HomeMy WebLinkAbout2004-12-07 Bd Comm minutes
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APPROVED MINUTES
IOWA CITY HUMAN RIGHTS COMMISSION
EMMA HARVAT HALL
410 E. Washington Street
Tuesday, July 27,2004
7:00 p.m.
MEMBERS PRESENT: Lisa Beckmann, Paul Retish, Billie Townsend, Geoff
Wilming, Jim McCue
MEMBERS ABSENT: David Shorr, Valerie Garr
STAFF MEMBERS: Anne Burnside
1. CALL TO ORDER: Meeting called to order at 7:05 p.m.
2. APPROVAL OF MINUTES: McCue noted that his name was omitted from the
list of members present at the June 2004 meeting and asked that the minutes be
amended to reflect that he had been present. Motion to approve minutes as amended
by McCue and seconded by Townsend. Motion passed unanimously.
3. RECOMMENDATION TO COUNCIL: None.
4. READ CASES. Burnside apologized that she neglected to bring cases for
Commissioners to read. Beckmann stated that it was alright and Commissioners could
read cases next month.
5. NEW BUSINESS:
a. Commission co-sponsorship of diabetes banquet. Eagles Flight will hold
banquet to bring attention to the importance of diagnosing and treating diabetes and the
Commission has already agreed to act as a co-sponsor of the event. Professor Denita
Gadson has asked whether a Commission member will come to their next planning
meeting, to be more of a participant than just a co-sponsor. McCue raised the issue of
whether diabetes is a human rights issue, and if it is how should the Commission
recognize when a concern is outside the scope of human rights. Beckmann noted that
Victory Temple sponsors the program and the disease disproportionately affects the
African American population. Townsend and Retish discussed that the Commission
has accepted the premise that access to health care is a human rights issue and low-
income people have serious obstacles to health care. The Eagles Flight banquet will
also highlight the need for persons in the African American community to be aware of
symptoms of diabetes, and the banquet will provide information regarding control and
treatment of the disease. McCue restated the premise to be that the rights of the
African American population may be compromised with respect to their ability to obtain
services and treatment for diabetes. Retish stated that equal access to health care for
poor people, regardless of race, is the issue and Eagles Flight makes the point very well
that there has not been equal access to health care, both for treatment and for
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prevention information, for the African American population. Beckmann noted having
seen an article recently stating that a very small percentage of women affected with
osteoporosis are actually diagnosed or treated. It seems to her that if a group
representing senior citizens were to come to the Commission with a program promoting
equal access to education and treatment for osteoporosis, she would be inclined to urge
the Commission to support it. Wilming agreed that it seems appropriate for the
Commission to be involved given the equal access to health care issue presented.
Wilming would like to attend the next planning meeting, but cannot attend on Aug. 4th.
He would be interested in attending the following month's meeting.
b. Rachel Simmons, author of Odd Girl Out: Beckmann noted that this
program, which will be held February 20, 2005, falls in line with the work the
Commission has done on the topic of bullying and Beckmann would be interested in
attending were it not to be held on a Sunday. Burnside did not know if Heather Shank
has spoken with the presenter, but will ask Shank if she has more information about the
program. Wilming thought this program seems consistent and noted that the bullying
work done by the Commission recently seemed to focus on young men. McCue noted
there was a recent article in the NY Times about how girls bully other girls. The
Commission elected to defer decision on the item until they can ask Shank if she has
additional information about the program and/or the presenter.
c. City High documentary film. Beckmann raised the topic of the documentary
created by a City High student concerning the Phelps demonstration against the
recipient of the Matthew Shepherd award this spring. Beckmann originally learned
about the film from a friend. Then last week, another person talked to Beckmann about
the movie. It is her understanding that viewers have found the film to be very powerful.
Beckmann asked whether the Commission would like to view the film, which is about 15
minutes long and possibly consider showing the movie as a Human Rights event.
Retish has heard about the film too. Beckmann has heard the film was shown to a
church group and the members were very moved by the topic and by the quality of the
film, itself. Retish mentioned that he shows the movie "Bang Bang You're Dead" which
is about school violence and bullying, to his class. He has mentioned to Shank that
perhaps the Commission should put together a series of films to be shown to the public
and to invite people to talk about what they have seen. Retish's movie is 70 minutes
long. Beckmann agreed it would be good to have 3-4 movies in a series. Burnside
mentioned and Retish agreed that in the past Shank and the Commission have shown
classic movies, which raise human rights topics as an education tool.
6. OLD BUSINESS.
a. Human Rights Breakfast/press contacts. Shank has arranged to appear
as a guess on Dottie Ray's radio program on September 1st. Retish has not yet made
arrangements to appear on WSUI, but will. It is not known whether Garr has contacted
KXIC.
b. Building blocks to employment: The date for this program has been moved
back one week. First, there will be "Music on Broadway" on September 18th.
Commissioners agree it is going to be a great event. Kevin Burt and his group are
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scheduled to appear as the "headliner", and there will be other groups, as well. Retish
noted that the goal of this program is to encourage people to attend; to break the ice so
people will be less reticent about attending the Building Blocks program on October 5th.
c. Educational outreach: At a previous meeting, Wilming had expressed
interest in the Commission sponsoring a program to discuss landlord/tenant issues.
Beckmann asked whether there is still interest among Commissioners in doing the
program. Wilming stated he has access to some people who could present at the
program, but he would also be content to see the Commission pursue the film series
idea, instead. The Commission agrees to table this topic for the time being and focus
on the film series, instead.
d. Sexual harassment: Professor Nancy Hausermann had been asked about
giving a presentation on the topic of sexual harassment. Hausermann replied that
currently, she is planning to conduct a survey among University of Iowa employees and
students. The Commission agreed to contact Hausermann again after she has finished
her survey and ask for a presentation of her findings.
7. Reports of Commissioners.
McCue spoke about the recent hearing before the Iowa City Board of Adjustment
concerning whether the new Shelter House can be built on the proposed site. Shelter
House appeared before the Board to request a special exception which would permit
the construction and operation of the shelter. The speakers expressed much opposition
to the project. McCue stated that an employee of the City spoke, saying that if the
shelter is rebuffed from one proposed site after another, it becomes a human rights
issue. McCue asked whether the Commission should not, at a minimum, be watching
this issue as it progresses. Beckmann asked for an update on the status of the
program. McCue explained that while it appeared the Board of Adjustment had agreed
to permit development of the proposed site, it was expected that the decision would be
appealed to the district court. Such an appeal would create a conundrum for shelter
advocates should they proceed with their intended fundraising schedule. If they decide
to delay fund raising pending the outcome of an appeal, they will run into the United Way
blackout and be foreclosed from fundraising until after the New Year. The Shelter
House Board has made an offer on the property and the offer has been accepted. The
city must grant a special exception before the property can be developed according to
the Shelter House plan. Retish pointed out that one of the primary arguments against
the new shelter is "not in my back yard" and even in a "liberal" community, that
argument is made. It highlights the Commission's obligation to provide information and
education about this issue. Retish recalled watching a similar phenomenon years ago
when Systems Unlimited was looking for houses for their clients. Retish thinks this type
of community education should be a primary obligation for the Commission. McCue
noted that there is the argument, not irrational, that too many of shelter-type projects are
being placed on the southeast side of town. He feels awkward since there are no like
projects in his neighborhood. Retish noted that the City Council says they are trying to
avoid the problem of overloading one area of town with projects like shelters or low-
income housing. Perhaps the Council should talk with the Commission about ways to
address the issue. Burnside noted that a dialogue between the Commission and
Council is possible. Perhaps one way to start would be for Shank to arrange a
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discussion between City Staff who work in the housing/shelter areas and
Commissioners, to generate a discussion line for Commissioners to take to Council.
The issue, McCue pointed out, comes up over and over. Shelter house; school
boundaries; influx of new comers to the city. Burnside stated that historically, the
Commission has interacted with housing and development organizations on these
issues. Townsend noted that on the other side of town, low-income housing is being
given to student-athletes. Retish stated that he is president of a company that provides
housing for low-income seniors and persons with disabilities. He has learned that "low
income" is not so simple to define. He thinks there are problems with how HUD
addresses the issue. Wilming noted that when he was a student, though his parents
were not low income, he was. McCue and Townsend noted that Pheasant Ridge has
changed in character in the past years. There is a large Sudanese population; medical
and dental school students. Retish believes changing the name from Mark IV helped
change the character of the property.
Wilming pointed out that some members of the public have misconceptions, which need
to be dispelled, such as the fear that a shelter will bring dangerous people to a
neighborhood. McCue agreed this was a prominent topic at the hearing before the
Board of Adjustment. In fact, the opposition's attorney made the case--a worst case
scenario-- about the dangers, and in the process, left people much more afraid than
they had been before. Townsend stated that she has just returned from San Francisco
and that city has homeless people on every street, in every neighborhood. There is no
area without people living on the streets, begging for money. Beckmann will talk with
Shank about how the Commission could be more involved with this issue.
Beckmann expressed concern about the openings on the Commission and asked
whether applications for the open seats have been received. Burnside did not know
what response there has been so far to the advertisement for applicants. Retish stated
that the Commissioners need to do a better job of letting applicants know what time
commitment is needed. There has been too much turnover. The restrictions on
residency need to be clarified and the current Commissioners need to be active in
recruiting new members. Beckmann asked whether the Commission could obtain
clarification from the Council about the residency restriction, which permits only
residents of Iowa City proper to be commissioners. Under this rule, people with Iowa
City addresses who live outside the city limit are precluded. This excludes residents of
places such as River Heights on Dubuque Street. Retish asked whether a resident of
University Heights could be on the Commission and Burnside replied that she believed
not, just as residents of Coralville could not serve on the Iowa City Commission.
Townsend expressed concern about the article by Nick Colangelo, which appeared in
the U of I's Belin-Blank newsletter "The Vision". Townsend summarized the background
of the issue and the article in questions. It all began when Arthur Jensen was invited to
deliver the keynote address at the Belin-Blank Center. Jensen is well known for his
views that genetics play an essential role in intelligence and performance. Colangelo
then wrote an article called "The Gap" about the difference in minority/majority
performance generally. Townsend said that the Provost and the U of I President have
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the article now and there has been quite a bit of press about it. Colangelo stated that
he would have further articles elaborating on the issue of the reasons for "The Gap."
Jensen was here in Iowa City last Mayor June. His appearance was not well
publicized.
Retish stated that it is clear there are differences in performance among groups based
on economics and sometimes by race, but these differences cannot be explained away
by genetics. Townsend asked how many "pure" people are remaining? How can a
theory based on pure races be valid if the races are not pure?
Wilming: no report.
Retish: no report.
Townsend wished to also state that the 35th anniversary of the Afro-American Cultural
Center was held last weekend, a rededication of the house along with the 40th
anniversary of the Black Alumni Association on the weekend. It was just a great
weekend.
Retish and Townsend spoke at length about the U of I and the issue of diversity. Retish
acknowledged that the Commission does not have jurisdiction over the U of I but the
Commission has jurisdiction in the surrounding community. Townsend said that she
believes that the new Provost from Ohio will make great strides in the area of embracing
diversity.
8. Adjournment. Meeting was adjourned at 7:55 p.m. Commissioners were eager to
watch live TV coverage of the Democrat convention.
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APPROVED MINUTES
IOWA CITY HUMAN RIGHTS COMMISSION
***EMMA HARVAT HALL***
410 E. Washington St.
Tuesdav. AUQust 24. 2004
7:00 p.m.
MEMBERS PRESENT: Lisa Beckmann, David Shorr, Paul Retish, Billie Townsend, Valerie Garr,
Geoff Wilming, Jim McCue; Elizabeth Cummings; Bev Witwer
MEMBERS ABSENT:
STAFF MEMBERS: Heather L. Shank
1. CALL TO ORDER: Meeting called to order at 7:05 p.m.
2. APPROVAL OF MINUTES: Townsend asked that the sentence, "Townsend may also be able to
attend," be removed, as she did not say it. Beckmann asked that the sentence following the one
Townsend wanted removed also be removed as Beckmann indicated that she did not say it. The
sentence stated, "Beckmann will let Eagles Flight know to expect Wilming at their September
meeting." McCue asked that "Manville Heights" be removed from the following sentence on page 3.
"He feels awkward since there are no like projects in his neighborhood, Manville Heights." McCue
does not live in Manville Heights. Motion to approve minutes as amended by Retish and seconded
by Townsend. Motion passed unanimously.
3. INTRODUCTION OF COMMISSIONERS: Introductions made between current Commissioners
and newly appointed commissioners, Bev Witwer and Elizabeth Cummings. Cummings told the
Commission that she went to graduate school in Iowa City and subsequently student taught in
Houston, TX. Cummings has returned to Iowa City and now works at NCS. She became interested
in the Commission after she witnessed what she believed to be a human rights violation. When she
contacted the Human Rights office Cummings learned about the Commission.
Witwer told Commission members that she taught in the Iowa City Community School District for
many years. She retired three years ago and has been involved in various educational
programs/projects since that time. One project has been supervising student teachers. Witwer
became interested in human rights when she sponsored the multicultural, nonsexist group at one of
the area high schools. She worked with a lot of students. Her job was to help students become more
socially aware. Recently she worked on a child labor project with Chivy Sok.
Beckmann encouraged the new Commissioners to bring their ideas for educational programs to the
monthly meetings, as education is a priority of the commission.
3. RECOMMENDATION TO COUNCIL: None.
HOUSING QUESTIONS: Beckmann indicated that at the last meeting, questions arose regarding the
decision to put the Shelter House on the Southeast side of town. Beckman stated that when Shank
returned from vacation she was trying to determine what happened at the meeting and what the
commission wanted to do. Beckmann reported that she received an e-mail that Shank forwarded to
her from Dale Helling. In that e-mail, Helling explained the ways in which the Commission could
contact the Council. Beckmann said that she felt uncomfortable because she did not feel like she
had a good grasp of what the Commission was trying to accomplish. Beckmann advised condensing
the Commissioner's questions into "what the Commission really wants to ask the Council and what
the Commission really wants to find out." Shorr said that going to the Council's public meetings is
one way to speak to the Council. Beckmann indicated that she sees the Commission as information
gatherers and she does not want the Commission to be perceived as having an opinion that is either
for or against the Council's position. McCue said that as a citizen of Iowa City, his concern is that
over time, the south side of Iowa City is the place where low-income housing has been developed. If
there is to be a residential facility, that is where it goes. When the Salvation Army moved from
downtown, that is where it goes. When the shelter is ready to move, that is the only place where
there is any property to consider. Over time, there is a high concentration of low-income people and
a high concentration of recent arrivals in town, high concentration of minority populations and high
concentrations of troubled populations of various kinds. McCue stated that he would like to inquire,
(and not at a public meeting), whether the City Council had any resources to address the problem.
Beckmann indicated that McCue is making an assumption that the Council believes allowing certain
segments of the population to be concentrated in one area is a problem. The Commission may
believe it is a problem but that does not necessarily mean the Council feels that way. Retish believes
the City Council has been on record of favoring scattered sites. One of the problems the Commission
had at the last meeting was reconciling the public posture that the Council is in favor of "scattered
sites" and the reality of grouping low income housing and services on the southeast side. Retish said
that he believes this discussion should not take place in a public meeting. McCue said that when the
Greater Iowa City Housing Fellowship suggests building housing units in a different part of town,
there is an adverse reaction from the public and it is not built.
Beckmann asked whether the Commission wanted to send a contingent to meet with the Council?
Retish said that he would like to speak with the Council and ask questions and listen. Retish stated
that if the Council wanted to send one or two representatives to a meeting with as many
Commissioners as possible, he believes it would be beneficial. Shorr said there were really two
issues: (a) concentration and distribution and (b) the crisis itself; the need for a new facility and
location for the Shelter House. Beckmann said that at the last meeting, the Commissioners made the
decision that it was not going to take a stance and/or provide an opinion regarding the Shelter House
site. Beckmann stated that the Commission did not know whether it was the Commission's place to
comment on this so late in the decision making process. Beckmann said that she wants to read the
minutes and with the information in front of her she will contact the mayor and talk to him about the
Commission's desire to speak with the Council.
4. READ CASES: Beckmann explained to the new Commissioners that the Commission takes
fifteen minutes during the monthly meeting to read case summaries. Shank interjected that the cases
are ones that have been closed and are no longer in the human rights process. Beckmann explained
that reading the summaries gives the Commission an idea of the kind of cases that are being filed.
Beckmann said that this information should be stored in the Commissioner's heads so that ideas for
future programming can be developed. After the Commissioners read the cases, the document
should be initialed.
S. NEW BUSINESS:
a. Iowa Women's Music Festival - September 18. The organizers wanted to know whether
the Human Rights Commission (HRC) wanted to set up a table to provide information, similar to the
Gay Pride festival. Beckmann asked if the HRC wanted to do this? No one volunteered so
Beckmann said the response answered the question.
b. Slander/Defamation Shank brought an article from the newspaper that mentioned a
lawsuit that had been filed against a former prosecutor for his comments regarding a law enforcement
official. The Court determined that the prosecutor could be sued for his remarks. Shank brought this
article to remind Commissioners that they needed to be mindful of remarks made in a public meeting
that could be construed as injurious to the reputation of the individual to whom the remarks referred.
6. Old Business:
a. Eagle's Flight Diabetes Award Banquet and Health Fair - October 29 Shank said
that she attended the event last year and it was quite good. Beckmann said that the Commission
agreed to co-sponsor the event so someone from the Commission needed to attend. Garr said that
she needed to review her travel schedule. Beckmann said that Shank should tell Gadson that the
Commission would send someone to the banquet, which is on Friday, Nov. 5. Commissioners are
going to check their schedules.
b. Rachel Simmons, author of Odd Girl Out: Shank stated that she was prepared to
donate to this program as part of the Commission's co-sponsorship cost as this is in line with the
Commission's anti-bullying emphasis. The program is going to take place in Cedar Rapids. Shorr
said that it strikes him that the Commission has made a serious commitment to the issue of bullying in
the schools. Shorr wanted to know how the Commission could make an even closer connection? He
wondered how the HRC could exploit Simmon's visit to Iowa or get some teachers to attend. Shank
said that she has asked the person in charge of the program about having the speaker attend more
than one event. Diane Constantine said Simmon's is charging her $6,600 to come to Cedar Rapids.
Shorr said that he wants to see what he can do. Shorr wants to see if he could get Simmons to come
to Iowa City on Monday morning. Retish said that it should be a requirement that the person that is
sent to the event whether it be a teacher, student, etc. report back to other teachers, students, the
public, etc. on what they learned. Beckmann asked that Commissioners interested in working on this
issue join with Shank and talk to the people at the speaker's bureau, etc. Beckmann said that maybe
the Commission could sponsor people to go and avoid co-sponsoring the program in Cedar Rapids.
Witwer said that one of her former students that is now teaching in Massachusetts had experienced
here some very aggressive behaviors and found Simmons's book incredibly meaningful and she gave
a workshop at her school based on her experiences and Simmons's book. Witwer received a letter
from the teacher telling Witwer to read the book.
c. Human Rights Breakfast - Beckmann asked the Commissioners to post the flyers
regarding the breakfast. She also encouraged the Commissioners to ask their friends and family to
buy tickets or nominate someone for an award. Beckmann explained to the new Commissioners that
the winners are selected by a selection committee made up of three or four members of the
Commission. This year the winners are to be chosen on September 8. Beckmann asked for
volunteers for the selection committee. Shank indicated she would send the nominations as they
come in to the selection committee. Beckmann said that the selection committee members need to
read the nominations ahead of time so that they will be prepared to get right to the business of
choosing with recipients. Beckmann said that the breakfast process has changed in that the
nominator is not going to introduce the winner. Beckmann is going to summarize the nomination and
introduce the winner who will give their acceptance speech. Beckmann, Garr, Wilming and McCue
volunteered to be on the selection committee. The committee agreed to meet at Beckmann's house
at 7:00 p.m. on the 8th.
Retish and Shank are scheduled to be on Iowa Talks to discuss the breakfast. Beckmann
asked if the press releases are sent to all of the newspapers. Shank said yes but mentioned that it
has been routine for the Press Citizen not to publish the press releases about the breakfast. Shank
asked if a Commissioner would contact the newspapers this year and Shorr agreed to do so. Garr
mentioned that the DI just hired an African American editor and he is interested in diversity issues.
The Commission decided not to consider a lifetime achievement award this year. Shank mentioned
that several groups had been nominated and she wondered whether groups would be considered as
nominees. The only time a group had been nominated and won was the time that Dave Leshz and
Barb Smith were nominated because of a project they did together. McCue said that he believed it
would appropriate for a group to pick out a person to represent the group and mention when the
award is given or received that there was more than one person involved. MOTION: Beckmann
made the moved that the Commission continue with the practice of receiving nominations of only
persons or businesses that contribute significantly to human rights in Iowa City as opposed to groups.
Motion passed unanimously.
d. Beckmann indicated that she spoke to the person that filmed a movie about the Phelps
and he told Beckmann that he was really busy right now so he begged off showing his film to the
Commission at this time. Retish indicated that he had mentioned at the last meeting that he shows
the movie "Bang Bang You're Dead" which is about school violence and bullying. Beckmann said
that the Commission could show three movies and maybe do the second Tuesday of the month
starting January. After each movie would be a discussion. Garr has several movies that can be
shown as well such as, "Children and War," "Color of Fear," and a film regarding disabilities. Garr
mentioned that a woman was recently hired in the Office of Equal Opportunity and Diversity has a
new Director of Diversity Resources named Dorothy Simpson Taylor. She goes by Dottie. Garr said
that Dottie knows about movies on diversity and she gives presentations on the movies, etc. Shank
indicated she could look into the meeting rooms at the library.
e. Retish stated that at last month's meeting Billie had mentioned that Nick Colangelo had
invited Arthur Jensen to the U of I. Jensen is a noble prizewinner and is controversial because he
wrote a book on whether intelligence is based on nature (genetic) or nurture. Jensen allegedly said
that headstart programs are a waste of time. Retish spoke to Colangelo and Colangelo said that
while Jensen was visiting, he did not speak on the above issue. Retish questioned the U of I's
commitment to diversity. Garr suggested that when cuts are necessary the diversity programs seem
to be hit hard but she indicated that the Provost has been wonderful. Townsend agreed and stated
that she had heard wonderful things about the Provost.
f. "Music on Broadway" is scheduled for September 26. Harmonicas will be distributed
to the children in the audience in the last hour of the program so that Kevin Burt can provide a
harmonica lesson.
g. Educational outreach: At a previous meeting, Wilming had expressed interest in the
Commission sponsoring a program to discuss landlord/tenant issues. Beckmann asked whether
there is still interest among Commissioners in doing the program. Wilming stated he has access to
some people who could present at the program, but he would also be content to see the Commission
pursue the film series idea, instead. The Commission agrees to table this topic for the time being and
focus on the film series, instead.
7. Reports of Commissioners.
Tape-recorder malfunctioned. No additional recording from this point forward.
Adjourned at approximately 8:30 p.m.
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APPROVED MINUTES
IOWA CITY HUMAN RIGHTS COMMISSION
Tuesdav. Seotember 28
MEMBERS PRESENT: Lisa Beckmann, David Shorr, Paul Retish, Jim McCue; Elizabeth
Cummings; Bev Witwer
MEMBERS ABSENT: Geoff Wilming; Valerie Garr
STAFF MEMBERS: Heather L. Shank
1. CALL TO ORDER: Meeting called to order at 7:05 p.m.
2. GUEST - ROD SULLIVAN: Beckmann introduced Sullivan and explained that he had come to the
meeting to describe an idea that he had regarding human rights enforcement in Johnson County.
Beckman gave an overview of the Commission system. The Iowa Civil Rights Commission (ICRC) has
jurisdiction over all of the non-federal discrimination cases in Iowa. Communities with a population of
29,000 peopJe or more are required to have a human rights/civil rights ordinance and a commission to
enforce the law. The local ordinances can be more inclusive than the state law. For instance, Iowa
City protects sexual orientation and gender identify but the ICRC does not. Beckmann explained that
Sullivan was going to discuss Johnson County and the classes that are not covered under the state
law, i.e., sexual orientation, gender identity and marital status. Beckmann asked that Sullivan explain
his idea, the Commission can ask questions and then the Commission can decide whether to have
additional time for discussion.
Sullivan explained that he is a candidate for the Johnson County Board of Supervisors. When Sullivan
first started running for office about a year and a half ago, he had the idea of increasing the human
rights protections in Johnson County. Sullivan would like to extend Iowa City's Human Rights
protection to citizens in the County. Sullivan spoke with Pat White, County Attorney, about this issue.
White said that counties could not pass an ordinance that would be "applicable" county wide because
the rights of the cities would take precedence in this area. White did say that another possibility would
be to pass an ordinance that would apply to just the unincorporated areas of Johnson County. The
supervisors do have the authority to pass this type of ordinance. Sullivan said that there are 18,000
people that live in the unincorporated areas of Johnson County. So there are more people in the
unincorporated area of Johnson County then there are in the City of Coralville. Sullivan said that he is
aware of the fact that the ICRC protects persons in the county from discrimination based on all of the
protected categories covered in the Iowa City ordinance with exception of sexual orientation, gender
identity and marital status. Rod and Pat discussed proposing to the City that the County purchase
human rights investigation services from the City. If the County was willing to adopt the same
ordinance, the same language, the County could purchase the human rights services at whatever rate
the City felt was adequate to cover the cost. White said that a 28E Agreement could do that relatively
easily.
Sullivan indicated that he was aware of the fact that the staff in human rights was very busy and
hesitant to take on more work but he does not believe that taking on the cases from the unincorporated
areas of Johnson County would be too burdensome. Sullivan stated that Shank had told him that the
majority of cases she receives in her office are related to employment discrimination. In the
unincorporated areas of Johnson County there are few businesses and a lot of farmers so Sullivan
believes there would be a small number of cases and it would not be a huge burden.
Sullivan admits that this proposal is very preliminary and several things need to happen. First, Sullivan
hopes to be elected on November 2. If he is, Sullivan can pursue this idea as an elected official. If he
is not elected, he would still like to pursue it as a citizen. "It is going to require a majority of the Board
of Supervisors to vote to approve pursuing it. It is going to require the City of Iowa City to agree to look
into doing some kind of agreement with the Board of Supervisors." Sullivan added that his plan was
going to require the Commission's acceptance because the plan would be "hard to sell" if the
Commission was opposed to it. If the Commission sees the value in the plan, it will be much easier.
Retish pointed out that in order for anyone to make a cogent decision about the proposal, one would
need to have more information as to the actual cost, i.e., person hours, follow up, etc. Retish said that
he was not comfortable with Sullivan's statement that the County contained very few businesses in the
unincorporated areas. Retish stated that he would like to have better data, i.e., number of businesses,
distance, travel and interview time, etc. He added that the attorneys in Iowa City didn't have a lot of
spare time. Retish said that when there is a discussion about purchasing services it is always, "we
have to go with the least common denominator," and that means people will start working 1 Y. time, 1 Yo
times. Retish asked Sullivan to address his concerns because he did not want to be a party to pressing
the attorneys to work even harder and having them only receive a minimal salary raise. He thought
there would be a struggle to hire additional staff even if more were needed. Retish said that Sullivan's
proposal would be very carefully scrutinized. Sullivan said that the proposal has been suggested at
various public forums but it has not been raised with the Board of Supervisors. Beckmann said that the
Commission is always in favor of protecting person's human rights. She does not believe that the
Commission is in the position to take a stance one way or another. The real concern Beckmann has is
that she believes Sullivan coming to the Commission first is backwards, as the Commission does not
solicit business. Furthermore, usually the process would be for the County to pass an ordinance and
then ask the Commission if services could be purchased from it. Beckmann also does not know if State
law allowed the County to pass a County human rights ordinance and she does not know how the state
would handle those complaints. Beckmann stated that she did not feel comfortable addressing
Sullivan's proposal without answers to those questions. Sullivan indicated that he is not asking the
Commission to do anything at this time. He was simply trying to give the Commission a heads up.
McCue said the Commission is in favor of protecting human rights but whether Sullivan's proposal is
viable cannot be decided. McCue said that he wishes Sullivan well. Shorr appreciated the fact that
Sullivan brought it to the Commission's attention before it came out in the paper. Beckmann asked
whether Sullivan had gotten any feedback from citizens in the unincorporated areas that they strongly
wanted or needed the added protections. Sullivan has gotten feedback from persons that do not live in
the unincorporated area but are aware of people that do and would attend meetings on this issue.
Sullivan said that he doesn't know whether a large outcry for an ordinance is necessary for the law to
be passed. Sullivan believes some folks may be uncomfortable with the issue and others will say that
there is no need. Sullivan would prefer to push those folks a bit harder. In closing, Sullivan stated that
he wanted to pursue this issue. Shank asked Sullivan whether the County had thought of hiring a
person to do this job. Sullivan said that he thought the County would more of an interest in paying for
the services of an agency already in place, that enforces an Ordinance with greater protection than that
offered by the ICRC.
Witwer asked whether this proposal would overwhelm the staff? McCue said that he did a quick review
of the local cases and there were only two sexual orientation cases. Shorr asked whether Sullivan was
proposing to add all of the protected categories as opposed to just one? Shorr thought that Sullivan
was asking for an option other than the state to address complaints of discrimination. Beckmann said
that the Commission would follow this issue as it progressing.
2. APPROVAL OF THE MINUTES: Shorr said that he wanted to delete a sentence that he said under the
housing section. Beckmann said something couldn't be removed just because a Commissioner decides
he or she does not like what was said at the previous meeting. Shorr said that further in the same
paragraph, he meant that the crisis itself was the Shelter House's need for a new location and facility.
Cummings mentioned that she works at NCS not ACT and she student taught in Houston. Motion to
pass amended minutes: Witwer/McCue Motion passed unanimously.
3. RECOMMENDATIONS TO COUNCIL: No
4. NEW BUSINESS:
HousinQ Forum: Shorr said the recent Human Rights Business Award winner, the Iowa City Area
Association of Realtors and specifically Cheryl, indicated that she and the business would become
involved in any forum the Human Rights Commission wants to plan. Shorr said that the program
should be scheduled prior to the busiest leasing period. Shank mentioned that landlords ask tenants
whether they want to retain their apartments as early as February. Beckmann indicated that she
thought February was a great time. Shorr said that he wanted this program to be about tenant's rights
and responsibilities. Beckmann said that the program should include information about landlord's
rights & responsibilities in a rental situation. Shorr said the goal of the program would be to provide
information regarding rights & responsibilities of the parties in rental situations. Shank indicated that
Legal Aid published a book on tenant/landlord law in Iowa. It sells for $20.00 and it is quite
comprehensive. In addition, Jan Rutledge and Chris Lezzie, attorneys at Legal Aid are quite
knowledgeable about this topic. Beckmann said there is a web site at the U of I that deals with
tenant/landlord issues. Shank stated that the Tenant/Landlord Association is located in the Iowa
Memorial Union. Persons that work in the Association actually assist persons with any housing issues
of this kind, whether or not they are affiliated with the U of I. Beckmann asked about a tenant
association in City Hall and Shank said that she is not aware of any association of this sort. Shank did
indicate that in town there is a landlord association. Retish said that there are many levels being
discussed. On one level, the Commission can get into expectations and a forum can be put together
with two owners and two renters talking about what they expect when after they enter into a rental
agreement. Another level incorporates the law and the obligations of both parties, tenants and
landlords. Shank said that she believes it is essential to have someone knowledgeable about
landlord/tenant law present. It would not do anyone any good if the tenants and landlords talk about
what they expect after a lease is signed and their requirements/expectations violate the law. Retish
said that it would bring people to the forum if there was a discussion as to what each party legally can
or cannot do in the tenant/landlord relationship. Retish stated that there have been allegations that
realtors have red zones in Iowa City. There are areas in Iowa City that realtors purposefully steer
people away from. Retish said that persons only need look at the population in the schools to identify
which area are which. Retish thought it would be interesting to find out how realtors make decisions
about where they will direct persons to go to rent or buy property.
Shorr said that the issue of jurisdiction was raised earlier and he wondered if there would be a problem
if a housing forum was offered. Shank said no. To recap the discussion Shorr indicated that the
housing forum would allow the Commission to bring in experts to explain the law and/or tenant/landlord
relationship, an informational kind of event. Retish said that he does not think that a program like this
will not draw a large crowd. He said that it is too much like a lecture. He is in favor of starting out with
some tangible law and then have the landlords and tenants to discuss certain experiences they have
had in the leasing relationship. Shorr said that his one prejudice is that he thinks a panel should be
made up of three or less persons. Cummings said that it would be good to have an interesting person
that knows the law and open it up to questions from the audience. McCue said that he recalls that a
number of years ago he thinks there was a tenants' rights association in Iowa City. Beckmann said that
Shorr and Cummings should work together to plan the February housing forum and bring information
back to the Commission in a month or two.
5. OLD BUSINESS:
Diabetes Banquet - Organizer - Professor Denita Gadson. NEW Date: October 29, 2004 Shank said
she would contact Geoff Wilming to see if he wants a ticket. Witwer said that she would attend.
Rachel Simmons author of Odd Girl Out: The Hidden Culture of AQQression in Girls. Simmons
will be at Kirkwood College in Cedar Rapids on February 20th, 2005. Shank confirmed that as a
consequence of ICHRC's co-sponsorship, Diane Constantine is providing the Commission with 15 free
tickets. Commissioners can decide to give the tickets to educators. Witwer said that she talked to
Marian Coleman and she is excited about it and she was going to promote it. Beckmann asked how
the Commission would distribute the tickets in a fair manner? Witwer said that she believed the
decision should be left up to Coleman. Shank said that the ticket price has not yet been determined
and it is dependent on the amount of money Constantine requires to pay Simmons' fee.
Shorr asked whether the Commission is still in the stage of identifying school personnel that are
interested in persons most interested in the anti-bullying efforts? Beckmann wondered whether Shorr
meant persons that were interested in pursuing some sort of curriculum in the classroom? He said
"right" and asked if the Commission was any more organized than that? Witwer stated that Govenor
Vilsack had even jumped on the anti-bullying bandwagon. Shank said that she received the anti-
bullying program from Dr. Olweus in Norway and had taken it out to Southeast Junior High. Principal
Deb Wretman indicated that with no child left behind, the teachers do not have the time, staff etc.
Retish said that every school is having difficulty balancing all of their responsibilities since "no child left
behind" was instituted. Shank said that she understands the difficulty. Retish said that the best the
Commission can do is to share with Marian Coleman the fact that the Commission has the Olweus
program and is willing to share it and help out in any way to implement it in the Iowa City Community
School District. Werwer said that the Commission should consider different schools not part of the
Iowa City Community School District. McCue suggested that Coleman could receive ten tickets and the
Commission could distribute the other five. Witwer said that she thought United Action for Youth was a
great organization as it was a leader in the anti-bullying issue and it had a public forum on the issue
early on. Beckmann made a motion that Witwer would decide how to distribute the fifteen free tickets
to the Simons's program and get back to the Commission with other information relevant to this
program. MOTION: Seconded by many and passed unanimously. Shorr followed through by trying to
have Simmons booked for a program the day following the event in Cedar Rapids. He was
unsuccessful. Witwer said that Martin Luther King day is the time when the ICCSD looks at issues like
bullying. Shorr asked whether Vilsack's efforts were going to be effective. Witwer said that she
believed it would be helpful if Visack did indeed provide money to train teachers regarding bullying.
Human Riqhts Breakfast - Witwer announced that Beckmann did a spectacular job as the MC at the
breakfast. The other Commissioners agreed with this assessment and gave Beckmann a round of
applause. McCue said that he had a number of people come up to him afterwards mentioning that they
liked Phil Mears' speech. Retish thought Mears' speech was longer than what everyone expected but it
was full of great content. Beckmann agreed. McCue said that people mentioned that they were glad
that we were able to provide a forum for Mears to explain what he did and why he believed it was
important. Shank said that Mears is rarely asked to speak about what he does. Cummings indicated
that that was what she thought when he went on for a longer period of time. Beckmann said that Shank
got a lot of positive feedback about the change in format. Retish mentioned that there were a lot of
people that did not come to the breakfast. Shank responded that the Chamber of Commerce has their
annual meeting on the same Thursday that the Commission has the breakfast. In addition, there was a
League of Cities meeting so many of the City Council members were not present. Finally, the Mayor's
radio address was changed to Thursdays so he could not attend. Beckmann said that an easy remedy
for this problem would be to change the day of the breakfast.
Beckmann stated that usually the person selected to receive an award and their spouse/partner receive
a breakfast ticket from the Human Rights Commission. In the past the person that nominated the
winner also received a breakfast ticket. There appears to be a trend now of more than one person
nominating a potential winner. Shank asked Beckmann to raise the issue so the Commission could
adopt a specific policy regarding tickets for nominators. Beckmann asked for a motion that the Human
Rights Commission pay for the breakfast ticket for one nominator if that person's nominee is selected to
receive a human rights award. MOTION: Retish so moved and McCue seconded the motion.
MOTION: Passed unanimously.
Retish asked the number of attendees. Shank said that the number was lower than usual because the
newspaper did not print the story. The newspaper has said it would do better next year. Beckmann
received a ticket that morning because the parking ramp was closed. Beckmann said that the
Commission needed to check with the Union next year to make sure the ramp would be open on the
day the breakfast is scheduled. Retish said that the Commission made a mistake by having Music on
Broadway too close to the breakfast. Beckmann said that everyone should be thinking about a speaker
for next year.
Music on Broadwav- Beckmann announced that she owed everyone a huge apology. She woke up
on the day of the event thinking that she was going to take the kids and the next time she thought of it
was Monday morning. She was embarrassed because she always tells everyone else that the
Commission needs to attend the programs it co-sponsors. Retish said that Music on Broadway was a
great beginning. There were not as many people from the neighborhood as Retish would have liked
and the police presence was frequent. Officers frequently drove around the block in their cars and one
officer even came on his bicycle. Retish said that he thinks the planning group has gained some
respect and credibility from the neighborhood. He said that the program needs to be repeated and
there needs to be better signage as to where it is. The problem was the construction around the
Pepperwood Mall area. The idea for the program was fabulous as was the cooperation of the
musicians. Beckmann liked the newspaper article a lot. Shank said she would never forget the last
scene of the program. When she looked around everyone, adults and children had a harmonica to their
lips and they sounded good.
Buildina Blocks to Emolovment - Retish said the event is in the vacant store that held "The Pet
Degree." Shank spoke to Commissioners about their assignments. The Broadway Initiative group is
providing free dinner. Witwer said she would take a poster to someone that had mentioned her need
for a job.
Educational Outreach -
a. Movie series - Beckmann said that the movie would be in January, February and March.
Beckmann said that the Commission had suggested the second Tuesday of those three months. In
January the movie is Bang, Bang You're Dead, the Fred Phelps movie, "God Hates Fags" and Shank
recommended "Let's Get Rea!." Witwer said that "Let's Get Real" is not that long. Beckmann said that
the shorter length is fine. She also told Shank not to worry about booking the library until after the
Building Blocks Program.
7 Reports of Commissioners -
Retish: reported that Nick Colangelo, Director of the Belin Blank Center, has developed a committee
on diversity as it relates to giftedness. He has also formed a committee of which Retish is a member
but it is a wide-ranging committee with a number of leaders from the University.
Retish also mentioned that a "Sports Jock" on the radio in Des Moines last week said, "The way to
solve the problem of Jewish baseball players trying to decide whether to play on High Jewish holidays,
is that they should all convert and accept Jesus and that would solve all of their problems. Retish
stated, "Do I think this is earthshaking? No. Do I think this is something we should be aware of? I think
so. I heard this and I am a little taken back by it."
Shorr: No.
Witwer: read in the Gazette about the people getting organized to get the shelter out of their
neighborhood. She wondered because this issue was in the minutes. Beckmann forwarded the
summary of the Commissioners' conversations in the form of a letter to Dale Helling. Helling is going to
put it in the City Council packet. The letter asks the Mayor for a meeting with members of the City
Council. Witwer also asked about the Youth Awards. Beckmann said that all that needed to be done is
the distribution of the nomination forms. The Principle of one of the high schools complained that he
had brought the issue up a number of times but he couldn't get teachers to get enthused. Beckmann
said that she could talk to the Principal at her daughter's school. Beckmann also said that she
contacted the boy scouts and girl scouts. Witwer said that the forms should be taken to the
Neighborhood Centers. Beckmann said that the kids that won last year could win again this year as
long as they win for different things. The announcement of the winners is April 1.
Adjournment: 8:43 p.m.
8 Status of Cases
9 Adjournment
IJ:[
MINUTES APPROVED
HISTORIC PRESERVATION COMMISSION
SEPTEMBER 23, 2004 - 7:00 P.M.
EMMA HARVAT HALL - CIVIC CENTER
MEMBERS PRESENT: Michael Maharry, Mark McCallum, Amy Smothers, Jann Weismiller, Tim Weitzel
MEMBERS ABSENT: James Enloe, Michael Gunn, Jim Ponto, Justine Zimmer
STAFF PRESENT: Shelley McCafferty
OTHERS PRESENT: Rodney Lehnertz, Jean Walker
CALL TO ORDER: Chairperson Maharry called the meeting to order at 7:02 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
ITEMS FOR CONSIDERATION:
Public meetinq to consider the nomination of the proposed Melrose Historic District to the National
Reqister of Historic Places.
McCafferty said this will be an evaluation of the National Register nomination for the Melrose Historic
District. She said that, as a Certified Local Government, the City is required by contract to comment on
whether the proposed nomination is eligible or not eligible and to take public input regarding the eligibility.
McCafferty said this needs to be completed at the present meeting, as the State Nomination Review
Committee will review this nomination at their October 8th meeting. She said the neighborhood association
held a public informational meeting, and two Commission members attended as did architectural historian
Marlys Svendsen. McCafferty stated that about 25 people attended the meeting.
Public hearing:
Rodnev Lehnertz said that he is the Director of Campus and Facilities Planning for The University of
Iowa. He distributed maps that outlined properties owned by the University to Commission members.
Lehnertz read a letter that he submitted to the Commission.
Jean Walker said she represented the Melrose Neighborhood Association. She stated that the
Neighborhood Association hired Marlys Svendsen, who has done a lot of successful work in Iowa City
already, to research the area. Walker said Svendsen informed her that she would not have undertaken
the project if she did not believe it was successful, and now that she has done all of the research, she is
still of the same mind.
Walker stated that this is a unique area that came into being in the late 1800s, and then there were
various waves of building. She said the last big wave occurred when University Hospitals moved from the
east side of the City to the west side. Walker said those structures are very much connected to the
University because of the relocation of University Hospitals and because of the athletic facilities on the
west side.
Walker said there have been other areas on the west side of the City that have been demolished due to
University expansion, and this is the last remaining vestige on the west side of the City. She said she
feels it is very important to preserve the area and feels the historic district should be nominated to the
National Register of Historic Places.
Walker said she just received the University's letter. She said she is glad the University is taking an
interest in the historic nature of this neighborhood. Walker said she hoped the University's review of this
would be as quick as possible and would be available to the public.
Historic Preservation Commission Minutes
September 23, 2004
Page 2
Smothers asked Walker how many neighborhood meetings were held regarding this potential district.
Walker said that three or four meetings were held. She said she initially polled people for whom she had
e-mail addresses, which was 38 of the 70 owners, and only two of the 38 did not want to see this become
a historic district. She said there are 85 properties in the district.
Walker said the neighborhood then held various meetings, and she sent a preliminary notification to all of
the property owners. She said that all through this she wanted it to be a transparent process and wanted
everyone to know what was going on.
Smothers stated that the neighborhood association did an excellent job for a grass roots program. She
said that is where preservation stems from and is where the Commission gets its ideas of how people
want preservation to work in Iowa City.
Maharry asked Walker if University representatives were invited to the meetings. Walker said the
University representatives were invited and attended two meetings at which Svendsen made
presentations.
Maharry asked Lehnertz if the University is contending that their properties may not fit into the context of
the proposed district. Lehnertz responded that the University wants to ensure is there was due diligence
in respect to their properties in the preparation of the nomination. He said it is not the intent to say that the
University would like its properties to be out of the nomination, but the University wants to study its
properties with respect to and in relationship to this document. Lehnertz said the University wants to
ensure that what goes forth to the State and federal review is accurate and represents the neighborhood
accurately.
Smothers said that Svendsen has been working in historic preservation for over 35 years with 25 years in
Iowa City alone. Lehnertz said he did not question Svendsen's expertise or the process. He said that as
he looked at the document in an early review there were some things that appeared to be inaccurate at
first glance, including a statement that ownership of the properties was solely private and a statement that
there are no religious institutions or purposes in any of the structures.
Lehnertz said the University wanted to get a better chance to review the document for accuracy. He said
the University consultants have informed him that to take a look at the University properties from the
University's perspective is a course of due diligence that best represents the University's and
community's interests in making sure the properties are accurately represented and fit into the context of
the study.
Smothers said that the document was written for a context. She said that each and every property adds to
that context. Smothers stated that cohesiveness is what the Commission looks at in determining whether
a district is eligible to go to the State and to the National Register.
Lehnertz said he does not question the validity of the report itself. He said the University consultants have
suggested that the University take a careful look at its properties as they relate to the overall document
and the report itself.
McCafferty said that all owners of properties in the district may continue to comment until the district is
listed on the National Register.
Maharry asked if there is a remedy to correct errors of fact if the Commission should recommend
approval of this. McCafferty said that after the review process there will be comments, and there can be
changes and edits to the nomination as a result of the process. She said there is still opportunity for
verification of facts and changes if necessary.
McCafferty said that based on information received from the public, its reading of the document, its
understanding of the document, and the National Register criteria, the Commission's purview is to state
whether or not it feels this district is eligible for the National Register. She stated that the State
Nomination Review Committee will take the recommendation into consideration when making its
nomination to the National Park Service.
Historic Preservation Commission Minutes
September 23, 2004
Page 3
Public hearing closed.
McCallum said this district is neighborhood initiated. He said that for that reason, he is impressed with this
submission and felt favorably inclined to move it forward.
Weitzel said he attended the neighborhood meeting, and it was up to Svendsen's usual high quality. He
said the questions were pretty routine, and there was no sense of opposition to the district. Weitzel said
the document is solid and consistent within itself. He said he would support this and did not see any
reason not to support this as eligible.
MOTION: Weitzel moved to recommend to the State Historical Society if Iowa that the Melrose
Historic District is eligible for listing on the National Register of Historic Places. McCallum
seconded the motion. The motion carried on a vote of 5-0.
McCafferty said this item and motion will be on the October 4th City Council meeting agenda, and the
mayor will have the authority to either agree or disagree with the eligibility. She said that recommendation
will then be forwarded to the State for its October 8 State Nomination Review Committee meeting.
Certificate of Appropriateness: 525 Iowa Avenue.
McCafferty said this application was withdrawn.
MINUTES:
September 2. 2004.
Maharry had a few minor changes.
MOTION: Weitzel moved to approve the September 2, 2004 Historic Preservation Commission meeting
minutes, as amended. McCallum seconded the motion. The motion carried on a vote of 5-0.
September 9, 2004.
Maharry said that on page nine. in the fourth paragraph after the public hearing was closed, the number
of properties under design review should be changed to read approximately 1,100 instead of 1,700 to
1,800. Maharry also recommended some nonsubstantive clarifications.
MOTION: Smothers moved to approve the September 9, 2004 Historic Preservation Commission meeting
minutes, as amended. Weitzel seconded the motion. The motion carried on a vote of 5-0.
INFORMATION AND DISCUSSION:
Maharry said McCafferty included statistics regarding the Commission's past application reviews.
Maharry said there is also information regarding a comparison of property values in the Summit Street
Historic District and the Kirkwood Neighborhood.
Maharry said that the Dubuque City Council recently voted to demolish eleven historic buildings, some of
which are listed on the National Register, in downtown Dubuque.
ADJOURNMENT:
The meeting was adjourned at 7:45 p.m.
Minutes submitted by Anne Schulte
s:/pcd/minutesihpcl2004/hpc09-23..Q4.doc
Historic Preservation Commission Minutes
September 23, 2004
Page 5
Historic Preservation Commission
Attendance Record
2004
Term
Name Expires 1/08 2/12 2/26 3/11 4/8 4/22 5/13 5/27 6/10 6/14 7/8 7/22 8/10 8/26 9/2 9/9 9/23 10/14 11111
A. Smothers 3129105 NM X OlE X X X X OlE X X X X X X X X X
J. Enloe 3/29106 NM OlE X X X 0 0 0 0 0 0 0 0 0 0 0 0
M.Gunn 3/29107 NM OlE OlE X OlE OlE X X X X 0 X X X X X 0
M. Maharry 3/29/05 NM X X X X X X X X X X X X X X X X
M. McCallum 3129106 NM X X X X X X X X X X X X X X X X
J. Ponto 3/29107 NM X X X X X X X OlE X X X X X X X OlE
P. Sueppel 3/29106 NM OlE OlE X X X X X X 0 X 0 -- -- -- -- -- -- -- -- -- --
J. Weissmiller 3/29106 -- -- -- -- ---- ---- ---- -- -- ---- ---- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 0 X
T. Weitzel 3/29105 NM X X X X OlE X OlE X X X X X X X X X
J. Zimmer 3/29107 -- -- -- -- ---- -- -- OlE OlE OlE X OlE X 0 0 X X 0 0 0
Key:
X = Present
0 = Absent
OlE = Absent/Excused
NM = No Meeting
-- -- = Not a Member
c;:
MINUTES APPROVED
IOWA CITY BOARD OF ADJUSTMENT
OCTOBER 13, 2004
EMMA J. HARVAT HALL - IOWA CITY, CITY HALL
MEMBERS PRESENT: Carol Alexander, Vincent Maurer, Dennis Keitel, Karen Leigh, Michael
Wright.
STAFF PRESENT: Robert Miklo, Sarah Holecek
OTHERS PRESENT: Bob Downer, Dick Brown, Nestor Lobodiak, Mark Nelson, Sherry Lobodiak,
Trevor Wood, Drew Dillman, Greg Schrock, Judy Dillman, Benjamin Moore,
Linda Schrock, Steven Rohrback
CALL TO ORDER:
Chairperson Keitel called the meeting to order at 5:05
CONSIDERATION OF THE AUGUST 12, 2004 BOARD MINUTES
Chairperson Keitel accepted a motion to approve the minutes from August 12, 2004
MOTION: Maurer moved to approve the minutes from August 12, 2004. Leigh seconded the
motion.
Chairperson Keitel said that item E, APL04-00004. from the agenda would be deferred for discussion to
the next meeting of the Board.
Downer, the attorney for the Wesley Foundation, which had submitted the appeal, said that he was
prevented from completing the preparation of presentation to the Board because of some unexpected out
of town trips, and family medical emergencies.
MOTION: Wright moved to defer APL04-00004 to the next meeting of the Board. Maurer seconded
the motion.
SPECIAL EXCEPTIONS:
EXC04-00020
Discussion of an application submitted by First Presbyterian Church for a special exception to permit
installation of a columbarium for the use of the church members for property located in the Low Density
Single-Family Residential (RS-5) zone at 2701 Rochester Avenue.
Before starting the staff report Miklo presented slides showing the location of the church, pictures with the
proposed columbarium, and a plan with the dimensions of the project. Miklo said that the First
Presbyterian Church was built in 1974 when this property was zoned R1A, Single Family Residence
Zone. Churches were a permitted use in the R1A zone. In 1983, he said, as part of a citywide rezoning,
the City rezoned this property to RS-5, Low Density Single-Family. Religious institutions require a special
exception in the RS-5 zone. He added that any extension of the existing church on this property requires
approval of a special exception.
Miklo stated that a columbarium is a vault with niches for urns containing ashes of the dead. He added
that the columbarium is intended for use of members of the First Presbyterian Church, and as such, is a
facility related to the use of the church.
Miklo mentioned that there are some specific standards in the Zoning Ordinance regarding religious
institutions. He said that it is required that religious institutions have access to a collector or an arterial
street and that religious institutions in the RS-5 zone are required to have a minimum lot area of 40,000
square feet and buildings must be setback 2 feet for everyone-foot of building height. Miklo said that the
existing church and the proposed columbarium meet all of these requirements.
Board of Adjustment
October 13, 2004
Page 2
Miklo said that in addition to the specific requirements for religious institutions, there are the general
standards that have to be met. He said that the specific proposed exception should not be detrimental to
or endanger the public health, safety, comfort or general welfare. He mentioned that in staffs view the
expansion of this religious institution to include a columbarium will have minimal effect on public health,
safety, comfort or welfare. He said that the proposed columbarium is relatively small in scale and should
generate minimal traffic. He added that it will be situated on the property so that it will not be highly visible
from nearby properties.
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 substantially diminish or impair property values in the
neighborhood. He reiterated that the columbarium will not be highly visible and should generate minimal
traffic and thus will have minimal effect on adjacent properties.
Miklo continued by saying that the establishment of the specific proposed exception should not impede
the normal and orderly development and improvement of the surrounding property for uses permitted in
the zone in which such property is located. The proposed columbarium is relatively small in scale when
compared to the existing building and in staff's opinion will not significantly alter the character of the
neighborhood. Miklo said that the structure will not be highly visible from adjacent properties, and
although it may generate occasional visitors, traffic associated with its presence should be negligible and
therefore in staffs opinion it will be compatible with the nearby residential uses.
Miklo said that adequate utilities should be in place and measures should be taken to provide ingress or
egress designed to minimize traffic congestion on public streets. He mentioned that adequate utilities,
drainage and access are in place to serve the existing church, and the columbarium should not increase
demand on these facilities. He stated that the church has two driveways onto Mt. Vernon Drive and one
onto Rochester Avenue. The proposed columbarium would be located to the west of the driveway onto
Rochester Avenue. As noted, traffic associated with the columbarium should be negligible.
Miklo said that except for the specific regulations and standards applicable to the exception being
considered, the specific exception, in all other respects, conforms to the applicable regulations or
standards of the zone in which it is located.
Next, Miklo said that the proposed use should be consistent with the short-range Comprehensive Plan of
the City. He said that the Northeast District Plan identifies this area as appropriate for institutional uses,
which would include religious institutions.
Staff recommends that EXC04-00020, an application for a special exception to permit installation of a
columbarium for the use of the church members for property located in the Low Density Single-Family
Residential (RS-5) zone at 2701 Rochester Avenue be approved, subject to general compliance with the
plans submitted with the application.
Alexander asked if there are other churches in Iowa City that have a columbarium. Miklo answered that
the Trinity Episcopal Church on College Street has a columbarium.
Wright asked when that columbarium was put in placed. Miklo answered that he believes that it was in the
past 10 years.
Alexander asked if within the standards for religious institutions there are any parking requirements. Miklo
answered that there are parking requirements, and they deal with the size of the sanctuary or main
meeting room, and that there are no additional parking requirements for other uses that might be
associated with the religious institutions. He added that at the time of review, if there was believed that
there was a need for additional parking spaces, it could be included as a condition for approval. Miklo
stated that in the specific case, the staff believes that no additional parking is required.
Maurer asked how many spaces would the columbarium have. Miklo answered that there would be 192
total. In the event that the columbarium would become full, any addition to the columbarium, or another
columbarium would require an additional special exception to be reviewed and approved by the Board of
Adjustment.
Board of Adjustment
October 13, 2004
Page 3
Public Hearina Opened
Dick Brown, 2905 Saddle Club Road, said that he represents the First Presbyterian Church, and about
three years ago, when the columbarium idea appeared they thought about going south of the parking lot
of the church where there is a lot of open space. He mentioned that then they went through the process
of examining the possibility of putting the columbarium inside, and the idea did not work. However, he
mentioned, the north side of the building seemed to be the best site.
Maurer asked what were the reasons for not putting the columbarium in the back of the church. Brown
answered that because of the neighbors. He said that by putting the columbarium in the front, there are
no neighbors around.
Keitel asked if the columbarium would have secure doors. Brown answered that is true.
Reverend Moman, 122 South Linn Street, the pastor of the First Presbyterian Church said that the reason
for doing the columbarium is for the members of the congregation, and their families. He added that they
do not want to advertise or market this. He said that he does not anticipate an increase in traffic because
there are already funerals taking place at the church; however, he said that there might be a possible
decrease in traffic because the interment will be in the same place. He mentioned that there are
thousands of churches around the country that use columbarium, which allow churches to minister to their
members, and care for them from birth through death. He added that people feel good that their remains
would be by the church.
Nester Lobodiak, 229 Green Mountain Drive, said that he purchased his home three months ago.
Lobodiak said that prior to purchasing the house he looked up for the zoning classification of the
neighborhood, and determine that it was RS-5. He mentioned that although the Zoning Chapter clearly
excludes cemetery and mausoleums as facilities related to uses of churches, the staff recommends the
Board of Adjustment approve this application and this amounts to an amendment to the Zoning Chapter
to include columbarium as facilities related to the uses of churches. He added that in the essence the
staff asks the Board to de facto rezone the property so that it can accept a cemetery.
Lobodiak mentioned that this is the first case of this type that the Board faces. He added that historically,
there are no church graveyards in the town. He said that when the town was plated, they plated two
cemeteries, and since then, a third one was added.
Lobodiak mentioned that he thinks that the City staff is wrong. He said that having a columbarium might
be a good idea, but the Board of Adjustment cannot make policies; only the City Council has that power.
He said that the Board of Adjustment has to act within the powers given by the code in chapter 414, and
those powers do not include amending the zoning ordinance, or rezoning property. He said that the Iowa
City Zoning chapter adopted in 1978 does not define the term columbaria in article B that is the
definitional section. He said that Webster Dictionary defines columbarium as a vault with niches for urns
containing ashes of the dead. He mentioned that the zoning chapter is completely silent regarding the use
of the term columbarium.
Lobodiak said that since adoption of the Zone chapter in 1978, the term cemetery has never been defined
in the definition section. Webster merrily defines cemetery as a burial ground. He mentioned that the
applicant and City staff want the Board to believe that installing a columbarium onto a parcel of land, and
then putting cremated human remains in that columbarium does not result in that parcel of land becoming
a cemetery under Iowa law. He added that both the applicant and City staff know they are wrong. He
stated that a columbarium once it contains human remains, changes the character of the property forever
in the State of Iowa, it becomes a cemetery. The reasons for becoming a cemetery, as he mentioned are:
First, he said that although the zoning code was adopted 26 years ago, 9 years ago, the State of Iowa
specifically enacted legislation regulating all cemeteries in Iowa and they defined a cemetery to mean a
cemetery, mausoleum, columbarium, or other space held for the purpose of burial, entombment, or
interment of human remains and where such space is offered for sale to the public. Lobodiak said that
under article 566 of the Iowa Code, is it clear that First Presbyterian would have a religious cemetery. He
said that the first urn of cremated human remains would convert the property to a cemetery, and there is
nothing that anyone could do about it at that point. He mentioned that once it is a cemetery, is a
cemetery, and the State of Iowa is not going to dictate whether it can be below ground, or aboveground.
Board of Adjustment
October 13, 2004
Page 4
Lobodiak said that other evidence that the columbarium would be intended as a cemetery, includes the
brochure provided from the manufacture of the columbarium proposed by the First Presbyterian Church,
on which it is written "preassembled, and delivered complete to your cemetery", and on the first page is
written "when people choose cremation, can they still use your cemetery?" He said that there is no
question that this would be a cemetery.
Lobodiak mentioned that the City of Iowa City recently installed a columbarium in the Oakland Cemetery.
He added that if City had chosen to place the columbarium into City Park, that park would immediately
change into a cemetery. He said that although the term cemetery is undefined in the definitional section, it
is specifically used in three areas of the zoning chapter. He added that it is used under the definition of
RM-12, under the definition of RM-20, and under the definition of CC-2, which is Community Commercial.
Lobodiak said that under those specific provisions cemeteries and mausoleums may only be allowed by
special exception. Cemeteries and mausoleums, he added, are not special exceptions under RS-5.
He mentioned that there is a requirement in article L that new cemeteries should not be placed on a lot
less than 20 acres, and the First Presbyterian lot has only 1.96 acres. Lobodiak said that in the first
paragraph of article L it says, if the regulations of the zone in which the use is allowed as a provisional
use or special exception conflict, the most restrictive regulations shall govern. He said that specific
governs the general. He added that the provisions the staff is hanging their recommendation on are the
provisions that a cOlumbarium, which is essentially a cemetery, facilitates the use of the church. He said
that this is not in the provisions, if looking at article L, religious institutions, the specific regulatory
requirements are dimensional, referring to lots size, collector streets, and cemeteries and mausoleums.
He said that facilities related to the use of churches do not include cemeteries or mausoleums. He added
that the argument that a cemetery could be a facility related to the use of churches is unreasonable,
because when the chapter was drafted, they knew how to define cemeteries and mausoleums, as to their
most restrictive use which is its got to be 20 acres, it has to be RM-12, RM-20, or CC-2.
Lobodiak said that the staff has went over the general standards, and mentioned that the specific
proposed exception should not be detrimental to or endanger the public health, safety, comfort or general
welfare. He said that burials are generational; there would be families requesting different types of burial,
and in the future, the Board will have to deal with the request for more columbarium.
Lobodiak stated that the proposed exception should 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. He said that he thinks that it will diminish or impair property values in the neighborhood
because the property will immediately be rezoned from a RS-5 to a RM-12, or RM-20, and that would
substantially affect the property owned.
He added that the establishment of the specific proposed exception should not impede the normal and
orderly development and improvement of the surrounding property for uses permitted in the zone in which
such property is located. He said that cemeteries are not permitted or a facility related to the use of a
church in a RS-5 neighborhood.
Lobodiak said that the proposed use should be consistent with the Comprehensive Plan of the City. He
said that the Comprehensive Plan does not contemplate cemeteries in a RS-5 zone. He said that this is a
precedent, if the Board would grant the special exception, there would be a large number of churches
coming to ask for a columbarium to be placed by their church.
Mark Nelson, 2727 Rochester Street, said that when the church was asked what is the congregational
thought about having a columbarium on the church's land, they replied that they did not took the idea to
the congregational vote. He said that his grandchildren are young, and he wonders how to explain to
them why there are human remains next door. He said that this runs back to the idea not in my backyard,
and he mentions that this would be exactly in his backyard.
Morgan, said that the church would never see the columbarium as a cemetery. He added that the church
would never do anything to devalue the properties, or hurt their neighbors; however, they believe that this
will enhance the properties and the neighborhood.
Board of Adjustment
October 13, 2004
Page 5
Sherrv Lobodiak, 229 Green Mountain Drive, said that their property shares a property line with the First
Presbyterian Church. She mentioned that when they bought the house, it took them over 1 year to find
exactly what they wanted, and they paid a lot of money for what they wanted, and would not like to live so
close to a cemetery.
Marv Lee Dixon, 241 Green Mountain Drive, said that she believes that not all funerals are held at the
church, some of them are held in funeral homes, and after the funeral, there is a procession to a
cemetery, and having the columbarium on the land of the church might potentially increase the traffic in
the area. She said that there was a neighborhood meeting with Dick Brown, and there was a long
conversation about what would happen when the columbarium was filled. She added that Brown said the
church has space for additional units.
Public Hearina Closed
Holecek said that the staff position on the issue is that the columbaria is a facility related to the use of
religious institutions. She added that for the Board to approve this, they also have to find that this is
indeed a facility related to the use of the church. She said that Mr. Lobodiak argued that this type of use
standing alone is not allowed in the zoning ordinance as a special exception, an accessory use, or a
primary use in a RS-5 zone. Holecek said that staff is saying that this is an issue of expansion of the
religious institution which the Board can approve in RS-5 zone.
MOTION: Leigh moved for the approval of EXc04-00020 an application submitted by First
Presbyterian Church for a special exception to permit installation of a columbarium for the use of
the church members for property located in the Low Density Single-Family Residential (RS-5)
zone at 2701 Rochester Avenue, subject to general compliance with the plans submitted with the
application. Alexander seconded the motion.
Maurer stated that he would vote in favor of the application because the columbarium is part of the
religious institution, and not a cemetery. He said that it complies with the general special exception review
requirements. He said that it will not be detrimental or to endanger public health safety, comfort, 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.
Leigh said that she would vote in favor of the application. She said that she agrees that this is an
extension of the use of the church, and that it meets the specific and general standards.
Keitel stated that he would also vote in favor for the reasons already stated. He said that there are no
State of Iowa laws that regulate the location of cremated remains. He added that if there were such laws,
it meant that his house would be classified as a cemetery because his wife's parent's remains are located
on the fireplace mantel.
Alexander will vote in favor of the motion for the previously mentioned reasons.
Wright said that would vote against the application. He mentioned that he was not convinced that this
meets the standards of being conforming to all the regulations, and does not believe that it would be an
extension of the use of the church.
The motion passed with a vote of 4 to 1, Wright voting no.
EXc04-00022
Discussion of an application submitted by Verizon Wireless for a special exception to permit installation of
a telecommunications tower site for property located in the Interim Development Single-Family
Residential (ID-RS) zone at 637 Foster Road.
Before starting the staff report, Miklo presented a slide show with the location of the tower and how it
would look when viewed from Foster Road. Miklo said that communication towers and satellite devices
Board of Adjustment
October 13, 2004
Page 6
are permitted by special exception in the ID-RS zone, provided the distance of the tower from the
property line is equal to or greater than its height above grade. He mentioned that the tower is proposed
to be located behind the storage garages for golf carts on the Elks Club property at 637 Foster Road,
approximately 400' from the Foster Road right-of-way and 1,500' from the Iowa River. The base of the
tower and the first 80 to 100 feet of the tower will be obscured by the trees in the area.
Miklo said that the ID-RS zone is one of the few zones that allow communication towers; communication
towers are not permitted in any other commercial or residential zone. He said that according to the
applicant, the proposed tower will have capacity for three additional wireless providers, and the applicant
has provided an affidavit that Verizon Wireless has a policy of allowing co-location on their towers. Co-
location, while increasing the height of the tower, minimizes the number of future towers that will be
necessary to serve the area.
Miklo said that the special exception must be in accordance to the general standards. Miklo said that the
specific proposed exception should not be detrimental to or endanger the public health, safety, comfort or
general welfare. He mentioned that the setback requirement is meant to address safety concerns with the
tower falling in high-wind event. These types of towers, he said, are designed to fold in on themselves if
they become unstable. Miklo added that under the Telecommunications Act of 1996, the Federal
Communications Commission (FCC) preempts local government on regulating radio frequency emissions
of telecommunications facilities. Because the FCC regulates radio frequency emissions, a local
government may not deny a request to construct a facility based on perceptions that the tower may harm
the health of area residents.
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 substantially diminish or impair property values in the
neighborhood. He said that while the tower will be visible from residential properties, it would not impede
their use or their further development.
Miklo continued by saying that the establishment of the specific proposed exception should not impede
the normal and orderly development and improvement of the surrounding property for uses permitted in
the zone in which such property is located. He added that the tower will not affect development or
redevelopment of other area properties. He said that adequate utilities, access roads, drainage and/or
necessary facilities should, or should have been provided. He said that the applicant intends to construct
a 150' communication tower with space for four carriers and associated equipment shelters. The 50' by
50' parcel is proposed to be surrounded by a 6' tall fence.
Miklo said that adequate measures should be taken to provide ingress or egress designed to minimize
traffic congestion on public streets. He added that the applicant notes the site will generate two to four
vehicle trips per month per carrier. He mentioned that the existing access to Foster Road will be used,
and this tower would not contribute to congestion on area public streets.
Miklo said that except for the specific regulations and standards applicable to the exception being
considered, the specific exception, in all other respects, conforms to the applicable regulations or
standards of the zone in which it is located. He mentioned that the use of communication tower should
not conflict with other permitted uses in the Interim Development zone.
Next, Miklo said that the proposed use should be consistent with the Comprehensive Plan of the City. He
said that the proposed communication tower does not conflict with the use of the property as private open
space. Miklo said that staff recommends that EXc04-00022 a special exception to permit installation of a
telecommunications tower site for property located in the Interim Development Single-Family Residential
(ID-RS) zone at 637 Foster Road be approved.
Public Hearinq Opened
Trevor Wood, 8500 West 110 Street 300 Oak Park, Kansas, said that they were trying to find a site in the
region. They first considered placing the tower in the City Park, but it was an unacceptable location, the
Parks and Recreation Commission was uninterested. He said that they believed they have a great site,
with tremendous amount of foliage in between the Iowa River and the site, and therefore there will be
minimal intrusiveness in terms of visual aspects of the tower. He mentioned that there is a significant
Board of Adjustment
October 13, 2004
Page 7
distance between the tower and the location of residential properties. Wood said that it is required for the
wireless installations to go through a cultural screening to the State Historic Preservation Officer to
determine that they are not near any culturally, archeology, or environmentally sensitive areas, which also
involves the migratory birds flight characteristics. He said that the tower would not have to be
automatically lighted.
Drew Dillman, 845 Normandy Drive, said that he lives directly across the river from the proposed site, and
that he believes that there would be a great visual impact. He mentioned that in this case, the vision
problem could be easily removed simply by moving the tower towards the highway. Dillman said that it is
a lovely area of the city, and the primary value of the properties in the area is the scenic view. He added
that admittedly, the lower part of the tower will be well covered, but the upper part will project 150' into the
air. He said that it is elevated more than 200' above the river, is a place where airplanes or helicopters
pass occasionally, and he believes that a light will be placed on the tower. He mentioned that if there
were no other alternatives, he would agree to place the tower there, however, he mentioned that there
are alternatives, and that the tower could be easily moved towards the highway.
He mentioned that he is also concerned about wild life. He said that about 90% of the birds migrate along
the path of the river, and that the tower might affect this process. Dillman said that he doubts that there is
a wild life expert that had reviewed the application, and that anyone would find that placing the tower is
something that welcomes wildlife into the City.
Dillman added that the tower would detract from his personal enjoyment of his property. He mentioned
that almost all his neighbor had developed their backyards extensively for the scenic vision. This would
not only decrease their enjoinment of the properties, but it will also decrease their value.
GreQ Schrock, 821 Normandy Drive, said that there were times when there were 26 eagles in the trees of
their backyard. He said that when the eagles leave they fly down following the path of the river. Schrock
mentioned that the tower might be a hazard for the national bird. He added that more than likely there
would be lights on the tower, which would detract from the personal enjoyment of the properties.
Judv Dillman, 845 Normandy Drive, said that every property that faces the river had developed windows,
porches that would face that tower. She added that there would not be a single owner that would not see
a decrease in their property value.
Wood said that in this case it is very important for the tower to be as close to the University as possible in
order to penetrate the deep structures. He said that in terms of the visual appearance of the site, he does
not think that the tower could be seen from the south side of the river because of the foliage. He added
that the top of the tower might be visible, but it will not be a major intrusion into the skyline. He mentioned
that it is mandatory that the tower is reviewed by a specialist in migratory patterns.
Leigh asked if there are any specifics about the lightning on the tower. Keitel answered that as a private
pilot he believes that the most that would go on that tower would be a flashing red light. He said that
those lights are soft enough for pilots to see them, but are not highly visible for people on the ground.
Dillman said that when he drives to HyVee there is a flashing light on the tower near there that he can see
without any effort.
Maurer asked if the members of the Elks are satisfied with the arrangement.
Beniamin Moore, 25 Edgewood Circle, answered that they are really happy, and there was a unanimous
vote to accept it.
Maurer said that he was a member of the Elks and asked the Assistant City Attorney if he had a conflict of
interest. She advised that he would. Maurer then stated he would abstain from this case and then left the
room.
Judy Dillman said that even though the representative of Verizon said that the tower would be covered in
foliage, there are six months per year when there is no foliage to cover it.
Board of Adjustment
October 13, 2004
Page 8
Schrock said that the tower will be greatly visible from the south side. He also said that the red lights are
very visible.
Linda Schrock, said that the tower will be higher than the utility poll that appears in the pictures, and the
poll is visible from their property, so it is obvious that the tower and the light will be very visible.
Public Hearina Closed
MOTION: Alexander moved for the approval of EXc04-00022 an application submitted by Verizon
Wireless for a special exception to permit installation of a telecommunications tower site for
property located in the Interim Development Single-Family Residential (ID-RS) zone at 637 Foster
Road. Leigh seconded the motion.
Alexander said that she would vote against; under special exception general standards number two, the
proposed exception should 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. She mentioned
that she believes that the tower will be injurious to the enjoyment and value of the properties that are
facing the river.
Keitel said that he would vote in favor. He said that there were previous requests for communication
towers and more controversy about it, however he said that the property would not be devalued, and the
lights would not project on the ground, and would not impede the enjoyment of properties to any extent.
Wright said that he would also vote in favor for the reasons already stated. He said that he believes that it
meets the general standards, 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. He 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.
Leigh said that she would vote against. She said that her biggest concern is the type of lightening that will
exist on the tower. She said that if there would be flashing lights, that would definitely be injurious to the
use and enjoyment of other properties in the immediate vicinity, and would substantially diminish or impair
property values in the neighborhood.
The motion failed due to lack of majority on a vote of 2-2 (Alexander and Leigh voting no, Maurer
abstaining).
Maurer returned to the meeting.
EXc04-00023
Discussion of an application submitted by Mark Holtkamp for a special exception to permit a shared
common driveway and parking areas for property located in the Medium Density Single-Family
Residential (RS-8) zone at 211 Myrtle Avenue.
Miklo said that there was received a revised site plan that clarifies many issues discussed in the staff
report. He said that staff recommends approval of EXc04-00023 subject to: 1) general conformance to
the plans submitted to the Planning and Community Development department 2) the protection of the
large oak tree in the southeast quadrant of Lot 3 during construction, 3) approval by the City Attorney of a
covenant providing for the perpetual use and maintenance of the shared driveway, and 4) screening of
the parking areas in accordance with 14-6N-1 D of the Zoning Ordinance.
Public Hearina Opened
There was none.
Public Hearina Closed
Board of Adjustment
October 13, 2004
Page 9
MOTION: Wright moved for the approval of EXc04-00023 an application submitted by Mark
Holtkamp for a special exception to permit a shared common driveway and parking areas for
property located in the Medium Density Single-Family Residential (RS-8) zone at 211 Myrtle
Avenue subject to: 1) general conformance to the plans submitted with the application 2) the
protection of the large oak tree in the southeast quadrant of Lot 3 during construction, 3) approval
by the City Attorney of a covenant providing for the perpetual use and maintenance of the shared
driveway, and 4) screening of the parking areas in accordance with 14-6N-1D of the Zoning
Ordinance.
Alexander seconded the motion.
The motion passed with a vote of 5-0.
Keitel said that he would vote in favor. He said that all standards have been met.
Alexander would also vote in favor. She said that it will have a positive impact on the normal and orderly
development and improvement of the surrounding property. She mentioned that there would not be a
problem with the utilities and services, ingress or egress.
Maurer said that he would vote in favor of the application for the reasons already mentioned.
Leigh stated that she would also vote in favor for the reasons already given.
Wright will also vote in favor for the reasons already stated.
EXc04-00024
Discussion of an application submitted by Southgate Development for a special exception to permit a
drive through restaurant for property located in the Community Commercial (CC-2) zone at Pepperwood
Plaza on the east side of Keokuk Street south of Hwy 6.
Miklo said that there was received a revised site plan that clarifies many issues discussed in the staff
report. He said that staff recommends approval of EXc04-00024 subject to general conformance to the
site plan as submitted, and staff approval of the specifics of the landscaping along the retaining wall at the
time of building permit issuance.
Public Hearina Opened
Rohrback, said that they are supporting the application, and would be happy to answer any questions.
Public Hearina Closed
MOTION: Leigh moved for the approval of EXc04-00024 an application submitted by Southgate
Development for a special exception to permit a drive thru restaurant for property located in the
Community Commercial (cc-2) zone at Pepperwood Plaza on the east side of Keokuk Street south
of Hwy 6 subject to general conformance to the site plan as submitted, and staff approval of the
specifics of the landscaping along the retaining wall at the time of building permit issuance.
Alexander seconded the motion.
Wright moved to include an amendment to require signs indicating the location of the pedestrian
walkways. The amendment passed with a vote of 5-0.
Alexander stated that she would vote in favor of the application. She said that it meets the general
standards, 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
Board of Adjustment
October 13, 2004
Page 10
adequate utilities and services, adequate measures would be taken to provide ingress or egress designed
to minimize traffic congestion on public streets.
Wright stated that he would also vote in favor for the reasons stated.
Keitel stated that he would also vote in favor for the reasons already stated.
Leigh stated that she would also vote in favor for the reasons already given.
Maurer said that he would vote in favor of the application.
The motion passed on a vote of 5-0.
OTHER
NONE
BOARD OF ADJUSTMENT INFORMATION
Alexander announced that she would not be present to the next meeting of the Board.
ADJOURNMENT
Leigh moved to adjourn; Alexander seconded. The meeting adjourned at 7:07 PM.
Board Chairperson Board Secretary
Minutes submitted by Bogdana Rus
s:/pcd/minutes/boa/2004/boa1 0-13-04 .doc
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 Ol/Ol/O8 NM X X X NM X X X NM X
Dennis Keitel Ol/Ol/O5 NM X X X NM X 0 X NM X
Karen Lei!!h o l/O l/07 NM X X X NM X X X NM X
Vincent Maurer Ol/Ol/O6 NM 0 X OlE NM X X X NM X
Michael Wri!!ht Ol/Ol/O9 NM X X X NM X X X NM X
Key:
X = Present
0 = Absent
OlE = Absent/Excused
NM = No Meeting
-- -- = Not a Member
IJ::
MINUTES APPROVED
HISTORIC PRESERVATION COMMISSION
OCTOBER 14, 2004 - 7:00 P.M.
CIVIC CENTER - EMMA HARVAT HALL
MEMBERS PRESENT: Michael Gunn, Michael Maharry, Mark McCallum, Amy Smothers, Tim Weitzel
MEMBERS ABSENT: James Enloe, Jim Ponto, Jann Weissmiller, Justine Zimmer
STAFF PRESENT: Shelley McCafferty
OTHERS PRESENT: Ted Chambers, Phil Launspach, Andrew Ives, Larry Svoboda, W. Max Mons,
Mike Haverkamp, Helen Burford, Mike Brennan, Greg Allen
CALL TO ORDER: Chairperson Maharry called the meeting to order at 7:03 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
ITEMS FOR CONSIDERATION:
Public meetinq: Jefferson Street Historic District.
Regarding notification of owners, McCafferty stated that she reviewed the list of addresses and property
owners, and there had only been one change of ownership. She said that letters were mailed out
according to the Historic Preservation Ordinance. McCafferty said that the Johnson County Tax
Assessor's information was used to obtain mailing addresses. She said the notice was sent to 800 2nd
Street, Suite 500E, Coralville.
Public hearing.
Ted Chambers said that he works for a management company and takes care of three properties in this
area: 22 North Gilbert, 24 North Gilbert, and 43 Jefferson Street. He stated that neither he nor the owner
of the properties, Dick Morrissey of Denver, Colorado, received notification of any of the meetings.
Phil Launspach. 136 Koser, said that he owns the property at 405 East Jefferson and manages the
properties that his mother owns at 431 East Jefferson and 425 East Jefferson. He said his family has
owned the properties since the late 1950s.
Launspach said that all of his neighbors on the south side of the 400 block of Jefferson were opposed to
having their properties included and all sent notarized letters to the Commission to let them know of their
opposition. Launspach said Cindy Parsons, who is on the board of the Congregationalist Church on the
corner of Clinton and Jefferson, also wrote a letter voicing the church's opposition. He said he also met
with Andrew Ives at the University, and Ives told him that the University has no interest in the district and
would like to be excluded from the district.
Launspach said that of the properties on the south side of Jefferson Street, it appears that there is not a
single property owner on the south side of Jefferson Street who is interested in being in this district. He
said that there are a total of 14 properties there, and he counted 38 properties in the entire district.
Launspach said he knew specifically of five properties on the north side who have already written letters
regarding the Gilbert-Linn Street Historic District, and they are not in favor as well.
Launspach said that what he is hoping for is a division of this district going right down the center of
Jefferson Street excluding all of the south side properties. He said this could include the north side,
because he knew there were some good neighbors on the north side who want to be included.
Andrew Ives, 1310 Teq Drive, said that he is the business manager for The University of Iowa. He
respectfully requested that the University be excluded from the proposed Jefferson Street Historic District.
Ives said that he was unaware of this hearing, but he had earlier written a letter indicating the University's
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October 14, 2004
Page 2
objection to this matter, because the University had not received notice of the hearing. He said he
received a letter back from the State saying that it was too late to object.
Maharry said that the difference in the notification relates to local district designation versus National
Register designation. He said the present hearing concerns local designation. Ives asked if this is
applying the local ordinance to the nationally designated district, and Maharry confirmed this.
Ives stated that the University still would like to be excluded from the district, although it has no objection
to the Commission proceeding with the district. He said the University does not feel that it lends a great
deal to the district. Ives said that the University has no specific plans with respect to those properties and
has recently invested millions of dollars in three of the four properties but still would like to be excluded
from the district.
Larrv Svoboda, 16 Cherry Lane N.E., said he owns property in Iowa City but does not own any property in
this particular area. He said that it seems that there are some very nice, older restored properties that
certainly qualify for historic designation. Svoboda said, however, there are also some properties on the
street that are on the other end of the scale.
Svoboda said he is a landlord in Iowa City and knows about owning property, and even the owner may
not have full control over it because of things like this. He said that some of the property owners are
caught in a straddle position of owning a property that has been dismantled; for instance, in the southeast
quadrant of this area are six houses in a row that have vinyl siding. Svoboda said that any kind of
architectural feature on the house was dismantled some time ago. He said that on the one hand, the
owner cannot really rehab the house because there is not enough income out of it to do what the
Commission expects. Svoboda stated that on the other hand, the landlord cannot really sell the house
because no one will want to buy an income producing property in this condition in a historic preservation
district. He said this will work a financial hardship on certain people.
Svoboda asked what kind of control the Commission would have over churches in the area, and if the
churches would be prevented from printing the Ten Commandments on the front of the church. He said it
seems obvious to him that the Commission is trying to use this as a buffer zone for those houses that are
worthy of the designation so that they are protected from encroachment by people who want to move into
the neighborhood and perhaps tear these other buildings down and put up a different kind of structure.
Svoboda said he believes this is a reactive position to a problem that probably needs to be addressed. He
said he sees historic designation in this type of situation as a reaction to some deterioration in the
neighborhood. Svoboda suggested that the Commission take a proactive stance by trying to provide
some incentive for the other houses in the neighborhood.
Svoboda said that there is a tremendous vacancy rate in Iowa City right now, and a lot of it is close in in
this type of housing. He said that these people are already caught in a financial pinch, and he believes
that the only way it would be supported is if there is some kind of incentive to rehab the properties.
Svoboda said that certainly in this kind of designated area, it's not going to happen, because it is too
expensive and the owner doesn't get a return on his investment.
McCafferty noted that three of the church properties are already listed on the National Register and were
listed in 1996 as local historic landmarks. Weitzel added that one of the churches already has religious
inscriptions on the side of the building. He said the Commission does not tell people what they can or
cannot post on the side of their property.
Launspach asked if the churches have voting power, and McCafferty confirmed this. Launspach said that
in the 400 block of Jefferson Street, every one of the properties is some type of commercial property. He
said that they are all rental properties. Launspach said that none of the buildings are owner-occupied
except for one, which also contains an audio-video store.
McCafferty said that this is a transitional zone, allowing both commercial and residential uses. Launspach
said this area was originally designated as a buffer zone between downtown and residential and was
zoned CB-2 until just recently.
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October 14, 2004
Page 3
W. Max Mons. 404 East Jefferson, said he represents St. Paul's Chapel. He said that at the last meeting
he objected to the designation on behalf of his congregation. Mons said that the building is owned by the
Iowa District East of the Lutheran Church Missouri Synod Number 126 Congregation Strong, and the
chairman of the Board of Directors asked him to again voice objection.
Mons asked about the last meeting at which it was stated that if owners of a certain percentage of square
footage objected, then a certain course of action would be available to them. McCafferty said that in the
National Register process, if 51% of the owners object to the State, the district is not listed on the
National Register. She stated that in this case, with local designation, if owners of more than 20% of the
property area within the boundaries of the district object to the City Council, a supermajority vote of City
Council, six out of seven votes, would be required for approval.
Mike Brennan. 1207 Sevmour, said he asked at the last hearing about the technical merits of the
Newman Center being included in the district and since then has realized there is a small, older chapel
attached to it. He said that nevertheless it is designated as a non-contributing property, and it is on the
edge of the district. Brennan asked what the technical merits are of including a non-contributing property,
most of which has been built within the last ten years, within a historic district.
Brennan said he knew there was a preference for squaring off local districts, but that clearly doesn't apply
as a rationale to the North Gilbert District and asked why a non-contributing property on the edge would
be included. He stated that federal regulations traditionally exclude religious institutions unless they are
an integral part of the district.
McCafferty said that Brennan's question was relayed to the consultant. McCafferty said the reason the
Newman Center was added to the National Register District was because of the historic structure on the
site. She stated that under National Register regulations, a property cannot be split; one-half of a building
cannot be registered. McCafferty said this would be considered one building because a non-historic and a
historic portion are connected. She said the consultant did not feel it had the merits to be a contributing
building, but it did have the significance of the historic structure and the significance complied with the
National Register regulations in the federal code.
Mike Haverkamp. 109 North Van Buren, thanked those in attendance and said he appreciated the
opposition coming out and being part of this process. He said that those in favor of the local district have
their work cut out for them.
Haverkamp stated that the Congregational Church is already on the National Register and is therefore
already bound by all of the regulations that a local district would be bound by. Regarding questions about
the south side of Jefferson Street and the fact that those are income properties, Haverkamp said he
recently looked at the City website and noted that for the following properties the City allows the following
number of units and residents: 403 South Jefferson-five units and 12 occupants; 405 South Jefferson-five
units and 11 occupants; 409/411 South Jefferson-six units and 19 occupants; 413 South Jefferson-five
units and 11 occupants; 415 South Jefferson-number of residents to be determined; 425 South Jefferson-
six units and 14 occupants; 431 South Jefferson-six units and 13 residents.
Regarding the discussion about owners being saddled with a property that is not in good shape,
Haverkamp said there is no way an owner could demolish one of those properties and build back with
that kind of density. He said that it is in the best interests of the owners to maintain those properties,
because there isn't enough lot space or enough square footage in those properties now to allow them to
have the density that they currently do.
Haverkamp said that he has owned and lived in his house for 18 years. He said he considers himself the
steward of the house, as he did not build it, nor will he be the last one to live there. Haverkamp said some
may say that some of those houses are not in bad shape, but they are not historic. He stated that there
are two houses on the south side of Jefferson Street that were designed by O. H. Carpenter, who
designed the CSPS Hall, the Shambaugh House, the Arthur Hiller Ford House, and many other houses
throughout Iowa City. Haverkamp said that 403 South Jefferson is probably the only house that Carpenter
designed as a rental property. He added that the house at 425 South Jefferson is the Sueppel house,
which was built for an incredibly prominent Iowa City family, although Launspach owns the property now.
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October 14, 2004
Page 4
Haverkamp said that the boundaries the Commission has drawn on the historic district make sense. He
said the boundaries include historic structures and include a neighborhood that at one time was unified
and still is. Haverkamp said he enjoys living in a mixed-use neighborhood and has no problem living next
to rental properties.
Haverkamp said the Commission has a relatively narrow focus. He said that if the Commission approves
this, it will go on to the Planning and Zoning Commission and three hearings at the City Council level.
Haverkamp said that is the kind of discussion there should be. He said he believes the Commission
should approve this district and realizes there is never a way to make everyone happy. Haverkamp said,
however, that this is a historic neighborhood, and the Historic Preservation Commission owes it to Iowa
City's future to do what it can to designate it as such.
Helen Burford, 604 Ronalds Street, asked the Commission to take into consideration that the City Council
has passed an ordinance to establish a cultural district, and as part of that pledge, to preserve the historic
neighborhoods of Iowa City. She said those neighborhoods add to the complexity of the Iowa City
community, which makes it a cultural epicenter for the State.
Mike Brennan asked for a more elaborate explanation as to how a property designated as non-
contributing forms an integral part of the district in which it is said to be located.
McCafferty said that non-contributing properties are typically historic for local designation; she said that
properties that are non-historic are classified as such and have very loose guidelines. She said that non-
contributing properties often have sufficient form, mass, rooflines, etc. that there is potential for them to
be rehabbed. McCafferty said that rehabilitation and restoration is not forced upon property owners. She
said that there is no mandate that once a district is passed that an owner will have to invest in the
property to do rehabilitation. McCafferty said the Commission does not regulate things such as paint
colors or inscriptions.
McCafferty said the Commission does regulate additions, major changes, windows, and demolition of a
building or portions of a building. She said a non-contributing property may in fact have the potential to
contribute to the district or it may be a property which, due to changes over time, does not quite fit with
the general character of a district. McCafferty said that per State Code, there cannot be doughnut holes in
historic districts.
McCafferty stated that the Commission only regulates projects that require a building permit and change
the exterior appearance of the property. She said she compiled a list of all historic reviews conducted
since the Commission began doing historic review, and the data shows that a property would require
historic review on average once every twenty years. McCafferty said she reviewed Jefferson Street
building permits issued since 1992, and since that time, there have been ten building permits issued for
this area that would have required historic review.
Svoboda discussed the scenario in which a severe hailstorm perforates and cracks the vinyl siding that is
on many of these houses, and the vinyl siding has to be replaced. He said the vinyl was installed because
the old lap siding underneath was rotting away. Svoboda asked what the homeowner could do to replace
that siding.
McCafferty said the guidelines are not ordinances and therefore allow for flexibility for the unanticipated.
She said there is a current case in which she will propose three possibilities so that in the event there are
problems with what is under the siding, there are backups so that the owner can be assured that he won't
be forced into something that his insurance won't pay for.
Svoboda said the insurance company will pay for replacement of the vinyl siding. He said that if there is
damage to only two sides of the house, the insurance policy will have a matching clause that will not allow
the insurance to pay for the two undamaged sides of the house. Svoboda said the owner will be stuck
with the replacement of the vinyl siding with some other kind of siding if vinyl isn't allowed. He said that
when the owner takes off the vinyl, the original siding is now exposed. Svoboda asked how far the owner
will have to go to repair the house and also meet the regulations imposed by a historic district.
McCafferty said that based on the experience she has had with the two insurance inquiries, because the
properties are located within historic districts and the owners simply cannot replace the aluminum siding,
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October 14, 2004
Page 5
the insurance companies have allowed the owners to comply with the regulations. She said that if there is
a partial replacement, the owner is allowed to repair or replace portions of the siding.
Maharry said the Commission cannot get into specifics with a hypothetical case. He said that when the
Commission has an application in front of it, and there will be three considered later in the meeting, the
Commission decides each application on the merits of the case.
Brennan said the proposed revision to the zoning ordinance concerning economic hardship was noted at
a previous meeting to not apply to financial conditions but was only upon total deprivation of economic
value that the City would grant exemptions from the historic process.
McCafferty said the financial hardship clause is found in the federal code of regulations. Brennan asked if
the City had those in its ordinance to grant relief under the local ordinance, because the City can have
tighter standards than the federal government might. McCafferty responded that the City does not have
the specific guidelines codified in the ordinance, so that there can be some flexibility. She said there have
been situations in the past in which the Commission has not strictly adhered to the guidelines and the
cost of a proposal or recommendation is considered.
Public hearing closed.
Weitzel said that normally when a district is designated, it should include both sides of the street. He said
that is the national criteria. Weitzel said that is not necessarily the case for a local district; however, the
Commission has tended to stay with that for previous districts. He said if the Commission excludes
properties on the south side, then there will be people on the north side who want to be excluded and
then where will it stop. Weitzel said then it crumbles, and the whole thing erodes away.
Weitzel asked, if any of the buildings are torn down, if it is true that the owner could rebuild at the same
density. McCafferty said the RO zone is intended to be a transitional zone between downtown and
residential neighborhoods. She said the RO zone is intended to allow flexibility for commercial use of old
buildings but also for the construction of smaller scale commercial buildings. McCafferty said that the
dimensional requirements for the RO zone are formatted in a manner similar to other commercial districts,
as opposed to residential districts. She said that residential districts typically have yard setbacks, but in
this zone, there are no yards required. She stated there is a floor area ratio (FAR). She stated that the
FAR is two, which means that new buildings could be constructed to have a floor area that would be twice
the size of the lot. McCafferty said the maximum height for a building is 35 feet, and the parking
requirements for the use would still have to be met.
McCallum said his general impression is that he does not know that this block is at risk for demolition. He
stated that between the parking requirements and the current density of units currently, he did not believe
that there would be any advantage to tearing things down to redevelop the area. McCallum said he thinks
that with its grandfathered status, this is probably at its highest and best use according to the current
zone.
Maharry raised the possibility of excluding the southeast corner of the district. He said that owners in that
area appear unanimous in their opposition to this, and it appears that redevelopment potential is slim.
Maharry agreed that there needs to be incentivization for rehabilitation of historic properties. He said that
with the passage of the National District here, income properties are allowed tax credits for rehabilitation.
He said he has concerns that people may not completely understand the Commission's flexibility and how
it bends over backwards to work with people when they come with designs for their properties. Maharry
said it is a hard stereotype to overcome and encouraged people to stay after the public hearing to see
how the process works.
Gunn said it seems that there is more opposition than just in the southeast corner. He said he has seen a
lot of districts go through. Gunn said that two of them have a substantial number of landlord-owned
properties, but they are primarily residential. He said that in all those districts, even though there was
considerable opposition particularly to Governor-Lucas, there were still a lot of people who came and
argued in favor of the district.
Gunn said that despite some landlord opposition, the districts have been carried by the fact that many
people living in the district wanted them to be historic districts. He said that those were primarily
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October 14, 2004
Page 6
residential areas, and this area is commercial in nature. Gunn said he doesn't see the roomful of people
who are supporting the designation as a local historic district. He said that makes the Commission's job of
recommending that it become a district a lot harder.
Gunn said if the southeast corner is removed, there will be a substantial number of people on the north
side who will also want to be excluded. He said he would have to think hard about approving part or all of
this district.
Gunn said that there are different kinds of opposition. He said that if it is primarily a residential
neighborhood and landlords just don't want to go through the hassle of having their applications
approved, that is one kind of opposition. Gunn said he understands that argument but doesn't put a lot of
weight behind it.
Gunn said there is other opposition that deals with use of the property and income potential. He said that
issue is a little more complicated. Gunn said this is a mixed zone district. He said the guidelines say that if
synthetic siding is damaged, it can be repaired. Gunn said the issue is more complicated if the siding is
substantially damaged and has to be removed. He said the question becomes more difficult when the
issue becomes whether something that is not allowed can be reinstalled.
Gunn said that most of what the Commission requires is very reasonable. He said that owners are quite
pleased when their project is done. Gunn said that Brown Street has become a very nice street, in part
because of the local historic district designation. He said that there are now 1,077 properties under design
review by the Commission. Gunn said the Commission doesn't impose significant burdens on people who
are repairing their homes or making additions.
Gunn said most of the districts have gone quite smoothly, but the opposition here is a little different. He
said this is more complicated because of the mixed zoning. Gunn said that historic preservation has done
a lot of good for a lot of neighborhoods, and there are a great many people who appreciate it very much.
He added that at the same time, not every place will become a historic district.
McCallum asked if this area is covered by the infill design guidelines. McCafferty said that within the
Central Planning District, there are guidelines that have to be complied with to insure that the building fits
in with the neighborhood if a developer builds three dwelling units or more. She said that there are also
guidelines within the RO zone to ensure that there is a reasonable transition from downtown to the
residential neighborhoods.
Weitzel said that everyone in a city already has to deal with some level of regulation whether it be a
health and safety code or other building codes. He said that an owner of rental property is already under
a substantial amount of inspection requirements. Weitzel said that he does not see that the historic
preservation issues, where the Commission specifies just a limited amount of things on the exterior of the
building, could be an undue additional burden. Weitzel said that people want to do the quick and easy
thing, for example putting vinyl siding on a building, but the Commission requires a higher standard.
Weitzel said he would have a hard time taking out what he knows are historic buildings from this district
and would vote on the side of historic preservation and include the entire area.
Svoboda asked if, on a redevelopment of an RO zoned property, the ground floor has to be commercial.
McCafferty confirmed that in this zone, dwellings on the ground floor shall be permitted if the building is
constructed prior to 1993, but any new construction would require ground floor commercial.
Weitzel said there is the issue of if this is self-regulating or if more restrictions have to be imposed to get
the outcome the Commission wants. He said there might not be a problem, but once the buildings are
torn down, it is too late.
McCallum said this is a very pristine area. He said that, as a landlord who owns a historic building, some
of the poorer quality rentals out there are vacant at this time, and the better quality properties are not
vacant. McCallum said he does not think this area is at risk. He added that the pricing of these properties
would make it very impractical for a developer to come in, tear out the whole block, and redevelop it,
because these properties are granted parking exemptions and much higher density. McCallum said any
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October 14, 2004
Page 7
developer would have to pay the current market value of those properties, which would make it cost
prohibitive. He said he did not know that the south block is at risk for teardowns there.
McCallum said he probably would not support moving this forward, because it seems that the whole south
side of Jefferson Street doesn't want to be included, and he wondered how much of the north side
agreed. He said he does not sense that much support for this.
Smothers said that mixed use and commercial use are part of historic preservation. Smothers said the
consultant gave her professional opinion, and she did a very nice job writing the context, with which
Smothers agreed. Smothers said she grew up in Iowa City and would not entertain the idea of lopping off
a section of the area. She said she agreed with the consultant's definition of the district and would not
vote in favor of excluding property from the work that has already been done here.
MOTION: Weitzel moved to recommend to the Planning and Zoning Commission approval of the
existing boundaries for the local designation of the Jefferson Street Historic District. Smothers
seconded the motion.
Weitzel said he always weighs the evidence, but tonight he is not hearing compelling data or evidence.
He said the owners don't want more regulation, but that does not convince him.
Maharry agreed that those on the south side of Jefferson Street did not have facts and figures, but they
were making an economic argument. He said that argument is not groundless but is in part based on
experience.
Smothers said the burden of proof is placed on those owners. She said that making this a historic district
does not place a financial burden on the owners. Smothers said she knows it is a concern and she knows
there are insurance issues. She said that people are unaware of what their responsibilities will be.
Smothers said she did not want to give the impression that the Commission is asking for higher and
greater expectations than what people could financially provide. She said she did not believe the
Commission would ever vote that way, and it would be irresponsible of the Commission to ignore the
needs of the property owner. Smothers said that just because someone would not like to belong to the
district is not evidence enough to dissuade her to vote otherwise.
Gunn said that he would vote against the motion. He stated that in the past there has been very strong
support for historic districts that have been passed. Gunn said there is very strong support for historic
districts that are currently in the process of being nominated and carried forward. He said they are named
districts because the residents want them to be districts.
Gunn said he does not believe that historic preservation is well served if the majority of people are not
interested in being in a district. He stated that historic preservation designation is a benefit, not a burden.
Gunn said the only thing that could ever be construed as a burden is not allowing the buildings to be torn
down.
McCallum said that he owns a multi-family property in a historic district. He said he has had zero vacancy
for three years, and the owner before him had zero vacancy for ten years. McCallum said, however, that
he likes to see more of the residents support the district. He said it would be good for the neighborhood
but does not sense strong support for this.
The motion failed on a vote of 2-3. with Smothers and Weitzel votina in favor.
MOTION: Gunn moved to recommend to the Planning and Zoning Commission approval of local
designation of the Jefferson Street Historic District with amended boundaries, excluding the
south side of the 400 block of Jefferson Street. McCallum seconded the motion.
The motion failed on a vote of 1-4. with Maharrv votinq in favor.
Certificates of Appropriateness:
721 North Van Buren Street. McCafferty said that this application is to replace the existing wood stoop
with a similar wood stoop. McCafferty said that the proposed balustrade complies with the guidelines, and
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October 14, 2004
Page 8
a pipe handrail would be constructed where there is an incline on the sidewalk, although it is not required
by code. She stated that the proposal complies with the guidelines and noted that the contractor and
owners were present to answer questions.
MOTION: Weitzel moved to approve the application for a certificate of appropriateness for the
proposal for 721 North Van Buren Street. McCallum seconded the motion. The motion carried on a
vote of 5-0.
1503 Sheridan Avenue. McCafferty said that this is an application for modifications to a house in order to
improve the ventilation in the attic. She said that the owner would replace the soffit with similar material,
add a continuous soffit vent, and add a ridge vent to the roof. McCafferty said the owner would also be
replacing the attic window with a Pella metal clad wood window.
McCafferty said the owner also plans to construct a garage in the future. At this time, the owner would like
to install the foundation slab to provide an area to park., She stated that the foundation requires a
building permit so that the Commission will want to look at the proposed location for the garage. She said
the owner proposes to locate the garage in the southeast corner of the lot and access it off of the alley.
McCafferty said the proposal complies with the present guidelines.
Weitzel asked if the garage would match the house. McCafferty replied that that is the owner's intent, but
the owner will need to request another certificate of appropriateness before construction of the garage.
MOTION: Weitzel moved to approve the application for a certificate of appropriateness for the
proposal for 1503 Sheridan Avenue. McCallum seconded the motion. The motion carried on a vote
of 5-0.
522 South Lucas Street. McCafferty said that this application is for an addition to a contributing structure
in a conservation district. She said that she drew up some alternatives for the owner's and Commission's
consideration.
McCafferty said there is a screened porch on the back that is of questionable value and structural quality.
She said the Commission must decide if it is historically significant and added that historically significant
components and features cannot be removed. McCafferty said the owner, Greg Allen, would like to
remove the porch to construct an addition with two more bathrooms and closets for his rental property,
She said she felt it will be difficult to convert the screened porch for that use. She stated that the
Secretary of the Interior Standards say that rehabilitation does allow for the adaptation of property
provided significant historic features are not destroyed. McCafferty said that in her opinion, this is not a
significantly historic feature.
McCafferty said that if the Commission agrees to approve the demolition of the structure, she has looked
at a couple of options for the addition that she feels would comply with the guidelines and also meet the
owner's needs. McCafferty said the proposed windows did not comply with the guidelines, particularly
with regard to scale and proportion. She also said that the proposed materials do not comply, as Allen
has proposed all vinyl for windows and siding.
Greq Allen, 2427 Hiqhwav 6 N.W.. Tiffin, said that this house is in a conservation district, not a historic
district. He said that the opposition to the conservation district was practically non-existent, but the real
opposition came for the rezoning of this area several weeks before the conservation district was
considered. Allen said that he called at that time and discussed the conservation district with Karin
Franklin. He said he asked her if he would be allowed to use vinyl siding. Allen said Franklin informed him
that if there are other houses on the street that have vinyl siding, then it would be allowed, because it
would be in character with the neighborhood. Allen said he also asked Franklin if additions in the
backyard that could not be seen from the street would be affected by this, and he was told that the
Commission is mostly concerned with the front fagade. He said Franklin told him that stuff that was not
seen from the street would not be affected by that.
Allen said that the handbook for historic preservation has guidelines for the historic district and then it lists
historical, conservation, non-contributing structures, and all structures. He said that basically means that
the historic guidelines are across the board the same for properties whether they are in a conservation
district. contributing, non-contributing, or whether they're in a historic district.
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October 14, 2004
Page 9
Allen said he wants to try to comply. He said the bedrooms in these old houses have very small closets.
Allen said he can put the windows lined up and placed where McCafferty suggests. He said the hip roof
will probably work out better than the one he had proposed, and he does not have a problem with it.
Allen showed the addition and said that he does not think it was original with the house. He said that the
house has asbestos siding. McCafferty said she thought the porch was probably original but was probably
all screened in. Smothers said she did not think it the porch was original to the house.
Allen said that he liked the hip roof proposed for the addition. He asked if the regulations require double
hung windows. Weitzel said the windows could be single or double hung and should have large single
lights.
Regarding materials, Allen said that he was told that if the other houses on the street have vinyl then it
would be acceptable. He said that the four houses to the right of his have vinyl siding. Allen said that
there is wood clapboard on the front porch.
Gunn said there are two references in the guidelines to siding: one says the new has to match the
existing siding and in another place it says to match the existing wood siding of the house, which in this
case is covered up.
Weitzel said the Commission has approved wood or fiber cement cornerboards filled in with vinyl. Gunn
said that vinyl is only allowed for new construction, and that was the case with the previous approval. He
said that an addition is not considered new construction. Gunn said it is not permitted to apply synthetic
siding to the whole structure on a contributing property in a conservation district.
McCafferty said there are a number of issues that need to be considered with this proposal. She said the
first issue is whether the porch is historically significant. Weitzel said he is not convinced that it was built
with the building. McCallum agreed. Gunn said he also was not certain that the porch is historically
significant. Weitzel said that the porch is in such bad shape that it could be demolished based on its
status in terms of preservation. He said it has so many structural issues that it is not feasible to change
that. Maharry said that he looked at the porch and did not believe it was condemnable.
Smothers said she believed the porch was put up in about 1939. She said it was a fad and trend at that
time. Smothers said she considers this an adaptive reuse for this property. She said that if the
Commission works within the guidelines, she does not see why the owner could not put up a new
addition. Smothers said she has issues with the proposed vinyl and materials but considers this an
adaptive reuse of the property.
McCafferty said the next issue is the mass of the roofline. Allen said he would like the addition to be wider
and the roof to be at a lower pitch than what McCafferty had drawn. Weitzel asked if the Commission
needs to consider whether the window to be removed is a historic feature. McCafferty asked if it is a
character-defining to the house. Weitzel said the window is not an issue for him.
Regarding the siding, Gunn said that for an addition the siding has to match the original siding or the
existing siding on the house. He said that gives two options: using asbestos siding or fiber cement board
that looks like the original siding.
Allen asked if vinyl replacement windows are acceptable in a conservation district. Weitzel said that metal
clad wood windows can be used but solid vinyl windows cannot be used.
Allen proposed using fiber cement board with windows to meet the guidelines. McCafferty said the
another issue is to construct a deck balustrade with a true top and bottom rail as opposed to doing them
as drawn in the proposal.
McCafferty stated that the only other issue is whether there should be windows on the blank north and
south walls. Allen said the windows would be in the middle of a closet. Weitzel said there should be at
least one window there. Allen said that if one is used, then he would prefer to have a window on both
floors
Historic Preservation Commission Minutes
October 14, 2004
Page 10
Weitzel said the door and window trim should match the original. Allen asked if he could do that in
aluminum, because he has aluminum soffit on the front and back. Gunn suggested using hardi-plank.
Allen said he could use the hardi-plank around the windows.
McCafferty said she would draw another sketch and include it with the certificate of appropriateness. She
said she would have the chair approve the final drawing to ensure it incorporates tonight's decisions.
MOTION: Weitzel moved to approve a certificate of appropriateness for Option A as drawn by
McCafferty, with a hip roof of a six-twelve pitch, small windows on each floor of the north and
south wall, using fiber cement board siding and trim, and wood metal clad double-hung windows
McCallum seconded the motion. The motion carried on a vote of 5-0.
MINUTES: September 23
MOTION: Weitzel moved to defer consideration of the September 23, 2004 to the next Historic
Preservation Commission meeting. McCallum seconded the motion. The motion carried on a vote of 5-0.
OTHER:
McCafferty said the Commission would need to hold its annual planning meeting. Maharry scheduled the
meeting for November 13111 at 9 a.m.
ADJOURNMENT:
The meeting was adjourned at 9:56 p.m.
Minutes submitted by Anne Schulte
s:/pcd/minutes/hpcl2004/hpc1 Q-14-04.doc
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MINUTES m
IOWA CITY AIRPORT COMMISSION FINAL
OCTOBER 14, 2004
IOWA CITY AIRPORT TERMINAL
Members Present: Randy Hartwig, Carl Williams, Dan Clay, John Staley
Members Absent: None
Staff Present: Sue Dulek, Jeff Davidson
Others Present: David Hughes, Ron Duffe
CALL TO ORDER:
Chairperson Hartwig called the meeting to order at 5:47 p.m.
RECOMMENDATIONS TO COUNCIL:
None.
APPROVAL OF MINUTES:
A motion was made by Clay and seconded by Williams to approve the minutes of August 12, 2004.
Motion approved unanimously. A motion was made by Staley and seconded by Williams to approve the
minutes of September 9, 2004. Motion approved unanimously. A motion was made by Williams and
seconded by Staley to approve the minutes of September 16, 2004. The motion carried unanimously.
PUBLIC DISCUSSION - ITEMS NOT ON THE AGENDA:
No items were presented.
UNFINISHED ITEMS FOR DISCUSSION/ACTION:
No items were presented.
ITEMS FOR DISCUSSION:
A) Runway 7 Project- Earth Tech:
There is discussion regarding the timing and closure of different runways for the completion of Mormon
Trek. Hughes stated that once Mormon Trek is paved, it forces the closure of runway 18/36. The City is
looking to build Mormon Trek as soon as possible and the impact on the airport is in the Commission's
hands. Mormon Trek would be inside the runway object free area and the runway safety areas. It is
explained that if the threshold is moved on runway 25 and reduced 700 feet it will affect landings, but not
takeoffs. Clay expressed concern because the traffic has been that close for years and Hughes
explained that it was grandfathered in. Hartwig stated that originally there was an agreement between
the Commission and the City that certain runways wouldn't be closed until the others were done.
Further discussion regarding the extension of runway 7 ensued. Hughes explained that they have to
reconstruct part of the runway to get the curve to fit in for the extension. All of the work can be
accomplished by closing 7/25 and keeping 12/30 open. It hasn't yet been decided as to whether the
runway stays at 100 feet wide, or goes to 150 feet wide. If narrowed, it would require work on the
intersection. It was further explained that it was more cost effective to make the addition as wide as the
current runway rather than narrowing it down.
Airport Commission
October 14, 2004
Page 2
Clay questioned whether or not the Commission wants to give the City to go ahead with Mormon Trek
and extend 7/25 while closing 36/18 so that there will be only one runway open at one point. Clay
further asked if a decision needs to be made at this meeting and Hartwig stated it did not. Williams
asked the time frame for the closures and the amount of time for the completion of the project. Hughes
states that it may be 3 years or possibly as short as 2 years (leaving only runway open during this time).
36/18 would be closed due to Mormon Trek and 7/25 would be impacted for 2 construction seasons for
improvements.
More discussion followed regarding aircraft. It was stated that the minimum runway length desired by a
commercial aircraft is 5000 feet. Clay asked what the impact would be on the airport in 2 scenarios:
1.) 18/36 closed and only 1 runway open for a period of time or 2.) 18/36 open while 7/25 is closed?
Duffe explained that they need to check with the FAA because the approach becomes an Alpha
approach. Duffe further explained other approach issues regarding the length of runways. Clay asked
what the impact of having one runway versus two? Duffe says that if the implementation is instant, you
lose the VOR approach and this is 60 to 70% of all approaches at the Iowa City airport. He further stated
that the FAA should be contacted regarding approach issues at the Iowa City airport. There was further
discussion between Williams and Duffe regarding wind coverage on the various runways and approach
issues.
Clay mentioned that if the Commission gives the go ahead to the City, the City will have the advantage of
starting the project, but there will be some hardship on the airport. Clays adds, however, that Mormon
Trek will cut through airport property that has land value that could bring potential income for the airport.
12/30 will become the primary runway. Staley asks what would shut this one down during construction of
7/25 to which Hughes replied that it would need to be shut down if there was any work needed on
the intersection. This could be the case if 7/25 needs to be narrowed. If this happened, the airport
would be closed completely. Clay asked why the Commission would give permission to the city to go
ahead. He added that the two reasons he can give are 1.) It gives a good faith gesture to the city
and 2.) It creates commercial lots with Mormon Trek frontage that could become income for the airport.
Hughes agreed with these two points. Duffe suggested that before the runway closures happen, the
approaches are changed. Clay posed the question of what the people on the field might think of not
having two runways open. Duffe relied that there is nothing in the contracts guaranteeing that the
runways all be open. It is determined that the two main issues are 1.) Approach issues and 2.) The
reaction of the people from the field.
B.) Strategic Plan:
Asst. PCD Director Jeff Davidson spent some time reviewing the mission and vision statements that were
agreed on in the previous meeting. Further discussion was raised concerning Strengths and Weaknesses of
the airport and its facilities. A number were brainstormed to put into goals. A list of goals was composed and
each member selected the ones they felt were most important. Davidson is reviewing these and bringing the
results to the next meeting.
Strengths
. Many users
. Location (proximity to the University)
. Terminal
. Longer runways
. Attracting new business
. Security
. Hanger space (land available to develop)
Airport Commission
October 14, 2004
Page 3
. City/Public Support
. Management (can create a position that fits with Commission's strategic
goals)
. Funding for the 7/25 projects, et. al.
. Airport Commerce park
. Governance by Commission
Weaknesses
. Financing
. Status of physical conditions of current plants
. Public perception of the airport- no public draw (lack of bar, restaurant,
park, etc) and aging of condition of physical plant
. Value of property (developers in Iowa City would love to get their hands on it)
C.) Aviation Commerce Park:
No one was present from Iowa Realty to give a report. It was discussed that it would be beneficial to get
more information from Iowa Realty and that they have someone present at each meeting to provide
progress reports.
D.) Budget:
Chairperson Hartwig passed out copies of the proposed budget and there was minimal discussion
regarding the individual budget categories. Much of the discussion regarded the reduction of vehicle
replacement costs and what would be done with the van.
E.) Airport Management:
Chairperson Hartwig discussed a meeting he had with Asst. City Atty. Sue Dulek, Dan Clay, City Clerk
Marian Karr, and Bill Flannery. Office organization was discussed regarding record management. The
Clerk's office is helping ensure records are kept in the correct order. The overall goal related to
information availability which may need to be accomplished electronically through password protection. It
was also suggested that Flannery and Karr attend a Commission meeting.
F.) Obstruction Mitigation:
Chairperson Hartwig reported that Stanley was in the process of contracting to remove some of the
trees, and that there are lights being added on Band C hangars. Also it was mentioned that Flannery is
trying to keep things moving in this facet.
G.) Airport Park:
Clay reported that he had contacted Todd Madison at the FAA who was reluctant to term aviation
property as a "park". It was suggested that a "terminal viewing area" could be installed with a shelter,
children's playground and some picnic tables. Clay and Hartwig drew some plans and sent them to
Madison for approval. Once those are approved, the Commission can get a second estimate for the
fence.
CHAIRPERSON'S REPORT:
Chairperson Hartwig wrote a letter to the Iowa DOT congratulating them on an award they won. The
Chair attended the Eastern Iowa Pilot's Association open house that was held two weekends previous
and there was a write up in the newspaper regarding it. Received a letter from Jet Air wishing to extend
Airport Commission
October 14, 2004
Page 4
their lease. Chair's brother received a call from someone in Houston, TX wanting to buy the beacon.
Chairperson Hartwig did not return the call. There is a meeting in Des Moines the first weekend in
November with the DOT and it was discussed that there should be representation from the Commission.
Williams said he would try to attend.
COMMISSIONERS' REPORTS:
Staley expressed satisfaction with Hartwig's letter to Council updating the Commission's work. Clay
mentioned that it was good to make an appearance at City Council meetings but increased
communications with all City entities has helped reduce the need to attend all Council meetings. Williams
will give a report next meeting on security, and is working on improving communications with the
Chamber. Clay acknowledged the extensive time and energy that Chairperson Hartwig has dedicated to
getting things done the right way.
ADMINISTRATIVE REPORT:
Dulek stated the opening for the fifth Commissioner closes on October 27th and that Council will make
an appointment at the November 2 meeting. Also discussed was a handout of missing agenda packets. If
anyone has them, they should be dropped off for Asst. City Attorney Dulek or City Clerk Karr.
Set Next Regular Meeting for November 11th, 2004 at 5:45 p.m.
The meeting was adjourned at 8:04 p.m.
Submitted by:
Randall Hartwig, Chairperson
s/clerkiairport comm/minutes/1 0-14-04 minutes.doc
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MINUTES
SENIOR CENTER COMMISSION
October 19, 2004
ROOM G09/8 - SENIOR CENTER
Call to Order: Meeting called to order at 2:05 PM.
Members Present: Lori Benz, Jo Hensch, Betty Kelly, Sarah Maiers
Charity Rowley, and Nancy Wombacher.
Members absent: Jay Hanahan.
Staff Present: Michelle Buhman, Linda Kopping, Susan Rogusky
and Julie Seal.
Others Present: Betty McKray.
Recommendations to Council:
None.
Approval of Minutes:
Motion: To approve the minutes from the September 21,2004 meeting as
distributed. Motion carried on a vote of 6-0. Rowley/Hensch.
PUBLIC DISCUSSION
None
COMMITTEE REPORT ON EXPANDED USE OF THE BUILDING - HENSCH
The committee does not have a report at this time.
RFY06 OPERATIONAL BUDGET REPORT-KOPPING
Kopping reported that the proposed budget for 2006 was submitted to the Finance
Department last month. Kopping submitted a handwritten proposal, once the information
is entered into the new accounting program, Finance will provide the Senior Center with
copies. Kopping provided Commissioners a brief summary of the projected expenses
and revenue for FY06. The budget request for FY06 if higher due to the fact that
expenses previously paid for out of the Gift Fund are now incorporated into the
Operational Budget. In addition, revenue projections for FY06 operational budget are
also higher.
Kopping also prepared and submitted budget projections for the New Horizons Band
fund.
Kopping submitted the request to Kevin O'Malley to transfer funds to Senior Center Fund
Inc.
REPORT ON 28E AGREEMENT DISCUSSION - Kopping
Kopping reported that a meeting is scheduled for Oct. 25 to discuss the possibility
creating of a new 28E Agreement.
1
Final/Approved
SENIOR CENTER UPDATE-
Operations- Kopping
Repairs to the water damaged areas of the building are almost complete. We are
waiting for a few items that are currently on backorder.
The Senior Center will be receiving a free used Automated External Defibrillator. Staff
will be attending a CPR, AED training session on October 29, 2004.
Staff is currently working on the Winter Program Guide, which will cover the months of
December, January and February. The guide should be available in mid November.
Kopping met with the Participant Advisory Committee and reported that they are looking
for some additional committee members.
Programs - Seal
Seal distributed a copy of programs scheduled for November. For a complete listing of
programs see the Fall Program Guide and the November edition of the Post.
Volunteers - Rogusky
Rogusky reported on the 100 Year Dance Program, that many people enjoyed the
program. As a result the Center may be offering some dance classes.
Saturday the Center will be offering a concert featuring the Voices of Experience.
Membership Fundraising Report - Buhman
Buhman reported collecting $12,957 in membership dues during the first two months of
FY05.
COMMISSION DISCUSSION-
Kelly asked that the Commission plan a goal setting session for the Commission to be
held in January 2005.
Benz agreed to write the web article for this meeting and Kelly agreed write the web
article for November.
Motion: To adjourn. Rowley/Maiers. Motion carried on a vote of 6-0.
2
Finall Approved
Senior Center Commission
Attendance Record
Year 2004
Name Term 1/20 2/17 3/16 4/20 4/30 5/10 6/22 7/20 8/17 9/21
Expires
Lori Benz 12/31/05 X X OlE X X X X X X X
Jo Hensch 12/31/06 X X X X X X X X OlE X
Jay Hanahan 12/31/04 X X X X X X X X X X
Bettv Kelly 12/31/04 X X X X X X X X OlE X
Sarah Maier 12/31/06 X X X X X OlE X X OlE OlE
Charity Rowley 12/31/05 X X X X X X X X X X
Nancy Wombacher 12/31/06 OlE OlE X X X X X X X X
Name Term 10/16 11/16 12/21
Expires
Lori Benz 12/31/05 X
Jo Hensch 12/31/06 X
Jay Hanahan 12/31/04 OlE
Bettv Kellv 12/31/04 X
Sarah Maier 12/31/06 X
Charity Rowley 12/31/05 X
Nancy Wombacher 12/31/06 X
Key: X= Present
0= Absent
O/E~ Absent/Excused
NM= No meeting
-- - Not a member
3
IS
MINUTES FINAUAPPROVED
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
OCTOBER 21, 2004
LOBBY CONFERENCE ROOM, CITY HALL
Members Present: Lori Bears, Mark Edwards. William Greazel, Matthew Hayek, Brian Richman
Members Absent: Jerry Anthony, Erin Barnes, Jayne Sandler
Staff Present: Tracy Hightshoe, Steve Long
Public Present: Lane Plugge, Bob Burns, Charlie Eastham
CALL MEETING TO ORDER
Chairperson Hayek called the meeting to order at 6:37
APPROVAL OF THE MINUTES FROM SEPTEMBER 29,2004
Hightshoe mentioned that there was a mistake in the minutes, and instead of saying approval of the
minutes from June 17, it should be July 15.
Hayek said that on the second page, the seventh line from the bottom instead of "get there medicine" it
should be "get their medicine."
Motion: Greazel moved to approve the September 29, 2004 minutes. Richman seconded. Motion
passed 5-0.
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA
NONE
NEW BUSINESS
Recommendationl Reallocation of Recaptured FY03 HOME Funds
Hayek said that there could be a special allocation process or the committee could wait for the FY06
round that begins this December. Applications will be out in December and due late January for the FY06
funding allocation cycle. Greazel said that it would be better to allocate during the normal process, when
all interested could apply. Hightshoe noted that these HOME funds have been allocated, but not spent
within two years, approaching three. When the commission allocates these funds, the applicant must be
able to spend the funds by June 2007. New FY06 HOME funds must be spent by June 2010.
MOTION: Greazel made a motion to defer the recaptured FY03 funds to the normal FY06 allocation
process. Richman seconded the motion.
Motion passed with a vote of 5:0.
Review of the 2006-2010 Consolidated Plan
Hayek said that since the commission has just received the material, they should have a date by which to
address their comments. He proposed that if anyone would like to submit any changes to staff to do so by
November 8.
Update on FY05 projects- CDBGI HOME projects that have not entered a formal agreement with
the City of Iowa City
Hayek said that this concerns only the FY05 projects, the latest set of projects beginning this past July.
The policy requires each Recipient to enter an Agreement with the City by September 30. If a Recipient
is not able to do so, they must submit information to the Commission explaining any delays, problems, or
extenuating circumstances for HCDC review. He mentioned that the following projects have not entered
into formal agreements with the City: Iowa City Community School District, Blooming Garden, Greater
Iowa City Housing Fellowship, United Action for Youth, and Hawkeye Area Community Action Program.
Housing and Community Development Commission Minutes
October 21, 2004
Page 2
Hightshoe distributed a letter from United Action for Youth. Hightshoe noted the delay in entering an
Agreement is due to obtaining concurrence from the State Historic Preservation Office (SHPO). UAY's
building has historic integrity and any exterior improvement must go before the SHPO for their comments.
A request to comment was submitted to the SHPO. The SHPO has requested window replacements that
are considered of like kind and quality to the original windows. UAY is reviewing their options. Hightshoe
added that once UAY receives SHPO concurrence, we will be closer to entering an Agreement. UAY
hopes to submit all required information to the SHPO in November and expects approval by
Thanksgiving.
Greazel asked if the committee has to take any action. Hayek said that the committee could take new
action in terms of dates. Richman said that the Committee should ask for an update for these projects in
December 2004.
Hightshoe stated that HACAP couldn't enter an Agreement due to prior HOME requirements for the two
trailers identified in their application until January. HACAP's project is to replace two trailers with two
other transitional housing units. The original trailers were purchased with HOME funds and their period of
affordability does not expire until December. Staff anticipates entering an Agreement in January for this
project. Hightshoe said that HACAP is looking for two sites; they identified a few possibilities, but have not
entered any purchase agreements yet. Hightshoe noted that it is typical not to enter a HOME agreement
until the site is identified.
Regarding ICCSD, Plugge said that they encountered some problems with the terms of the Agreement.
He stated he believes most of our CDBG contracts are designed primarily for non-profit or non-
governmental agencies. As an educational institution some of the contract terms do not work such as
attaching a mortgage to a public school property. Plugge stated they also had delays due to the planning
required for this project. The school district will bid the family resource center with all the other proposed
improvements at Wood. The project will include the proposed bond improvements, an expanded gym
due to City participation, and the final requirements for the family resource center. (CDBG funds will only
be used for the Family Resource Center.) Plugge said that the school district is planning for the release of
the bids on December 4 and would accept bids on January 11. Plugge stated they anticipate that
construction would begin in the spring, weather permitting. Plugge presented a layout of the
improvements and a site plan for the geothermal work for the addition. Plugge said that they are hoping to
finish the entire project by January 2006.
Plugge mentioned that they are doing everything in one project as it is financially advantageous and
makes project management much more efficient. Hayek asked how we would deal with the mortgage
issue. Plugge answered that staff agreed to shorten the term of the agreement. Hightshoe added that a
mortgage would not be attached to the building.
Long said that the Greater Iowa City Housing Fellowship project is ready for approval and that it would be
ready by the next meeting. He added that if approved the construction would begin in spring, weather
permitting.
Review of Blooming Garden LP Request to Acquire Sites for Affordable Rental Housing with FY05
HOME Funds
Burns said that Blooming Garden has a request to approve the acquisition of lots in Whispering Meadows
Subdivision Part Two using FY05 HOME Funds. He said that there are 5 duplex lots, which would allow
building two units on each lot. He mentioned that they would like to combine Blooming Garden with
Whispering Garden, which is an earlier approved FY04 City funded HOME project for 6 lots. He said
when combined, there would be a total of 16 units. Burns said that their first request is to approve the
sites and combine them together with Whispering Gardens, which would allow them to submit one
application to the Iowa Finance Authority for low income housing tax credits and state HOME Funds.
Burns stated that this is the ideal size project. He said that there would be 16 units, which maximizes the
use of the State HOME Funds. He also mentioned that if there are two different projects, there would
have to be two separate applications, which would require two separate market studies. He mentioned
that having the projects combined would help reduce the cost for the application, which is high. Burns
stated that the Greater Iowa City Housing Fellowship has accepted the role of general partner for the
Housing and Community Development Commission Minutes
October 21, 2004
Page 3
combined application. He said that the Greater Iowa City Housing Fellowship (GICHF) would be the
ongoing general partner/property manager for the project. He mentioned that Burns and Burns would
remain the developer for the project. Burns said that this has several advantages. He mentioned that
under the Iowa Finance Authority rules they are proposing to submit the application as Service Enriched
Housing. He added that Service Enriched Housing requires ongoing provision of services to persons with
disabilities.
He said that 25% of the units would be for families with disabilities. He stated that persons with disabilities
would occupy a minimum of four units. Burns said that this is compatible with the goals of GICHF. He said
that because the units are duplex units, the homes would turn to home ownership after 15 years. He said
that there are two choices that exist in the Iowa Finance Authority. First, he said that there is a generic
tenant ownership plan, and second there is the Iowa Rose program, in which $50 a month per apartment
would be set aside in a fund to help the tenant purchase the unit at the end of the 15 year period.
Burns said the rule changes made by the Iowa Finance Authority would allow the Whispering Garden
project to increase the per-unit construction cost to 115% . He added that without this, the project would
not be cost effective. Burns said that they are asking that the City Council pass a resolution to support the
project, as they have done before.
Burns said that the Prairie Garden project (FY03 Funds) was not successful in obtaining the tax credits.
Burns and Burns have repaid the City approximately $277,000 for the FY03 project. He said that the
project is officially closed. He said that the six lots form Prairie Garden would be sold to Whispering
Garden. He said that the Catskill lots are not economically feasible to build on even with the 115 percent
increase.
Eastham said that the Greater Iowa City Housing Fellowship previously built 16 units on the west side in
partnership with Burns and Burns. He added that in this proposed project there would be at least 4
duplexes for families who have at least one member with disabilities. He said that they are positive that
there would be demands for additional units of this type. Eastham mentioned that there are several
incidents of families with a child with a disability that experience difficulty as the child grows and they do
not have the space or accommodations necessary in their existing homes.
Eastham said that it is also important to locate units by good schools. He stated that home ownership is
also a priority. He said that after living 15 years in the house they may be able to purchase the home. He
said that they are interested in doing the project. He said that it is a good project and good location for the
people that would use them. Burns said that GICHF would manage the project for the next 15 years.
Hayek said that in the FY05 Applicant Guide for Iowa City there is language regarding the approval of
projects in elementary school districts with higher than 20% low-moderate income students. He said that
this project would involve funds from FY04, which were awarded prior to the new language, and also
FY05 funds, which would be subject to HCDC/Council review.
Greazel asked whether the City would want to recapture the funds and spent it on something else, or
decide to start a bigger project. Hayek explained that the City does not have to recapture any funds,
because the Prairie Garden Project was repaid.
Richman asked if the schools have expressed their opinion about the guideline. Hayek said that they
have expressed concern about building more assisted/subsidized housing in school attendance areas
that have a large number of kids with higher needs such as Wood and Twain. He added that he likes this
type of project, but has concerns about the location. He said that the Whispering Meadows Subdivision is
a neighborhood with a high concentration of assisted housing as a percentage of total housing. He added
that all 16 housing units would be in the Whispering Meadows subdivision in the Wood attendance area.
Wood has the third highest percentage of low-income students in the district.
Greazel mentioned that there are no specific policies at this point to stop the approval of the sites in that
area. Hayek said that in regard to the FY04 funds, there is no guideline, however, he said that the funds
for FY05 permit a review of the location site that the Commission or Council can reject or approve. He
added that there are already around 115 building permits issued in the Whispering Meadows Subdivision,
of which approximately 37 of the units are federally assisted. Hayek believes this is a high percentage in
Housing and Community Development Commission Minutes
October 21,2004
Page 4
one neighborhood. There may be more than 115 units as some of the building permits are for duplexes,
which requires only one permit but two dwelling units actually built.
Richman asked what is the average project size to get IFA money. Burns answered that 16 units are the
ideal size. He added that IFA would accept applications for any project size, but small projects would not
be profitable for the investors. Burns rnentioned that the lots in discussion were the only duplex lots for
sale in Iowa City. He added that the land in the Whispering Meadows area is the most affordable in town.
Hayek asked if there is any relief that the City could provide for the lots on Catskill Court to make it
feasible to include these lots in their LlHTC application. Burns said that there is no time to go back and
ask the city council for more financial relief. He said that the applications are due on November 22. He
said that the topography of the land is the problem in this case. The cost would be too expensive to
develop on their lots as IFA has a limit on the cost per unit.
Greazel asked if there is any alternative. Greazel added that the reason for choosing the proposed sites
is because they were the only one left.
Eastham said that he believes the discussion is going down the wrong path. He said that this is a very
good project with a very good location. Eastham stated people in the area like living there. GICHF
residents living in the Whispering Meadows subdivision like it there and like the school. He said that this
meets the housing needs that exist. He also mentioned that the impact of publicly assisted housing
depend on what purpose that housing is designed to serve. He stated he does not believe the type of
affordable housing outlined in this proposal would create problems in the school system regarding which
the school district has expressed concerns. Eastham stated that people that will live in the proposed
units would not contribute to problems. He mentioned that there are no alternatives, because the prices
are too high in other places.
Greazel said that the choice seems to be to build additional publicly assisted affordable housing or have
none. There is a conflict between one entity saying please do not do put it here and the other entity
saying that they have no other place to put it.
Burns said that they might make the case that this would be the ideal place to build affordable housing as
the City funded the Wood Family Resource Center that will add additional supports to the surrounding
community.
Hayek said that he is not worried about the partnership proposed, but there is a tradeoff between those
who believe we need more affordable housing, and where should it be located. He said that this particular
neighborhood/subdivision has been identified as having as many as 1 in 3 assisted housing units. He said
that there is a topographical difficulty for the Catskill lots, but there still might be some choices. Hayek
asked if Burns could apply for additional funds in FY06 that would allow development in harder to develop
lots, such as Catskill. Burns asked whether the City could use the recaptured funds to help them buy
other sites that are more expensive, but are situated in other areas of the town. Burns said that if there
were other investors that would like to build on the Catskill lots, they would be happy to sell them. Hayek
asked if putting price aside, if the project could be done using the existing Whispering and Catskill lots.
Burns answered that the Catskill lots are out of discussion as it puts them over the per unit price and the
lots are still difficult to develop especially to make accessible as would be required.
Richman asked how many elementary schools are in Iowa City. Hightshoe answered that there are 11
elementary schools in Iowa City. Richman asked which attendance areas currently have development
going on or significant amounts of land to develop. Greazel said that there might be land available, but
the developers do not sell if there is a demand as they will develop the lots themselves.
Burns said that they tried several rezonings but were turned down. He mentioned that the rezonings do
not work, and many times the developers will not sell lots to affordable housing developers.
Greazel said that new lots in Coralville could be as high as $100,000. He added that the lots in North
Liberty used to be cheaper than those in Iowa City, but now the cheaper ones would be around $45,000.
He asked if there is no place to buy, what will affordable housing providers do.
Housing and Community Development Commission Minutes
October 21, 2004
Page 5
Eastham answered that they will find a place to go. He added that if the City decides to quarantine/limit
the construction of affordable housing, they would have much more difficulty in finding and developing
lots.
Hayek said that there has been no decision to quarantine affordable housing, rather the discussion is
about neighborhoods that have a great deal of assisted housing compared to other parts of the
community. Additional housing in concentrated areas of town or trying to find alternative sites for
affordable housing are being discussed.
Edwards said that he is a resident of southeast Iowa City and he is not against development, or against
the proposed project. He said that the 16 proposed units may have no impact on the Grantwood School.
However. he said that people in the area consider that it is not a not in my back yard issue, but a not all in
my back yard problem. He said that part of the City has taken a much larger percentage of subsidized
housing than other areas, and that should be a thought for future planning.
MOTION: Greazel proposed a motion to approve the request to acquire land for the construction
of 16 units in the Whispering Meadows subdivision for affordable rental housing. Bears seconded
the motion.
Motion passed with a vote of 4: 1. Hayek voted against.
MONITORING REPORTS
Neighborhood Centers of Johnson County- Planning
Bears mentioned thatthe police chief had a meeting with the Broadway neighborhood. She said that the
meeting was well attended, and there was a good dialog. Bears stated that there was also a job fair in the
Broadway neighborhood, which was successful.
Shelter House- land Acquisition (FY04 Project)
Hayek said that he received an email back saying that Shelter House would purchase the land by mid-
December. He said that they are in the process of having an appraisal on the land performed, and there
are some improvements to the land that would be made by the current owner.
Elder Services Inc. - Small Repair Program (FY04 Project)
Hayek said that he got an email back saying that Elder Services received $27,000 for this project. Elder
Services were given permission to extend their time for spending it until the end of this year. He
mentioned that they have already spent $22,000. Elder Services anticipates spending the funds in the
time frame specified in the amendment. He said that they served 35 persons to date for 52 projects. He
added that they have started to do home safety assessments.
Whispering Garden- Affordable Rental (FY04)
Hayek mentioned that this section has been mentioned in detail in the new business section.
Greater Iowa City Housing Fellowship- Affordable Rental
There was no update because Anthony, the project monitor, was absent. Tabled for next month.
ADJOURNMENT
Greazel moved to adjourn. Edwards seconded.
Motion passed 5-0.
The meeting adjourned at 8:30 PM
Minutes submitted by Bogdana Rus
s:/pcd/mi nutesfhcdcl20Q4/hcdc1 0-21-04. doc
Housing & Community Development Commission
Attendance Record
2004
Term
Name Expires 01/15 02/18 02/19 03/11 03/18 04/15 OS/20 06/17 07/15 08/19 09/29 10/21 11/18 12/16
Jerry Anthony 09/01/05 X X X X X X X OlE X NM X OlE
Erin Barnes 09/01/06 X 0 X X X X X X X NM X OlE
Lori Bears 09/01/07 X 0 X X X X X X X NM X X
John Deeth 09/01/04 X X X X X OlE 0 X 0 NM -- -- -- --
Mark Edwards 09/01/05 0 X X X X 0 0 OlE 0 NM X X
William Greazel 09/01/06 X X X X X X 0 X 0 NM X X
Matthew Havek 09/01/07 X X X X X X X X X NM X X
Michelle Mackel 09/01/06 X X X X X X X OlE X NM -- -- -- --
Jayne Sandler 09/01/05 0 0 X X X 0 X X X NM X OlE
Brian Richman 09/01/07 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X
Key:
X = Present
0 = Absent
OlE = Absent/Excused
NM = No Meeting
-- -- = Not a Member
Grl2i:
FINAL APPROVED
~ Iowa Citx
Public Library
BOARD OF TRUSTEES Agenda item 3A
Minutes
5:00 pm - October 28, 2004
2nd Floor Board Room
David VanDusseldorp, Vice President
Linzee McCray, Vice President
Thomas Dean
Kathy Gloer
Linda Prybil
Pat Schnack, Secretary
Tom Suter
Jim Swaim
Members Present: Thomas Dean, Kathy Gloer, Linzee McCray, Linda Prybil, Pat Schnack, David
VanDusseldorp,
Members Absent: Tom Suter, Jim Swaim
Staff Present: Maeve Clark, Susan Craig, Barbara Curtin, Debb Green, Kara Logsden, Martha
Lubaroff,
Call meeting to Order
VanDusseldorp called the meeting to order at 5:00 pm.
Public Discussion
None
Approval of minutes
Minutes of regular meeting of September 23, 2004 were approved after a motion by Schnack, seconded by
Prybil. All voted in favor and the motion passed unanimously 6-0.
Unfinished Business
Building Proiect:
Craig reported that the punch list is 99% complete. There are still have a few more things to work on.
Most of the larger tasks have been completed, including the trim around the building.
FY06 Budget:
Craig raised two issues regarding the budget in a memo included in the packet. One had to do with
uncertainty about snow removal on the Linn Street side of the building. She has since confirmed with
Terry Trueblood, of Parks, that his staff will take that on when they clean City Plaza.
Agenda item 3A
Page No 2
The second item had to do with the budgeting of the leased space. Craig had requested that a separate
account from the library's operating budget be set up for the revenue from the leased space. At this time,
the City is not going to do this since the revenue is earmarked for the general fund. Craig said that once a
lease is signed we would be able to develop a more accurate budget. In response to a question, only
property taxes are considered when figuring the percentage for the County contract. Craig will meet with
City Manager in November.
Lease Space
The agreement with Kevin Banick expired on October 26. It was extended one day so as not to have to
redo the entire contract. VanDusseldorp recommends renewing the contract until January 27,2005. We
are very close to having a tenant and January 27, is a Board meeting. A motion to extend the agreement
with the realtor until January 27,2005 was made by Goer and seconded by Schnack. All in favor voted
Aye and the motion passed unanimously 6-0.
Planning Process:
Craig reported that the User Survey was completed Tuesday. Paper surveys were handed out two hours
each day that we were open. The hours varied so we had all times of the day covered. We provided the
survey on line as well. The response was very good with fifty to sixty online responses the first day. Data
is currently being entered to allow us to see the results. This Wednesday the observation study started.
Volunteers walk around to give us an idea of what equipment is being used in the library. This survey
allows us to examine availability of equipment. Anne Selzer, our survey consultant, will conduct a phone
survey. This survey will include people in Iowa City and will have questions concerning use of the library.
It will take place after the election. We hope to have some preliminary data by next months meeting. Dean
philosophically felt there had to be some forum that would allow the public to bring issues to the library.
Craig suggested that she could include a statement in a Press Release that people could call or send e-mail
to express a concern they might have. VanDusseldorp commented on the graciousness with which the
volunteers were asking patrons to complete the survey.
The consensus of the Board was to meet with the planning consultant on December 9 from 4-9 pm. We
will most likely meet in Meeting Room A.
New Business
Universitv Heights contract
Craig included a memo describing one of our planning initiatives for this year. It suggests that we join the
Coralville Public Library to establish a contract with University Heights for library services. The issue is
the same as it was when we made the attempt in 1995 however no changes resulted at that time. Currently
University Heights citizens buy a fee card for $120 and may get reimbursed $75 from the University
Heights City Council. Coralville charges $75 for their fee cards. Craig recommends that we discontinue
offering library services beginning July 1,2005 if there is no interest in a contract.
Schnack moved that we work with Coralville Public library to approach University Heights Council
regarding a contract for library services. Prybil seconded the motion. Schnack then asked if we would
present it to them with the consequences of no library service. Craig said that it would have to be included
in the motion. If the Board directs her she would include a statement in her letter. If the Coralville Board
agrees to do this, a letter will be sent to the University Heights City Council opening the conversation and
then have a meeting with the council. Craig's goal would be to have a contract signed for FY06. She
will wait until after Coralville Board has met and hope to do a letter after that meeting. Schnack amended
her motion to include a statement that if Coralville does not agree, then we discuss again. Prybil repeated
her second of the motion. All voted Aye. Motion passed unanimously 6-0.
Art Committee appointment
Agenda item 3A
Page No 3
The committee has an opening due to a resignation. The committee advertised for a member last spring.
The individual recommended tonight did respond at that time, however was not selected. Staff feels she is
an excellent candidate and recommends her this time. Prybil had concerns about not advertising this
opening to the public. Staff felt that this opening had to be filled quickly since this is the time the Art
committee is the busiest and there is nothing requiring advertising, only a guideline. A normal term would
be three years and the plan is to continue to advertise as members reach the end of their term. Prybil
moved that we accept Karen Langenhan Rushton to fill the Art Advisory Committee vacancy. McCray
seconded. Motion passed unanimously 6-0.
McCray commented enthusiastically on the recent display of artwork as part of the Gallery Walk. She said
it represented a great staff effort.
Staff Reports
Departmental Reports: Children's, Systems, Technical Services
Craig asked if there were any comments or questions about the reports. Prybil wishes she was three and
could use the children's Room. She asked how many Title 1 schools were represented for the recent joint
programming with Hancher. There were nine schools included. Children's Room hired a new intern. The
intern is required to be emolled in Library School and interested in being a children's librarian. She works
ten hours/week during the school year and in summer works forty hours/week at $8.00/hour. Currently
about 2/3 of her time is spent working with others on the Children's Desk and helping staff with tasks. She
also helps with special programming and will work with the Summer Reading Program.
Development Office
Curtin thanked Board for their support over the last three years. VanDusseldorp thanked Curtin on behalf
of the Board for staying on during a difficult transition. He complimented her for the great job she's done
and said he hopes she stays around. She will be a Circulation volunteer so we'll get to see her from time to
time.
Patty McCarthy, her replacement, begins here at ICPL on November 8.
Curtin reminded the Board of the upcoming Book Gala on November 14 at 6:30 pm at Prairie Lights.
Countv Contract
Craig informed the Board that the contract was approved by City Council on October 19.
ILA
Five staff members attended the Iowa Library Association meeting in Council Bluffs in October. Logsden
and Clinkenbeard attended a preconference on Intellectual Freedom. It was a good couple of days of
meetings and Craig agreed to run for ILA President-Elect. If elected, her term of office will be in 2006 and
she will then be responsible for that conference.
New Art brochures
New art brochures were included in the packet. These included permanent art and children's art brochures.
President's Report
VanDusseldorp urged everyone to attend the Book Gala on November 14.
Agenda item 3A
Page No 4
Another date to mark on calendars is Legislative Day on December 6 at 5:30 pm here at ICPL.
VanDusseldorp reported on his attendance at a luncheon hosted by West Bank. He felt it was well
organized; members ofICPL's Board attended and had an opportunity to speak and acquaint the staff with
ICPL.
Announcements from Members
None
Communications:
None
Quarterly Financial Reports
Craig felt that receipts were just where they should be at this time of year, as were expenditures.
Quarterly Use Reports
These statistics show how use of the library has increased this fust quarter. Meeting Room use has gone up
91 %, circulation is up 12%. Programming has increased; use of the Internet has gone up. Library cards
issued was up 55%. The remote book drop use is down because we do not have the book drops on Linn
Street. The East side book drop needs to be emptied twice a day. Circulation of nonfiction DVD's are
definitely way up. Clark said people have discovered the 2nd floor and are using the nonfiction collection.
Disbursements
Review Visa Expenditures for September 2004.
Approve Disbursements for September 2004. Motion was made by Prybil, seconded by Schnack. The
motion passed unanimously 6-0.
Set agenda order for November 18 meeting. Meeting is earlier next month,
Some information on leasing the retail space
Follow-up on University Heights
Results of Surveys
Adjournment
Meeting was adjourned at 6:30 pm after a motion by Prybil, seconded by Dean. Motion carried
unanimously 6-0.
Minutes taken and transcribed by
Martha Lubaroff
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MINUTES FINAL
CHARTER REVIEW COMMISSION
MONDAY, NOVEMBER 8, 2004 - 7:00 AM
LOBBY CONFERENCE ROOM, CITY HALL
Members Present: Kevin Werner, Andy Chappell, Karen Kubby, Penny Davidsen (left
8:47 AM), Vicki Lensing, Nate Green (left at 8:45 AM), Naomi Novick, William
Sueppel, Chair; and Lynn Rowat (arrived at 7:25 AM)
Staff Present: Marian Karr, Eleanor Dilkes
CALL TO ORDER
Chairperson Sueppel called the meeting to order at 7:00 AM.
APPROVE MINUTES OF NOVEMBER L 2004
MOTION: Lensing moved to accept the minutes of November 1, 2004, as
submitted; seconded by Chappell. Motion carried 8-0 (Rowat absent).
PUBLIC COMMENT
None.
DECEMBER I COMMUNITY PROCESS SESSION
Sueppel noted that the members had received a handout from Kubby, regarding run-off
voting and elections, for them to read.
Review Letter
Next, Sueppel stated that they would review the latest draft of the letter that they plan to
send to organizations in the community. Green noted that under the second bullet, there
should be an "is" after primary (first sentence). Novick stated that she agrees with adding
the "is", which then means adding a "," before the "and" in the sentence. She further
would like to see the next sentence read: The November city election has district council
members elected by voters city-wide." Sueppel asked if the members agreed with these
changes, and they all agreed. Novick then questioned the election of the mayor, where it
states, "others powers as set out in State Code." A discussion ensued about what powers
this position has, and Dilkes responded to questions. Green stated he agrees with
Chappell on adding "Generally," to the beginning of the second sentence, "Generally, the
mayor is the figurative head. . ." Members discussed leaving the sentence as is, but ending
it after "meetings," and delete the "and other powers..." section. Sueppel asked ifthe
members agree to this change, and they all agreed. Karr noted that before the members
approved the letter they may want to discuss putting contact information in the letter, and
any possible enclosures. The members agreed that adding an enclosure with "Contact the
City Clerk.. .," as well as the phone numbers and email addresses of the members, is
necessary. Karr will work on this. She also asked members if they wanted to send a
copy of the Charter with the letter; and the members stated they want redline copies
available the night of the public session, but not to mail any. Sueppel asked for
clarification in the fourth paragraph, where it states, ".. .up to twenty-five minutes
Charter Review Commission
November 8, 2004
Page 2
discussing both issues." He asked if this should read "each" instead of "both." The
members agreed to change this to "each." (Rowat arrived at 7:25 AM) Sueppel quickly
reviewed the suggested changes to the letter.
MOTION: Kubby moved to approve the letter (CR53) as amended; seconded by
Davidsen. Motion carried 9-0.
Direct Mail Communitv "invitations"
Kubby noted that under the Iowa Women's Foundation, the contact person should be
Mari Sue Hartung, the new Executive Director. Kubby also noted that she would like to
add the group FAIR! to the mailing list, with an address ofP. O. Box 1812, in Iowa City,
52244. Kubby also noted that under the DVIP organization, the Chair is now Kristi
Doser. Kubby suggested sending the letter to chairs of boards and commissions, and staff
members as well. Green suggested adding the student government to the mailing list
(48IMU). Sueppel asked that the City Manager, and current and past Council Members
be invited. Faculty Senate was also suggested, as members want to get the U of!
involved. Margaret Raymond was the name given for this. Chappell noted that the Bar
Association head is now Cynthia Parsons. There will be approximately 200 letters
mailed out. Kubby asked Karr to send the letter electronically to the Charter Review
members once she has finalized it.
Publicity
Members next discussed what type of publicity they want to use for the December 1
public session. Posters on city buses and Cambus; handouts at City Hall and Public
Library; a press release/media release will be done by Karr; guest editorial in the Sunday,
November 28th, issue for the Gazette, the Daily Iowan, and the Press-Citizen - Sueppel
and Chappell to work on this (Karr to get deadline); the city web site - Karr will prepare
this; cable TV - Karr will prepare this as well, from the information the members have
already approved for the letter; radio programs - Lensing will check with the Dottie Ray
program; Talk of Iowa was also discussed, and WSUIIKSUI. Kubby will talk to
producers at WSUI about Talk of Iowa to see what is available for them. Rowat and
Novick are available to help Kubby with this. It was suggested that KCJJ also be
contacted. Everyone will check into these various avenues and report back to the
members at the next meeting.
Handouts
Karr noted that the newest redline version of the Charter will be available for everyone at
the December I public session. Karr asked the members if they wanted flipcharts for that
evening, and it was agreed that they would need at least two. Facilitators will use these
for group discussions.
Facilitator Information
Sueppel stated that he would like to see teams working as facilitators at the public
session. This way, one person will be the "facilitator" of the discussion, and the other
will be the "note taker." Groups were set up as follows:
Charter Review Commission
November 8, 2004
Page 3
Rowat (facilitator) + Lensing (note taker)
Kubby " + Sueppel "
Chappell " + Novick "
Green " + Werner "
(TAPE ENDS)
Discussion continued on how these teams will work to keep the discussion going, and to
keep notes, but to work together to keep the evening flowing. Sueppel suggested that
they have a break after these discussion sessions, and at that time the facilitators and note
takers will get together to compare notes, and to prepare something for the group as a
whole. Davidsen stated that she feels they are structuring this public session too much,
and it may eliminate open discussion by those in attendance. Kubby stated that she feels
the opposite is true, that as people bring up these others issues, the facilitators can ask
them to bring up their issues in the large group, and to see how it relates to what they are
discussing. Sueppel stated that he feels the last hour should be opened up to discussion
by the attendees. Davidsen asked if she could have an audiotape of the public session, as
she will not be in town. Karr will make sure she gets one. Sueppel then asked if they
were going to tape each individual group. Members agreed that this was not necessary.
The opening and ending part of the session will be on audiotape.
Sueppel suggested they go ahead and decide what points they want to make at the public
session, and asked that they go ahead and write up something for the facilitators to use
that evening. Under the first issue, Mayor, Kubby listed the following ideas: have we
suffered under the current system; good personality versus good governance;
inexperience; vacancy created in other council seat - causing special election; and higher
spending in campaigns. On the other side, she listed: trust electorate to pick leader of the
leaders; entrenched experience (stale); and more democratic. The issue of term length
was discussed briefly, with the pros and cons being looked at.
Under the next issue, district representative, the following was proposed. Kubby asked
that this information be typed up for the facilitators to use at the December 1 session.
Green opened the discussion with a positive and a negative concerning the election of
representatives. It could be either more democratic, or less democratic, depending on the
at-large seats. The growth of the community, versus the amount of representation, was
also discussed. The topic of reducing voter confusion was also discussed, in terms of
more direct representation. The Help America Vote Act (HA V A) was mentioned briefly.
MEETING SCHEDULE
Sueppel asked the members if they felt they needed to meet tomorrow at 3:00 PM, as
scheduled. The members agreed there was no reason to meet tomorrow, and that the next
meeting will be November 16 at 3:00 PM, as scheduled.
Charter Review Commission
November 8, 2004
Page 4
REVIEW CHARTER
Sueppel asked Dilkes to quickly explain the changes made to the most recent red lined
copy of the Charter. Section 4.04 (3) and (4) were the sections with the major changes.
Sueppel asked if Dilkes was of the opinion that the Charter could provide for termination
without the consent of the Council and Dilkes said yes.
MOTION: Green moved to TA Section 4.04 as red lined; seconded by Novick.
Motion carried 8-1; Kubby noting the negative.
Dilkes noted that under Section 2.12 (B) she added an exception that deals with the
appointment of the police and fire chiefs.
MOTION: Kubby moved to TA Section 2.12 as red lined; seconded by Lensing.
Motion carried 9-0.
Section 7.01 (B) (1) (j) (k) limitations, that the members agreed to, was mentioned next.
These are changes from the Commission's last meeting.
MOTION: Rowat moved to TA Section 7.01 (B) (1) (j) (k) as red lined; seconded by
Chappell. Motion carried 9-0.
Dilkes noted that in Section 8.02, she clarified the wording, as recommended by the
Commission. A brief discussion took place regarding the wording, and members gave
their opinions.
MOTION: Lensing moved to TA Section 8.02 as red lined; seconded by Green.
Motion carried 9-0.
(Green left at 8:45 AM)
Karr noted that packets will go out on Wednesday, due to the November 11 th holiday.
OLD BUSINESS
Sueppel stated that he wanted to thank Davidsen for her participation in the Commission,
as this will be her last meeting. She will be leaving for Arizona. Davidsen thanked
everyone and wished them luck, and members bid her farewell. [Note: Hereafter she
will be participating via telephone conference.]
Kubby had a question regarding why the City does not require birth date on the petitions,
and why it is optional. (TAPE ENDS) Dilkes and Karr explained that a previous
Commission was concerned about "invasion of privacy" issues. Sueppel noted that he
initially wondered whether it was necessary to require Charter Review every 10 years but
now believes it is a good idea. He stated that issues such as initiative and referendum are
in the courts, and could possibly make the next review different. Novick stated that the
need for an appendix is still strong, especially in light of the changes made to the Charter.
Charter Review Commission
November 8, 2004
Page 5
ADJOURNMENT
MOTION: Chappell moved to adjourn the meeting; seconded by Rowat. Meeting
adjourned at 8:55 AM.
c;:
MINUTES FINAL
CHARTER REVIEW COMMISSION
TUESDAY, NOVEMBER 16, 2004 - 3:00 PM
HARV A T HALL, CITY HALL
Members Present: Kevin Werner, Andy Chappell, Karen Kubby, Penny Davidsen (on
speakerphone), Nate Green, Naomi Novick, William Sueppel, Chair; and Vicki Lensing
(arrived at 3:07 PM); Lynn Rowat (arrived at 3:10 PM)
Staff Present: Marian Karr, Eleanor Dilkes
CALL TO ORDER
Chairperson Sueppel called the meeting to order at 3:00 PM.
APPROVE MINUTES OF NOVEMBER 8, 2004
Davidsen noted that on page 4, under "Old Business," at the end of the first paragraph,
she would like to add something to the effect of, "Hereafter she will be contacted via
telephone conference." The members agreed. Novick noted that on page 2, under
"Direct Mail", 5th line down, the "is" after Doser needs to be eliminated; ih line down,
"manger" should be "manager"; and under "Publicity", 3rd line, "handouts" should be
"posters." The members agreed with these corrections, as well.
MOTION: Novick moved to accept the minutes of November 8, 2004, as amended
above; seconded by Chappell. Motion carried 8-0 (Rowat absent).
PUBLIC COMMENT
Sueppel asked if everyone had received the letter from Jay Honohan, via email. Some
members had not; Karr made copies for the members. Sueppel noted that Davidsen
would need to have copies mailed to her.
MOTION: Kubby moved to accept the correspondence from Jay Honohan of the
Senior Center; seconded by Green. Motion carried 9-0.
DECEMBER I COMMUNITY PROCESS SESSION
Publicity - Sueppel stated he would go through the list to see what the status of each
item is. Posters on City buses - Karr noted they are working on this at the present time.
Handouts at City Hall and Public Library Information desks - Karr stated these
would be available tomorrow (Wednesday, 11/17/04). Davidsen asked ifKarr would
mail her this information, as well. Press Release - Karr noted that this would be
prepared once they have all the material needed. Guest Editorial- members discussed
the draft they received on this. Kubby noted that she has one suggestion. In the 3rd
paragraph, where it talks about district candidates and the primary, she would like this to
be more explicit. Her suggestion is: (insert the following words) Voted on by district
voters (in the first sentence); Our district candidates are winnowed down to two per
district at a primary election, voted on by district voters, if more than two seek a specific
district seat. She also noted that perhaps the term "city election" could be changed to
"general election." Karr clarified the change: "regular" will be inserted before "City
Charter Review Commission
November 16, 2004
Page 2
election" in line 3 and line 4 ofthe 3rd paragraph. Kubby stated that by adding
"November election" it would be even more clear for people. Karr asked if they wanted
"primary" to also have "October." The members agreed to these changes. Kubbyalso
suggested adding a final line that would really grab people's attention. She suggested:
It's your charter. Let your voice be heard. Members discussed this, and questioned voice
versus voices. They decided to go with the plural. Sueppel noted that the Daily Iowan
would not be publishing during the entire week of Thanksgiving, so they need to keep
this in mind when meeting deadlines. He also noted that they needed to decide which
newspaper they would publish the guest editorial in, either the Gazette or the Press-
Citizen. It was decided to publish in the Press-Citizen for the Sunday issue; and the
Daily Iowan's Monday the 29th issue. Novick stated that a couple ofthe members could
submit letters to the editor to the other newspapers. It was decided that Novick would
send a letter to the Gazette; and Green will take the Daily Iowan. They will use the
above-mentioned guest editorial as their basis. Davidsen asked to have copies of these
items, as well, and Karr will make sure she has copies of all the documents mentioned. It
was noted that a picture needs to be taken of Sueppel, and Karr stated she would have the
City photographer take this picture on Thursday, as Sueppel will be in his office. City
Website - Karr noted that this has been updated with the latest redlined version of the
Charter, and the December I letter and notice. Radio programs - Kubby reported that
WSUI's Iowa Talks is now statewide, versus regional, so this piece would not work here.
However, Kubby noted they would like to do a 5-minute news piece and a longer
weekend item with a studio interview. Kubby noted that this interview can be done at
any time, and then it will be aired on a particular weekend. She just needs to contact
WSUI and finalize the plans. Kubby will work on this. Lensing stated that she would
work with Kubby on this, and they will report back to the members. Kubby noted that
their message will be based on the guest editorial. Lensing stated that she is to contact
Brent about this at KXIC, but that the interview will be basically the same as the radio
station, in that the interview can be done either live, or tape beforehand. She needs to
contact him for further clarification. Werner stated that he would do the KXIC interview,
and Rowat also volunteered to work with him. Werner stated he would contact Brent to
set this up. They will let Karr know once these interviews are arranged so information
can be shared with the Commission. Cable television - Karr noted that a decision has not
been made on this yet.
Facilitator information - Karr reported that the December 1 public session, being held
at the Public Library, will be in Meeting Room A, which is large, and several smaller
rooms around it, where they can have their smaller group sessions. She asked the
members if they wanted a typed sheet with consistent information for each
facilitator/scribe and their group. The members discussed this briefly, and Kubby stated
she would work on coming up with a I-page sheet for the facilitators to use. Karr noted
that if Kubby wants to get this in the packet for the next Charter Review meeting, then it
will need to be done by Thursday morning. Kubby noted that she may not have it done
by then, but will have it ready for the next meeting, which is November 22. Kubby's
draft will be reviewed at the next meeting. Novick noted that she does have to leave at
7:30 PM from the December 1 public session, and wanted to remind the members of this.
Charter Review Commission
November 16, 2004
Page 3
(TAPE ENDS)
MEETING SCHEDULE
Lensing asked what the agenda was going to be at the November 22nd meeting. Sueppel
stated it would be an update on the publicity, and a review of the facilitator sheet that
Kubby will be preparing. Discussion began on reducing the length of this next meeting
as most issues have been cleared up. It was decided to start the meeting at 8:00 AM,
instead of7:00 AM.
A brief discussion ensued, regarding the public session on December 1. It was decided
that they would have the participants count off to form groups, and to have the same
facilitator/scribe discuss all issues with their group, instead of changing groups. It was
decided by the group to see how many people show up for the public session, before they
make any specific recommendations on how the meeting and group discussions should be
run.
ADJOURNMENT
Kubby motioned to adjourn the meeting at 4:00 PM; seconded by Chappell. Motion
carried 9-0.