their properties. She said
she also does not see properties with this kind of bulk and mass and scale and lack of green space fitting
into what she sees in the Southwest District Plan. That plan, Freerks noted, calls for buildings "designed
to be sensitive to the environment, topography and surrounding development," and the proposed plan
simply does not do that. Freerks said that more units does not necessarily equal affordable units, and
because there is no guarantee despite the owner's assurances that the units will actually be affordable,
she cannot take that into her consideration of the application. No one knows who is going to live there,
Freerks said. She said she would like to see reinvestment in these properties within the framework of the
current zoning, and she believes that that can be done. She said that the time since the neighborhood
was rezoned in 1983 until now is just a blip on the screen, and that the Commission owes it to the
neighborhood to give them some more time to maintain and improve their neighborhood. Freerks said
she sees people in the crowd who have invested in the neighborhood, and live there, and wish to stay
there, and what she is hearing from them is that the last thing they want is these townhouses plopped
down in their neighborhood. The bottom line for her, Freerks said, is that this project is not in line with the
Comprehensive Plan. Freerks said she happens to live on Governor Street and that she saw first-hand
the positive results of the down-zoning there.
Freerks said there are implications for all of the adjacent single-family homes in the area. The
environment around them would change with this project, the green space, the trees, and the feel of the
neighborhood.
Although she is not afraid to talk about additional requests, she thinks it would be silly not to expect a
flood of requests from other areas that are adjacent to RM-20. She said she thought Eastham touched
on this when he indicated that the whole area may need to be rezoned. This is something Freerks
disagrees with. Freerks said she intends to vote against this.
Eastham said he wished to make clear that he does not wish to rezone the entire Miller-Orchard
neighborhood to RS-12; he does not think that is at all necessary or appropriate. His thinking is that a
certain targeted rezoning could accomplish a great deal.
Freerks called for a vote.
The motion failed 3-2, with Plahutnik, Koppes and Freerks voting against the measure and Eastham and
Weitzel voting for the motion. Busard was absent.
CONSIDERATION OF MEETING MINUTES: JULY 14 and July 17, 2008:
Weitzel moved to approve the minutes. Eastham seconded.
The motion carried on a 5-0 vote (Busard absent).
OTHER:
Miklo said he wanted to bring the Commissioners' attentions to their work program. Miklo noted that the
subdivision regulations, the number one item, had just been finished. At the next meeting, Miklo said, the
public hearing will beset on the Central District Plan for September 4`h. This will be sent out to
Commissioners prior to the meeting and will be one of the Commission's most dense plans, so it may
take some time to review.
Staff will be gearing up for the Southeast Planning District after that, followed by a review of the sign
ordinance, an investigation into methods for protecting landmark trees, and updating the open-space plan
ordinance (which goes with the subdivision regulations). Finally, Miklo said, a couple of years ago the
CB-10 zone was added based on Hieronymus Square and some other developments, the Commission
may want to start working on that relatively soon. Freerks asked if that had been given a temporary fix in
Planning and Zoning Commission
August 7, 2008
Page 13
the past. Miklo said that it had not, and that it was a concern because right now the housing market may
be slow and downtown may be less vulnerable than it was a couple of years ago. The issues are parking,
height limits, and similar sorts of things, Miklo said.
Greenwood-Hektoen shared that she had attended a meeting in Des Moines for the Long-Term Recovery
Planning: Rebuild Iowa Task Force. She said the State had people there talking about disaster
mitigation, and it was interesting and reassuring to go there and find that Iowa City is already doing most
of the things that were recommended. She said that if the Commissioners had anything they wished for
her to communicate to the task force, they could let her know.
Weitzel noted that he is on the Cultural Resource Task Force. Eastham noted that he was not selected
for the Housing Task Force.
Eastham asked Greenwood-Hektoen if she had heard anything about changes to the state code that
would allow communities to more carefully regulate development within floodplains orflood-zones.
Greenwood-Hektoen said that she had not, and that the focus had been on more basic code changes,
such as requiring comprehensive plans, and giving cities greater bonding authority.
Miklo noted that he had passed along an article to Commissioners regarding trees and how important
they are to the infrastructure of a city.
Freerks asked what had come to pass with the subdivision code. Miklo said that it had received first
consideration by the City Council and was set to receive second consideration the following week.
Freerks asked if any changes had been made to it. Miklo responded that it had been pretty much
approved as recommended.
ADJOURNMENT:
Freerks asked if there was a motion to adjourn.
Weitzel moved to adjourn. Koppes seconded. The motion carried 5-0 (Busard absent).
The meeting was adjourned at 9:20 p.m.
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YXOO
APPROVED
IOWA CITY HUMAN RIGHTS COMMISSION
TUESDAY, July 22, 2008
LOBBY CONFERENCE ROOM, CITY HALL
4b 7
Members Present: Yolanda Spears, Florence Ejiwale, Kate Karacay, Corey Stoglin, Martha
Lubaroff, Joy Kross, Newman Abuissa, Dell Briggs, Eric Kusiak.
Others Present: Michael Davis, Kelly Trettin.
Staff Present: Stefanie Bowers.
Call to Order
Karacay called the meeting to order at 7:02 p.m.
Recommendations to Council (Become effective only after separate Council action): None.
Consideration of the Minutes of the June 24, 2008 meet
Minutes approved 9-0.
Fairness for All Families
Commissioners voted to add their support to the statement that will be used by One Iowa to
demonstrate the broad-based support for marriage equality in Iowa.
One Community/One Book Project
Commissioners voted to co-sponsor the 2008 One Community/One Book Project. The book
selected this year is A Long Way Gone: Memoirs of a Boy Soldier by Ishmael Beah.
Leadership Program
Karacay reported that she is still contacting agencies to see whether a Leadership Program
is a viable option for this community, she hopes to complete all necessary contacts and
have an update for Commissioners at the next meeting.
Widernet Project
Kusiak is working with Widernet, a University of Iowa service program that focuses on
improvement of educational communication systems in Africa. Kusiak is new to the program
but will look into things the Human Rights Commission can do to assist.
National Hunger and Homelessness Awareness Week
Lubaroff and Kross will develop programs to bring attention to this issue. They will look
over packet material and present ideas at the next Commission meeting.
Human Trafficking Presentation
Karacay will do a presentation on Human Trafficking. She plans on getting in contact with
others knowledgeable in the area to assist with her presentation.
Internship Program
Stoglin reported that he received a commitment from Iowa on the program and will work with
staff on developing a proposal.
M_r. Eze Presentation
Mr. Eze will present his program September 24th at 7 p.m. at the Iowa City Public Library.
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.
Building Blocks to Employment Job Fair
Karacay reported that at this time the Committee is contacting employers to see whether a
Saturday date for the event is preferable over an evening time. If a suitable number of
employers are available the Job Fair will be held September 9th.
Reports of Commissioners
Stoglin reported on an upcoming program entitled A Better Atmosphere for Diversity.
Karacay spoke of an event held earlier in July that focused on International Justice Day.
Adjournment
There being no further business before the Commission, the meeting was adjourned at
8:00 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
9123
10/28
11/25
12/23
Florence
Ejiwale 1/1/09 X X X X X X X
Kate Karacay 1/1/09 X X X O X X X
Martha
Lubaroff 1/1/09 O X X X O X X
Newman
Abuissa 1/1/10 X X X X O X X
Joy Kross 1/1/10 X O X X O X X
Eric Kusiak 1/1/10 X X O X X O X
Dell Briggs 1/1/11 O X X O X O X
Yolanda Spears 1/1/11 X O X X X X X
Corey Stoglin 1/1/11 X X X O X X X
KEY: X =Present NMNQ - No meeting, no quorum
O =Absent
NM = No meeting
4b 8
MINUTES
Iowa City Airport Commission
June 9, 2008
Iowa City Airport Terminal - 5:45 PM
Members Present: Greg Farris, Janelle Rettig, Howard Horan
Members Absent: Randy Hartwig, John Staley
Staff Present: Sue Dulek, Michael Tharp
Others Present: Peggy Slaughter, Steve Eaton, Minnetta Gardinier, Phillip
Woolford, Jay Honeck, Tom Schnell, Harrel Timmons
DETERMINE QUORUM:
Chairperson Farris called the meeting to order at 5:55 P.M.
RECOMMENDATIONS TO COUNCIL:
FINAL
APPROVAL OF MINUTES FROM THE MAY 8 AND MAY 22, 2008 MEETINGS:
The Members noted that the dates shown on the agenda, April 10 and 28, are incorrect; it
should be May 8 and 22, 2008. Rettig moved to accept the minutes of the May 8, 2008
meeting as submitted, seconded by Farris. Carried 3-0. Horan moved to accept the
minutes of the May 22, 2008 meeting as submitted, seconded by Rettig. Carried 3-0.
PUBLIC DISCUSSION:
None.
ITEMS FOR DISCUSSION/ACTION:
a. Aviation Commerce Park -Peggy Slaughter addressed the Members, stating
that the rain has definitely hampered the construction project in Aviation Park.
However, she added that with the construction have come a lot of phone calls
and more interest in the area. She stated that there is another meeting between
a builder and an interested party, and they are possibly going to have an even
bigger building than originally thought. Members then questioned Slaughter
on some of the possibilities that she is hearing about. Slaughter did note that
there is some renewed interest in the area.
b. FAA/IDOT Projects -Earth Tech -Steve Eaton
i. Runway 7/25 -
Consider a Resolution approving supplemental agreement no.
9 with Earth Tech for engineering services related to the
runway -Tharp noted that the independent review has not
been done yet, but is in the process of getting done. Rettig
moved to defer until June 13, seconded by Horan.
Carried 3-0. Members briefly discussed the status of 7/25
and how this delay may or may not impact things. Horan
asked questions of Eaton, stating his concern with delays for
7/25 and the need to get things completed in this building
season. Dulek noted that the Commission also needs to defer
#3 on tonight's agenda.
2. Horan moved to Consider Resolution #A08-17
Authorizing Chair to Sign Grant Award for Runway 7/25
Rehabilitation -Phase I; seconded by Rettig. Carried 3-
0.
3. Consider a Resolution accepting bids and awarding contract
for Rehabilitation of Runway 7/25 -Phase I. Farris moved
to defer until June 13, seconded by Horan. Carried 3-0.
Dulek responded to Members' concerns, and Eaton weighed
in on Earth Tech's stance.
Eaton then briefly spoke about 7/25, stating that the electrical
contractor recently increased his efforts by adding to his
manpower. They have expended about 60 of their 90 days,
so they still have some time left. Eaton then spoke about the
Phase 1 project and what plans for this year were originally
going to be. He also touched on what the FAA was agreeable
to, stating that they hope to get things open by early fall, not
December. He also addressed a reconstruction of 12/30, due
to the amount of distresses and damage to this pavement.
Eaton further explained to Members what is being seen on
the 12/30 runway. Members continued to discuss this item,
noting the age of some of these pavement areas. Also
discussed briefly was FAA funding and what might change in
the next year.
Members questioned the FAA grants and how the process
currently works. They briefly discussed the best way to get
the needed funds together in order to complete the necessary
projects.
ii. South Aviation Development Study -Farris asked Eaton if June is
still the date for completion of this study. Eaton stated that they
still plan to have the report finalized by the end of June.
iii. South Taxilane Rehab -Eaton stated that they still have some
issues here. They have a contractor on this project that does not
want to put any more funds into it. He noted that they have had
2
some conversations with the contractor, and in the next few weeks
they will need to have a meeting with him in order to get these
issues resolved.
iv. North Taxilane Rehab -Eaton noted that this rehab is a state-
funded project, and they recently went back to the State to request
an extension of this, due to the 7/25 work, the hangar demolition,
etc. He added that there would be enough confusion in this area.
They plan to push this project to August.
v. Jet A Fuel System / AvGas Upgrade -Eaton addressed this topic,
stating that the flow rate is still not adequate. Horan asked if it
would be inappropriate for him to contact this company regarding
this problem. Rettig asked if they don't have legal rights regarding
this -that if the work was not done to contract that they seek legal
help. She feels they need to be more aggressive in both the Jet A
fuel problems and the south taxilane project. Horan stated that he
agrees with Rettig that they should seek legal recourse. Farris
stated that he would like to first meet with Earth Tech and the
contractors in question to attempt to resolve these problems, before
seeking legal recourse.
vi. Terminal Apron Rehab -Eaton stated that there are a few things to
finish up. Farris noted that the painting is still to be done. Rettig
asked Dulek for clarification on the retainers they have had to put
down, and Dulek responded that these retainers are State law.
vii. Obstruction Mitigation -Eaton stated that they are trying to find
out where Mid American is currently with their part of this. He
added that he has left messages, but has not yet received a call
from Mid American. He added that there are some trees left to be
dealt with, and that these are under the same contract as the United
Hangar demolition and will be handled along with that project.
viii. Building H - University of Iowa Hangar Expansion -
1. Public Hearing -Plans and Specs for University of Iowa
Hangar Expansion -Farris opened the public hearing. Dulek
noted that she has made a couple changes to the documents
and she further explained why this was done, noting that
these issues have to do with State bidding laws. Farris then
closed the public hearing.
2. Rettig moved to Consider Resolution #A08-18 Approving
Plans, Specifications, Form of Contract, and Estimate on
Cost for the Construction of University of Iowa Hangar
Expansion; seconded by Horan. Carried 3-0. Eaton
responded to Members' questions regarding this project,
noting some changes that have been made. He further
clarified the bidding process and what it entails. Members
then discussed some of the issues with this project. Rettig
noted that the plan is to award the contract on July 10th, and
she questioned how long before they would start the project.
It was noted that they hope to move this along faster than
originally thought, but that the steel order will be the
deciding factor on when they can begin.
c. Airport Operations; Strategic Plan-Implementation; Budget; and Airport
Management -Farris asked if there were any comments. Rettig asked about
the flowers that have been planted, and she noted the weeds around the trees.
She added that she believes they should "spiff' things up when they are
having an open house or other such activities at the Airport. Horan stated that
they could have a subcommittee take care of this. Rettig noted that they do
have an employee who could do this, in addition to the mowing.
Rettig then addressed the budget issues she has. She stated that on page 2,
under Professional Services, the $95,000 is entirely land sale. She added that
she was uncertain about this and therefore asked for clarification. She noted
that they are still over budget, and she questioned carrying over some of the
Airport's contracted improvement projects. Members continued to discuss the
improvement projects in question. Rettig noted her concerns. Amain issue
was fencing needs for the Airport, and perhaps checking with JCCOG and the
City on the possibility of a wide sidewalk by the Airport. Tharp stated that he
did speak with John Yapp of JCCOG regarding the needed area for a
sidewalk. Rettig then asked about the land sale, and whether this money has
been applied to their debt yet.
Farris then noted that Members should have received information from Dulek
on the .7 versus .6 hours they previously discussed in regards to timecards.
This dealt with exempt versus non-exempt. Rettig voiced her concerns
regarding this matter, stating that she does not like the inability to budget in
this area. She added that she would like to change the position in question to
an exempt one, where it is a salaried position and not hourly. This would
make budgeting easier to do. Members continued to discuss how they would
like to handle this issue, debating an exempt versus non-exempt status, and
full time versus part-time. Rettig stated that she believes they need to decide
this type of thing during budget discussions. Farris suggested a subcommittee
review this issue and look at the numbers prior to the next regular meeting.
d. Hertz -Tharp stated that he spoke to Hertz today, and was told they are
awaiting word from the higher-ups before they can respond. It was noted that
they are concerned about the increase in rates being proposed. Horan asked if
they have countered with anything. It was noted that there have been more
cars in the parking lot for Hertz, leaving even less spaces for those coming to
the Airport. Farris noted that perhaps they need to make contact with Hertz to
see just where they are at this point with renewing their contract.
Barnstormers - It was noted that the Barnstormers' event is this coming
weekend. Tharp added that Sunday morning is a pancake breakfast hosted by
4
Habitat for Humanity in the FBO hangar, 8:00 to noon. Several classic car
clubs will be displaying their vehicles, and the Barnstormers will be flying in.
Tharp stated that they are still working on creating waivers before they can
offer rides in the Barnstormer planes. He added that it might be limited to one
passenger per plane. Honeck added that he is hopeful this can be worked out,
as carrying only one passenger per plane would not be feasible for them.
Rettig noted that she has bought rides on Sertoma planes, and she questioned
the difference. Rettig asked for further clarification on liability issues for the
City, to which Dulek responded. Honeck added that this event is going to be a
really good one, with some very unique planes taking part. It was noted that
there will be sponsor rides on Saturday evening.
f. FBO Staff Report -Harrel Timmons commended Tharp and other employees
at the Airport for their response to the tragic airplane accident last week. He
noted that Tharp was on the scene within minutes. He noted the excellent
communication that helped to enable this quick response. He added that he
would recommend that they look at doing an annual emergency response drill
to practice for incidents just like this one. Members discussed this idea,
stating that having a checklist of items would be beneficial in making sure
everything is taken care of efficiently and correctly during such emergencies.
Rettig commented that the Jet Air staff did an excellent job, as did those
community members who were first responders. A general discussion ensued,
with various examples being talked about with plane tragedies at other
locations. The need for an annual drill was well received by the Commission.
The group briefly discussed the plane accident, asking for some details on
where the investigation stands at this point. Tharp noted that the NTSB
finished their investigation, and the plane was removed from the area for
further review. The DNR will be working on clean up of the accident site.
Rettig further explained her concerns with the jet fuel spill, noting that the
DNR is addressing this. Rettig then asked about the memorial that has been
set up for the young victim of this crash, and whether the Airport has sent
anything yet. Tharp noted that this has not been done yet, but plans are to do
so. Farris added that Angel Flight Central would probably be a good avenue
to go through for contributing to this. Rettig stated that she believes the
Airport should be a part of this memorial, with some type of recognition for
this victim.
Timmons then spoke about the FBO operation, stating that from a business
standpoint, they have had their first significant losing quarter in the past two
years, due to fuel costs mainly. He added that on self-serve here they are at
$5.05, but that on the east coast and at major airports, the cost has risen to
$8.00 a gallon for aviation fuel. There is also aslow-down in the number of
flights being taken. He further explained how the fuel costs have wreaked
havoc with their numbers, and how cutbacks will be considered.
The discussion turned to businesses needing to have "commercial operating
agreements" with the Airport if doing business on Airport property. Rettig
stated that the leases state this, and she feels they need to stay on top of it.
Timmons shared how this has been handled at other airports, specifically the
Galesburg operation. Timmons then briefly touched on the janitorial duties at
the Airport.
Rettig then asked some general questions about the Airport and runways, in
light of the recent accident. Timmons responded to her concerns.
g. Subcommittees' Reports -Farris noted that they have put up the rafter for the
viewing area shelter, but that that's about as far as they have gotten. He
shared some ideas that have come about for the upcoming fundraising
campaign. Farris noted that they hope to finish up the shelter and concrete
projects yet this month.
h. Commission Members' Reports -Rettig noted that she went to the recent
reception for the new City Manager. She talked with Michael Lombardo
about several items, and added that he would like to take an Airport tour. She
also suggested afly-over of Iowa City for him. Tharp noted that he would
stay on top of this for the Commission. Rettig also praised everyone for their
work last week, specifically Jet Air and Tharp, during the tragic accident.
Horan stated that after their May 22°a meeting he did talk with the electrical
contractors about the 7/25 work. He also checked out the plantings on the
south end of the Airport. He added that he does have photos from the accident
last week.
Farris also thanked everyone for their work during the accident. He added
that he also met the new City Manager, and he is considering contacting him,
or other City officials, when the weather clears so they can see the flooding
from the air. Farris also stated that he had some info from Angel Flight about
the accident. He stated that Mr. Martin, the pilot, has done work out of
Bloomington and Peoria, and is a fine individual. He shared with the
Members some of the information being released by Angel Flight.
i. Staff Reports - Dulek stated that the Members were given a memo from
Legal, and she asked that they review this prior to the July meeting. She
briefly touched on the July 1 S` changes for "no smoking," stating that more
info will be available soon. Rettig asked if the City will be purchasing
signage in bulk, to which Dulek responded they would.
Tharp brought up the City's bond issue, stating that the City has maintained its
strong bond rating, and he noted that in Moody's it talks about "expansion of
Aviation Commerce Park North."
6
SET NEXT REGULAR MEETING FOR: After a brief discussion regarding conflicts
with the meeting time, it was decided to hold the next meeting on July 10, 2008 at 5:45
P.M., as originally planned. In addition, a special meeting will be held Friday, June 13,
2008, at 7: 30 A.M. At this meeting, it will be decided if the July 10th meeting needs to be
changed to a different time.
An audience member then asked about the flood situation for the Airport, noting that in
the 100-year flood plan the Airport is shown as being inundated with water. Tharp noted
that he spoke to the City today, and from what he was told, the changes to Willow Creek,
made after the flood in 93, should keep this from happening now. A brief discussion
ensued about what the flooding of 1993 caused in the Airport area, and what could
possibly happen with this flooding. The audience member noted what she had heard, and
she questioned if they should move their planes. Rettig asked if they have an easy way to
contact all of their tenants, in case they need to get information to them regarding the
flooding.
ADJOURN: Meeting adjourned at 8:50 P.M.
CHAIRPERSON
DATE
Airport Commission
ATTENDANCE RECORD
YEAR 2008
lMoPtina ilatvl
NAME TERM
EXP. 1/10 2/14 3/6 3/13 __ 4/10 4/28 5/8 5/22 6/9 7/10
Randy Hartwig 3/1/09 X X X X X X X X O/E
Greg Farris 3/1/13 X X X X X X X X X
John Staley 3/1/10 X X X X X X X O/E O/E
Howard Horan 3/1/14 X X --- X X X X X X
Janelle Rettig 3/1/12 X X X X X X X O/E X
KEY: X =Present
O =Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
g
4b 9
MINUTES FINAL
Iowa City Airport Commission
June 13, 2008
Iowa City City Hall/City Attorney's Conference Room - 7:30 AM
Members Present: Howard Horan, Randy Hartwig, Greg Farris, John Staley, Janelle
Rettig
Staff Present: Sue Dulek
DETERMINE QUORUM:
Chairperson Farris called the meeting to order at 7:30 A.M.
RECOMMENDATIONS TO COUNCIL: None
ITEMS FOR DISCUSSION/ACTION:
1. Runway 7/25
A. Rettig moved Resolution No. A08-19 approving supplemental agreement
No. 9 with Earth Tech for engineering services related to the runway 7-25 on the condition
that the fee for services not to exceed $127,200. Horan seconded the motion. Motion
passed 5-0.
B. Hartwig moved Resolution No. A08-20 accepting bids and awarding
contract for Rehabilitation of Runway 7-25 - Phase I to Metro Pavers, Inc.
Rettig seconded. Dulek explained the DBE reconsideration process and that
Ron Knoche had concluded that Metro Pavers had made good faith efforts
to meet the DBE goal. Farris told the Commission that the FAA did not
have the funds for the base bid and the alternate, but that the alternate would
get done in the next phase of the project. Motion passed 5-0
2. Flooding. Members discussed the rising flood waters. Farris and Rettig stated that
they would contact tenants in the north t-hangars and offer assistance with moving the
planes. Members agreed that the Barnstormers event needs to be canceled.
ADJOURN:
Meeting adjourned at 7:50 A.M.
CHAIRPERSON
DATE
1
Airport Commission
ATTENDANCE RECORD
YEAR 2007
lMPVtina llatPl
NAME TERM
EXP. 1/10 2/14 3/6 3/13 4/10 4/28 5/8 5/22 6/9 6/13
Randy Hartwig 3/1/09 X X X X X X X X O/E X
Greg Farris 3/1/13 X X X X X X X X X X
John Staley 3/1/10 X X X X X X X O/E O/E X
Howard Horan 3/1/14 X X --- X X X X X X X
Janelle Rettig 3/1/12 X X X X X X X O/E X X
KEY: X =Present
O =Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
Iowa City Airport Commission 4b 10
July 10, 2008
Page 1 of 9
MINUTES FINAL
Iowa City Airport Commission
July 10, 2008
Iowa City Airport Terminal - 5:45 PM
Members Present: Greg Farris, Janelle Rettig, Howard Horan, Randy Hartwig, John
Staley
Staff Present: Sue Dulek, Michael Tharp
Others Present: John Yeomans, David Hughes, Minnetta Gardinier, Phillip
Woolford, Jay Honeck, Jason Honea, Carl Richey
DETERMINE QUORUM:
Chairperson Farris called the meeting to order at 5:46 P.M.
RECOMMENDATIONS TO COUNCIL: Designate the entire airport to be non-
smoking
APPROVAL OF MINUTES FROM THE JUNE 9 AND JUNE 13, 2008
MEETINGS:
Rettig moved to accept the June 9, 2008 minutes, seconded by Horan. Carried 3-0
(Hartwig abstaining; Staley absent). Horan moved to accept the June 13, 2008
minutes, seconded by Hartwig. Carried 4-0 (Staley absent).
PUBLIC DISCUSSION: None
ITEMS FOR DISCUSSION/ACTION:
a. Aviation Commerce Park -Rettig made the motion to move this item to
follow after 4.d., seconded by Hartwig. Carried 4-0 (Staley absent).
b. Farmers National / Merschman Seeds -The right-of--way along Mormon Trek
extension, between the roadway and fence line, was discussed with Farris
noting that this area is the Airport's responsibility. Yeomans spoke to the
Commission about some bids he has for cleanup along Riverside Drive. He
stated that basically this would encompass cutting down the trees in this area,
spray them with a chemical treatment to keep them from growing back, and
Iowa City Airport Commission
July 10, 2008
Page 2 of 9
c
then they would "chip" the trees on site. They would also mow this area and
generally clean it up, from the National Guard down to Mormon Trek. This
would be a one-time thing, and it would then enable the Airport to do general
mowing for upkeep. This led to a brief discussion about the hay field. Rettig
spoke to her concerns about the overgrowth and the issue of drainage at the
Airport. She also spoke to whether or not the Airport should encourage more
hay growth in the surrounding fields. The Members noted that they need to
come up with an overall plan to keep the various areas under control.
Yeomans noted that Merschman Seeds will be having their big "dealer"
meeting next week, and they have been busy preparing the field area. Rettig
commented about the signs that have been installed on fences by Merschman
Seeds, stating that their lease does not allow this type of thing. She believes
they need a policy to address this issue. A brief discussion ensued on the
City's sign policy. Members will look into this issue and discuss it further.
Hertz -
i. Consider a Resolution Granting Extension of Termination Date -
Honeawith Hertz, spoke to the Members regarding this lease. He
noted that the issues that came up involved their having two leases
- one with the Airport and one with JetAir, and each stated they
had a different number of parking spaces -one stating 14 and the
other 7. He stated that they hammered this out, and came to the
conclusion that they need to have one lease. Another issue is that
Hertz, in doing some restructuring, combined their regions, which
created some problems along the way. The flooding also created
some major problems for Hertz, with local employees being hit
hard. Farris asked where they are at this point in time. Rettig
noted her discouragement that they have had no response from
Hertz since April, when the lease issue began. Woolford with Jet
Air then spoke to the Commission regarding the Hertz leases.
Rettig noted that the Jet Air lease was not valid. Woolford added
that the problems with the Hertz space need to be remedied -such
as the leaking roof. Tharp noted that he has been attempting to get
a roofing bid in order to fix the problems with the Hertz space.
Farris noted that they need to go back to the issue of whether or not
to grant an extension of this lease. Woolford stated that he would
like to move on with this, and that Honea has put together a
proposal for their review. Honea then addressed the Commission,
stating that he does have a proposal drawn up. He also stated that
with the transitions within Hertz, and the flood, these items
contributed to the delay in getting this done sooner. He added that
they would like to stay with the Airport and have no interest in
moving elsewhere. Rettig then addressed the growth issues being
seen with both Hertz and the Airport, and she briefly gave her
stance on this. Hartwig noted his concerns for parking, stating that
he is often seeing full lots as well. Members spoke briefly with
Honea regarding their concerns with a future lease.
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Iowa City Airport Commission
July 10, 2008
Page 3 of 9
Staley moved to amend Resolution #A08-22, Granting
Extension of Termination Date; seconded by Rettig. To state
the new payments would begin August 1, 2008. Carried 5-0.
Rettig moved to Consider Resolution #A08-22 as amended;
seconded by Hartwig. Carried 5-0.
d. Aviation Commerce Park -Rettig made the motion to move this item to
follow after 4.d., seconded by Hartwig. Carried 4-0 (Staley absent).
i. Update - (Staley arrived)
ii. FEMA Lease - Consider a Resolution Authorizing the Chairperson
to Sign aShort-Term Lease for the Storage of FEMA Trailers -
Farris stated that he and Tharp had been in contact with
representatives of FEMA for a potential storage site for temporary
housing relating to the floods. Tharp stated he had talked to Peggy
Slaughter regarding possible use of areas of the North Commerce
Park land, and related that she'd like the airport to attempt to
utilize Lot 1 as the primary site, but that any temporary lease for
the area would have negligible impacts on her efforts. Farris said
the communications had died down a bit and didn't feel that things
might transpire, but felt that this was important to have the ability
to act on a short term lease in case an arrangement was needed.
iii. Rettig moved to consider Resolution #A08-21 Authorizing the
Chairperson to sign ashort-term lease for the storage of
FEMA trailers, seconded by Hartwig. Carried 5-0.
e. Consider a Motion to Adjourn to Executive Session to discuss strategy with
Counsel in matters that are presently in litigation or where litigation is
imminent where its disclosure would be likely to prejudice or disadvantage
the position of the governmental body in that litigation. -Moved by Rettig,
seconded by Hartwig. Carried 5-0. (into Ex Session at 6:45 P.M., out at
7:07 P.M.)
f. FAA/IDOT Projects -Earth Tech -David Hughes
i. Runway 7/25 -This project is continuing, per Hughes; he added
that they have two to three weeks to install light fixtures and reset
the FAA equipment. Still to be completed, as well, is grading
along Dane Road. Reconstruction began this week. Hartwig asked
Hughes about the firm doing the lights, and if they area sub-
contractor. He asked Hughes if there were any problems with this
arrangement, and Hughes responded to how Metro, the main
contractor, handles these types of sub-contracting projects. Rettig
asked about the relocation of lines that Qwest needs to do. Hughes
continued, stating that with the reconstruction project they will be
tearing up the old pavement and reusing it as the base for the new
runway. Hartwig noted that this part of the project, the
reconstruction, started this week because they finally had the funds
for it. Hughes stated that they have been working with the FAA to
Iowa City Airport Commission
July 10, 2008
Page 4 of 9
get more funds for Iowa City, but that funds are quite limited this
year. He added that they have put together a grant application in
order to be in line for any additional funding.
ii. South Aviation Development Study -Hughes stated that he passed
out a final draft of this study, and that he also provided a copy of
the Willow Creek Drainage Study for Members' review. He asked
for Members' comments on the South Aviation Development
Study so that he can submit the final to the FAA. Tharp added that
they need to get this study up to City Hall and he asked how
Hughes would like to handle this. Rettig asked for a deadline, and
it was decided that Members need to get comments to Hughes by
next week.
iii. South Taxilane Rehab -Hughes stated they have been working
with the contractor on the drainage problems. He hopes to have
some draft plans drawn up by next week for the Commission to
review.
iv. North Taxilane Rehab -Hughes stated that they are required to
have bids prior to the end of August, and that a special
Commission meeting will be needed in order to move forward with
this. He will get back to Farris on a timeframe for this. Rettig
noted that she is gone for a week starting the 20th of July.
v. Jet A Fuel System / AvGas Upgrade -Hughes stated that they
have gone elsewhere for suppliers and are trying to see what other
recommendations there are for the flow problem. JetAir is also
going to look at reducing the length of hose currently being used.
vi. Terminal Apron Rehab -Hughes stated that the contractor has
completed his punch list and he is awaiting the contractor's final
paperwork. Hartwig stated that the new paint looks good.
vii. Obstruction Mitigation -Hughes stated that they have given the
notice to proceed with the hangar demolition. The contractor is
readying the area before they can begin. They will start with
removing windows and doing asbestos abatement. Hughes stated
that he is not sure what MidAmerican is waiting for and that so far
they haven't begun their relocation of utilities.
viii. Building H - University of Iowa Hangar Expansion -Hughes
stated that they received three bids on this project. He added that
the project came in about $129,000 over available funds. He stated
that he is recommending the Commission reject all bids and rebid
in the future. Members briefly discussed how the flood recovery is
affecting the number of available contractors for projects like this.
Members briefly discussed where to go from here, and stated that
they do believe this is an important project. Dulek noted that they
could put this project out for bids again at any time.
1. Consider a Resolution Accepting Bids and Awarding
Contract -Hartwig moved to reject Resolution #A08-23
4
Iowa City Airport Commission
July 10, 2008
Page 5 of 9
and reject all bids; seconded by Staley. Carried 5-0.
(Horan left)
Members discussed a letter from a tenant who was told he would
have to be out of his hangar for two weeks, as a result of the
construction project. However, he had to be out longer and he is
asking for a return in some of his rent. Rettig noted that no one
else has had this type of thing extended during periods of
construction and repairs. She wonders why this situation would be
any different, and why this tenant should be refunded. Tharp noted
that when the project started in this tenant's area there was
approximately two weeks left, but due to unforeseen problems that
were encountered, the project took longer to complete. He added
that other tenants have had this happen, as well; as other issues
came up once the projects progressed. Rettig questioned if they
should be refunding, and Tharp stated that he does not believe they
should reimburse tenants during regular construction periods.
Staley asked if the leases address this type of situation. It was
noted that the leases do not say a tenant will be reimbursed for
time out of their hangar. Tharp then responded to Members'
questions regarding this tenant's lease. Dulek suggested that Tharp
obtain further information for Members and those they revisit this
on next month's agenda.
ix. FY2009 State Grants -Tharp noted that the grants are in the
Aviation Department's proposal to the Transportation
Commission, and they meet on the 15`h. He added that this
resolution will allow Farris to sign these once everything is
received and will enable them to move along quickly. Rettig
voiced her concerns on what would happen if they are unable to
complete this project. Tharp responded to her concerns, stating
that the State will work with them to make sure they can move
forward with projects such as this. The discussion continued, with
Members voicing their concerns on the viability of projects such as
this new hangar. Rettig noted that they should have more
flexibility with this project due to there not being a specific
deadline.
1. Consider a Resolution Authorizing Chair to Accept State
Aviation Grants for Construction of New Hangar -Hartwig
moved to Consider Resolution #A08-24 Authorizing
Chair to Accept State Aviation Grants for Construction
of New Hangar; seconded by Rettig. Carried 4-0. Horan
absent.
g. Smokefree Air Act - Dulek stated that the Commission needs to decide if they
want to enact the Smokefree zone to go beyond the basic act. She added that
the City Council is planning to make some additional areas smokefree. Dulek
5
Iowa City Airport Commission
July 10, 2008
Page 6 of 9
h
noted that signs have not yet arrived for posting within the City. Members
continued to discuss the areas in question and how they want to handle this.
Dulek noted that "grounds" is the main issue for the Commission to decide on.
She suggested the Members take some time to think about how they want to
handle this and that they can revisit it again later. Farris asked if they could
review wording on this and revisit it at the next meeting. Several Members
noted that they would support a total ban at the Airport. Rettig moved that
the Iowa City Airport Commission recommends to the City Council that
the entire Airport property be designated as smokefree; seconded by
Farris. Carried 3-0. Horan and Staley absent.
T-Hanger Contracts/Rates/Fees - (Hartwig and Farris recused themselves due
to conflict of interest.) Farris noted that Tharp has information for the
Members to review. Tharp noted that he looked at other Airports to see what
they are charging for t-hanger rates. Rettig stated that she is opposed to
reviewing rates every three years, and that they should review them yearly in
order to keep up with inflationary rates. Staley asked if Tharp's comparisons
are comparable to the Airport's t-hangers. Tharp continued to respond to
Members' questions regarding rate increases. Staley asked what rates are at
the Galesburg Airport, and Woolford responded. Rettig noted her concerns
with rising prices, and tighter budgets, stating that they need to do everything
they can to generate income for the Airport. Tharp stated that he will put
together some information regarding this for the Members to review prior to
the next meeting. An audience member responded to Rettig's comments
about those who lease t-hangers at the Airport, and some of those who do not
fly very often.
Airport "Operations"; Strategic Plan-Implementation; Budget; Management -
Farris asked if there were any comments. Tharp noted that preliminary
numbers show the revenues are just shy of $400,000, and the expenses were
$325,700. Rettig asked about budget carryover and Tharp responded. The
Members continued to discuss the budget. Rettig then addressed the capitol
improvement projects on page 7, specifically fencing. She noted that she had
sent an email regarding this. She added that she requested a copy of the
resolution that allowed for Tharp to begin this project, and that she had not yet
seen that resolution. Tharp then responded to questions regarding the fencing
project. Rettig stated that she had asked that the fencing proj ect be delayed
until they knew if the City would be putting in a sidewalk in this area.
Members debated this issue back and forth, with Rettig stating that this area is
in the City's plans for a sidewalk that will be part of the City's trail system.
Rettig voiced her disapproval of the fencing project being started, and added
that for the record, she will support the City in doing whatever it takes to put a
sidewalk on the Airport's side of the road. She continued, stating that she
feels it is irresponsible of the Airport to have not supported this effort.
Farris then brought up the position that Tharp has at the Airport, and stated
that he would like to have either a subcommittee or a special meeting review
of Tharp's position and decide what changes need to be made, and whether
6
Iowa City Airport Commission
July 10, 2008
Page 7 of 9
they need to make this job exempt, etc. He added that they could briefly
discuss this this evening, but that he would like to gather some information for
further review. Farris suggested they try to set up a special meeting in a few
weeks in order to review this and make the necessary decisions. Rettig asked
why the emergency to meet on this when they won't be able to do anything
until the next budget session. Farris stated that due to some of the concerns
that Tharp brought to his attention, he felt there was a need to address this as
soon as possible. Staley added that he believes they should go ahead and
discuss this now, and then they will be ready for the next budget year. Rettig
noted again that due to budget constraints, they will not be able to do anything
to change the dollar amount related to this position, and she again questioned
the hurry to review this.
Rettig brought the discussion back to the improvement projects and the
budget, asking about the budget carryover. Tharp responded, explaining the
timeframes for the various projects. Tharp stated that he would like to take
$10,000 from the carryover to cover some of the roof and drywall repairs.
Farris noted that they have the engineer's agreement and will be putting
together some information for the RFP, and that once they receive
information, he believes they should set up a subcommittee to review this.
j. FBO Staff Report - Woolford noted that there is a new airplane based at the
Airport now - a 7-passenger jet. He invited Members to come take a look at
it. He responded to Members' questions regarding this aircraft, adding that it
belongs to a customer who does business in the area. He also spoke briefly to
the recent airplane crash at the Airport, noting that this accident occurred on
Airport property. He noted that those present handled the situation
accordingly, and the FAA was able to get in and start their investigation.
Hartwig asked the pilot's condition, and Honeck noted that the pilot is in
critical condition with burns. Rettig thanked everyone for their quick
response.
k. Subcommittees' Reports -Rettig spoke to the observation viewing area,
adding that she knows someone who has volunteered to help write grants, as a
non-paid consultant, to help find funds for this project. Farris added that they
are hoping to finalize things soon for the viewing area, and that he appreciates
all the help they can get.
1. Commission Members' Reports -Staley spoke about the flood event that
recently occurred, stating what the Hospital went through with staffing needs
as the various roads were closed off. He stated that they were able to work
out a shuttle service, and he spoke about the obstacles they had to overcome.
He stated that he spoke to JetAir and that Phillip responded immediately,
flying 20 some trips to get Hospital staff into the area. He thanked them for
their work during the flood. Hartwig noted that with I-380 closed there were
quite a few trips made between airports. Rettig spoke about the briefing that
she attended during the flood event, noting that she asked how they would get
patients from one side of town to the other, should the City close all bridges
between the east and west sides. She noted that she was tasked with looking
7
Iowa City Airport Commission
July 10, 2008
Page 8 of 9
m.
into this, and that she was able to get a helicopter set up for this, had it been
needed. She spoke to the alternate transportation issues that came up during
the recent flood. Farris thanked JetAir and Tharp for their extra work during
the flood. He spoke briefly to the recent accident, and thanked JetAir for their
help during this tragedy. He stated that he and Hartwig were able to take
several people up for an aerial view of the flooding.
Staff Report -None.
SET NEXT REGULAR MEETING FOR: August 14, 2008 at 5:45 P.M.
ADJOURN: Meeting adjourned at 9:08 P.M.
CHAIRPERSON
DATE
8
Iowa City Airport Commission
July 10, 2008
Page 9 of 9
Airport Commission
ATTENDANCE RECORD
YEAR 2008
[Meeting Dated
NAME TERM
EXP. 1/10 2/14 3/6 3/13 4/10 4/28 5/8 5/22 6/9 6/13 7/10 7/24
Randy Hartwig 3/1/09 X X X X X X X X O/E X X
Greg Farris 3/1/13 X X X X X X X X X X X
John Staley 3/1/10 X X X X X X X O/E O/E X X
Howard Horan 3/1/14 X X --- X X X X X X X X
Janelle Rettig 3/1/12 X X X X X X X O/E X X X
KEY: X =Present
O =Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
9
ua-uy-uo
4b 11
MINUTES FINAL
Iowa City Airport Commission
August 4, 2008
Iowa City Airport Terminal - 7:30 AM
Members Present: Howard Horan, Randy Hartwig (via speaker phone), Greg Farris
Members Absent: John Staley, Janelle Rettig
Staff Present: Sue Dulek
DETERMINE QUORUM:
Chairperson Farris called the meeting to order at 7:44 A.M.
RECOMMENDATIONS TO COUNCIL:
Hartwig moved Resolution No. A08-25 setting a public hearing on August 14, 2008 for the
plans, specifications, form of contract, and estimate on cost for the construction of 2008
pavement rehabilitation project. Horan seconded the motion. Motion passed 3-0 (Staley
and Rettig absent) on a roll call vote.
ADJOURN:
Meeting adjourned at 7:45 A.M.
CHAIRPERSON
DATE
1
Iowa City Airport Commission
July 10, 2008
Page 2 of 2
Airport Commission
ATTENDANCE RECORD
YEAR 2008
(Meeting Datel
NAME TERM
EXP. 1/10 2/14 3/6 3/13 4/10 4/28 5/8 5/22 6/9 6/13 7/10 8/4
Randy Hartwig 3/1/09 X X X X X X X X O/E X X X
Greg Farris 3/1/13 X X X X X X X X X X X X
John Staley 3/1/10 X X X X X X X O/E O/E X X O/E
Howard Horan 3/1/14 X X --- X X X X X X X X X
Janelle Rettig 3/1/12 X X X X X X X O/E X X X O/E
KEY: X =Present
O =Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
2