HomeMy WebLinkAbout1997-03-18 Bd Comm minutesMINUTES
BOARD OF ADJUSTMENT
WEDNESDAY, FEBRUARY 12, 1997- 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
PRELIMINARY!
Subject to Approval
Susan Bender, Lowell Brandt, Kate Corcoran, Patricia Eckhardt,
William Haigh
MEMBERS ABSENT: None
STAFF PRESENT:
Melody Rockwell, Sarah Holecek, Anne Schulte
OTHERS PRESENT:
Paul Anderson, Chris Arch, Paul Bethke, George Murphy, Mark
McCallum
CALL TO ORDER:
Chairperson Eckhardt called the meeting to order at 4:33 p.m. Eckhardt introduced Kate
Corcoran as the new member of the Board of Adjustment and Anne Schulte as a new minute
taker. Eckhardt described the procedure for a Board of Adjustment meeting for people attend-
ing the headrig.
ROLL CALL:
All members were present for roll call.
ELECTION OF CHAIR AND VICE-CHAIR:
Eckhardt said that a Chair and Vice-chair of the Board are to be elected at the first meeting of
each year.
MOTION: Haigh moved to re-elect Patricia Eckhardt as the Chair for another year. Brandt
seconded the motion. The motion I~assed 5-0.
MOTION: Corcoran moved to re-elect William Haigh as the Vice-chair for another year.
Bender seconded the motion. The motion I~assed 5-0.
CONSIDER THE DECEMBER 11, 1996 BOARD MINUTES:
MOTION: Haigh moved to approve the minutes of the December 11, 1996 meeting of the
Board of Adjustment. Corcoran seconded the motion. The motion passed 5-0.
SPECIAL EXCEPTION ITEMS:
1. EXC96-0021. Public hearing on a request submitted by Victor and Donna Zender for
an extension of a September 11, 1996, Board of Adjustment decision to permit a beauty parlor
on property located in the CO-1 zone at 2 Rocky Shore Drive.
Rockwell reported that on September 11, 1996, the Board of Adjustment approved a special
exception to allow a six-chair beauty parlor to be established at 2 Rocky Shore Drive. She
stated that it was subsequently discovered that the site had become contaminated, which has
delayed establishment of the beauty parlor. Therefore, the 7_.enders are requesting an exten-
sion of the Board's September 11 decision.
Board of Adjustment
February 12, 1997
Page 2
Rockwell stated that local circumstances and code requirements have not changed in any
appreciable way to alter the Board's findings and that staff views the request as reasonable.
She said staff recommends that the expiration date for EXC96-0021 be extended for six months
to September 30, 1997.
Public hearing:
There was no public discussion.
Public hearing closed.
MOTION: Haigh moved to extend the expiration date to September 30~ 1997 for EXC96-
0021, a special exception approved by the Board of Adjustment on September 11, 1996,
to permit a six.chair beauty parlor to be located in the CO-1 zone at 2 Rocky Shore Drive.
Brandt seconded the motion.
Haigh stated that there have been no changes in the circumstances of the case to prevent
approval of an extension. Eckhardt agreed with Haigh that the issue was straightforward.
Bender said that it was, particularly since the Board looked extensively at this parcel on two
different occasions. Bender said the fact that the ground was contaminated was in no way the
applicants' fault, but something they were required to deal with. She said she thought it would
be prudent for the Board to grant the extension.
The motion was approved on a vote of 5°0.
2. EXC97-0001. Public headng on an application submitted by Frantz Construction Co.
for a special exception to permit a religious institution to be established on a 5.2 acre property
located in the RS-5 zone south of Lakeside Drive/Gable Street.
Rockwell showed two site plans. She pointed out the plan that had been submitted earlier
showed less buffering space between the parking area and the neighboring residential proper-
ties. She said it also showed an area to be landbanked for future parking. Rockwell said staff
had asked that the plan be revised and that the amount of parking be kept at a minimal level.
She added that the 20 foot buffedng between the parking and residential areas as requested
by staff was provided on the new site plan. She said the basic issue in contention is the
applicant would like 126 parking spaces and staff is recommending a maximum of 64 spaces.
Rockwell said there is a purchase offer pending on this 5.2 acre parcel of land and that it is
contingent on allowing a church use to be established on the site at some point in the future.
Rockwell said Frantz Construction Co., the property owner, is requesting a special exception
to permit a religious institution to be established on the property. She added that a religious
institution may be established in the RS-5 zone when the additional regulations of Article L are
met.
Rockwell said these regulations involve access requirements and a minimum lot area and
setback requirements. With regard to access requirements, Rockwell said the applicant has
applied to the City to vacate Gable Street south of Lakeside Drive. The applicant intends to
purchase the Gable Street right-of-way once it is vacated and add it to the proposed church
site. Rockwell said Gable Street would then become private property with frontage and access
Board of Adjustment
February 12, 1997
Page 3
on Lakeside Drive, a collector street, and the access requirement for a religious institution in
the RS-5 zone would be met. Rockwell said the property is 5.2 acres in size so the minimum
lot area requirement of 40,000 square feet is met. She added that there is also ample room
on the site to comply with setback requirements of two feet of horizontal feet for every foot of
building height for this religious structure.
Rockwell stated there are currently no religious institutions in this area of Iowa City south of
Highway 6. She remarked that the addition of a church at the proposed location would help
provide a positive use within a residential neighborhood in a setting with generous setbacks of
landscaped green space. Rockwell stated that traffic generated by the religious institution would
occur primarily at times of low traffic flows in the area. She pointed out that the amount of
parking shown on the site is more than double what the City requires to serve a church with
a sanctuary that will accommodate 350 people.
Rockwell said the applicant has requested that the Board decision not expire for a period of five
years. She said because there are no specific building or site plans for the church at this time,
staff is concerned that a special exception approval not be construed as carte blanche approval
for a church of any size on this property. Rockwell suggested that the special exception
approval be subject to site plan review and approval by the Director of Planning and Communi-
ty Development, and that this should also include a review of the building elevations and the
lighting for that area.
To avoid unnecessarily large paved areas within a single-family residential neighborhood,
Rockwell said staff further suggests a maximum of 64 parking spaces. She said if the religious
institution determines that a larger parking lot is needed in the future, staff feels it should apply
to the Board of Adjustment for a special exception at that time. Rockwell said the Board could
then determine if the traffic in the area has changed and if an increased use of the property can
be accommodated within this low density residential neighborhood. She added that some on-
street parking on Lakeside Drive may occur in the short-term.
Rockwell said staff recommends that EXC97-0001, a special exception to permit a religious
institution to be established on a 5.2 acre property located in the RS-5 zone south of Lakeside
Drive/Gable Street be approved subject to: 1) the vacation of Gable Street south of Lakeside
Drive and its conveyance by the City to the applicant or a subsequent owner of the subject
property; 2) prior to issuance of a building permit for the religious institution, the review and
approval of a site plan by the Director of Planning and Community Development to assure a
general conformance with the site layout, building orientation, size, and screening/landscaping
as shown on the site plan date-stamped February 3, 1997; 3) City staff review and approval
of the building elevations and the design and location of parking area lighting; 4) a maximum
of 64 parking spaces being permitted on the site for the requested religious institution use and
5) setting the expiration date for the Board decision for this item for five years from the date of
approval, which would be February 12, 2002.
Brandt asked Rockwell if the primary concern about the parking lot was the traffic issue. She
stated that it involved concern about potential, future traffic, in that it is an unknown quantity
at this point. She said staff also felt it was important to limit the amount of paved area in a
residential neighborhood.
Eckhardt asked Rockwell why the term for the expiration date is five years. Rockwell said that
this is the number of years that the applicant felt would be needed for raising funds for the
Board of Adjustment
February 12, 1997
Page 4
church building and site improvements. Eckhardt asked if approval would mean that the
applicant must complete the project in five years. Rockwell said that it did, unless the applicant
asks foran extension and the Board grants it prior to February 12, 2002.
Brandt asked if there were any building designs available other than the applicant's intent to
have a sanctuary to hold 350 people. Rockwell said there were not, at this point.
Corcoran asked if the main entrance for Grant Wood School was right across the street from
Gable Street and Rockwell confirmed this.
Eckhardt asked if it were likely that the City would vacate Gable Street. Rockwell said that it
is likely and that the subdivision to the west of this property has been designed so that there
will be an access to the south from that subdivision.
Haigh asked if the standard for religious institutions were six people per parking space.
Rockwell said that is the standard the City has in its Zoning Chapter. It is based on the
occupant load for the largest room in the building divided by six. Rockwell said this is the
standard for religious institutions. She noted there are similar standards for auditoriums and
other large meeting places.
Haigh asked about the area on the map that was never subdivided. Rockwell said if a regional
storm water management facility is not approved by the City Council for this area, the land to
the south of the church must be reserved for on-site storm water management. She said if the
City moves forward with the regional storm water management facility, it will be located much
farther to the south and the land reserved for storm water management on this site will be
available for development.
Corcoran asked if there were currently homes on Lots 242, 243, 244, and 245. Rockwell said
that there are homes there now that face Lakeside Ddve.
Public Hearing:
Paul Anderson, MMS Consultants, said he is representing the applicant, Frantz Construction,
Co. He stated that the proposed religious institution is part of a subdivision of the Mount
Prospect area. Anderson stated that an individual would like to buy the property and donate
it to his church. He said Frantz Construction Co. and City staff are in agreement on all issues,
except for the amount of parking that should be allowed.
Anderson said the applicant was sensitive to the neighbors' interests and has worked with staff
on buffers and similar amenities. Anderson personally felt'that one parking space for every six
people in the facility's largest room would be quite inadequate. Anderson said the parking
requirement indicates that one space for every six people is the minimum and that there is no
maximum. Anderson stated that parking availability should be in the range of about one space
for every two seats in the sanctuary. He said he has tried to maximize parking without being
obstructive to the neighborhood and that the requested 126 spaces would allow one space for
every 2.8 seats in the sanctuary.
Anderson said there is a need for the church to have more parking on-site than recommended
by staff, because of its large service area. He believed that it would be less obtrusive to the
neighborhood for people to park on-site than for them to be parking off-site and walking through
Board of Adjustment
February 12, 1997
Page 5
the neighborhood. Eckhardt asked if any parking need surveys had been done of any subur-
ban churches in Iowa City. Anderson said that no surveys had been done.
Brandt stated that the staff recommendation was for a maximum of 64 spaces, but when the
church had specific plans, another special exception could be applied for at that time. Ander-
son replied that Frantz Construction Co. is committed to obtaining a special exception that
indicates that this land is usable for a church facility, and the church may say with only 64
parking spaces, it is not usable for their purposes.
Chris Arch, 3323 Shamrock Street, stated that he is the pastor of the church that would like to
build a facility on the property. He said that the church has been in existence for over 20 years
and has met at the 4-H building most of that time. There is an established congregation in the
community. Arch said the Sunday morning attendance is about 100 people.
Arch said he would like to address the parking issue. He referred to a book written by Cad F.
George, a church growth expert. Arch said his church is planning for future growth and that
George Bamha, a research analyst, says that the average car brings two people to church.
Arch said even at this point for his congregation, he would expect 45 vehicles or more coming
to church. He said he would therefore like to have the parking issue re-evaluated and added
that members of his congregation come from many different areas of Iowa City and the
surrounding region.
Arch cited the book by George entitled "How to Break the Two Hundred Barrier," which says
that the most crucial capacity determiner stems from the parking capacity and that growing
churches lack of on-site parking often creates tension for both members and visitors. Arch said
the author states that if a church is sedous about growth, it will demonstrate a commitment by
making an adequate amount of parking available and maximizing the use of its physical plant.
Arch said with a church built to accommodate 250 - 350 people, the statistics show at least
125, if not 175 parking spaces will be needed. He stated that the church would not want to
become a nuisance in the neighborhood by having care lined up and down the street.
Brandt said one of the issues adsing from the parking debate is that the property is located in
a residential neighborhood and the amount of green space paved over with asphalt to hold cars
has an impact on the feel, the look, etc. of the neighborhood. He added that he understood
Arch's concerns about the ability to grow, but the fact that it is a residential neighborhood holds
some aspects that also cause him some concern with regard to the size, scope, and scale of
the project.
Eckhardt suggested that the school parking lot across the street could be used for parking, as
it is not otherwise being used on Sundays or evenings. Arch asked if special permits would
be required for parking there. Eckhardt said she did not know. Holecek stated that at the time
the church begins construction, Arch would have a better idea of the size of the congregation
and could approach the Board again to expand the amount of parking.
Paul Bethke, 12 Amber Lane, had questions about the project. He asked about the date for
construction of the trail system. Holecek said she did not know the date. She pointed out the
easement for the trail system on the map, on Lot 245 and on the eastern edge of the church
property, and said that it would be hard-surfaced. Bethke asked who would be responsible for
the completed trail and Holecek responded that it would be the City's responsibility.
Board of Adjustment
February 12, 1997
Page 6
Bethke asked the applicant about the date for beginning construction on the church. Arch said
that he had absolutely no plans for it so far. Bethke asked about the design for the building.
Anderson talked about the design for the classrooms, sanctuary, fellowship hall, and offices,
but said the design is still fairly tentative. He said the plan is for it to be a multi-functional
church. 'Arch added if the church decided to build something significantly different, they were
aware it would be subject to review.
Bethke said he would not be opposed to the church being constructed. He said he does have
some concerns about the parking, but that it would effect him much less than it will the people
living on Lakeside and eventually on Stanwyck. Bethke said except for some interest in the
height that th~ church eventually ends up being, he has no concerns about the church at all
and was more concerned with the trail system.
Georc~e Murphy, 22 Amber Lane, asked if the bike trail is a done deal. He said he was never
informed about a bike trail being installed behind his property. Holecek said it has'been
planned for the area, but it is not a foregone conclusion. Murphy asked if there would be
meetings to discuss a potential trail system and Holecek responded that she assumed there
would be, but she did not have information regarding those meetings.
Murphy asked what religious sect the church would be. Arch responded that it would be a
Christian denomination.
Public hearing closed.
MOTION: Corcoran moved to approve EXC97-0001, a special exception to permit a reli-
gious institution for a 5.2 acre property located in the RS-5 Zone south of Lakeside
Drive/Gable Street, subject to 1) the vacation of Gable Street south of Lakeside Drive and
its conveyance by the City to the applicant or a subsequent owner of the subject proper-
ty, 2) prior to issuance of a building permit for the religious institution, the review and
approval of a site plan by the Director of Planning and Community Development to
assure general conformance with the site layout, building orientation and size, and
screening/landscaping, as shown on the site plan date-stamped February 3, 1997, 3) City
staff review and approval of the building elevations and the design and location of
parking area lighting, 4) a maximum of 64 parking spaces being permitted on the site for
the requested religious institution use, and 5) setting the expiration date for the Board
decision for this item for February 12, 2002, five years from the date of approval. Haigh
seconded the motion.
Brandt said on the surface, he certainly did not have any objection or problem with the location
of a religious institution on the site. He said it is somewhat difficult, because normally there is
a better sense of the intended structures or buildings so that the Board can deal with issues
of scale and appearance, and their impact on the neighborhood. Brandt said in this case, the
Board is operating in a bit of a void. He said he did understand the circumstances for that and
that one has to try to grab the opportunities one gets when they come along. Brandt said
however, he has some real concern about going beyond what would be the normal expecta-
tions of the Zoning Chapter requirements until the Board knows more specifically what the
nature of the building and the use of the site will be. He said he is suggesting that the motion
as read is what he is more inclined to support at this point.
Board of Adjustment
February 12, 1997
Page 7
Haigh said he agrees with Brandt. He said this is a little different than what the Board usually
deals with. He said he would feel better if he saw specific plans for a structure there and knew
exactly what the Board was deciding on. Haigh said although he understands the circumstanc-
es, he felt the conditions of approval were needed.
Haigh said he also would have trouble allowing more than double the number of parking
spaces that are required. He felt sure the applicant realizes that if the number of spaces is not
adequate, he always has the opportunity to come back before the Board, which will review the
circumstances again. Haigh said having a religious institution in this location will help develop
this land more appropriately than it probably would if it were used only for single homes.
Corcoran said she agrees with the other Board members. She said it will be a positive use for
the land. She said it seems that the recommendation of the staff has provided for the uncertain-
ties faced by the Board dght now.
Bender said she concurs. She stated that she understood that this application is a little atypical
of what the Board would normally see, that is, not knowing whether this is the site plan that will
be followed. She said the staff has taken action by making this such a detailed recommenda-
tion and that the Board has done the same with its motion; making it so the final site layout and
building design will be subject to staff review. Bender stated that she felt very comfortable with
that.
Bender said the Board has to be very careful when permitting institutional uses in a residential
neighborhood. She said the Board has tded very hard in the past when faced with other situa-
tions involving religious institutions to preserve the integrity of the neighborhood and guard
against overpaving. She said she felt strongly about that. Bender added that she thought the
Chairperson had an excellent suggestion in that the Grant Wood Elementary School site should
be explored as an option for parking since the school is not in session on Sundays. She said
that the school option should be explored and it has been her experience that the school district
is pretty good about granting that kind of use.
Bender stated that she feels 64 spaces at this point are adequate for the size of the congrega-
tion. She said the Board has left the door open for the applicant to return to the Board and seek
a modification if it finds that this amount of parking is inadequate. She added that because of
the neighborhood, the Board has to stick to that plan.
Eckhardt said she agrees with her colleagues for two rsasons. One reason is that the request
is premature; the applicant is asking the Board to approve something that is still a dream,
although it may be an appropriate one. She said because it is premature, it is inappropriate
for the Board to go ahead and okay the larger number of parking spaces.
Eckhardt said the other issue is the actual parking. She said in most cases, parking problems
have to do with the amount of space for parking or the required setback or enough square
footage. Eckhardt said in this case, the applicant has ample space for parking and that it
should not be a problem to expand parking in the future. Therefore, Eckhardt said it is not
unreasonable at this point, considering the applicant's preliminary thinking about developing
the facility, to go with the standard, by-the-book number. She said it should not be considered
any kind of rebuke or insult for the Board to go with the standard. She said that she woul~ vote
in favor of the motion.
Board of Adjustment
February 12, 1997
Page 8
The motion was approved on a vote of 5-0.
3. EXC97-0002. Public hearing on an application submitted by Mark McCallum for a
special exception to permit a bed and breakfast inn to be established for property located in
the RS-5 zone at 430 Brown Street.
Rockwell said McCallurn, owner and operator of the Brown Street Inn, is requesting a special
exception to allow him to expand his bed and breakfast operation from three bedrooms to five
bedrooms. She stated that a bed and breakfast inn, which permits up to five bedrooms, is
allowed in the RS-5/OHP Zone only through the granting of a special exception.
Rockwell said the applicant has passed a City inspection for his bed and breakfast operation.
She added that all the requirements have been met for a bed and breakfast inn except for
having paved parking in conformance with the off-street parking regulations. Rockwell stated
that instead of completely paving the informal gravel parking on the north portion of the lot, the
applicant proposes to remove most of the gravel at the rear of the lot, create a planted green
space in that area, convert the garage into a storage shed, and install a parking area closer to
the residence. She added that this is being done to make the parking more accessible, to
provide more green space on the north portion of the lot, and to help preserve the mature pine
trees that are within the gravel parking area.
Rockwell stated that the applicant's conversion of the large, older home at 430 Brown Street
has added value in terms of extensive renovations, upgraded maintenance, and increased
income potential. She said these factors enhance a historic property in a historic district and
increase the assessed value of the property with additional taxes accruing to the City.
Rockwell said the required parking can be accommodated on the site so there are no spillover
problems for neighboring property owners. She added that the installation of a parking area
does not require a permit or review by the Historic Preservation Commission, but staff does
suggest, and the applicant agrees, to minimize the paving for the required parking. Rockwell
said staff proposes to provide two parking spaces for the residence on the gravel ddve in front
of the garage; these would be continuing non-conforming spaces for the residential use.
Rockwell said staff also proposes three parking spaces for the bed and breakfast inn near the
residence on a smaller, paved area. Eckhardt asked for clarification on the map. Rockwell
showed the five proposed spaces.
Rockwell stated that staff therefore recommends EXC97-0002, a special exception to permit
a bed and breakfast inn to be established in the RS-5 zone at 430 Brown Street, subject to
urban planning staff approval of a parking plan which provides a minimum of five off-street
parking spaces in compliance with the City's parking regulations, and is in general dimensional
conformance with the parking area plan shown on Attachment 4 and dated February 6, 1997,
be approved.
Brandt said he knows the applicant and discussed procedural issues with him in a phone call
last month. Holecek asked him if he was predisposed by the discussion to vote one way or
another. Brandt said that he was not predisposed. He had not discussed whether or not he
would support or oppose the application, and had repeatedly requested that the applicant
contact staff to discuss Board procedures.
Board of Adjustment
February 12, 1997
Page 9
Bender asked Rockwell if any calls or letters had been received by staff other than those
presented in the packet. Rockwell said there were no other calls or letters.
Public hearing:
Mark McCallurn, 430 Brown Street, stated that although there is a lot of space in his rear yard,
he has spent a lot of time with staff trying to reconfigure his parking options because of a
hillside there. He said his goal is to satisfy City requirements while maintaining a park-like
atmosphere around the inn and keeping as much green space as possible. McCallum stated
that Van Buren Street does not have the same parking problems that might be encountered
two blocks to the west, for example, on Linn Street. He said he is willing to do whatever the
City requests to comply with parking requirements.
Public hearing closed.
MOTION: Brandt moved to approve EXC97-0002, a special exception to permit a bed and
breakfast inn be established in the RS-5 Zone at 430 Brown Street, subject to urban
planning staff approval of a parking plan which provides a minimum of five off-street
parking spaces in compliance with parking regulations, and which is in general dimen-
sional conformance with the parking area plan shown on Attachment 4 and date-
stamped February 6, 1997. Bender seconded the motion.
Corcoran asked the applicant if he is enlarging his home. McCallum said he is not, but noted
that it is a very large home that he has been gradually renovating.
Brandt said this is a histodc distdct and dealing with parking issues .for entities in histodc
districts are always somewhat difficult. He added that the lay of the land on this particular
property and the fact that it takes parking off the primary street in the district, which is Brown,
is an advantage to the property. Brandt stated that it sounded as though staff and the applicant
had done a good job of working at a way of accommodating the required parking and still
retaining green space and trees and things to keep that look in the neighborhood. He said a
good work product had resulted. Brandt added that the testimony in the packet also shows that
the applicant has worked hard at blending in with the neighborhood and being a contributor to
the neighborhood and having a business contribute.
Corooran said she found it very persuasive that 24 of the neighbors favor the project. She said
it sounded as though the applicant is working very hard with the City and wants to retain the
special character of the area, because that is really what makes his facility special.
Haigh said as far as satisfying the requirements for the zoning, everything has been satisfied
so there is no reason not to approve the application.
Bender stated that she concurred with what had been said. She said the inn is obviously a
good neighbor and the neighbors are using the inn both personally and for meetings. Bender
said certainly the home is in much better shape and is of much better value than it was years
ago.
Bender said the inn has enhanced the neighborhood and will continue~ to. She stated that she
liked the fact that there has been so much cooperation between the applicant and the City staff
and that she could see no reason not to approve it since there must be some type of parking
Board of Adjustment
February 12, 1997
Page 10
there to alleviate the parking on the main street and to alleviate any problems that neighbors
might perceive. Bender said this looks like a good compromise and she liked the idea of
retaining green space for the sake of the neighborhood as well as the inn. She said she would
vote to approve the application.
Eckhardt stated that she agrees with the other members and said that a five-unit bed and
breakfast is not in any way excessive if all of the conditions are met.
The motion was approved on a vote of 5-0.
BOARD OF ADJUSTMENT INFORMATION:
1. Report on January 31 Conference. Eckhardt stated that three Board members and
some staff members attended an informative and dynamic conference on January 31. She said
she wanted to schedule a brief session to discuss some items from the conference.
Eckhardt said one of the items in question was that, according to the speaker, Robert Freilich,
staff is never supposed to let the Board know if they are or are not in favor of an item. She
stated that one other item discussed was that the Board members are not supposed to make
a site visit. Eckhardt asked for opinions regarding these two strategies.
Bender asked for the reasoning behind not viewing a property. Haigh stated that the idea was
that if you went to view a property you' might see something that some other members did not
get to see. Brandt said depending on weather, traffic, and other factors, members would have
different perceptions, due to differing factors at the time they visited a site.
Eckhardt suggested that the speaker was somewhat fanatical about this issue. Holecek said
the Board should weigh the difference from the benefit dedved from having personal knowl-
edge of the site against the possibility of a negative impact as in the hypothetical posed.
Brandt said one alternative proposed, besides having a meeting on-site, would be for City staff
to videotape the site so the Board would all have the same view. Eckhardt stated that the staff
person could also have the same negative perception and that the videotape proposal could
be expensive. She added that it might be an advantage for the Board members to visit the site
at different times.
Haigh stated that, regarding tonight's applications, this was the first time he did not visit the
sites. He stated he felt at a loss, because he had not seen the sites and felt as though he did
not have enough information. P, ockwell said she did not think there was any substitute for
seeing the site firsthand. Bender said even with a videotape, sometimes the things that the
Board needs to consider are things that surround the site. She said she felt more comfortable
with personal knowledge of the site and wanted to see the whole area. Brandt said he also
disagrees with the speaker regarding site visits. Eckhardt said members seemed in concur-
rence that a site visit is a valuable tool.
Brandt stated that regarding staff recommendations, Freilich suggested that the applicants or
others may feel that the decision is already a done deal and that the perception may be
enhanced by hearing the staff recommendation prior to the public hearing. Freilich suggested
that applicants may then be discouraged from appearing to argue their case. Holecek said that
people, who have an interest in any application, are given copies of the staff report in advance
and therefore know what the staff recommendation will be. She added that they therefore know
Board of Adjustment
February 12, 1997
Page 11
whether they should recruit their neighbors to help make their case and that the knowledge
may also help them in making' their points.
Eckhardt said the narratives in the reports are very clear without staff having to say whether
they approve or not. Eckhardt said she places weight on the staffs report, because they have
researched the matter in more depth. She wondered if that prejudiced her. Holecek said that
a case in point would be the Schabillion case where staff recommended denial and the Board
found a basis to overlook the recommendation.
Bender asked if the suggestion was to have the public hearing before the staff report. Rockwell
said the proposal was for staff to give a report outlining facts, but to omit a recommendation.
Rockwell said staff could state in the report that certain conditions were recommended if the
Board decided to approve the application. Corcoran said she thought the staff's recommenda-
tion is important, because they are full-time planners. She said she would defer to the exper-
tise of staff, because they look at all the technicalities of law, etc.
Brandt stated that the Board is fortunate to worl~ with a staff that does a good job of not trying
to impose its will on Board members. He said he could see circumstances in which it would be
easy for a citizen board to totally defer the decision to City staff and that this scenario was the
concern that Freilich had. Eckhardt said the Board is supposed to be giving an impartial
judgment. Corcoran stated that she sees no evidence that the Board is not impartial and sees
the Board as looking carefully at what comes before it.
Brandt said he is comfortable with the way staff does reports now with recommendations.
Bender agreed that she would not like to see the system changed. She said she had won-
dered in the past if people felt the Board was going to rubber-stamp the report by staff. Bender
added that she feeis the Board does a good job of asking questions, stating opinions and
findings of facts, and looking at the standards and how they apply. She stated that as long as
the Board continued to be diligent about doing these things, she did not think that anyone could
find fault with the Board.
Eckhardt said the staff is entitled to their opinions and that new members should be told that
staff is giving its opinions and that the members still have to make their own decisions. Bender
said that Rockwell told her when she was oriented to the Board, that members must make their
own conclusions. Corcoran concurred that Rockwell had advised her in the same way dudng
her orientation.
Holecek asked Rockwell if an applicant had ever expressed the opinion that the Board would
be predisposed to vote by reading the staff persoWs report. Rockwell responded that she could
not recall it ever happening.
Brandt suggested that the Board would end up asking for a recommendation after a staff report
anyway. Corcoran said the recommendation information would be valuable to an applicant to
give him information to make his case. Rockwell said staff usually determines its recommenda-
tion about ten days to two weeks prior to the Board meeting. The applicant is called with
information about the recommendation, and is told that the Board does not always agree with
staff.
Board of Adjustment
February 12, 1997
Page 12
Eckhardt said there seems to be a consensus on each item, the first one being that Board
members want to make site visits, and the second one that members want to continue to
receive recommendations from staff.
Haigh said that he had been approached by an applicant about an item on the agenda for the
March meeting. He asked if applicants were advised by staff not to approach Board members.
Rockwell stated that she is not always able to talk with each applicant prior to their submitting
an application, but that they should be advised that the Board is a quasi-judicial Board and that
a Board member cannot discuss the issue outside of the public hearing. Haigh said that is how
he responded to this person's approach.
2. Schedule Board Development Session. Eckhardt said she did not feel that a Board
development session was needed after tonight's discussion. Rockwell said if one were needed
in the future, it could be scheduled in conjunction with a regular meeting. Bender said that she
would prefer to have it at the end of regular meetings.
ADJOURNMENT:
MOTION: Brandt moved to adjoum the meeting and Haigh seconded. The motion carded
unanimously. The meeting ended at 6:02 p.m.
Patdcia Eckhardt, Board Chairperson
ell, Board Secretary
Minutes submitted by Anne Schulte
ppdad min~lJnsV~oa2.12.rain
SIGN IN SHEET
IOWA CITY BOARD OF ADJUSTMENT MEETING
WEDNESDAY, FEBRUARY 12, 1997- 4.'30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
Name
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Address
MINUTES
BROADBAND TELECOMMUNICATIONS COMMISSION
MONDAY, JANUARY 27, 1997 - 5:30 P.M.
CIVIC CENTER LOBBY CONFERENCE ROOM
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
Cordell Jeppsen, Betty McKray, Steve Hoch, Howie Vernon, and
Eric Rothenbuhler
None
Shaffer, Brau, Hardy, Helling, Dilkes
Deane McKray, Beth Fisher, Rene Paine, Mary Jo Langhorne
RECOMMENDATIONS TO THE CITY COUNCIL
The Commission approved a motion to direct Jeppsen to write a memo to the City Council
stating the Commission has reviewed the Cable TV Office budget and urges its approval.
SUMMARY OF DISCUSSION
Paine reported a new pre-production workshop has been created. It is anticipated this will be
of benefit to groups who want to produce programs, but would be relying on volunteers for
a production crew. Shaffer reported TCI has broken out AMC, USA, and the Disney Channel
into a separate tier. The new "Variety Package" tier costs $2.53. Expanded basic has been
reduced by $2.53. Subscribers will continue to receive the three channels unless they request
that they be dropped. Langhorne reported the schools have formed a video committee to
promote student productions and develop programming for the educational access channel.
The schools wish to add a local origination point in their new media center. The cost will be
about $4,000. The schools have offered to split the cost with TCI. The Commission decided
a community programming advisory committee should be formed to give guidance and input
into the community programming effort. The Commission directed Jeppsen to write a memo
to the City Council informing them that the Commission has reviewed the Cable TV Office
budget and urge its approval. Shaffer presented a rough outline of additional operational costs
the Cable TV Division and PATV would incur if they moved into a joint facility. The
Commission discussed expanding the scope of their duties to offer advice to the Council on
telecommunications issues and asked Shaffer to write a memo to them concerning the issues
involved.
APPROVAL OF MINUTES
It was moved by McKray, seconded by Hoch to approve the December 2, 1996 minutes.
McKray, Hoch, Rothenbuhler, and Jeppsen voted yes. Vernon was absent.
ANNOUNCEMENTS OF COMMISSIONERS
None.
SHORT PUBLIC ANNOUNCEMENTS
None.
Broadband Telecommunications Commission
January 27, 1997
Page 2
LEGAL REPORT
Dilkes reported she is continuing work on the telecommunications ordinance. The ordinance
is expected to be ready for discussion around mid-April.
PATV REPORT
Paine reported PATV has hired Sandy Dyas as the new workshop instructor and Kristen
Baumlier as a production specialist. A new Board member will be appointed at the next
meeting to replace Trey Stevens who has moved. Three people have submitted applications.
Staff-assisted series proposals will be received until Friday, Jan. 31. A new pre-production
workshop has been created. This idea came out of the producer meetings. The workshop
will be designed to benefit organizations who would like to produce a program but need to
utilize a volunteer production crew. The pre-production workshop will enable nonprofit
organizations and volunteers to meet and discuss their projects. The first pre-production
workshop will be held Sunday, Feb. 9 from 1-4. PATV will pay the entry fees for any
producer who would like to enter the Hometown Video Festival, a national video contest for
local access television. A fund raising event will be held at some point in the future to recover
the costs.
TCI REPORT
Shaffer reported that Bill Blough had several items he wished to forward to the Commission.
Cable service is now available in city block 81. An automatic payment program has been
initiated. After the system upgrade Comedy Central will return to the channel line-up. A new
tier called the "Variety Package" consisting of AMC, USA and the Disney Channel will be
offered for $2.53. The expanded basic tier will be reduced by 92.53. Expanded basic
subscribers will continue to receive the Variety Package tier unless they request otherwise.
Hoch said the Encore Plus channel on expanded basic plays the same programming as on the
pay channel Encore one day a week. As a result, the value of Encore has been reduced.
Rothenbuthler said the value of Encore is not necessarily reduced as the programming has not
changed. Hoch said there should be a reduction in the cost of Encore. Shaffer said he will
ask TCI their plans for Encore Plus. In addition, he will contact the FCC for their opinion.
Shaffer noted that the City has very limited authority over programming. Rothenbuhler said
over the past 2-3 years it appears several more channels have been added than dropped. The
Commission needs to find out the absolute maximum channel capacity of the cable TV
system.
SENIOR CENTER REPORT
McKray relayed a message from Mark Weills that SCTV has been short on volunteers because
some of them go south for the winter. Training on the use of the new equipment is
continuing.
ECC REPORT
Langhorne reported Ethan Fox, the new Community Programmer, gave a talk to the ECC
Board about community programming. A video committee has been formed by the Iowa City
Community School district consisting of the two teachers who teach video production classes,
the media specialists, the school's grant writer, the volunteer coordinator, and a multimedia
Broadband Telecommunications Commission
January 27, 1997
Page 3
specialist from the University. The goals of the Committee are to promote student video
productions and develop programming for the education channel. A volunteer has offered to
produce a weekly news program dealing with education issues using PATV's equipment. The
tapi~ will also be made available to the education channel. A 2-3 hour block of time on
Tuesday and Thursday evenings on the educational access channel has been set aside for
community programming and programming from the schools. The schools wish to have an
origination point added to their new media center. The schools have offered to split the
approximate $4,000 cost with TCI.
LIBRARY REPORT
Fisher reported over 3,000 entered the library during their centennial celebration January 19.
Centennial events were cablecast live from 12-4:30 pro. The installation of the remote control
cameras in Meeting Room A has begun. It is expected the project will be finished soon.
CABLE TV ADMINISTRATOR REPORT
Shaffer reported the owners of the Seville and Westgate apartments were approached by a
company wishing to sell them a satellite system. They approached Shaffer wanting to offer
the government channel to their apartments if they decided to buy the satellite system.
Although such an arrangement doesn't appear to be technically or economically realistic, the
interest shown in the government channel is an indication the access channels are valued in
the community. Shaffer will be meeting with PATV to develop evaluation guidelines. Shaffer
reported receiving 42 complaints-19 about the channel line-up changes, 5 about signal quality,
1 about an outage, 3 about rates, 2 about the late fee, 4 abut a lack of notice of the channel
line-up changes, 1 about an inability to receive service, 1 about a technical problem with a
pay-per-view event, 1 requesting a program be taken off one of the access channels, 1 about
being disconnected without notice, 2 about the volume level on a TCI commercial, 2 about
having their service cut off, and 1 about InfoVision being down.
MEDIA UNIT
Hardy reported the Media Unit has been quite busy the past month. The League of Women
Voters series has restarted and their is a possibility of working on a documentary dealing with
archeological sites. Hardy distributed a community programming pamphlet and monthly
report. A 350 piece mailing to the Johnson County Council of Government's social service
list introducing them to community programming has been sent and has started to generate
requests for productions. As part of the outreach effort, Fox will be speaking to groups in
the community. The Community Calendar is now up on InfoVision and will be expanding
shortly. The Community Television Group discussed several options regarding forming a
group to advise and provide community input into the community programming effort. The
CTG requested input from the BTC regarding options for gathering community input. One
option is a focus group which would meet once or several times to get feedback from
community institutions and subscribers on what type of programming they might want.
Another option is forming an advisory committee which would be a long-term group made up
of segments of the community who could provide guidance over the long term. Jeppsen said
it was the consensus of the BTC that an advisory committee should be formed. Hoch noted
a focus group could still be formed. Rothenbuhler said the first thing an advisory committee
might want to do is to form a focus group. The information gathered by a focus group should
be used by a sitting body.
Broadband Telecommunications Commission
January 27, 1997
Page 4
PASS-THRU FUND UPDATE
Shaffer referred to the materials in the packet and noted that expenditures and income are
just about what was budgeted.
CABLE TV DIVISION BUDGET
Shaffer referred to the budget in the packet and noted there are several different accounts.
The budget is balanced. With the exception of the pass-through account the expenditures
match revenue. McKray moved and Rothenbuhler seconded a motion to direct Jeppsen to
write a memo to the City Council stating that the Commission has reviewed the Cable TV
Division budget and urge its approval. The motion passed unanimously.
JOINT ACCESS FACILITY
Shaffer referred to materials in the packet regarding one-time cost involved in moving the
Cable Division into a joint facility and also the additional annual costs involved in a facility.
Additional annual operating costs could be about $30,000. The figures are based on 4,000
to 4,500 square feet at $12 per square foot. Hardy said the $12 figure was based on realtors
figures without regard to location. The costs downtown might be higher, but there is little
space downtown that large. Rothenbuhler asked what savings might be realized in a joint
facility. Helling said the Cable TV Division and PATV are quite cramped. Getting reasonable
space to operate is an additional cost. Savings would be seen in the benefits of consolidation,
especially if PATV and the Cable Division each moved into separate new facilities. The equity
in the Civic Center space could help fund a new facility, but it will not cover all the costs or
the additional annual operating costs. Vernon requested Shaffer develop a cost-benefit
analysis of a joint facility. A discussion of the goals for a new facility is also needed. Vernon
said he thinks a joint facility should be downtown close to the library. Fisher said discussions
are taking place regarding building a new library. Paine said Shirley Wyrick has approached
PATV about space needs in regards to the proposed Center Space facility. Helling said
location of a facility in a new library complex would be ideal.
BTC MISSION EXPLORATION
Shaffer referred to the materials in the packet which included a description of the BTC in the
City Directory. The description was mostly taken from the original 1979 franchise and
ordinance. The new ordinance is more comprehensive. The draft version expands the duties
of the BTC, especially in regards to telecommunications. Helling said that any duties that
would be inconsistent with the enabling ordinance creating the BTC would necessitate a
change in the ordinance. Shaffer agreed to prepare a written recommendation outlining
considerations regarding any changes in the BTC mission for the Commission to review.
Vernon and McKray said the Commission needs to be broad-thinking and not limit their scope
to just cable TV, especially in light of converging technologies. Jeppsen suggested the
Commissioners think about the issue and use Shaffers's memo as a starting point.
Broadband Telecommunications Commission
January 27, 1997
Page 5
ADJOURNMENT
It was moved by Hoch and seconded by Vernon to adjourn. The motion passed unanimously.
Adjournment at 6:48 pro.
Respectfully submitted,
William Drew Shaffer
Cable Television Administrator
cabletv\btc1-27.min
DESIGN REVIEW COMMITTEE- SPECIAL MEETING
MONDAY, FEBRUARY 10,1997, - 4:00 PM
PUBLIC LIBRARY MEETING ROOM C
PRELIMINARY
Subject to Approval
MEMBERS PRESENT:
Martin Haynes, Randy Rohovit, Clara Swan, Karyl Larson, Gary
Nagle
MEMBERS ABSENT:
Philip Reisetter, William Nowysz, Daryl Woodson
STAFF PRESENT:
David Schoon, Brandy Dulceak
OTHERS PRESENT:
Michael Richards, John Clark, Chris Montag, David Stookey,
George Mihalopoulos, Julie Spencer
RECOMMENDATIONS TO CITY COUNCIL:
There were none,
REQUESTS TO CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE:
There were none.
CALL TO ORDER:
Haynes called the meeting to order at 4:20 p.m.
REVIEW APPLICATIONS FOR CITY PLAZA VENDING PERMITS:
Nagle noted that he was disappointed with some of the carts on the plaza last summer. The
carts were not true to the drawings/plans submitted and approved. He inquired on a way to follow
up so this does not happen again. Schoon said a Committee member could ask the applicant
about the discrepancies from last year and look at the photos to aid with the Committee's review.
Nagle added that most were fine but a few were not how they were presented. Swan asked how
they could follow up. Schoon said the evaluation of the design is only one element required for
approval. The Committee is able to make suggestions, but once a cart is approved it can stay
out for the permitted term.
Application by Chris Montag (Seattle Coffee). Montag explained how this was his 6th season.
Nagle asked if it would be the same cart. Montag said the cart is the one that is now in the Old
Capitol Mall. He would be refurbishing the cart before it returns outside. Rolling ice chests would
not be used this year. He described the location of the propane tank foi' safety reasons. The
costs of refurbishing the cart is $500-1000. Larson asked if the "order here" sign would be a new
sign. Montag explained that the "order here sign" will be used again at busy times. (See
attached sheet for all cart ratings.)
Application by David Stookey (World Fruit Market). Stookey said this would be the same cart as
the World Fruit Market used last year. He explained the changes in color to high gloss yellow
and that the flag emblems would be affixed to the cart. He noted the awning would be replaced
with one of the same colors. Sliding doors on the backside of the cart will be added. Nagle asked
if the applicant would be doing the work himself. Stookey said he would be doing it himself.
Swan asked how the flags would be attached. Stookey said the flags would be decals not free-
flying like last year. Haynes asked if the cart was stable enough to use plastic laminate. Stookey
said the wood frame twists as it is rolled so using plastic laminate would not be possible. Swan
Design Review Committee
February 10, 1997
Page 2
questioned the refurbishing. Stookey explained why it needed to be upgraded and would be done
before the season.
Application by Deanna Cranbaugh (Mexican Food). Schoon said he had spoken with the
applicant and that the cart would be built locally and have Formica sides. Haynes voiced concern
over the drawing since it was not detailed and clear. Schoon said he had urged the applicant to
attend the meeting. Haynes said the drawing looks festive but was not sure how it will end up
looking.
Application by Michael Richards (Youthworks). Richards explained the Candleworks project and
the concept for the cart. Local agencies provide referrals for jobs and this would create another
work place for disadvantaged youth. Nagle asked how the actual design is different from the
drawing. Richards explained the details. He said the shelf would be bolted onto the four wheeled
cart. Swan asked about the price list. Richards said a plastic laminate sign would have the
prices. Larson asked how it would roll and how the top attached. Richards said the top would
have brackets and screws. Swan pointed out the bricks on the plaza would make the rolling very
bumpy given the size of the cart's wheels. Richards said the shelf would be carried and then
attached on the cart when the cart was set up. Swan asked if it was permissible to sell things
other than food on the plaza. Schoon said it is allowed. Swan noted that the cart's concept is a
good idea but the cart's design needs more planning.
Application by Julie Spencer (Chicago Grill). Spencer explained how she refurbishes the cart
every year and that there would not be any major changes. Nagle asked if the umbrella would
be different. Spencer said the umbrella would probably be a floral print similar to the one in the
photo.
Application by Jason Reading (Lemon Chill). Schoon said the applicant will use one of the two
photos submitted. Haynes pointed out the applicant will have to go with the yellow cart since the
orange one is too large.
Stookey asked if not using laminate on a cart was an issue for this Committee. Haynes said it
increases the longevity and appearance of a cart. Larson added that there are other carts with
painted wood in use on the plaza. Spencer explained how wood carts have to be properly treated
to preserve the quality and integrity of the wood. Stookey said the standards have changed for
quality and requested feedback on design preference. Swan said the more cart applications that
are submitted, more is expected in terms of quality from the applications. Stookey said he would
be willing to work with the Committee on the design of his cart. Schoon said the carts are often
different when seen in real life. Haynes pointed out that a painted wood cart is not an issue, that
quality was the important factor. Swan said this group is specifically concerned with the design.
Nagle said the quality standards are increasing with the competition. Stookey expressed concern
over submitted drawings drawn in marker and not necessarily accurate reflections of the carts.
Application by George Mihalopoulos (Iowa City's Best Gyros). Mihalopoulos explained he would
be using the same cart. Repainting and refurbishing would take place before the summer
season. Swan asked about locations for the carts. Schoon said the applicants request spots and
then the City assigns them spots.
Application by John Clark (Hawaiian Shave Ice). Haynes asked about the colors. Clark said he
brought the color scheme with him and presented it to the Committee. Schoon said the materials
were to be white fiberglass, metal framing, and a Formica counter. Clark showed the front design
Design Review Committee
February 10, 1997
Page 3
and the planned signs for the cart. Nagle asked about trim. Clark said the cart will have stain-
less steel trim and explained the construction of the cart.
Application by Ryan Fisher (Tropical Sno). There were no comments on this cart.
The applicants left the meeting.
Nagle repeated his quality concerns. Swan said the standards need to be kept up. She asked
how the Committee could convey to new applicants, the quality of design the Committee is
looking for. Schoon said the applications asked for complete descriptions of carts, and applicants
can see the carts that are on the plaza as examples. Larson asked if it was appropriate to make
suggestions. Rohovit said some designs did not seem well thought out. Nagle asked how many
would be allowed. Schoon said the City allows 5. Nagle asked about recourse for those who
don't meet quality standards. Schoon said the issue could be taken up with re-occurring prob-
lems. Rohovit asked about the approval process. Schoon explained who else was involved with
approving the cart applications. Swan said there needs to be follow up to insure quality is kept
up.
DISCUSSION REGARDING THE DESIGN REVIEW SURVEY FORMS:
Haynes reviewed the forms and target dates for the surveys. Teams of two will complete the
surveys and the results will be used to make the preliminary design guidelines. The guidelines
need the support of the people within the district and working with the local businesses is
important. Schoon said they will try to have the City Assessor data before April 1, the goal is to
have the information to help with the surveys. Haynes said this preliminary data should help with
the survey process.
In order to promote uniform judging and better evaluations, Swan suggested going over the
survey form as a group by completing the form for a specific project. Rohovit said an example
evaluation would result in more consistent reviews. Schoon said he would set up a walk through
of a few buildings for the group.
In response to a question from Swan, the Committee discussed the set back section of the form.
Swan asked about landscaping located away from the buil'dings. Nagle asked if they should
describe the area or the distance of the set back. Haynes indicated both were important informa-
tion that should be noted on the forms; He also added that relative comments are based on the
other structures in the neighborhood.
Rohovit asked if the design standards taken from the surveys would be done in groups or pairs
like the surveys. Schoon explained the summary process and how the teams of two will relate
information to the larger group.
Swan asked if this was to be public or private information. Schoon said that the Committee will
eventually be meeting with representatives of the business district to discuss the preliminary
guidelines. Haynes said the information would be public because they will be having open
meetings to discuss the guidelines. Swan said the more prepared the group is, the better
received the guidelines will be.
Nagle questioned the need for evaluating the rear of buildings. Swan said on some structures
it will be necessary. Haynes said the sides and back can effect the characteristics of the struc-
ture.
Design Review Committee
February 10, 1997
Page 4
Swan requested a copy of the steps outlined in the original ordinance to. better complete the
surveys. Schoon said the prevalent architecture was the guide used in the ordinance. Haynes
said the future guidelines will relate to the master plan for each area, Schoon said they will go
over the forms in future meetings to see if there is any streamlining that could be done.
Nagle and Swan repeated their concern over evaluating the back sides of buildings. Haynes
noted the back could effect the overall appearance if it is unkept. Schoon said evaluating the
backsides gives a better overall feel for the function of the building. Rohovit asked if every blank
on the form needed to be filled in. Haynes said that was not needed, they just needed to
document the predominate features.
DISCUSSION REGARDING POTENTIAL SITES FOR THE RELOCATION OF THE ARTWORK
LOCATED ON THE SITE OF THE PROPOSED BIOLOGY BUILDING:
Schoon asked for location ideas. Larson suggested City Park. Nagle agreed with the suggestion.
Rohovit asked about the history of the sculpture. Schoon explained how the City bought it during
Urban Renewal. Swan suggested moving it to City Park until a more suitable spot could be
found. Schoon said the City wanted to put it in on highly visible City-owned property. Terrill Mill
Park was noted as a location. Swan said that was a good spot since it was an entrance to Iowa
City. Nagle suggested the rocky area on Riverside Dr. where the old Hydraulic building was
located. Rohovit explained the gateway ideas that the University of Iowa is discussing.
DISCUSSION OF ANNUAL DESIGN REVIEW AWARD PROGRAM:
Haynes said he spoke with representatives of Arts Fest, and they are willing to work the design
award program into their program.
CONSIDERATION OF THE MINUTES OF THE JANUARY 13, 1997 MEETING:
Nagle made a correction on page 3. He proposed joining the two ceremonies not modeling the
Design Awards after the Historical Preservation Awards.
Swan asked if the date for the skywalk discussion was wrong. Schoon said that information was
correct in the minutes.
Swan moved to approve the minutes as amended. Larson seconded. The motion passed
on a vote of 5-0.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was no public discussion.
COMMITTEE DISCUSSION:
Nagle asked about the library design. Schoon said they are still reworking the design and trying
to find an arrangement that best utilizes the space.
ADJOURNMENT:
Haynes called the meeting adjourned at 6:05 p.m.
ecodev~xnlns\drc2-10
w
w
~ OO
~ g r- o
o~!
~i~, oo
o
o
o
HUMAN RIGHTS COMMISSION
MINUTES (AMENDED)
January 27, 1997 Meeting
COMMISSION MEMBERS PRESENT:
Diane Martin, Mel Dautremont, Pat Harvey, Ann
Shires, Joan Jehle, Jan Warren, Tom Dickerson,
Mary Theisen
COMMISSION MEMBERS ABSENT: Derek Hall
STAFF PRESENT
Heather Shank, Eleanor Dilkes
AUDIENCE PRESENT:
Alison Ames Galstad and Leif
CALL TO ORDER:
Vice Chairperson Harvey called the meeting to order at 7:05 p.m.
APPROVAL OF MINUTES: The Minutes of the December 16, 1996 meeting were approved
with the following correction: change in the spelling of new Commission member Mary
Theisen's last name (from Tyson to Theisen). Shires/Dautremont.
RECOMMENDATIONS TO COUNCIL: None.
Shank stated that in the future, any Commission recommendations to the City Council should
be specifically stated under the Recommendations to Council portion of the minutes and not
simply attached to the Minutes (as was most recently done). Further explanation should be
included in the Minutes.
PRESENTATION: Shires read and made a presentation to retiring Chairperson Alison Ames
Galstad of an Outstanding Service Award. Galstad was a member of the Human Rights
Commission from January, 1991 to January, 1997 and served as Chairperson for the past three
years. The Commission thanked Galstad for her tireless efforts on behalf of all the citizens of
this community.
APPOINTMENT OF CHAIR AND VICE CHAIR: Pat Harvey was nominated for the position
of Chairperson. Dautremont/Dickerson. Ann Shires was nominated to serve as Vice
Chairperson. Dautremont/Jehle.
SUBSTANTIAL EQUIVALENCY. The Iowa City ordinance has been sent to the legal
department of the Kansas City office of HUD. The Commission's goal is to have the Iowa
City Human Rights Ordinance approved as substantially equivalent to the Fair Housing
Amendments Act. The Kansas City office has accepted the ordinance as equivalent and no
more changes have been made. The ordinance has been forwarded to the Washington HUD
office for review. The Commission needs to approve and accept the £evisions and then the
Iowa City Council needs to approve it before HUD will award.the substantial equivalency.
There have been made changes in the HUD Department in Washington and it remains to be
seen if these changes will have any effect on Iowa City's application.
The Commission will review the changes suggested by the Kansas City HUD office at its
February meeting (February 24) and a memo will be prepared for the City Council and
included with their packet for the March 1 lth meeting. The Council will need to consider the
ordinance at two separate meetings before it is voted on. Following approval by the Council,
the Substantial equivalency designation and HUD finalization should be forthcoming quickly.
CONCILIATION PROCESS DISCUSSION: In recent complaints which have proceeded to
conciliation, the attorneys for the respondent have expressed their preference for the mediation
process. In mediation, the attorneys for both parties work with the mediator to reach a
settlement agreement that is an acceptable resolution for both parties. In conciliation., the
attorney and respondent meet with three members of the Commission to reach an acceptable
agreement.
In two complaints, attorneys for the respondent have suggested the conciliation process is
awkward because the complainant is not present and the process becomes cumbersome because
the Commission has to leave to contact the complainant by phone. If mediation was offered
in the post investigative, probable cause determination stage, the mediator could move between
the two parties in separate rooms to facilitate an agreement.
After extended discussion on the issue, the Commission agreed to maintain the conciliation
procedure. In this way the Commission continues to be involved after a probable cause
decision has been made. Also the Commission has, in the past, permitted the two parties to
a complaint to come together in a conciliation to attempt to reach a settlement.
REPORTS OF COMMISSIONERS:
Shires reminded commissioners that she represents the commission on the CDRE (Council on
Disability Rights and Education). The first action to fulfill their mission was completed in
early fall, 1996. A Public Accommodation sub-committee has published a 1996 Guide to
accessible features of bars, cafes, restaurants, coffee houses and restrooms in the downtown
area. The Evert Connor Rights and Resources Center is helping to distribute and promote this
brochure.
Shires also reported the Martin Luther King interfaith service was very good this year. The
Quire performed for the service. They are a gay and lesbian chorus and were very good.
Dautremont asked if the Commission was participating in Community Organization Day.
Shank stated that she received the information too late to line up commission members and
respond by the deadline. She has given the mall/organizers her name as the contact person so
that we will be able to meet the deadline in the future. Dautremont announced that the local
NOW chapter will be participating that day. She also announced that the domestic violence
checkoff has been removed from the state tax form. NOW is asking that this checkoff be
reinstated.
Martin discussed Cultural Diversity Day at the University and the Commission's table. This
event will be Saturday, February 8. Dickerson and Hall be setting up and taking the early
Human Rights Commission
January 27, 1997 Minutes
Page 3
shift; Martin and Shires will take the second shift and Shires will rerum the display items to
Shank.
Shank announced that Harvard Professor Christopher Edley, Jr. will be speaking at 5 PM on
Monday, February 10 in Tippie Auditorium in the Pappajohn Building.
Harvey mentioned that Galstad wishes to remain active with the Cultural Diversity Team.
Shires will be the liaison for the Commission with this team.
Shank reminded everyone of Black History month activities:
Tuesday, February 4 at 7 PM - Senior Center - Adrien Wing, U of I Professor of Law
Beyond the Year 2000: Justice for Blacks in America
Monday, February 10 at 2 PM - Senior Center - Joseph Nxusami, Visiting Professor at
the U of I College of Law - Human Rights: A South AJkican's Perspective
Wednesday, February 26 at 2 PM - Hal S. Chase, Iowa Humanities Board speaker
Afi'ican-American History in Iowa
OLD BUSINESS: Human Rights Breakfast, 1997. Warren offered to speak with Mary Sue
Coleman and her office to arrange a time when Ms. Coleman would be available to speak at
this year's breakfast. Ira time can be agreed upon, Warren will reserve the date with the Iowa
Memorial Union for the Triangle Ballroom.
Prima Facie Case. Shank shared copies of the elements that have to be established by
complainant and respondent. This is what Commission members look for in each case. Shank
prepared these copies as examples for old commission members and as a training tool for the
three new members.
Shank reported that she attended a meeting at Old Brick on Sunday, January 26 on Iowa CiW
as a Human Rights City. Their two main issues are: 1) clean air and 2) right to a living wage.
At some point they will be talking with the City Council regarding these issues. We need to
have a representative from this Commission if we feel this is an important extension of this
Commission. Mary Theisen will talk more to Osha Davidson about the issues and the time of
most meetings. Most Commission members have difficulty attending meetings during the work
day which is when these meetings are usually held. Theisen will attend as the Commission
representative if the meeting time works with her schedule.
NEW BUSINESS: City Council Meeting. February 3rd - This is a work session for budget
hearings for FY98. Harvey, Martin and Shank will speak for the Commission but all
Commission members are encouraged to attend. There was discussion about the needs of the
Human Rights Office for further staffing and also a concern about Council member Baker's
suggestion that the Citizen Review Board issue be attached to the Human Rights Office as a
new responsibility without the mention of any additional staffing for the office.
Human Rights Commission
January 27, 1997 Minutes
Page 4
Warren asked for more details regarding the letter which former Commission member Peery
sent to the Press-Citizen. There were some inaccuracies in the PC's story and an implication
that Davidson, Galstad and Peery had all resigned from the Commission in disgust. In fact,
one resigned due to a perceived conflict of interest and two did not choose to re-apply for
app9intment to the Commission. Their terms had expired. Galstad had served two three-year
terms and Peery had completed the remainder of Rick Graf's term (1 ~/~ years). Harvey offered
to write a letter to the editor for the Press-Citizen focusing on Galstad's positive contributions
to the Commission during her six years on the Commission, three years as the Chairperson.
Harvey, Warren, Shires, Jehle, and Martin agreed to attend the February 3rd Council work
session hearing for the 1998 proposed budget. Shank will also be present to assist.
NEXT COMMISSION MEETING: Monday, February 24 at 7 PM in the Civic Center Lobby
Conference Room. Jehle will not be able to attend this meeting.
ADJOURNMENT: The meeting adjourned at 8:45 PM. Shires/Dautremont.
2/25/97 Transcribed by kkc
HUMAN RIGHTS COMMISSION
MINUTES
February 24, 1997 Meeting
COMMISSION MEMBERS PRESENT: Diane Martin, Mel Dautremont, Pat Harvey, Ann
Shires, Jan Warren, Mary Theisen
COMMISSION MEMBERS ABSENT: Derek Hall, Joan Jehle, Tom Dickerson
STAFF PRESENT
Heather Shank, Eleanor Dilkes, Kaci Carolan
CALL TO ORDER:
Chairperson Harvey called the meeting to order at 7:07 p.m.
APPROVAL OF MINUTES: A number of corrections to the Minutes of the January 27, 1997
meeting were noted. Hall and Shires' names were added to those commissioners who helped
with Cultural Diversity Day. The Quire's name was corrected. Additionally, the Commission
requested that the section regarding possible post-investigative mediation be re-written for
clarity and to better reflect the Commission's reasoning for rejecting this proposal. Shank
agreed to re-write that section. Approval of the minutes was deferred until the March meeting
to allow for these amendments.
RECOMMENDATIONS TO COUNCIL: The Commission recommends the Council approve
the Human Rights Ordinance as revised.
STAFFING UPDATE: Warren, Jehle, Shires, Martin, and Harvey attended the February 3
budget workshop with Council to support the proposal to change Carolan's half-time position
to a full-time one. Shank reports that Council has indicated their approval, although this is
unofficial. This change would be effective July 1 (once approval is official). However, Shank
indicated that once formal approval is received, she intends to approach City Manager Steve
Atkins and request that Carolan begin full time sooner, utilizing funds allocated for "temporary
help" in Shank's current budget. Shank further explained that at the February 3 budget
meeting, Councilperson Lehman had inquired about the possibility of contracting with outside
attorneys to attempt to clear some of the case backlog faster. Shank called commissioners'
attention to a memo (contained in the agenda packet) which discussed this idea and explained
why it was not feasible. Shank's suggestion was hiring a third temporary investigator to clear
the backlog, but there's not sufficient money in the budget for that.
SUBSTANTIAL EQUIVALENCY AND HUD FUNDING. Commission members opined that
Council seemed confused by the "phantom" HUD money (the money we should get once we
become substantially equivalent). Martin asked whether the chart prepared by Shires included
housing specialists in the "number of staff" row. Shires said no. She clarified that, although
Dubuque used to have two housing specialists, they no longer do (mainly because the HUD
substantial equivalency funds are only disbursed in the first two years of equivalency, and
Dubuque has been equivalent for 5+ years). Cedar Rapids currently has two housing
specialists, but they just received $100k start up funds from HUD. If we get substantial
equivalency status and the related start up funds, Shank believes we will need to hire a separate
housing specialist to do investigations (housing only) and public outreach/education. Shank
also explained that HUD will require us to buy a computer (to their specifications), and that
although she had originally been told that this could only be used for housing, the Kansas City
field agent (who will be doing the actually oversight/audit of our HUD funds) said that's
ridiculous, and of course we can use the computers for other things. Dilkes suggested Shank
call the field agent and ask her opinion on the prior .personnel question (whether an investigator
hired with HUD funds to do housing investigations may assist in non-housing investigations
when time permits).
REVISED HOUSING ORDINANCE: Dilkes offered to answer any questions about the
revised housing ordinance and/or her memo outlining the major changes. Harvey raised the
issue of the district court election (where the complainant opts to go forward in district court,
and the City Attorney must, under the ordinance, commence and maintain that action--
essentially, must represent the Complainant). Dilkes indicated that she and Shank feel they
have essentially resolved the conflict of interest concern. She explained that the City Attorney
would be representing the Commission "on behalf of" or "on the information of" the
Complainant. If a conflict were to arise, the City Attorney's allegiance would be to the
Commission, and the Complainant would be told that s/he could retain a private attorney. The
Commission would not be responsible for paying for this private attorney. When asked for an
example of a conflict, Dilkes said the most obvious one would be where a Complainant
believed s/he deserved more money than the Commission felt was justified.
Dilkes went on to address what she anticipates will be Council's biggest concern, to-wit,
funding. How is the City to pay for the City Attorney's Office to litigate the district court
election? Initially, it's expected that not many people will utilize the election, but as they
become more aware of it as an option, it may become more popular. Apparently at the State
level many people are utilizing it, often Respondents, who don't trust the Commission
(presumably on the basis of partiality) to issue the decision. Dilkes' memo notes that money
from the HUD start up funds can be moved into a separate account to pay for the elections,
but Shires questioned whether this would ultimately provide enough money. It was agreed that
there really is no way to guarantee we'll be able to cover those expenses. Dilkes said that in
her opinion, all we can do is assure Council we'll try to use some of the start up funds if
permitted by HUD, and if it gets out of hand, Council has the right to repeal the amended
ordinance.
Shank wanted to be sure that the Commission understood the implications of the "litigation
worthy" standard as it effects the district court election. She explained that the City Attorney
must accept a case under an election only if the Commission feels the case is "litigation
worthy." Shank explained that this is a much higher standard than the "more likely than not"
that is used for decisions in other areas. A probable cause decision in a housing case will
essentially amount to: "we're prepared to litigate this case, we think we can win it."
Shires raised a question about how the "right to sue" (or removal to district court) operated
differently in housing cases. Dilkes explained that normally a Complainant must file with an
administrative agency (such as ICHRC) first before s/he can proceed in district court.
However, in the area of housing, complainants may file directly with the court without first
Human Rights Commission
February 24, 1997 Minutes
Page 3
going through an administrative agency. The Commission is not required to pay for these
cases.
Martin asked for clarification of the prohibition on advertising within the exceptions. Harvey
expressed dissatisfaction about the nonprofit exemption being limited to religiously-affiliated
non-profits.
Shank outlined the adoption process once the amended ordinance is approved by the
Commission. The question was raised as to whether the ordinance should be put to vote, or
put off until the March meeting. After much discussion, Dautremont moved to accept the
amended ordinance. Shires seconded. Vote was called. Five in favor; no opposed. The
ordinance is accepted.
REPORTS OF COMMISSIONERS:
Dantremont: On March 21, NOW is holding its third annual talent show at Gunnerz,
March 3 at 7:30 p.m. in the Triangle Ballroom is the Convocation for Women's History
Month. Something fun is going on at the International Center on March 15, something with
dancing and food, but Dautremont was unable to get any other details.
Shires and Martin reported on Cultural Diversity Day. Shires noted that they were
approached several times by people wanting to discuss human rights violations in other
countries. The printing errors in the Domestic Registry pamphlet and the Human Rights
pamphlet were discussed.
Warren: Reported on Adrien Wing's speech at the beginning of February, which she
said was excellent, but attendance was so low as to verge on the embarrassing.
Theisen: reported on Human Rights - Iowa City (the citizen's group). The group is
preparing to present a forum on April 3 from 7-9 p.m. at the Public Library, with different
people leading various groups as part of an education campaign. Theisen says she believes it
will be worthwhile for the Commission to have someone involved, but the meetings are always
at lunchtime on a weekday, and she cannot attend on a regular basis. Warren indicated that
so long as the meetings are not always on Tuesday (when she has a conflict) she could attend.
Shank: Proposed showing the movie Gentlemen's Agreement as a public forum during
April sometime. Because the movie's long, Shank suggested there not be a panel discussion
afterwards. Her idea was to show it as a Saturday matinee, and that we sell popcorn (provided
the Library permits it). Shank agreed to check to see if April 26 is available.
Shires: Indicated there is not much to report regarding the IC Diversity Team. She
indicated that there seems to be a lack of leadership at the moment. Someone from the
planning group needs to take the lead and facilitate reaching out to interested groups and
individuals. Extensive discussion took place over whether the ICHRC should or needs to be
the organization to do that. Warren suggested that perhaps the newly-restructured Opportunity
at Iowa has the resources to fulfill this role.
Human Rights Commission
February 24, 1997 Minutes
Page 4
OLD BUSINESS: None.
NEW BUSINESS:
Shank: Pointed out that there is a House proposal to add sexual orientation to the federal
Civil Rights Act of 1964. Shank also inquired whether the Commission as a group wishes to
make a statement to its legislators about the death penalty, given that it disparately impacts
racial minorities and the poor. It was agreed that such a letter should be unanimous, and so
any decision should wait until all Commissioners have had a chance to express their opinion.
Shank: Passed around an Iowa legislative bill which made changes in the law regarding
disabled parking. The impact of this bill will be felt in January, 1998. The law requires the
name of a person's doctor to appear on their handicap parking placard, and requires
identification as "handicapped" on an individual's license plate. It was moved that the
Commission would draft a letter opposing this, as it infringes on individual's privacy rights.
Shires/Dautremont.
Shires: ICHRC has had a tradition of having a breakfast with former long-term
Commissioners. The current Commission will be having breakfast with Alison Ames-Galstad
at 8:30 a.m. on Saturday. March 8, at The Cottage. Shires agreed to call and invite Peery and
Davidson.
STATUS OF CASES: Two in Legal. Awaiting paperwork on one mediation. Awaiting
paperwork on one conciliation.
NEXT COMMISSION MEETING: Monday, March 24 at 7 PM in the Civic Center Lobby
Conference Room. Dautremont and Shires will be unable to attend.
ADJOURNMENT: The meeting adjourned at 9:07 p.m.
2/26/97 Transcribed by kkc
IOWA CITY HISTORIC PRESERVATION COMMISSION
TUESDAY, JANUARY 14, 1997 -- 5:30 P.M.
CIVIC CENTER LOBBY CONFERENCE ROOM
MEMBERS PRESENT
Betty Kelly, Ruedi Kuenzli, Sue Licht, Doris Malkmus, Mike Pugh,
Doug Russell, John Shaw, Ginalie Swaim
STAFF PRESENT:
Scott Kugler, Traci Howard
CALL TO ORDER:
Chairperson Russell called the meeting to order at 5:35 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
SECTION 106 REVIEW: 430 N. VAN BUREN STREET
Kugler showed photos of the house to the commission, and said that the city's Housing and
Rehabilitation Division wanted to do work on the house using federal .funds. The commission
should determine if the property is eligible for listing on the National Register, and if so, if the
proposed work is in conformance with the Secretary of the Interior's Standards for Rehabilitation.
Kugler stated that in his opinion, the house is not eligible due to a number of alterations to the
building (e.g. the porch was enclosed, siding and windows were changed). Unless there is
something about the house's past dwellers or owners, the house does not appear to be eligible.
Kugler had no information about any such individuals. He also said the property lies outside the
proposed Goosetown and Northside historic districts from the 1980's.
Russell noted that no earlier judgment was made about whether it was contributing National
Register eligible because it was outside the proposed districts. Kugler said evaluations were only
done for preperties inside the two districts, and he had supporting maps. Swaim asked if it was
marked as a contributing structure. Kugler said yes, but did not know where Liz Osborne got the
information for the second form. Since she is not an architectural historian, it would be better to
go by the earlier evaluation, even though she did some other research and could have uncovered
other information. Kelly noted that one portion of the house has been altered and wondered if the
proposed alterations would severely alter it further. Kugler said the photo on the third page is
historic, but he was not sure when it was taken.
Russell asked if there was anything in the plans that would be permanent or harmful should the
Phase II of the town plat survey have more merit. Kugler said no, that most of the work is repair
work, including the reof above the main structure and in the back, new aluminum storm windows
throughout and some repainting. Russell said that he did not think it was eligible.
Malkmus moved to determine that the house is not eligible for the National Register.
Kuenzli seconded the motion. The motion carried 8-0.
NATIONAL REGISTER NOMINATIONS OF COLLEGE GREEN AND EAST COLLEGE STREET
HISTORIC DISTRICTS
Kugler said that part of the nomination process for the proposed historic districts requires that the
commission make a recommendation before they are reviewed by the State National Register
Review Committee.
Historic Preservation Commission
January 14, 1997
Page 2
Russell moved to recommend approval of both districts as previously nominated, and have
staff prepare the necessary paperwork for the Mayor to sign. Swaim seconded the motion.
The motion carried 8-0.
DISCUSSED CURRENT MATTERS ABOUT HISTORIC DISTRICTS
Russell said the Planning and Zoning Commission had a public hearing on the two proposed
districts, College Green and East College Street, and will vote on them at their January 16, 1997,
meeting. They have a few questions that need to be answered on the record about proposed
zoning changes. All four landlords that own the buildings on the west side of South Johnson
Street between College and Burlington are in opposition to the districts. In the last week before
the meeting, Tom Martin and Gary Schott, two of the landlords, had taken out demolition permits
on two of the buildings (219 and 223 S. Johnson St.). They are allowed to do this under the
nomination status because the commission's approval is not needed until the City Council sets
these districts for public hearing, which would be February 11, 1997, at the earliest. The demoli-
tion permits are valid for six months, and the current zoning is RNC-20. Russell said he felt the
commission should reach some consensus about how to handle the situation.
Kugler said Doug Boothroy, the Director of Housing Inspection, felt that if the landlords had not
picked up the demolition permits before the City Council sets the public hearing, the permits
would not be valid. As of Monday, January 13, neither landlord had picked up their permit. If the
districts are approved by the Planning and Zoning Commission on January 16, the City Council
could set the public hearing at their meeting on January 28.
Russell said if the district is approved without any amendments to its boundaries, and the
opposing landlords have not picked up their demolition permits, they would have to have their
permits reviewed by the Historic Preservation Commission and the issue would be dealt with. If
they did pick up the permits and demolish before the district is created, the commission would
be asking the City Council to approve a new districts with two more vacant lots, which would raise
questions from the Council. Russell suggested going forward with designating the areas even if
they are vacant because the commission would then be able to review any building permit
applications submitted by the two landlords. He said that the commission should not agree to last
minute changes after all the work they had done.
Kuenzli asked how long the demolition permits were valid, and Kugler said six months. Russell
said they would have to apply for the permit, submit their demolition plans and begin demolition
before the permit expires, or they would have to start over.
Licht asked if the two buildings are contributing structures. Russell said yes. He asked if the
commission wanted to contact the landlords to debate with them or inform them about the statute,
or to try to convince them not to demolish the buildings. The commission looked at the formal
protest with stated reasons submitted by Martin. Kugler said Pam Barnes of the Housing Rehabili-
tation Division talked to both of the landlords, and Martin told her that he was keeping all of his
options open. Malkmus said that this is an exaggerated response to the historic district creation,
and that this is how it will be perceived by the public. Russell suggested sitting tight on the issue.
Kuenzli suggested producing slides, especially of Martin's building, to show the City Council what
could be lost if the buildings are demolished. Kugler will take pictures of both buildings, the new
structure on the northeast corner of College and Summit, and the new development on Iowa
Avenue. Malkmus said the commission could associate this issue as a reason to designate
historic districts.
Historic Preservation Commission
January 14, 1997
Page 3
Russell noted that Kuenzli's survey showed that the' majority of the people in this district are in
favor of its formation, including many absentee landlords. Licht said that many of Martin's
references are from a neighborhood design book that has nothing to do with guidelines or rules.
None of his proposed repairs or changes would be regulated, and it would make no difference
if the'house was part of the district.
Kuenzli asked if the potential February 11 public hearing would coincide with the commission's
February meeting. Kugler said yes. Kuenzli pointed out that this could be the last time that the
entire commission would be together to discuss a strategy. Russell mentioned bringing in allies
from the proposed districts to be at the meeting, and he would mention the possible hearing so
the Friends of Historic Preservation at their Sunday meeting. He suggested Kuenzli call the East
College Street neighborhood association, but Kuenzli said he did not think that area was a
problem. He said the commission should focus more on College Green. Licht suggested mention-
ing that College Green would not be a district where all the houses would be the same size and
style; that it would be more similar to the Brown Street district. Kugler noted that those points are
made in the slide presentation. Russell said that it would be useful to have as many commission-
er's there as possible to cover all the points with specialized knowledge.
Shaw asked if it would be appropriate to provide case law material to reiterate precedent with a
summary list of decisions. Kuenzli said that if they could not form an argument that would answer
the basis of the landlords' argument, the commission should show why the buildings would be
profitable to be a part of a historic district (i.e. ability to raise rent and attract more quality renters,
possible rotating renovation/remodeling fund, other federal programs to participate in) to show that
there are only advantages for finding alternatives. Russell noted that historic designation would
not change the buildings' profitability if the landlords did nothing to them. Shaw said that he
thought both Schott and Martin bought the properties with the intention of using them for interim
housing and want the right to demolish the building and rebuild for commercial purposes in the
future. Russell said that he would call an emergency meeting if something new developed, 'and
notify everyone about the Planning and Zoning Commission decision and the City Council plans.
Swaim asked if they could demolish the buildings without knowing that any building proposal
would come before the commission if that area was declared a historic district. Licht said yes.
Kugler said that the landlords would have to submit new building plans before the hearing, and
those had not been submitted as of January 14.
DISCUSSION OF GRANT PROJECTS
Longfellow Neighborhood Survey -- Kugler said a copy of the final survey report is in
the agenda packet. Everything was submitted to the state, and staff is just waiting for the
grant funds to be paid.
Original Town Plat Survey, Phase I -- An intern is currently entering the data into the
computer, and he will also start doing some research at the State Historical Society
Library. Kugler said that Jan Nash has a different way of looking at the neighborhood; she
would like to focus on the older buildings. If that idea is accepted, she will discuss her
ideas with the commission.
Longfellow Survey, Phase II -- Kugler said he is waiting to hear if the city will receive the
grant. He said it will be decided in late April or early May. This would cover Dearborn,
Rundell and the west side of Seventh. Russell mentioned that this includes a recommen-
dation for a conservation district. This should be explored in more detail this spring.
Historic Preservation Commission
January 14,1997
Page 4
DISCUSSION OF NEIGHBORHOOD MEETING, ORIGINAL TOWN PLAT SURVEY, PHASE h
Russell stated that he did not contact Eleanor Steele to set up a meeting, but he would call her
soon. The Northside Neighborhood Association does not have a regular monthly meeting. He will
notify the rest of the commission of the meeting date because the meetings are generally
informative and helpful to get the flavor of what residents want.
UPDATE ON HISTORIC PROPERTIES TAX EXEMPTION RESOLUTION:
The Johnson County Board of Supervisors had this scheduled for public hearing and published
a notice of the meeting, but the item was not put on the agenda, so no one was allowed to vote
on it. It was rescheduled for the January 30 meeting, but Russell still thought it would pass.
Kugler asked if people could apply after they had already completed restoration. Russell said he
did not know, and that would have to be answered by the State Historical Society officials. He
did not know if it depended on when the work was done or when the paperwork was submitted.
Licht noted that it is a lengthy application. Russell said that he would ask the County commission
to keep a copy of the first application submitted to give future applicants some guidelines. He
suggested that Kugler call Judy McClure to do that. Kuenzii asked if there was a way to simplify
the process, and Russell said that the process is state law, so it cannot be simplified by the
County.
DISCUSSION OF HISTORIC PROPERTIES REVOLVING LOAN FUND:
Russell said he spoke with Council person Norton about this issue. Norton's idea was to have a
sum of money the city would make available for below commercial interest rate loans to rehabili-
tate historic properties. The City Manager was favorable to the plan and suggested $500,000 as
the sum to be administered by banks. The city would benefit from the .interest rate, the bank
would benefit by being paid one percent for their paperwork and services, and the homeowner
would benefit by being able to rehabilitate their properties. If the banks complained, they could
be invited to join the program. Norton and Atkins decided the idea should be presented as a City
Council initiative. Norton raised the issue with the other Councilors on Monday (January 13) and
nobody favored the idea because they thought the money should be for low income properties
only. Russell suggested completing the pending agenda items, and in the late spring or summer
present the idea to the Council in a detailed proposal to answer the original questions they had.
Swaim said that if a district is nominated in Longfellow, the Council will see that a district does
not necessarily have large Victorian houses, but a variety of houses. Malkmus suggested
providing numbers of average property values in historic districts. Kuenzli said that there is a
public benefit for preserving these neighborhoods, and that there are other funding sources for
lower income housing.
DISCUSSION OF HISTORIC PRESERVATION WEEK AWARDS PROGRAM:
Kelly mentioned Cooper Norman, Tim Reinders, CeeCee Resnick and Judy McClure as possibili-
ties. Licht said that Reinders would be good because he would bring a new perspective to the
program. Kelly asked the commission if they had any other suggestions. Russell asked where the
program site would be. Kelly said that the Masons would charge rent and while the Trinity
Episcopalian Church was OK for the program it did not have good parking. She said that her
group preferred the Johnson County Courthouse, with Trinity as the second choice. Swaim asked
why the group chose the courthouse as their first choice. Kelly said it was because the Johnson
Historic Preservation Commission
January 14,1997
Page 5
County Historical Society felt that the program should be in a county building. Swaim pointed out
that it is difficult enough to make the courthouse rooms dark enough to fully see the slides.
Kelly said it was up to the commission to decide where the program would be held. Russell said
they had picked Trinity as their first choice to highlight an award winner and the Masonic Temple
as the second choice. Trinity would also seat 200-250 people, and even if the large courtroom
could be reserved, it has not been able to hold everyone the last two years. Kuenzli pointed out
that parking is important because many older people attend the awards program and people are
driving in from around the county. Swaim said the overall goal is to keep the audience growing
and more projects nominated, so it would not be good to make newcomers stand. Kelly said the
scheduled date is May 14, 1997. Kugler handed out a sample announcement that would be
placed in the city newsletter, given to all the neighborhood associations and city boards and
commissions. Russell noted there is a March 5, 1997, deadline for nominations, which is earlier
than in past years. He suggested that for the March meeting commission members should be
thinking about projects that should be nominated. The sooner Kugler could put a list together the
more photographs he can compile of the nominees.
DISCUSSION OF LANDMARK PLAQUES:
Russell deferred the issue. He said he will contact all the owners of landmark properties to see
if they would accept a plaque, contact the two plaque companies for samples the commission
could examine and to compare prices, and have Kugler forward the sample contract between the
city and the owner stating that the city owns the plaques to the City Attorney. At the last meeting
the commission decided that the city would own and pay for the plaques, and the people would
display them. Kugler reminded that the $1000 in project funding he thought would be available
is not going to be. He said the donation account is up to $1500, and Russell said there is about
$1500 pledged from the Friends of the Historic Preservation Society. Russell said that money
would cover the project.
Kugler suggested updating the guide map and neighborhood design book because the current
supply is running low. Russell said that changes would need to be made to the guide map if the
new districts are approved and new landmarks are designated. Russell suggested putting that
issue on the agenda so the commission keeps track of it.
CONSIDERED DECEMBER 10, 1996, MEETING MINUTES:
Shaw moved to approve the minutes. Licht seconded the motion. The motion 13assed 8-0.
COMMISSION' INFORMATION/DISCUSSION:
Kugler briefly described the topics. He said the Council did approve the porch encroachment at
928-930 Iowa Avenue. Regarding the fourth item, based on the Bear Creek Archaeology report
there is a difference of opinion about the Butler house's age, due to Bear Creek's inability to
uncover artifacts or referential material to confirm a construction date in the 1840s or 1850s. Bear
Creek feels the house is newer, around 1870. Nash still feels the house is older than that, but
there are no exact records of the age. Staff proposes to do more research as part of the Butler
project to determine more clearly the building's age. Malkmus asked why the letter was directed
to the Director of Public Works. Kugler said Bear Creek was hired through that office to do
archaeological work. Swaim asked if the house is determined to 1870 as opposed to 1850 what
would happen. Kugler said there should be an opportunity for the city to consider the new
information and decide whether to still put money into the building. The staff would still support
Historic Preservation Commission
January 14, 1997
Page 6
the project, but the city should know what it is dealing with if information changes or is proven to
be incorrect. Swaim asked if this would slow up the stabilizing process. Kugler said not long.
Kuenzli asked if the commission wanted the February 11 meeting if the public hearing for the two
historic districts will be directly afterward. Kugler said the hearing would be early on the City
Council's agenda, and the Commission's agenda would not be large for that meeting, so the
commission meeting could be done by 7 p.m. The commission agreed to hold its February
meeting on the 11th, as scheduled.
Russell asked Kuenzli if he would be able to conclude his survey of Historic District Property
owners before the Council's public hearing. Kuenzli said everyone on College Green was contact-
ed and only three remained for East College Street, and they could be contacted. Russell said
that he would be attending the Friends of the Historic Preservation Annual meeting on Sunday
at Trinity .Episcopal Church, and everyone on the commission is encouraged to attend. He will
give them a rundown of past achievements, pending projects and commission vacancies. There
may be four seats available in the spring, so commission members should start recruiting for the
position because the applications need to been submitted soon.
Kelly suggested that commission members be considering nominees for the Nowysz award. Kelly
asked if properties owned by commissioners are eligible for awards. Russell said he did not
foresee any conflict even though everyone nominated gets an honorable mention award, though
no monetary award is given. Malkmus said she thought it could appear to be a conflict of interest.
Shaw did not think that way, especially if the nominee abstained. Licht said that issue is some-
thing that should be discussed.
ADJOURNMENT:
The meeting was adjourned at 7 p.m.
ppadmin~mlns',hist1-14.min
MINUTES
IOWA CITY HISTORIC PRESERVATION COMMISSION
TUESDAY, FEBRUARY 11, 1997- 5:30 P.M.
MEMBERS PRESENT:
Betty Kelly, Ruedi Kuenzli, Sue Licht, Doris Malkmus, Mike Pugh,
Doug Russell, John Shaw, Ginalie Swaim
STAFF PRESENT:
Scott Kugler, Anne Schulte
CALL TO ORDER:
Chairperson Russell called the meeting to order at 5:43 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
DISCUSSION OF HISTORIC PRESERVATION AWARDS PROGRAM:
Kelly said that there are now three jurors: Thom Guzmann, Program Coordinator of the Main
Street Program, Laura Hoover, who is in charge of the historic district in Amana, and Cooper
Norman, who is with Prairie Architects. She said that the Johnson County Courthouse has been
reserved for the program. Kelly said that two other sites are under consideration since the
Courthouse is not guaranteed.
Russell suggested considering Old Brick as an alternate site to the Courthouse. Malkmus said
that the parking lot next to Old Brick might open at 4:30. Kuenzli stated that the parking lot
under the Pappajohn Business Building may be available.
Licht said that the invitations would be pdnted ahead of time with the location on them. Russell
said that Court Administrators do not know until a few days ahead of time whether or not there
will be a trial in session, although they generally do not run until 5 p.m. or much past 5 p.m.
Russell said that Iowa State Bank and Trust will provide beverages. Kelly asked about recom-
mendations for catering. Pugh suggested Lenny Robles of Movable Feast. Licht said that he
is an excellent caterer.
Russell asked about a press release asking for award nominees. Kugler said that a notice was
sent with water bills, a press release had been sent out, the neighborhood associations had
been notified, and he put a copy on a web site on the internet. Kugler said that he had not yet
received any responses. Russell said that he hopes to put a nomination list together at the
March meeting. Kugler suggested that only projects that were completed by January 1, 1997
should be accepted as nominees and that any not completed would be eligible for next year.
Malkmus asked about the categories. Kugler stated that they are residential rehab/construction,
commercial/institutional rehab/construction, which could be separated into two categories if
there are enough projects, and exterior painting. Russell remarked that the painting awards are
determined by the Historic Preservation Commission. He said that the other categories are
submitted to a panel of jurors. Russell said that the Awards Program will be held on Wednes-
day, May 14.
Iowa City Historic Preservation Commission
February 11, 1997
Page 2
UPDATE ON PENDING HISTORIC DISTRICT DESIGNATIONS:
Russell said that the College Green and East College Street Historic District designations would
be on the agenda for the City Council that evening (February 11). He said that Kuenzli had
surveyed all the property owners. Russell said that the Commission appreciated the amount
of time the Kuenzli had spent on the project and thanked him for all of his hard work. Russell
said that of the 47 properties in the College Green District, 41 were in favor of the designation
and 6 were opposed. He added that the six properties are owned by four absentee landlords.
Russell said that there were 23 other absentee landlords in the College Green District that are
in favor of the designation.
Russell stated that in the East College Street District, of the 27 properties, 25 were in favor of
the Historic District designation, one could not be reached, and one was opposed because he
felt the district boundaries are not broad enough. Russell said that this was very broad support
for the proposals.
Russell said that Shaw would present the slide show for the City Council meeting. He added
that the main opposition would be from the property owners who own the entire west side of
the 200 block of South Johnson Street. Russell said that he met with the City Council at its
informal meeting and that he did not feel that the City Council was inclined to amend the
boundaries of the area. He said that he had pointed out to the City Council that the designa-
tions were based on so much consultant input and careful consideration that the Commission
would not be disposed to amend the boundaries. Russell said that Mr. Thornberry did seem
to have strong reservations about the designations that would probably not be overcome.
Russell said that the City Council would hold its public hearing later in the evening and could
close the hearing at that point and vote at the next council meeting or could recess and
continue the public hearing at the next meeting. He added that the City Council will then have
three separate votes and three consecutive meetings, possibly the second February meeting
and the two March meetings.
(Shaw arrived at 5:55 p.m.)
Licht stated that she was at the informal meeting the night before and felt that the survey of the
neighborhoods had a strong impact on the City Council.
Russell said that there are two areas of concern: 1) process: whether or not everyone received
notice and whether or not those effected had a chance to have their say, and 2) what the
people want. He stated that the City Council asked questions about the super majority require-
ment but that only a simple majority is required because of the level of opposition.
DISCUSSION OF GRANT PROJECTS:
Odginal Town Plat Survey, Phase I. Kugler said that he received a monthly report from
Jan Nash and that there has been a change in the scope of the project. He referred to
the memo from Nash and said that she had discussed her plans with both staff and the
State Historical Society and that both seem to feel it would be a good idea.
Kugler said that, in addition to doing the required survey, Nash would like to look more
closely at about 45 to 50 buildings mainly constructed prior to the 1870s that she
considers to be "folk" vernacular houses. He said that an intern has been hired by the
Iowa City Historic Preservation Commission
February 11, 1997
Page 3
City to contact people about entering their houses and get information on floor plans
and building construction methods by studying attics and basements. Kugler said that
the intern's salary is really the City's only additional contribution, that there is no in-
crease in what the City is paying Nash. He said that Nash thinks that this work will be
beneficial, especially when the Goosetown area is surveyed. Russell said that he felt
that this work could be a boost to the National Register nominations.
Kugler stated that this work would probably result in the Commission's having less time
to review the survey report. Malkmus asked if there is already a discussion in historical
preservation literature about "folk" vernacular or if Nash is developing a new category.
Kugler said that studies like this have been done in other geographical areas, but not
in Iowa that Nash is aware of.
Russell said that the Commission might want to invite Nash to a meeting. Kugler
responded that he would ask her to attend the March meeting. Shaw asked if Nash
could send an article about "folk" vernacular to the Commission, if she prefers to wait
to attend a meeting until more of her work is completed. Russell said that he thought
that this research may help with grant funding for the next phases of these projects.
College Green/East College Street National Register Nominations. Kugler said that the
proposed designations would come before the State National Register Review Commit-
tee (SNRRC) on Fdday. Russell said that the SNRRC reviews all National Register
nominations before they are submitted to the federal government, and asked if their
approval traditionally means final approval. Kugler said that this is usually the case.
Russell suggested that when the districts are approved for the National Register a
memo from the Commission should be sent to the City Council notifying them. Kugler
noted that the Mayor is typically notified directly by the State.
DISCUSSION OF HISTORIC LANDMARK PLAQUES.
Russell said that of the 36 landmarks, 21 owners have consented to have plaques placed on
their buildings. He stated that there were some minor issues to be resolved regarding dates
and spelling of names and other matters. Russell said that two owners have declined having
plaques placed on their buildings and the thirteen other owners have given no response or
have not decided. He said that he just sent a new letter to those thirteen owners.
Russell said that both landmark plaque companies agreed to send plaques for inspection, He
said that he felt that he had received a favorable response from the landmark owners. Shaw
suggested some kind of ceremony to distribute the plaques. Russell stated that they could be
presented at a City Council meeting or a press conference. Malkmus asked if the Friends of
Historic Preservation had been helpful in contributing money for the program. Russell stated
that they had given $1500 to help pay for the plaques. Malkmus suggested asking them to
participate in the presentation of the plaques. Russell agreed that it is a good idea.
UPDATE ON HISTORIC PROPERTIES TAX EXEMPTION:
Russell stated that the Johnson County Board of Supervisors passed the resolution unanimous-
ly at its January meeting, He stated that he anticipates people asking the Commission how to
participate in the program. Russell suggested compiling a packet of materials to explain how
the program works and the steps involved, with sample forms included.
Iowa City Historic Preservation Commission
February 11, 1997
Page 4
Pugh asked if the.owners have to be pre-certified by the State. Russell said that it has to be
certified that the building is eligible, that the project is certifiable, and that the amount of funds
is certifiable. He said that when all of the certification is done, then the owner can make
application to the County government.
Licht said that those who have done tax credit projects have basically already completed the
paperwork and that it is just a matter of resubmitting it. She added that people who have not
gone through the process will find that there is a lot of paperwork, including before and after
documentation photographs. Russell said that he would like to get some kind of packet together
to respond to people with inquiries and would like to make the packet easy to use.
Licl~t said a packet should be put together to be routinely sent to everyone in an historic district
and that historic district property owners with a certificate of appropriateness should get a tax
credit application. with that. Kugler asked if the credit would apply to additions and Licht
responded that it would. Licht suggested sending an outline with the packet to screen projects.
She suggested sending a copy of the memorandum on the subject, along with the paperwork
to be completed with the address to send the paperwork to and the deadline.
SCHEDULING OF UPCOMING PROJECTS:
Conservation District Designations. Russell stated that the Commission was completing
some projects and should discuss what plans to focus on in the future. Russell said that
the Commission must make judgments about the conservation districts. Kugler stated
that the Longfellow Neighborhood is interested in being named a conservation district
but that there is also a conservation district that has been recommended on Dubuque
Street. He said that one of the fraternities along the river is in danger of being demol-
ished. Kugler aid that the Dubuque Street might therefore be a higher priority. He said
that it also might be a higher pdority because it is zoned RM-44, High Density Residen-
tial and would be a lot easier to redevelop than the properties in the Longfellow Neigh-
borhood.
Russell said that the Commission should select one area to work on but that the first
one chosen will be the test case and will define the process when it goes before City
Council. He stated that the standards for conservation districts are district by district so
that there will have to be a lot of interaction with the neighbors.
Kugler said that one advantage to the Dubuque Street area is that many people consid-
er it the main entrance to Iowa City. He said that the fraternities and older homes in the
area are often cited by people as one of the things they remember about the City. There
might seem to be a compelling reason to protect this area.
Kuenzli said that he was convinced that Dubuque Street is much more at dsk. He said
that the way that conservation districts have been discussed, it assumes that criteria are
developed by the neighbors. Swaim said that it was also discussed that the criteria
would come out of the survey done of the architecture of the neighborhood with partici-
pation from the property owners. Kugler said that the conservation district report would
outline guidelines which would be done in consultation with the neighborhood. Russell
agreed with Swaim that a conservation district is based on the commonalties found in
the survey of the area.
Iowa City Historic Preservation CommisSion
February 11, 1997
Page 5
Russell said that the conservation district is one item for the Commission to concern
itself with in the future.
Update of Maps/Brochures. Russell said that the historic guide map is now in shod
supply and also needs updating in the form of a major rewrite. He said that with the first
edition, a couple of the Commission members formed a task group to research the
information, the Commission gave its approval and then the layout people in the Plan-
ning Department assembled the brochures.
o
Tax Exemption Packet. Russell said that the tax exemption packet would be another
project for the Commission to work on.
Russell also stated that two new Commission members would be appointed from the
two new historic districts and that the terms of Swaim and Russell both expire at the
end of March.
CONSIDERATION OF THE JANUARY 14, 1997 MINUTES.
Page five, last paragraph, after "Butler house's age", Shaw asked that the words "due to
inability to discover any archaeological artifacts or referential material from prior to 1870 that
would contribute to dating the structure" replace the rest of the sentence. Page one, paragraph
two, Russell asked to add the word "not" so that the sentence would read "because it was not
inside the proposed district".
Page one, under "National Register Nominations", Russell asked to add the sub headings,
"College Green Historic District" and "East College Street Historic District". Russell asked that
the same sub headings be added on page two under "Discussed Current Matters About Historic
Distdcts".
Page one, paragraph two, Kelly asked that the sentence beginning with "Kelly agreed that the
house is..." should be changed to "Kelly agreed that one part of the house is altered from the
earlier photograph and wanted more details about whether or not there would be any further
alterations that would severely change the structure of the house".
Page three, under "Discussion of Grant Projects", Russell said that the Original Town Plat
Survey, Phase II should be Phase I. On page four, paragraph three, second sentence, Russell
stated that the sentence should say "for below commercial interest rate loans".
On page five, paragraph two, Licht asked to move the phrase "to highlight an award winner",
to after the words "Trinity as their first choice". Swaim said that on page six, the last paragraph,
the second sentence contains the words "for see" which should be changed to the one word
"foresee".
She also said that on page two, paragraph six, the second to last sentence should say "build-
ing", instead of "edition". Page two, paragraph four, Licht asked that the phrase "Russell
suggested going designating", be changed to "Russell suggested going forward with".
MOTION: Pu.clh moved to a13prove the Januarv 14, 1997 regular meeting minutes, as
amended at toni~ht's meetin.q, Kellv seconded the motion. The motion carried on a vote
.of 8-0.
Iowa City Historic Preservation Commission
February 11, 1997
Page 6
COMMISSION INFORMATION/DISCUSSION:
Kugler said that there is an awards program announcement in the packet if anyone is interested
in reviewing it.
Kugler also referred to the budget memo in the packet regarding matching funds. Kugler said
that he understood it to have been approved and that it will be in the budget.
Kugler said that the "Church vs. State" article was an interesting case discussing how historic
preservation regulations affect religious properties. Licht discussed the issue as it related to a
church she had read about in Los Angeles.
Kugler cited the last page in the packet as announcements of upcoming activities that might
be interesting to Commission members.
Kuenzli asked if the Airport Comprehensive Plan was being reviewed by City Council. Kugler'
said he thought it was already adopted, but would check.
Kelly said that the Plum Grove Planning Session would be meeting on February 12 and that
they will be asking for funds from the State for the construction of a visitors' center. She stated
that she will report to the Commission on the discussion.
Shaw said that he would give the slide show at the City Council meeting and had been asked
to keep his presentation extremely brief. He discussed what he would say with the slides, and
Russell suggested that he mention the wide variety of styles and sizes in these districts.
Russell said that the June grant cycle is approaching and the Commission must decide what
projects to ask for funding for. He also mentioned the possibility of a federal homeowner tax
credit being passed by Congress in the current session. Russell said that there is now a
commercial tax credit but not one for homeowners.
Russell said that he had received a call from the Assistant City Attorney,-Dennis Mitchell,
regarding the Park House Hotel. Mitchell said that Mike Hodge had told him that he may buy
back the Hotel as part of the settlement and had two proposals: 1) to renovate it, or 2) to
demolish it and build a replica of the original.
Russell said that Liz Swenson is removing the circular window on her back porch on Kirkwood
Avenue.
Kelly said that there will be a meeting of the County historical groups at the Public Library at
2p.m.
ADJOURNMENT:
The meeting was adjourned at 6:45 p.m.
ppdadmin\mins~hpc2-12.wp5
MINUTES
IOWA CITY PLANNING AND ZONING COMMISSION
THURSDAY, MARCH 6, 1997 - 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
PREL!I¥tI ARY
Subject to Approval
MEMBERS PRESENT:
Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Dick Gibson,
Jane Jakobsen, Lea Supple, George Starr
MEMBERS ABSENT:
None
STAFF PRESENT:
Bob Miklo, Anne Schulte
RECOMMENDATIONS TO COUNCIL:
Recommended approval, by a vote of 7-0, of REZ97-0001, a request submitted by Oral-B
Laboratories to rezone a 3.74 acre tract of land located on Mall Drive from Community Commer-
cial (CC-2) to General Industrial (I-1).
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS:
Starr announced that the Housing and Community Development Commission had one new
vacancy with a term to expire on September 1, 1998, to be appointed at the April 8, 1997 City
Council meeting. He said that there are two vacancies on the Broadband Telecommunications
Commission, with both appointments to be made at the March 18, 1997 meeting of the City
Council and both expiring on March 13, 2000. Starr added that there are two vacancies on the
Historic Preservation Commission, with both appointments to be made at the April 8, 1997 City
Council meeting and both terms expiring on March 29, 2000. He added that there is an additional
vacancy on the Housing and Community Development Commission, with a term expiring on
September 1, 1999, to be appointed at the April 8, 1997 City Council meeting.
REZONING ITEM:
REZ97-0001. Discussion of an application submitted by Oral B Laboratories to rezone a 3.74 acre
tract of land located on Mall Drive from Community Commercial (CC-2) to General Industrial (I-1).
(45-day limitation period expires March 17, 1997)
Miklo said he would try to address the questions raised by the Commission at the previous
meeting. He said that he had checked into the issue of screening near the railroad tracks. He
stated that the neighborhood to the east of the railroad right-of-way is zoned RS-5 and RM-12.
Miklo added that an industrial use is required to be screened from a residential area by evergreen
trees. Miklo said the evergreen requirement can be waived by the Building Official if natural or
manmade screening is already in place. He said this had been done because of the railroad
separation of the industrial and residential areas and because of the existing trees. Miklo said if
the Commission still has concerns about the screening, the rezoning could be conditioned on the
screening.
Miklo said he had asked the Traffic Engineer to check into any potential traffic problems that
might occur when Oral-B has shift changes concurrent with school dismissal at Southeast Junior
High School. He stated that the Traffic Engineer determined that the traffic was not at a level to
Planning & Zoning Commission
March 6, 1997
Page 2
cause concern at these times, because of the number of arterial streets in the area and also
because of the capacity of Highway 6 to disperse traffic rapidly.
Jakobsen asked about the possibility of having a stoplight near the school that would say "walk
only." Miklo said that he had forwarded that question to the Transportation Planner for study.
Ehrhardt asked about the possibility of noise exceeding desirable levels should Oral-B sell the
property and whether or not this could be made a condition of the rezoning. Miklo responded that
performance standards are included in the Zoning Chapter. He said to make it a condition of the
rezoning, there would need to be evidence that the performance standards were insufficient.
Bovbjerg stated that the trees and railroad rise seem sufficient for the screening, but she asked
what would happen if the trees were removed. Miklo said the screening is in the railroad right-of-
way and that the railroad could conceivably cut down the trees, but he saw no reason why they
would. He added that if a future building permit were applied for, then the screening would be re-
quired.
Starr invited the applicant to present any additional information. The applicant had no new facts
to present.
Public discussion:
There was none.
Public discussion closed.
MOTION: Gibson moved to recommend approval of REZ97-0001, a request submitted by
Oral-B Laboratories to rezone a 3.74 acre tract of land located on Mall Drive from Commu-
nity Commercial (CC-2) to General Industrial (I-1). Ehrhardt seconded the motion.
Gibson said he felt that it is important to be supportive as a signal to industry and particularly to
businesses already existing within the City.
Bovbjerg stated that Oral-B has been a conscientious industry in the past with regard to its
landscaping and keeping the building low to the ground. She said she felt that the lights in the
area are intrusive to the neighbors. Bovbjerg remarked that there are ways of shading bright lights
so that they don't come straight at the viewer horizontally, while still providing plenty of light. She
stated that she would like to see lighting improvements incorporated into expansions.
Jakobsen said that the Rochester Avenue Hy-Vee is a good example of lighting being cast down
instead of horizontally. Miklo said that performance standards require downcast light, but that
there are still some complaints from neighbors regarding bright lights, for example, the St.
Wenceslaus Church parking lot near Horace Mann School. Bovbjerg said that she would like the
Commission to consider putting the matter on the pending list. She said lighting should not be
so intrusive as to disturb those who are not using it.
Starr said he is glad to see new industries develop and current industries expand. He said Oral-B
has proved itself to be a good corporate neighbor.
The motion carried on a vote of 7-0.
Planning & Zoning Commission
March 6, 1997
Page 3
CONSIDERATION OF THE FEBRUARY 16, 1997 PLANNING AND ZONING COMMISSION
MINUTES:
MOTION: Jakobsen moved to approve the minutes of the February 20, 1997, meeting of the
Planning and Zoning Commission as amended. Gibson seconded the motion.
Supple said on page one, number two under "Recommendations to Council," the words "by a vote
of 6-0," should be added after the word "Recommend." She also stated that on the last page
under "Other Business," paragraph two, the rest of the sentence after the word "staff" should be
changed to read "consider recommending these alternatives to developers."
The motion carried on a vote of 6-0-1, with Jakobsen abstaining due to absence.
ELECTION OF OFFICERS:
MOTION: Gibson moved to re-elect George Starr as Chair of the Planning and Zoning
Commission, Ann Bovbjerg as Vice-Chair, and Lea Supple as Secretary. Jakobsen second-
ed the motion. The motion carried on a vote of 7-0.
PLANNING AND ZONING COMMISSION INFORMATION:
Ehrhardt said she could not attend the April 14 and April 17 meetings. Jakobsen said she could
not attend the April 14 meeting. She noted that her term on the Commission ends April 30, 1997.
Bovbjerg said she could not attend the March 20 meeting.
Bovbjerg said she had attended the informal session of the City Council on Monday. She stated
that when the City Council discussed the issue of off-street parking and loading, a Council
member asked why Jakobsen had voted no on this matter. Bovbjerg said that Jakobsen's reason
was clearly stated in the Planning and Zoning Commission minutes. She remarked that she was
frustrated that some members of the City Council apparently do not read the Planning and Zoning
Commission minutes and that she would like to urge the City Council members to read them.
Bovbjerg added that the discussion at the Planning and Zoning Commission meetings should help
the City Council with its decision.
Starr said he agreed with Bovbjerg's comments regarding discussion at Planning and Zoning
Commission meetings and then repeated at City Council meetings. He said the City Council
should be privy to the information it needs, but oftentimes the facts are just rehashed.
The meeting was adjourned at 7:56 p.m.
Lea Supple, Secretary
Minutes submitted by Anne Schulte.
ppdadmin~mlns~&z3-6,min
RIVERFRONT AND NATURAL AREAS COMMISSION
WEDNESDAY, JANUARY 15,1997 - 5:30 PM
IOWA CITY CIVIC CENTER - LOBBY CONFERENCE ROOM
MEMBERS PRESENT:
J. Pugh, Thayer, Hoppin, Daniels, Goetsch, Wilson
MEMBERS ABSENT:
C. Pugh, English, Otto
STAFF PRESENT:
Neumann, Dulceak
OTHERS PRESENT:
Robinson
CALL TO ORDER:
Chairman Pugh called the meeting to order at 5:30 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
Pugh brought up the issue of staggering seats and attendance. He suggested postponing the
elections since there were many members absent and added elections could be postponed until
the new members were attending.
CONSIDERATION OF THE MINUTES OF THE DECEMBER 18, 1996 MEETING:
Wilson noted corrections to page 2 - Motion to defer elections. He said the sentence 'Them
should be a common submittal time for the communities to submit applicants to the City Council
pdor to their December appointments.' needed to be added. On page 3, Wilson con'ected the
information about the U. of Iowa opening, not hosting, the Heritage Tree Walk. On page 4 in the
last paragraph on "Other Business", Wilson noted that he opposed the letter since it would be
sent too late.
Daniels requested a change to page 3, the discussion of the by-laws. It should read" Daniels
suggested 3 consecutive absences."
Daniels motioned to approve the minutes as amended. Goetsch seconded the motion.
The motion was approved on a vote of 6-0.
DISCUSS POSSIBLE 1997 ARBOR DAY PROJECTS:
Terry Robinson, Iowa City Forester, presented Arbor Day activity suggestions. The four ideas
included: 1) planting trees in the added land in Weatherby Park, 2) the need for a few strategi-
cally placed trees in City Park, and 3) CRANDIC Park at the beginning of the Coralville\Iowa City
trail near Rocky Shore Drive, and 4) replacing trees destroyed in 1993 flood.
Wilson added the objective is to draw attention to sensitive areas and woodlands, this year's
focus. Robinson said they could plan around that focus. Wilson asked if there are any short
streets that need replanting or a park entrance that needed care. Robinson said he was working
on some grant proposals that would cover some of those areas and he would get the commission
more information on those projects. Wilson asked if the Commission could help with those grant
projects. Robinson explained the plan to plant the entrance to Weatherby Park along Taylor
Drive. He indicated this is something the Commission could help in completing. J. Pugh suggest-
ing organizing volunteer help for the plantings. Wilson said that donation drives are another
possibility. Robinson pointed out the City could use "in kind" work to match the amount of the
Rlvertrom and Nalura~ Areas Commission
January 15, '1997
Page 2
grant and explained the allocation process. He suggested adding RNAC support to the grant
requests with a mention of the volunteer efforts. J. Pugh pointed out that the Commission covers
all of Johnson County so projects in the smaller communities could be supported, as well. Wilson
noted the need for an educational focus. Robinson said that was an idea incorporated in the
grant request.
Daniels suggested replanting the trees that were removed along Washington Street in downtown
Iowa City, Robinson said those trees were on the City replanting list. Wilson asked it there were
any special places to plant trees downtown. Robinson said he would check with the person. in
charge of the Pedestrian Mall and the downtown trees to find out. Wilson said the project should
be something visible that can be made ceremonial. Daniels said a project downtown would
accomplish those goals since there is a lot of focus on the Pod Mall area. Robinson explained
how the makeover of downtown has put Pod Mall improvements on hold. Daniels indicated an
"urban woodland" focus could be part of the project, as well as the other suggestions mentioned.
Robinson said he would add Commission support to the grant application he was finishing.
Neumann asked about the Burlington Street project, Robinson clarified his support of the project
by explaining the specific conditions that need to be met for the trees to survive on the median.
Wilson suggested keeping this Commission in mind as his department develops projects.
Robinson said he would keep in contact with the Commission and work on a project list.
UPDATE ON RNAC MEMBER APPOINTMENTS:
Neumann said the County still has 2 vacancies and Parks and Recreation will be appointing a
new member soon. Pugh suggested members encourage any county residents to apply for the
seats.
Neumann revealed the results of his investigation into the appointment dates. The County and
Coralville do all appointments at one time. Iowa City is more flexible. He pointed out a discrep-
ancy for the date of the Coralville appointment. The last day of the term is December 31 and the
new term starts on January 1. Iowa City's dates could be changed to January 1 to provide
coordination. He said the by-laws will reflect the new date and the change in Iowa City's date.
PROPOSED CHANGES TO RNAC BY-LAWS:
Daniels did not support switching the elections to January because new member would not know
the Commission and it's procedures. Wilson pointed out the lay over creates a lame duck
situation in December. Daniels and Goetsch supported March or April elections. Neumann
pointed out that would create a gap the following year. Thayer asked if there was a high turn
over in members. Wilson and Pugh responded that this year was unique because of so many
resignations. Daniels recounted how she was appointed before her term started and added that
she supported allowing time for new member to attend meetings. J. Pugh asked how to move
the date to accommodate for her suggestion. Daniels pointed out that commitment for the term
is a problem. J. Pugh suggested that a member leaving the Oommission notify the Commission
as soon as possible so the appointment process can begin. Daniels said the lag in appointment
time is a problem. J. Pugh described how the replacement process could begin once the
Commission is notified and the regular appointment could all begin on January 1. Wilson
suggested the appointment process be started in November to solve the timing problem. Daniels
asked how the by-laws will be changed to reflect that suggestion. J. Pugh explained the process
of changing the by-laws.
R~,/ertr,:.nt .~n(~ Nalural Areas Commms~on
January 15, 1997
Page 3
Thayer asked about setting appointment dates. J. Pugh said the Commission can only suggeat
a change in the dates. Daniels suggested changing the posting date to October for the terms
expiring on December 31. This would allow the appointment to take place in November and the
appointee could attend the December meetings. J. Pugh wanted the staff to recommend to the
cities and County the suggested date changes to improve the Commission's efficiency. Neumann
said he would check on the state and local laws relating to the postings and double check the
procedure dates.
Wilson noted training sessions for new membere used be done. Neumann said the by-laws only
require information be provided. Wilson said the training sessions would not require changing
the by-laws. Holding the sessions would help new membere.
Daniels asked about changing the by-laws. Neumann explained how it is a difficult process and
outlined the steps. Daniels commented that article 5 of the by-laws is misleading. Wilson said
that since Neumann will be collecting the information they need to make a decision the group will
have to deal with this issue at the next meeting.
Daniels said the absence issue could also be dealt with at the next meeting when the by-law
changes are discussed. Wilson commented on a parallel absence problem on other Committees
where he is a member. Thayer asked how they dealt with the term 'excused'. Wilson said they
used notification with a good reason. J. Pugh said other committees use a call in policy. Thayer
said inconvenience should not be an excuse. Daniels said that is the problem. Neumann
explained how some merebern do call in with legitimate excuses. Daniels commented that it is
difficult to get things done with the reoccurdng absences interrupting the continuity of the Com-
mission. Wilson said the issue is of a reasonable number of absences. J. Pugh said an orienta-
tion would let membere know the extent of the responsibility and commitment the position holds.
Wilson added regular attendance is necessary and the call in policy needs to be followed.
Neumann said most of the absent members do call ahead so the Commission will need to deal
with the wording in the by-laws. J. Pugh said the word notification was needed ih the by-laws.
Wilson suggested notification and the 3 absences with a reasonable excuse. Hoppin said
members can give input even if they are not able to attend a particular meeting. Wilson
suggested the By-laws say "Members are expected to attend every meeting and must notify the
Chairperson if unable to attend. Three un-notified absences are grounds for dismissal."
Thayer asked about the dismissal process. Neumann said the Commission makes a recommen-
dation to the Mayor. Thayer indicated the rule needed clarification so it is clear it is the Commis-
sion and not just the Chair.
Daniels mentioned keeping attendance. J. Pugh pointed out the minutes reflect attendance.
Neumann charted the 1996 attendance. He indicated a majority of members missed 3 non-
consecutive meetings. Daniels commented that missing 6 meetings a year was lack of interest.
J. Pugh suggested Neumann find out the information needed on the date changes and the
members could think about the different ideas suggested. Daniels volunteered to work with
Neumann to write out the changes and take suggestions from the members. Wilson gave his
suggestions to Daniels.
R~vertront and Natural Areas Commission
January 15, 1997
Page 4
ELECTION OF COMMISSION OFFICERS:
J. Pugh said he did not want an election until the new members were attending. Daniels said this
will be a reoccurring problem until the applicants are appointed. 'Neumann said the Park and
Recreation appointee should start next month.
J. Pugh motioned to delay the eieotionl until the next month's meeting. Danieie __-~co_ nded
the motion. The motion paaaed 60.
OTHER BUSINESS:
Neumann said the Council will now recognize new appointees at a council meeting four fiBeS per
year. He pointed to the letter about the waste water treatment facilities and its relation to
Commission issues. Neumann also passed out a Historic Preservation Project nomination sheet.
Daniels suggested adding an update on the Peninsula for the next meeting's agenda, J. Pugh
also suggested adding a F.I,R.S.T. update on that agenda. Wilson suggested adding times to
the agenda to help the meetings run more efficiently. Daniels wanted an Arbor Day update
inducled, too. Wilson passed around a Special Trees brochure and discussed how it related to
potential Arbor Day actfvttles,
ADJOURNMENT:
Daniels motioned to adJoum, Hoppin seconded. The motion passed 6-0. The meeting
ended at 7:00 PM.
jcc~g~rnacl- 15~min