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HomeMy WebLinkAbout2000-08-15 Bd Comm MinutesTHURSDAY, JULY 13, 2000- 5:30 P.M. Subject to A proval CIVIC CENTER COUNCIL CHAMBERS " ....."""":' ........ MEMBERS PRESENT: Richard Carlson, Ann Freerks, Mike Gunn, Peter Jochimsen, Sue Licht, Doris Malkmus, Marc Mills Michaelanne Widness MEMBERS ABSENT: James Enloe STAFF PRESENT: Scott Kugler OTHERS PRESENT: Jackie Briggs, Ben Chait, Scott Kading, John Loomis, Mary Beth SIonneger RECOMMENDATIONS TO COUNCIL: MOTION: Carlson moved that the property located at 13 S. Linn Street be nominated for designation as an Iowa City Historic Landmark. Jochimsen seconded the motion. The motion carried on a vote of 8-0. CALL TO ORDER: Chairperson Gunn called the meeting to order at 5:30 p.m. Introductions were made to welcome new member, Ann Freerks. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Benjamin Chait introduced himself as a local architect who would like to discuss a single-family home located at the intersection of Linn Street and Iowa Avenue. He said that he is acquiring the building and is interested in taking advantage of the tax abatement program and had some questions about how the process might work. Chair is interested in replacing the structure or possibly renovating it into a viable and appropriate use. Kugler clarified that Chair will be repairing or replacing the structure and would like to take advantage of the tax abatement offered under the Downtown Urban Revitalization Plan, and that the Commission would at some point in the process need to make a determination as to whether the building was eligible for the National Register of Historic Places. Chait said that in his opinion, the structure was not historically valuable and that he was interested in replacing it with something more substantial and appropriate. Mills asked if Chait was just giving the Commission some advanced notice of his plans. Chair said that it is more than just advanced notice. He said that he wants to know whether if the property is deemed eligible for the National Register of Historic Places, could he move it or alter it and still be eligible for an abatement. He asked if the only way to be eligible for the abatement was to restore the property as it is and without major modification. Kugler said that any time tax abatement is being considered, some form of review will take place. If the building is determined to be eligible, this does not preclude modifications to the building, but aims to ensure such changes would be appropriate for the property and the area. Chait expressed that he was uncomfortable with the subjective nature of how Iowa City Historic Preservation Commission Thursday, July 13, 2000- 5:30 P.M. Page 2 the process works and said that he is looking to create a new building with historical features that he considers more appropriate than preserving the existing structure. Gunn and Kugler clarified that if the Commission determined that the property was eligible to be designated a landmark, the tax abatement rules would apply without the property being listed. Widness suggested that Chait take a look at guidelines in an available packet about what kinds of features are important in historic preservation. She also said that preservation is important and that if the downtown survey consultant's report suggests that this property is significant, then the Commission will likely follow that recommendation and use the Secretary of Interior Standards to interpret the property. Widness went on to say that this does allow some flexibility, but the emphasis is on the existing structure being as original as possible. It will also be important to look at the entire downtown survey to see how the property fits with the rest of the area and noted the importance and fragility of this area. Mills asked if the Commission's influence on the property ends if it is not deemed historic by the Commission. Kugler responded that if the property is determined not eligible, any further review would go to the Design Review Committee. Chait brought up that the Bruegger's building was completely remodeled approximately eighteen years ago. He said that it is not an unattractive building, but it looks nothing like it did prior to the renovation and it retains few original exterior features. Gunn asked Chait for a timeline of his plans. Chait said that the project has been in conceptual development for a few months and he hopes to have the design options quantified in the next few months and that it would be helpful to have a determination from the Commission on the property's eligibility. Kugler said that the process for this would be similar to a 106 review and noted that the consultant's report would not be ready until Fall. Chait asked if the consultant would be interested in the property because of its single family status in downtown. Kugler said that the consultant has indicated that her determination is based mainly on the architectural integrity of the property. Most of the defining architectural elements of the structure are still intact and visible from the street and may be important, even though the building may not be as detailed as other downtown buildings. The consultant is likely to recommend that it be considered eligible, but it is still up to the Commission to make that determination. Widness asked how much progress the consultant has made and if it would be possible to get some preliminary information on this property. Kugler said that the consultant did not have any site forms done yet, but she has indicated that things could be moved up if need be. If Chair needed a determination at the August meeting, the information could be available. Chait asked if the building could be expanded and if so would it have to look as it would have looked originally. Kugler said that it is common to have additions on historic buildings, but generally they should be somehow be differentiated from the original structure to preserve the integrity of the original design, yet be compatible and fit well with the original. Chair asked if the facade is what is really important. Could the property be made viable on the sides without a street fa~:ade. Gunn said that the street is important, but the Commission generally sees small additions to residential property and that this would be a more extreme case. Widness said that it is important that additions do not overwhelm what exists. Mills suggested that Chait take a look at the Secretary of the Interior Standards. Iowa City Historic Preservation Commission Thursday, July 13, 2000 - 5:30 P.M. Page 3 Chait asked if he brought in plans for a new building for the site that pleased the Commission, would that make any difference in enabling the Commission to approve it and state that the new building would be subject to the Commission's review and allow the tax abatement to be used. Kugler responded that the Urban Revitalization Plan does not allow that kind of leeway. The Commission really just needs to make a determination on the eligibility of the building one way or the other as the next step in this process. It may also be helpful for the Commission to visit the property in making their decision. Gunn said that the Commission would set a time to view the property and put a review on the agenda for the August meeting if desired by Mr. Chait. PUBLIC HEARING: HISTORIC LANDMARK NOMINATION: 13 S LINN STREET: Kugler passed photos of the properly at 13 S. Linn Street from 1930 and the present. He said that the Commission has not dealt with many historic landmark designations and that the applicant has initiated this process and has provided information. Kugler said that the consultant working on the downtown area has recommended that the building should be eligible for landmark status locally and for the National Register of Historic Places. Scott Kading introduced himself as the applicant and said that the text explanation covered his thoughts, but said that the building has some ADA accessibility issues that will make it hard to make the building fully viable. Jochimsen asked if there were apartments on the second floor. Kading said that there are apartments on the top and second levels as well as three businesses. He said that he would like to have businesses in the basement, but that area is not accessible. Kugler said that this is the first step in the nomination process and that the next step would be the Planning and Zoning Commission. There were no public comments on the nomination. MOTION: Carlson moved that the property located at 13 S. Linn Street be nominated for designation as an Iowa City Historic Landmark. Jochimsen seconded the motion. The motion carried on a vote of 8-0. Kugler began discussion on the motion by suggesting that the building is best eligible under Criteria B and E that deal with the architectural value of a building. The Commission then decided that the information regarding the original owner and use of the building was strong enough to add criteria D. CERTIFICATE OF APPROPRIATENESS REVIEW: 8 BELLA VISTA: Kugler stated that this is an addition to the home located at 8 Bella Vista. It is an addition to the rear entrance to the home that serves as the main entrance. He also passed photos of the home and a floorplan. Loomis stated that he was there on behalf of the homeowner and is the designer of the addition. He stated that the owner is looking for more room on the east side of the home. That is the logical portion of the home to add on to in terms of room and available views. The home currently has no entry closets and the owner would like to create a larger and more formal entrance. An earlier design was submitted that was deemed to be too large and the design at this point is more like a porch. The home is of an indeterminate style. Iowa City Historic Preservation Commission Thursday, July 13, 2000 - 5:30 P.M. Page 4 Kugler confirmed with Loomis that the extent of the changes would include the removal of two existing walls and adding a brick and stucco addition. The Commission discussed the appropriateness of the window selection and the style of the home and determined that double-hung windows would be the most appropriate and that an addition on the east side of the home is possible and appropriate. Widness said that the addition would be a formal structure for a rear entrance, but it is understandable given the unique placement of the home and the less accessible front entrance. Malkmus indicated that she would rather see double-hung windows in place of the awning window. Loomis said that may not be possible due to the location of the window in a stairway landing. Gunn asked if the window that is being taken out could be reused. Loomis said that is possible, but may be prohibitively expensive. Licht had a question about the overhangs on the addition. Loomis explained the overhangs and said that they are difficult to interpret from the drawings. /icht said that she liked the way the project was going, but is not completely comfortable with the drawings. She suggested that Loomis reconfigure the roof and entry to allow the entry to act as an entry. Loomis agreed to look into her suggestion and the Commission agreed to look at this project again in two weeks. Licht left the meeting at 6:40. REVIEW OF NORTHSIDE/GOOSETOWN DISTRICT RECOMMENDATIONS: Kugler reminded the Commission of the memorandum from Marlys Svendsen in the packet. He said that the contract with Svendsen also required that she go back and look at all previous surveys as well as the Phase III survey to identify potential historic districts, regardless of survey boundaries. He said that Svendsen's memorandum recommends a series of historic and conservation districts and put up an overhead of some of the recommendations. There will be a neighborhood meeting on Tuesday, July 18 where Svendsen will present the report and be available to answer questions. Kugler said that it would be best if some Commission members would be able to attend the public meeting. He also indicated that only residents of the Phase III area received notification of the meeting. Widness said that she would like to have a discussion with Svendsen about her interpretations and what the next steps might be. Kugler said that it would be possible to set up a special meeting for that purpose, but that this will be a slow process and there would be other opportunities to discuss it. Gunn asked for any public discussion on the item. Slonneger introduced herself as a Goosetown resident and that she had some concerns over some of the boundary decisions made in the memorandum. She asked why the boundary was cut off at Church street. Kugler said that decision was probably made because of some newer commercial properties in the area and other less significant structures. Slonneger said that in the research that she had done, she thought that the boundary should have been extended to Brown Street. She also thought that the east side of Reno Street should be included. Slonneger said that she and others have been working hard to build community spirit in the area and that cutting out Reno Street would hurt their efforts. Kugler said that he asked Svendsen about these boundaries and would prefer to let her explain them again and asked if Slonneger would be attending the Iowa City Historic Preservation Commission Thursday, July 13, 2000 - 5:30 P.M. Page 5 neighborhood meeting. Kugler said that he would tell Svendsen to address the issue at that time. Malkmus asked if it might be more important to have a Bohemian influenced conservation district or an annexation to the Brown Street Historic District, Kugler said that is a good question for Svendsen and suggested that is why an independent consultant was chosen to give advice on the boundaries. Slonneger asked about getting help from the City for individual property owners who would like to obtain historic designations for their properties. Kugler said that the City can put people in touch with the right information, but that there is not enough available staff or volunteer time to provide much assistance with individual nominations. Malkmus asked Carlson if it would be reasonable for a homeowner to complete the designation process on their own with the help of a workshop. Carlson said that may be possible, particularly in this area where the ground work has already been done. Malkmus said that she would like to see the neighborhood apply for a grant to have a workshop on this issue. Kugler asked for Commission members willing to attend the meeting on Tuesday to let him know. Gunn, Carlson, and Freerks indicated that they would attend. Widness left the meeting at 7:30. SECTION 106 REVIEW: 424 N. VAN BUREN STREET: Kugler passed around photos of the property and indicated that it was included in the Original Town Plat, Phase I survey where it was not found to be individually eligible. He added that it is not included in any of the new districts as suggested by Svendsen. MOTION: Malkmus moved that the property located at 424 N. Van Buren Street be found not to be eligible for the National Register of Historic Places. Mills seconded the motion. The motion carried by a vote of 6-0. Carlson questioned the future possibility of the property contributing to a conservation district or historic district. Kugler indicated that the State does not like to see the Commission make indeterminate decisions like that on 106 reviews. Kugler explained the review process to the Commission for the benefit of the newer members and indicated that finding the property ineligible at this time would not prevent it from being considered eligible in the future based on more information or the passing of time. SECTION 106 REVIEW: 214 E. CHURCH STREET: Kugler introduced the property and said that it was not determined to be eligible by Molly Naumann as part of the Dubuque/Linn Corridor survey, but Svendsen feels that this property is individually eligible. He said that this is an acquisition of property rather than a rehabilitation so no changes will be made to the building at this time. However, to avoid a situation where federal funds are used to purchase an eligible building and then private funds are used to inappropriately alter it, in the past property owners have been required to file a covenant that would require any changes requiring a building permit to be reviewed and approved by this Commission for a period of 15 years. Jochimsen asked for clarification of the scenario. Kugler explained that because of the funding source, a 106 Review is required just as in a rehabilitation situation. Here the concern is not what the City is doing to the building with the federal funds, but what the new property owner might do after the City helps them purchase the building with the Iowa City Historic Preservation Commission Thursday, July 13, 2000- 5:30 P.M. Page 6 federal funds. Kugler indicated that he would ask someone with Housing Rehab to put together a short memo explaining their programs so that the Commission has a better understanding of these projects and the Commission's role. MOTION: Malkmus moved that the property located at 214 E. Church Street be found eligible for the National Register of Historic Places, and that assistance be subject to a 15-year covenant within which any alterations requiring a building permit will be subject to review by the Historic Preservation Commission. Carlson seconded the motion. The motion carried by a vote of 6-0. SECTION 106 REVIEW: 1318 MARCY STREET: Kugler indicated that this property is located within an area that has not yet been surveyed, but the Preservation Plan does call for this neighborhood to be surveyed in the future, mainly due to the presence of a number of Moffitt houses on streets a bit farther to the east. He said the Commission will have to use its judgement regarding the eligibility of this building. Gunn commented that there are several newer houses within this general area. Jochimsen stated that he didn't see this area being considered for historic district designation in the foreseeable future. Carlson indicated that there were also integrity problems associated with this property. MOTION: Mills moved that the property located at 1318 Marcy Street be found to not be eligible for listing on the National Register of Historic Places. Jochimsen seconded. The motion carried on a vote of 6-0. SECTION 106 REVIEW: 613 RONALDS STREET Kugler said that this property is located within the proposed Ronalds Street Historic District, or the expanded Brown Street District, whichever route the Commission chooses to go on this area. It is a contributing structure according the Svendsen's analysis, and was determined to be individually eligible by consultant Jan Nash in the Phase I survey. Freerks noted that a portion of the house dates to the 1840s. Malkmus noted that this was a good example of vernacular architecture in the Northside, as described by Nash. MOTION: Mills moved that the property located at 613 Ronalds Street be determined to be eligible for listing on the National Register. Carlson seconded the motion. The motion passed on a vote of 6-0. Kugler noted that that the work plan includes painting, re-roofing a shed, and replacing the steps to the back deck. MOTION: Malkmus moved that the proposed work plan be found to be in compliance with the Secretary of the Interior's standards. Mills seconded. The motion passed on a vote of 6-0. Iowa City Historic Preservation Commission Thursday, July 13, 2000 - 5:30 P.M. Page 7 REVIEW OF ANNUAL REPORT: Kugler said that the report was drafted based on last year's report, a review of past agendas and minutes, and the Commission's work plan that it.established last fall. He said this is the Commission's opportunity to amend any of this information prior to it being finalized and made available to the public. Gunn asked about the Longfellow Historic District item, and whether or not it should include the nomination of additional conservation districts recommended for the area. Kugler responded that the only one the Commission has prioritized at this point is the Governor-Lucas district. He said this item could be changed to add looking at these other areas, but the Commission has not yet indicate that it intends to do so. Malkmus thanked staff and other commission members for all of the work done over the past year. She noted that the "Procedures" item should reference that they were adopted in June, as were the guidelines. The Commission directed Kugler to make these changes and send the report on to the City Manager. CONSIDERATION OF MINUTES FROM THE JUNE 8, 2000 MEETING: Malkmus said that on page two under conservation district discussion, the reference to the existing zones in paragraph two should be clarified. She also noted that on page three, the discussion of the boundary running down the alley between Governor and Lucas Streets specify that it is referring to the area south of Bowery. She noted that on the top of page three, the phrase "for some restrictions" be qualified with a reference to the owner's property rights. She said on page four, the second paragraph above "Discussion of Proposed Procedures and Design Guidelines", the last sentence, should reference roof pitches "and style" for new dormers, rather than just roof pitches. Carlson said on the first page the term "not worthy of preservation" should say "not eligible". MOTION: Mills moved to approve the minutes as amended. Carlson seconded, The motion was carried on a vote of 6-0. DISCUSSION OF GQVERNOR-LUCAS-BOWERY STREET CONSERVATION DISTRICT: Kugler said that the only new information on this item are some maps illustrating district boundaries and contributing and noncontributing structures. He indicated that determinations were missing for a few of the properties, and that Carlson was to make some recommendations to the Commission on those properties. Kugler indicated that he had information about land uses and property ownership patterns, and that it was just a matter of mapping that information and referencing it in the report. He said that with the completion of the contributing and noncontributing building list and one or two other sections of the report, a complete draft of the report would be ready for review. He said that he hoped to have a full draft for review at the August meeting, and that the Commission could consider starting the designation process this fall. Iowa City Historic Preservation Commission Thursday, July 13, 2000- 5:30 P.M. Page 8 COMMISSION INFORMATION/DISCUSSION: Gunn indicated that he had several discussions with Eleanor Steele, a resident of the Summit Street Historic District, regarding the design guidelines. She expressed some concern about the guidelines with respect to tuck-pointing. The guidelines state that no power tools should be used under the disallowed category, but that on brick structures only hand tools should be permitted due to the softness of the brick. Kugler questioned whether or not tuck-pointing even required a permit, as he could not recall a review ever coming through the Commission for approval. Gunn also questioned whether that was really the intent. He said that this guideline came out of the Iowa City Neighborhood Design Book, which served as a basis for the new guidelines. Kugler noted that the standard may be appropriate for very old brick buildings, but for buildings built after the turn of the century, both the bricks and the mortar were much harder and cannot be removed as easily. Gunn noted that in his experience in dealing with rehabilitation projects in Iowa, power tools for mortar removal are not permitted on tax credit projects reviewed by the State Historic Preservation Office. Gunn asked if this is something that the Commission should consider amending. Kugler said that he thought the Commission should start a list of potential amendments that can be addressed the next time a set of guidelines is brought to the Council, such as the guidelines for one of the individual districts. Malkmus said the Commission should retain some control over this issue, and suggested a statement that allowed the Commission to allow the use of power tools on a case by case basis. Mills suggested that it be moved to a "not recommended" category rather than disallowed. If it is found that it does not require a permit, then this is just a recommendation anyway. The Commission felt that a list of possible amendments should be started, and that this item should be included to be moved to "not recommended" rather than disallowed Gunn indicated that he would put together revised text for the Commission to consider at a future meeting. Malkmus said that she did some thinking about the Commission's decision to not get involved in the idea of naming the Civic Center after Emma Harvat. She said that she looked at the bylaws and the preservation plan, and she feels that it would have been appropriate for the Commission to be involved. She referenced statements within the Historic Preservation Ordinance that talk of fostering "civic pride in the legacy of beauty and achievements of the past." She said it is a minor part of the Commission's job, but that the Commission is more than just dealing with historic districts and buildings. She wanted to go on record that she feels that the Commission's mandate includes enhancing and fostering civic pride in the history of Iowa City when it has the opportunity. Freerks agreed. Kugler indicated that Bob Roudin, a property owner outside of Iowa City, was referred to the Commission by someone at the State Historical Society of Iowa. He is looking for someone to take a look at his property to help him determine whether it seems to be eligible for listing on the National Register or not. Normally, I would suggest that the Commission not deal with properties outside of the City limits and refer these requests to the Johnson County Historic Preservation Commission. However, this property is mentioned in the City's Northeast District Plan as a potential landmark property. The idea in the plan is to try to identify historic sites in advance to help avoid situations like Bluffwood, where a significant property was removed to make way for a housing development. Kugler asked if anyone was interested in meeting with the owner to Iowa City Historic Preservation Commission Thursday, July 13, 2000- 5:30 P.M. Page 9 discuss the building him. Carlson indicated that he would meet with the owner to discuss the property with him. Kugler asked if the Commission was interested in a mailing to get the word out about the new State income tax program to downtown properties. It seems to be a really good program aimed at historic property rehabilitation. It could be a significant incentive for downtown historic properties. Kugler said that the tax credits could disappear fairly quickly, as there is a cap for this year and it is a first-come, first-served program. Mills asked what kind of notification would be appropriate. Kugler suggested a letter with a summary of the proposed rules and numbers to call to get more information. Mills suggested putting it on the City's website. Freerks suggested the downtown newsletter. Kugler asked for a volunteer to draft a letter or short article on the topic. Malkmus suggested that since it has been in the newspapers already, perhaps the Commission should wait and bring this up again when the downtown survey is completed this fall. Freerks felt that there should at least be something in the downtown newsletter at this time. Kugler noted that no one volunteered to draft the grant application for the Longfellow Historic District National Register Nomination for the August CLG grant round. The other option would be to wait until january to file at that time. Freerks indicated that she would prepare the application. The Commission discussed the building downtown that was mentioned earlier by Ben Chait. Kugler suggested that if a meeting is held on July 27 to review revised plans for 8 Bella Vista, we could also schedule a tour of the property at that time. The Commission agreed that that would be an appropriate time to tour the building. Kugler said that he would check with Chait to see about setting up a tour at that time. The meeting was adjourned at 8:37 p.m. U:/word/histpres/histpresmin7-13-00 IOWA CITY HUMAN RIGHTS COMMISSION 3b(2) IOWA CITY CITY COUNCIL CHAMBERS JUNE 27, 2000 - 7:00 P.M. MEMBERS PRESENT: Maureen Howe, Mary Larew, Charles Major, Diane Martin, Janice Simmons-Welburn, Mettie Thomopulos Jan 'Warren MEMBERS ABSENT: Joan Jehle, Rick Spooner STAFF PRESENT: Eleanor Dilkes, Heather Shank OTHERS PRESENT: Jeff Dockendorf, UI journalism student 1. CALL TO ORDER: Vice-Chairperson Warren called the meeting to order at 7:03 p.m. 2. APPROVAL OF THE MINUTES: Shank said Steve Kanner suggested some additions and she forwarded the changes to commissioners. There were also additional minor corrections. Howe's name was added to members present. MOTION: Simmons-Welburn moved to approve the amended minutes from the April 25, 2000 meeting. Thomopulos seconded the motion. The motion was carried by a vote of 7-0. MOTION: Thomopulos moved to approve the May 23, 2000 minutes as submitted. Martin seconded the motion. The motion was carried by a vote of 7-0 3. RECOMMENDATIONS TO COUNCIL: 4. NEW BUSINESS: Accessibility Conference Warren said information about a Multifamily Housing Accessibility Conference to be held June 29, 2000 was included in commissioners' packets. Shank said the Iowa Civil Rights Commission and the HRC would co-sponsor this event. Shank said she would attend and Larew said she might be able to attend. Iowa City Human Rights Commission June 27, 2000 - 7:00 p.m. Page 2 Shank handed out information she received from Krishna Das of the University of Iowa (UI) College of Education. Das said Ravi Nair, Executive Director of the South Asia Human Rights Documentation Centre, would be presenting a series of speeches at the UI. Das asked whether the Commission would be interested in endorsing a public speech on human rights issues. Shank suggested commissioners review the information and discuss the idea at the next meeting. Shank also stated that Mary Cowdrey of the Iowa Civil Rights Commission would be presenting a training seminar in Davenport, Iowa about investigating cases. 5. OLD BUSINESS: Human Rights Breakfast - nomination forms need revision Shank said a change to the award nomination form was discussed at the previous meeting. They had discussed ways to minimize confusion for the public. Simmons-Welburn said she would be in favor of asking people to submit the nomination form and the Commission would then determine the category. Martin agreed and suggested that they describe the various awards in a cover letter and provide a separate nomination form. Howe asked if the HRC had also sent out a list of past recipients with the nomination form. Shank said this information was included in the program. Warren said they had reorganized this information for the previous Breakfast. Shank reminded commissioners that they would stuff envelopes with the nomination forms at the July meeting. Motion: Martin moved that Simmons-Welburn and Shank be allowed to make changes to the award nomination form prior to the next meeting. Larew seconded the motion. The motion was carried by a vote of 7-0. Posters/Ribbons Warren said Benson & Hepker made an in-kind contribution to design the Diversity poster. The poster is complete and has been printed. Shank said Diane Finnerty said she would prepare the ribbons with assistance from a volunteer at the Women's Resource and Action Center. Thomopulos said once the ribbons are ready, they will consider how to distribute the ribbons. Martin suggested that they also involve the Hate Acts Rapid Response Team (HARRT), the cosponsors, in the distribution. Iowa City Human Rights Commission June 27, 2000 - 7:00 p.m. Page 3 Warren said that she sent a letter to Janusz Bardach thanking him for agreeing to speak at the upcoming Human Rights Breakfast. 6. REPORTS OF COMMISSIONERS: Martin reported that she volunteered to host the HRC table at the Gay Pride Parade. She said Diane Finnerty stopped by and picked up one of the books prepared by Minnesota's Office for Human Rights/the Stanley Foundation. (The materials had been provided at a training conference artended by Shank and Martin.) She said that Finnerty would be calling for additional information because she will be teaching a UI class on the topic. Major said he artended a workshop offered on legal issues for same-sex couples. Information about the workshop was included in commissioners' packets. In addition, he heard that some cities in California are considering allowing same-sex unions that would be modeled after the Vermont law. Larew reported that a proclamation from the Governor was sent to HARRT. The proclamation states that hate crimes will not be tolerated within the communities and will be met with unified and rapid response. The proclamation was written in December 1999. Warren said the Web site, PlanetOut, lists Iowa City as one of the top ten places to live. 7. STATUS OF CASES: Shank said case #21 will be assigned to Team A. Team B and Team C have both recently signed off on cases. Shank said two Right to Sue letters have been issued within the last month, which is unusual. 8. MOTION: Martin moved that the HRC consider a motion to adjourn to closed session based on § 21.5(1 )(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential and pursuant to Chapter 216 of the Iowa Code and § 2-2-4 of the Iowa City Code which requires that complaints of discrimination, reports of investigation, statements and other documents or records obtained in the investigations, shall be closed records unless a public hearing is held. Howe seconded the motion. Warren, Martin, Major, Thomopulos, Larew, Simmons-Welburn, and Howe approved the motion unanimously. 9. ADJOURNMENT: Iowa City Human Rights Commission June 27, 2000 - 7:00 p.m. Page 4 MOTION: Simmons-Welburn moved to adjourn the meeting. Thomopulos seconded the motion. The motion was carried by a vote of 7-0 and the regular meeting was adjourned at 8:02 p.m. HRC062700.doc PRELIMINA IOWA CITY PUBLIC ART ADVISORY COMMITTEE THURSDAY, JUNE 29, 2000, 1 PM Subject to ," provai CIVIC CENTER--CITY MANAGER'S CONFERENCE ROOM ' MEMBERS PRESENT: Nancy Purington, Rick Fosse, Emily Vermillion, Gary Nagle, Terry Trueblood, Sandra Hudson MEMBERS ABSENT: None STAFF PRESENT: Karin Franklin, Joyce Carroll OTHERS PRESENT: Tom Aprile, David Dunlap, Bradd Brown CALL TO ORDER Purington called the meeting to order at 1:06 P.M. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA Trueblood announced that he was in the process of hiring a sculptor to design a skate park. DISCUSSION OF AMENDMENTS TO THE IOWA AVENUE LITERARY WALK Franklin began by explaining that there was within the design the option of having stamped quotations in some form. The artist has stated that he would not be able to guarantee the stamped words for five years. Franklin and the artist discussed the options. The artist has suggested highlighting the plaques by placing them in colored concrete rectangles. The plaques will be made of forged bronze. The only other option would be to accept this element without a five-year guarantee and Franklin said she would be very reluctant to do this. Purington inquired if bronze letters could be done in the concrete. She said that she felt this would be very elegant. Franklin said this was possible, but she was not sure of the cost. It could be considerably more than the $120K allotted to the project. Hudson said that it has been her experience that small embedded pieces are not very stable. Since the artist does not have experience with the stamping or embedding she was curious how this would hold up over time. Franklin said that the concern with the stamped phrases is that the edges of the letter would perhaps chip off and the distinctiveness of the letters would diminish. Brian Clark and Associates suggested that a pattern in the concrete be created through sandblasting to give the desired continuity. Franklin explained that the two issues were eliminating the stamped words and using colored concrete to highlight it. Cost would be associated with the colored concrete. If the artist were to assume the cost of the colored concrete in his contract it would have to be agreed upon. It is about $7K per block face or $42K potential difference between the original contract and having this done. Purington suggested casting the bronze into the concrete. Vermillion suggested that the words be cast in bronze in a strip with the strip anchored. Franklin said that this would cost more than the stamped concrete project. Vermillion noted that in the San Diego Airport there were embedded pieces in the flooring. She looked at them very carefully to determine how they had worn. She did comment that the climate might play a part in this. Iowa City Public Art Advisory Committee Minutes June 29, 2000 Page 2 Hudson said it was her experience in Cambridge, MA. was that bronze inlays were done on exterior sidewalks. They have not stayed. Nagle said that if there was an anchor there should not be a problem. The committee agreed that they did not want the colored concrete. They also agreed that the artist should use a cast bronze phrase that would retain the flow of the words. Within the context of the $120K contract there would be a mixture of the plaques and cast bronze cast in individual letters. Franklin commented the biggest delay in the project currently is getting the permission to use the quotes. The publishing companies are very slow in responding. PRESENTATION BY BRADD BROWN, OPN ARCHITECTS Brown gave an overview of the concept for the Near Southside Transportation Center. It will have a 450-600 parking facility with a bus traffic component, bicycle parking, commercial office space, daycare and a bank. INTERVIEWS OF ARTISTS FOR THE TRANSPORTATION CENTER Tom Al~rile Aprile began by giving a presentation of some of his work. His work focuses on breaking nature down in different elements and reinventing them; particularly, he utilized a chain concept. He worked with varied furniture elements. He also presented work from the library in Marion. For the Transportation Center project Aprile stated that he would like to make it a fun place for folks to enjoy. Franklin inquired if Aprile had worked with the architect in the Marion Library project. He indicated that he did not work with him in the formation of the building, but rather in the art component of the building. Purington asked if he would consider working with lighting as an element. Aprile said he would enjoy it and especially enjoys neon lighting. Franklin inquired about the opportunity to work with other artists. Aprile said that he had worked on theatrical pieces with other people. He said that he would like to work with artists who have similar or different interests. He would be comfortable working either way in the transportation project. Nagle asked if Aprile had done anything with architectural materials like tile or glass. He stated he had used architectural elements such as tiling. He had not done the manipulation of wall pieces such as tile or carpet in his work. He said in order to keep the cost down he would like to use as much of the building materials as possible. David Dunlap Dunlap said that he liked to tie various functions together with the environment that he is working in. Purington inquired about Dunlap's ideas for the transportation project. He indicated that he would take the queue from the building and its function. He said that he keeps daily notebooks where he records images. His projects tend to be particular and specific to a space. Dunlap confirmed that he had not worked with architects on projects. Franklin inquired about Dunlap working with a team of artists versus working alone. Dunlap said that a lot of his work deals with collaboration and it is a mode that he almost always uses. Purington inquired about materials that the committee was considering using. Dunlap had represented wall reliefs, mosaics, lighting and trompe I'oeil in his work. Fosse inquired about the durability of art in public spaces as compared to work in gallery pieces. Dunlap said that much of his work is designed to withstand the public use. Mosaic and canvas are two materials that he uses that are very durable. Sharon Burns-Knutson Franklin noted that Burns-Knutson did not respond to the invitation. Vermillion noted that she felt Burns-Knutson's work would be appropriate; however, she said she would like to work as part of a team. Iowa City Public A~ Adviso~ Commi~ee Minutes June 29,2000 Page 3 Isabel Barbuzza Barbuzza was out of town, but had submitted a written proposal. Franklin noted that she was out of town until August and may only be in town one week in August. She would be available in September. It would be difficult for the collaboration given the timeframe of this project should Barbuzza be selected. Vermillion noted that Jane Gilmore indicated that she did not have time to do the project and that it was not her area of expertise. Franklin commented that none of the artists seemed to have done work that was integral to architecture. Brown stated that he felt this was a rare opportunity. Vermillion stated that given the presentations she would be hesitant to have Barbuzza work with the architects. She felt her work would be innovative and she would be sensitive to the community's needs. Purington commented that given the time constraints Barbuzza would not be an option. Fosse said he felt that the pool of artists is all very abstract and this type of work is not something that he was comfortable with for public art. The broad appeal would not be in their work. Vermillion said that this is why she had suggested more than one artist for the project. Purington said that she felt both Dunlap and Aprile could work in the different dimensions. She said that given the budget she viewed this project as more of a consulting collaboration. Little material can be purchased for this amount of money. This would be an opportunity for surface design. She said she felt Aprile could do some fanciful pieces in the Transportation Center. She went on to say that she liked the idea of bringing some fun to the center and that he had a healthy sense of fun and comradery. She felt that his recommendations were sincere. Fosse liked the idea of bringing a concept to the various floors, but his work is so abstract that it may not be meaningful to the public. Nagle concurred, saying that he did not see anything significant with the three artists for the project. He did say that he started to get a little excited with Dunlap since he had some ideas of utilizing tile. Nagle asked if the entire artist collaboration could be scrapped and another avenue pursued. Franklin explained that the entire application, including the art element, has to be submitted to the Federal Transportation Authority (FTA) by October 1, 2000. This means there is a time constraint. Hudson said that there needs to be some type of experiential factor behind someone who takes on this project, and she did not see this in the artists presented at this meeting. She would not feel comfortable tying an architectural firm into this project with an inexperienced artist. Vermillion said that she had not done some of the work that she was involved in, in the public art realm prior to doing such a project. She said that she knew how to translate the work that she was doing into a large concept. Franklin said given past experiences she feels very uncomfortable engaging someone who has not had experience in the mediums being discussed. If there is not a person available who has had the experience of dealing with multiple aspects of the project, she saw this as a problem. Purington said that she felt these artists are very experienced and educated. Hudson said that experience in the implementation of the design is what is missing. Purington countered that they could not go through their education and teach others without having exposure to the various art elements. Iowa City Public A~ Adviso~ Commi~ee Minutes June 29, 2000 Page 4 Vermillion noted that when she had done large murals they could not be put on canvas. She talked to interior designers and they suggested utilizing wall coverings. She consulted with professionals and experimented to determine the best way to produce the work. She said that these artists have done welding and construction using varied materials. Purington noted the mobile at the Eastern Iowa Airport. This artist did the concept that fit best with the consultant concepts. He hired consultants to do the work for the engineering portion of the project while experimenting with the materials. This is what artists are trained to do. Visual images are brought to fabricators to make the product. Hudson said that she did not see the experience necessary for this project. Vermillion said that there were larger issues. Aprile and Dunlap's work is sophisticated; however, she questioned whether only one artist's work should be in the Transportation Center. Fosse said that Brown's challenge is to create a building with broad appeal while being durable. As far as the artists presented, he did not see anyone who he felt comfortable having as the integral part of the design of the building. He felt some of their work could be used in the building and that it could be swapped at some point. Purington asked Brown how he felt. He indicated that he is intrigued by the idea of collaboration. He said he could work with any of the artists. Nagle asked if the locations could be determined that could be sent in to the FTA. This would give the committee more time to research other artists. Franklin commented that the October review is for the FTA to agree with the concept to move forward with detailed design. They would need to have enough information about the art component to make that decision. She said that if the group could decide what they desired, this could be done for the October deadline. Nagle said when he designs there are areas that do jump out at you. Perhaps Brown's firm could do this. Brown said that he could identify the areas for art components. Brown offered to meet with committee members to determine areas for art. The committee agreed that they could quite quickly come up with options for the art and describe the area for FTA. In response to a comment from Purington, Brown said that he would be more intrigued with working with the committee to make the decisions. It was agreed that the committee would meet to come up with general ideas for the submittal to FTA. The committee would then go back out to look for appropriate artists to do the various elements. Purington noted that she felt that pursuing this avenue would be a tragic missed opportunity from both ends. It would be missed by both the art and architectural community. Fosse agreed with this. Nagle and Hudson disagreed. MOTION: Purington moved that Tom Aprile be selected as the artist for the project. Trueblood seconded the motion. The motion failed on a 2-4 vote with Nagle, Vermillion, Fosse and Hudson voting against the motion. Purington stated that she has known Aprile's work for twenty years and had a lot of confidence in his experience in understanding materials and forms. She had confidence in his ability to work with the architect. Purington also noted that when an invitation and a parameter are designed in the future, the guidelines have to be laid out in advance. Hudson said the she felt the opportunity was laid out, but the players could not meet the criteria in this case. Vermillion said that she felt there is follow-through in the public art projects. Everyone has diplomatically expressed his or her opinions. The artists presented in this case may not be able to meet the large-scale requirements of this project. She said the committee did not see enough artists' work for options. Iowa City Public Art Advisory Committee Minutes June 29, 2000 Page 5 Trueblood said he supported the motion, but was not thrilled with any of the artists seen. He felt comfortable with Aprile and his enthusiasm and versatility. He was very disappointed with the lack of choices. He wanted to get on with the project and was concerned that by not presenting the FTA with detail the project could be completed without the artist's input. Franklin noted that if the plan changed, the invitational call would have to take place for other artists, with definite parameters as defined by the committee. Vermillion said that she did not feel confident that either of these artists would be successful in creating a public space. She said she has known their work for twenty-plus years. MOTION: Fosse made the motion for Brown to make suggestions for public art opportunities within the building with the committee reviewing the suggestions. Artists would then be selected to design art for the areas. Nagle seconded the motion, with it passing on a 6-0 vote. The committee agreed to meet on July 11th at 1PM to review Brown's suggestions. ADJOURNMENT The meeting adjourned at 4:10 PM. Minutes submitted by Le Ann Dunne-Tyson. ppddiflmin/ad6-29-00.doc PRELIMINA.. IOWA CITY PUBLIC ART ADVISORY COMMITTEE Subject to ,. proval TUESDAY, JULY 11, 2000, 1 PM CIVIC CENTER--CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Rick Fosse, Gary Nagle, Nancy Purington, Emily Vermillion MEMBERS ABSENT: Sandra Hudson, Terry Trueblood STAFF PRESENT: Karin Franklin OTHERS PRESENT: Bradd Brown, OPN Architects; Jeff Hendrickson, Desman & Associates; Press representing Iowa City Press Citizen, Iowa City Gazette, Daily lowan CALL TO ORDER Purington called the meeting to order at 1:10 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA None DISCUSSION OF THE NEAR SOUTHSIDE TRANSPORTATION CENTER Purington submitted Hudson's email regarding the use of functions as a way to approach the Transportation Center project for the Committee's consideration. Bradd Brown of OPN Architects, presented the Near Southside Transportation Center project to date, including the contents of the Transportation Center, elevations of the north and east facades of the center, and the public art options. The public art options included the daycare screen wall; streetscape elements such as sculptures and benches; tiles on the office arcade on Burlington Street; signage on Dubuque and Court Streets; canopies on Burlington and Dubuque Street; glass work in the stair tower; lighting displays; and auto-type sculptures within the parking garage. Vermillion questioned the window sizing used on the Transportation Center and suggested that trees and shrubs along Burlington Street would be a desired addition. It was pointed out that Burlington Street was a state highway and that the Iowa DOT required maintenance of a clear zone along Burlington Street, such that trees could not be placed in the clear zone. Fosse indicated he felt the daycare screen wall and benches would be appropriate public art options for this project. Vermillion agreed, stating that the program needed some fun items. Vermillion also stated that she was not inclined to include lighting as a public art option. Purington responded that she hoped lighting would not be precluded as an element of other artwork within the project. Nagle suggested that another option which was not mentioned by Brown is the decoration of interior walls, such as with paintings or murals. Vermillion agreed. Brown stated that he had been focusing on exterior elements and that the interior elements could certainly be part of this effort. Nagle, in referring to the list of options provided by Brown, indicated that he felt the daycare screen wall, the streetscape elements, and the tiles in the office arcade were the best candidates for public art. He did not believe signage would work and felt that the cost of artist designed canopies and glass elements in the stair towers would be too expensive. Iowa City Public Ar~ Advisory Committee Minutes July 11, 2000 Page 2 A suggestion was made to include classic car "wrecks" within the parking garage. Purington stated that she was concerned about focusing more sculpture downtown, particularly as it related to the rotating gallery suggested for the streetscape elements. She preferred the screen wall and benches as the appropriate public art elements. Vermillion suggested a bench at the bus station would be useful. She also noted that the stair towers could be an attractive public art option. Jeff Hendrickson suggested the possibility of formed panels within the towers designed by an artist. Fosse noted that the bicycle parking and the canopy over the bicycle parking might provide another opportunity. The cost of various elements was discussed, noting the need to stay within the approximate $50,000 budget for public art in this project. A preliminary proposal which included the daycare screen wall at $20,000; tiles along the office arcade at $5,000 - 10,000; the bus station signage, canopy and/or facade at $20,000 - 25,000; and an artist to design level identification at $5,000 was made. Nagle suggested that there might be too much art included in this project with the various elements being discussed. Discussion followed; the tiles along the office arcade were deleted from the proposal, but the architects were directed to construct the arcade pillars in such a way that tiles could be inserted in the future if desired. With the Committee's concurrence, Brown agreed to include the daycare screen wall; the bus station signage, canopy and/or facade; and an artist designed parking level identification system in the proposal that would be forwarded to the Federal Transit Administration. DISCUSSION OF THE MINUTES OF JUNE 1, 2000 Fosse moved and Nagle seconded that the minutes be approved as submitted. The motion carried 5 - 0. DISCUSSION OF THE IOWA AVENUE STREETSCAPE Franklin reported that she had had conversations with the Literary Walk artist regarding the connective element within the Literary Walk. She reported that the bronze lettering would be very expensive, costing between $30 - 40 per letter, and that with the additional labor required to install the bronze letters would result in a cost exceeding the $120,000 budget of the project. She indicated that she was pursuing with the concrete contractor a guarantee on the concrete such that the stamped letters as originally proposed could be pursued. Purington expressed her desire for the bronze lettering. Franklin again indicated the cost factor, which would require approval of a higher budget by the Committee and the City Council. Purington indicated that if the stamped letters were to be used, it was very important to keep the alignment of the letters in curving lines rather than just straight blocks of letters. Franklin indicated that she would pass this on to the artist. It was agreed that the beginning of the Literary Walk installation would be delayed until spring, given the lack of author or publisher permissions for the quotations and the need to clarify the elements of the project. ADJOURNMENT The meeting adjourned at 4:00 PM. Minutes submitted by Karin Franklin. ppddir/minlart7-11 ~30 doc JULY 6, 2000 - 7:30 P.M. ,. ~ ,,~ ~ . ~ CIVIC CENTER COUNCIL CHAMBERS · ':~*'~C[' ~O ~'rOV~ ',' MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Marilyn Schintler, Dean Shannon MEMBERS ABSENT: Jerry Hansen STAFF PRESENT: Andy Matthews, Bob Miklo OTHERS PRESENT: Glenn Siders, Larry Schnittjer, Tom Gelman RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 5-0, of REZ00-0013/SUB00-0010, an application from Southgate Development for a rezoning from Planned Development Housing Overlay (OPDH-1) to Sensitive Areas Overlay (OSA-1) and a preliminary plat of Walnut Ridge Parts 8-10, a 35.15 acre, 23-1ot residential subdivision located on Kennedy Parkway subject to the final plat including a City Forester approved tree replacement plan including 60 forest trees to be located within the tree protection buffer and/or the street medians of pads 8-10, and a conservation easement to assure the long-term protection of the woodlands and the protected slopes. Recommended, by a vote of 5-0, that the City forward a letter to the Johnson County Board of Supervisors recommending that CZ0030, a request to rezone approximately 43.17 acres located on the west side of Prairie du Chien Road at Newport Road from A1 to RS, be approved, unless the Board determines that strict adherence to the "infill" policies contained in the Land Use Plan is essential to the successful implementation of the Plan. CALL TO ORDER: Chairperson Bovbjerg called the meeting to order at 7:35 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg invited those interested to serve on a City board or commission to give input on topics that might be of interest to them. She said the City has a wide variety of boards and commissions. REZONING/DEVELOPMENT ITEM: REZ00-0013/SUB00-0010. Public discussion of an application from Southgate Development for a rezoning from Planned Development Housing Overlay (OPDH-1) to Sensitive Areas Overlay (OSA-1) and a preliminary plat of Walnut Ridge Parts 8-10, a 35.15 acre, 23-1ot residential subdivision located on Kennedy Parkway. Miklo said the City Forester visited the property, reviewed the applicant's assessment of the tree situation, and concurs with the applicant's findings that 60 replacement trees would be required, since the area of disturbance where a tree clearing occurred resulted in more than 30% of the woodland being disturbed. Miklo said the City Forester has provided a list of trees Planning and Zoning Commission Minutes July 6, 2000 Page 2 that are in the existing woodland that he recommends be replaced in the general area where the disturbance occurred. He stated that it would be approximately north of the grading limit line where no additional grading is being proposed. Miklo said the recommended trees are a variety of oaks, hackberry, wild cherry, American linden, and hickory trees. Miklo said, as provided by the Sensitive Areas Ordinance, some of the replacement trees could also occur in the public right-of-way, e.g. in the medians or the ends of the cul-de-sac bulbs. Miklo said staff also recommends approval of this include a conservation easement at the time of the final plat to ensure that the tree protection area and the protected slopes are not further disturbed. He said the other technical deficiencies have been corrected, so staff recommends approval subject to the final plat including a plan approved by the City Forester for replacing 60 forest trees, to be located within approximately the tree protection buffer and the other area disturbed and also possibly in the street medians, to be determined at the time of the final plat and subject to a conservation easement to assure long term protection of the remaining woodlands and protected slopes. Ehrhardt asked what percentage of replacement trees could be planted in the median strip. Miklo stated the City Forester would look at the space to make sure the trees are not planted too close together. He said the City Forester's thought was that, given the size of the median and the fact that when they mature, the trees will be fairly large, obviously all 60 would not be planted in the median. Schintler asked about the statement referring to three trees per lot. Miklo said 60 trees are required, so that divided by lot, the requirement would only be three per lot. He said staff is not necessarily recommending that three be replaced on each lot, but 'that over the course of the subdivision, 60 is not that many trees. Public discussion: Glenn Siders, South.qate Development, asked the Commission to consider that the percentage the developer came up with, 25%, is an arbitrary number, which appears to be the consensus of the forester of the number of trees that could be damaged and equates to 60 trees by the City's formula. He said the Commission should be aware of the fact that Southgate has planted nearly 500 trees out there that were not required by any ordinance. Siders said that was done simply to enhance the development. He asked the Commission to consider not mandating a specific number of trees or a specific type. Siders said this development was started well before the Sensitive Areas Ordinance existed. He said the developer came up with a theme throughout the development and has carried that theme up to this point. Siders said the preliminary plat expired so that a new plat had to be applied for, and now the Sensitive Areas Ordinance applies. He said the developer hates to interrupt the theme when he is almost at the end of the development. Siders said it is conceivable that he could easily get 60 more trees in the median and the right- of-way, as has been done in the past and may not have to put any in the buffer strip. He said he is more than happy to do that but has not yet designed the landscaping and some of the trees would not be of the type on the list. Siders said he would like to continue the theme of planting crabapples, spruces, and pin oaks and get credit for that. He said he will not get credit for the nearly 500 trees already planted out there, because the ordinance came after they were planted. Siders said, however, that when he asked staff if the developer could remove 60 additional trees and then replace them and still comply with the ordinance, the answer was yes. Miklo said he did not believe that was the case. He stated that the ordinance reads that the City Forester approves the trees to be replaced. Miklo said if staff informed Siders that existing trees could be removed and then replaced for compliance, then it was an erroneous statement. He Planning and Zoning Commission Minutes July 6, 2000 Page 3 said the previous subdivision is a different part and is not the same area. Siders asked the Commission to give the developer credit for the many trees already planted and allow Southgate to continue in the fashion as it has been. Regarding the conservation easement, Siders said the developer is not troubled by what was recommended in the staff report. He said Southgate is still having conversations with the City legal department, which is reviewing the possibility of a home ownership type thing. Siders said either way seems to be acceptable to staff, depending on approval by the City legal department, and at final plat stage, it will be one way or the other. Shannon asked how the number 60 was arrived at. Siders said there are 48,000 square feet of trees in the buffer area between the grading line and the 50~foot buffer line. He said the number comes from taking 25% of the square footage and using the formula for replacing trees at one tree per every 200 square feet of disturbed area. Siders said 25% of the 48,000 square feet is 12,000 square feet, and that number divided by 200 equals 60 trees. Miklo said that is correct. He showed the area where grading and tree removal were done without approval of a plan. Miklo showed the buffer area, pointing out that if the developer had followed the ordinance, this is where he would have stopped. He showed the area where additional trees were disturbed. Miklo said there are still trees there and also trees beyond that line that might have been damaged by the grading that occurred near their root systems. Miklo said the estimate is that 60 trees are needed to replace one for every 200 square feet of damaged area. Siders said the developer has not taken out more than 30%. Shannon asked Siders if he had a problem with the 60 tree requirement. Siders responded that he did not have a problem with the number, but he feels that when the developer puts in 500 trees, he should get some credit for that and be allowed to continue on with the same landscape theme. Siders said the City Forester is specifying certain types of trees. He said the crabs and spruces the developer would like to plant are not on the list of approved trees. Miklo stated that the ordinance says that replacement trees must be approved by the 'City and, to the extent possible, should be the same or equivalent species as trees being removed. Miklo said the City Forester has determined that the valuable forest trees in this area are oaks, hickory, wild cherry, and a few others on the list, and that is why the City Forester is recommending that those same species be used. Siders said of the trees the developer has planted, the only one that would comply would be the oaks. Ehrhardt asked how it happened that those trees were destroyed and asked for suggestions so that this would not happen with other developers. Siders said he took full responsibility for how this happened. He said he misunderstood the ordinance. Siders said he thought he was allowed to go in and remove 30% of that and did not realize he had to get the sensitive area tree program and everything approved before that was done. Siders said he was aware of the percentages but not aware he did the process incorrectly. He said he removed the trees and then became aware of how it actually should have been. Siders said better education probably would have corrected his errors. Ehrhardt asked Siders if he had occasion to deal with the Sensitive Areas Ordinance before. Siders said he had but believed it had always related to critical slopes in Southgate's case and did not recall ever doing anything with trees before. Miklo said Walden Hills included woodlands. Siders agreed that was correct but said he was not part of that development. Ehrhardt said one of the reasons for the City Forester suggesting certain trees is that there is no equating a crabapple to the longevity of an oak tree. She said the developer may have plans for crabapples but what has been destroyed is a woodland, with oak and long-lasting trees. Planning and Zoning Commission Minutes July 6, 2000 Page 4 Ehrhardt asked if the developer already plants in the median strip. Siders responded that he plants both along the outside of the curb and also in the split boulevard. Ehrhardt said in effect then, the developer is getting credit, because the ordinance will allow him to plant some of these trees in the median strip, which he would be doing anyway. She said it is just dictating which trees will be put in those median strips. Siders said he did not agree he was getting credit for that. He said this is asking for 60 trees of a different type than what they are doing. Siders said he is allowed to put trees in the right-of-way, so he did not see where that would be a credit. Ehrhardt stated that the expense of putting in an oak will not be much greater than putting in a crabapple, and it is just the design that will be different. Siders agreed but said he has made other concessions such as smaller cul-de-sacs and moving the grading line in order to accommodate the trees. Bovbjerg said the number of trees then seems to not be as problematic as the type of trees. She asked Siders if the developer planned to put those kinds of trees on the median or cul-de- sacs even without the request for the 60 trees. Siders said most likely. He said he did not know if he could get all 60 there. He said he would plant it at the same ratio as was used up to this phase. Siders said he believed the developer planted 71 or 72 trees as part of the landscaping scheme along the right-of-ways and in the median, but not including the cul-de-sacs, in Parts 6 and 7. He said this area is not that large, so he did not think you could get quite that number. Siders said if the tree ordinance did not exist, the developer would continue to do what has been done in the past. Bovbjerg said she had two concerns. She said one concern is putting some of these bigger trees up in the disturbed area as a way of holding the slopes. She said she did not know whether that is one of the aims. Bovbjerg said she is also concerned about making sure there are some there and not just crowding them all down below. She said if the idea is to reforest what was taken down, either for aesthetics or for holding the ground, then there is a difference between what the City Forester is saying and what Siders is proposing. Siders said he would try to get as many in the outlot and right-of-way areas as he possibly could. He said he did not want to put them on individual lots, because he was concerned about an enforcement problem. Siders said he would put the trees on the outlot areas, so they would not be concentrated toward individual lot owners. Siders said he believed most of the slopes were not in the buffer area. Miklo replied that the more severe slopes are not. He said he was not sure that controlling erosion was necessarily the concern, but re-establishing forest trees is the big issue here. Miklo said the City Forester felt the area where trees were removed was the best area to put the replacement trees, because they would not interfere with home sites and would be on the edge of the existing forest. He said because that was a forested area, the indications are that is a good location for those types of trees since they did well before. Siders said the ordinance encourages putting the trees in outlots and common areas, and Miklo confirmed this. Bovbjerg said of the list of trees Siders has put in and the list the City Forester has suggested, the oaks are the only ones common to both lists. Siders said he believed that was the case. He said he puts in a number of spruces, some crabapples for color, some pin oaks, and some ash trees. Schintler asked if Siders could work this out with the City Forester. Siders said unless the Commission says something else is acceptable, the City Forester is going to say here is the list and to follow the list. He said he has a tree person who plants them and spaces them appropriately, so that he does not see any difficulties with technical problems. Siders said the City Forester is obligated by an ordinance, so unless he is told something different, there will not be a lot of flexibility. Miklo said the Commission itself and the City is somewhat bound by the ordinance that says the trees should be of an equivalent species to the trees removed. Planning and Zoning Commission Minutes July 6, 2000 Page 5 Bovbjerg said possible wording for the motion could refer to a City Forester approved tree replacement plan. She said she did not know how much flexibility the City Forester would then have. Miklo responded that the City Forester would refer to the ordinance, which also refers to a list of forest trees. Miklo said that list is a little broader than the one presented. He stated the proposal for this property contains trees suggested by the City Forester, based on the site conditions that he saw on the property. Miklo said the list of forest trees is broader but does not include ornamental trees such as those referred to. Bovbjerg asked if the City Forester had any conclusion or impression of a percentage or number that could or should go in the median versus how much should go up in the woods. Miklo said the City Forester's feeling was the best place for them was near the woodland, that the median was certainly suitable for some, and the end of the cul-de-sacs might also be another possible location. He said the City Forester did not give specific percentages. Siders said if the developer were to be consistent with what has already been done, the entire median would have trees, there would be a cluster of trees in the triangular common area, clusters of trees in all the cul-de-sacs, and possibly clusters of trees in corners of lots for visibility or screening. He said sometimes he puts trees on individual lots, and there is another common area where they would probably put some trees because it is kind of sparse. Siders said that is what they would do, regardless of any ordinance. Ehrhardt said there are two things being discussed here. She said one is the design plan for the landscaping and the other is the trees that were destroyed during the grading. Ehrhardt said the issue here is the trees that need to be replaced. Bovbjerg said that is absolutely correct, but she is trying to honor the developer's request to consider otherwise. Bovbjerg said, however, that the tree replacement is the City Forester's concern as well as what is addressed by the ordinance. Larry Schnittjer, 1917 South Gilbert, said, referring to the City Forester's list, that wild cherry, hickory, walnut, and some of the other species cannot be found in a nursery. Ehrhardt said they can be ordered, and she has done so and used them in a park she has worked on. Schnittjer said hickory trees can be ordered from Cascade Forestry and Nursery, but they come fairly small. Miklo said that is why it is important not to cut them down in the first place. Schnittjer said a lot of these species are not well suited for an urban environment, because people don't like to pick up the nuts and take care of the extra mess that comes with them. He agreed that the list contains forest trees, and it is forest trees that were removed, but as long as they are being replaced, they should be replaced with trees that people will take care of. Tom Gelman, 714 McLean, said he is the attorney for Southgate. Regarding the grading, Gelman said it is clear there was an inappropriate sequence in the grading, but in reality, the grading could be done and approved anyway and the trees removed so that this really becomes a mitigation issue. Gelman said the issue is how the removal of certain trees will be mitigated in a permitted grading situation. He said you're not limited to grading the area, but if you do grade the area and exceed 30%, then there is a mitigation obligation. Gelman said in this situation, there is a subdivision that has been in existence for some time under a consistent development plan that was originally approved by the City and is being built according to that plan very consistently with little variation. He said it was good for the City and reasonable for the developer to do it that way. Gelman said what has happened here is there is an intervening Sensitive Areas Ordinance that has come in with new standards now that have been imposed upon the developer. He said that is okay except for the fact that if that ordinance had been in existence at the inception of this plan, then all the trees that have been planted up Planning and Zoning Commission Minutes July 6, 2000 Page 6 to this point would or could most likely have complied with the ordinance and would certainly have been credited to the developer and would have mitigated the tree loss and the very final phase of the project. Gelman said but for the fact of the timing of the adoption of the ordinance, now all of a sudden what is being said is there will be no credit for that mitigation for all those trees previously planted. He said if the timing had been somewhat different, the result would have been very different. Gelman said this could be unfortunate for the developer in this instance, but maybe there could be some additional flexibility from the City's standpoint, given the fact that the City wants to encourage that type of development and tree planting in subdivisions. He said he believes the City has been very satisfied with the type of tree planting and landscaping that has been done in this subdivision. Gelman said it is a reasonableness issue that the Commission is now confronted with in this scenario. He said all Southgate is asking for here is some flexibility, rather than rigidity. Gelman said he believed that, from looking at the ordinance, this mitigation is intended to be very flexible and to provide some flexibility to resolve situations as they may arise. He said in this instance he feels there may be too much rigidity in terms of the response from City staff in terms of the possibilities to mitigate this circumstance and in terms of the possibility of giving some credit to the subdivider for the good that has already been done out there in terms of the landscaping. Public discussion closed. MOTION: Chait moved to approve REZ00-0013/SUB00-0010, an application from Southgate Development for a rezoning from Planned Development Housing Overlay (OPDH-1) to Sensitive Areas Overlay (OSA-1) and a preliminary plat of Walnut Ridge Parts 8-10, a 35.15 acre, 23-1ot residential subdivision located on Kennedy Parkway subject to the final plat including a City Forester approved tree replacement plan including 60 forest trees to be located within the tree protection buffer and/or the street medians of parts 8-10, and a conservation easement to assure the long-term protection of the woodlands and the protected slopes. Shannon seconded the motion. Siders asked that instead of limiting this to just the median and buffer strips, this be opened up to other common areas such as the triangular outlot. Ehrhardt said she is glad the developer has planted so many trees. She said every tree planted is of value, and there is no loss with any kind of tree that is planted. Ehrhardt said it is good the developer admits he violated the City ordinance in his grading. She said the ordinance clearly spells out the consequences of violation, and she feels strongly that woodland trees should be used as replacements. Ehrhardt said she does not think there should be credit for the trees already planted. She said she would vote for the motion as presented. Shannon said he is encouraged to see all the trees the developer has planted. He said he would like to see the developer get credit for that if there were a way to do it, but apparently the ordinance says the developer has to put back what was there. Shannon said he would like to see some way for the developer to get credit for the trees already planted, because it makes such a nice neighborhood. He said he would be voting in favor of the motion. Schintler said she would also vote for the motion. She said she appreciated all the trees the developer has planted on this site. Schintler said if there is any way to work something out with the types of trees she would be in favor of it but was not sure if that would be possible. Planning and Zoning Commission Minutes July 6, 2000 Page 7 Bovbjerg said she also appreciates the way this has been done so far. She said, however, that Parts 8-10 should stand by themselves, even though the whole development as an entirety is well served by what has gone on before. Bovbjerg said she would like to think that the developer and the City could work on this replacement plan. She said it seems that replacing the forest in the forest, to the extent possible, is a very good idea, giving some kind of credit of the 60 trees onto medians, corners, and cul-de-sacs. Bovbjerg ~aid there could be and may be some flexibility within the wording of this motion, and she would be voting for it. The motion carried on a vote of 5-0. Miklo said the City Council would set a public hearing on July 18 for its first meeting in August for this item. REZ00-0005/SUB00-0016. Public discussion of an application submitted by Walden Wood Associates II, LLP, for a revised Sensitive Areas Development Plan and a preliminary plat of a resubdivision of Lot 52, Walden Hills, a 4.89 acre, 19-1ot residential subdivision located on the west side of Shannon Drive, south of Willow Creek. Miklo said this is before the Commission as a rezoning, because it was included in the larger sensitive areas overlay, and the initial plan had transferred some density from an area that was later open space to the western portion of the site. He said that is changing with this particular plan, because the density is actually decreasing quite a bit. Miklo said the previous plan that was approved on the site called for 32 townhouses in four-unit buildings on a private ring road with a pedestrian courtyard in the middle. He said the revised plan would replace that with a cul-de-sac with 19 individual single-family lots on the cul-de-sac. Miklo said the plan, as submitted, is for the most part in technical compliance with the ordinance;' however, there are some minor details that have not been worked out with the engineering staff. He said those need to be corrected, so staff is recommending deferral. He stated that a waiver of the 45-day limitation period would be needed to defer. Miklo said there are a couple of issues that are built into the plan to address the design of it. He said four lots are double-fronting lots, with frontage on the new proposed cul-de-sac, Andrea Court, as well as on Shannon Drive. Miklo said staff therefore recommends that a vegetative buffer be included in that area. He said the previous conditional zoning agreement required an evergreen buffer along the interstate highway, and that would continue with this, as would the other stipulations of the conditional zoning agreement. Miklo said staff recommends approval, subject to correction of the technical deficiencies on the plat. He said this should therefore be deferred, and he anticipated that corrections would be made before the next meeting. Bovbjerg said there have sometimes been subdivisions with double-fronting lots for which the Commission has advised a solid wall fence, e.g., along Mormon Trek. Miklo replied that the City did not advise that fence; it was put up by homeowners. He said one of the reasons the City has been suggesting, recommending, and requiring vegetative buffers is to ensure there is not that blank wall effect along city streets. Bovbjerg said sometimes it has been suggested that a wall not go up, but it is not precluded. Miklo confirmed this but said it is thought that if the trees are planted at the time the street is built, then they will be somewhat established, making it less likely that a wall will be erected by the future homeowners. Planning and Zoning Commission Minutes July 6, 2000 Page 8 Public discussion: Glenn Siders, said he had not seen the staff report but would correct any engineering deficiencies. He said he would provide a waiver of the 45-day limitation period. Ehrhardt asked why the design of this subdivision was changed. Siders responded that the previous proposal of townhouses was so architecturally intense that it was not cost beneficial. He said the developer decided to keep building the single-family homes, because they have been selling well. Bovbjerg asked if these would be similar in design to the cottage-type houses on Lot 52. Siders said the design would be similar to the majority of what is out there now and would not be like the little cottage houses. Public discussion closed. MOTION: Schintler moved to defer REZ00-000,~ilSUB00-0016, an application submitted by Walden Wood Associates II, LLP, for a revised Sensitive Areas Development Plan and a preliminary plat of a resubdivision of Lot 52, Walden Hills, a 4.89 acre, 19-1ot residential subdivision located on the west side of Shannon Drive, south of Willow Creek, to the August 3, 2000 meeting of the Planning and Zoning Commission. The motion carried on a vote of 5-0. REZONING ITEM: CZ0030. Public discussion of an application submitted to Johnson County to rezone approximately 43.17 acres located within Fringe Area A on the west side of Prairie du Chien Road at Newport Road from A1, Rural, to RS, Suburban Residential. Miklo said this proper~y is north on Prairie du Chien Road on the west side and is in Iowa City's Fringe Area A. He said Fringe Area A calls for review of rezonings and, on a case by case basis, consideration of approving them to RS-3, which is one lot per three acres. Miklo said if clustering is proposed, the Fringe Area Agreement contemplates the consideration of RS-1, which is one lot per acre. Miklo showed the area under consideration for rezoning on an overhead map. He said the area to the west was previously zoned for RS back in the early 1960s, and the area to the north was rezoned a few years ago. Miklo said there was a requirement to put in a street to allow secondary access for the area under consideration as well as the area to the west. He said by development of this, there will be a good circulation system for both subdivisions. Miklo said the area to the west was zoned and could be built as such. He said the area is proposed for a cluster development, which is in compliance with the Fringe Area Agreement. Miklo said the corn suitability rating on this land is fairly low, so the County's Land Use Plan and Fringe Area Agreement indicate it is appropriate for consideration for rezoning. He said Prairie du Chien Road has been built and brought up to standard for the traffic that would be generated. Miklo said the County Engineer has some concerns about the intersection design and possibly a deceleration lane, which the County will review when it reviews the plat of this in the future. Miklo said because this is in compliance with the Fringe Area Agreement and the Johnson County Land Use Plan, for the most part, staff recommends approval. Planning and Zoning Commission Minutes July 6, 2000 Page 9 Miklo noted that the County has one concern about the Land Use Plan in that it encourages infill development and discourage rezonings when there are large areas that have already been zoned but are yet to be developed. He said that is the case in this area; there are already several hundred acres that are already zoned RS that aren't developed. Miklo said staff feels there may be some justification for the rezoning in this case because rezoning this will actually encourage infill development of some of the area to the west that otherwise would not develop any time soon. He said staff recommends approval. Ehrhardt asked about the density of the area to the west. Miklo said it would be less than one unit per acre. Bovbjerg said the County's concern is that the area to the west should be developed first or this would be considered opposed to infill. Miklo said the County's Land Use Plan says that infill should be developed first, which would lead one to conclude that the existing areas zoned RS should develop first. He said there are also other RS areas zoned in this general vicinity of Prairie du Chien; however it is very unlikely the area to the west would develop without some access to Prairie du Chien Road. Bovbjerg asked about the looped street in the area to the west. She said it appears that it could not be built until getting into the western pad, unless a road were brought down separately. Bovbjerg asked if that part were just an idea, and Miklo stated that this is just a concept plan. Public discussion: Larry Schnittier said he would address any of the Commission's questions. He said the area of the existing zone to the west is approximately 60 acres. Schnittjer said from the previous conditions on Westcott Heights, it's understood that the development needs a street system that connects to Westcott Heights and back out to Prairie du Chien before much development at all on this property can be proceeded with. Schnittjer said he did not think the looped street can just be developed and tied back into Westcott Heights and get either City or County approval. He said this proposed subdivision has lots of less than an acre on the west portion and will have a central sewage system and a central water system, so that there will not be the individual septic systems to worry about. Bovbjerg asked if the existing Westcott Heights also had central water and sewer, and Schnittjer said there is just central water. He said this particular development works well for a central sewage system. He said it allows the developer to maximize the density and still meet the 50% open space requirement. Bovbjerg asked if this area is beyond the City's gravity flow service area. Miklo said he believed so. He said the City can sewer approximately 750 acres north of Interstate 80, and this property is probably just beyond that. Public discussion closed. MOTION: Shannon moved to recommend that the City forward a letter to the Johnson County Board of Supervisors recommending that CZ0030, a request to rezone approximately 43.17 acres located on the west side of Prairie du Chien Road at Newport Road from A1 to RS, be approved, unless the Board determines that strict adherence to the "infill" policies contained in the Land Use Plan is essential to the successful Planning and Zoning Commission Minutes July 6, 2000 Page 10 implementation of the Plan. Ehrhardt seconded the motion. The motion carried on a vote of 5-0. DEVELOPMENT ITEM: SUB96-0006. Public discussion of an application from Thomas Wegman for a preliminary plat of Prairie View Estates, Pad 4, a 30.86-acre, 22-1ot residential subdivision located north of Interstate 80, east of Prairie du Chien Road. (45-day limitation period expires July 6). Miklo said staff received a letter waiving the 45-day limitation period and requesting indefinite deferral. Public discussion: There was none. Public discussion closed. MOTION: Schintler moved to defer SUB96-0006, an application from Thomas Wegman for a preliminary plat of Prairie View Estates, Part 4, a 30.86-acre, 22-1ot residential subdivision located north of Interstate 80, east of Prairie du Chien Road, indefinitely. Ehrhardt seconded the motion. The motion carried on a vote of 5-0. CONSIDERATION OF THE JUNE 15, 2000 PLANNING AND ZONING COMMISSION MEETING MINUTES: MOTION: Ehrhardt moved to approve the minutes of the June 15, 2000 Planning and Zoning Commission meeting minutes, subject to corrections of typographical errors to be submitted by Bovbjerg. Shannon seconded the motion. The motion carried on a vote of 5-0. OTHER: Miklo referred to an article from the Indianapolis newspaper discussing a project very similar to the Peninsula 'project. Schintler asked if the developer would be building all the homes in the Peninsula. Miklo said the developer would depend on local builders for that but would be constructing the infrastructure. The Commission discussed the possibility of canceling one of the upcoming summer meetings if there would happen to be a light agenda. ADJOURNMENT: The meeting was adjourned at 8:37 p.m. Dean Shannon, Secretary Minutes submitted by Anne Schulte ppdadmYmin/p&z7Yo-OO doc