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HomeMy WebLinkAbout2004-09-16 Info Packet CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY September 16, 2004 www.icgov,org IP1 Tentative City Council Meetings and Work ~esision Agendas IP2 Memorandum from the Senior Center Coordinator: Update on Water Damage Resulting from a Break in the Fire Sprinkler System IP3 Letter from Director of Planning and Community Development to Ann Wade: Construction of Buildings on First Avenue IP4 E-mail from Katherine Parker: Election Day Notification IP5 E-mail from Bryce V. Plapp to Klm Johnson, Project Coordinator Public Works: Sidewalk Repair IP6 E-mail from Andy Johnson to the City Clerk: Annual Meeting for the Board of Directors of the Housing Trust Fund of Johnson County IP7 Police Department Use of Force Report August 2004 IP8 Invitation to attend: A Celebration of Centuries ~- Honoring 100 Year Old Businesses and Century Farms PRELIMINARY DRAFT/MINUTES IP9 Board of Adjustment: August 11, 2004 IP10 Parks and Recreation Commission: September' 8, 2004 IPll Charter Review Commission: September 8, 2004 IP12 Historic Preservation Commission: September g, 2004 IP13 Scattered Site Housing Taskforce: August 30, 2004 ~ .b ~ 09-16-04 ~~={t'~_ City Council Meeting Schedule and C~T¥ OF ~ow^ C~T~ Work Session Agendas September 15, 2004 www.icgov.org TENTATIVE FUTURE MEETINGs AND AGENDAS · MONDAY, SEPTEMBER 20 Emma J. HarvatHall Council Work Session Cancelled · TUESDAY, SEPTEMBER 21 Emma J. Harvat Hall Formal Council Meeting Cancelled · TUESDAY, SEPTEMBER 28 Emma J. Harvat Hall 6:30p-8:30p Special Work Session-Alcohol ISsues · MONDAY, OCTOBER 4 Emma J. Harvat Hall 6:30p Council Work Session · TUESDAY, OCTOBER 5 Emma J. Harvat Hall 7:00p Formal Council Meeting · MONDAY, OCTOBER 18 Emma J. Hah/at Hall 6:30p Council Work Session · TUESDAY, OCTOBER 19 Emma J. Harvat Hall 7:00p Formal Council Meeting · MONDAY, NOVEMBER 1 Emma J. HarvatHall 6:30p Council Work Session · TUESDAY, NOVEMBER 2 Emma J. HarvatHall 7:00P Formal Council Meeting · MONDAY, NOVEMBER 15 Emma J. HarvatHall 6:30p Council Work Session · TUESDAY, NOVEMBER 16 Emma J. HarvatHall 7:00P Formal Council Meeting · MONDAY, DECEMBER 6 Emma J. Harvat Hall 6:30p Council Work Session · TUESDAY, DECEMBER 7 Emma J. Harvat Hall 7:00P Formal Council Meeting Meeting dates/times/topics subject to change FUTURE WORK SESSION ITEMS Regulation of Downtown Dumpsters Senior Center Memorandum To: City Manager; Mayor and City Council From: Linda Kopping, Senior Center Coordinat:Or'~;~-e.%~.~..~~ Date: 15 September 2004 Re: Update on Water Damage Resulting from a Break in the Fire Sprinkler System Repairs to areas of the Center that were damaged by water when a sprinkler pipe ruptured on Monday, August 23, 2004, are running smoothly. Fortunately, quick removal of the water and water-damaged materials along with the extended use of multiple dehumidifiers limited ~he amount of damage to the facility. The necessary demolition has been completed! and repairs are underway. At this point portions of the walls, flooring, and ceiling ~tiles need to be repaired or replaced in the kitchen, ceramics room, free standing exercise room, Visiting Nurse Association suite, and fitness room. This work should be completed within the next six weeks. The estimated cost for the repair work is underi$25,000. The insurance carrier for Iowa Fire Equipment has indicated they will!fund the cost of all repairs. Cc: Senior Center Commission Johnson County Board of Supervisors 3 CITY OF IOWA CITY September 14, 2004 410 East Washington Street Iowa City, Iowa 52240-1826 Ann Wade (3~9) 3s6-sooo 524 North 1st Avenue (319) 356°5009 FAX Iowa City, IA 52245-3502 www. Jc~ov.or~ Dear Ms. Wade: Thank you for your letter of September 2® relative tO the construction of buildings on First Avenue. The properties to which you refer, as well aS your own, were rezoned in 1983 to a zoning classification which permits, among other uses, single-family, duplex, townhouse and multi-family development. When your home was built, lthe developer chose to divide the land into smaller lots that would accommodate the 3-unit structures built there. At the same time, the land across from you and the land at the corner of RoChester and First Avenue was platted to create larger lots for multi-family uses. The City CounCil at the time approved the zoning and the plat. Aisc approved at that time was a lower density zoning and plat for the single-family houses immediately east of you. Obviously, the area has developed incrementally with the single-family and your units occurring first. More recently, the market or the property Owners' wishes have precipitated the development of the multi-family portion of this area. The specific structure you refer to at 531-553 First AvenUe is a 14-unit multi-family building. It is on a piece of land that under the zoning would allow a q6-unit building. Maximum density was not achieved due to the sensitive areas on the site. It is likely that development of the lot immediately south of the 14-unit project will also be constrained by the slopes on the site. To date, we have received no new development plans for this site. Given the slopes on this property, it is likely a Sensitive areas development plan will be required which will go through the Planning and Zoning Commission and the City Council for approval. If a project is proposed which requires such review, you and your neighbors will be notified by letter if you are the owners of record of property within 300 feet of the lot. The City will also post a sign on the property to notify the public that a project is being considered. At that time you may choose to be part of the deliberations befc~re the Commission and Council. I understand the disruption this construction brings to your neighborhood and can sympathize with what you have had to endure as the construction on this site has taken so long. Hopefully, with full development of the area, these disruptions will Cease and life will settle in as it did when your side of the street was being developed. __._Sin, cerel~, ~. ~ ~inin'~g & C¢~c m ~velopment Cc City Manager u.eff'y Council 09-16-04 I Marian Karr IP4 From: Katherine Parker [katherine-parker@uiowa.edu] Sent: Wednesday, September 15, 2004 12:58 AM To: Auditor@pobox.com Cc: council@iowa-city.org Subject: procedures for notifying voters of elections and days that we are supposed to go vote To Whom It May Concern: Hello, My name is Katherine Parker, and I moved to Iowa City a little over a year ago to study at the University of Iowa. Since that day,i I have come to love Iowa City and have recently become a homeowner here. I came here from Davis, California, another progressive city with a large university in its midst. Every time there was an election or ballot measure, whether it was a school board election, ballot measures that only affected local residents or a Presidential election, the county clerk sent out information packets to all registered voters via the US Postal Service. These packets contained sample ballots and the wording of any ballot measures, bond initiatives, or proposed ordinances that were to be voted on. They arrived far enough ahead of the voting date that voters could acquaint themselves with the issues and cast informed votes. Since I moved here, I have missed two elections begause nothing arrived in the mail and I do not read the Press-Citizen on a daily basis. I think it should not be assumed that all registered voters all readithe paper every day or own a TV and watch the local government channel. I take my duty as a voter very seriously, and it pains me that twice now I have m~ssed the opportunity to have a say in how this city is governed because I was not notified that there was to be an election. Please consider changing the way you disseminate ihformation to voters so that it reaches ALL registered voters, regardless of whether they read the Press- ~itizen, the New York Times on-line, or get all their news from the Fox network. I am somewhat concerned that I will not be receiving any voter information about the upcoming Presidential election, and I think it is detrimental to the democratic process not to provide all voters equal access to information concerning the date and substantive issues to be voted on during any election. Thank you for your attention, Katherine Parker MA/MFA Candidate, Intermedia School of Art and Art History the University of Iowa (319)466-9445 09-16-041P5 I Marian Karr From: Bryce V. Plapp [bv-plapp@uiowa.edu] Sent: Sunday, September 12, 2004 10:21 PM To: kim-johnson@iowa-city.org Cc: council@iowa-city.org Subject: sidewalk repair Dear Ms. Johnson, I received notice of a cracked sidewalk piece in Hay, and I think that I sent an e-mail to you about it en Hay 16. The problem is that the cracked piece is not en my property, but rather is part of 906 Talwrn Ct. (and thus adjacent to my property at 902 Talwrn Ct.). Thus I suggested that you contact the owner, Jean Hausler, about the repairs So, far the repairs have net been completed, and I have not heard back from you. (Perhaps the e-mail did net go through.} Sincerely yours, Bryce Plapp Bryce V. Plapp, Dept. of Biochemistry, The University of Iowa 4-370 Bewen Science Building, Iowa City IA 52242-1~09 TEL 319-335-7909, FAX 319-335-9570, bv-plapp@uiowa~edu http://www.biochem.uiowa.edu Page 1 of 1 Marian Karr ~ [e~ From: andy johnson [htfjc@avalon.net] Sent: Wednesday, September 15, 2004 9:20 AM To: marian-karr@iowa-city.org Subject: Notice of annual meeting I am sending the attached press release for inclusion in the City Council's packet, if it is not too late. I have also recopied the press release below. Thank you. If you have any questions, please feel free to contact me. Andy Johnson Executive Director Housing Trust Fund of Johnson County 1700 S. First Ave., Suite 25B Iowa City, Iowa 52245 Phone: 319-358-0212 Fax: 319-358-0053 PRESS RELEASE The Board of Directors of the Housing Trust Fund of Johnson County will hold its annual meeting on September 24 at 8:30 AM in the second floor conference mom of the Johnson County Administration Building, 913 S. Dubuque Street in Iowa City. As part of its meetingi the Board will receive public comment on the 2005 Housing Assistance Plan. This document outlines the gaps iin affordable housing in Johnson County and identifies the priorities the Board will use in distribution of Trust Fund monies. Persons who are interested in obtaining a copy of the Housing Assistance Plan or who have questions about the Plan may contact HTFJC Executive Director Andy Johnson at 358-0212. eSafe scanned this email for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders 9/15/2004 PRESS RELEASE The Board of Directors of the Housing Trust Fund of Johnson County will hold its annual meeting on September 24 at 8:30 AM in the second floor conference room of the Johnson County Administration Building, 913 S. Dubuque Slreet in Iowa City. As part of its meeting, the Board will receive public comment on lhe 2005 Housing Assistance Plan. This document outlines the gaps in affordable housing in Johnson County and identifies the priorities the Board will use in distribution of Trust Fund monies. Persons who are interested in obtaining a copy of the Housing Assistance Plan or who have questions about the Plan may contact HTFJC Executive Director Andy Johnson at 358-0212. IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT i ~ [~~ August 2004 OFFICER DATE INC # INCIDENT FORCE USED 19, 48 08-01-04 4-41522 Suspicious Person The subject did not comply with the officer's request that he place his hands behind his back. When the officer grabbed him by the arm he pushed the officer and attempted to flee. The officer was able to direct him to the ground where he continued to straggle with the officers until he was handcuffed. 19 08-05-04 4-42155 Warrant Service When the officer approached the subject to speak with him he fled. The officer caught him and ordered him to place his hands behind his back. When he didn't comply, the officer used a hands control technique to place his hands behind his back. 19 08-15-04 4-43674 Warrant Service The subject who was wanted and known to go armed was ordered to the ground at gunpoint. 48 08-15-04 4-43693 Assault The subject fled on foot when he saw the officer approaching. The officer caught the subject and directed him to the ground where he continued to resist until the officer placed him in handcuffs. 58 08-15-04 4-43734 Figllt The subject, who had been in a fight, was informed that he was under arrest and that he should place his hands behind his back. The subject did not comply with the officer command and attempted to flee when the officer grabbed his wrist. The officer used a hands control technique to place the subject's hands behind his back to handcuff him. 93, 88, 34, 2, 08-17-04 4-44122 Building Search/ The officers made entry to a building 26 Warrant Arrest where they knew a burglary suspect was hiding. They were also aware that the subject had an unrelated outstanding arrest warrant. While searching the building the officers had their weapons drawn. When the subject was located hiding in a closet one of OFFICER DATE INC # INCIDENT FORCE USED the officers pinned him to the floor until he was handcuffed. 93 08-18-04 4-44465 Escape The officer located a juvenile who had just fled from his probation officer. The officer verbally and physically directed him to the ground where he was handcuffed. 11 08-18-04 4-44509 Disorderly Conduct The subject, who was under arrest, became aggressive towards the officer who then directed him to the floor where he continued to resist until he was handcuffed. 9, 6 08-20-04 4-44804 PAULA/Open When the officer attempted to stop an Container individual with an open beer the subject tried to pull away from the officer. While being handcuffed by the officer the subject attempted to flee but was directed to the ground where he continued to resist until officers could get handcuffs on him. 34 08-24-04 4-45911 Suicidal SUbject The officer responded to assist ambulance crews with a subject who was threatening to kill himself. He refused to get in the ambulance and struggled with the officer who then placed him in handcuffs. While at the hospital he made several attempts to leave and had to be held down until his medications took affect. 4 08-29-04 4-47091 Indecent C~)nduct As the officer approached the subject to speak with him about urinating in public he attempted to flee. The officer caught him and directed him to the ground where he continued to resist until he was handcuffed. CC: City Manager, Chief, Captains, Lieutenants, Training sergeant, City Clerk, Library IP8 You are cordially invited to attend / Senior Center A Celebration of Centuries · ,~ ~' 'J; 7,04'¢'~'~: ''~'~' ~,~r2~ Friday, September 24 Honor,ng 100 Year Old Bus,nesses Century Farms · 8:30 - 10 30 AM - Table displays of your business or Century Farm · 9:30- Comments from new UI Provost Michael Hogan · 2:30- Public reception honoring 100 year old businesses & Century Farms * Speakers ~ I~ ~~ · Live entertainment * Refreshments * · Contact Julie Seal at 356-5222 orjulie- seal@iowa-city.erg to reserve your table display at the Celebration of Centuries! Thanks to Hills Bank and the Senior Center 2004 Commemorative ~ost Card Postal Center to Senior Center: 100 Years at 28 South Linn Street Iowa City, IA 52240 Iowa City Mail Carder, Circa 1930 MINUTES PRELIMINARY IOWA CITY BOARD OF ADJUSTMENT AUGUST 11, 2004- 5 PM EMMA J. HARVAT HALL - IOWA CITY, CITY HALL MEMBERS PRESENT: Carol Alexander, Vincent Maurer, Dennis Keitel, Karen Leigh, Michael Wright. STAFF PRESENT: Robert Miklo, Tokey Boswell (Planning Intern), Sarah Holecek OTHERS PRESENT: Valerie Russell, Bushra Sulierean, Dilek Ince, Paul Hoherz, David Ryan, Warren Duffy, Karen Sheldon CALL TO ORDER: Chairperson Keitel called the meeting to order at 5:02 PM CONSIDERATION OF THE JULY 14, 2004 BOARD MINU~ES Chairperson Keitel accepted a motion to approve the minutes from July 14. MOTION: Maurer moved to approve the minutes from JUly 14. Alexander seconded the motion. Keitel pointed out a mistake on page fourteen, line nine, am extra letter that should be removed. Wright mentioned that on page twelve, there is a name mistakenly spelled. Instead of Joyce Baker, it should be Joyce Barker. Motion carried 5-0. SPECIAL EXCEPTION(S) EXC04-00006 Public hearing regarding an application submitted by Vale!ie Russell for a special exception to permit a commercial child care center for up to 24 children in the LOw Density Single-Family (RS-5) zone located at 735 Westgate Street. Before Miklo began the staff report, he showed slides with lLhe house in question, and the location of the property. He stated that the applicant, Valerie Russell, isi requesting a special exception to allow the establishment of a childcare center in a Low-Density Single Famdy Residential, RS-5, zone. Ms. Russell currently operates a childcare home from 735 Westgate street. Miklo explained that a childcare home is a home-based facility that provides daycare for a maximumi of 16 children in a residence. On the other hand, a childcare center is a nonresidential daycare facility fOr 12 or more children. The maximum number of children for childcare centers depends on the size of the facility and available parking spaces. Miklo mentioned that the initial application, submitted in March was requesting approval for up to 65 children. The original application did not provide the required parkir~g spaces. He said that in July the applicant submitted a revised site plan showing 4 parking spaces, which would allow for the care of up to 24 children at any one time. Miklo mentioned that if the speciali exception were approved, Ms. Russell would move out of the house and convert the entire structure into a commercial childcare center. Miklo said that there are a number of specific standards that should be met, for the special exception to be approved. The center should provide a fenced outdoor ~lay area of not less than 100 square feet per child using the area at any given time. Miklo noted that there is currently a fenced outdoor play area of approximately 5,330 square feet, which would be more than adequate to meet the standard of 2,400 square feet required for 24 children. He mentioned that no]playground equipment should be in the front and side yards, and that in this specific case, all playgroun~l equipment is located within the fenced play area in the rear yard. Miklo added that all play areas shoul~J be enclosed or protected, well drained, free from hazards, and readily accessible to the center. He mentioned that the fenced play area is located in the rear yard directly adjacent to the house, and therefore it !s readily accessible to the center. The yard is enclosed with a 4-foot high chain link fence and it is free from hazards. He said that the property is adjacent to the creek, but the yard slopes gently towards the west and therefore is well-drained. Iowa City Board of Adjustment Minutes August 11,2004 Page 2 Alexander asked if the creek could be showed on the map.i Miklo showed the location of the creek, up to the north. He mentioned that the property close to the creek is not a residential lot, and there is where the creek bed is located for the most part. Keitel asked if that iS owned by the City. Miklo answered that he is not sure who owns that lot, but he thinks that it might be the! property of a Home Owners' Association. Miklo continued the staff report saying that the center musi contain at least 35 square feet of accessible, usable interior floor space per child, excluding kitchens, ba!hrooms and halls. He noted that the childcare center will have 1,875 square feet of usable interior spaCe, excluding kitchens, bathrooms and halls, which is more than adequate to meet the 840 square feet required for 24 children. He said that the drop- off/pick-up area for the center should be designed to allow sufficient stacking spaces located in proximity to the center's entrance. The separation of pedestrian access and vehicular traffic is encouraged to minimize the extent to which children are required 1o walk,across drives or roads to gain access to the child care center. Miklo mentioned that the applicant is prol~osing to change the use of this property from residential to institutional. He said that childcare centers ;require one off-street parking space per six children in addition to one stacking space per 20 children. Furthermore, in R zones, no parking is allowed in the front yard. There are currently two parking spaces Ibcated in the garage, which may be counted towards the required parking. The applicant is proposing tb construct two additional parking spaces on the north side of the existing house for a total of four spaceS. With four parking spaces, up to 24 children may be cared for at this center at any given time. The driveWaY and garage location will allow for children to be dropped off in an area where they will not have to walk across drives to reach the door of the child care center. The proposed parking spaces on the north side of the building are less convenient and are more appropriate for employee parking, Miklo stated. Finally, Miklo said that this facility must be licensed to ol~erate, and in order to be licensed all State requirements must be met; the State is still in the process o¢ examining the childcare center application. Presenting the General Standards, Miklo said that the specific proposed exception should not be detrimental to or endanger the public health, safety, comfCrt or general welfare. During the three years that the applicant has operated a childcare home, the City has not received any complaints regarding noise, traffic or other issues that may be detrimental to public health, safety, comfort or welfare of the neighborhood. Although the proposed special exception will result in an increase in activities on this property, in staff's opinion the increase from 16 children to 24 children is not likely to have a significant effect. Miklo stated that the proposed exception should not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantia!ly diminish or impair property values in the neighborhood. He mentioned that the current childcare home is located in the Low-Density Single Family (RS-5) zone. The noise generated by a childcare center has the potential to negatively impact the adjacent six properties that have rear yards abutting the area where the outdoor play area is located. Any negative impacts of the childcare facility appear to be mitigated in part by the large rear yards of these properties and the separation of three of these properties frbm the play area by the Willow Creek stream corridor. To date there have been no complaints from neig!hbors regarding the existing childcare home. Moreover, because the proposed center operates only during working hours, it is less likely to be detrimental to the enjoyment of adjacent properties. Miklo reminded the Board that if this special exception woulld be approved the existing residence will be converted entirely into a childcare center. To assure the appearance of the property remains compatible with the surrounding residential neighborhood, staff recommends that the building be required to retain its residential exterior appearance. Miklo continued by saying that the establishment of the specific proposed exception should not impede the normal and orderly development and improvement of tl~e surrounding property for uses permitted in the zone in which such property is located. The adjacerlt properties have already been developed, therefore this special exception would not be contrary to this standard. He said that adequate utilities, access roads, drainage and/or necessary facilities should be provided. Westgate Street is a collector street that is terminated by two arterials, Melrose Avenue to the north and Benton Street to the south. Miklo said this provides good vehicular access to the proposed childcare center. This property was developed relatively recently (2000) and therefore has ade~luate utilities and services. The applicant will be required to construct two additional parking spaces on the north side of the house. Iowa City Board of Adjustment Minutes August 11,2004 Page 3 Miklo said that adequate measures should be taken to provide ingress or egress designed to minimize traffic congestion on public streets. In addition to the two! parking spaces available in the garage, the applicant will build two parking spaces north of the house. This will require a second driveway on the Westgate Street. He mentioned that grading work may be necessary to install the two spaces and driveway. Miklo said that except for the specific regulations and Standards applicable to the exception being considered, the specific exception, in all other respectsi conforms to the applicable regulations or standards of the zone in which it is located. He stated that lhe construction of this house was completed in 2000 and conforms with applicable regulations and standards of the RS-5 zone. The applicant will need to obtain a building permit to convert the building from a residential use to a childcare center. He noted that some building upgrades may be required by the Building Code. Next, Miklo said that the proposed use should be consistent with the Comprehensive Plan of the City, as amended. The childcare facility provides an essential service to the neighborhood. Conversion of the childcare home to a childcare center will allow the applicator to care for additional children, including an after-school program for children from Weber and Horn el!ementary schools. The Comprehensive Plan supports coordinated efforts to provide safe and reliable Childcare. He added that this proposal is not contrary to any land use goals and objectives of the Cor~prehensive Plan or Southwest District Plan. Given the center's location on a collector street with an iadjacent religious institution and multifamily residential uses, staff feels that the proposed childcare cen~er for up to 24 children is compatible with the neighborhood and is consistent with the Comprehensive Plan. Staff recommends approval of this special exception to allow the establishment of a childcare center for up to 24 children at any one time provided two additional I~arking spaces are provided per City code, a building permit for the change of use from residential to childcare center is approved and that the building retains its exterior residential appearance. Leigh asked if the garage spaces are considered off street parking spaces. Miklo answered that in this specific case they count toward the number of off-street parl~ing spaces needed. Keitel noted that the Board received correspondence in supl~ort and in opposition of the application. Public Hearing Opened Valerie Russell, 735 Westgate Street, said that she has been a ohildcare provider for 30 years, and a licensed teacher for 12 years. She started her business in 2000. Before that, she was an early childhood education teacher, a kindergarten teacher, and a first grade ieacher for the School District of Kansas City, Missouri. She mentioned that for eight years she successfully managed 22 children in her classes. Russell said that she presented the Board of Adjustment eight letters of recommendation. She also mentioned that she brought more letters from her neighbors; Russell stated that more parents would like to enroll their children in her Iowa City Early Childhood Education and Childcare program, and that she currently has a waiting list. She mentioned that in March 2004 she went door to door, and talked to almost all of her neighbors. She said that no one said anything against her idea of expanding her child care business; instead, she mentioned that many neighbors gave her compliments about her current business. Russell said!that 12 children from the two block area in which she resides have attended and benefited from her services. Russell mentioned that one neighbor, Paul Hoherz, expressed his concern to her about the extension of the program. She mentioned that he also signed a letter asking that the application for special exception be denied. Russell said that she would like to address some of his Hoherz's concerns. She stated that Paul said that she is doing a phenomenal job with the fourteen kids enrolled, that she is keeping her property looking nice, and that her present business has not negatively affected him. However, Russell added, Hoherz fears that she will sell the house to someone~else and that those new owners will trash out the place. Russell reassured anyone concerned that she does not have any intention of selling her house. Accordingly, she mentioned that she does not intend to t~ave anyone taking over her business. She stated that she loves her job as a teacher, which not only helps her support herself, but it also helps her to financially aid her daughter who is attending the University' of Iowa. Iowa City Board of Adjustment Minutes August 11, 2004 Page 4 Russell said that in the letter sent by Hoherz, he and some other neighbors expressed their concern about the Willow Creek issue. She said that before she I~ought the house she asked many neighbors about the possibility of the creek overflowing, and thati they all answered that the water had not overflowed in 30 years. Russell mentioned that she also asked Randy Stevens, her State Farm Insurance agent, if the property was in a flood zone, and he answered ithat it was not. Russell said that the same letter from the neighbors stated that more children playing in, or near the creek are unacceptable and not safe. Russell stated that none ~f the children from her business have ever played near, or in the creek. She said that there is a chain fence surrounding her backyard. She added that the same letter states that noise, and traffic in the regipn will increase. Russell clarified that none of the neighbors who signed the letter live on the Westgate Street. Russell asked the permission of the Board to read some of the letters sent by her neighbors. She started with a letter sent by Dr. Thomas Walz, 1 Westgate Avenue. In his letter, Dr. Walz said that he is both a neighbor of Ms. Russell, and a sponsor of a grandchild in her program. He stated that Ms. Russell is a very caring and careful professional. He wrote that he is very supportive of allowing Ms. Russell to expand her service, especially since his granddaughter was kept on a waiting list because the program was so limited in size. Next, Russell presented a letter sent by Mary Irwin, 5 Wes~gate Circle. Irwin wrote that she believes that Ms. Russell maintains a necessary service and should contii~ue it. Russell presented another letter sent by Dilek Ince. Ince wrote that her child attends Early Learners' Enrichment since January 2004. She mentioned that she and her husband are both physicians at the University of Iowa Clinics and Hospitals, and that they hardly found a care center with less strict schedule. She added that her daughter did not know English when !she was first enrolled, but she learned very quickly, and she begun to read simple words at the age of 3 ½. Ince also wrote that Ms. Russell is an excellent teacher, who makes learning a fun experience for kids. Another letter was sent by Dr. Dogar, 600 Westgate Street. Dr. Dogar wrote that Ms. Russell has been a wonderful teacher for their children for the last two years. He believes that other children could benefit from Ms. Russell's program. The business location is very cbnvenient, and there has not been any kind of trouble. Dogar added that he believes that allowing more c~hildren to enroll will be a great benefit for the community and it will also help Ms. Russell. Russell mentioned that if the special exception would be approved the only change to the outside appearance of her house would be a single line drivewayOh the north side, which would provide two off- street parking places. Russell mentioned that her neighbo~ts told her that her business does not bother them or affect them in any negative way. During the past 2 ~/ears, twelve children from the two-block area have attended her program. Russell stated that her business is compatible with the Iowa City long term Comprehensive Plan. Bushra Sulieman, said that one year ago his daughter Madeena joined the program. He mentioned that he was very insistent that his daughter would not forget ,Arabic, their native language. He said that he addressed that concern to Ms. Russell, and she assured him that this should not be a problem. He added that Madeena learned English, and she maintained Arabic. ISulieman said that his son, who is two years old is supposed to join the program if the application would I~e approved. Dilek Ince, said that her daughter started to attend Early Learners' Enrichment in January 2004. She mentioned that she and her husband are both physicians at the University of Iowa Clinics and Hospitals, and that they hardly found a care center with less strict schedule. She added that her daughter did not know any English when she was first enrolled, but she learned very quickly, and she begun to read simple words at the age of 3 ¼. She said that they are very !happy with the program, and that Ms. Russell is a great teacher, very meticulous in everything she does. Paul Hoherz, 724 Wheaton Road, said that all the water that drains from Westgate Street, Westgate apartments, and Emerald Street dump into the street gutters, and the gutters empty into the creek. He mentioned that the fence where Ms. Russell has the play area is about 5 feet from this creek area; it does not flood, but it got very close. The new proposal of the parking lot, he said, needs a retention wall to hold Iowa City Board of Adjustment Minutes August 11, 2004 Page 5 it. There will be a lot of concrete. He mentioned that he had water on his lot several times during heavy rain. He stated that the gutter could not handle it. Hoherz mentioned that the traffic on the street is solid. HD said that if there will be 24 children in the program, there would have to be one car that will drop and pick up each kid every day. The more children you have, the more cars you are going to have, he said. There is a fairly quick traffic when students come back; the police knows about it because they installed radars. Hoherz said that he heard reports saying that Ms. Russell would have 46 different children which would come during the course of the week for an hour, or according to the parents' need. He mentioned that! there would be parents coming and going all the time. Hoherz said that his major concern is the water situation. He said that he doesn't think that someone can dump water from a driveway and a parking lot into the creek without causing trouble. He mentioned that his lot is on the other side of the creek, and he keeps it onl~ for flowers, vegetable garden and trees. The parking lot is going to dump either in her back yard, or in the creek, he said. Hoherz said that he is concerned about transforming a residential house into a commercial venue. He mentioned that Ms. Russell will move out if the special exception is approved, and he asks whether she could also rent the house to students during the night. He added that it will be a commercial building, and therefore someone could do anything. Hohrez stated that the kids in the program do not bother him. He said that Ms. Russell keeps them in the house most of the time. He noted that the drop off and pickrup are his concern, because it is a very busy street and the number of vehicles on that street would increase. David Ryan, 730 Wheaton Road, said that Ms. Russell is a igreat teacher. He mentioned that his concern is transforming a residential house into a commercial venuei He asked whether there is a limit in time that those children could be there. He said that his backyard is a~djacent to hers, and the noise travels. He said that the noise does not bother him currently; his wife car~ies a similar business with four children. He added that he is worried about weekends, nights, which would directly affect their lives. Warren Duff,/, 818 Keswick Drive, said that he lived in the area for fourteen years, and that the creek does overflow when it rains heavy. He mentioned that he cares about the safety of the children, and also, about the traffic in the area which he considers terrible. Public Hearin,q Closed MOTION: Leigh moved for the approval of EXC04-000D6 regarding an application submitted by Valerie Russell for a special exception to permit a commercial child care center for up to 24 children in the Low Density Single-Family (RS-S) zone located at 735 Westgate Street provided that two additional parking spaces are provided per City code, a building permit for the change of use from residential to childcare center is approved and that the building retains its exterior residential appearance. Alexander seconded the motion. Public Hearing Reopened Alexander asked Ms. Russell to try to clarify some of the neighbors concerns regarding the schedule of the center, and the number of children that she would have. Russell said that she does not plan to be open during Saturdays or Sundays. She mentioned that she needs those days for personal reasons like visiting with her daughter, who is a student at the University of Iowa. She said that she does not want to be open after 5:30~ PM. She noted that she would prefer to close at 5 pm, but that some parents need that half hour schedule extension. Russell said that she does not plan to be open during evening. Maurer asked whether there would be children coming and going all the time, thus increasing the overall number of children enrolled, but maintaining the requirement of having just 24 children at any one time. Iowa City Board of Adjustment Minutes August 11,2004 Page 6 Russell answered that that is not the case. She mentionedithat there are a few children enrolled for half days, however most of the parents on the waiting list w~uld be interesting in full time care for their children. Russell said that she does not believe that the traffic on Westgate is bad, and she thinks that there are enough parking spaces. She noted that there is Also a bus route, which is in the advantage of parents who would like to bring their children by bus. Hoherz said that in 1980 he bought both sides of the creeks. He said that he did not want to maintain the area for houses, so he sold half of it for one dollar. He said that the City told him that the area is on the flood plain, and could not be used for building, however, he mentioned that when the City got the lot, it became construable and Russell's house was built. Miklo clarified that the lot at 735 Westgate Street is not in the floodplain area; however, some of the other houses might have floodplain area. He also said that Ms. Russell mentioned that she does not want to operate after 5:30 PM, and that if the Board is concerned about this, they can put a limitation regarding the hours of operation. Public Hearing Closed MOTION: Leigh made a motion to amend regarding the hours of operation, limiting them to 6AM to 6PM, Monday through Friday. Alexander seconded the amendment. The motion passed with a vote of 5-0. Alexander said that she was concerned when the application was submitted requiring 65 children, however, the new plan is acceptable, and she will vote ir~ favor. Alexander stated that the playground area is adequate, the playground equipment is located ~vithin the fenced yard, the interior space is adequate, the drop-off/pick-up area requirements have been addressed, and the center's operation and maintenance should meet all State requirements. Alexander said that it would not be detrimental to or endanger the public health, safety, comfort or general welfare, would not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood, and it would not impede the normal and orderly development and improvement of the surrounding property. She said that the property has adequate utilities and services, adequate measures would be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The applicant has to get a building permit for the change of use from residential to childcare center, and the childcare facility provides an essential service to the neighborhood. Maurer stated that he would also vote in favor for the reasons already given. Keitel stated that he would also vote in favor for the reaSons already stated. He pointed out that the square footage is more than adequate for 24 children. Leigh will vote in favor of the motion for the previously mentioned roasons. Wright will also vote in favor for the reasons already stated. EXC04-00018 Public hearing regarding an application submitted by Karen~Sheldon for a special exception to reduce the required front yard adjacent to 5th Avenue from 20 feet to z(~ro feet for property located in the Low Density Single- Family Residential (RS-5) zone located at 1906 G Street. Before starting the staff report, Boswell presented a slide show with the area and the house in this case. He said that the residence is located at the corner of G Street and 5th Avenue in southeast Iowa City in an RS-5 zone. The property is a narrow, nonconforming corner lot, and the street right-of-way on both frontages is much wider than is currently required for a residential street. The southern front yard measures 20 feet from the house to the property line along the G Street right-of-way, but the western front yard setback along the 5t' Avenue right-of-way (ROW) is only nine feet wide, and is therefore already non-conforming to the current zoning code. The rear and side yards, which abut an alley and a Iowa City Board of Adjustment Minutes August 11,2004 Page 7 neighboring property, are conforming. Boswell mentioned that the applicant wishes to put an addition to the house in the western front yard, which would allow e~pansion of the kitchen and dining area, the addition of a deck off the kitchen. He said that the proposed structure is nine feet wide, which would be right at the property line. Under the zoning code no erllargements or alterations that increase the nonconformity of nonconforming structures are allowed; therefore the applicant seeks a special exception to the front yard setback requirement that would make the structure conforming and allow the addition. Boswell said that subsection 6Q-4-B of the Zoning Chapter states that a special exception may be granted by the Board of Adjustment modifying yard requirements when the owner or lawful occupant of property demonstrates that such person's situation is peculliar to the property in question, that there is a practical difficulty in complying with the dimensional requirements of the Chapter, and that the conditions of Article W of the Zoning Chapter can be met. Boswell stated that the applicant has a small lot for the RS-5 zone. Dimensional requirements for RS-5 zone are 8,000 square feet of lot and a minimum lot width Of 60 feet. He said that this particular property measures 40 feet wide by 150 feet long, and is therefore nonconforming in both width and overall area. There are several other lots of this size in the neighborhood, but they are all interior lots. He mentioned that this property is a corner and this complicates the size!problems because there are two front yards, which normally require twenty-foot setbacks. Further, there is an abnormally large street ROW in this area. In Staff's opinion, this combination of factors is a uniqLie situation. G Street, as Boswell mentioned, has a 66-foot ROW, and 5th Avenue has a 75-foot ROW. In contrast, local residential street ROW under the current subdivision Ordinance is required to be only fifty feet wide. He said that it is even more peculiar that with a ROW this large, there are no city services located in the right-of-way. Neither sanitary sewer, nor storm sewer, nor wlater mains are located along this portion of 5th Avenue. He added that there is no sidewalk in the 5th Avehue ROW. Thus, even though the applicant's home is only nine feet from her property line, there is 34 feet of open space between the near curb and the foundation of the house. Even after nine-foot addition, there would be 25 feet of yard area between the home and the street. Boswell stated that this area of IoWa City is fully developed, and no expansion of utilities or services is expected in the neighborhood. Even so, the resulting area is more than enough to assure adequate space for any future sidewalks or necessary infrastructure. It is rare for primary structures to be allowed on the property line, but there are ether homes in the neighborhood that abut the public right-of-way. In particular, the home directly south of the applicant's is situated no more than one foot away from the 5~h Avenue ROW. Boswell said that due to the current non-conformity of the yard requirement, Ms Sheldon will be precluded from adding any addition to this portion of her house witho~lt a special exception. He added that the north yard is large enough to contain an addition without violation of the yard requirement, however an addition to the rear of the house is not practical to meet the desires of the applicant. Boswell stated that an attached garage separates the living areas of the house from the rest of the lot to the north. He said that as the purpose of the addition is to expand and create more room to maneuver in the dinning room and kitchen, an expansion to the rear of the house would not be useful. He added that in Staff's opinion, there is a practical difficulty in complying with the 20-foot setbackl Presenting the general standards, Boswell said that Staff considers that the proposed exception will have very limited affects on public health, safety, comfort and Welfare. He said that the addition is small and would be at least 25' from the curb. He added that sight distance would not be affected for vehicles on either 5t~ Avenue or G Street. The large public ROW and the amount of open space in the front and rear of the property will limit any negative effects. Boswell said that the addition, as proposed, will be statistically similar to the original structure and small. The addition will not directly affect use or enjoyment of nei~ghboring properties. He stated that Staff does not feel that the proposed alteration will substantially alter the neighborhood. Boswell said that many homes in the neighborhood have larger front yards than the resulting area, but the yards along 5th Avenue vary to a great extent. The house across G Street, has a setback similar to that proposed for this particular parcel. He stated that Staff finds that neighboring property should not be affected. He added that the proposed exception will not increase the population density or affect the use of municipal facilities. He said that adequate facilities exist to serve tt~e addition and no change in the ingress or egress is proposed. Iowa City Board of Adjustment Minutes August 11,2004 Page 8 Boswell mentioned that the parcel will still be nonconforming in some respects; the lot is narrower than required in the RS-5 zone, and lacks the required square footage. He said that this special exception would allow the entire structure with frontage along 5th Aver~ue to become conforming with the respect to the yard requirement. Boswell stated that Staff finds that !he exception and renovation conform to the City's Comprehensive Plan, which calls for preservation Df the existing housing stock in the Central Planning District. In summary, Boswell said that given the peculiar situation and the difficulty in complying with the setback requirement in this case, justice may be served by granting the request. The necessity for special exception is due to the unique size of this corner lot whic~h creates a practical difficulty in locating the living spaces. The addition would allow the applicant glreater use of her property, and impact on neighboring uses would be minimal. He said that the elevation drawings submitted to Staff appear to be in keeping with the neighborhood. Staff feels that given the limited options available to the applicant, granting a special exception to the yard requirement is just. Boswell stated that Staff recommends that EXC04-00018, an application to reduce the required front yard adjacent to 5TM Avenue from 20 feet to zero feet and 9 fee! in the areas indicated on the site plan for a single-family home in the Iow-density single-family residential zone, be approved, subject to general conformance with the elevation drawings and site plans submitted to the Planning and Community Development department on July 12, 2004. Keitel asked if a future sidewalk is planned on being constructed there. Boswell answered that currently there are no plans for a sidewalk but the City engineer said that this is an option. He said that 25 feet of open space is adequate for a 6-foot sidewalk. Public hearing opened Karen Sheldon, 1906 G Street, said that they do not have much room in the kitchen. She mentioned that her co-owner has a back injury, and might have to use a Wheelchair, and the approval of the application will open the space. She said that this will be conforming wilh the other properties and the neighborhood. Keitel asked if the City asked anything about the rock garden on the corner, which is in the City ROW. Sheldon said no and said that all the neighbors have sometl~ing similar in their corners. Public Hearing Closed MOTION: Wright moved for the approval of EXC04-001~18, an application to reduce the required front yard adjacent to 5th Avenue from 20 feet to zero feet and 9 feet in the areas indicated on the site plan for a single-family home in the Iow-density!single-family residential zone, subject to general conformance with the elevation drawings and! site plans submitted to the Planning and Community Development department on July 12, 2004. Leigh seconded the motion. The motion passed with a Vote of 5-0. Maurer said that he would vote in favor of the application. He said that it will not be detrimental or to endanger public health safety, comfod, or general welfare, it will not be injurious to the use or enjoyment of other properties in immediate vicinity, it would not impede the normal and orderly development and improvement of the surrounding property. He said that the property has adequate utilities and services, adequate measures would be taken to provide ingress or egress, and the proposal is consistent with the Comprehensive Plan of the City. Keitel stated that he would also vote in favor for the reason~ already stated. Alexander said this is clearly a unique lot configuration and there is practical difficulty complying with the setback requirements. She will vote in favor of the motion for the previously mentioned reasons. Wright will also vote in favor for the reasons already stated. Leigh stated that he would also vote in favor for the reasons already given. Iowa City Board of Adjustment Minutes August 11,2004 Page 9 OTHER NONE BOARD OF ADJUSTMENT INFORMATION NONE ADJOURNMENT Alexander moved to adjourn; Maurer seconded. ']'he meeting adjourned at 6:30 PM Board Chairperson Board Secretary Minutes submitted by Bogdana Rus s:/pcd/minutes/boa/2OO4/boa08-11-04.doc Iowa City Board of Adjustment Minutes August11,2004 Page 10 Board of Adjustment Attendance Record 2004 Term Name Expires 01/14 02/11 03/10 04/14 05/12 06/09 07/14 08/11 09/08 10/13 11/10 12/08 Carol Alexander 01/01/08 NM X × × NM X X X Dennis Keitel 01/01/05 NM X X X NM X O X Karen Leigh 01/01/07 NM X X X NM X X X Vincent Maurer 01/01/06 NM O X O/E NM X X X Michael Wright 01/01/09 NM X X X NM X X X Key: X = Present O = Absent O/E = Absent/Excused NM = No Meeting ..... Not a Member MiNUTES DRAFT PARKS AND RECREATION COMMISSION SEPTEMBER 8, 2004 MEMBERS PRESENT: Craig Gustaveson, Judith Klink, Margaret Loomer, Ryan O'Leary, Nancy Ostrognai, Matthew Pacha, Sarah Walz, John Westefeld MEMBERS ABSENT: David Fleener STAFF PRESENT: Terry Trueblood, Mike Moran, Terry Robinson FORMAL ACTION TAKEN O'Leary requested that the minutes be changed on page 4, last paragraph as follows: He felt the City should advoeate enforce a tobacco free facility at the park. He asked if the City charges the ........ ~ ................... Ducks Rugby Club for concessions. Moved by Westefeld~ seconded by O'Leary, to approve the August lit 2004 minutes as amended. Unanimous. ANNUAL PARK TOUR Members departed for the annual tour of park and recreation facilities. Parks and Recreation Commission September 8, 2004 Page 2 of 2 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 2004 TERM t NAME EXPIRES 1/14 2/11 3/10 4/13 5/12 6/9 7/14 8/11 9/8 10/13 11/10 12/8 Kevin Boyd 1/1/06 X ................................. David Fleener 1/1/08 X X X LQ X O/E NM X O/E Craig Gustaveson 1/1/07 X X X LQ X X NM X X Judith Klink 1/1/07 X O/E X LQ X X NM X X Margaret Loomer 1/1/08 X X X LQ X O/E NM X X Ryan O'Leary 1/1/06 ......... LQ X X NM X X Nancy Ostrognai 1/1/05 X X X LQ X X NM X X Matt Pacha 1/1/05 X X X LQ X O/E NM O/E X Sarah Walz 1/1/07 X X X LQ X X NM O/E X John Westefeld 1/1/06 X X X LQ X X NM X X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting LQ = No meeting due to lack of quorum .... Not a Member MINUTES DRAFT CHARTER REVIEW COMMISSION WEDNESDAY, SEPTEMBER 8, 2004 - 7:00 AM HARVAT HALL, CITY HALL Members Present: Andy Chappell, Penny Davidsen, Karen Kubby, Naomi Novick, Lynn Rowat, William Sueppel, Chair; Kevin Wemer, Nate Green Members Absent: Vicki Lensing Staff Present: Marian Kart, Eleanor Dilkes, Rick Fosse CALL TO ORDER Chairperson Sueppel called the meeting to order at 7:00 AM. He noted that Lensing would not be present at this meeting. APPROVE MINUTES OF AUGUST 26, 2004 Sueppel asked if everyone had reviewed the minutes. Chappell noted that on page 3, second full paragraph, nine lines down: "Chappell ~tated that the original Charter Review Commission removed this [emergency exception] from the list in the model charter..." He asked to clarify this statement by adding that it was a later Charter Review Commission that removed this, as the original Charter did have the provision on emergency ordinances. MOTION: Kubby moved to accept the August 26, 2004, minutes as written. Chappell seconded. Motion carried 8 - 0 (Lensillg absent). PUBLIC COMMENT Sueppel stated that there was one public comment from John Neff, which is outlined in a memo from John. MOTION: Novick moved to accept the correspondence from John Neff. Davidsen seconded. Motion carried 8 - 0 (Lensing absent). REVIEW CHARTER - Article VII Initiative and Referendum Sueppel noted that everyone should have received a ~copy of Dilkes' memo regarding the proposed amendment to Section 7.01 - using the word "measure" in place of "ordinance." At the last meeting, the members had asked that Dilkes review this section, and give them a proposed amendment. Kubby asked if it wouldn't be better to have Public Works Director Rick Fosse speak with them first about the time-line for capital projects issue that they had previously questioned. Members agreed. Fosse gave some background on the time-line handout that the members had been given. He noted that this is a general guideline for the projects in Public Works. Members asked general questions about projects of this nature. Kubby questioned when the public is aware of capital improvement projects - at what stage do people pay attention. Fosse stated that they now have what they call a pre-design meeting, where they go out and Charter Review Commission September 8, 2004 Page 2 meet with neighbors in the area where a project is being planned. This way they can talk with those in the area and get their concerns up front. Sueppel asked where on the time- line does the City Council become involved. Fosse explained that they do not even begin to design a project without a funding source, so this iinvolves the Council, as they must have the funding in the Capital Improvements Plan {CIP). Sueppel asked Dilkes where she draws the line between Administrative and Legislative on these issues. Dilkes gave examples from the First Avenue project, and how she made her determinations on that particular project. She stated that the Charter's current wording is not clear at all, and that this is a concern. Rowat stated that he feels using "public improvements," instead of "capital improvements," would make this issue clearer. Kubby asked where the first "legislative" issue is, after the property acquisition begins. Fosse stated that the first legislative point is, approval of the Capital Programs; secondly, the point where they would go to the Council to start the acquisition process; and the third legislative action begins with the bidding process and public hearings. The final legislative action is to accept the public improvement. Dilkes reiterated her concern on where this line is between legislative and administrative. Sueppel stated that the real question is whether the citizens should have the righl to do their own legislation on Capital Projects. Discussions continued on this issue, and whether or not the citizens should be able to stop a capital project once it has begun, and various other related issues. Sueppel asked if members would give their thinking on the present issue, and he asked Chappell to start. Chappell stated that he feels this i~ a balancing issue, and that it does need to be more clear. He likes the idea of the "property acquisition" being their "line," and is not comfortable with taking this out completely. Kubby and Green both stated they agree with Chappell. Novick stated that she would consider removing capital improvement projects if they are defined in some way, with an exception, although she is not sure yet what that exception should be. Werner stated that he is also in agreement with Chappell. Davidsen noted that she believes the citizens have a right to question capital improvement programs, and that specific projects also need citizen input. She stated she agrees with Chappell, but that this needs tO stay in in some way. Rowat stated that public input and the right to question almost anything is very important. He said it seems they are all leaning towards cutting this process off, but that there needs to be perhaps a better way to publicize these issues to the Citizens. Sueppel stated that whether there is property acquisition or not in a project, there needs to be some type of time-line, and he feels that the public has the right to vote on these issues of capital improvement by affecting Council. (TAPE ENDS) Discussion continued among the members, with questions being asked of Fosse on the time-line of City projects. Sueppel asked if anyone had anything else to add to the discussion. Davidsen stated that she felt they had had a good discussion, and that she would like to hear what Dilkes thinks about the point of property acquisition being the point of cutting off initiative and referendum. Dilkes stated this does help the line- drawing issue of capital projects, and she gave various examples of acquiring property and how the City Council handles these matters. Kan' also gave background on the types Charter Review Commission September 8, 2004 Page 3 of calls and questions the City gets from the public on how they go about stopping various projects. Sueppel asked for clarification of the city budget and how the capital improvement plan plays into this. Dilkes and Karr responded that the budget is not the capital improvement plan, but that a lump sum for the CIP is in the budget. Members discussed CIP from the past, such as the First Avenue project, and how the City handled the problems that arose at that time. Chappell stated that he would make a motion to add the exclusion, item (K), and asked that Dilkes give them some language based on his motion. The discussion continued with Dilkes asking for clarification from ~he members on the wording of this exclusion. The Commission agreed that they want to include all projects that would appear on the CIP, regardless of size. MOTION: Chappell moved to add Limitation (K) to exclude from Initiative and Referendum, public improvements after such po!nt that the City has authorized or has acquired property. Kubby seconded. Motion carried 8 - 0 (Lensing absent). Sueppel then asked the members if they were ready )o start on (J). His proposal was, "Amendments to the Comprehensive Plan and the City Zoning Ordinance are excluded, deleting the 2-acre exception." Kubby stated that she still feels this issue should be open to the public, and that she does not agree with adding the Comprehensive Plan, as suggested. The discussion continued with various members giving their views on this, and Dilkes stated that she could give them a legal opinion on this issue. Sueppel said an opinion was not necessary. MOTION: Sneppel moved to amend (J) by adding Comprehensive Plan and deleting the 2-acre exception. Rowat seconded. Motion carried 7 - 1 (Kubby voting the negative; Lensing absent). (BREAK) FUTURE MEETING SCHEDULE Sueppel asked that they skip ahead to discuss future!meeting dates as Green and Kubby have to leave early. Meetings have been set for Sep!ember 27 and 29; and October 13 and 20, with all meetings running 7 AM to 9:30 AM. Sueppel stated that he would be gone on the 20th of October, and wondered if October 11th would work. Novick asked that they plan a public hearing early in October, so that Davidsen could be part of that process, as she will be leaving the end of October. Rowat asked for clarification of what type of format this public hearing would be. Suepp~l stated that they need to make some decisions before they hold this public heating, so there will be items for public discussion. Some outstanding issues are: today's decisions of increasing or clarifying initiative or referendum limitations; the directly-elec~ted mayor issue; and the district versus at-large seats issue. (TAPE ENDS) Charter Review Commission September 8, 2004 Page 4 Discussion returned to whether or not the members 9ould meet on October 11th. It was agreed to add this date to the October schedule. Sueppel then asked if the members wanted to have the public hearing on the evening olY October 13th. Dilkes reminded them that they need to leave plenty of time in order to get packets out, a press release done, and public notification given. Davidsen stated that she feels they should have a less structured public heating, with this first one being fairly open to whatever discussions come up. (Green left mtg. 8:45 AM) Chappell statgd that he recommends that Karr come to the next meeting with a list of potential dates for public hearings, and that they add to the agenda what they want exactly for the public hearing discussion to be, as well as type of format for the heating. Karr asked for some direction from the members, and asked that they give her two or three dates, and time! of day as well. After much discussion, the members decided to meet October 1 ! and 13, from 7-9 AM for their regular review meeting, and to look at October 12, fi.om 7-9 PM for the public hearing. It was also agreed that October 20 and 27th would be regular morning meetings, and if changes need to be made to the schedule, they can always cancel. REVIEW CHARTER (cont.) Sueppel next discussed Dilkes' memo to the Commission, regarding the proposed amendment to Section 7.01 - Ordinance vs. MeasUre. A brief discussion ensued where members asked Dilkes how this amendment will make the Charter clearer, and which wording changes were made to this section. MOTION: Chappell moved to approve the amendment to the Charter, in accordance with Dilkes' draft of September 1, 2004. Davidsen seconded. Motion carried 7 - 0 (Green and Lensing absent). Sueppel reviewed what has been accomplished on Section B. Limitations, (1) Subject Matter thus far: agreed to add some language (k) to exclude capital projects after property has been acquired and amend (j) regarding goning. Various discussions took place to clarify these amendments, and Dilkes will Work with the wording and present it to the Commission. Sueppel next addressed (2) ResUbmission and the 2-year date. There were no changes or additions made here. Kuhby asked about B (3) Council Repeal, Amendment and Reenactment, and ifthe~e was, for example, an initiative that passed, can the Council be inactive on this specific issue, or must they act on it. C. Construction (1) Scope of Power - Chappell asked if the word "voters" should be changed to "electors." Sueppel stated that it would be helpful if the members would make note of language and grammatical errors, versus substantial changes, so that these changes can be adopted by the Council sooner. Discussion next turned to (2) Initiative (a) and Sueppel questioned the repeal part of this section. Novick stated that she has a problem with this one due to the wording. She would like to simplify this and say, "A petition will be valid if it repeals or amends," rather than "no petition will be invalid." Other members noted that this would be a substantive change, and Dilkes gave some examples. Charter Review Commission September 8, 2004 Page 5 (3) Referendum - Sueppel stated that he has no problems with this section. (Kubby left at 9:20 AM) The discussion next turned to D. Effeet of Filing Petition. There were no additions or changes to this section. E. City Obligations - the next section was discussed, and Dilkes' changes were noted. Discussion of Section 7.01. General Provisions was wrapped up at 9:25 AM. ADJOURNMENT MOTION: Davidsen moved to adjourn the meeting at 9:25 AM. Rowat seconded. Motion carried 6 - 0 (Kubby, Green, and Lensing absent). I 09-'16-04 I IP'I2 MINUTES DRAFT HISTORIC PRESERVATION COMMISSION SEPTEMBER 9, 2004 - 7:00 P.M. EMMA HARVAT HALL - CIVIC CENTER MEMBERS PRESENT: Michael Gunn, Michael Maharry, Mark McCallum, dim Ponto, Amy Smothers, Tim Weitzel MEMBERS ABSENT: dames Enloe, Jann Weismiller, Justine Zimmer STAFF PRESENT: Shelley McCafferty OTHERS PRESENT: David Tingwald, Eric Gidal, Helen Burford, Vicki Struzynski Olson, Doris Houser, Mike Haverkamp, W. Max Mons, R~bin Dull, Phil Launspach, Kevin Deets, Julie McNalley, Claire Sponsler, Susan Fu~rell, Dwight Dobberstein, Susan Buss-Paulsen, Clarence Haverkamp, Walter Kopsa, Jeff Dill, Jill Gaulding CALL TO ORDER: Chairperson Maharry called the meetiin§ to order at 7:0~1 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ITEMS FOR CONSIDERATION Public hearinqs for proposed local ordinance historic districts: McCafferty discussed what it means to be a local historic distr!ct, the impact that would have on property, and the process the Commission is going through at this time. She said that this hearing concerns designation of a local historic district. McCafferty said that recently there was a hearing regarding a National Register of Historic Places historic district for this area. McCafferty said this is a separate type of district that involves a rezoning. She stated that the National Register nomination plays into this process in that it determines the historic significance of the area and that it meets the criteria established by State and City code for a local historic district. McCafferty said this process began back in 1992 with the adoption of the Historic Preservation Plan, which set out various goals and objectives for historic preservation in Iowa City. She said that since that time there have been four different surveys and evaluations done on various areas in the North Side. McCafferty said the results include site information sheets for each individual property, an overall history of the area done by an architectural historian, and recommendations for where there may be districts and landmarks. McCafferty said the Commission is at the point in the process of historic overlay zoning and added that there is a long process for local designation. McCafferty said the Commission is currently holding the first of what may be one or multiple public hearings. She stated that following Commission consideration, the Commission will make a recommendation to the Planning and Zoning Commission. McCafferty said the Planning and Zoning Commission will hold two public discussions and then make a recommendation to the City Council. She said that the City Council will hold at least three public meetings to consider an ordinance to designate these districts. Historic Preservation Commission September 9, 2004 Page 2 McCafferty stated that the purpose of establishing a historic preservation overlay zone is not to prevent changes within historic neighborhoods but to manage those Changes to ensure that they are compatible with the overall historic character. McCafferty showed examples of changes that have been made in districts. She stated that some changes involved architects, and some involved design assistance from staff and the Commission. McCafferty said that the historic overlay zone is not intended to alter use. She said what it does is put in place a process by which changes to the exterior of a property requiring a building permit are reviewed by the Commission. McCafferty said that the historic preservation regulations are not intended to interfere with building codes. She said that concessions have been made to the guidelines in order to accommodate building codes. McCafferty said one concern of property owners is the process they will have to go through if their property is in a historic district. She stated that if an owner wants to make a change that requires a building permit to a property and will change the exterior, the owner has to go through the Commission's historic review process. McCafferty said this involves submitting an application, and there is an evaluation with staff. She stated that staff typically works with the applicant to ensure that the application complies with the appropriate guidelines. McCafferty said that if the owner is doing a repair and it will not change the looks of the property, he/she can apply for a certificate of no material effect. She said the certificate of no material effect is reviewed typically in two or three days by the chair and staff. McCafferty said a ~more substatntial change to the exterior of the property would require review by the Commission and would typically take two weeks in the summer and up to three weeks in the winter. McCafferty said that if the application is denied, it can be al~pealed to the City Council. She said the City Council will determine if the Commission acted in an arbitrary or capricious manner. McCafferty said the City Council cannot necessarily reverse the Commission's decision if the Commission was not arbitrary or capricious. McCafferty said the terms non-contributing, contributing, and key are applied to properties. She said that non-contributing buildings typically have been significantly altered but are still historic buildings, and hopefully in the future, their condition may be improved and they may be restored to a historic condition and reclassified as contributing. McCafferty stated that key buildings are bUildings that are particularly significant and are usually eligible for designation on the National Register or have particular prominence on the streetscape. Regarding the guidelines, McCafferty said the Iowa City Historic Preservation Handbook has been prepared by the Commission. She said that by City code, all changes to the exterior of property must comply with the Secretary of the Interior Standards for Rehabilitation. McCafferty said the Iowa City guidelines are more specific guidelines compiled by the Commission and deal with issues that are common in Iowa City. She said the guidelines primarily look at making buildings, changes, and additions consistent with the historic structures, but there is some flexibility for more creative solutions. McCafferty said the Handbook is available for $4 from the Planning Department or can be found on the Iowa City website. Historic Preservation Commission September 9, 2004 Page 3 Ronalds Street Expansion of the Brown Street Historic District~ Public hearing. McCafferty pointed out on the overhead map that most of :the Ronalds Street expansion is zoned RS-8, medium density, single-family, although there is one small area composed of two properties that is zoned RNC-12, residential neighborhood conservation with a density of twelve units per acre. David Tin.qwald, 631 North Dodqe Street, stated that his property is listed as a key property. He gave a brief history of his property, saying that it was once a residence of a blacksmith, with an addition put on in the 1870s or 1880s. Tingwald said he believes his house is much as it was 125 years ago, in terms of its exterior structure. Tingwald said he supports the expansion of the Brown Street Historic District to Ronalds Street and thanked the Commission for the time spent on this. Eric Gidal, 714 North Johnson Street, said that his property is also a key structure. He said he supports this designation and thanked the Commission for considering it. Helen Burford, 604 Ronalds Street, said her property is listed as a key structure. She thanked the Historic Preservation Commission and the City of Iowa City for efforts to nominate the homes on Ronalds Street to the National Register of Historic Places and for pursuing the annexation of this area to the Brown Street Historic District. Burford said the steps the Commission has taken to recognize this area only underscore the efforts of everyone at the meeting from this area to make the neighborhood a more attractive place to live. She said that she, like others at the meeting, actually cherishes the neighborhood and its proximity to downtown and the University, as well as the homes in the area and the history surrounding them. Burford said we should aggressively recognize this area as a historic district and recognize its cultural significance to Iowa City. She hoped that everyone would be able to work together to save the area for future generations. Vicki Struzynski Olson, 2446 260th Street, Tiffin, said she lives in rural Johnson County but owns property on Ronalds Street. She said she was unfamiliar with the process and the progress made to date and wondered whether the boundary indicated on the map has been predetermined or if it is a solid boundary that needs to be there. Struzynski OIson said the property she owns is 527 Ronalds Street, a non-historic property, and she asked if it could be notched out like the property just south of 630 Dodge Street and the property on Governor Street. McCafferty said that to the extent possible, when the boundaries are drawn the consultant and the Commission try to exclude non-historic properties. She said, however, that the Commission likes to keep boundaries clean and easy to understand, and that is most liikely the reason the boundary is drawn as it is. McCafferty stated that there are only three guidelines for non-historic properties to comply with. Historic Preservation Commission September 9, 2004 Page 4 Doris Houser, 3580 Vista Park, said she is also concerned about how the boundary was drawn. She said she is concerned for her income property at 611 North Johnson. Houser said that because this is primarily an income property, she would not want to go through the bureaucracy for every little repair, and it would also cost a little more. Houser said she is also concerned about keeping the property up and keeping in the context of the historic character of the neighborhood. She said she feels that is app!ropriate and is her responsibility as an owner of income property, and she certainly will do that. Houser said she would really like to have the Commission notch that back and have the boundary go down the alley, particularly since her property is commercial and not a single-family residence. McCafferty said the Commission received a letter from Houser, and she distributed the site inventory sheet for the property. Houser said her property is a three-plex. Public hearing closed. Ponto said that because both 611 and 614 North Johnson a~e key properties, that is probably why they are included. He said that because the underlying zoning is different, he is no longer as certain as he once was whether it is appropriate to include those properties. Ponto saiid he could probably go either way on it. McCafferty said that the other two districts that the Commission would be looking at have multiple zones within them as do some of the existing local districts. Ponto said he understood that but was thinking more in terms of this particular district. McCallum asked about the nature of RNC-12 and if it is primarily single-family residential and not multifamily commercial zone. McCafferty stated that commercial property generally has a business located within it, whereas multi-family, such as 611 North Johnson, has multiple residences within it. She said that none of these properties are zoned for commercial, but there are properties here that are residential income- generating properties. Gunn said that the College Green Historic District and the COllege Hill Conservation District both have some RNC-12 zoning. MOTION: Ponto moved to recommend to the Planning and Zoning Commission that the Ronalds Street Expansion of the Brown Street Historic District, with boundaries as shown on the existing map, be rezoned to historic preservation overlay for the purpose of designating a local historic district. McCallum seconded the motion. The motion carried on a vote of 6-0. McCafferty stated that the Planning and Zoning Commission would most likely consider this rezoning at its meeting on the third Thursday in October. She said that residents within the district as well as those adjacent to the district would receive notification by mail of that meeting. Jefferson Street Historic District. Public hearing. Historic Preservation Commission September 9, 2004 Page 5 Mike Haverkamp, 109 North Van Buren, thanked the CommisSion for recommending this area for designation. He said he has lived in the district as an owner for 18 years, Haverkamp said it is a wonderfully preserved area of town. He said there is a lot of different zoning within it; and there are a lot of different facilities within a very small area. Haverkamp said this is an area that deserves preservation, and he is very glad the Commission is looking at this area to make sure the original structures and their creativ~ uses that have evolved over the years can be held on to. W. Max Mons, 404 E. Jefferson Street, said he represents; St. Paul's Lutheran Chapel. He thanked the Commission for its work and said this is a beautiful neighborhood and area. Mons said he objects to being included in this historic overlay zone, because his is a church that has doubled in its worship attendance over the past four years, and the church is looking at the possibility of adding on to the building. Mons said he was concerned that restrictions placed on the historic building might make an addition cost prohibitive, which would interfere with the church's mission to serve the community and the students at The University of Iowa. Robin Dull, 320 E. Jefferson, said that he supports this proposal. He said his family has lived in their house for 25 years and feels that it is a unique house and a unique and special district. Dull said he hoped the Commission would vote in favor of this. Phil Launspach, 136 Koser Avenue, said he manages some of the properties in the 400 block of Jefferson Street. He asked if this was the first meeting regarding this iissue. McCafferty replied that this was the first meeting, and there was the potential for more meetings, depending on the Commission's vote. She said there would also be two Planning and Zoning Commission meetings and three City Council meetings. Launspach asked about the notification process. McCafferty said that all of the property owners were notified, based on records from the tax assessor and on rental permits., Launspach asked what percentage of the properties is commercial and what percentage is residential. McCafferty said that the churches and the University building would be considered institutional uses. She was uncertain if any of the RO zoned properties had commercial properties on the first level. McCafferty said commercial uses are allowed in the RO zone, but they are quite restricted. She added that rental properties are considered a residential use, even though they are income generating. McCafferty said the Planning and Zoning Commission would 10ok at this to determine whether it complies with the Comprehensive Plan and any other land use documents and regulations. Launspach asked what would happen if the owner wanted to tear down his key property and build a new structure. McCafferty said that demolition of a key property is really only allowed if there are structural defects. She said if there is certification from a professionail engineer that there are structural issues that would be an economic hardship to repair, then demolition might be allowed. Historic Preservation Commission September 9, 2004 Page 6 Launspach said that at least in the 400 block of Jefferson Street and at 325 Jefferson Street, the University property, there has been a lot of termite destruction. He asked if the Commission would allow the University to tear down its building, which is a key property. McCafferty said that the University is unique in that as a State entity it is not required to adhere to any municipal laws. She said that for privately owned properties, if the termite damage is so severe that the building cannot be reasonably repaired and rehabilitated, then demolition may be allowed. McCafferty pointed out that new construction would have to be approved by the Commission. Launspach asked if it is beyond his control to have several properties excluded from this zone. McCafferty said Launspach can inform the Historic Preservation Commission, the Planning and Zoning Commission, and the City Council of his wishes. Launspach said he just found eut about this meeting regarding this rezoning. Maharry said there was a question and answer session held last month, and all property owners were notified of that session. Several people in attendance said they did not receive notification. McCafferty said the notice was sent in conjunction with the National Register public hearing, which also included discussion of the local designation. She requested any address corrections from those in attendance. Public hearing closed. Weitzel said it was his recollection that the guidelines and the Commission's previous voting record show that the Commission has not restricted people from putting additions on their buildings. He said there are guidelines for the appearance, but the Commission has not stopped an addition from being built. Gunn said he is in his eighth year on the Commission, and he did not recall any time when a property owner wanted an addition when that addition was not approved. He said there is no restriction against adding to buildings; it's just that the manner in which it is done may need to be adjusted a little. Gunn said there is an idea that a project always costs a whole lot more money once it comes before the Commission, and that is just not the case. He said it can cos~ more, but sometimes it costs less. Gunn said the Commission does not just automatically add a lot of dollars to what the owner wants to do; sometimes the Commission's recommendation is for something simpler. He said the Commission does have guidelines to follow, and if the guidelines don't allow for the cheapest posSible construction, the Commission doesn't feel obligated to allow the cheapest possible construction. Gunn said the guidelines are intended for properties to have additions that are consistent with the character of the property, and that is what the Commission tries to uphold. Maharry asked if the Commission would consider making its decision pending satisfactory evidence that everyone was notified. McCafferty said that an affidavit is filed with the City Clerk giving all the addresses to which letters and notifications were senL She said she could certainly verify the addresses. Gunn said that since there may be some issue with notification and more input that people want to provide, he would like to continue this to the next meeting for further discussion. McCafferty said she would notify owners of the continued meeting. Historic Preservation Commission September 9, 2004 Page 7 Weitzel said there are a lot of factors in the consideration of a district. He said that keeping people in the district happy is one factor. Weitzel said the consultant's evidence and the benefit to the community are other factors. Regarding opposition, McCafferty said that when the rezoning gets to City Council, if there is a significant square footage, based on area, of objections, then that could require a supermajority decision by City Council. She said the final decision on this is made by City Council, and property owners have a right to object to the rezoning by filing a formal protest at the City Clerk's office. Kevin Deets, 415 Jefferson Street, asked how much square footage is in this area. M¢Cafferty said that would come into play at the City Council stage. She said that at that point, she would map out all the protests and determine the square footage based on maps from the County to see if the threshold has been met for the supermajority. McCafferty said anyone wanting an update could call the City Clerk or her office. She said the information regarding the protest for rezoning in to specific to just this type of rezoning, but applies to all rezonings. Maharry said he is confident that the City has notified people, because this problem has arisen in the past, and the Commission has wanted to make absolutely certain that everyone was notified. He said the Commission could certainly delay a vote on this pending r~view of the affidavits showing everyone was notified. Maharry said that due process is very important. He said that part of due process is adequate notification. Maharry said he thought it would be of benefit to look into this Ko see that everyone was notified. Weitzel said that if there are objections, the Commission will want to hear why the house doesn't comply with the historic district. He said the Commission has heard specific complaints about the restrictions, but for a standard, single-family house or a mixed use home with an office or apartment, he did not see what the Commission would be doing that would be changed by just a simple, negative response. Weitzel said that strict use questions are under the purview of the Planning and Zoning Commission. McCallum said he would support a continued hearing. MOTION: Gunn moved to table discussion of the Jeffeirson Street Historic District to the Historic Preservation Commission's next meeting. Gunn said he did not believe this would not eventually pass, although he said the Commission may make some changes to the district or the guidelines. Gunn said deferral would give people another chance for input. He said that sometimes districts take six to eight monrths to iron out. He said he thought something would go through here but thought it would take another meeting or two before the vast majority of people within the district are comfortable with it. Gunn said that comfort level takes time and an educational process. McCallum seconded the motion. Ponto agreed that it is reasonable to hold another meeting at this issue. Historic Preservation Commission September 9, 2004 Page 8 AMENDMENT TO THE MAIN MOTION: Gunn moved tO amend his motion to call another public hearing if a public hearing is required to take action. :McCallum seconded the amendment. The motion~ as amended~ carried on a vote of 6-0. Smothers said she would like to move forward at the next meeting and receive positive input about what people want to have happen in their neighborhoods, rather than focusing on the issue of notification. Gilbert-Linn Street Historic District. Public hearing. Julie McNalley, 317 Fairchild, said she supports this proposal. She said that she and her husband think it is a great idea. McNalley said she has lived in the neighborhood for four years and is really excited about this possibility. She said she thinks this would help maintain the neighborhood as a wonderful place to live close to downtown. Claire Sponsler, 413 North Gilbert Street, said that she s~rongly supports the district and thinks it is a wonderful opportunity for preserving a unique part of the North Side and for making sure the neighborhood stays a viable place. Sponsler said the area has an eclectic mix of people where renters, homeowners, and businesses can thrive. She said there are a number of businesses and property owners already within the North Side that inhabit historically significantly buildings. She said those buildings are being kept up, and those businesses appear to be thriving in these historic buildings. Sponsler said she did not see any conflict between commercial use and historic preservation. She said the historic preservation possibility would be an asset for everyone who is part of the proposed district. Sue Futrell, 311 Fairchild Street, said her property is a key property in the proposed district. She thanked the Commission for moving ahead with this, and she spoke in support of the designation. Futrell said she and her husband have lived in Iowa City for over 30 years, mostly in the older neighborhoods. She said she owns her house in this neighborhood and also owns a single-family rental property in the Longfellow Neighborhood, and she is therefore familiar with the historic designation from both an income- generating standpoint and as a resident. Futrell said she has done maintenance and improvements to both properties and feels it is important to do so in a way that is consistent with the historic style of the neighborhood. Futrell said part of what makes Iowa City a unique and attractive place to live are the unique and unusual older historic neighborhoods in town. She stated that will be increasingly important to Iowa City economically as it tries to attract and keep people in the City. Futrell said there are lots of sections of town that have been expanded and are being built up, and there is a considerable proportion of the City now that has been built in the last 40 or 50 years. She said there are only a few relatively small pads of town that have the possibility of being preserved as historic areas. Futrell said that makes this even more important. Historic Preservation Commission September 9, 2004 Page 9 Dwight Dobberstein, 326 N. Linn, said that he owns a couple,of houses other than the one he lives on in the 300 block of Linn Street. He said that he has lived there for over 30 years. Dobberstein said that he is an architect and has worked on quite a few projects that have received recognition for historic preservation. Dobberstein said he is familiar with historic preservation and applauds its use for individual buildings. He said, however, that he finds the whole idea flawed for a neighborhood. Dobberstein said he did not see how one could preserve a neighborhood, because there would be the issue of picking a historic period for preservation. He stated that the neighborhood has been evolving since he has been there. Dobberstein said the neighborhood has changed from single-family to student rentals. He said the neighborhood changed a lot in the 1970s. Dobberstein said that he has made a number of changes to all three of his buildings, and he believed that many of those changes would not have met the guidelines. Maharry said there are many things in the guidelines that the Commission recommends but absolutely does not require. Dobberstein said the changes he has made to his houses have been solely to make them more livable, particularly the addition of bathrooms and upgrading of kitchens. Weitzel said the Commission does not oversee where bathrooms are or where kitchens are. Dobberstein agreed but said an addition also changes the outside appearance of a building. Weitzel said the Commission usually looks for a compatible way to add on to a building. McCafferty said that there are a number of terms defined under the Secretary of the Interior Standards including preservation, rehabilitation, restoration, and reconstruction. She stated that what the Commission deals with in terms of its regulations is rehabilitation. McCafferty said that rehabilitation is defined as, "the act or process of making possible a compatible use for a property through repair, alterations, and additions, while preserving those portions or features which convey its historical, cultural, or architectural value." She said that is very different from preservation, which tries to preserve something as is or restoration which preserves something at a specific point in time. McCafferty said the guidelines are intended to allow changes while identifying the features that are significant to the property and preserving those features. She said there is latitude, however, to allow changes of use. Dobberstein said he is concerned that his next changes will not be approved. He said he would prefer to have his own say when it comes to his property, and that is why he objects to this rezoning. Dobberstein said he favors historic designs on many buildings that should be preserved. He said he did not think this is appropriate for the neighborhood. Dobberstein said he thought it would kill the vitality and creativity of the neighborhood. He said that architecture is an art and should be an expression of what one is thinking and feeling and of the times. Dobberstein asked who is to say that the changes made today will not be historic 50 years from now. He said the neighborhood is evolving, and he would not know what time or period to keep. Smothers said that she would not pick a time period to keep for any property in Iowa City. She said the Commission does believe in the evolution of buildings. Smothers said the guidelines are not to control or Historic Preservation Commission September 9, 2004 Page 10 stifle creativity. She said it would be good to witness what the Commission goes through when people come for suggestions. Smothers said it is not as controlling as some believe. Dobberstein applauded the members of the Commission for their efforts and time in serving on the Commission. He said that a lot of the guidelines are excellent, and he has followed most of them. Dobberstein said, however, that he did not feel his changes would have been approved. McCafferty said the Commission would be interested in looking at Dobberstein's projects. Weitzel said the Commission works for compromise and solutions that are wimwin for everyone. Sara Buss-Paulsen, 416 North Linn Street, said that she and! her husband very much support this proposal. She stated that this neighborhood is very important to the vitality of the City, and part of what makes it so valuable is the way it looks. Buss-Paulsen said that everyone wants to have control over decision-making in connection with their properties, but even if this does not go through, there are all kinds of restrictions on what one can do with his property. She said that the issue is which restrictions people want, as a community, to support. Buss-Paulsen said that to answer that question, we have to ask what are our goals as a community. Buss-Paulsen said she is speaking not just as an owner of 416 North Linn Street but as a citizen of this town. She said she would like the town to thrive and continue to be a beautiful place to live. Buss-Paulsen said that if we as citizens don't think about how to make certain that is true, things can get away from us. She said that most of what happens in any organized collection of human beings happens because of a lot of decisions that people make about how they are going to live together and organize themselves; it is not just a fact of nature. Buss-Paulsen said this proposal is a very good one, and from what she has heard, it should not restrict creativity or represent significant limitations that are incompatible with aims that we should all have as citizens who love our city. Phil Launspach asked if there is an appeal process if Dobberstein had wanted to do something the Commission felt was inappropriate and it was denied. McCafferty said the appeals process determines whether the Commission's decision was arbitrary or capricious. Launspach said his family is originally from Dubuque, and he asked if there are historic districts in Dubuque and if this is fairly common throughout Iowa. McCafferty said she could look up and provide more statistics regarding this. She said there are historic districts in Dubuqule that are local districts and are regulated. She added that regulated historic districts are not a new phenomena. Clarence Haverkamp, 619 North Linn Street, said his property is designated as a key property. He said that he has lived in the neighborhood for approximately 18 years. Haverkamp said that during that time, he has seen a shift from landlord/rental type properties to owner-occupied properties. He said he has seen a lot of houses undergoing changes to bring them back to what they perhaps were at one time or to something close to what they were. Haverkamp said he would like to see this become a historic district because, as a single-family property owner, he would like to have some kind of guarantee that the, property he is fixing up is going to maintain its Historic Preservation Commission September 9, 2004 Page 11 value, rather than having the house next to his come up for Sale and go back to being a rental property. He said that is very important for this type of neighborhood. Havarkamp said that some rental properties are very good, but some are not. He said that when a property is s01d for a rental property, one cannot be certain which way it will go. Haverkamp said he would like to see the Commission vote yes for this because of a guarantee to single-family properties. Walter Kopsa, 330 Ashwood, said he was at the Commission's meeting a couple of weeks ago at which there was significant opposition to a National Register designation. He said he was surprised to find out that before the National Register designation is approved, the Commission is going ahead with the local designation. Kopsa asked if this were standard operating procedure. McCafferty responded that the purpose of the National Register nomination is to determine historic significance. She said that what the Commission has done in the past, as well as in this case, is to take the National Register nomination to the point where the CommisSion knows it meets the criteria of State and City codes for historic significance. McCafferty said this district has not been officially listed yet, but there is substantial research and documentation that the criteria are met. Kopsa asked if that had been resubmitted to the State because the boundaries have been changed. McCafferty said the proposal was resubmitted to exclude the commercially zoned properties. Kopsa asked if the affected property owners would be re-notified for a chance to send in an objection. McCafferty stated that the National Register nomination for the revised district will I~e reviewed February 11, and property owners will receive notification of the February 11th review from the State. Kopsa said he has owned properties in this district since 1982. He said he owns two properties here, and they are both rental properties. Kopsa said he has always maintained his properties and feels they are nice- looking properties, but he has no interest whatsoever in becaming part of a historic preservation district. He said that he does not feel he needs to come before a commission every time he wants to make changes to his property. Kopsa said the City's present regulations are quite enough. He added that, with regard to Clarence Haverkamp's comments, the historic designation has nothing to do with use. Kopsa said the Commission does not really know how many people are for or against this. He said that for something this drastic, it seems there should have to be some kind of census from everyone owning property in the district to find out how they feel about it. Maharry stated that this is a participatory democracy. Everyone is notified of the issue and has the opportunity to participate. It is not the City's responsibility to elnsure that everyone participates. McCafferty said that property owners will be notified of the Planning and Zoning Commission meetings. She added that notice will not be sent regarding City Council consideration, but the agenda is published in the newspaper and on the City website.. Jeff Dill, 720 Rosebud Court, Coralville, said he has lived in this area for 15 years, first as a student. He said he recalls thinking what a wonderful and nicely maintained area this was, including the rental properties. Historic Preservation Commission September 9, 2004 Page 12 Dill said that he now owns a rental property in this area and feels like he takes good care of it. He said he opposes this, because he doesn't feel he should have to go thorough red tape and have someone tell him what he can or cannot do with his property. Jill Gauldin.q, 225 East Davenport, said she is in favor of the district, in part because in the end, it honestly will be the best solution to meet most people's needs most effectively. Gaulding said this neighborhood is a treasure to the commu~nity on a number of levels. She said that it is especially beneficial to downtown. Gaulding stated that resiidents struggle with the character of downtown and would like it to not just be bars but also have stores to shop in. She said that she and her neighbors shop downtown, and there is fairly good evidence that it will be hard to maintain downtown unless pedestrians keep flowing through there. Gaulding said that another way in which having this neighborhood preserved benefits the entire community is that having a district is recognized nationwide as a signal of quality, and quality in terms of a community that works together around pleasantness of life issues. She stated that Iowa City is often on lists of best places to live. Gaulding said that one of the factors used to decide whether a town is a good place to live is how many historic districts it has. Gaulding said that she appreciates a neighborhood that looks nice and is well cared for. She said that for her, the most important thing about the historic designation and tlhe zoning that goes with it is an indication that this is a neighborhood that is committed to working together ~o make this a pleasant place to live. Gaulding said that if only students live there, there won't be the same kind of character. She said that a certain balance is needed. Gaulding said that to get families to live there, there needs to be some sort of signal and a sense of comfort. She said having this historic designation is a signa~ to people. Gaulding said she appreciates people's concerns about being told what to do. She said that owners are told what to do a little bit anyway, and this is just a tiny layer above that saying that there will have to be some discussion before someone can put a deck on his house. Gaulding said she appreciated the Commission considering this as a district and said that she thought some of the concerns that people have could be worked out. Public hearing closed. Ponto asked people in attendance if they received notification and if that was an issue for this district. Kopsa said that he believes that when people received the second letter, they didn't read it carefully and thought it was something else to do with the National Register nomination. He said that many people apparently were not aware that the Commission was moving ahead with local designation. Kopsa asked if this would go through the Planning and Zoning Commission and the City Council before that National Register designation. McCafferty said that with the way the timing is at this point, it is likely that it will be coincidental with that designation. Historic Preservation Commission September 9, 2004 Page 13 Gunn said that the Longfellow local historic district was in place before the National Register district. He said there has been some opposition to every district the Commis!sion has passed since he has been a member. Gunn said that he believes that what the Planning and Zoning Commission and the City Council look at is the public good that comes out of it and the number of people who will benefit as opposed to the few people who are opposed. Gunn said that sometimes there are more than just a few people opposed. He said that once people understand what the Commission does, however, they become more comfortable with the process. Gunn said the Commission does not require all sorts of expensive, ridiculous things. He said there are now 1,700 to 1,800 properties under design review, and the process goes on rather smoothly considering how many properties are involved. Gunn said he thinks the value of this will in time convince most people. Maharry said the Commission had also received a packet of letters and for this particular district. Kopsa said that the Commission had received well over 20 letters in opposition to the National Register designation. He said the people who wrote those letters would obviously also oppose a local designation if they opposed the National Register designation, as the National Register designation is much less restrictive. McCafferty said that the letters are all available in her office for anyone who wants to look at them. Maharry said the Commission is reviewing whether this is a good or bad thing for Iowa City. He said that whether this is historic or not was considered in the vote for the National Register District and whether the Commission agreed with the findings of Marlys Svendsen. Maharry stated that this is consideration of whether, after receiving input from the public, this is a good proposal to put forward. McCallum said, regarding the National Register District, the Oommission did listen to the public and did make modifications, and that is reflected in the boundary map for the local district. He added that he is an investment property owner of a multi-family building in a historic district. McCallum said this is the second property he has owned in a historic district. He said he has rio vacancies and has benefited from this; it has been a good thing for him. McCallum said that people are looking for this type of housing and sense of place. He said that he does not always buy into the economic argument that this will hurt investment property owner per se. McCallum said that he is a realtor, and he is seeing higher property values for conversion to single-family homes right now. He said that in this neighborhood, this is a segmented marke~, and there are higher property values on small, single-family homes than on some of the investment properties. McCallum said he thinks that with the district, the highest and best use may again become single-family homes in these neighborhoods. He said that the demand is there, and he did not think a district would hurt either investment or single-family property owners in this area. MOTION: Gunn moved to recommend to the Planning and Zoning Commission that the Gilbert-Linn Street Historic District, with boundaries as shown on the existing map, be rezoned to historic preservation overlay for the purpose of designating a local historic district. Weitzel seconded the motion. Historic Preservation Commission September 9, 2004 Page 14 Maharry said there are a lot of arguments on all sides of the issue. He said there appears to be support by residents of the neighborhood for this, and there are also I~ersuasive arguments as far as economic and neighborhood-defining characteristics that make this a good idea. Maharry said he supported this. The motion carried on a vote of 6-0. McCafferty urged anyone with additional questions or anyone seeking additional information to contact her. CONSIDERATION OF THE AUGUST 26, 2004 HISTORIC PRESERVATION COMMISSION MEETING MINUTES: MOTION: Ponto moved to approve the minutes of the August 26, 2004 Historic Preservation Commission meeting, as written. McCallum seconded the motion. The motion carried on a vote of 6-0. INFORMATION AND DISCUSSION: 14-5E-19 Responsibilities of Owners Relating to the Maintenalnce and Occupancy of Premises (Demolition by Ne,qlect): McCafferty said the information is already in the code under the Housing Code. She said that this ordinance change would emphasize this portion of the code and apply it to commercial use, if applicable. McCafferty said that it currently only applies to residential uses. ADJOURNMENT: The meeting was adjourned at 8:54 p.m. Minutes submitted by Anne Schulte Pcd/min utes/hpcJ2004/9-9-04hpc.doc Historic Preservation Commission Attendance Record 2004 TelT~ Name Expires 01/08 02/12 02/26 03/11 04/08 04/22 05/13 05/27 06/10 06/14 07/08 07/22 08/10 08/26 09/09 10/14 11/11 12/~] A. Smothers 3/29/05 NM X O/E X X X X O/E X X X X X X X J. Enloe 3/29/06 NM O/E X X X O O O O O O O O O O M. Gunn 3/29/07 NM O/E O/E X O/E O/E X X X X O X X X X M. Maharry 3/29/05 NM X X X X X X X X X X X X X X M. McCallum 3/29/06 NM X X X X X X X X X X X X X X J. Ponto 3/29/07 NM X X X X X X X O/E X X X X X X P. Sueppel 3/29/06 NM O/E O/E X X X X X X O X O ............ J. W¢issmiller 3/29/06 ........................................................ O T. Weitzel 3/29/05 NM X X X X O/E X O/E X X X X X X X J. Zimmer 3/29/07 ................ O/E O/E O/E X O/E X O O X X O Key: X - Present O = Absent O/E = Absent/Excused NM = No Meeting ..... Not a Member MINUTES SCATTERED SITE HOUSING TASKFORCE AUGUST 30, 2004 CITY HALL, LOBBY CONFERENCE ROOM MEMBERS PRESENT: Don Anciaux, Jerry Anthony, Darlene Clausen, Matthew Hayek, Jan Left, Jan Peterson, Sally Stutsman MEMBERS ABSENT: Joan Vandenberg STAFF PRESENT: Tracy Hightshoe, Steve Rackis OTHERS PRESENT: Phil Jones, Von Stange (Residence Services, UI) Steve Gordon, Dan Smith, Joan Tiemeyer (Iowa City Homebuilders Assoc.) Heather MacDonald (Professor, Urban & Regional Planning, UI) CALL TO ORDER: Chairperson Hayek called the meeting to order at 5:10 pm. Approval of August 2, 2004 and Auqust 16, 2004 Minutes: MOTION: A motion was made by Anciaux, seconded by Stutsman to approve the August 2 Minutes with corrections of typographical errors. Motion carried 7-0. Hayek requested deferral of approval of August 16 Minutes, as he did not receive them. All agreed. Stutsman noted that alternative Minute format from August 16 was easier to read and preferable to the previous format. Presentation by University of Iowa Residence Services Phil Jones and Von Stange of University of Iowa (UI) Residence Services presented data on students housed by the University. Stange reported that residence halls have been at or over capacity for approximately the last 10 years. Residence halls house mostly freshman and sophomores, and the UI is committed to housing all incoming freshman to assist with the transition to college life. UI also maintains 694 - 2 BR apartment units on the west side of campus, with 60-65% of the occupants being married. Hayek: What have been recent changes and trends in student housing, and how does enrollment affect on-campus housing? Also, what are percentages of students in UI housing versus the private market? What impact do the students have on the private market? Stange reported that UI houses approximately 90% of the freshman class and 27% of the sophomore class. Numbers drop drastically for upperclassmen and graduate students. Percentage of freshman housed is consistent with other comparable universities, and has been consistent over past years. Jones estimated UI enrollment at 29,000 to 30,000, including graduate students. Jones predicted that the current housing status would remain lhe same unless changes occur in overall enrollment of the University. Jones further reported that UI enrollment is unlikely to increase significantly in the foreseeable future, as no increase in classroom space is occurring or planned. UI currently houses over 5,600 students in the residence halls, comprised mostly of freshmen and sophomores. Upperclassmen in residence halls are generally in Resident Advisor (RA) positions. The UI is working to reduce density in residence halls by reducing the number of triple rooms. However, all entering students are guaranteed housing, so the number of triple rooms varies. UI considers increases in capacity with concern directed towards educational needs. Ul does not have any designated grad student Scattered Site Housing Taskforce Minutes August 30, 2004 Page 2 residence halls, but apartments are available for married students, where priority is given to students with dependents. A large number of students living in these apartments are from foreign countries. Plans are currently underway for changes and new residence halls, including studies overseen by Stange to determine the ideal size of additional residence halls. Residence halls are moving towards single or suite-style living arrangements. Long-term plans at UI may lead to housing for as many as 6,500 students. Anciaux asked for the number of freshmen and sophomores currently in residence halls. Jones answered about 4,000 freshmen and 2,300 sophomores. Hayek: Are numbers stable or expected to change, and has a decrease in number of triple rooms affected residence halls? Jones reiterated that there has been no increase in classroom space, so no increase in enrollment is expected. Graduation classes are gradually decreasing over the past decade, though Ul's market share has stabilized. The number of triple rooms varies, and has increased in past few years in order to accommodate incoming freshmen classes. Hayek: What is the planned capacity of the new west side residence hall? Jones said that the needs are still being assessed. Jones noted that the original plans were for 500 beds, but it may be anywhere from 250 to 500. He also said that the new space would be replacing some lost capacity due to a planned renovation of Slater Hall. Stange added that the timeline for increasing overall residence hall capacity is long, as the renovation of current facilities will take several years. Hayek: Were numbers of students housed prior to the 1970's significantly different than current numbers, or have they been consistent? Jones reported that there was a surge in numbers in the mid-1970's, but nothing significant since. A large building boom in residence halls in 1960's, and during recent years due to the renovation of older space. Unless universities are increasing enrollment size, there is little reason to increase housing capacity. Hayek inquired about the affordability of private market units for students and whether there has been any change in the ability of an average student to rent in Iowa City. Jones reported that it appears to be easier this year, as he has seen an increase in listings through the Housing Clearinghouse. He said that the market seems to be softer right now as incentives are being offered by apartments in order to fill their units. Jones also noted that market rates do not affect UI housing rates, as residence hall rates are determined by costs. No State money is allocated for residence services, so residence halls must cover all operational costs, including food, labor, and renovations. Stutsman: Does UI do outreach to help students, such as Iow-income or foreign, to find housing? Jones replied that foreign students typically live in University Apartments, and residence halls are the choice of lower income students. Jones said the reality is that it is less expensive to live in residence hall with a meal plan than in an apartment. Hayek: Have there been changes in the affluence of students in past decade, thereby allowing students to bypass less expensive university housing? Jones said that housing near the university has responded to student demands, by improving the available housing and then renting at higher rates. Jones said that some students could pay $500 to $600 per person, and these higher end units typically few vacancies. Jones recommended consulting the landlords for more detailed information. Anciaux: What does the University pay the school district for busing? Stange reported that the University pays for busing to and from school for children from University Apartments, plus a subsidy to the school district to cover tuition costs. Strange said that this subsidy payment is essentially in lieu of property taxes. He said that last year the university paid $200,000 for busing, which varies from year to year, and is based on the number of students in the ICCSD. Strange noted that the ICCSD students range from in age from elementary to high school. Hayek: Are University Apartments on west side of town the only apartments? Jones confirmed that those are the only apartments supported by the University. The Parklawn building was recently converted to housing for persons living alone. Hayek: What are the plans for University Apartments? Jones said that all plans are on hold and the capacity will be maintained at its current level, and the units will be kept safe and clean. He said that studies are being done to determine what would be best improvements for that complex, but any significant improvements would require raising the rent substantially or obtaining a large University subsidy. Scattered Site Housing Taskforoe Minutes August 30, 2004 Page 3 Jones also confirmed that based on numbers of students living in residence halls, and accounting for numbers who live at home during school, between 24,000 to 25,000 students do not live in university housing. Hayek: Are statistics on housing website correct? If the numbers are correct it is estimated that 75% of students live in housing provided by the private market live in iowa City, and 25% live in Coralville. Jones did not know the proportion, nor did he have statistics on numbers of students living in the private market or the number of those who have children. Presentation by Iowa City Area Homebuilders Association Smith began by thanking taskforce for inviting them to speak at the meeting, and stating that homebuilders' goal is to build housing for all income levels. Current trends in the market are highlighted by an increased interest in condos, as it is difficult for mid-range professionals to afford single-family homes. Gordon added that it is more difficult to build affordable single-family homes, as land values and raw material costs continue to rise. Condos and townhomes are more affordable and still give pride of ownership. Stutsman: Is there an increased demand for condos, or are multi-unit developments labeled as condos after they are built, in order to capitalize on the market trends and tax assessment laws? Also, who tends to live in condos? Gordon said there is currently a large demand for that type of housing. Developers base decisions to sell or rent multi-unit buildings on a number of factors, such as demand and margins. Some seniors live in condos, as well as grad students and residents, but majority are young graduated singles or couples without children. Gordon's condos are located in the Saddlebrook subdivision on southeast side of Iowa City. Smith added that some people like condo living and are taking advantage of Iow interest rates. The market is very soft and the market is "churning." One barrier to building is the development approval process, specifically zoning, the design review process, and the approval timeline. The timeline varies, depending on various factors, from weeks to over a year in process, and ail delays, reviews, and submittals have costs to the developers. Stutsman: Is there interest in the area for tract homes? AJso, are developers interested mainly in higher- incoming housing? Smith replied that there is a correlation between amenities and costs. All developing is speculative, and most people try to fit into a certain niche in the market in order to sell developments and cover their overhead. Gordon also noted that there are all kinds of development going on in the area, bo{h Iow and high income. Zoning is an issue that impacts that. If a developer has an idea that fits into an existing zone, the process is clearly laid out, but if the development doesn't fit into the zone, the process gets bogged down. Developers will put multiple units following the same building plan into an area, but zoning determines how much of this can be done in a given area. What developers build depends on what land they own and what the zoning permits. Hightshoe: Do you think the rewrite of the City's development code will make this better? Smith reported developers are looking for more flexibility, and there is a shared goal that this will help serve. All the restrictions bog the process down and ara not efficient for the developers or the City administrators. Anciaux: What is the difference in the cost of land in Iowa City versus Coralville and North Liberty, and how much of a percentage does the land cost figure into the total cost? Gordon repoded that land in Coralville and North Liberty is more expensive than Iowa City. Approximately $35,000 per acre in North Liberty, and with an average three houses on one acre, that makes the land cost about $10,000 to $12,000 without infrastructure. Stutsman: What is the average price of condos expected to sell this year? Gordon reported $90,000 to $92,000. Hightshoe: Apart from approval process, what would help the City encourage development of modest, affordable housing? Smith replied that "one-stop shopping" in the approval process, and more flexible zoning. Also establishing a shared vision on how the community will develop. Agreement on Building Code interpretation. Hightshoe: Are building codes between Coralville and Iowa City the same? Smith said that they agree for the most part, though everyone has their own interpretation on different aspects. Estimates that at a minimum Iowa City, Coralville, and North Liberty all adhering to 2001 International Building Code. Scattered Site Housing Taskforce Minutes August 30, 2004 Page 4 Hayek: Would like to give more context of the taskforce and background. The taskforce is responding to concerns expressed at the City level about concentrations of Iow-income housing. He said that the taskforce is to evaluate whether there is a concentration of subsidized housing and what the impact of these concentrations may be. Hayek is also interested in developing a working definition for "concentration" in this context. Also, Hayek said that the taskforce may be making recommendations on how the City could look at this issue, rather than coming up with specific Development Code or changes to the approval process. Last, do the homebuilders think there is a concentration of this type of housing? Smith responded that based on the theory of economy of scale, there are concentrations of Iow income housing due to condo or apartment complexes. However, this may not be what the taskforce is looking for. Zero-lot and duplexes are scattered throughout the city. Hightshoe: What would entice developers to devote a percentage of their developments to affordable/Iow income housing? Smith reported that incentives would vary between groups. What sort of housing is also influenced by what kinds of buildings will work within the character of the development, Anxiaux: What sorts of housing are the area developers able and willing to supply? Smith responded that they can meet any demand. Gordon added that there is an interest in supplying modest housing. Peterson: What is "modest?" Anthony said modest would be 1/3 below the median value of housing in the community. Gordon also responded that developers respond to the demands of the market, and that mixed-income housing areas do exist in Iowa City, such as the Saddlebrook subdivision. Hayek: Why isn't there more mixed-income housing areas? Gordon replied that it is difficult to do in many areas because of existing zoning. Hayek inquired whether developers would do more if there was a change in the regulations, and Gordon agreed that they would, Hayek: Would developers build more mixed-income housing areas as opPosed to something more lucrative? Gordon responded that they would, because they will build what will sell. Smith noted that there are neighborhood issues to take into consideration with that as well. Hightshoe: Is there an interest or need for small-lot zoning? Smith replied that "small" would have to be defined. Also, the question is what features the purchasers want. Again, zoning figures into the problem. Anthony: What is the primary determiner in different land prices? Gordon said zoning and location are key, so comparable homes would be priced differently according to desirable location, such as near schools. Tiemeyer agreed that location is primary consideration. Stutsman: Is there currently a way for homebuilders to communicate with government agencies? Would meetings between the two groups be beneficial? Smith replied that the primary communication comes through letters. Gordon agreed that having regular meetings would be a positive step. Anthony: Are there any thoughts or theories regarding the increased percentage of income going to housing? Smith responded that the transient nature of the population may be a factor, but he doesn't know for sure. There are many possible reasons for this trend. Gordon noted that the students drive up the average. Tiemeyer added that another reason is the demand for increasing quality and amenities in housing. Anthony: Is there any census data available on housing in the area? Tiemeyer replied that she does not have data with her, but suggested sending specific questions to the Association In writing, and they would be able to gather data for the taskforce. Presentation by Heather MacDonald MacDonald opened by explaining that she has done studies on the State's housing markets, and that individuals may contact her for a copy of the most recent housing study, or check on the website. The major question seems to be why Johnson County is so unaffordable. A "fair market" is defined as 40% of all apartments renting below a certain rate, which is determined by figuring a "housing income" of what income a family would have to receive to afford an affordable unit, defined in this case as a 2 bedroom apartment. Johnson County's housing income has risen steadily. In 2000, this income was $11.60 per hour. In 2003, it was $11.83. By contrast, in Des Moines the income was $12.60. Question remains why Johnson County is so different. Scattered Site Housing Taskforce Minutes August 30, 2004 Page 5 There is a perception that the top end of the housing market has been competed away, so homebuilders are more interested in serving lower income needs. Iowa City has a very Iow vacancy rate, between 1 and 1.5%. Median-income housing has had more active development in Iowa City relatively recently. Slide 1: Analysis of vacancy rates, median home prices, growth of new housing units, and population growth. Slide illustrates that Johnson County is growing rapidly, as derived from population growth, housing units, and Iow vacancy rates. North Liberty is in stable growth rate, indicated by moderate vacancy rates (3%), moderate house prices, and moderate rates of new units and population growth. Southeast of Iowa City is stable, and Coralville has an area of stagnant, characterized by high vacancy rates and Iow housing costs, much of it old stock in the process of being redeveloped. This area is by Highway 6 and the Iowa River. Much more of Johnson County is in the rapidly growing category, which is very different than Cedar Rapids and other larger cities. Noted that the information on all of the slides is census data, so a few years old. Slide 2: Percent of homeowners that pay more than 35% of their income for housing costs. Thirty-five percent (35%) is a higher figure than federal government uses, but generally is the upper limit that banks will allow when considering a loan. There are areas in Johnson County where 15% of all households are cost burdened. The state average is 9%. The data looks at income against housing prices. The railroad tracks roughly divided areas of less and more burdened households. Slide 3: Rental information Statewide, approximately 28% of renters are cost burdened or pay more than 35% of their income for housing. Students may skew the data on rentals in the downtown area. Data indicates that between 25% and 50% of renters are paying a .significant amount in housing costs. Affordable rental markets exist in Linn and Washington counties. Possible reasons for this situation may include the employment base of the county, which is primarily service and depends on a large base of relatively Iow-paid employees. Iowa City industry includes service, information, education, and healthcare, which are different than other larger cities in the sate. Dichotomy in salaries is evident most strongly in the healthcare industry with highly paid professionals versus the lower-income support personnel. Relatively small high-income population pushes up costs for all. Slide 4: Where is affordable housing located in Iowa City? Defined as rentals leasing for fair-market rate or less. Affordable owner-occupied housing defined as affordable for households earning 80% of median income or 50% of median income, depending on where they fell on the continuum. Definition also assumes no significant debt, a 5% down payment, and an interest rate of 6%. For a four-person household earning $43,500, this would come to a $160,000 home. For a household at 50% of median income, it would be a house at approximately $110,000. Rentals that fall within these guidelines fell mostly on the east side of Iowa City, where 35-50% of the apartments are affordable. Also a number of affordable units can be found in north Iowa City and in Coralville. Slide 5: Analysis of 3 bedroom apartments They are distributed differently. South and east side had higher concentration of affordable units, with units becoming less affordable nearer to downtown. North Liberty provides more affordable units. The taskforce had a question on the number of units available per the data MacDonald collected. MacDonald responded that data on the slide reflects percentage of units available rather than actual numbers, though she can get that data. Anciaux requested that data be forwarded to the taskforce. Slide 6: Owner-occupied units selling for $110,000 or less More than 50% of units in the south part of Iowa City would be affordable. Near the river and west side is not very affordable, and the north side has somewhat more affordable housing. Noted that this data is based on the census, so does not reflect the more recent developments on the east side of Iowa City, such as large increase in condos. Scattered Site Housing Taskforce Minutes August 30, 2004 Page 6 Note that subsidized housing developments have not been a large effort in Iowa City. Many of the affordable houses in the affordable southern zone fall along the Hollywood Blvd area, where many homes are older. MacDonald added that manufactured homes fall in this category as well. Hayek: requested clarification - data seems to be showing that them is not a high percentage of new housing in the affordable range, but reflected primarily in the areas with older homes? MacDonald agreed, but added that even in 2000, some areas such as North Liberty and Tiffin with higher rates of new, affordable housing. At time the study was done, many of the condos and zero-lot homes had not yet been built in Iowa City. MacDonald approached queslion of what concentrations do. Homebuilders have some good suggestions, such as streamlining the approval process. There are pros and cons to regulations. Higher regulation can be attractive to those looking for a good investment in the community. A streamlined process and one- stop shopping especially geared towards developments that set aside a certain portion of their units for affordable housing would be attractive to the developers and a fair trade-off for the city for community development. More dialogue and marketing of diverse housing could be geared to address neighborhood issues and local opposition to developments of lower income housing in particular areas. This is not a significant problem yet, but in the long run it would be beneficial if more neighborhoods provided more choices. More variability is a good thing. Some communities have succeeded in bringing consensus on diverse housing issues, often with help from state legislation. Emphasis can be focused on growth and community management, to prevent urban sprawl and the impact on the environment. Housing integration can be a draw for the community. Hayek: What has caused this polarization? MacDonald responded that it reflects nationwide trends. increasing dichotomy in incomes, community growth, and changes in the local culture are all contributing factors. Also people who move into area from other states with different economic situations are purchasing larger and more expensive homes. Hayek: Would a change in local economy to more of a manufacturing base provide a higher minimum wage? MacDonald replied that it can, but Cedar Rapids for example has moved to more of a white-collar base. Economic development professionals generally don't think manufacturing is the answer to the problem. Iowa City is poised to be on the leading edge of information industry. MacDonald noted that there are possibilities in roles of the local companies can take in helping to house. In other cities, some companies contribute to a housing trust fund that can help subsidize moderately priced housing. Mayo Clinic does this, not to help doctors, but the other professionals and support personnel. This subsidy may assist with down payment. Stutsman cited example of Coral Ridge mall, which was essentially subsidized by citizens statewide. Hayek: In terms of the cost burdens of Johnson County, summarize two or three suggestions for the city to consider. MacDonald responded to consider workforce housing employer-based linkage fees, in a trust fund for example, to assist with housing costs for lower-income employees. Develop comprehensive plan to outline how individual neighborhoods are going to meet the need for affordable housing, on the assumption that there should be fair-share housing throughout the community. Come to an agreement on a minimum share of this activity, which might involve rezoning land for higher-density housing. Noted that there are some architectural designs that might allow for multi-unit buildings that look like large houses. MacDonald added that positive marketing to make this more acceptable for more affluent areas. Finally, streamlining the process and allowing for one-stop shopping will help with costs, especially as an incentive for developers who designate a portion of their activities to affordable housing. Finally, consider modular housing, as it can look very nice and be inexpensive. Anciaux noted that while state law makes discrimination against modular homes illegal, issues could be raised if the home arrives at the lot on wheels. The covenant to the deed may prohibit homes arriving on wheels. Hayek thanked MacDonald for presenting, and may ask her to come back. MacDonald noted she will send the maps with the actual number of housing units. MacDonald said the UI website showing these slides, and more information on the study, is http://planning.urban.uiowa.edu/iowa2000. Scattered Site Housing Taskforce Minutes August 30, 2004 Page 7 OTHER BUSINESS Hayek handed out suggested study/deliberation guide, to be addressed at the next meeting. Requested that research materials be read by September 20 meeting, in order to begin discussing. There is no public hearing on September 20. The realtors and neighborhood council will be presenting, and begin discussion to create definitions. Public hearing tentatively set for October 4. Anciaux requested additional information. Hayek asked him to email or call. ADJOURNMENT: There being no further business to come before the taskforce, Vandenburg moved to adjourn. Anthony seconded, and the motion passed uncontested. Meeting was adjourhed at 7:40 pm. S/Pcd/rnin utes/ecodev/2OO4/8-30-o4$sht MINUTES SCATTERED SITE HOUSING TASKFORCE AUGUST 30, 2004 CITY HALL, LOBBY CONFERENCE ROOM " Don Anciaux, Jerry Anthony, Darlene Clausen, Matthew Hayek, Jan Left, Jan Peterson, Sally StutSman MEMBERS ISENT: Joan Vandenberg STAFF PRE. Tracy Hightshoe, Steve Rackis OTHERS Phil Jones, Von Stange (ResidenCe Services Steve Gordon, Dan Smith, Joan 'Fiemeyer Homebuilders Assoc.) MacDonald (Professor, Urban ional Planning, UI) CALL TO ORDER: Chairperson Hayek called the r~ order at 5:10 Approval of Au,qust 2, 2004 and Au< MOTION: A motion was made by Anciaux by Stptsman to approve the August 2 Minutes with corrections of typographical carried 7-0. Hayek requested deferral of approval of 16 Minutes, as he did not receive them. All agreed. Stutsman noted that alternative Minute August: 16 was easier to read and preferable to the previous format. Presentation by Iowa Phil Jones and Von Stange of of Iowa Services presented data on students housed by the University. Start reported that .'e halls have been at or over capacity for approximately the last '10 years, halls house freshman and sophomores, and the UI is committed to housing all freshman to assist withtransition to college life. UI also maintains 694 - 2 BR apartment units west side of cam -65% of the occupants being married. Hayek: What have been changes and trends in studenl r~using, and how does enrollment affect on-campus housing? Also/~ are percentages of students in U.I housing versus the private market? What impact do the students have on the private market? Scattered Site Housing Taskforce Minutes August 30, 2004 Page 2 residence halls, but apartments are available for married students, where priority is given to students with de A large number of students living in these apadments are from foreign countries. PI~ are currently underway for changes and new residenCe halls, including studies overseen by Sta: to the ideal size of additional residence halls. I~sidence halls are moving towards sin~ or living arrangements. Long-term plans at UI may lead to housing for as many 500 studenb asked for the number of freshmen and sophomores currently in residence Jones answered ,out 4,000 freshmen and 2,300 sophomores. Hayek: Are ~bers stable or expected to change, and has a decrease in number of tripl~ affected residence hall Jones reiterated that there has been no increase in classroom space, no increase in enrollment is ex Graduation classes are gradually decreasing over the past though Ul's market share has ]bilized. The number of triple rooms varies, and has increase, past few years in order to accon' incoming freshmen classes. Hayek: What is the ed capacity of the new west side residence hall? Jot said that the needs are still being assessed. Jof noted that the original plans were for 500 beds it may be anywhere from 250 to 500. He also sai ,at the new space would be replacing some capacity due to a planned renovation of Slater Hall. ~ge added that the timeline for increasing residence hall capacity is long, as the renovation nt facilities will take several years. Hayek: Were numbers of stu, housed prior to the 1970"s signifi( different than current numbers, or have they been consistent? ~s reported that there was a s~ in numbers in the mid-1970's, but nothing significant since. A large ding boom in residence 1960's, and during recent years due to the renovation of older space, universities are enrollment size, there is little reason to increase housing capacity. Hayek inquired about the affordability of and whether there has been any change in the ability of an average ) rent in Iowa Jones reported that it appears to be easier this year, as he has seen an increase in the Housing Clearinghouse. He said that the market seems to be softer right now as being offered by apartments in order to fill their units. Jones also noted that market rates do UI housing rates, as residence hall rates are determined by costs. No State money is residence services, so residence halls must cover all operational costs, including food, ~tions. Stutsman: Does UI do outreach to help studer as 10w-income or foreign, to find housing? Jones replied that foreign students typically live in adments, and residence halls are the choice of lower income students. Jones said the rea ! is that it ess expensive to live in residence hall wi~h a meal plan than in an apartment. Hayek: Have there been changes in of studer past decade, thereby allowing students to bypass less exl: ? Jones said that sing near the university has responded to student demands, by improving the housing and ;nting at higher rates. Jones said that some students could pay $500 to per person, and these end units typically few vacancies. Jones recommended consulting th s for more detailed Anciaux: What does the Univers the school district for '~ge reported that the University pays for busing to and from for children from plus a subsidy to the school district to cover tuition costs e said that this subsidy payment ssentially in lieu of property taxes, He said that last university paid $200,000 for busing, which from year to year, and Scattered Site Housing Taskforce Minutes August 30, 2004 Page 3 Jones also confirmed that based on numbers of students :living in residence halls, and accounting umbers who live at home during school, between 24,000i to 25,000 students do not live in Ha ~: Are statistics on housing website correct? If the numbers are correct it is estimated of live in housing provided by the private market live i~ Iowa City, and 25% live in Jones did ow the proportion, nor did he have statistics on nui'nbers of students living in the market or the have children. Iowa City Area Homebuilders Association Smith began thanking taskforce for inviting them tO speak at the and staling that homebuilders' is to build housing for all income levels.. Current trends in are highlighted by an increased in condos, as it is difficult for mid-range professior to afford single-family homes. Gordon that it is more difficult to build affordable as land values and raw material costs tinue to rise. Condos and townhomes are more and still give pride of ownership. Stutsman: Is there an demand for condos, or are labeled as condos after they are built, in capitalize on the market trends and laws? Also, who tends to live in condos? Gordon there is currently a large demand that type of housing. Developers base decisions to sell or rent buildings on a number of such as demand and margins. Some seniors live in condos, as grad students and resi but majority are young graduated singles or couples without Gordon's condos are: in the Saddlebrook subdivision on southeast side of Iowa City. Smith added that some people like 3do living and advantage of Iow interest rates. The market is very soft and the market is lurning." One to building is the development approval process, specifically zoning, the design proces= the approval timeline. The timeline varies, depending on various factors, from wee to over year in process, and all delays, reviews, and submittals have costs to the developers. Stutsman: Is there interest in the area for AlsO, are developers interested mainly in higher- incoming housing? Smith replied that there is a between amenities and costs. All developing is speculative, and most people try to fit into a liche in!the market in order to sell developments and cover their overhead. ~ Gordon also noted lhat there are all kinds of ~l geing on in the area, both Iow and high income. Zoning is an issue that impacts that. If a d~ idea that fits into an existing zone, the process is clearly laid out, but if the developm, doesn't fit the zone, the process gets bogged down. Developers will put multiple units the same plan into an area, but zoning determines how much of this can be done in a gi area. What. build depends on what land they own and what the zoning permits. Hightshoe: Do you think the the City's develol: will make this better? Smith reported developers are looking for more and there is a oal that this will help serve. Ail the restrictions bog the process are not efficient for the devek ;ity administrators. Anciaux: What is the the cost of land in Iowa City Coralville and North Liberty, and how much of a percentage the land cost figure into ~the total Gordon reported that land in Coralville and North Liberty more expensive than Iowa Oily, ~ly $35,000 per acre in North Scattered Site Housing Taskforce Minutes August 30, 2004 Page 4 Hayek: Would like to give more context of the taskforce and background. The taskforce is responding to expressed at the City level about concentratiorls of Iow-income housing. He said that is to evaluate whether there is a concentration of subsidized housing and what the concentrations may be. Hayek is also interested in developing a working definiti in this context. Also, Hayek said that the taskforce may be making on how thl ~ could look at this issue, rather than coming up with specific Development Code es to the ~ process. Last, do the homebuilders think there is a concentration of this typ, housing? Smith that based on the theory of economy of scale, there are concentratio of Iow income housing due or apartment complexes. However, this may not be what the is looking for. Zero-lot and are scattered throughout the city. Hightshoe: What d entice developers to devote a percentage of their d{ to affordable/Iow income housing? reported that incentives would vary between greu sort of housing is also influenced by what kin gs will work within the character of the ~ment. Anxiaux: What sorts are the area developers able and willing Smith responded that they can meet any ~ordon added that there is an ir~terest in su modest housing. Peterson: What is "modest?", said modest would be 1/3 median value of housing in the community. Gordon also res ed that developers respond to demands of the market, and that mixed-income housing in Iowa City, such as the Sa( 3division. Hayek: Why isn't there more housing areas? replied that it is difficult to do in many areas because of existing zoning, inquired whether would do more if there was a change in the regulations, and Gordon 'eed that Hayek: Would developers build more h areas as opposed to something more lucrative? Gordon responded that the, because 1 ' will build what will sell. Smith noted that there are neighborhood issues to take into consid as well. Hightshoe: Is there an interest or need for sm~ Smith replied that "small" would have to be defined. Also, the question is what features the ~asers want. Again, zoning figures into the problem. Anthony: What is the primary determiner in di and prices? Gordon said zoning and location are key, so comparable homes would be aacording to desirable location, such as near schools. Tiemeyer agreed that location is pri Stutsman: Is there currently a way for to with government agencies? Would meetings between the two groups be Smith that the primary communication comes through letters. Gordon agreed that h regular meetin d be a positive step. Anthony: Are there any thoughts regarding the percentage of income going to housing? Smith responded that th nature of the! may be a factor, but he doesn't know for sure. There are many reasons for this trend, noted that the students drive up the average. Tiemeyer added another reason is the demand for quality and amenities in housing. Anthony: Is there any available on housing in the area? Tieme~er replied that she does not have data with her, but su sending specific questions to the Associatio~ be able to gather data for taskforce. Scattered Site Housing Taskforce Minutes August 30, 2004 Page 5 There is a perception that the top end of the housing market has been competed away, so homebuilders are more interested in serving lower income needs. Iowa City has a very Iow vacancy rate, 1.5%. Median-income housing has had more active development in Iowa City relativel, Analysis of vacancy rates, median home prices, growth of new housing units, and )ulation ide illustrates that Johnson County is growing ~rapidly, as derived from popul growth, housing and Iow vacancy rates. North Liberty is in stable growth rate, moderate vacanc' moderate house prices, and moderate rates of new units and popu growth. Southeast City is stable, and Coralville has an area of stagnant, by high vacancy rates and Iow ']g costs, much of it old stock in the process of being )ed. This area is by Highway 6 and thl River. Much more of John,~ County is in the rapidly growing category, which different than Cedar Rapids and other Noted that the information on all of the is census data, so a few years old. Slide 2: Percent pay more than 35% of their ' for housing costs. Thirty-five percent (35%) is ute than federal but generally is the upper limit that banks will allow when ~idering a loan. There are area Johnson County where 15% of all households are cost state average is 9%. data looks at income against housing prices. The railroad tracks rivided areas of less ,~ned households. Slide 3: Rental information Statewide, approximately 28% of "s are cost burd, or pay more than 35% of their income for housing. Students may skew the data rentals in the area. Data indicates that between 25% and 50% of renters are paying a amount costs. Affordable rental markets exist in Linn and Washington counties. Possible reasons for this situation may base of the county, which is primarily service and depends on a large base of Iow-plaid employees. Iowa City industry includes service, information, education, and are different than other larger cities Jn the sate. Dichotomy in salaries is evident most strongl ~e healthcare industry with highly paid professionals versus the lower-income support personnel, small high-income population pushes up costs for all. Slide 4: Where is affordable housing Iowa C Defined as rentals leasing for fair-mar rate or less. owner-occupied housing defined as affordable for households earning income ~ income, depending on where they fell on the continuum, assumes no Iqcant debt, a 5% down payment, and an interest rate of 6%. For a four- earning ~0, this would come to a $160,000 home. For a household at 50% of median :ome, it would be a approximately $110,000. Rentals that fall within these gui lines fell mostly on the east of Iowa City, where 35-50% of the apartments are affordable, number of affordable units found in north Iowa City and in Coralville. Slide 5: Analysis of 3 )artments They are distributed South and east side had hioher cot of affordable units, with Scattered Site Housing Taskforce Minutes August 30, 2004 Page 6 ~ that subsidized housing developments have not been a large effort in Iowa City. Many of th Jses in the affordable southern zone fall along the Hollywood Bird area, where many he are MacDonald added that manufactured homes fall in this category as well. Hayek: ~ested clarification - data seems to be showing that there is not a high of new housing affordable range, but reflected primarily in the areas with older homes d agreed, that even in 2000, some areas such as North Liberty and Tiffin her rates of new, housing. At time the study was done, many of the condos and zero-lot I had not yet been built in City. MacDonald a lcantrations do; Homebuilders have ~ good suggestions, such as streamlinin process. There are pros and cons to Higher regulation can be attractive to 9oking for a good investment in the community. A sl process and one- stop shopping t geared towards developments that set aside a portion of their units for affordable housing be attractive to the developers and a fair the city for community development. More dialogue and of diverse housing could be geared address neighborhood issues and local opposition to of lower income housing in p~ areas. This is not a significant problem yet, but in the long it would be beneficial if more provided more choices. More variability is a good thing. Some communities have ,=d in bringing consensu diverse housing issues, often with help from state legislation. Emphasis be focused on and community management, to prevent urban sprawl and the impact on the ~t. Hou can be a draw for the community. Hayek: What has caused this MacDc d responded that it reflects nationwide trends. Increasing dichotomy in incomes, changes in the local culture are all contributing factors. Aisc people who move into states with different economic situations are purchasing larger and more expensive ho Hayek: Would a change in local economy of a manufacturing base provide a higher minimum wage? MacDonald replied that it can, but CE ' Rapids for example has moved to more of a white-collar base, Economic development ~erally doter think manufacturing is the answer to the problem. Iowa City is poised to be on the of information industry. MacDonald noted that there are possib in of the local companies can take in helping to house. In other cities, some companies to a ing trust fund that can help subsidize moderately priced housing. Mayo Clinic does not to help but the other professionals and support personnel. This subsidy may assr down Stutsman cited example of Coral Ridge mall, which was essentially subsidized citizens statewide. Hayek: In terms of the cost bur on County, tmarize two or three suggestions for the city to consider. MacDonald respc to consider workforce 'rig employer-based linkage fees, in a trust fund for example, to assist, housing costs for Iower-incom~ Develop comprehensive plan h ' to outline how individual borhoods are going to meet [r'~ need for affordable housing on the assumption that there sh( be fair-share housing throughout the'~ommunity. Come to an agreement on a minimum share of this ty which might involve rezoning land f'~higher-density housing. Noted that there are ,.hi [ectural designs that might allow for mi~ti-unit buildings that look like large houses. MacDonald that positive marketing to make this reas. Scattered Site Housing Taskforce Minutes August 30, 2004 Page 7 OTHER BU.___SINESS handed out suggested study/deliberation guide, to be addressed at the next meeting, be read by September 20 meeting, ia order to begin discussing. The no public September 20. The realtors and neighborhood council will be presen and begfn discu~ create definitions. Public hearing tentatively set for October 4, Anciaux ~d additional information. Hayek asked him to email or call. ADJO~ There being no business to come before the taskfo~rce, Vandenbuf to adjourn. Anthony seconded, and the passed uncontested. Meeting was adjourned at pm. SIPcd/minutes/ecodevl2OO418..30-O4ssht Scattered Site Housing Taskforce Attendance Record 2004 04/29 05/12 05/17 06/07 06/21 07/12 07/19 08/02 08/16 08/30 09/20 10/04 10/18 11/01 11/15 12/06 12/20 D. Anciaux X X X X X O/E O/E X X X J. Anthony X O/E X X X X O/E X X X D. Clausen X X X X X X X X O/E X M. Hayek X X X X X X X X X X J. Left X X X X X X X X X X J. Peterson X X X X O/E X X O/E X X S. Stntsman O/E X X X X O/E X O/E O/E X VandenBerg X X X X X X X X X O/E Key: X = Present 0 = Absent O/E = Absent/Excused NM = No Meeting ..... Not a Member