HomeMy WebLinkAbout2006-02-13 Bd Comm minutes
MINUTES
PLANNING AND ZONING COMMISSION
JANUARY 5, 2006
EMMA J. HARVAT HALL
c:L
APPROVED
MEMBERS PRESENT: Ann Freerks, Terry Smith, Bob Brooks, Don Anciaux, Wally Plahutnick, Dean
Shannon
MEMBERS ABSENT: Beth Koppes
STAFF PRESENT: Bob Miklo, Mitch Behr
OTHERS PRESENT: Swen Larson
RECOMMENDATIONS TO CITY COUNCIL:
Recommended approval by a vote of 6-0, (Koppes absent) REZ05-00024, a rezoning from Low Density
Single-Family Residential (RS-5) zone to Community Commercial (CC-2) zone for 1.02 acres of property
located at 3405 Rochester Avenue subject to Conditional Zoning Agreement as specified in the Staff
Report dated 1/5/2006.
Recommended approval by a vote of 6-0, (Koppes absent) SUB05-00027, a final plat of JJR Davis
Fourth Addition, a 6.68-acre, 4-lot commercial subdivision subject to Staff approval of legal papers and
construction drawings prior to consideration by Council.
CALL TO ORDER:
Brooks called the meeting to order at 7:30 pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
REZONING ITEM:
REZ05-00024, discussion of an application submitted by Three Bulls, L.L.C. for a rezoning from Low
Density Single-Family Residential (RS-5) zone to Community Commercial (CC-2) zone for 1.02-acres of
property located at 3405 Rochester Avenue.
Miklo said this property had been in the City for a number of years. It was formerly the sight of a
residence and a non-conforming salvage yard. The applicants had recently purchased this property and
also owned Olde Towne Village, an adjacent commercial zone, and an OPDH/RS-8 zone to the south for
residential development. The applicants were seeking to rezone the property from RS-5 zone to CC-2
zone to be consistent with the rest of Olde Town Village and the Comprehensive Plan. The current RS-5
zoning would no longer be appropriate as the entire area was designated as commercial in the
Comprehensive Plan. The CC-2 retail zone allows retail uses, personal services, offices and some drive-
through businesses such as restaurants and gas stations by special exception. In 2001, the surrounding
area had been annexed and zoned CC-2 with a Conditional Zoning Agreement to assure that the area
would develop consistently with the Comprehensive Plan which had identified this area as Neighborhood
Commercial. At that time, the applicant had chosen to seek CC-2 zoning but had agreed to a CZA which
contained several elements designed to implement the Comprehensive Plan and make the area more
similar in appearance to a neighborhood rather than community commercial zone. Staff recommended
that similar conditions be applied to the new area so it would be developed in a manner consistent with
the surrounding shopping center.
The CZA includes a restriction to only two entrances to the arterial streets; one on Eastbury Drive which
intersected with Rochester Avenue and one on Middlebury Drive which intersected with Scott Boulevard.
A private internal street system would provide access to the individual lots. To avoid individual curb cuts
onto Rochester Avenue and Scott Boulevard, ensure consistency and the safety of traffic on Rochester
Avenue, Staff recommended a similar condition regarding access restrictions for the new property which
would have access to Westbury Drive. Staff also recommended conditions regarding improvements to the
infrastructure to be consistent with Olde Towne Village.
Planning and Zoning Commission Minutes
January 5, 2006
Page 2
Miklo said that the lagoon located within the OPDH-B zone had been removed and would be replaced by
a storm water retention facility and manufactured wetland to meet the requirements of the Corps of
Engineers and Sensitive Areas guidelines.
Mikio said Staff recommended approval of REZ05-00024 subject to a Conditional Zoning Agreement as
specified in the Staff Report to assure that this new parcel would be consistent with the Comprehensive
Plan for the Olde Towne Village shopping center.
Plahutnick asked if there was property set aside for park use or funds in lieu of. Miklo said it would apply
only to the residential area south of Middlebury Drive. Open space fees or parkland did not appiy to
commercial development(s).
Public discussion was opened.
Swen Larson. Three Bulls, L.L.C. said this rezoning made the most sense and needed to be in
conjunction with the rest of the CC-2. At this point in time the developers didn't know what would be the
best building iayout for that particular lot but as they identified a tenant or potential buyer, they'd move
forward to ensure that it was in conjunction with the rest of the development. They agreed with the
conditions that were consistent with the Olde Towne Village rezoning.
Plahutnick thanked Three Bulls, L.L.C. for taking on the project of cleaning up the former salvage yard.
Public discussion was closed.
Miklo said Staff had received a concept plan earlier in the day. The CZA would make it clear that any final
sight plans would need to conform to the concept plan for the overall Olde Town Village. Some flexibility
was needed as the applicant currently didn't know what the exact uses would be. As long as the project
adhered to the concepts in the Comprehensive Pian such as building up to the streets, putting parking
lots behind buildings and the other general concepts, Staff believed CC-2 zoning on this property would
work with the iarger shopping center.
Motion: Anciaux made a motion to approve REZ05-00024, a rezoning of 1.02-acres from Low Density
Single-Family Residential (RS-5) zone to Community Commercial (CC-2) zone for 1.02 acres of property
located at 3405 Rochester Avenue subject to a Conditional Zoning Agreement as specified in the Staff
Report dated 1/5/2006. Freerks seconded the motion.
Freerks said she felt it would be a nice addition and hoped it would move forward quickly.
The motion passed on a vote of 6-0 (Koppes absent).
DEVELOPMENT ITEM:
SUB05-00027, discussion of an application submitted by James Davis for a final plat of JJR Davis Fourth
Addition, a 4-lot, 6.6B-acre commercial subdivision located east of Mormon Trek Boulevard.
Miklo said the entire area had been annexed into the City in 2003; portions were zoned CH-1, Highway
Commercial and portions were zoned CI-1, Intensive Commercial. The purpose of extending Mormon
Trek Bouievard in addition to providing an east to west southern arterial to improve traffic circulation had
been to encourage economic deveiopment. The CI-1, Intensive Commercial zone, allowed for those types
of businesses that were land consumptive and were quasi-industrial. It would not necessarily be ideal to
have them right next to the highway, but those businesses would need some access to the highway. A
preliminary plat was approved in November, 2004, which included 4 additional lots to the west of those
currently being subdivided. The former Dane Road ran along the east-side of this property. When the
property to the east developed, the plan called for Dane Road to be built. One of the conditions of this
subdivision was that the owner/developer would contribute to the costs of improving Dane Road when the
adjacent area developed. Legal papers would address those costs and sanitary sewer tap-on fees.
When the preliminary plat had been approved, some of the storm-water management had been off site
and had required easements across the Airport property. That had since been re-worked so stormwater
management was now on the Dane property, there were no longer pipes going across Airport property.
Planning and Zoning Commission Minutes
January S, 2006
Page 3
Miklo said Staff recommended approval of SUBOS-00027, subject to Staff approval of legal papers and
construction drawings prior to City Council consideration.
Anciaux asked if funds were being escrowed for the improvement of Dane Road. Miklo said the legal
papers would specify that funds would be paid for improvement of Dane Road in the future. Behr said the
funds would be required to be paid before a building permit was issued.
Public discussion was opened. There was none. Public discussion was closed.
MOTION: Smith made a motion to approve SUBOS-00027, a final plat of JJR Davis Fourth Addition, a
6.6S-acre, 4-lot commercial subdivision subject to Staff approval of legal papers and construction
drawings prior to consideration by Council. Anciaux seconded.
The motion passed on a vote of 6-0 (Koppes absent).
CONSIDERATION OF 12/15/05 MEETING MINUTES:
Motion: Anciaux made a motion to approve the minutes as typed and corrected. Freerks seconded.
The motion passed on a vote of 6-0, (Koppes absent).
OTHER ITEMS:
Members of the Commission were given a copy of the book, "City Comforts" which Staff felt had a lot of
good information regarding how important the small details were. The book provided a lot of information
on how to make cities, neighborhoods and parks better. Brooks asked if members of the City Council
could also receive copies. Miklo said that was possible.
Miklo said items on the Commission's work program were:
1. Update of the Subdivision regulations
2. District Planning Process including the Central District and Southeast District
3. Revisit the CB-2 zone
4. Sign regulation(s)
5. Regulation of Landmark trees
Some Council members had expressed a preference that the Commission reorder their district plan
priority and review the Southeast District next as there was the need to address infrastructure and
development activity in that area.
Freerks said she recallec that the Central Planning District had been delayed in the past and was
concerned about further delays. Brooks said he would like to put the work program on the next informal
meeting for further discussion. Miklo said there would not be an informal meeting before the January 19
meeting due to the Martin Luther King holiday. He suggested that this could be discussed at the end of
the January 19 meeting.
ADJOURNMENT:
Motion: Anciaux made a motion to adjourn the meeting. Smith seconded the motion.
The motion carried on a vote of 6-0, (Koppes absent).
The meeting was adjourned at 7:55 p.m.
Elizabeth Koppes, Secretary
Minutes submitted by Candy Barnhill
s:/pcdfminulesIP&Z12006!01-05-06. doc
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! 2006
FORMAL MEETING
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Name Exnires 1/5
I D. Anciaux 05/06 X
I B. Brooks 05/10 X
I A.Frterks 05/08 X
E. Koopts 05/07 OlE
; W Plabutnik 05/10 X
I D.ShanDon 05/08 X
I T.Smith 05/06 X
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INFORMAL MEETING
Term
Name Exnires
D. Anciaux 05/06
I B. Brooks 05/10
A. Freerks 05/08
E. Koppes 05/07
I W Plahutnik 05/10
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I D.Shannon 05/08
T.Smitb 05/06
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t Key:
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I X = Present
, 0 = Absent
DIE = Absent/Excused
NIM= No Meeting
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FINAL MINUTES
IOWA CITY HUMAN RIGHTS COMMISSION
EMMA HARV AT HALL
410 E. W ASIDNGTON STREET
TUESDAY, NOVEMBER 22,2005
c:r:
MEMBERS PRESENT:
Jim McCue, Sara Baird, Bev Witwer, Scott King,
David Shorr, Lisa Beckmann.
MEMBERS ABSENT:
Paul Retish, Billie Townsend, GeoffWilming.
STAFF MEMBERS:
Stefanie Bowers
I. CALL TO ORDER: Meeting called to order at 7:04 p.m.
2. APPROVAL OF MINUTES: Motion to approve minutes of October 25, 2005 by Witwer and seconded by
McCue. Motion passed unanimously.
3. RECOMMENDATIONS TO COUNCIL: No.
4. NEW BUSINESS:
a. December meeting. Beckmann asked other Commissioners whether the December 27,2005 meeting
date should be moved to an earlier date in December or cancelled. Witwer stated she would not be able to
attend the meeting. Shorr also stated he would be unable to attend. Baird, Beckmann, King and McCue
were not sure whether they could attend the scheduled meeting. Beckmarm asked whether the Commission
had any scheduled upcoming events. Bowers stated the next upcoming community event that would need
planning would be Cultural Diversity Day on February 19, 2006. Motion to cancel December meeting by
McCue and seconded by Shorr. Motion passed unanimously.
b. New Commissioners Appointed to Human Rights Commission beginning January 2006---Martha
Lubaroff and Sehee Foss. Bowers announced the appointment of two new Commissioners, Martha Lubaroff
and Sehee Foss, effectiye January 2006 and mentioned there was still one Commission spot open with
applications being due December 7, 2005. Bowers mentioned that Lubaroffhad recently retired from the
Iowa City Public Library (ICPL) and Foss is a second year law student who would serve on the Commission
until graduation in May 2007. Witwer added Lubaroffwas one ofthe founders of Hospice and Foss went to
law school to pursue a career in Human Rights. Beckmann wants to ask City Council why they limit
applications for Commissioners to Iowa City proper as opposed to Iowa City addresses.
5. OLD BUSINESS:
a. Seminar-Preparing the Campus & Community for Public Engagement on Issues of Race, Privilege and
Cultural Competence in the Post Hurricane Katrina World-Stefanie Bowers. McCue felt to some extent he
would be happier if we were a minor sponsor rather than a major. To McCue it seemed as if the center of
gravity is someone else and not with the Commission. McCue also thought the title needed to be reframed.
McCue also mentioned he was not overwhelmed with the number of men involved in the event. McCue
would also like to see the Neighborhood Centers involved in the event. Witwer felt the title was
uncomfortable and too long. Beckmarm offered the suggestion of a contribution between $500 to $250.
Motion to donate $250 to the Seminar by Beckmann and seconded by McCue. Motion passed
unanimously.
b. Spotlight on Community Relations/Diversity-Bowers. Bowers mentioned that since the last meeting
and thinking about McCue's comments concerning the lack of participation in local community events that
1
it may be a good idea to incorporate some type of outreach at Cultural Diversity Day (CDD) which is
scheduled for February 19,2006. King suggested the Commission do a session, lecture or presentation as
part of the educational programming at CDD. Beckmann thought it would be a good idea to have a dialogue
about what's good about Iowa City and what needs improvement in Iowa City. King also said having a
session at CDD would cut down on time commitments and resources which are wasted if people don't show
up for an event. Beckmann thought doing a program at CDD would be a nice fit for the Commission. King
and Bowers will look into putting on a program. This item will be on the January Agenda.
c. Calendar-Retish. Beckmann started the discussion mentioning a talk she had with Retish concerning the
City and School District scheduling events on Yom Kippur. McCue mentioned that within the community
there are various sub communities and that it would be nice, to the extent possible, that when scheduling
events there should be an internal communication with both the City and the School District. McCue also
thought it would be worth going over the calendar with representatives from the various sub communities to
make it as short a list as possible. Witwer thinks that the schools should think about this when they are
planning homecoming and various other school events. Witwer also was surprised that there weren't more
complaints concerning the schools having events on religious holidays. Beckmann suggested the
Commission get a list from an religions/faiths/cultures as to what days could people not participate in
activities due to religious holidays. Additionany, Beckmann suggested that this information be passed on
through email, letter or a calendar. Shorr felt that this information should be passed or forwarded to an in
the community. McCue felt by doing this it would let residents know that the Commission is concerned
with this issue and also put people on notice at the same time. Shorr thought the next step was incorporating
the calendar into Outlook Express. Witwer suggested getting in touch with a local Buddhist Organization.
Beckmann mentioned that this can be a long term project of the Commission and she would prefer this to be
done wen versus done quickly. Witwer added that she is impressed with the accommodation of Muslim
students by the Iowa City School District and it shows progress. Bowers and Retish will work on this
project together. This item will be on the February Agenda.
d. Youth Human Rights Awards Program-Bowers. Beckmann voiced concern over the date of the event
and felt the last Thursday in April (25th) would anow more time to go through the nominations and get the
letters out and the responses back from the families. Beckmann also inquired as to location. Bowers
reported she has left messages both at the Englert and with Kim Colvin (Iowa City Community School
District) and had not received any return cans. Bowers also mentioned that as a safety net the Social Han at
the Iowa City Recreational Center has been reserved just in case nothing pans out. Beckmann felt the Little
Theater at Northwest Junior High would be a great location. Bowers mentioned at the last meeting there
was some discussion about modifying the Awards. Beckmann stated the first year there were 38 awards
given, the second year around 80 and if the number of Awards given keeps increasing then the Program will
be modified to anow an students nominated to receive an award. Shorr mentioned that last year, there were
some students who reany did a lot and others who were not doing so much. Beckmann reminded
Commissioners that the goal of the Awards was to honor an students in an effort to encourage kids to do
good work and not turn the Awards into a competition. Further, Beckmann questioned how you judge good
acts/activities of students among one another. Beckmann and Witwer both thought sending the applications
in late January would be best. Beckmann added that perhaps attaching a cover letter to the nomination form
that was more specific would help raise the bar as to what would qualify. McCue mentioned his concern
over students at Mark Twain not being nominated for their volunteer work at a local shelter serving free
lunches. McCue felt even though this was part of a class assigument those students should have been
recognized. Witwer mentioned that last year Beckmann had suggested that there be two different
application forms one for an individual and one for a group. Beckmann and Bowers will work on
organizing the Awards. This item win be on the January Agenda.
e. Kevnote Speaker for the 23rd Annual Human Rights Awards Breakfast. Witwer thought the suggestion by
Retish at the October meeting to have themes to each year's Breakfast is a great idea---like last years theme
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was music. In addition, Witwer thought the couple who own Thai Flavors would be a great choice for
keynote speakers. This item will be placed on the February Agenda.
f. Review and Approve Draft Human Rights Commission Annual Report FY2005. Motion to approve the
Annual Report FY 2005 by Baird and seconded by King. Motion passed unanimously.
g. Movie Series Update-Baird and King. Baird informed Commissioners that the Lost Boys of Sudan is
scheduled to be shown on March 7,2006 at the ICPL. Baird wants to have a panel discussion after the
showing of the film. She is hoping to also include immigration issues in a broad sense at this forum. Baird
also mentioned that she would like to show I'm Still Here: The Truth about Schizophrenia (a documentary)
because she feels mental illness is and should be a big concern to any community. Beckmann said she
would try to see if anyone she knows has a copy of the documentary. Witwer thought involving NAMI and
other mental health organizations would be a good idea. Beckman thought it would be a good idea to show
the documentary during National Mental Health Month. Baird also thinks that it would be great to show
Crimes of Hate a video in three segments that deals with anti-semitism, racism and homophobia. Baird also
wants to do a panel on Hate Crimes. Witwer mentioned that Jane Balvanz runs a bullying program at
Wickham Elementary and she would like Balvanz and participates of the program to come to the January
meeting and talk in detail about the program. Bowers will meet with Balvanz December 6th to try to arrange
a January discussion with Commissioners.
h. Tenant Landlord Program Update-Beckmann and Shorr. Because Shorr's term expires January I, 2006
he stated he would forward the contact information for the program to Beckmann. Shorr stated in the past
the panel has consisted of Jan Rutledge from Legal Aid, Eric Fisher from Student Legal Services and Cheryl
Nelson from the Iowa City Area Association of Realtors. Baird suggested the program be moved from the
ICPL to a more neighborhood type setting like Mercer Park Recreation Center. Shorr mentioned that the
Commission already has a program slated for February and a different month may be better. Beckmann
added that it had been suggested to her that it may be better to hold the program every other year instead of
yearly with the hopes of getting a fresh group of landlords/tenants. Bowers mentioned she knew of a lot of
other groups/organizations that were planning similar programs for 2006. Witwer stated it would be a good
idea for Commissioners to go to some of these other programs to see what the quality of these presentations
are and see if they are attracting tenants something the Commission has failed to attract. Bowers said she
would forward the information on when she received dates on other programs. Bowers also mentioned she
receives a lot of calls concerning Section 8 housing and it may be a good idea to have staff from the
Housing Authority discuss this topic in future programs. Beckmann added that in her experience as a
Landlord it would be good to include a program about Section 8 because of all the confusion concerning the
vouchers. McCue added that it would be a good idea to have Latoya Lewis come and talk to the
Commission next year. This item will be placed on the January Agenda.
i. Handouts for International Non-Native Speakers-King. King reported that he sent an email to Marian
Coleman asking what information the schools already have for Non-Native Speakers. King feels the school
district has good information and the Commission could simply be a source to distribute the handouts to a
wider range ofIowa City residents. King expressed his desire to have Marian Coleman as part of the project
from the very beginning. King also has other organizations on board and is waiting for the New Year to
plan meetings with these groups.
6. READ CASES: No.
7. REPORTS OF COMMISSIONERS:
Shorr reported on a series of meetings he and a small group have had with Johnson Connty Sheriff Pulkrabek in
hopes of bringing new programs/activities into the jail.
King reported the University ofIowa will be opening a Gay and Lesbian Center this Spring similar to the existing
Multicultural Houses on campus and he thinks this will be a good resource not only for students but also the
3
community. McCue suggested that the monthly Case Status Report be revamped and done in a clearer manner.
McCue questioned whether the Case Status Report was a complete list. Bowers explained the Case Status Report is
a current up to date list that includes all open complaints. Beckmann added that perhaps listing cases under the
category i.e., housing, employment etc., would be more helpful to Commissioners. Bowers said she would make
those changes in the Reports for December and January. Beckmann reported the overwhelming positive responses
she received from the public for an editorial she wrote concerning the actions of the Cedar Rapids Civil Rights
Commission. Beckmann also mentioned how she has been on crutches for six weeks and the world is not handicap
accessible. Adding she has a short term disability and mentioned how hard it would be ifit was a permanent
disability. Beckmann added that the wheelchairs provided at the Coral Ridge Mall are very small in depth and
could not accommodate a lot of people. Beckmann also mentioned her frustrations with aisle space available in
most department stores at the Mall.
8. STATUS OF CASES: Bowers reported on a litigation update in a case Commissioners had received prior to the
meeting.
9. ADJOURNMENT: Motion to adjourn by McCue and seconded by Witwer. Motion passed unanimously.
6-0. The meeting adjourned at 8:36 p.m.
4
Board or Commission: Human Rights
ATTENDANCE RECORD
YEAR 2005
TERM
NAME EXP. 1/25 2/22 3/22 4/26 5/24 6/21 7/26 8/17 8/23 9/27 10/25 11/22 12/27
Lisa Beckmann 111/07 X X X VA DIE NMNQ X X X X DIE X NMNQ
Paul Retish 1/1/07 X X X VA DIE NMNQ X 0 X DIE X DIE NMNQ
GeoffWilming 1/1/07 X X DIE VA X NMNQ DIE X X DIE X DIE NMNQ
Sara Baird 1/1/08 X DIE X VA X NMNQ X X X X X X NMNQ
David Shorr 1/1/06 X X DIE VA X NMNQ X DIE DIE X DIE X NMNQ
James McCue 1/1/06 X X X VA X NMNQ DIE X X X X X NMNQ
Billie Townsend 1/1/06 X X X VA X NMNQ DIE X 0 X X DIE NMNQ
Bev Witwer 1/1/08 X X X VA DIE NMNQ DIE X X X X X NMNQ
Scott King 1/1/08 X X X VA X NMNQ X X X X X X NMNQ
(Meeting Date)
KEY:
x = Preseut
o = Absent
OlE = Absent/Excused
NM = No meeting
--- = Not a Member
NMNQ - No meetiug, uo quorum
5
MINUTES
IOWA CITY TELECOMMUNICATIONS COMMISSION
MONDAY, NOVEMBER 28, 2005 - 5:30 P.M.
CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY
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FINAL
MEMBERS PRESENT:
Gary Hagen, Michael Christians, Saul Mekies, James Ehrmann, Bebe
Ballantyne
MEMBERS ABSENT:
STAFF PRESENT:
Drew Shaffer, Mike Brau, Sue Dulek
OTHERS PRESENT:
Josh Goding, Beth Fisher, Susan Rogusky, Kevin Hoyland, Jon Koebrick
RECOMMENDATIONS TO CITY COUNCIL
None at this time.
SUMMARY OF DISCUSSION
Hagen moved and Christians seconded a motion to recommend to the City Council that they extend the
contract with P ATV until a new contract can be finalized. The motion passed unanimously. Goding
reported that PATV's "Open Channel" program will be this Wednesday at 8 p.m. On Dec 7 PATV
will host a screening of the documentary film "The High Costs of Low Prices" at 7 p.m. at the PATV
studio. PATV will be closed between December 22 and January 2. Rogusky reported that the head of
the Intermedia Department at the University of Iowa arranged to set up a satellite facility for the
department at SCTV and provided about $7,400 worth of computer equipment for SCTV to use.
Ballantyne said that University students can assist and train SCTV volunteers and get college credit.
Hardy reported that the Community Television Service (CTS) recently taped the "Night of 1000
Dinners" which is a dinner hosted by the United Nations Association to raise awareness of the danger
land mines present in many countries. The CTS section of the City Channel web site has been updated
to allow organizations to make requests for production services over the web. Koebrick said that the
addition ofKFXB to the basic tier was due to the channel qualifying as a federally mandated must
carry channel. In Iowa City the large number of access channels consume more basic tier channel
capacity than other communities that Mediacom owns. Mediacom allocates channels 2-22 to the basic
tier across all their systems. As more broadcasters qualify for must-carry they must displace other
programmers. While it is possible to increase the size of the basic tier, it would necessitate installing a
high quality trap on every household at a cost of $1 0-20. There is also a need for uniformity of service
across systems for the ease of customer service. Mediacom's call centers serve multiple communities.
APPROVAL OF MINUTES
Ehrmann moved and Ballantyne seconded a motion to approve the October 31, 2005 minutes. The
minutes were unanimously approved.
ANNOUNCEMENTS OF COMMISSIONERS
Hagen said that the public power referendum vote has consequences for municipal cable television and
asked about the City's schedule for soliciting potential overbuilders. Shaffer said there is not a set
schedule but that they are sent out every few years. Hagan said that cities with municipal cable
systems generally also have a municipal electrical utility. Mekies said that citizens are probably more
impassioned about cable service than electric service and the failure of the municipal power
referendum has little relationship to how citizens feel about cable service.
SHORT PUBLIC ANNOUNCEMENTS
None.
CONSUMER ISSUES
Shaffer reported that the level of complaints is staying down. There were four complaints during the
last month, all of which have been resolved.
UNIVERSITY OF IOWA REPORT
No representative was present.
PATV REPORT
Goding reported that PATV's "Open Channel" program will be this Wednesday at 8 p.m. On Dec 7
PATV will host a screening of the documentary film "The High Costs of Low Prices" at 7 p.m. at the
PATV studio. PATV will be closed between December 22 and January 2. Post cards have been sent
to 62 nonprofit organizations offering assistance in creating public service announcements. An
additional mailing is planned. P A TV recently hosted the Tiger Cubs Cub Scouts.
SENIOR CENTER REPORT
Rogusky distributed the Senior Center TV (SCTV) schedule. The head of the Intermedia Department
at the University of Iowa arranged to set up a satellite facility for the department at SCTV and
provided about $7,400 worth of computer equipment for SCTV to use. Ballantyne said that University
students can assist and train SCTV volunteers and get college credit.
IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT
Hoyland reported that he continues to pass information to school officials. The audio upgrade is
complete. There are now microphones for everyone at the dais in the Board Room. Hoyland said he
was unsure if the School Board members have received copies of the letters sent to the district from the
Commission. Hagen said the sound quality has improved.
LEGAL REPORT
Dulek said she had nothing to report.
LIBRARY REPORT
Fisher reported that the library has one camera that is being repaired, which is making production work
much more difficult. The library will be closed December 9 for staff in-service.
KIRKWOOD REPORT
No representative was present. Mekies asked ifthere was any obligation for Kirkwood to attend the
Commission meetings. Dulak said there was not.
MEDIA UNIT
Hardy reported that the amount of prod ucti to ins is typical for this time of year. Several interns have
been working at the City Channel producing public service announcements. The new Info Vision
system has been working well. The Community Television Service (CTS) recently taped the "Night of
1000 Dinners" which is a dinner hosted by the United Nations Association to raise awareness the
dangers land mines present in many countries. The CTS section of the City Channel web site has been
updated to allow organizations to make requests for production services over the web.
PATV CONTRACT
A meeting with Goding, Helling, Shaffer, and Mekies is planned to discuss the contract. Dulak noted
the contract expires December 31, 2005. Shaffer said the contract could be extended while work on
the new contract is being done.
MEDIACOM REPORT
Koebrick reported that the City will be receiving a notice that the International Channel and ANZ will
be dropped from the digital tier.
BASIC TIER CHANNEL ALLOCATION
Koebrick said that the addition ofKFXB to the basic tier was due to the channel qualifying as a
federally mandated must carry channel. As such, Mediacom had no choice but to add the channel.
Koebrick explained that, generally speaking, channels that can be received using an over-the-air
antenna must be placed in the basic tier. Broadcasters must choose between retransmission consent in
which cable operators pay them a negotiated fee to carry the channel or must-carry status in which the
cable company must carry the channel and no fee is paid. Major broadcasters such as NBC and ABC
realize that their programming is valuable to the cable company and typically seek retransmission
consent. Less popular programmers such as KFXB typically choose must carry. In Iowa City the
large number of access channels consume more basic tier channel capacity than in other communities.
Mediacom allocates channels 2-22 to the basic tier across all their systems. As more broadcasters
qualify for must-carry they must displace other programmers. Placement of the shopping channels on
the basic tier is tied up in a network of contracts with programmers who desire to have their programs
on a lower numbered channel. While it is possible to increase the size of the basic tier, it would
necessitate installing a high quality trap on every household at a cost of $1 0-20. There is also a need
for uniformity of service across systems for the ease of customer service. Meidaom's call centers that
serve multiple communities. Basic tier channel allocation pressure is not common in other
communities. Mediacom's programming contracts often have a "most favored nation" clause that
requires similar placement of ad-supported networks. Thus, if Mediacom were to place the Weather
Channel in the basic tier, it could necessitate moving many other networks there as well creating a fat
basic tier, which essentially eliminates a low-cost basic tier. When KFXB qualified for must-carry,
Mediacom had only a couple channels that could be moved out ofthe basic tier and chose CSPAN II.
The only way a cable operator can decline a must-carry order is ifthe quality of the signal received at
the head-end is not adequate. In KFXB's case, they paid for a fiber link directly to Mediacom's head-
end. In part, must-carry regulations were intended to promote diversity in broadcasting by enabling
smaller, more specialized broadcasters without access to a large amount of capital to utilize low power
television. Hagen asked why some small towns have multiple affiliates of the major broadcasters such
as ABC. Koebrick said that typically only one network affiliate is carried because ofthe federal
syndicated non-duplication rules. Local affiliates buy the programs from the networks for a
Designated Market Area (DMA), which is basically the media market in a geographic area as set by
the FCC. Broadcast network affiliates don't want to be competing with each other for the same
viewers so the affiliate in the DMA has the exclusive right to network programming. A cable operator
carrying a network affiliate outside the DMA could only cablecast programming not duplicated by the
other affiliate, such as the local news. Some communities are close enough to the broadcasters in an
adjacent DMA that the broadcasters can be picked up by an over-the-air antenna. If this is so and it
can be shown that that channel is considered "significantly watched" by the FCC, then broadcast
network duplication can occur. Koebrick said that a disadvantage of having an interconnected network
is that if a weak broadcaster within the DMA can get an adequate signal to the master head-end, then
that broadcaster must be carried in all towns served by that head-end within the DMA. That is the case
with KFXB. If each community had its own head-end, as in the past, those broadcasters would not
qualify for must-carryon most systems in the DMA. Mekies suggested that the Commission consider
what it might do to have more influence over the selection and placement of channels on the cable
system.
ACCESS CHANNEL OUESTIONAIRE
Mekies suggested some minor stylistic changes to the questionnaire to better elicit answers, Mekies
suggested that an additional question be added asking who is responsible and contact information for
the day-to-day operation of the channel and who is responsible for the general operation of the
channel.
NEXT MEETING
The Commission agreed not to meet in December, as the meeting day would be December 26.
PATV CONTRACT EXTENSION
Hagen moved and Christians seconded a motion to recommend to the City Council that they extend the
contract with P A TV until a new contract can be finalized. The motion passed unanimously.
ADJOURNMENT
Ehrmann moved and Hagen seconded a motion to adjourn. The motion passed unanimously.
Adjournment was at 6:40 p.m.
Respectfully submitted,
Drew Shaffer
Cable TV Administrator
TELECOMMUNICATIONS COMMISSION
12 MONTH ATTENDANCE RECORD
01/01/03 to CURRENT
Meeting Date Kimberly Saul Meikes Brett Castillo Terry Smith Jim Pusaek
Thrower
6/2/03 X X x X X
7/28/03 X X X X X
8/25/03 X X X X ole
9/22/03 X X X X ole
10/27/03 X X X x ole
11/24/03 x x ole x x
12/15/03 ole ole x x x
112/04 x ole x x x
1/26/04 x x x x x
2/23/04 x ole x ole x
3/22/04 x x x x x
41 26/04 x x x x OIC
5/24/04 x x OIC x x
6/28/04 x x x ole x
7/26/04 ole x x x x
8/26/04 did not meet did not meet did not meet did not meet did not meet
9/27/04 X X X X X
1 0/25/04 X X
11/04 Did not meet Did not meet Did not meet Did not meet Did not meet
X X X X X
12/20/04
1124105 X X X X X
2/28/05 X X X X
Gary Hallen
3/8105 X X X X X
3/25/05 X 0 X X X
4/25/05 x ole X X X
5/23/05 X 0 x yaeaney X
James X x Bebe x
Ehrmann Balantyne
6/27/05 X x X X X
x Michael
Chritians
7/25/05 0 X X X X
9/26/05 0 X X 0 X
10/31/05 X X ole X X
11/28/05 X X X X X
1/23/066 ole X X 0 x
(X) = Present
(0) = Absent
(O/C) = AbsenUCalled (Excused)
MINUTES
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
LOBBY CONFERENCE ROOM, CITY HALL, IOWA CITY
THURSDAY, NOVEMBER 17, 2005
~
FINAUAPPROVED
Members Present: Jerry Anthony, Lori Bears, William Greazel, Matthew Hayek, Kelly Mellecker,
Thomas Niblock, Brian Richman, Michael Shaw
Members Absent: none
Staff Present: Tracy Hightshoe, Steve Long
Public Present: Crissy Canganelli, Charlie Eastham, Sandy Pickup
CALL MEETING TO ORDER
Chairperson Anthony called the meeting to order at 6:37 PM.
APPROVAL OF THE MINUTES FROM MAY 19, 2005
Motion: Beans moved to approve the minutes as submitted. Hayek seconded the motion.
Anthony said that there was a discussion regarding aid to agencies that was not included in the minutes.
Hightshoe said that they will revise the minutes to include that discussion.
Motion passed 8:0.
PUBLIC COMMENTS OF ITEMS NOT ON THE AGENDA
Long said that Rita Marcus resigned from the Commission. Advertisement for the vacant position would begin
December 14th and a new person should replace Marcus hopefully by the end of January 2006.
Anthony said that the original mandate of the Housing and Community Development Commission was to advise
the City Council in matters regarding housing. He added that it is a broad mandate and for the past few years
the commission has not been active either in reviewing policies or recommending those that affect housing
issues. He encouraged the commission to use its mandate. Anthony noted that the commission might want to
discuss inclusionary zoning and maybe submit a pro or against memo to the City Council. Richman said that it
would be a good idea to circulate an outline regarding the ideas to be discussed regarding inclusionary zoning
and when it would be on the agenda, as to allow members to formulate thoughts. Greazel noted that one of the
City Council candidates mentioned in their campaign how much support there is in the community for low
income housing, however, he said the support is not transferred to actions.
Shaw said that the commission should first understand how it should make recommendations, and how best to
involve the community. Hayek said there are different opinions in the community and the commission would
have to listen to all sides.
Bears said that she would like to discuss the Pheasant Ridge apartments issue and the letter that was sent to
HUD. She asked if the Planning Department had received a copy of the letter that was sent by the University of
Iowa. Long noted the letter was sent directly to HUD, not the City. Anthony had a copy of the letter submitted
and offered to read it to the commission: "We are deeply concerned that any University of Iowa student not in
need of public housing assistance may be displacing or could displace a family that is in need of affordable
housing under the current eligibility guidelines. While we also recognize every individual's legal rights to local,
state, and federal resources, including housing, and certainly want to make sure that University of Iowa students
who are legitimately in need of and eligible for low income housing receive it. We believe the actions we
recommend above could help eiiminate violations of the spirit of Section 8 housing by students of the University
of Iowa and in higher education generally." Anthony said they are asking for a nation-wide change of eligibility
guidelines, and have a couple of specifications, which was a very proactive initiative of the University.
PROPOSED ALLOCATION OF ADDITIONAL CDBG PUBLIC SERVICE FUNDS
Hightshoe said the commission at last month's meeting agreed to allocate the $14,000 of unanticipated
additional program income to existing FY06 public service projects. The commission decided to send a letter to
applicants that received public service funding for FY06 to advise them of the funds. The applicants, she said,
were required to submit a written request for funds and an updated budget. Each applicant was encouraged to
have a representative at the meeting.
Housing and Community Development Commission Minutes
November 17, 2005
Page 2
Greazel said that he would be in favor of approving the staff recommendations. Shaw asked what was the
rationale for the staffs recommended allocations. Long said that the sums were calculated based on proportions
of funding received in the 2006 allocation process. Hightshoe said that of the 5 projects that received funding, 4
requested additional funds. She noted that Shelter House had 2 projects that received funding but they only
submitted a request for the Outreach Coordinator position.
Canganelli said that at the last meeting she requested additional funds from the commission to assure that
Shelter House meets the required cash match obligation for the STAR program. She added that they do not
exist in a vacuum, and they rely on other service providers to be there when their clients are in need.
Shaw said that they might consider funding based on priorities or greater need. He said that it might serve a
greater purpose or need by giving more money to Shelter House and Free Medical Clinic.
MOTION: Hayek moved to distribute the additional funds according to the staff recommendations with
one exception, The funds allocated to the Emergency Assistance Program (Shelter House) will be
allocated to the Shelter House Outreach Coordinator project at the agency request. Greazel seconded
the motion.
The motion passed 8:0.
NEW BUSINESS
DISCUSS AND REVIEW FY07 CDBG/HOME FUNDING PROCESS AND TIMELlNE AND APPROVE
APPLICATION MATERIALS
Hightshoe said that the timeline for FY07 funding is included in the commission's packet. She added that the
February 15 meeting was added in case there is a high number of applications. Long said that February and
March meetings will be held at the Iowa City Public Library.
Shaw asked if there is a general estimate on how long the meetings will be. Long said that February 16th, March
9th and 23" tend to be long.
Hightshoe said that there are a few changes made in the Applicant Guide. She noted that at the last council
meeting Habitat for Humanity requested for the council to review the financial investment policy and the council
decided to review it.
Greazel said that the subcommittee formed to look at the application materials. One of their goals was to try to
simplify the forms and only require the information necessary to make a funding decision. He added that one
suggestion was for the commission to have a goal setting session to determine some priorities and focus
dwindling resources to meet those priorities. He noted that a lot of projects tend to be funded just enough to
survive, but not enough to help actually move the project. Greazel said that based on the priorities set they
would let applicants know the year's primary focus. He also recommended a quick, initial review and reject
applications when the commission knows the project will not get funding, thus not make the agency go through
the entire process. The quick review and setting priorities would be considered for next year's funding as timing
does not allow for it this year (FY07 process).
Richman said that the abbreviated application forms would lessen the burden of agencies that are applying
depending on the type of project. He noted that the housing application was not changed much, however
applications for public services and facilities were drastically reduced to contain just pertinent information.
Hightshoe said that there are 4 categories that people can apply for CDBG/HOME funding; public services,
public facilities, housing, and economic development. She noted that the economic development applications
are reviewed by the City Council Economic Development Subcommittee. If the subcommittee refers an
economic development application back to HCDC for review, the commission would review the same application
as submitted to the Economic Development Subcommittee. She noted there is a difference in the application
format, but was agreed that the applicant should not have to complete two separate applications for the same
project.
Housing and Community Development Commission Minutes
November 17, 2005
Page 3
Shaw noted that for the current year the commission would only change the application format. Bears said that
the new applications are very helpful. She asked what the role of the balded questions are in the ranking sheet
Hightshoe said the questions in bold are core questions with a yes or no answer. If the answer is no, the
applicant receives no score for that section. The subcommittee looked at ways to make the ranking sheets
easier and less subjective. In the new format, the reviewer asks yes or no to each question. If the reviewer
feels the project meets the review requirement, they get a certain amount of points (not a range of points). If the
reviewer doesn't feel that item is met, the project doesn't get any points for that question. If the answer for any
core, bolded question is no, the reviewer must consider if the application should get any funding. She said that
several questions were removed from the public services and facilities applications, while they remain and are
necessary for the housing applications. The total score for the ranking sheet for public services and public
facilities was reduced to 60. Housing remains at 100 points. Hightshoe stated that as they are no longer an
"apple to apple" comparison, staff felt that a different point total was acceptable.
Richman said that it would be easier if the scores would add up to 100. Hayek, Greazel and Anthony considered
60 as being appropriate.
Hightshoe said that the applicant guide is sent along with the application form. She said that on the first page of
the guide there is a checklist for applicants to check whether they have all needed materials. She added that
Hayek had requested direction from Council regarding the location of housing that the commission assists. She
said that for FY07 the Council created a map that identifies areas in which additional assisted housing would be
encouraged or conversely, locating in some areas would not be encouraged.
Long said that the Council did not make any decisions regarding the adoption of the Scattered Site Policy. He
added that the Council changed the considerations on the map to show that in block group 105, 18-1, 18-2 and
17-2 no more affordable housing should be allowed. Anthony asked if the Council voted on the decision.
Hightshoe said that the Council did not vote, but they reached a consensus. Anthony asked if it would be
possible to use the map as part of the ranking system, and give additional points to applicants that propose
housing in underserved areas of the map. The commission reached a consensus to add 5 extra points for those
applicants that would build in the underserved areas as decided by the Council.
Greazel said that lots in underserved areas would cost too much money. Hayek said that the issue will go down
to whether applicants will want to buy two lots in an over-served area, or one lot in an underserved area of the
city. Greazel said that Habitat for Humanity purchased a lot on Rochester Avenue for approximately $60,000 as
they could not purchase land where it is significantly lower in price. Building only in "underserved areas" will
reduce the number of units available with entitlement funds (rental and owner-occupied).
Anthony asked what projects would be affected if the Council clarifies the issue. Hightshoe said that it would
only affect the housing projects. Long clarified the decision of the commission; if the applicant proposes assisted
housing in an underserved area, it will receive 5 points and 0 if the proposed site is not in an underserved area.
Anthony noted a concern about the applicant guide. On the page titled CDBG and HOME Program Investment
Policies, especially the policy for housing, the Council recommended and approved this policy. As HCDC did
not consider or make any recommendation, the HCDC motion to approve the application materials should be
the rest of the application materials within HCDC review.
Long said that there is a change from last year. He noted that the interest rate is determined at the time the
agreement is executed by the City (prime minus two points for for-profit projects). Anthony said that in
applications it should be specified that the same rules regarding interest rates apply to all applications, and are
set up by the City Council.
Hightshoe said that since last year there was an issue regarding submission of proformas. The application
checklist states that a proforma MUST be submitted. If one is not submitted, the commission may consider not
reviewing the application.
MOTION: Greazel moved to approve the application materials (under HCDC review) .with the proposed
revisions as noted above. Shaw seconded the motion,
Motion passed 8:0.
Housing and Community Development Commission Minutes
November 17, 2005
Page 4
OLD BUSINESS
MONITORING REPORTS
Extend the Dream Foundation-Property Acquisition
Hayek said that the projects refer to the acquisition of a building on F Street, near the Hy-Vee on First Avenue.
The building has three low-income apartments on the second floor with three store fronts on the first floor. The
store fronts house local businesses. There is a jewelry and clothing business, a furniture business, and last one
is an e-commerce business. They are all open. Unfortunately they suffered a burglary a few weeks ago Hayek
reported.
Bears said that she saw the outside of the building and was amazed by the improvements. Hightshoe said that
she was also impressed by the progress of the building.
Shelter House - Emergency Assistance
Anthony said that Shelter House was funded with CDBG money for the John E. Thomas security deposit
assistance program. The program helps individuals and families secure rental housing with an average of less
than $100 assistance per household. To qualify for the security deposit, families must have a rental agreement,
for utilities, a shut-off notice, and for emergency rent assistance an eviction notice. He noted that the Shelter
requires individuals to participate in a one-hour meeting with a housing councilor and discuss the tenant-
landlord relationship, responsibilities of tenants, and how to be a good neighbor. After the meeting individuals
are required to take a quiz to prove their understanding of the matter. He noted that since July 2005 the Shelter
helped 13 households, out of which 5 were assisted with CDSG funds. Anthony said that 3 of the 5 households
had individuals with disabilities, 2 were female headed, and they assisted a total of 4 children.
Shelter House - Land Acquisition
Anthony said that in 2003 Shelter House was funded $230,000 for land acquisition. Hightshoe said that the
Shelter used $193,000 for land. The remainder of the funds will be used for site preparation. She said that the
commission would need to discuss this project and timeline if they lose the appeal.
Anthony said that Shelter House received the money to acquire a lot to be used for the relocation of the facility.
He noted that they are trying to build a bigger facility. He said that the population of Johnson County increased,
and the number of homeless people increased as well. The current facility can house 29 homeless people, and
the proposed facility has plans to house 59 people. Shelter House needed a special exception to locate in the
tract of land bought. They applied for an exception to the Board of Adjustment on July 14, 2004. A neighborhood
group objected to the relocation, and filed a case against the Board of Adjustment which was heard by the local
district Court. The Court ruled against the Board of Adjustment. He noted that the City has appealed the district
court decision and is waiting a resolution.
Hightshoe said that if the case is lost in court the Shelter would need to sell the land and repay the funds.
Shelter House- Operational
Report rescheduled for next meeting
DVIP - Facility Rehab
Shaw said that they received funds to install 9 toilets and one camera in the kitchen. He noted that they had to
match some money, and received some donated work. He said that Chamber Electric donated the electric work.
Shaw said that the toilets have benefited the facility greatly. Since they've been replaced, they've had no
additional plumbing costs or repairs.
Shaw said that the camera was installed at the requirements of the residents to protect against loss of food, and
for supervision of kids.
Aid to Agencies-ESI, UA Y & MECCA
Report rescheduled for next meeting
UAY-Facility Rehab
Report rescheduled for next meeting
Housing and Community Development Commission Minutes
November 17, 2005
Page 5
Habitat for Humanity- Land Acquisition
Greazel said that Habitat had spent most of the funds. He said that with FY05 funds, Habitat for Humanity has
purchased four of the five lots. He added that by next year all the money would be spent.
Whispering Garden-Affordable Renting
Report rescheduled for next meeting.
Greater Iowa City Housing Fellowship-Homeownership
Report needs to be reassigned.
ADJOURNMENT
The meeting adjourned at 8:15 PM.
Minutes submitted by Bogdana Rus.
s:/pcdlminuteslhcdcl2005/11-17-05.doc
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Housing & Community Development Commission
I Attendance Record
I 2005
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Name Exoires 01120 02/17 03/10 03/17 04/21 05/19 06/30 09/15 10/20 11117 00/00 00/00
Jerry Anthony 09/01/05 X X X X X X X X X X
Erin Barnes 09/01/06 X X X X -- -- -- -- -- -- -- -- -- -- -- --
Lori Bears 09/01/07 X X X X X X X OlE X X
Mark Edwards 09/01 !O5 X OlE X 0 0 X 0 -- -- -- -- -- --
William Greazel 09/01/06 OlE X 0 X X X X X X X
Matthew Havek 09/01/07 X X X X X 0 X X X X
Rita Marcus 09/01/06 OlE X X X 0 0 OlE OlE OlE -- --
Brian Richman 09/01/07 X X X OlE X X OlE X X X
Jayne Sandler 09/01/05 OlE X X X X X OlE -- -- -- -- ----
Michael Shaw 09/01/06 -- -- -- -- -- -- -- -- -- -- X X X X X
Kelly Mellecker 09/01/08 -- -- ---- -- -- -- -- -- -- -- -- -- -- X X X
Thomas Niblock 09/01/08 -- -- -- -- -- -- -- -- ---- -- -- -- -- X X X
Key:
X = Present
0 = Absent
OlE = AbsentlExcused
NM = No Meeting
-- -- = Not a Member
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MINUTES
HISTORIC PRESERVATION COMMISSION
THURSDAY, NOVEMBER 10, 2005
EMMA J. HARVAT HALL
APPROVED
MEMBERS PRESENT:
Michael Brennan, Richard Carlson, James Enloe, Michael Gunn, Michael
Mahany, Mark McCallum, Jim Ponto, Tim Weitzel
MEMBERS ABSENT:
Justin Pardekooper, Jan Weissmiller
STAFF PRESENT:
Sunil Terdalkar
OTHERS PRESENT:
Helen Burford, Jeff Clark, Christopher Drop, Beth Rapson
CALL TO ORDER:
Chairperson Weitzel called the meeting to order at 7:00 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
ITEMS FOR CONSIDERATION:
Certificates of Appropriateness:
229 South Johnson Street. T erdalkar stated that this is an application to seek approval for a demolition of
a garage on the property, which is a contributing structure in the College Green Historic District. He said
the garage would be replaced with parking spaces.
Clark, the applicant, said that his company has owned this property for six to seven years. He said that
there is rarely a car in the garage, if ever. Clark said the property is always congested with all the cars. He
said he would like to deal with that by putting two stalls behind there.
Clark said that the garage is a fire hazard right next to the house, as it has no sheet rock inside it and is
dry rotting in some areas. He said that it appears that at one point, the column was pulled out and bowed,
and the garage sits over into the columns and also has a little bit of a lean to it.
Clark said he would like to tear down the garage. He said that it raises a maintenance issue and does not
have much functionality for this rental house.
McCallum asked if there is a shared driveway on this property with another house. Clark confirmed this.
McCallum said he looked at this property, and the front of the property looks like a parking lot. He said his
impression was that the garage was in okay shape, but he thought that a larger good might be served by
reducing the number of cars in front. McCallum asked if the concrete in the front could be reduced if
spaces were provided in the back.
Clark said that was possible. He said that the concrete in front was not put in by his company and does
not count for parking. McCallum said he would like to see more green space there, if possible. Weitzel
said that the Commission can't do anything about the concrete in the front.
McCallum said the issue is whether the garage is worth saving or not. Clark said that demolition of the
garage would also allow for the possibility of the house on the right to have some parking in the rear as
well, because right now the garage blocks that opportunity. He said his diagram shows that with someone
pulling back in there, there could possibly be two cars on both sides. Clark said that when he drives by in
the morning, there are at least six cars sitting there.
Weitzel stated that two more spots in the back won't solve that issue. Clark said that it would help push
two cars on the one side back and allow the house on the right to have two stalls also, resulting in a net of
four stalls.
Carlson said that if cars are parked in the driveway, there is no access row from the street to the back of
the lot. Clark said the zoning ordinance reads that one car may be parked behind another. He said the
--------_.--,._-_.._.~'-_._--~-~~---_._-_._._,.~
Historic Preservation Commission Minutes
November 10, 2005
Page 2
idea would be to have two cars in behind there, and then one car behind it, and it meets the intent of what
the City wants.
Weitzel said that the parking is not an issue for the Commission, ultimately. He said the issue is the
condition of the building proposed to be torn down.
Carlson read from the guidelines, "The Commission will consider the condition, integrity, and architectural
significance of the outbuilding." He said the Commission therefore has no guidelines for what exactly to
consider as a threshold for any of the three criteria. Weitzel said that precedence-wise, the Commission
has gone both ways.
Gunn said that he thinks this is a shabby, old garage. He said that it is not very important in the sense of
the architectural character of the neighborhood. Gunn said he did not see anything wrong with tearing
down the garage. He said the chance that it might improve the parking situation is probably good.
Gunn said the language came about when there was no way to stop demolition anywhere in the City. He
said the Commission drew a line with primary structures in historic or conservation districts, although non-
contributing structures did not concern the Commission that much. Gunn said the Commission has looked
at outbuildings on a case-by-case basis. He said that he does not think this garage is worth any battle.
MOTION: Maharry moved to approve a certificate for the demolition of a garage at 229 South
Johnson Street, as proposed, for the reasons previously stated. Gunn seconded the motion.
Ponto asked Clark if he has considered moving the garage 90 degrees around to become one of the
parking stalls. Clark said the City requires a stall that is nine feet by 18 feet, and there is less than 20 feet
there. He said the garage would then have to be moved too close to the property line. Weitzel said it is
probably allowed where it is now, because it hasn't been moved. He said that once the foundation is
moved, it would have to comply with the current setback standards.
Carlson said that even though the garage is over 50 years old, because it was clearly built at least a
couple of decades after the house and therefore does not fit in with the historic context of the house, he is
more willing to let this go than he might be with some other garages.
Gunn said that a period carriage house in the back would be a different story. Weitzel said that if it was a
small but well-matched garage, there also might be impetus to preserve it.
The motion carried on a vote of 7-0.
821 South Seventh Avenue. Drop, the contractor for this project, said that the proposal is to put a six by
ten foot addition to the rear of the house. He said that it might possibly be an addition to an addition to the
original building.
Drop said the addition would come out to the west six feet, which would make the kitchen more
functional. He said that the current occupants have some handicaps, so he is trying to meet their needs
with the kitchen addition. Drop said he intends to add some lower-level work surfaces, which can't be
done in the existing kitchen because there is not much wall space.
Drop said that this would be visible from the street. He said he would like to bring the line straight down
the additional six feet and put in an additional window to break up that wall. Drop said there has to be
some distinction between the addition and the originai house if the addition is viewable.
Weitzel said the Commission would normally ask for a setback on the side to distinguish the addition to
the house. He said, however, if this is an addition to an addition, the Commission may consider giving
more leeway. Carlson asked if the foundation is different under the rear wing.
Drop said that it is slightly different. He said that he looked at the Sanborn map, which shows the
screened porch with the house, and the measurements add up to not having the four-foot addition on the
back.
Historic Preservation Commission Minutes
November 10, 2005
Page 3
Drop said he talked to Terdalkar about a setback to distinguish the addition, but that would really disrupt
the functional interior layout. Weitzel agreed that a setback would make this a very small, narrow addition.
Ponto said that to set it in to make it smaller would be unreasonable. Weitzel agreed.
Carlson asked if the current rear wing would be affected at all. Drop said the new addition would just
project out. He said the foundation would be brought out and would match with the veneer brick. Drop
said he would put a wider window in the back, about six or eight inches wider.
Weitzel asked if there would be a band of trim to define the addition. Drop confirmed this. Terdalkar said
that there is no trim on the house, except for on the windows. He said, as there are no cornerboards on
the house now, if trim is used to define the addition, it would be rather unusual and difficult to decide on
the style of that trim. Terdalkar said that the Commission may want to consider and suggest a different
distinguishing feature such a foundation.
Drop asked if it should be 3", inch by 5/4 to match the window trim. Weitzel said it should match the
window trim.
Carlson said the Commission has at times been willing to say that if the foundation looks different, that is
enough of a change to tell that one is different from another. Maharry said that the change in the style of it
just to have an artificial marker does not seem appropriate in this case. Carlson agreed, saying that there
are other exterior markers.
Terdalkar said the existing foundation is a rock-faced concrete block. He said that regular concrete block
would show the difference. Terdalkar pointed out that the application specifies the use of rock face, if
possible. Drop said that he would just use regular concrete block and said that would be fine with the
homeowners. Carlson agreed and said that would be permissible in this neighborhood. Weitzel said that
any kind of concrete block is allowable in a conservation district.
Gunn said that the elevation as drawn looks beller than if the trim were not there. Carlson said he was not
certain that he would want the line as depicted, because it doesn't show the current addition but would
show a hypothetical earlier addition. He said that architecturally he thought it looked beller as in the
drawing, but he would prefer to see the foundation material as a marker.
MOTION: Carlson moved to approve a certificate of appropriateness for an addition to the rear of
821 South Seventh Avenue, with the specification that the new addition be distinguished from the
old by the use of plain, concrete block. Ponto seconded the motion.
Maharry asked if the window trim would match the existing. Drop responded that the window trim would
match. He said that he is looking for muntins with a 5/8 dimension to match the rest of the house. Drop
said the closest he has found to date is 7/8. Weitzel said he thought that would be acceptable as long as
it was a true divided light and six over six. Drop said he was looking at the applied muntins that cannot be
removed. Weitzel said those have been approved by the Commission before. Gunn pointed out that
divided lights can be created with muntin bars that are adhered to both sides of the glass, but not with
snap-in muntin bars.
AMENDMENT TO THE MAIN MOTION: Carlson amended the motion to allow the owners the option
of using rock-face concrete block, provided it is distinguishable from the older foundation. Ponto
seconded the amendment.
The motion carried on a vote of 7-0.
528 East Colleae Street. Terdalkar stated that this is a contributing structure in the College Green Historic
District. He said the application is for a change in the position and dimensions of the shed that was
previously approved.
Burford, the owner of the property, asked why she had to go through the application process again.
Terdalkar stated that this was a change from the previously approved application and the original porch,
and it does not fit in the no-materia I-effect criteria and the Commission review is required for such exterior
changes.
Historic Preservation Commission Minutes
November 10, 2005
Page 4
Weitzel said this proposal is very similar to what the original porch looked like, and the Commission
previously approved a smaller shed because the air conditioner was in the way. He said that the air
conditioner was moved, so the shed was back to the original proposal.
Terdalkar said the plan shows the previous shed location. Carlson said the shed is being lengthened from
the previously approved plan back to the original dimensions. Weitzel said the shed would still be a little
bit smaller than the initial proposal and has shifted a little bit to the east.
Burford said she wishes there were a way that a procedure like this could be streamlined. Weitzel stated
that this is a very large project that has been done on sort of a piecemeal basis rather than all at once and
designs revised so many times, so the Commission has had to review it every time changes are
proposed.
MOTION: McCallum moved to approve a certificate of appropriateness for changes to the shed
proposed for 528 East College Street. Ponto seconded the motion. The motion carried on a vote of
7-0.
315 Brown Street. Terdalkar said that this is a contributing structure in the Brown Street Historic District.
He said the application is for an addition to the back of the house, with the removal of the existing two
additions. Terdalkar stated that although the applicant originally proposed to use poured concrete with
plaster and paint over it for the foundation, has now indicated that they would be willing to use regular or
rock faced concrete block instead to match with existing foundation style.
Maharry said the issue is whether this is a historic porch. Terdalkar said that there were no records found
in the surveys about the porch or its construction date. He said the house was built in 1896, but the porch
appears to be a later addition as the foundation masonry appears to be weaker and the pattern of rock-
face block appears to be different on the foundation of the porch.
Maharry asked if the coiumns and window trim were recycled. Terdalkar said the applicant said there was
damage to the porch in the past, and some of the columns were replaced. Maharry asked if the columns
that are there are original, because they look pretty old. Terdalkar said he is not aware of that. Gunn said
it could be an addition fairly soon after the house was built. Maharry said that the storm doors are there,
so the addition couldn't be that much newer than the house. Weitzel said the construction of the porch
could easily be in the 1890s time period. Carlson agreed that the lower porch could have been built
during that era.
Weitzel said the porch is clearly more than 50 years old. Maharry said that if it is an addition, there is
evidence that it is historic and over 50 years old because of the capitol, the trim, the storm door, the
cellar, and the columns. He said it is important to determine, because there are guidelines for the
demolition of historic, character-defining structures in a historic district.
Terdalkar said the survey mentions that the house appears to be a mirror image of the plan for the
neighboring house. Terdalkar noted that there is some dissimilarity however, e.g. one house is a two-
story structure, but the other is one and one-half story. Weitzel said the back porch was probably added
later but is historic. Carlson said that would not be a mirror image house then.
Maharry asked if the owners were clear in the knowledge that the demolition of historic, character-
defining features is disallowed. Terdalkar said the owners want to create more room and had said that the
porch needed more work than just regular maintenance.
Gunn stated that when he bought his house, there was a one and three-quarters squatty, square addition
on the back that was clearly an addition. He said he added to the addition's extension south, went up an
additional Yo of a story, and actually made it the tallest part. Gunn said his house is in the Summit Street
District. He said he brought his project before the Commission, which thought it was a wonderful addition,
and it won a first place award at that time. Gunn said he is happy with it, and it is in character with the
addition. He said that what the owners have proposed is more attractive and architecturally more in
keeping what is on the house now, even if is removing something historic. Brennan said he agreed but
said the guideiines prohibit demolition if the porch is architecturally significant.
Historic Preservation Commission Minutes
November 10, 2005
Page 5
Gunn said that architecturally significant does not necessarily refer to everything old. Weitzel said the
Commission has to decide on a case-by-case basis whether something is important to the house or not.
Gunn said that the sleeping porch is not important to the architectural character of the house.
Carlson said that the back porch could be originai, and even if it is not original, it's built in the style of the
front porch. Weitzel said it is also pretty simple. Gunn said this is not about ripping out a front porch and
putting on a deck with a treated wood railing. Weitzel said the argument could be made that the back
entryway is actually fancier than the original house is. Ponto said if the Commission approves this, it
might want to recommend not having the back be overly ornate.
Gunn said that this is not a landmark or key structure. He said that over time the Commission has moved
from considering the architectural character of the neighborhood to preserving every property as if it were
a landmark. Gunn said it is getting in the way of some things. He said the owners are proposing a nice
modification to the back. Gunn stated that to disallow this because of an old structure on the back is
looking for trouble, and the Commission will continue to find trouble if it defines architecturai character so
narrowly as being anything old. He said the Commission needs to protect the character of historic
neighborhoods. Gunn said he could understand being finicky about a landmark or key structure, but this
is just one of thousands of properties.
Weitzel said one sees these porches elsewhere; this is not the only place left in town as an exampie of
this. He said that it has aiready been altered somewhat and thought he could probably vote in favor of
demolition. Weitzel said he could see the point that this is removing a historic feature, but, especially with
the odd sleeping porch, he was not certain that it is significant and important to retain on this house.
Maharry said the proposal would change the whole view of the back of the house by adding a giant gable
back there. Gunn asked where the guidelines state that historic features cannot be removed. Carlson
referred to 7.0. Weitzel said that demolition is disallowed if it is significant to the architectural character
and style of the building, which is up to the Commission to interpret. He stated that the term significant
makes the Commission less tied down than it would otherwise.
. Carlson said that removal of the front porch would be much more noticeable, but its significance is at a
much higher level than the back porch. He said he still thinks of the back porch as character defining and
part of an era. Maharry said he thinks it is character defining because of the storm cellar.
Ponto said the sleeping porch is not character defining at all, but the lower porch could be. Gunn said the
sleeping porch has probably been there more than 50 years. He said he thinks that one has to be able to
walk by it and think it belongs, and that's good enough for him.
MOTION: McCallum moved to approve a certificate for the demolition of the rear, two-story porch
at 315 Brown Street. Ponto seconded the motion.
Gunn said that the middle paragraph under demolition states, "A certificate of appropriateness is also
required for removal of any portion of a building, such as a porch, porch balustrade, decorative brackets,
dormers, chimneys, or other architecturally significant components on any structure within a historic
district or on any landmark." He stated that the guidelines don't say this will be denied but just say that a
certificate is required, so they are to be discussed and presumably, in the language, sometimes they can
be approved.
Weitzel said there is leeway for non-significant items to be torn off, but the Commission needs to decide
what is significant. Ponto said that an addition on the back of any historic house will destroy something
historic. He said the issue is how much is destroyed.
Carlson said this is not just the back wall with a window or two, which is what the Commission often
considers. He said this application is to remove the entire back of the house plus the porch, and the
proposed design would not look anything remotely like that porch.
Maharry suggested the Commission look at this as an equation. He said the large sleeping porch on the
second fioor isn't historic and doesn't contribute significantly, and the same is true for one column and the
enclosed part of the porch, which probably doesn't add to the significance and character of the porch.
Historic Preservation Commission Minutes
November 10, 2005
Page 6
Mahany said that is balanced out with what will be lost, which is historic, which includes the second-story
window, which is probably less character defining, two original columns, and a storm cellar.
Gunn said that the pair of columns is probably more appropriate as drawn than the fancy brackets on the
back porch. Maharry said the Commission should articulate why the features are not significant.
"'The tape quits here. Something must have happened during the recording....
Weitzel said he thought an equation addresses the issue well and is more objective than other methods.
Terdalkar said alterations carried out the over time are considered when the surveys determine
significance. Weitzel agreed that an architectural historian would see the alteration as detracting from the
building. He said that the porch is documented by photographs and archives.
Brennan asked if the neighboring property had a back porch, and Terdalkar said it originally did not.
Brennan asked if the neighboring property was a contributing structure, and Terdalkar confirmed that 311
Brown Street is a contributing structure.
Carlson said that he would probably vote against the demolition, because he likes the idea of a back
porch. Ponto said that the sleeping porch and the bathroom are not significant, contributing features,
because they are add-ons and inharmonious with the building and do not contribute to the overall flavor of
the house. He said that the part of the porch that is unscathed is a tougher call. Ponto said that where
add-ons are allowed, some historic component is lost. He said that because the sleeping porch and
bathroom are not significant, that loss is minimal, and losing the lower part of the porch with its two posts
is less than half of the entire expanse.
Gunn agreed and said he would vote in favor of the demolition. Enloe also agreed, based on the balance
of gain and loss. He said that the back porch is already spoiled, and the loss is more than balanced by
removing the inappropriate sleeping porch and the bathroom. Enloe said that the net effect is not
deleterious to the house. Carlson said that if this were just approval of removal of the sleeping porch, he
might be in favor.
Maharry stated that in the past, the Commission has considered the rehabilitation potential with respect to
a project. He said that removal of the addition to bring the house back to its original state was Improbable
and not feasible, and it was especially unlikely that a bathroom would ever be removed. Maharry said that
the back part of the house was not likely to ever be restored, and he would support the demolition of the
back porch.
The motion carried on a vote of 7 -1, with Carlson votinll no.
Regarding the addition, Carlson said that he thought it was a fine design, except for the extra
ornamentation and the three square, short windows. Enloe said he also did not like the three short
windows on the west elevation. Weitzel said the owners would like a sunroom/family room with a large
window on the back wall, but he thought the three short windows were designed as such for privacy
reasons.
Terdalkar said the scale/proportions of these windows on the dining room match with the three windows
with ornate glass panes on the original west fac;:ade. Weitzel said that the window appears larger in the
drawing and did not have the same trim. He said that the larger window is more like the size of the
existing window. Enloe said it would be appropriate to reuse the windows that are proposed to be
removed on the east elevation, instead of the three short windows.
Rapson, the contractor for this project, said the two windows on the east elevation are in bad condition
and need to be replaced. She said the proposed windows are positioned to accommodate the sink for the
proposed kitchen. She said they will be shorter windows for the same purpose. Weitzel said the
Commission has allowed for different sized windows for kitchen remodels, but that was usually at the
back of the house. Enloe said he would be less troubled if the windows were on the back.
Enloe asked Rapson the reason for having the three short windows on the other side. Rapson said that
they don't have to be that size, but they are very close to the neighboring home and one can look right
.._~-"---_.__._-,---_.._,_.._--~-~--_.,--_._---
Historic Preservation Commission Minutes
November 10, 2005
Page 7
into the neighbors' house. She said it was not essential to have them be that size, and it is more
important to have the kitchen window height as proposed, to allow for the counter.
Weitzel agreed that most homeowners want more light for a modern kitchen. Rapson described the floor
plan for the kitchen. She said that in the existing kitchen, there is only counter space from the chimney to
the door and very little cupboard space. Weitzel said that to accommodate the modern design of the
kitchen, the contractor had to do it with windows. Rapson said it was a problem especially because there
are so many doors leading into the kitchen.
Enloe said he was okay with the window shape to accommodate the design but was less enamored of the
two windows together. Rapson said they would match the pair of windows on the front of the house, and
there is also a house at the corner of Brown and Johnson in a historic district for which the Commission
approved a pair of windows together. Weitzel asked if the style of that house was the same, and Rapson
said that it is a Dutch house with a gambrel roof.
Rapson said that the house has a pair of windows on the front elevation and also, on the house next door
there is a pair of windows facing together. Terdalkar said there is also a pair of windows on the second
fioor gable and can be compared with the applicant's proposal as they are different in style.
McCallum said that if the windows are split, the kitchen will lose the upper cabinet. Rapson said she
would also like to see a window above the sink. Weitzel said that there is nice symmetry there now.
Rapson stated that the window would match the upper height. She said there is a pair of windows
together on the front and a single window above so that this pattern exists elsewhere on the house.
Carlson said (something about appropriate window before, but what's there... not new shape and typically
on the back...approve a lot of things if undoing.) Gunn said he did not like the three windows on the west
elevation. Rapson said that she could put a pair of long windows there.
Weitzel asked if the kitchen windows could be salvaged and used on the addition in the back. Rapson
said that the windows on the south elevation would be the same dimension as the long ones, and the
current windows are in bad shape. Weitzel asked if they are leaky and need regiazing or if they are rotten.
Rapson was uncertain but said that the owners of the neighboring house want to replace a window of the
.same era and added that the current windows are not weather tight. Maharry said that if the windows are
moved to a new iocation, they could be made weather tight.
Weitzel said that the process of re-glazing, etc. could potentially be less than the cost of a new window.
Rapson said that the replacement windows would cost less than $300 per window. Weitzel said he would
like to save the windows and that they are not destroyed or removed entirely and possibly reused on the
house on the west side. He said that he understands the need for special height windows for the kitchen.
Rapson said that she has noticed the original trim inside. She said it would be frustrating to do new
construction that is weather tight but use old, leaky windows. Weitzel said that if the windows aren't
moved, they will have to be repaired.
Weitzel asked Rapson if the owners would be reusing the two columns on the back porch. Rapson
responded that if they are salvageable, she would reuse them. She added that the columns on the front
had been replaced, with Commission approval, and said that the columns in the back might be rotten at
the bottom.
Weitzel suggested replacing the brackets on the back with columns and extending the canopy to all of the
columns. Maharry said that would match the front. Rapson said they would need to construct a new
balustrade for the stairs. Weitzel said (something about new residential single-family homes require 36-
inch baluster spacing.
Carlson asked if there would be a contrast between the foundation on the current house and the
foundation on the addition. Rapson replied that the foundation on the current house is block made to look
like stone and the proposal is to have a concrete foundation. Weitzel said the guidelines recommend
using foundation to match the exiting in joint profile, texture and material. Terdalkar suggested that the
blocks from the current porch could be recycled, if properly dismantled. Rapson responded that the
Historic Preservation Commission Minutes
November 10, 2005
Page 8
foundation is falling apart and is not on straight. Weitzel said that the blocks could still probably be
reused.
Maharry asked if the back door is original. Rapson replied that it is original but said that it is not in good
shape. She said that they would not be reusing that door but would be installing a new door with the
same format and a new storm door. Rapson said it is nicer and would be more historically appropriate
than what is on the front.
Maharry asked about the proposed five-paneled steel door. Rapson said that door would lead to the
basement. Maharry said that a two-paneled dOOr would be preferable. Rapson said the owners want an
insulated, durable door there. She said she could only find with only the horizontal panels and her options
were very limited that or needs to choose a solid slab with glass. Rapson said she would continue to look
for a two-paneled door and said that wouid be her preference as well.
MOTION: Gunn moved to approve a certificate of appropriateness for the construction of a rear
addition at 315 Brown Street, with the following exceptions to the proposal: 1) the west triple
windows should be replaced with a pair of double hung single windows, 2) columns similar to
those on the front be installed on the new porch, 3) the foundation be a masonry foundation, and
4) the basement door be of horizontal panels, if possible. McCallum seconded the motion.
Carlson said he did not like to see the windows on the east elevation of the original house go. He said he
would vote against this for the sake of registering his disapproval of the removal of the windows but said
he basically approves of this design.
The motion carried on a vote of 6-2. with Carlson and Enloe votin<l no.
Weitzel recommended that Rapson consider taking any reusable materials to the salvage barn.
OTHER:
Terdalkar stated that the City Council asked the Commission to reconsider Section 4.11 of the guidelines,
to accommodate the project at 517 Grant Street. Carlson said it was his impression that the City Council
didn't like the idea of a homeowner having to spend $3,000 versus a $600 repair. Weitzel said the City
Council was swayed by the owner's argument, although it was not necessarily germane to Section 4.11.
Maharry said he watched the meeting and felt that the City Council only heard one side of the discussion.
He said he would like to know specifically what the City Council wants to see changed.
McCallum stated that the language discrepancy between the Building Code and Section 4.11 needs to be
cleared up. He said that the Building Code states that if someone is re-roofing, he does not need a
building permit. McCallum said that the language needs to be more consistent. Brennan said that if the
Building Code does not require a permit, then the guidelines don't come into play.
Terdalkar said Section 4.11 pertains only to covering of the built-in gutters not re-roofing. If the gutters are
being covered so that the structural work is involved building permit is required. Maharry said that the
owner was changing the pitch of her roof with wood. He said that this is not re-roofing but is actually
building something. McCallum said it was probably time to review requirements for a regular permit.
Enloe said that the Commission has now reviewed Section 4.11, and the rules are clear. Weitzel said the
City Council review was off-topic from the appeal and involved discussion regarding whether the
Commission's decision was fair to the owner versus discussion about the ordinance. He said the owner
had a sheet metal contractor give her the $3,000 estimate. Weitzel said there are other options for this
roof, but the owner did not feel they would work.
Gunn agreed that there are other options. He pointed out that this project was already begun without
consultation with the guidelines and without the owner obtaining a permit. Gunn said if the owner had
followed the rules, then this would not be a problem.
Maharry suggested submitting a report to the City Council to emphasize the Commission's points. He
pointed out that the installation of the A TM on a historic building was also done without a permit.
Historic Preservation Commission Minutes
November 10, 2005
Page 9
McCallum said the language in the Building Code is not clear as to when a permit is required in a case
like this. Enloe said that in that event, there is need to clarify it Building Code not in the guidelines.
McCallum said that the Commission's review is accounted for in the Building Code regarding windows
and doors but not in this case.
Maharry stated that the City Councii needs evidence that changing the slope alters the historic character
of the building. He added that Section 4.11 was not created in a vacuum and was done after
consideration of possible circumstances. Weitzei said that Section 4.11 does not specify a method that
must be used but rather allows options.
Enloe said that people won't look at the guidelines unless they realize they need a permit to alter the pitch
or slope of the roof. Brennan stated that the Commission voted this down, but the City Council wants to
know if the guidelines can be altered to allow some exceptions.
Maharry said that in every case, a homeowner could argue that there is some extraordinary circumstance
and the guidelines can not be changed every time such claim is made. Gunn said it is reasonable for the
City Council to ask the Commission to review something in the guidelines. He said applicants however
cannot avoid the review or the permit or by ciaiming that they were not aware of the requirements and the
guidelines. He suggested that the language regarding building permits can be modified if required. Gunn
said that the Commission needs to make the point that the architectural character of a building is altered if
the pitch of the roof is changed.
Maharry suggested the Commission recommend to the City Council that the Building Code language be
changed. He said the Commission should also provide evidence from other communities showing how
the change of a roof slope can affect the historic nature of the building.
Weitzel asked Carlson to draft a memo to the City Council to address the points discussed by the
Commission. Maharry said there should be some discussion of the costs in this case. Weitzel said that
products such as Acrymax and EPDM can be used on roofs without the high costs as quoted by the
contractor. Gunn asked if the $3,000 quote included the cost of undoing what had been done in error.
Weitzel said the details are unknown.
Gunn said the costs for doing something shouldn't have been so high if proper consultation and review
process was used in the first place. Maharry said that the owner would have a received a letter in
February 2005, not to mention all of the other notifications, to let her know that her house was in a historic
district.
Carlson said he could not address all of the owner's points in his memo to the City Council, because
there was not enough information. Maharry suggested sticking with the global themes, versus one
individual's claims. Brennan suggested including other options for the roofing in the memo.
Carlson pointed out that other solutions would be effective. Brennan said (something about ...discussions
with several people that... not look offensive.) He said that the key for her house is that it had a gambrel
roof. Brennan said that it already had a pitch change, so he thinks another small change might be okay.
Weitzel said the flat gutters are part of the design features on the house and also that they have
withstood the weather for over 80 years. Brennan said that the roof is now dysfunctional, as frequently
happens. Weitzel said that they all eventually become dysfunctional without proper maintenance.
Gunn said that if the Commission changes the guidelines to find an exception for this owner's house, it
would affect thousands of houses and porches with internal gutters, and they would become shed roofs.
He said that internal gutters are essential part of historic houses. Gunn said the Commission could not let
this go, because it would set a precedent for all architecturally significant features on the houses all over
the City.
Weitzel added that to alter the guidelines for one applicant would be the definition of arbitrary and
capricious. Maharry said that the wording could be changed to say, "not significantly altered," which would
give the Commission some discretion. Weitzel asked how many people would have changed their vote if
the word "significantly" was included in the guideline. Brennan said that he would have voted in favor, and
Ponto said he did not know if he would have or not.
Historic Preservation Commission Minutes
November 10, 2005
Page 10
Enloe said the reason for the guidelines, to some degree, is to be rigid. He said that if there were no
guidelines, the Commission would have a much more difficult job.
Weitzel asked if the guidelines in Section 4.11 were drafted only for porches. Gunn said they were not
intended for just porches. Enloe said it is essential to protect specific features on the historic houses,
especially if they are architectural and can not be reversed once altered.
Gunn said the guidelines were debated before they were approved. He said as external gutters can be
installed and removed if someone intends to do so, it was allowed. However this change can be
reversible only if the built-in gutters were covered without changing the roof pitch, or without removing the
built-in gutters. It was also discussed that this affects a lot of properties; therefore the option to install the
external gutters was introduced.
Weitzel said that people have told him that the Commission needs to define when something is
architecturally significant or not. Gunn said that there is a difference between architectural significance
and historical significance. He pointed out that there is not an architect on the Commission now, and
Weitzel said he would like to have an architect on the Commission.
Gunn said that he is concerned that such a change would allow covering of all the internal gutters without
much thought. Enloe said that it would allow restoration to the original state at some future time.
Carlson said he would e-mail the draft memo to Commission members for their review. Weitzel pointed
out that Commission members had the option of changing the guidelines at the present meeting if
someone moved and seconded a motion and there was a majority vote.
MINUTES: October 13, 2005.
Weitzel asked Commission members to submit any typographical corrections to Terdalkar.
Carlson stated that on page three, in the second full paragraph, the last sentence should be clarified.
Weitzel stated that on page four, in the first paragraph reviewing the minutes, the last sentence should
refer to "Carlson" and not "Weitzel."
MOTION: Enloe moved to approve the minutes of the October 13, 2005 Historic Preservation
Commission meeting, as amended. Maharry seconded the motion. The motion carried on a vote of 8-0.
OTHER:
Weitzel asked for discussion of the submitted RFPs. Carlson said that he thought the more expensive
proposals were better. He said he thought the Svendsen, Tyler, and Clarion proposal was best, and the
Gray Grace proposal was next. Carlson said the Spark proposal was very detailed, but he felt the
consultant might not have enough resources complete the task.
Weitzel said he thought the proposal by Svendsen was good and also mentioned that the document put
together by Clarion about Colorado was very well done. He asked if anyone disapproved of the Svendsen
Tyler and Clarion proposal. Weitzel suggested the Commission then go with the proposal presented by
them.
Brennan said he talked with the Attorney General's Office about the open meeting law and what
constitutes a meeting. He said the Attorney General's Office informed him that an instant messaging
session, even if only two people are corresponding, constitutes a meeting. Brennan said that the Attorney
General's Office stated that a series of e-mails is a murkier area but is probably okay. Brennan said that
the e-mails would be a matter of public record, however.
ADJOURNMENT:
The meeting was adjourned at 9:37 p.m.
Minutes submitted by Anne Schulte
s:lpcdfminuteslhpcl2005HPCminutesJHPC11-10..Q5.doc
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Attendance Record
2005
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Term
Name Expires 1/8 1/13 2/10 2115 3/10 4/14 4/28 5/12 5/26 6/2 6/9 6130 7/14 8/15 8/25 9/8 9/22 10113 11110
M. Brennan 3/29/08 n_ --- ---- n_ --- X X X X X X 0 OlE X X X X X X
R. Carlson 3/29/07 n_ _n X X X X X X OlE X X OlE X X X X X X X
J. Enloe 3/29/06 X X X 0 0 X X 0 0 0 OlE OlE OlE OlE OlE X X X X
M. Guon 3/29/07 OlE X OlE OlE X X X X X X OlE X X X X X X X X
M. Maharry 3/29/08 X X X X X X X _n --- --- --- _n X X X X X X X
M. McCallum 3/29/06 X X X X X X 0 X X X X X X X X X OlE X X
J.Pardekooper 3/29/07 OlE X X 0 0 OlE 0 0 0 0 0 X X 0 0 0 0 0 0
I J. Ponto 3/29107 X X X X X X X X OlE OlE X X X X X X X X X
A. Smothers 3/29/05 OlE OlE X X X --- n_ --- _n --- --- _n n_ _n --- --- n_ --- -- --
J. Weissmiller 3/29/06 OlE OlE OlE OlE OlE OlE OlE OlE OlE X X X OlE X OlE OlE 0 0 0
T. Weitzel 3/29108 OlE OlE X X X OlE X X X X X X X X X X X X X
Key:
X = Present
0 = Absent
OlE = AbsentlExcused
NM = No Meeting
-- -- = Not a Member
I];:
~ Iowa Cit):
~Public Library
FINAL APPROVED
BOARD OF TRUSTEES
Minutes
5:00 pm - December 15, 2005
2nd Floor Board Room
Agenda item 3A
David VanDusseldorp, President
Linzee MtCray, Vice President
Thomas Dean
William Korf
Thomas Martin
Meredith Rich-Chappell
Pat Schnack., Secretary
Leon Spies
Tom Suter
Members Present:
Thomas Dean, William Korf, Tom Martin, Linzee McCray, Meredith Rich-
Chappell, David VanDusseldorp
Members Excused:
Leon Spies, Pat Schnack
Members Absent:
Tom Suter
Staff Present:
Barb Black, Maeve Clark, Susan Craig, Kara Logsden, Elyse Miller, Patty
McCarthy, Hal Penick
Guest:
Kevin Hanick, realtor, Lepic Kroeger
Call meeting to Order
VanDusseldorp called the meeting to order at 5:02 pm
Public Discussion
None
Approval of minutes
The minutes of the regular meeting of November 17, 2005 were approved after a motion made
by Martin and seconded by Korf. All were in favor and the motion passed 6-0.
Unfinished Business
A. Leased SDace UDdate
Iowa City City Council approved the lease with Primus. Currently there are three proposals
for the first fioor space; one option includes two businesses sharing space. It is hoped that
an arrangement will be in place soon. The storage space in the basement may also be an
Agenda item 3A
Page No 2
opportunity for income. VanDusseldorp, Craig, Hanick will consult and make a decision about
these proposals.
B. Hills Contract
Craig attended the Hills City Council meeting in which the contract for library services was
approved with no changes. Two original lease documents require VanDusseldorp's signature.
No action needed by board since no change was made by Hills.
C. University Heiahts Contract
This contract is more complicated than the Hills contract because it involves Coralville and
the formula is different. Eric Goers from the City Attorney's office worked on both contracts.
The Coralville Public Library Board approved the contract with no changes. The fee structure
states that quarterly payments will begin on 7/1/06. However, if University Heights approves
the contract ICPL will consider providing library cards when school gets out in June (before
the contractual requirement) so that University Heights residents can utilize the library and
its resources when the school session ends. A motion to approve as presented was made by
Rich-Chappell and seconded by Korf. It was approved 6-0 to send forward to University
Heights for consideration.
New Business
Review of Board Policy #102 - PoliCY Makina and Policv Review
New language was added pointing out that state accreditation and state standards require
certain policies be in place and to make clear that these materials will be made availabie in print
and on website. After a motion by Dean and seconded by McCray the revision to the policy was
approved 6-0.
Review of Board Policy #103 - Membershio in Professional Oraanizations
A general statement of purpose was added to this policy to have it conform with the other
policies. This policy supports staff in their professional association memberships by paying half of
their ALA or ILA dues. ICPL pays the ILA membership fee for its Trustees. New language makes
it clear in 103.2 that ICPL automatically enters our Trustees into the Iowa Library Association's
Trustee subdivision. After a motion by Korf and seconded by Martin, the policy was
approved 6-0.
Staff Reports
Deoartmental Reoorts: Children's, Systems, And Technical Services
Children's Services. The department is fully staffed for the first time since August.
Commendation to staff for ensuring that all of the Children's Services functions ran smoothly
during this difficult time. The department is developing a proposal for programming to
encourage "tween" reading and library use. McCarthy will write a Rotary Club grant to fund the
series this summer.
Svstems. The Systems department is exploring several software tools to develop meaningful
baselines and methodologies for measuring and anaiyzing web use statistics. Two software
products, one that manages patron usage (Pharos), and one that secures the equipment itself
(Driveshield) are scheduled for complete upgrades in December. A member survey for ILA
members and a form by which teams may register and pay for the upcoming Spelling Bee have
been developed and are being hosted by ICPL's website.
Agenda item 3A
Page No 3
Technical SelVices. Acquisitions staff have created a code that is entered into a field in the order
record so that at the end of the fiscal year we can provide a breakdown for selectors so they can
analyze which collections are most prone to heavy use, damage and theft. Technical Services
utilizes a set of statistics called Turnover Rate, which takes into account how many items there
are in a collection and indicates the number of times each item would have circulated during the
year if circulation had been spread evenly throughout a particular collection. The Turnover Rate
provides some context for how actively parts of the collection are being used
Foundation. The gift amounts and response rate to the ICPL Friends Foundation Annual Fund
and Reaching for New Heights Endowment Fund are significantly higher than this time last year.
The Book End will be professionally cleaned twice a month due to the generosity of John O'Meara
and Details Cleaning Company. The Iowa City Friends Foundation will host the 9th Annual Iowa
City Spells on Tuesday, February 7, 2006 at 7:00 pm.
Reoort from 12/13/05 Leaislative Receotion.
VanDusseldorp, Schnack, Martin and Craig attended the Legislative reception in North Liberty.
Craig is concerned about the possibility of a filter mandate for libraries that receive state money.
The legislators seemed to appreciate our proactive stance. We need to see the governor's
budget and how the issue affects our funding before we can take any further steps. The
opportunity for libraries to meet with legislators in Des Moines is, Craig thinks, at the end of
January. She will confirm the date and it will be placed on the calendar.
FY07 City Manaaer's Budaet
The City Manager's budget is not available yet. Craig will send an email when it is disseminated.
VanDusseldorp encouraged Board members to attend the City Council meeting where they
discuss budgets with Boards and Commission. That meeting has been scheduled for Monday,
January 30, 2006 at 7:00 pm.
Miscellaneous
ICPL and the UI College of Pharmacy have been working together to offer hands-on tutorials on
the Medicare drug program sign-up. This library program, spearheaded by Maeve Clark (ICPL)
and Mike Kelly (UI Pharmacy) has been both well attended and appreciated. We will continue to
offer the program as long as there is a demand for it in the community and the College of
Pharmacy is willing to da it.
President's Report
VanDusseldorp attended InselVice Day at the library on 12/9. He valued the opportunity to
interact with library staff and encourages the library to continue to invest in this day.
Announcements from Members
McCray cannot make the March 30, 2006 meeting. It was decided to poll Board members to
identify which day in March works best for the Board meeting.
Committee Reports
Foundation Members
No report.
Communications
Letter from City Cable TV Office.
This letter requested that persons write their local Congressional representatives to encourage
continued funding of local control for telecommunications. There is some proposed legislation
Agenda item 3A
Page No 4
that would eliminate local franchising and have a direct impact on our community. Logsden
described that franchise fee funding helps to support the ICPL equipment budget and staff.
Disbursements
Visa Expenditures for November, 2005 were reviewed.
Disbursements for November were approved 6-0 after a motion by Martin and seconded by Rich-
Chappell.
Set agenda order for January meeting.
University Heights.
Leased space.
Use of cardholder information and confidentiality policy reviews.
FY07 budget.
Adjournment
The meeting was adjourned by VanDusseldorp at 5:58 pm.
Respectfully submitted,
Elyse Miller
Agenda item 3A
Page No 5
Board or Commission: ICPL Board of Trustees
ATTENDANCE RECORD
CALENDAR YEAR 2006
Mi~etinriiD~te i ..
f',Iame ~~rm 1/26/Q 2/2a~~i a/~Q/Q 4/~!7/0 $/25/0 6/22/0 7/27/0 8/:
EXD 6 6 .... 6 ..6 6 6 6 6
Thomas Dean 7/01 /0 X
9
Bill Korf 7/01 /0 X
9
Tom Martin X
Linzee McCray 7/01 /0 X
9
Meredith X
Rich-Channel
Pat Schnack 7/01 /0 X
7
Leon Spies X
Tom Suter 7/01 /0 0
7
Dave 7/01 /0 OlE
VanDusseldoro 7
A. KEY: X ~ Present
o = Absent
OlE = AbsentlExcused
NM = No meeting
n_ = Not a Member
I 4b(~)J
MINUTES
IOWA CITY PUBLIC ART ADVISORY COMMITTEE
THURSDAY, JANUARY 5, 2006, 3:30 P.M.
LOBBY CONFERENCE ROOM, CITY HALL
APPROVED
Members Present:
Charles Felling, Rick Fosse (arrived at 4:05), Emily Martin, Mark Seabold,
Terry Trueblood, DeLayne Williamson
Members Absent:
Emily Carter-Walsh
Staff Present:
Karin Franklin, Marcia Klingaman
Call to Order
Seabold called the meeting to order at 3:38 p.m.
RECOMMENDATION TO CITY COUNCIL:
By a vote of 5-0, the committee recommended selection of Birds in Flight by Mark LaMair for placement in
the South Sycamore Greenway subject to resolution of the committee's concerns regarding the strength
of the supporting poles.
By a vote of 6-0, the committee recommended the acceptance of the Art in Non-Public Spaces
Recognition Program as amended.
Public discussion of anv item not on the aqenda
There was no discussion.
Consideration of the Minutes of the December 1, 2005 Meetinq
Felling said the vote count given in the recommendation to the city council was incorrect.
MOTION: Trueblood moved to accept the minutes as amended, Martin seconded. The motion passed on
a vote of 5-0.
Review proposals for South Svcamore Greenwav
Klingaman reported that Clark submitted a proposal, though he did comment on the limited budget
allowed for the project. She also received additional information from LaMair about his proposal. Clark
was not able to create a maquette of his proposal in the available time frame, so he submitted sketches
along with slides showing examples of other work he has done.
Klingaman said the proposed piece is aluminum, and noted that having quotes from stories inscribed on
the piece is intriguing. The committee members viewed Clark's slides. Franklin said the piece is 12 feet
high, 8 feet wide, and 10 feet long. Klingaman said increasing the budget might allow for the piece to be
hinged, which would give it more movement.
Franklin explained to Williamson that the Greenway is a wetland area that was created for storm water
management, which has a path running through it to Kicker's soccer park. Felling added that the path
begins directly south of Grant Wood School. Franklin said the committee decided the pathway was a
possible location for a kinetic piece after taking a tour of various city parks in 2005.
Franklin noted that the script would be unreadable if the piece is sited a distance from the path in a
swampy area. Klingaman said the artist was not given specific site information, so may not be aware of
this. Martin said that being able to read the words might not be important, as they might be intended to
give the piece patterning and texture.
Trueblood said he likes Clark's submission, but is also disappointed in it, given what he has seen of the
artist's other work. His other pieces were corten steel, which would fit in the surroundings better than a
shiny aluminum piece. Also, other pieces had cutouts that were related to nature, such as birds, that
might fit in better. Martin said she thought the LaM air piece was more interesting.
Klingaman showed the committee additional pictures of the birds submitted by LaMair. Seabold said the
birds are 6-8 feet long, and 12-14 feet up. Martin agreed they are bigger than she remembered, but
added that the size is a positive aspect that will allow a long view of the piece. The Greenway is such a
Iowa City Public Art Advisory Committee Minutes
January 5, 2006
Page 2
large space that it would be easy for things to get lost. Seabold asked for confirmation that there are
seven birds. Klingaman said yes, and they all move and rotate.
Trueblood said he prefers the LaMair piece, but said he was concerned about the strength of schedule 80
poles [Ed. Schedule refers to the thickness of the pole or pipe]. Seabold said the walls of the pipe are
quoted at 3/8 of an inch thick. Trueblood said the posts used for chain link fences are typically schedule
40, so these would be lighter weight but also be much taller. Seabold agreed he would like to hear from
Fosse about the strength of the poles. [Ed. Subsequently it was found that the schedule 80 pole would be
stronger than a schedule 40 pole.]
Trueblood said LaMair might have designed it with a lightweight pole to give the piece more movement.
Klingaman said LaMair stated it would be difficult to sway the poles more than a few inches. Seabold
noted that the poles would have a pretty good base, since a quarter of their length would be under
ground. He said he also likes LaMair's piece more than Clark's. Martin agreed.
Klingaman asked how much maintenance would be needed for an aluminum piece. Trueblood said both
aluminum and stainless steel should be relatively maintenance free, except for vandalism. Seabold said if
the metal is treated before it is punched, it might get some rust at the edges, but that should not be a
problem with LaMair's piece. He said he would consult with outside sources regarding the expected
strength of the poles. Klingaman asked Seabold to send her that information.
Klingaman said LaMair might still be able to meet the original deadline if his piece is selected, which
would be June 1. Trueblood said it might be interesting to see the scale model of the piece. Franklin said
it was very positive in the past to bring the scale model of a proposal to show to the council. Klingaman
said the artist is willing to send it, and asked if the committee wants to wait on a decision until they see it.
Trueblood said he is ready to make a decision now, though it would be interesting to see. Martin agreed.
Seabold said it could also be put on display.
Seabold asked if the artist will be fabricating a new piece, or selling an existing one. Klingaman said she
believes the pictures are of a scale model, and LaMair will be creating a new one. Seabold asked since
the piece needs to be fabricated, if a heavier pipe could be substituted. Trueblood said it would probably
be fine, though it also might drive up the cost, reduce the movement, and affect the look of the piece.
Franklin said that would just be a detail to be worked out if the committee chooses this piece.
Klingaman said a motion is needed to at least recommend the proposal with the condition that concerns
about the pipes be resolved.
MOTION: Martin moved to recommend LaMair's proposed piece "Birds in Flight" for the Sycamore
Greenway, pending resolution of the committee's concerns about the strength of the support poles.
Trueblood seconded.
Fosse arrived at this point.
Franklin asked Fosse if he had additional information about schedule 80 pipes. Fosse said they are not
used in his area. They are used more often for building interior use, rather than out in the public.
However, he said probably some deflection is desirable in this case. He added that the downside of
hollow versus solid pipes is that solid ones are more flexible; hollow pipes will dimple and bend under
stress.
Franklin said that the pipe walls are 3/8 of an inch thick, and the pipes are 2 inches across. Fosse agreed
that is a pretty stout pipe, though he does not know how well it would stand up to being climbed on.
Martin said they would be put in a wet area. Fosse noted that if the pieces were sited in water, the metal
would need to be treated so it doesn't rot at the water level.
The motion was passed on a vote of 5-0, with Fosse abstaining.
Recommendation on Art in Non-Public Soaces Recoqnition Proqram
Klingaman reported that the recognition program document was revised as discussed at the last meeting,
and reformatted to comply with the PAAC procedures. Franklin said the program procedure needs to be
formally recommended to the counCil.
Iowa City Public Art Advisory Committee Minutes
January 5, 2006
Page 3
Felling said he would like clarification on the process and policy for notifying the nominees. Franklin said
some guidelines should be inciuded, that the owner of the piece would be notified of its consideration
when the nomination is received. Williamson added that is only a concern if someone other than the
owner nominates the piece. Klingaman said that not everyone would wish to participate. Martin said that
people should have the opportunity to opt out of the nomination as soon as possibie.
Klingaman suggested adding a statement that permission from the owner is needed for the piece to be
considered. Williamson said a database should be built up so that if a piece receives multiple
nominations, the owners are not receiving numerous letters. Martin said the notification letter should
outline exactly what being recognized will mean in terms of publicity and public information as well.
MOTION: Martin moved to accept the Art in Non-Public Spaces Recognition Program procedure as
amended. Trueblood seconded, and the motion passed on a vote of 6-0.
Discussion of anv Communitv Initiated Art Proposals
Franklin said no proposals were submitted. She received inquiries from two people, but there has been
no follow up.
Fosse confirmed that the last community-initiated project was Irving Weber. Franklin said yes. Fosse said
that is a good example of a project that went well. Franklin said the Lions Club was responsible for that
project. Trueblood asked if the mural downtown was also from the community. Franklin said yes, Dulcinea
initiated that one.
Committee time/Other business
Klingaman distributed hard copies of the open meeting information. Franklin said it is good information for
all of the committee members to know. Trueblood said even informal discussions with a minority of the
committee members can be problematic, and the committee should avoid holding meetings at members'
houses. He said concerns are often more strongly related to policy-making bodies.
Adiournment
There being no further business to come before the committee, Martin moved to adjourn. Fosse
seconded, and the meeting adjourned at 4:20 p.m.
s:/pcdlminuteSlPublicArtl2006101-05-06,dOC
Public Art Advisory Committee
Attendance Record
I 2006
I
I Term
I Name Exoires 1/05
I Emily Carter Walsh 01/01/08 OlE
I Charles Felling 01/01/06 X
James Hemsley 01/01/06 X
Emily Martin 01/01/08 X
I Mark Seabold 01/01/07 X
Rick Fosse X
,
Terry Trueblood X
Key:
X = Present
0 = Absent
OlE = Absent/Excused
NM = No Meeting
CW = Cancelled due to Weather
I
I
i
I
i
I
i
i
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0;0
MINUTES
PLANNING AND ZONING COMMISSION
JANUARY 19, 2006
EMMAJ. HARVATHALL
APPROVED
MEMBERS PRESENT: Terry Smith, Ann Freerks, Bob Brooks, Don Anciaux, Beth Koppes, Dean
Shannon
MEMBERS EXCUSED: Wally Plahutnik
STAFF PRESENT: Bob Miklo, Sarah Walz, Mitch Behr
OTHERS PRESENT: Larry Schnittjer
RECOMMENDATIONS TO CITY COUNCil:
Recommended approval by a vote of 6-0, (Plahutnik absent) REZ05-00023, a rezoning of 9.72-acres of
land located west of Foster Road from Interim Development-Residential (ID-RS) to Planned Development
Housing-low Density Single-Family (OPD-5) with a Sensitive Areas Development Plan allowing the
modification of the RS-5 requirements to allow 2 (two) 12-unit multi-family buildings with exterior building
material consisting of brick, stone and fiber cement board siding, a building height of up to 47-feet and up
to five parking spaces permitted in the area between the building and the street subject to resolution of
the turning radius issue being resolved prior to consideration by City Council.
Recommended approval by a vote of 6-0, (Plahutnik absent) ANN06-00001, the annexation of .35-acre
of property located on Camp Cardinal Road
CAll TO ORDER:
Brooks called the meeting to order at 7:31 pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
REZONING ITEM:
REZ05-00023, discussion of an application submitted by Westcott Partners for a rezoning from Interim
Development Residential (ID-RS) zone to low Density Single-Family Residential (OPD-5) with a
Sensitive Areas Development Plan for 9.72-acres of property located on the west side of Foster Road
north of White Oak Place.
Walz said the property, located in the North District, contained sensitive environmental features including
regulated slopes, Iowa River Corridor floodway and woodlands. The applicant had requested a Planned
Development Overlay zone to allow clustering of two (2) twelve-unit multi-family buildings which would
provide minimal impact on the slope and woodland features. The applicant had requested waivers to
allow multi-family development in an RS-5 zone with additional waivers to allow buildings that exceeded
the 35-foot limit in an RS-5 zone and to allow parking between the building and the street due to the
grade of the sight. Due to a steep ravine that cut through the property, two-thirds of the site could not be
developable or provided with sewer; Staff estimated that at most 8 or 10 single-family homes could be
built on the remaining property. The applicant would be able to achieve a considerable density bonus
through the use of a planned development overlay.
Staff and the developer had worked closely to achieve a plan and building design that would be
compatible with the surrounding mostly single-family neighborhood. The proposed buildings would be
three stories high from the front and four stories high from the back. The prominent elevation of the site a
Planning and Zoning Commission
January 19, 2006
Page 2
top a knoll would make the buildings quite prominent along Foster Road. The buildings would be highly
visible from the adjacent single-family lots in Oakmont Estates from late fall through early spring when
there would not be leaves on the trees. The tree buffer that currently existed on the property would
remain. The developer had submitted a building design that addressed concerns related to both the
height and architectural compatibility and had used a variety of building materials including brick, stone
and fiber cement siding to emphasize the horizontal aspects and minimize the vertical aspects of the
buildings. This should help de-emphasize the height. The developer had wrapped the design features all
the way around each building so there would be architectural treatment to all sides of the building. The
rear of the buildings would be visible from the single-family lots on White Oak Place.
The developer had agreed to dedicate a considerable portion of the slope to the City as park land which
would potentially allow for the development of a low impact trail which would follow the contours of the
slope. The Parks and Recreation Commission had reviewed the proposed dedication and voted to accept
it. The amount of land to be dedicated would exceed the required .23-acres of land, would preserve the
valuable environmental feature of the woodland and slopes and would provide public access to a
historically significant scenic view of the Iowa River.
Walz said the proposal to cluster the multi-family buildings in accordance with the Sensitive Areas
Regulation was desirable in this location as was the issue of neighborhood compatibility in regards to
scale and the design of the proposed buildings. The applicant had addressed those issues through the
use of design and building materials that minimized the visual impact of the height of the buildings and
the architectural detail on the side and rear elevations of the buildings.
All deficiencies noted in the Staff Report had been resolved with the exception of the ability of the Fire
Department to get a fire engine in to the front circular drive of the proposed development. Walz said Staff
recommended approval of REZ05-00023, a rezoning of 9.72-acres of land from ID-RS to OPD-5 with a
Sensitive Areas Development Plan allowing the modification of the RS-5 requirements to allow two (2) 12-
unit multi-family buildings with exterior building material consisting of brick, stone and fiber cement board
siding, a building height of up to 47-feet and up to five parking spaces permitted in the area between the
building and the street subject to resolution of the turning radius issue being resolved prior to
consideration by City Council.
Miklo said the applicant, City Engineer, Fire Marshall and Staff planned to meet to try to resolve the
turning radius issue. It might be possible to achieve without adjusting the design of the driveway or an
adjustment for the driveway might be needed.
Koppes asked what was the distance between the rear of the proposed building and the back yards in
White Oak neighborhood. Schnittjer said it was 59-feet on one side and 153-feet to the south.
Brooks asked if the two adjoining subdivisions had dedicated any land to public open space. Miklo said in
Oakmont Estates to the south, Outlot A would be dedicated to the City. The area to the north, Mackinaw
Village, had chosen not to dedicate the area adjacent to the river, it would still be private open space.
Brooks asked if Mackinaw Village anticipated any type of trail along the river? Miklo said the goal was to
get a trail along the river although it would take some cooperation from the Mackinaw Village property
owners. Miklo indicated on the overhead map where the public lands would be; where potential access
to/from Foster Road to the parcel would be; and where the rock outcropping with a scenic view was
located. He said the area would be pretty rugged, Staff didn't anticipate a paved trail but a hiking trail.
Brooks said he liked the proposed style and that the trees along the street would help mitigate some of
the feeling of the building's height and location on top of the knoll.
Koppes asked if there was any concern regarding privacy with the proposed number of windows on the
side of the buildings that faced the houses. Miklo said given the distance there was not. Walz said there
had been more of a concern of avoiding a blank fa9ade on the sides of the buildings. Miklo said the
original plan had had very few windows and detail on the side. Even though the front of the buildings were
Planning and Zoning Commission
January 19, 2006
Page 3
quite elaborate and had a lot of detail, Staff had requested the windows on the sides. Driving up Foster
Road, the sides of the buildings would be much more visible than the front. Freerks said she thought the
windows helped, especially in the four-story area. She said the use of the brick, stone and fiber cement
board siding wouid give the building a quality appearance and help minimize the perception of height.
Brooks said he liked the combination of the materials as well, it would help the buildings to blend in with
what was in the area.
Public discussion was opened.
Larry Schnittier, MMS Consultants, said he was there to answer any questions the Commission had. The
developer requested a vote during the meeting if possibie. They'd been working with the Engineering
Department and intended to work with the Fire Marshall to resolve the turning radius issue as well.
Freerks asked how many bedrooms the units would have. Schnilljer said there wouid be two (2) two-
bedroom units and two (2) three-bedroom units on each floor. There was more than adequate parking.
They'd requested the additional five parking spaces for visitors in front to allow convenient drop-off and
deliveries. They would be condominium units. It was planned to commence construction on the south
building this year and complete the second building next year.
Schnittjer said the buildings would not be quite as high as the knoll was, they pianned to remove a portion
of the knoll to try to lower it otherwise the loop drive would be too steep.
Public discussion was closed.
Motion: Smith made a motion to approve REZ05-00023, a rezoning of 9.72-acres of land from ID-RS to
OPD-5 with a Sensitive Areas Development Plan allowing the modification of the RS-5 requirements to
allow two (2) 12-unit multi-family buildings with exterior building material consisting of brick, stone and
fiber cement board siding, a building height of up to 47-feet and up to five parking spaces permitted in the
area between the building and the street subject to resolution of the turning radius issue being resolved
prior to consideration by City Council. Freerks seconded the motion.
The motion passed on a vote of 6-0 (Plahutnik absent).
ANNEXATION ITEM:
ANN06-00001, discussion of a City initiated application to annex .35-acres of land located on Camp
Cardinal Road adjacent to Cardinal Ridge Subdivision.
Miklo said in 2005 the City had severed approximately 194-acres of property in the northwest corner. The
area gravity flowed into Coralville so it would not be easily sewered by Iowa City sewer system. As part of
that annexation a small portion of Camp Cardinal Road had been de-annexed. Coralville was in the
process of de-annexing that section and Iowa City was proposing to annex it. The property would be
zoned OSA-5 consistent with the remainder of the Cardinal Ridge Subdivision. Staff recommended
approval of ANN06-00001, an annexation of .35-acres of property located on Camp Cardinal Road.
Public discussion was opened. There was none. Public discussion was closed.
Motion: Anciaux made a motion to approve ANN06-00001. Koppes seconded the motion.
The motion passed on a vote of 6-0 (Plahutnik absent).
OTHER ITEMS:
Shannon requested Staff to investigate the current status of a house located at the northwest corner of
Lewis Place and Foster Road, the Bud Lewis home. An arrangement had been made to allow the drive to
Planning and Zoning Commission
January 19, 2006
Page 4
the Lewis property to remain open until such time as Mr. Lewis no longer lived there. Recently Mr. Lewis
had passed away but the drive remained open. Would now be the appropriate time to resoive that the
driveway remained open onto the arterial street? Miklo said he would check the file and report back to the
Commission.
Commission Work Program: Miklo said Staff would like to discuss the priority of the items on the
Commission's work program. He said currently the work program includes: 1.) Subdivision Regulations,
2.) Central Planning District, 3.) Southeast Planning District, 4.) CB-2 standards,S.) Review of Sign
Ordinance, 6.) Investigate methods of protecting landmark trees and 7.) Update Open Space
Plan/Ordinance. Staff hoped to have a draft of the Subdivision Regulations to the Commission in the
spring and then staff would proceed on one of the district plans. There had been some interest
expressed by the Council to pass over the Central District and go to the Southeast District.
Currently the Central Planning District, which basicaiiy includes the neighborhoods surrounding
downtown, had been on the work list for quite some time. Miklo suggested that when the Commission
reviewed the District they might want to break it down into smaiier sub areas. There were some
organized neighborhood groups in the district. There were different issues that would be important for
different areas. The same had been done with the Southwest District.
He said the Southeast District (Court Street on the north, Highway 6 on the south, First Avenue on the
west) included issues associated with the industrial park areas and residential development. The area
contained railroad access which was important for some industries. It had been the .City's policy to
reserve the area north of the railroad for future industrial development. There was interest for additional
residential development in the area south of American Legion Road so it would be a key issue to
determine how to get a transition or a buffer between those two areas. Capital improvements would be
required to bring sewer and arterial street access into that area. Miklo said that the existing mobile home
parks might resist annexation into the city, but if the city were to grow to the east they would have to be
annexed in at some point.
In response to a question from the Commission about staff time, Miklo said that it took anywhere from
one to two years to complete a District Plan depending on the complexity of the neighborhoods. Staff
collected data, had meetings with property owners, interest groups in the neighborhood and community-
wide meetings before they even started a draft of the Plan. He said the number of rezoning, subdivision
and Board of Adjustment cases affected the amount of time staff could devote to the district planning
process, because the same staff members were responsible for long term and current planning.
Before Staff had started the Zoning Code review, the Central District and the Southeast District had
already been identified in that order of priority. The Northwest District and the North Corridor District were
the oniy other areas where a district plan had not been completed. They were less of a priority because
the Northwest District included the area covered by the Cardinal Ridge Master Plan or was owned by the
University. The North Corridor located north of Interstate 80 would require some major sewer upgrades
and annexation.
Smith said based on the current development of the Central District, potential issues over the next few
years seemed to lie more with the Southeast District so the Commission should try to address those first.
Freerks said she could see both sides of the coin, but there were issues with the Central District as had
been evidenced when they'd tried to eliminate the CB-2 zone and the issues that had arisen with Pagliais'
Pizza and their potential for future development. There were issues regarding potential redevelopment
and neighborhood preservation and improvement within the Central District and it would be easy to
temporarily step over them. She remembered when they'd passed over the Central District to do the
Southwest District and it had been put aside again when the Commission had done the Zoning Code
review. There were neighborhood groups who were poised and ready, they had been told that the Central
District would be reviewed next. It would be more than just particular neighborhood issues but they would
need to consider redevelopment of some areas. However, for areas that needed planning and didn't have
anything there currently, such as the Southeast District, it would be an easier area to make a plan and not
Planning and Zoning Commission
January 19, 2006
Page 5
to have to deal with the more complex issues of redevelopment. Freerks said that she did not want to
loose tract of a comprehensive approach to the whole city. She said that we should remember that
growth in the outlying districts also affects the Central District as much of the traffic generated by new
development is directed into the Central District. Freerks said she hated to put aside the Central District
again.
Brooks said he felt before the Commission reviewed the Central District, they would need to review the
CB-2 zone. Koppes and Freerks said the items overlapped each other and should be done at the same
time. Brooks said he was concerned about the potential for conflicts between the industrial and residential
development in the Southeast District and not allowing the situation to perpetuate itself as had happened
with Village Green and the issues of the neighborhood, the noise and inadequate buffer between
residential and industrial. He did not wish to see a situation occur in which the City would not be able to
react quickly enough to prevent that same type of situation. It was concerning with the area south of the
railroad tracks being industrial and to the north was residential with expectations of a nice quiet residential
environment.
Freerks asked Miklo if the Southeast District Plan might take less time than some of the other districts.
Miklo said that was hard to say but there did seem to be a limited number of issues to be addressed in
the area. There would be the industrial/residentiai juxtaposition and some possible issues around the
Sycamore Mall area but he didn't see any other significant issues at this point.
Freerks said she envisioned the Central District taking a tremendous amount of time and effort which she
felt would be necessary given the complexity and diversity of the area. She was very hesitant to say 'skip
over' the Central District again because she wanted the Council to be aware that there currently were and
would be a lot of issues. If the Commission agreed to delay reviewing the Central District Plan once more,
then the Commission really needed to commit to reviewing it very soon. She was willing to agree to
reviewing the Southeast District first because it should take less time and there would be some
opportunities to iron problems out before they occurred.
Brooks said he realized that it was a budgetary issue that limited Staff to a certain level of commitment
which created part of the problem of priorities and Staff availability for the Commission. Potentially they
were looking at2+ years before being able to finish the Central District Plan.
Freerks said she felt they'd regret their decision if it took that long to finish, she hoped it would take less
time. Brooks said he felt the Central Planning District would be a rather protracted project, he envisioned
that 18- or even 24-months was not being unrealistic. Before they even tackled the Southeast District it
could be 24-months and then 6 additional months of time.
Freerks said it had been six-years since they'd talked about the Central Planning District.
Brooks said to him it was a staffing problem as the same staff that did long range planning also had to
deal with current protects, he was well aware of the length of time that the Central District review had
been waiting. He felt the other pending tasks such as the sign ordinance would not be easy and would
take a considerable amount of Staffs time.
Freerks asked if it would be possible to notify the neighborhood associations and interest groups as to the
Commission's work program; she was aware that there were people who'd been told and were expecting
that the Central Planning District would be reviewed next. She said that it was an issue when the
Northside Historic District was defeated. Occasionally they'd received inquiries as to "when". Freerks said
if they reviewed the Southeast District before the Central District, she didn't want to see anything else
come before it again, there were too many important issues. The CB-2 zone should be done at the same
time as the Central District. Koppes and Brooks agreed that the Central District and the CB-2 zone were
interlocked issues.
Schnilljer said he appreciated the opportunity to listen to the Commission's discussion. He wished to
share that the Industrial Park in the Southeast district was filling up rapidly. They were currently working
Planning and Zoning Commission
January 19, 2006
Page 6
on plans for more warehouses in that area, but once it was full where was the City going to go? The City
needed that industrial tax base.
Regarding the remainder of the priorities, Koppes said she'd prefer to have a review of the landmark trees
undertaken prior to a review of the sign ordinance. Freerks said she'd be willing to have a review of the
landmark trees undertaken first as well. Brooks said he felt the sign ordinance would present itself again
and become an issue.
The Commission agreed that their work program priorities would be: 1) Subdivision Regulations, 2)
Southeast Planning District and 3) Central Pianning District coupled wi review of CB-2 Standards. The
priority of the remaining items on the list would be revisited next year. Miklo said that it was a good idea
to review the status of the work program annually and to adjust it as necessary.
Brooks said to summarize their discussion, the Commission realized that because of the limitations on
Staff's time and availability that the above listed items potentially could take the Commission into 2008
and that the Commission didn't feel that that was the most ideal situation for encouraging and promoting
economic development and growth within the community. Perhaps there needed to be more attention
given to providing staffing levels and availability that would allow the Commission to move ahead in a
more expeditious and timely manner to get the Commission's identified priorities completed. Brooks said
an excellent point had been made in that if the industrial area filled up there would be a real pressure to
do something. If the Commission was not poised to give some guidance they would be reacting instead of
leading the process. Freerks agreed that those points should be clearly made to the Council. Brooks
agreed to attend the meeting when the Council discusses the Commission's work program priorities.
Miklo distributed the list of upcoming rotations for attending City Council meetings.
CONSIDERATION OF 1/5/06 MEETING MINUTES:
Motion: Smith made a motion to approve the minutes as typed and corrected. Anciaux seconded.
The motion passed on a vote of 6-0, (Plahutnik absent).
ADJOURNMENT:
Motion: Freerks made a motion to adjourn the meeting. Koppes seconded.
The motion carried on a vote of 6-0, (Plahutnik absent).
The meeting was adjourned at 8:20 pm.
Elizabeth Koppes, Secretary
Minutes submitted by Candy Barnhill
s:/pcd/minutes/p&zl2006!01-19-06.doc
I
Iowa City Planning & Zoning Commission
Attendance Record
2006
I FORMAL MEETING
I Term
Name Expires 1/5 1/19
D. Anciaux 05/06 X X
I B. Brooks 05/10 X X
I A. Freerks 05/08 X X
E. Koppes 05/07 OlE X
I W Plahulnik 05/10 X OlE
I D.Shannon 05/08 X X
, T. Smilh 05/06 X X
,
I
,
I
INFORMAL MEETING
Term
Name Expi res
D. Anciaux 05/06
B. Brooks 05/10
I A. Freerks 05/08
E. Koppes 05/07
W Plahulnik 05/10
I D.Shannon 05/08
,
I T. Smith 05/06
I
I
Key:
X = Present
0 = Absent
OlE = AbsenVExcused
N/M= No Meeting
~
MINUTES APPROVED
IOWA CITY BOARD OF APPEALS
MONDAY, JANUARY 9, 2006
TRANSIT BUILDING CONFERENCE ROOM, 1200 S. RIVERSIDE DRIVE
IOWA CITY, IA
MEMBERS PRESENT: John Roffman, Steve Buckman, Gary Haman, Tim Fehr,
AI Gerard, Chad Campion
MEMBERS ABSENT: Doug DuCharme
STAFF PRESENT: Tim Hennes (Senior Building Inspector), Bernie Osvald,
(Plumbing Inspector), Pat Hansen (Electrical Inspector)
Roger Jensen (Fire Marshall), Sue Dulek (Assistant
City Attorney), Jann Ream (Code Enforcement Assistant
acting as minute taker)
OTHERS PRESENT: Roger Hicks, Russ Redlinger, Julie Muller (Muller Plumbing),
Scott Wiles, Jim Flemming, (J & S Plumbing & Heating), Pat
Latta, Ken Kiene (Latta/Kiene Plumbing), Ginny Blair (Rose
Water Plumbing), Jane Hagedorn (Bea Day Plumbing), Jim
Mulford (Mulford Plumbing), Rick Chambers (Chambers
Electric)
RECOMMENDATIONS TO COUNCIL:
None.
CALL TO ORDER:
Chairperson Roffman called the meeting to order at 4:05.
Election of Officers for 2006.
Roffman introduced the two new members to the Board, Chad Campion and AI
Gerard. He also asked the staff and public present to introduce themselves.
MOTION: Haman nominated John Roffman to continue as the chairperson for the
Board. Fehr seconded. Motion passed unopposed.
MOTION: Haman nominated Steve Buckman to be vice-chairperson for the Board.
Campion seconded. Motion passed unopposed.
CONSIDERATION OF MINUTES:
Minutes from the May 24, 2005 meeting were reviewed. Members asked that future
draft minutes be sent to them when draft minutes are sent to City Council.
MOTION: Haman moved to accept the minutes. Buckman seconded. Motion passed
unopposed.
Discussion of licensed plumber's concerns about havinq to attend the 8 hour update
class.
Hennes explained the issue before the Board. He stated that when the licensing
section of the City Code was consolidated, it was proposed that licensed plumbers be
required to take an 8 hour update class whenever a new plumbing code was adopted.
This would mirror what was required of licensed electricians. This was adopted. The
update class for plumbers was required when the 2000 Uniform Plumbing Code was
adopted and now this year it was required for the 2003 UPC so it is the second time
the class has been required. Hennes said he did not remember any issues the first
time the class was required but this time there was a problem with getting classes
scheduled.
Osvald explained that Kirkwood Community College had previously taken care of
scheduling the classes and scheduled them on Saturdays which was the preference
of the plumbers. Six classes were offered the first time. This time the instructor at
Kirkwood had moved out of state and they did not have a new instructor hired at the
time the classes for the 2003 UPC update were being planned. So IAPMO
(International Association of Plumbing and Mechanical Officials) was contacted by the
Iowa City building department to see if they could provide a class. IAPMO did set up a
class - for a weekday - and notification was sent to the licensed plumbers. A few
weeks later, Kirkwood notified the building department that they had hired a new
instructor and this instructor could also provide an update class. So a class from
Kirkwood was also scheduled but a number of plumbers had already signed up for the
IAPMO class. Osvald said he attended both classes. The problem with the IAPMO
class was that it was on a weekday so the plumbers lost a day of work. Also the
IAPMO class was more expensive and did not seem to be as relevant to the Iowa City
plumbers as the Kirkwood class.
Several of the plumbers stated their concerns with the update class. Consensus was
that the class should just cover the changes to the code and not try to cover the whole
code. Maybe this would take 8 hours and maybe it wouldn't depending on the extent
of the changes. The class should not be on a weekday and the instructor should be
local and gear the class toward the local area.
Campion asked if this just wasn't a work in progress and stated that there was no
reason to scrap the whole concept jf the Board could address the concerns of the
local licensed plumbers.
Osvald said it was learning process but that it was good idea to have update classes
so that plumbers would be aware of any code changes.
Haman stated that he thought the Kirkwood instructor had done a good job of just
explaining the changes. He thought that also that the plumbing inspector should be at
the classes to go over the local amendments to the plumbing code.
Chambers explained that there were other organizations that could teach classes,
provide teaching materials or provide additional instructors at Kirkwood.
Chambers and Haman both stated that 8 hours might not be needed depending on
the extent of the changes.
Campion asked what other municipalities require. Cedar Rapids does not require a
code update class.
Hennes emphasized that it was a learning process and that the mistakes that
occurred this time could easily be avoided during the next code cycle. They could
make sure that the class was not taught on a weekday and provide many more
opportunities to take the class.
Mulford asked if staff could teach the class. Hennes explained that staff really did not
have time to develop a class or teach it. He explained that any plumber could develop
a class and get certified to teach it -that is what Rick Chambers had done for the
electricians. Mulford then asked if Iowa City would consider dropping the requirement
for the update class entirely since Cedar Rapids no longer requires it. Hennes stated
that as staff, he would advocate strongly for keeping the class. But, if the Board felt
that the requirement could be dropped, they would take it to Council and amend the
ordinance.
Mulford stated that he wasn't against the class in concept as long as it was just limited
to the code changes and wasn't necessarily 8 hours.
Hansen emphasized that taking a class really would save the plumbers money in the
long run since they would not have to tear something out and then redo it because
they hadn't known that a particular code had changed.
Hennes said that staff would start planning the classes earlier and make sure that
there were many options such as number of classes on different days or evenings
and local instructors who would gear the class toward Iowa City's local amendments
and issues.
Roffman added that as long as the instructor felt he had covered all of changes, that
the instructor had the authority to determine exactly how long the class lasts. If it was
less than 8 hours, it would still count as the required update class. He added that
unless the Board wanted to make significant changes to the code, they would keep
things as they were and would strive to make the discussed changes to the class
during the next code update cycle.
OTHER BUSINESS:
The next meeting was scheduled for February 6, 2006 if there are any appeals.
Jensen informed the Board of the Fire Prevention Advisory Committee. The
committee meets every 2nd Wednesday of every odd month for about 1-2 hours
starting at 7:30 in the morning. The committee consists of Iowa City contractors and
other licensed professional to discuss a range of issues and topics concerning fire
prevention and code requirements. Jensen invited the Board to attend any meetings.
Jensen informed the Board that the Fire Department now has a full time fire inspector
- Steve Stimmel.
He also explained that the Fire Department now had a fire sprinkler demonstration
trailer that could actually demonstrate how a sprinkler works and provides classroom
space for further education. He said he would invite the Board for a demonstration
sometime in the spring. The Board suggested some other venues for demonstrations
of the fire prevention trailer.
ADJOURNMENT:
Haman moved to adjourn the meeting. Campion seconded. The meeting was
adjourned at 5:00 PM.
John Roffman, Board of Appeals Chairperson
Date
NAME
Gary Haman
Steve Buckman
Doug DuCharme
Tim Fehr
John Roffman
Chad Campion
AI Gerard
KEY
X = present
o = absent
OlE = absent/excused
NM = No meeting
_ = not a member
TERM EXPIRES
12/31/2007
12/31/2006
12/31/2009
12/31/2008
12/31/2007
12/31/2008
12/31/2010
Board of Appeals
Attendance Record
2006
1/9/2006
X
X
OlE
X
X
X
X