HomeMy WebLinkAbout2010-08-31 Bd Comm minutesMINUTES 2b(1
HUMAN RIGHTS COMMISSION APPROVED
July 20, 2010
LOBBY CONFERENCE ROOM, CITY HALL
Members Present: Dell Briggs, Wangui Gathua, Martha Lubaroff, Yolanda Spears, Connie Cuttell.
Members Absent: Fernando Mena-Carrasco, Corey Stoglin, Howard Cowen, Dianne Day.
Staff Present: Stefanie Bowers.
Others Present: Kelsey Kramer.
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None.
CALL TO ORDER
Chair Briggs called the meeting to order at 6:02 p.m.
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: Kelsey Kramer introduced herself to Commissioners.
Kramer is the AmeriCorps with the University of Iowa Center for Human Rights. Lubaroff spoke briefly on
discussions Commissioners have after meetings particularly after the May meeting. Lubaroff feels that the
Commission should do a better job of not discussing matters/opinions post meeting.
CONSIDERATION OF THE MINUTES OF THE June 15, 2010 MEETING:
Lubaroff, moved to approve.
Cuttell seconded.
The motion passed 5-0.
CORALVILLE 4`h FEST PARADE REPORT
Due to the length of the walk-2 miles along with the heat index Commissioners were unable to participate in
this event.
BREAKFAST KEYNOTE SPEAKER
Bowers reported that because she cannot confirm the room reservation prior to July 28th the Keynote selected
will be asked to speak after the 28tH
ADA TRAINING
ADA training will be held on October 6th. There is a morning and afternoon session. Cuttell will cover the
morning and Lubaroff will do the afternoon.
STRENGTHENING LATINO/A COMMUNITIES PROGRAM
Commissioners asked that this item be deferred to the August meeting when more Commissioners will be
present.
SUBCOMMITTEE UPDATES
Cuttell (Gathua, Day) reported that the program on immigration has been deferred. Subcommittee members
have instead focused their efforts on the Speaker's Bureau. Spears (Lubaroff, Mena-Carrasco) reported that
subcommittee members still hope to be able to create a program on bullying this year. Briggs (Cowen, Stoglin)
reported that subcommittee members are trying to find a replacement day and time for the program they have
been planning for sometime.
Human Rights Commission
July 20, 2010
Page 2 of 3
SPEAKER'S BUREAU
Commissioners voted to participate in this ongoing program
Rights. However, they may change the name to something
Cuttell, Lubaroff and Day have agreed to become trainers.
Briggs, moved to participate.
Lubaroff, seconded.
The motion passed 5-0.
with the University of Iowa Center for Human
less formal in the near future. Commissioners
DIVERSITY DIALOGUE CIRCLES
Bowers informed the Commission that the Circles will not be scheduled for this summer but will hopefully
resume in the fall when the facilitators are available.
REPORTS OF COMMISSIONERS
Cuttell mentioned a program being held at the Iowa City Public Library-Gregory Boyle a Catholic Priest who
will speak on his work with gangs in Los Angeles. Lubaroff reminded Commissioners of the ADA 20`h
Anniversary Observation being held on July 24`h. Lubaroff also spoke of her volunteer work at the Broadway
Neighborhood Center. Gathua reported on a fundraising project her non profit is holding entitled Project Cans
for Girls. In addition, Gathua reminded Commissioners that small acts of kindness truly do make a difference in
lives. Spears reported that she will be participating in a Cancer Awareness Walk in San Francisco in October.
She will be walking 60 miles over two days to raise funds for cancer research.
ADJOURNMENT
Briggs moved to adjourn.
Spears seconded.
The motion passed 5-0 at 18:45.
Human Rights Commission
July 20, 2010
Page 3 of 3
Human Rights Commission
ATTENDANCE RECORD
2010
/MPPtina Datel
NAME TERM
EXP.
1/19
2/16
3/16
4/20
5/18
6/15
7/20
8/17
9/21
10/19
11116
12/21
Dell Briggs 1/1/11 X X O/E X X X X
Yolanda
Spears 1/1/11 X O/E X X O/E O/E X
Corey
Stoglin 1/1/11 O/E O/E X O/E X O/E O/E
Dianne Day 1/1/12 X X X O/E X X O/E
Wangui
Gathua 1/1/12 X O/E O/E X X X X
Martha
Lubaroff 1/1/12 X X X X X O/E X
Howard
Cowen 1/1/13 X X X X O/E X O/E
Constance
Goeb-
Cuttell 1/1/13 X O/E X X X X X
Fernando
Mena-
Carrasco 1/1113 X X O/E X X X O/E R R R R R
Harry
Olmstead
(8-1-2010) 1/1/13 - - - - - - -
KEY:
X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting/No Quorum
R =Resigned
- = Not a Member
08-31-10
2b 2
MINUTES APPROVED
PLANNING AND ZONING COMMISSION
JUNE 17, 2010 - 7:00 PM -FORMAL
CITY HALL, EMMA J. HARVAT HALL
MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Elizabeth Koppes,
Michelle Payne, Wally Plahutnik, Tim Weitzel
MEMBERS ABSENT: Josh Busard
STAFF PRESENT: Bob Miklo, Sara Greenwood Hektoen, Julie Tallman
OTHERS PRESENT: None
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order by Chairperson Ann Freerks at 7:00 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
CODE AMENDMENT ITEM:
Discussion of amendments to Title 14: Zoning Code, Article J. Floodplain Management
Standards to regulate the 100 and 500 year floodplain.
Miklo noted that there were several questions that had come up at the informal meeting, and
that staff would try to answer most of them; he said that some would need to be followed-up on
in the next discussion session. Miklo said that staff does not anticipate that the Commission will
vote on this matter at this evening's meeting. He said the purpose of this meeting is to take
public comments and get some reaction to the proposed amendment.
Tallman stated that many comments and suggestions made by Commissioners at the informal
meeting have been incorporated into the ordinance. In particular, language with varied
references to different types of floods and flood levels has been adjusted. She said she had
spoken with the Airport Manager about his concerns regarding the shallow nature of Willow
Creek's flood patterns. Staff noted that there is no definition for "addition" in the guidance
provided by the Iowa Department of Natural Resources (IDNR). She said that one of the most
important things that staff uncovered after the work session was that she had been operating
under the fundamental assumption that lateral additions to residential structures need not
require elevation of the entire structure. The current practice in applying floodplain regulations
to substantial improvements (and lateral additions specifically) has been to require that a lateral
addition must be elevated to one foot above the flood hazard elevation. The existing structure
has been exempt from the elevation standard as long as the common wall is retained and there
are not significant improvements made to the existing structure. She said that this needs to be
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June 17, 2010 -Formal
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taken back for staff discussion, because several staff members feel that perhaps even a lateral
addition should require the structure to be elevated or flood-proofed to the level required by the
new ordinance. She said that staff needed to sort that out. She said she was going through the
last ten years of floodplain permits to get an idea of what kinds of improvements were being
made and when they were taking place. She said she had come across some that were fairly
small, like the addition of a screened in porch, but had been considered substantial
improvements. She said she wanted to look more closely at those to get an idea of what some
of the impacts might be if a more strict interpretation was applied.
Tallman said she had spoken with Tom Bockenstedt who had concerns about Idyllwild and the
peculiarities of a condominium regime, and the potential impact of new regulations in terms of
building styles and appearances on a development that is already 75% built out. Tallman said
that the condominium issue itself presents challenges to staff in terms of how to approach it with
floodplain regulations.
Tallman asked if any Commissioners had come up with new questions in the time they had had
to think about the issue. Koppes said that she had a question that occurred to her as a result of
the recent flash flooding that had occurred in Iowa City. She asked if the areas that had been
flash flooded were all indicated as flood zones on the most recent flood maps. Tallman said that
she doubted that they were, and that in fact she knew that Sandusky, Boyrum, and Olde Town
Village all experienced flash flooding and were not highlighted on the floodplain maps. She said
that foundations had collapsed all over town, one on Spring Street, one on Davenport Street,
due to the sheer volume of water from the event. She said problems arose all over town that
had nothing to do with whether or not the structure was in a floodplain. Koppes said that it
seemed that none of the new regulations addressed these flash flooding issues, and that it
seemed as though it was appropriate that they should not. Tallman agreed that the regulations
should not address that type of flash flooding event. She said that these ordinances are related
to floodplains for mapped bodies of water.
Freerks noted that it would be helpful to include illustrations in the document. Tallman agreed.
Freerks asked if the floodplain standards had taken into account standards of reimbursement
and damage levels that insurance companies use. She proposed a scenario in which a small
home located in a floodplain was damaged by fire at a 51 % level. She said according to the
regulations the structure would need to be elevated in order to be rebuilt, but that might not be
in line with what the insurance company would be willing to pay for. Freerks said these are
important issues to take into consideration. Tallman said it was important to note that if these
changes were adopted into code, there would be a difference between the City of Iowa City's
administration of floodplain regulations and the insurance necessary. The insurance
requirement is still fixed to the 100-year floodplain, Tallman said; that would not change.
Tallman said that if people do not comply fully with the City's standards, then they do wind up
paying higher insurance premiums. She said that this also can happen simply as a result of
change in ownership. Freerks said she simply wanted staff and the Commission to consider this
issue as discussions continued. Tallman said she would consult a local insurance agent she
knew of who was very well-versed in flood issues. Eastham said his understanding of Freerks'
question was whether a homeowner's insurance would cover the additional cost of elevating a
structure as required by the City's floodplain regulations if the home was damaged in a non-
flood event such as fire or tornado. Tallman said that was a very good question. Freerks said
she did not want to enact regulations that left someone in a situation where they could not live in
their home, could not pay to get the necessary elevation done, and could not get their insurance
to cover those costs because they were in the 500-year floodplain.
Planning and Zoning Commission
June 17, 2010 -Formal
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Plahutnik acknowledged that some changes needed to made to the City's floodplain ordinance.
Plahutnik said that at some point in the process, the Commissioners had been asked what the
goals were that they had in mind for the changes to the floodplain ordinance. He said that for
him, the primary goal was to inhibit or dis-incentivize building in a floodplain. He said that it is a
simple issue: it is a floodplain, therefore, you should not build there. He said that the worst-case
scenario to this view is that the city winds up with a lot of green space in the middle of the city
along its prettiest feature, which seems like a positive to him. Plahutnik said that if the City is
trying to dis-incentivize building in a floodplain, or even attempting to reduce the amount of
current housing in a floodplain (as was done with the buy-out program), then pretty Draconian
measures are called for. Plahutnik said that it might help direct discussion if staff could simply
tell the Commission what their goals were when they began drafting the ordinance changes.
Tallman said that this discussion occurred briefly after the 1993 flood event, but did not last very
long. After the 2008 floods, when the State was considering much different floodplain
regulations, staff began discussing this issue again. She said that staff was updated regularly on
the language that was being proposed at the state level, and many of those ideas and
recommendations are incorporated into the document before the Commission. Tallman said that
at the state level they were told over and over again by a gentleman on the Water Resources
Bureau of the IDNR that he had been entrusted with this effort because the State cannot afford
to bail communities out anymore. She said that this is a pretty pragmatic and compelling reason
for change. Tallman said that the idea of living in a community that could not help people the
way Iowa City had been able to help people who lived on Normandy Drive is a pretty terrifying
one. She said that there are countless real life stories from the floods of retired individuals of
modest means who had only their homes as assets, and now cannot live in them or repair them.
She said that predictive models can, to an extent, help communities try to avoid those situations
in the future.
Payne asked if Tallman would agree with Plahutnik that the idea behind the proposed
amendment should be to discourage or de-incentivize building in a floodplain. Tallman said she
believed the language addressed eliminating and reducing unnecessary risks. Freerks referred
to 14-5-J-1, saying that it contained language outlining the purpose of the ordinance. Miklo said
that as the ordinance is written the main goal is to ensure that buildings built in floodplains are
elevated or flood-proofed. Miklo said the cost of elevating buildings may discourage
development, but the ordinance itself does not prohibit building in the floodplain, except in the
instance of critical facilities, Greenwood Hektoen said that one way of thinking of the ordinance
was as encouraging more responsible development in the floodplain. Tallman said that Idyllwild
is a really good example of a development where someone was readily aware that the property
was in a floodplain and all the risks that were associated with that, but chose nonetheless to
develop the property and actively worked to have the floodplain designation removed. Tallman
said the perception of risk decreases over time. She said that property owners who knowingly
accept and prepare for the risks of living in a floodplain, such as those who built their homes
eight feet above the ground, should not be deprived of their right to live along the river. It is
those homebuyers and residents who are not aware of the risks who should be protected. Miklo
said the improvement that occurs with this ordinance is that building elevation would have to be
to the 500-year flood level, rather than the 100-year level, which would have made the Idyllwild
situation much better in the 2008 floods.
Payne said that it appears to her that all of the homes that were bought-out on Normandy Drive
were in the 100-year flood level. However, that entire area is in the 500-year flood level. She
asked if enacting this ordinance meant that the City would wind up buying the rest of the homes
in that area if another flood like the 2008 flood occurred. Miklo said he believed the City is
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June 17, 2010 -Formal
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currently buying out some houses in the 500-year floodplain on Normandy. Miklo noted that the
City is not required to buy homeowners out, and this ordinance would not change that. Payne
said she had not thought the City was required to buy-out flooded homeowners; however, the
City is buying them out nonetheless. Greenwood Hektoen said that any buy-out is contingent on
what funding source and its requirements. Payne asked if it was typical for those kinds of grants
to include the 500-year floodplain. Tallman said the CDBG grants included the 500-year
floodplain. Miklo said that he did not believe that FEMA grants included the 500-year floodplain;
he said it was the state that brought in extra funding for the 500-year level. Tallman said FEMA
will only buy structures in the 100-year floodplain. She said that had became another interesting
tale after the flood. She said that there were many homes that had been certified as being
elevated out of the floodplain that had been found by the Public Works Department after the
floods to be eligible for the buyout because of an area of compression around their foundations.
Tallman said the system is a kind of artificial one; when an inch of land can make all the
difference on whether or not a flooded homeowner can be bought out or not, that is a great
difference made in a life by a very small difference in measurement. However, she said, that is
the best system available at this time.
Payne said that it seems to her that people want to do exactly the minimum of what they need to
do in order to be certified as not being in a floodplain; they want to get out of the expense of
paying for flood insurance so they look for ways to get out of being certified as being in a
floodplain. Payne said that the little bit of money such homeowners would have paid in flood
insurance would have meant a whole lot in 2008.
Eastham said that as he understands the National Flood Insurance Program, a homeowner is
only required to purchase flood insurance if they have a mortgage loan with a federally insured
lender. Eastham said that homeowners who are not required to purchase flood insurance by
federal regulation still have the option to purchase it at their discretion.
Miklo said that he did not see how regulating the 500-year floodplain would necessarily result in
the City buying out more homes in a similar flood event. Weitzel said that in some ways the
opposite could be true: if the focus is on flood prevention measures, there may be fewer homes
to buy out. Payne said her concern had been about homes in existence prior to the ordinance
taking effect. Weitzel said that the ordinance said nothing about the City buying out flooded
property owners. Payne said she understood that, but that it was more of a perception issue.
Koppes said that there are so many rules regarding varying buy-outs that it is impossible to
debate them in advance. Koppes said her brother had lost his home to the 2008 flood in Cedar
Rapids. She said that Cedar Rapids had actually already torn his home down, and he still had
no buy-out agreement, so the issue is very complex.
Plahutnik said he agreed with the sentiment expressed by Tallman when she said that those
homeowners who were aware of the risks, had sought to remedy them, and were willing to take
them on, should not be prohibited from living in a floodplain. Miklo noted that there is still an
issue of public expense in those cases. He said that because there could be public efforts in
trying to sandbag or otherwise protect those properties, as well as clean-up expenses after the
flood event, the risk and the effect is not taken solely by the homeowners; the larger community
is affected.
Eastham said he is inclined to argue that new residential structures should not be established in
100 and 500-year floodplains. He said that while he understands an individual's desire to live
wherever that individual wants, there is a lot of public money that has gone into repairing private
homes since the floods of 2008. Eastham said the City does a lot of regulation that prevents
Planning and Zoning Commission
June 17, 2010 -Formal
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people from exercising their freedom of choice. He said he did not have any particular problem
with regulating this freedom of choice. He said there is a lot of land available to build on in Iowa
City. Freerks noted that Commissioners are not necessarily supposed to be making up their
minds at this point; rather, this is more of a question and answer period. Eastham said that the
question he has for staff is whether it would be possible to construct an ordinance that would not
allow new residential construction along the Iowa River Corridor for elevations below the 500-
year floodplain. Miklo said that would be something that staff would have to research. They
would have to closely examine what the other implications of such an ordinance would be. Miklo
said that if there is a majority of the Commission that would like to study that then staff could
certainly take some more time to do so. Freerks said it could be discussed further when the
public hearing was opened. Koppes asked why commercial construction would be allowed if
residential was prohibited. Eastham said that he would be willing to examine that as well.
Weitzel said that the accuracy of flood maps has been called into question since the 2008 flood.
He asked how confident staff was that the maps being used are the best available maps.
Tallman said that in her own experience the maps are good predictors and important tools to
use; however, properties at the edges of floodplains are always somewhat questionable. She
said that often it comes down to the results of a ground survey, and she agreed with Payne's
comments that sometimes all people want to know is how to get out of the mandatory flood
insurance requirement. Tallman said that one of the ways to get around the flood insurance
requirement is to hire a surveyor to find the lowest grade, shoot it, send it in, and say this is
higher than the flood elevation. Weitzel noted that this does provide some sort of alternative to
the map. Tallman said that it does, but that it has caused a lot of heartache. Tallman said she
thinks the maps are okay, and that they are going to get better. She said that when the maps
are not correct, proving that they are not correct is a real headache and takes time, though it
can be done. Weitzel asked if it was the property owner who would have to pay for the survey.
Tallman said that it generally is the property owner. In instances where a broad swath of land
has been inappropriately identified as being in a floodplain, the City will do all that it can to
resolve the issue with FEMA.
Eastham asked if staff had considered using the Iowa Flood Center's elevations for the 500-
year or 100-year flood event. Tallman said they could if they were made available to them. She
said that the Iowa Flood Center is using something called LIDAR mapping, which is a joint effort
from IDNR and USGS for more accurate mapping across the state. Taking that mapping and
providing it to FEMA to get new flood maps is a long process that could take a couple of years.
Tallman said that the data can be used locally, but the City cannot change FEMA maps. A flood
map issued by FEMA is formally known as the Flood Insurance Rate Map (FIRM). Iowa City
can submit data and request changes on the FIRM, but changes are subject to FEMA review
and approval. More to the point, Iowa City can use a mapping source that provides more detail
than the FIRM (flood insurance study profiles, the Shive-Hattery maps at 1:100 scale) but
floodplain delineators and lending institutions and insurance agencies will only rely on what is
shown on the FIRM. This can lead to confusion on the part of a property owner, but using data
other than the FIRM is necessary when precise elevations are required.
Eastham asked Tallman how non-FEMA maps could be used locally. She replied that the City
could use whatever map was most accurate in the administration of building code to make a
determination of whether a structure (not a lot, but a structure) is in the floodplain. Eastham
asked if it was the case that the City could decide not to issue a building permit based upon
data derived from non-FEMA maps. Miklo said that building permits are not denied based on
floodplain information; rather, building permits are issued only if the building is elevated to the
required level. Miklo said that he did not believe this ordinance was capable of prohibiting a
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June 17, 2010 -Formal
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building permit unless the structure was in the floodway. Greenwood Hektoen said that the map
referred to in the ordinance is the Johnson County, Iowa Incorporated Areas Flood Insurance
Rate Map. She said that is the map that is referred to when applying and interpreting this code
section. Tallman said that this map is not new.
Freerks asked why the date referred to in the ordinance was changed from June 5, 1985, to
May 2, 1977. Tallman said that Iowa City's first floodplain management map and study was
done in May 1977. She said that was the date chosen as the baseline date for this ordinance.
Freerks noted that there were likely better maps that had been created since that time, and
asked why the decision was made to go back to that date. Tallman said that was when flood
insurance was first made available to people in Iowa City, and when the City first began
participating in the flood insurance program. Miklo clarified that the 1977 map is not the map
used presently. Eastham asked if there were adequate records to determine what the floor area
of each structure that was regulated by this ordinance actually was in 1977. Tallman said she
relies to a large degree on the Assessor's records.
Payne asked how many other towns and cities were going to the .2% versus the 1 %. Tallman
said that she only knew of one in Iowa, and that is Cedar Falls. Payne asked if Cedar Falls had
adopted their new code already, and Tallman said that they had. Freerks said it might be
interesting to see how Cedar Falls is dealing with damage to structures in a floodplain from
tornado/fire. Freerks referenced her earlier question regarding insurance in those cases, saying
that she really is concerned about people left in a situation where they are simply trying to
reclaim the property they already had, not trying to expand it, just trying to rebuild what they
had. She said it seems completely unfair to leave someone in a position where they are
required to elevate their home because of tornado/fire damage but cannot because insurance
will not pay the additional costs. Miklo said that the City will have no way of knowing the
specifics of whether insurance will actually cover the costs to rebuild to current code standards
because it will vary from policy to policy. Miklo asked if Freerks was looking for some sort of
hardship exemption for properties destroyed by factors other than floodling. Freerks said that
would be an idea for discussion. Koppes noted that the same kind of situation, one in which a
property owner was left unable to rebuild as a result of insurance and code factors, could arise
as a result of a flood. Freerks replied that a flood is an insured peril, whereas the situation she is
speaking of is a secondary issue that could prevent a homeowner from rebuilding. Payne noted
that it is quite possible to have someone in the 500-year floodplain who is flooded and forced to
rebuild to the 500-year standard by city code, but is told by their insurance company that they
will only pay to rebuild up to the 100-year flood level. Freerks said that damage caused by a
different calamity was somewhat different for her. Plahutnik said that if a person has an existing
home, it is possible that the plumbing or the electrical are not up to current code. If there is
some sort of calamity in which a homeowner is forced to rebuild, the plumbing and electrical
cannot be rebuilt to old standards, they must be brought up to present cade standards. He said
it is the same with the provisions of this flood ordinance. He said that it is unfortunate that the
initial rebuilding expense might be higher as a result, but that in the long run, the person with the
updated electrical system will be less likely to awaken with their house on fire at night and the
person with the home rebuilt so that it is elevated out of the floodplain is less likely to awaken
with water in their living room. Freerks said that might be the case, but that updated electrical
and plumbing would be covered by insurance whereas the elevation of a home destroyed by fire
or tornado might not be. Plahutnik said that the lower price paid for a home in a floodplain may
offset those costs. Freerks said she understood where Plahutnik was going but she felt pretty
strongly that she wanted research into this issue before she can be comfortable with it. Eastham
said that he agreed with Freerks that this was an important issue to consider. Tallman said that
it is an important issue. She said that there is a rider on flood insurance that helps with the costs
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June 17, 2010 -Formal
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of elevation, but there are conditions. Tallman asked if all Commissioners would like a copy of
Cedar Falls ordinance as it applies to non-conforming structures.
Freerks opened public hearing on the matter.
No public was present and the public hearing was closed.
Freerks invited a motion.
Weitzel motioned to defer discussion of an amendment to the code dealing with
floodplain management standards until the next meeting.
Koppes seconded.
Miklo suggested deferring the matter until the July 15`h meeting.
Weitzel amended the motion to defer until the July 15th meeting.
Koppes seconded.
Eastham asked how the Commission should handle looking into whether or not there was a
majority on the Commission that was interested in looking into prohibition on building in the
floodplain. Freerks invited Eastham to describe what it was he was interested in. Eastham said
that he would like staff to investigate an ordinance that prohibits development in the .2% flood
areas, and eliminates residential housing along the Iowa River. He said he would be supportive
of investigating the elimination of commercial development in those areas as well if the other
Commissioners were interested in doing so. Miklo noted that in the creek floodplains there is not
a lot of undeveloped land that the City does not already own. He noted this was also the case
along the Iowa River. Miklo said staff could look at applying it universally to all floodplains as
well as seeing if it was possible to break it down to just the Iowa River floodplains. Miklo said
that if staff was going to look at it then it should probably be examined from both angles. Koppes
said her question is how the City would deal with private land-holders in those areas. She asked
if Eastham was thinking the City would compensate those landowners for their inability to
develop their property. Eastham said it would be helpful to know to what extent a no-
development ordinance would actually affect people before making that decision. He noted that
landowners do not necessarily have an unqualified right to realize their idea of the full potential
of their investment. Eastham said that in his experience, landowners wishing to develop in a
floodplain quickly transfer their risk to subsequent owners who may not. fully comprehend the
risks associated with the property. Eastham said the end-result of those situations is that there
is a substantial expenditure of public funds. Plahutnik asked if people cane build on a substantial,
protected slope that ends in a ravine. He said that, to him, it was a similar issue. Freerks said
she thought it was a little different. Weitzel said that there were health and safety issues in both
instances. Plahutnik said that he believed muddy water coming into a home was certainly a
health and safety issue. He said he is perhaps even more persuaded by the benefit afforded the
wider community from the green space along the riverfront that would aesthetically improve the
area as well as allow for the conveyance of flood flows from the area. He said it is perfectly
logical. He said it seems crazy to him to take those spaces out of the floodplain by raising them
and covering them with impervious surfaces. Koppes noted that the City could do the same
thing by putting a park on the property and building a parking lot for it. Plahutnik acknowledged
this could be the case but said he hoped that wiser heads would prevail. Plahutnik said he
would like to see what staff was able to come up with for such an ordinance. He said that in
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June 17, 2010 -Formal
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terms of residential development in the floodplain the question is always not if it will flood but
when it will flood.
Freerks asked if there were four or more Commissioners who would like to look into the
possibility of prohibiting development in the .2% flood event area along the Iowa River and/or
the creek floodplains within the city limits. Plahutnik noted that the vote was simply to look into
the matter, not to support the proposal. Weitzel said he would like to look into it further. Freerks
noted that meant Eastham, Weitzel and Plahutnik were interested in exploring the issue, and
asked if there was anyone else wanting to do so at this time. Koppes said she had some
questions. Koppes asked how much time the Commission was asking staff to spend on such an
ordinance because it could be very time consuming. Greenwood Hektoen said she certainly had
concerns about an all out prohibition and she believed it would take some substantial research.
Freerks said she would rather move forward with the amendment process and then at a later
time, and in a much more publicized fashion, look into more prohibitive ordinances if the
majority of the Commission wished to proceed in that direction. She said that it is a serious
enough and large enough issue that it would need a lot more public input then what had been
put forth in this meeting. She said that to her it seemed wrong to go forward with it without more
public input.
Weitzel noted that it was not being voted on in the present meeting. Freerks said she
understood that but to even direct staff to devote that level of time and attention to the matter
without public input was not the right thing to do. Koppes said she was very concerned about
the time commitment it would require from staff. She said she would rather continue with the
present process and put the overarching matter of prohibitions on a wark calendar. Eastham
said that if City Council were to adopt the proposed ordinance then it would be all the more
difficult to go back and prohibit development where development has already been allowed.
Payne said that it would not be any different than what Eastham is asking for now; development
is already allowed in those areas so any prohibition at any time would be a prohibition of
something that is currently allowed. Freerks noted that proceeding with the present ordinance
would at least allow for some restrictions in the meantime, until such time when a prohibition
could be examined. Payne said that the present ordinance could be viewed as a stepping stone
if the Commission decided to move in a more restrictive direction. Tallman asked if it would be
reasonable to look at prohibitions of subdivisions in the .2%, 500-year flood zone rather than at
single-lot residential construction. Freerks said that it seems like a work session in and of itself
to figure out what the Commission would be interested in studying in terms of prohibitions. She
said Eastham seemed comfortable with blanket prohibitions on development of any kind, but
there may be varying degrees of comfort with other Commissioners.
Plahutnik said he would not push any harder than this, but that Commissioners must put
themselves back in 2008 and 1993 when they were staring at a sea of water and asking
themselves how the City could have let this happen. At some point in the future, Plahutnik said,
the issue is going to have to be examined if it is not examined now. Payne said that building in
the floodplain was not the sole cause of the floods; she said that the runoff created from building
everywhere greatly contributed to the flooding. Plahutnik said that might be the case, but those
in the floodplain suffer the consequences. Payne said that everyone has choices; no one is
required to live in the floodplain; some people choose to live there. Freerks said that there are
safer, better ways to build in those areas. Payne said the ordinance before the Commission
presently is intended to do just that. Freerks said she does not have a defined opinion one way
or the other, but she just does not feel comfortable moving forward with something like this
when there are no members of the public in the audience. Weitzel said he is disappointed
Planning and Zoning Commission
June 17, 2010 -Formal
Page 9 of 12
because he would merely like to discuss the merits of such an ordinance, which is something
different than voting for or against it.
Greenwood Hektoen asked if Tallman could get information on how many homes would have
been flooded that were one-foot above the 500-year or .2%floodplain. Tallman said she thought
they could look at the maps that are now available and gather that information. Greenwood
Hektoen said she was wondering if there was a way to determine how properties would have
been affected if they had been built to the standards of the ordinance before the Commission.
Freerks said that would be good information to have to start the Commission thinking about
these things.
Koppes said she would also like to know how much private land would be affected by such an
ordinance. Miklo said that within the existing city limits, most of the floodplain is already
developed. He said there are portions of the floodplain that the City has acquired as parkland
through the subdivision process or by purchasing it. Miklo said that it would be future areas of
the city, areas in the flood plain that are annexed in, that would be in private hands. Koppes said
that when such areas are annexed they could be designated as no-build areas as a part of the
annexation agreement. Koppes said that she would hope the City did that when annexing land
that could be in the floodplain. Eastham said that his thinking was that a floodplain ordinance
that would prohibit residential development for areas within the 500-year elevation would have
the same effect. Koppes said there is a difference between annexing in land with building
prohibitions and taking developable land and making it un-developable. Eastham said he had a
difficult time seeing that distinction.
Eastham said he seconded Plahutnik's sentiments. He said he feels allowing further
development in floodplains at this point is tantamount to having been on the Commission at the
time Idyllwild or Parkview Terrace was approved and allowing that to go forward. Payne said
that filling will allow a property owner to "get out of a floodplain by elevating a property;
however, it exacerbates flooding because the water must go someplace else. She said that
prohibitions on building in the floodplain would still allow property owners to fill to a level where
they are not in the floodplain anymore and so would really accomplish nothing in terms of flood
mitigation. Plahutnik said that was a great point, and that he had not considered the affects of
that. Plahutnik said his concept was that there would not be a disturbance of the floodplain for
building or filling, so he had not considered the scenario Payne put forth. Payne said her
understanding is that Idyllwild was filled and filled until it was "no longer" in the floodplain, and
that was what allowed it to be built. Eastham said it was Parkview Terrace she was thinking of.
Miklo said that Idyllwild is in the 500-year floodplain. Freerks noted that the ordinance as written
is requiring building to the 500-year flood level. Miklo said that the ordinance as written does
allow exactly the scenario that Payne had described. Freerks noted that whatever happens
along the river in other communities also is meaningful to the discussion. Eastham said that as
he understands it the Iowa Flood Center's studies will provide useful madels regarding exactly
that. He said that to him the inaccurate variable to deal with is the inability to know the level of
rainfall. Weitzel pointed out that there will always be some unknown factors.
Freerks said the discussion had been a good one but that her feeling is that there should be
more discussion on this in a future work session. Miklo asked if staff was being directed to do
some research to bring back to a future work session. Freerks said that to her thinking the work
session would not necessarily be about prohibiting development, but would be a broader
conversation that included a study of what other communities do, up-to and including prohibiting
development. Koppes asked if that meant the broader conversation would not take place until
the ordinance before them was off the table. Freerks said that was her thinking. She noted that
Planning and Zoning Commission
June 17, 2010 -Formal
Page 10 of 12
if there were four or more Commissioners who wished to move forward in a study of a
prohibitive ordinance that is what the Commission would do. She said it was probably time to
determine if that was the case, however. Plahutnik said that this had been a great discussion,
and he expressed appreciation for that.
Freerks asked if there were four people who would like to investigate the more prohibitive
ordinance. Weitzel, Plahutnik and Eastham indicated they wished to see further study. Freerks
noted that just because there were not four members interested at this time, that did not mean
the subject could not be brought up again in the future. Greenwood Hektoen noted that
information Tallman would be bringing to the Commission regarding the number of properties
that would have been affected if the ordinance had been in place, may be useful to
Commissioners in this discussion at the next meeting.
A vote was taken and the motion to defer carried 6-0 (Busard absent).
CONSIDERATION OF MEETING MINUTES• Mav 17 2010 (informal) and Mav 20, 2010
formal
Weitzel pointed out that he was present for the May17th meeting.
Payne motioned to approve the minutes with that change.
Koppes seconded.
The minutes were approved 6-0 (Busard absent).
OTHER:
Update of Riverfront Crossings
Miklo explained that the planning and workshops for this project were funded by the
Environmental Protection Agency (EPA), FEMA, and the Rebuild Iowa Office. One of the
reasons Iowa City was eligible for this funding was because of the 2008 flooding. The idea was
to look at development, floodplains, and smart growth issues and develop an idea of how a
better job can be done developing in sensitive areas along the river. Miklo shared photographs
illustrating how severe the damage was to private and public facilities in that area.
Miklo said that as a part of the planning process environmental, market, transportation and
urban design issues were focused on for that area of town. Miklo said that plans to remove the
wastewater treatment plant in that area may serve as a catalyst for redevelopment of that area.
Miklo explained that development visions for key intersections in the Riverfront Crossings area
were designed during this process. Miklo shared sample concept illustrations and schematic
drawings. The plans called for an urban park in the area where the wastewater treatment plant
currently is located. Flooding in that area would then have minimal impact.
Miklo said that in addition to the design illustrations, there are three written reports that go into
detail about other aspects of the planning process. Miklo said that staff could share those
reports with Commissioners if they so desired.
Miklo said that the EPA has provided some funding to provide a second round of planning, with
more detail for the area around the wastewater treatment plant. The EPA will hire a nationally
Planning and Zoning Commission
June 17, 2010 -Formal
Page 11 of 12
known consulting firm to come in and flesh the plans out and take it to the next level. Miklo said
the hope is that the resulting plans would provide some guidance both for public and private
development in the area. Miklo said that staff would keep the Commissioners posted as the
process unfolded.
Freerks asked if there was any update for the northern portion of Riverfront Crossings, such as
the Hieronymus Square area. Freerks asked if Hieronymus Square would need to come back
before the Commission if substantial changes were made to their building plans. Miklo said he
believed they would. Freerks said that according to the newspaper the University of Iowa was
going to purchase part of the development. Eastham said that presented an interesting
question, since the University was not subject to city zoning regulations and the Hieronymus
Square project was. Miklo said the Old Capitol Mall is an example of that kind of arrangement.
The second floor is owned by the University and the first floor is largely privately held; its zoning
is Public/Commercial. Greenwood Hektoen said there are many layers and complexities being
considered for that project right now.
Eastham said he recalled that property owners in the southern portion of the Riverfront
Crossings area had been interested in having some sort of certainty regarding what would be
eligible to be built there. He asked when that point might arrive. Miklo said that they are
envisioning a very flexible district. He said that most commercial zones require ground floor
commercial and allow residential above that. Miklo said what they envision for an Urban Mixed
Use Zone is to require the ground floor to be built to commercial standards, but to allow
residential uses in it if the market for commercial was not there. He said there are many details
to be worked out such as parking requirements, green space, etc.
Miklo said it will probably be several more weeks before the consultant is heard from, but that
the process will be a public one with the Commission and City Council involved.
Freerks stated that she would not be present for the July 1St meeting. Payne said she also would
not be present for the July 1St meeting. Koppes said she would not be present at the June 28tH
meeting but was supposed to have a return flight on June 30tH, so should be present for the July
1St meeting. Plahutnik said he would not be present on June 28tH. Miklo said that staff would be
doing a quorum check prior to scheduling those meetings.
Payne said that she had a comment from the City Council meeting she had recently attended.
She said that a Council member had noted that the conditional zoning agreement for the new
car dealership on Mormon Trek would be applicable to any property owner for that particular lot,
even if the property was sold to a business that was a different use. She said it was good to
know that Council considered that zoning applies beyond a particular plan or proposal and
remains applicable to the lot regardless of who possesses it.
Koppes commented that she had gone to the dedication of the Wetherby Splash Pad and had
spoken with Steve Long there regarding flood recovery projects. She said they had discussed
that it would be helpful to have him come before the Commission to give a general flood update
regarding the different recovery projects that had come through his office.
ADJOURNMENT:
Koppes motioned to adjourn.
Plahutnik seconded.
The meeting was adjourned on a 6-0 vote (Busard absent).
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2b 3
MINUTES APPROVED
PLANNING AND ZONING COMMISSION
AUGUST 5, 2010 - 7:00 PM -FORMAL
CITY HALL, EMMA J. HARVAT HALL
MEMBERS PRESENT: Josh Busard, Charlie Eastham, Ann Freerks,
Elizabeth Koppes, Michelle Payne, Wally Plahutnik,
Tim Weitzel
MEMBERS ABSENT: None
STAFF PRESENT: Christina Kuecker, Karen Howard, Julie Tallman,
Sara Greenwood Hektoen
OTHERS PRESENT: Nancy Greazel, Alicia Trimble
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 7-0 recommend approval of SUB10-000071SU610-00008, an
application submitted by Billion Auto for a preliminary and final plat of D8~D Billion
Addition, a 2-lot, 18.49 acre commercial subdivision located west of Mormon Trek
Boulevard, south of Highway 1, adjacent to City View Drive.
The Commission voted 7-0 to recommend approval of amendments to the Zoning Code,
section 14-3B-1 Historic District Overlay Zone; Section 148E-2, Historic Review; Section
14-8E-3, Certificate of Economic Hardship; and Section 14-2B-6, Multifamily Site
Development Standards to correspond with amendments to the Historic Preservation
Handbook that are intended to streamline and clarify the review process, as outlined in
the July 15, 2010 staff memo.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
Planning and Zoning Commission
August 5, 2010 -Formal
Page 2 of 11
DEVELOPMENT ITEMS:
SUB10-00007/SUB10-00008: Discussion of an application submitted by Billion Auto for a
preliminary and final plat of D&D Billion Addition, a 2-lot, 18.49 acre commercial
subdivision located west of Mormon Trek Boulevard, south of Highway 1, adjacent to
City View Drive.
Kuecker explained that this is a two-lot commercial subdivision that had previously been
subdivided as an 8-lot Highway Commercial subdivision. Kuecker said that the general area
had recently been rezoned to Intensive Commercial (CI-1) to allow for the automotive sale and
repair facility proposed for Lot 1. Kuecker said that Lot 2 currently has no proposed use.
Kuecker said that there are three access points onto the property. Kuecker said that City View
Drive, along with its associated easements, would be vacated and removed but the access
points off of it would be retained.
Kuecker explained that Outlot B has been approved by the City Engineer as adequate to serve
the property's storm-water management needs.
Staff recommended approval of the preliminary and final plat subject to a conveyance of City
View Drive and approval of the legal papers prior to City Council consideration.
Freerks invited questions from the Commission.
Freerks confirmed with Kuecker that her understanding was correct that no public funds had
been used to put in City View Drive.
Freerks opened the public hearing. No one wished to speak and the hearing was closed.
Busard motioned for approval of SU610-00007/SUB10-00008, an application submitted by
Billion Auto for a preliminary and final plat of DB~D Billion Addition, a 2-lot, 18.49 acre
commercial subdivision located west of Mormon Trek Boulevard, south of Highway 1,
adjacent to City View Drive.
Eastham seconded.
Freerks said that this plan made sense to her, despite her initial reservations about City View
Drive. She said the City had been trying to get that area developed for quite some time and she
looked forward to seeing something happen there
A vote was taken and the motion carried 7-0.
REZ10-00007/SU610-00004: Discussion of an application submitted by the City of Iowa
City for a rezoning from General Industrial (11) Zone and Interim Development (ID-I) Zone
to Planned Development Overlay -General Industrial (OPD-11) Zone and a preliminary
plat for the Iowa City Industrial Campus, a 9-lot, 173 acre industrial subdivision located
along 420`h Street, west of Taft Avenue.
Howard said this property had come before the Commission several times in the last year. It
had been purchased by the City with the intention of making it an industrial area. She said that
Planning and Zoning Commission
August 5, 2010 -Formal
Page 3 of 11
the property south of the railroad tracks is zoned General Industrial and the property north of the
railroad tracks is zoned Interim Development Industrial. Howard said the "interim" designation is
due to the fact that there are not yet industrial grade roads servicing the area.
Howard said that the City has hired a consultant to analyze the property, and to delineate the
sensitive features on the property. Howard said there are hydric soils and wetlands present,
and their delineations have been accepted by the Army Corp of Engineers. Because of the
configuration of the wetlands, the property is not developable without wetland mitigation. The
proposal is to create a new wetland area on a corner of the property to compensate for any loss
of wetlands in other areas of the property that occur as the result of development. Once that is
done, the properties can be subdivided and sold.
Howard said that the current application is for a preliminary plat and rezoning through the
Sensitive Areas Ordinance, which would make this an OPD, Planned Development Overlay.
Howard said that the application is in compliance with the Comprehensive Plan and is
compatible with the surrounding land uses, which are largely industrial and agricultural. She
said the proposed industrial park is supported by the goals for economic well-being outlined in
the Comprehensive Plan and the strategies therein for diversifying the tax base.
Howard explained that rezoning the entire parcel to industrial made the most sense at this time
since a road and City services are being extended to the area.
Howard shared photos from the wetland delineation plan, explaining that most of the wetlands
had been farmed for decades and are nearly indistinguishable from the other farmland.
Because the current wetlands are of such low quality the Corp agrees that wetland mitigation is
a good step toward creating higher quality wetlands in the area.
Howard said that staff recommends deferring this application until there is a completed wetland
mitigation plan that matches the proposed plat. She said she anticipated that being ready by
the Commission's next meeting.
Freerks asked if there were questions for staff.
Eastham asked if the wetland mitigation area will also serve as storm-water mitigation for the
area of land that is to the north of the railroad track. Howard said that it would, and that is why
they wish to include it in the overlay zone; all the wetlands in the entire 173 acre property have
been included in the wetland delineation. Howard said that because the City did not know if the
lot would be further subdivided in the future, it made sense to mitigate the area now and make
the overall area more developable.
Eastham asked if the cost of establishing the new wetland would be born entirely by the City.
Howard said that it would, as would all of the other infrastructure costs.
Plahutnik asked how much the City's overall industrial zoning was increased by rezoning this
parcel. Freerks said it would be nice to have an inventory of the industrial property available in
the city. Howard said that this is an additional 173 acres of industrial land. Plahutnik said he
was wondering what percentage of the current industrial zoning that 173 acres represented, and
Howard said she would look into that question.
Freerks opened the public hearing.
Planning and Zoning Commission
August 5, 2010 -Formal
Page 4 of 11
Nancy Greazel, 4898 420th Street, said that she lived just up the road from this property. She
said she was wondering what will be happening to the water that is draining in and out of this
industrial area. She said she sees water travelling in this area daily, and is wondering how
putting the wetlands in would affect areas farther north and south of the property.
Howard said that the drainage pattern will not actually change; its intake and outsource points
will remain the same. The wetland area will actually filter the water, and should help somewhat
with volume and flow issues that may have resulted from the wetland degradation that occurred
when the area was farmed. Greazel asked if the wetlands would clean up water that had
passed through the industrial site before it could drain back into the aquifer. Howard noted that
as each of the properties is sold and developed it will have to meet the City's storm-water
management requirements. Therefore, each one of those properties will have to have on-site
storm-water basins built to handle the amount of impervious concrete the industrial site entails.
Greazel said she understood this, but was wondering if anything was done to clean up the water
before it goes into the soil. Freerks said that it would be just the same as anywhere else in the
city. Greazel said that she is concerned because this industrial site is close to her aquifer. She
said she is concerned with the quality of her future drinking water, and does not like the idea of
toxins, such as oil, that wash into storm-sewers from large concrete surfaces.
Howard noted that none of the properties had been sold yet, and that this was just a preliminary
plat before the Commission. She said that until the property is final platted it is not available for
sale.
There were no further comments from the public and the public hearing was closed.
Eastham moved to defer the application until the August 19th meeting.
Koppes seconded.
A vote was taken and the motion carried 7-0
CODE AMENDMENT ITEMS:
Discussion of amendments to Title 14: Zoning Code, Article J. Floodplain Management
Standards to regulate the 100 and 500 year floodplain and associated changes located in
14-9F Definitions, 14-46-2 Variances and 14-8B-5 Administrative Approval Procedures
(Floodplain Development Permit).
Tallman said that it seems as though one major concern for Commissioners is the affect
changes to the floodplain standards might have on already existing structures, and also that the
public be fully informed before any changes are made. Tallman said she had prepared a memo
giving the Commission some information on existing non-conforming structures and what staff
would propose to do with them. Tallman said that a press release had been sent out to make
sure that the City is clearly communicating the effects these regulations could have on existing
structures.
Tallman said she had looked at a map prepared by Shive-Hattery in 1974 as a part of the City's
flood insurance study. She said she examined an area bordered by Gilbert Street, Evans
Street, Washington Street and Jefferson Street. She said she looked at properties that were
already in the 100-year floodplain and also were in the 500-year floodplain. Tallman said that
Planning and Zoning Commission
August 5, 2010 -Formal
Page 5 of 11
she thought in terms of the tornado that had come through a few years ago. She said that there
were 70 properties on that map that would be subject to the new regulations, 15 of those
properties were in the expanded flood zone. She said that 55 of those homes were in the 100-
yearflood zone already and if they were damaged up to 50% or more would have to be
elevated under the current standards. Under the new regulations, Tallman said, those same
homes would have to be elevated one foot higher. The additional 15 structures would have to
be elevated up to one foot above the 500-year level. Tallman noted that 80% of the homes in
this area would already be subject to the elevation requirements. If these regulations went into
effect and all of the homes were damaged by 50% or more, then an additional 20% would have
to be elevated. Tallman noted that as it stands now any type of damage of 50% or more
requires elevation (damage by fire or tornado as well as by flood). Tallman said that while
there are some additional costs in having to raise the structure higher, the bulk of the cost is in
raising the structure to begin with.
Tallman said that staff had done some research on the issue of historic structures. She said
she had checked with Cedar Falls, per discussions at the last meeting, and had been told that
their new flood standards did not address historic structures. Tallman said that the National
Flood Insurance Program (NFIP) includes a description of "substantial improvement" that
excludes an alteration of an historic structure provided that the alteration will not preclude the
structure from keeping its historic designation. She said that the state of Iowa approaches the
matter through a variance process where a variance or exemption from an elevation
requirement must be sought.
Eastham asked if the language from the NFIP would make the proposed ordinance apply to a
Historic District as defined by the City of Iowa City, and Tallman said she believed that was
correct. Kuecker said that Iowa City is a CLG government which gives it some authority to
regulate historic structures in town. Howard said that one thing that needs to be clarified
concerns Conservation Districts. Howard said that Conservation Districts are not Historic
Districts and were created at the local level. Weitzel noted that the language pertained to
individual listings, not districts. Eastham said his understanding is that most structures in
Historic or Conservation Districts would not be exempted from floodplain regulations. Weitzel
said that was his understanding of it as well. Payne said that she did not think discussions had
necessarily moved in the direction of exempting properties; rather the idea had been to offer a
mechanism for a variance.
Tallman said it seemed the choice was to exempt historic properties from the "substantial
improvement" definition altogether, which seemed to her somewhat broad in nature, or to create
a variance that could be applied for. Koppes said that one would have to be careful in
exempting properties. Tallman said that the exemption would only be for the minimum flood-
proofing or elevation standards. Payne said that she thought the variance is a good idea
because it gives another body a chance to review the issue on a case by case basis. Koppes
said that she was not sure someone who wanted to improve their property should be able to get
a variance just to avoid elevating their home because of the way it looks. Weitzel pointed out
that the motivations would be more than just aesthetics; historic properties that are de-listed
lose tax credit options and eligibility for other programs. Tallman said that the concern had
been for the property owner that has no control over whether or not to make "substantial
improvements" because their home was damaged by fire or natural disaster. Tallman said that
the variance or exemption would be for a historic structure that has been damaged to the 50%
level and realistically cannot comply with the elevation requirements. Howard noted that many
of the structures damaged in the tornado a few years ago were of historic nature and in order to
keep the historic designation, they had to rebuild in ways that might have been more expensive
Planning and Zoning Commission
August 5, 2010 -Formal
Page 6 of 11
than it would have been for another home. Busard said that most home insurance policies have
a rider that say rebuilding and repairs will meet all current code. Freerks said that not all do.
Howard pointed out that the NFIP definition recognizes local historic designations. Weitzel said
that districts are not covered, rather individual properties. Howard said that asub-definition
makes it clear that the properties do not have to be individually listed. Freerks pointed out that
Iowa City's Conservation Districts, however, are not addressed by the federal definition.
Plahutnik said that it is important to remember that very few homes in a Historic District will have
anything to do with a floodplain, and of those that do, likely the vast majority are already subject
to the floodplain standards. Eastham noted that the example Tallman gave was for a specific
area, and that the percentages of the homes affected would be different in different areas.
Tallman said that was correct, and she was happy to look at any other neighborhoods the
Commission might be interested in further exploring.
Freerks opened the public hearing. There was no one who wished to speak to this issue and
the public hearing was closed.
Freerks said she felt it would be wise to defer the matter again, given that the press release had
not actually gone out to the public.
Weitzel motioned to defer the application until the August 19th meeting.
Payne seconded.
Eastham said that he is still considering whether or not he is going to support this ordinance.
He said he likes much of the ordinance; however, he still is wondering if the City should go
further and eliminate future development in the 500-year floodplain, at least along the Iowa
River.
Freerks thanked Tallman for her efforts to get the word out about this ordinance.
A vote was taken and the motion carried 7-0.
Discussion of amendments to the Zoning Code, section 14-3B-1 Historic District Overlay
Zone; Section 148E-2, Historic Review; Section 14-8E-3, Certificate of Economic
Hardship; and Section 14-26-6, Multifamily Site Development Standards to correspond
with amendments to the Historic Preservation Handbook that are intended to streamline
and clarify the review process.
Kuecker said that these changes to the zoning code are necessary to reflect changes in the
Historic Preservation Handbook.
One of the changes is language adding the Northside Historic District into the zoning code.
A second change revises the wording for the types of review for historic properties. The
category "Certificate of No Material Affect" will remain unchanged and includes projects that are
replacing "like-with-like" and are not changing the historical fabric of the property. The category
of "Minor Review' is being expanded to apply to all properties, districts and landmarks and will
include a list of pre-approved items that have always gained consensus from the Historic
Preservation Commission (HPC). This list would be created and approved by the HPC and
would allow staff to grant approval of items on the list. The "Intermediate Review" will be
Planning and Zoning Commission
August 5, 2010 -Formal
Page 7 of 11
expanded to apply to all properties in Conservation Districts and the non-contributing or non-
historic properties in Historic Districts. Such projects could be reviewed by the Chair of the HPC
and Preservation staff and would include anything that meets the guidelines and requires no
exceptions to the guidelines. At any time, staff, the Chair, or the applicant can request that the
entire Commission review the matter. The "Major Review" would encompass everything not in
the first three categories, and would still require review by the full Commission at a normal
meeting.
Kuecker said that by expanding the "Minor Review" and "Intermediate Review" the Commission
is hoping to streamline the process for applicants and avoid delays in their projects. (An
ongoing criticism of the HPC process is that it delays projects.)
The changes to zoning code regarding a Certificate of Economic Hardship center around
actually putting that process into practice, i.e., creating an application, etc.
The Multi-Family Site Development Standard is being changed to make setback requirements
more in keeping with the properties immediately surrounding the subject property.
Kuecker offered to answer any questions from the Commission.
Eastham asked if it was correct that the changes to the handbook were taken from the changes
to the Comprehensive Plan that the Commission had made two or three years ago regarding
historic preservation. Kuecker said that was correct.
Freerks opened the public hearing.
Alicia Trimble, Chair of the HPC, said that these changes had been looked at for well over a
year. In coming to these changes, HPC took into account comments from applicants as well as
what items had actually been on its agenda. Trimble said that some things were regarded as
formalities and were going to be approved almost automatically. These included items on a
consent agenda, Trimble said, and were items that she believed would have been overturned
even if HPC had not approved them.
Trimble said that these changes in the review process do not actually change the requirements
for homeowners; rather, they streamline the process. One of the big criticisms HPC hears
repeatedly from homeowners is that the current process slows things down. She noted that the
changes include a provision that at any time the applicant, staff or the Chair can move the item
to full review before the HPC.
Freerks asked if these changes put too much on the Chair of HPC. She said it is often difficult
enough to get people involved and wondered if these duties were too burdensome for one
person. Trimble said that she did not think it would be burdensom, as she cannot think of an
instance that would come before the Chair that would not have been approved by the full
Commission.
Freerks asked if HPC would at some point consider adding contributing structures to the
language governing Historic Districts just as it was doing for Conservation Districts. Trimble
said that she does not see that happening in the future because of the nature of Historic
Districts.
Freerks said that she did have some concerns about communication. She said it is easier for
Planning and Zoning Commission
August 5, 2010 -Formal
Page 8 of 11
people to be at ease with things if they know they are going to happen before they actually do.
She said that in terms of public notification, these changes are big changes, as the
communication does not occur until after the fact. She asked if Trimble foresaw a problem with
that.
Trimble said that she does not believe that would be a problem with the types of issues being
discussed for addition to the Minor and Intermediate Review processes. Kuecker noted that
HPC typically does not receive any public feedback prior to approval; conversation usually
occurs once a project has started. She said the items being moved into the Minor and
Intermediate Review process typically would not generate any conversation at all in an HPC
meeting. Any project that requires an exception to the guidelines or any major project will still
go through the Major Review process. Freerks asked if an addition in a Conservation District
would require a Major Review. Kuecker said that if the addition met all of the guidelines it would
not; however, if any exceptions were required then it would have to go through the Major
Review process.
There were no comments from the public and the public hearing was closed.
Eastham motioned to recommend approval of amendments to the Zoning Code, section
14-36-1 Historic District Overlay Zone; Section 14-8E-2, Historic Review; Section 148E-3,
Certificate of Economic Hardship; and Section 14-2B-6, Multifamily Site Development
Standards to correspond with amendments to the Historic Preservation Handbook that
are intended to streamline and clarify the review process, as outlined in the July 15, 2010
staff memo.
Koppes seconded.
Weitzel said that a lot of these recommendations speak to the findings of a consultant who
recently re-wrote the Historic Preservation Plan. The consultant interviewed a large number of
people throughout the community, both those for and against historic preservation oversight,
and many of those comments concerned unnecessary delays. Weitzel said that there was also
a large concern that Conservation Districts were becoming "stealth historic preservation
districts" and were being regulated in the same way as Historic Districts. Weitzel said that there
was a desire to see policy governing Conservation Districts differentiated from that governing
Historic Districts. Weitzel said that streamlining is a great way to address a large number of
concerns; however, he noted that historic preservation is a very polarizing issue with one side
wanting very strict oversight and another side wanting nearly no oversight, therefore, it really is
an issue that cannot be "won."
Plahutnik said that this should make the approval process much quicker and easier for most
cases, but retains a process for those with more complicated issues.
Freerks said she believed most of the issues come up when contractors and homeowners do
not abide by the rules and regulations. Weitzel said that in some of those cases the parties
involved are not from here and do not know about the requirements.
Payne said that homeowners will still have an option to go through a formal process.
Eastham said that he thinks it is commendable on the part of HPC and staff to follow up so
diligently and to make these changes to the code.
Planning and Zoning Commission
August 5, 2010 -Formal
Page 9 of 11
Freerks said she had read the handbook and was very impressed with it. She said it could be a
good model for other communities. She said she was a little hesitant about the possible lack of
public communication that could occur with these changes, but that if problems arose from that
changes could be made.
A vote was taken and the motion carried 7-0.
CONSIDERATION OF MEETING MINUITES: JUNE 14 AND JUNE 17. 2010:
Eastham motioned to approve the minutes.
Koppes seconded.
A vote was taken and the motion carried 7-0.
OTHER:
Election of Officers:
Eastham nominated Freerks as Chair.
Payne seconded.
A vote was taken and the motion carried 7-0.
Plahutnik nominated Koppes as Vice-Chair.
Weitzel seconded.
A vote was taken and the motion carried 7-0.
Koppes nominated Plahutnik as Secretary.
Weitzel seconded.
A vote was taken and the motion carried 7-0.
Greenwood-Hektoen said that the consultant that is carrying out the City Manager search would
like to have the chairs of various commissions involved in that search, so Freerks may be
contacted for that sometime soon.
Eastham noted that the City's Community Development staff has recommended that some
CDBG funds be used as partial payment for building a levy on the west side of the Iowa River to
Planning and Zoning Commission
August 5, 2010 -Formal
Page 10 of 11
protect the manufactured housing parks and industrial areas there. Eastham said that the
Comprehensive Plan does not call for continued residential use of the area currently occupied
by the manufactured home parks. Eastham said he would like the Commission to consider
putting this on the agenda for an informal meeting in the future, to see if there is interest in
revising the Comprehensive Plan for continued residential use in that area. Freerks asked
which mobile home park was involved and Eastham told her it was Baculis Mobile Home Park.
Freerks asked if money has been allotted to that purpose already. Howard said that the City
has applied for a grant to build the levy. Eastham explained that there are two sources of funds,
a state grant and federal CDBG funds. Eastham said that CDBG has a requirement that half or
more of the people being benefitted by the use of the funds are low-income. Eastham said the
City Council has not yet acted on the recommendation to use CDBG funds for this purpose.
Howard said the grant application to the state for funding was submitted this past week.
Freerks asked if anyone knew what the property's future use was slated for. She said she was
always in favor of discussion.
Freerks asked if there were four or more people who would be interested in discussing this
issue. Plahutnik said he would be interested. Weitzel said that if there are land-use changes at
issue then it should be discussed. Koppes said she did not think it was a change in use as the
land is currently being used in the same way; the Comprehensive Plan outlines a different future
use after redevelopment. Freerks said this could be a discussion item on an informal agenda to
see if this is something the Commission wished to address. A majority of Commissioners
indicated agreement with that idea. Freerks asked staff to prepare something for the next
meeting if possible. Howard said staff will take a look at that.
Payne said she will likely not be at the August 16`h informal meeting.
ADJOURNMENT:
Koppes motioned to adjourn.
Payne seconded.
The meeting was adjourned on a 7-0 vote at 8:10 PM.
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2b 4
MINUTES APPROVED
HISTORIC PRESERVATION COMMISSION
JULY 8, 2010
EMMA J. HARVAT HALL
MEMBERS PRESENT: Kent Ackerson, Esther Baker, Thomas Baldridge, Andrew Litton, Pam Michaud, Ginalie
Swaim, Alicia Trimble, Frank Wagner
MEMBERS ABSENT: William Downing, David McMahon, Dana Thomann
STAFF PRESENT: Christina Kuecker
OTHERS PRESENT: Dave Pasley, Helen Roushar, Kris Sweat, Tammy Sweat, Richard Wayne
RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action)
None
CALL TO ORDER:
Chairperson Trimble called the meeting to order at 6:00 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
There was none.
CONSENT AGENDA:
422 Brown Street
Kuecker said that 422 Brown Street concerns an application to demolish an outbuilding that was likely built
sometime after 1948 and is essentially just a shed. She said staff does not see a historic reason to restore the shed
and said that it is in a state of decay. Kuecker said staff therefore recommends approval as presented.
503 North Van Buren
Kuecker said this application contains a couple of projects, including a chimney removal, reroofing the house, and
installing an air conditioning unit. She said the only portions of the application under Commission purview are the
chimney removal and the location of the air conditioning condenser. Kuecker said staff feels that both of these
items, as proposed in the application, meet the guidelines and recommends approval.
734 Oakland Avenue
Kuecker said this application is a proposal to build an eight foot by about a 13 '/z foot deck off the rear of the house.
She said the deck will be set in at least eight inches from both sidewalls and will not be visible from the street.
Kuecker said staff feels this meets the guidelines and recommends approval.
Sweat, one of the owners of 503 North Van Buren Street, said that the chimney is falling apart, with bricks
sometimes falling off.
MOTION: Baker moved to approve the consent agenda as presented. Ackerson seconded the motion. The
motion carried on a vote of 8-0 (Downins McMahon, and Thomann absent).
Historic Preservation Commission
July 8, 2010
Page 2
CERTIFICATES OF APPROPRIATENESS:
1107 Burlington Street
Kuecker stated that this is a contributing property in the College Hill Conservation District. She said the project
consists of removing an existing chimney on the rear of the house; replacement of the asphalt roof with a standing
seam, metal roof; repairs to the foundation; and the addition of a new chimney.
Kuecker said that in general, the guidelines recommend not removing historic chimneys, especially if they are
character defining or integrated into the architecture. She said staff does not believe this chimney is character-
defining or integrated into the architecture and believes removal will have minimal impact on the house.
Kuecker said that the applicant would like to replace the asphalt shingles with a standing seam metal roof. She said
the guidelines do not specifically address this but in general recommend the use of historic materials. Kuecker said
it is likely that the roof had a standing seam metal roof at some point in its history.
Regarding the foundation, Kuecker said the applicant would like to make repairs, including tuck pointing and
foundation bracing. She said the guidelines do recommend making repairs to historic foundations rather than
replacing them.
Kuecker said the larger part of this project is a new, exterior chimney. She showed the elevation where the applicant
proposes to build a brick chimney. Kuecker showed a drawing demonstrating what the applicant would like to
build. She said this would require the rearrangement of some of the windows with the elimination of two of the
windows on that elevation and changing the sizes of the windows.
Kuecker said the guidelines recommend that when building a new full-height chimney, it be masonry consistent with
the architectural style of the building. She said the guidelines also recommend that new windows be wood or metal-
clad wood and match the type, sash, width, trim, divided lights, and overall appearance of the historic windows and
that any new window arrangement be consistent with the historic building or buildings of a similar architectural
style.
Kuecker said that in staff's opinion, the proposed chimney and the window arrangement are consistent with the
Queen Anne type of style of the house. She said the house also has elements of the period revival style making it an
eclectic style of house, and both of those styles could have had exterior chimneys on them. Kuecker said the
exterior chimneys were not necessarily common but were not uncommon either. She said staff also believes the
window pattern is consistent with both styles of houses.
Kuecker said that staff recommends approval of this certificate with the condition that the new windows are solid
wood or metal clad solid wood double hung windows that match the sash, width, trim, use of divided-liter, and
overall appearance of the historic windows. She said that any divided-liter may be either true divided-liter or
created with muntin bars adhered to both sides of the glass but not with snap-in muntin bars.
Parley, one of the owners of the house, said one question he had while reviewing the staff report concerned the
statement that the residence has been impaired by the application of modern, replacement siding. He said it has
always been his intention to remove that and asked if he needs the Commission's approval to do so. Pasley said he
doesn't want to replace the siding with anything but wants to bring it back to the original wood, clapboard siding
that he knows is underneath there.
Pasley said that he has had the siding tested by a lab to determine how much asbestos is in it and knows how to
dispose of it properly. Kuecker said that the removal of non-historic siding does not need approval by the
Commission. She said however, that if one takes it off and finds that the wood siding is beyond repair, then that
replacement would need Commission approval.
Pasley said he did not believe the replacement siding was installed to cover up a problem but was installed to
upgrade the house and make it maintenance free. He said he does not like it and would like to get rid of it.
Michaud suggested using Nardi-plank if the wood siding is deteriorated and needs replacement. Kuecker stated that
could be added to the motion.
Historic Preservation Commission
July 8, 2010
Page 3
Swaim asked about how the drawings matched up with the photos. Pasley said the area would be right behind the
tree in the photograph. He said there are three windows on the lower floor. Pasley said he proposes the removal of
the middle window; which is where the main part of the fireplace will be; separating the other two windows; and
then running the chimney up the side of the house. He said it would have to go through one of the two windows in
the upper, small bedroom to make it to the roofline.
Pasley said he didn't include the whole house when he made the drawing but wanted to mostly depict the center
section that would be most affected. He said the chimney would almost run right along the tree. Pasley stated that it
is on the alley side of the house.
Swaim asked if, for the bottom windows, Pasley would use the same windows that flank the center one but move
them over. Pasley confirmed this, saying he would slightly separate them on the wall to add room for the fireplace.
Swaim asked about the top. Pasley said he would probably remove one of the windows so they could go up and
meet the peak at the center line. He referred to some images he had provided of some outdoor chimneys that are
similar and in the same neighborhood to show what the concept is.
Wagner suggested that the way the windows are being split on both sides, perhaps that could be done on the
windows above and just have it go straight up the middle and just have windows on either side, top and bottom.
Pasley said he could certainly look at that. He said the issue on the second floor is that this house is one and three-
quarters stories so that the roofline cuts into the interior of the room. Pasley said there is not a lot of the wall left
there to really separate the windows. He said he could probably make them a lot smaller and get two. Kuecker said
the roof is actually lower than shown. Pasley agreed the drawing is not to scale but is to give the Commission an
idea of the concept to see if it is acceptable.
Wagner asked if the chimney itself would actually go above the top gable or the peak of the roof. Pasley said it
would be awood-burning stove, and he knows it will have to be appropriately sized so that it vents properly.
Kuecker said that it maybe be possible, if the Commission is okay with the chimney, to have the final approval for
the windows be reviewed by chair and staff.
Baldridge asked Pasley if he planned to reuse or retain as many windows as possible or if he plans to replace them.
Pasley said he would like to reuse the windows, although some of them might have to be rebuilt slightly. Baldridge
said that the chimney would run up the outside but would pierce the roof basically right at the peak.
Michaud asked if a wood fireplace always has to have a chimney going all the way up or if it could ever be vented
from the side. She said this is a major change and that it is visible from the street. Wagner said that with a wood
burning chimney, it has to be higher than the house or it conducts wrong and pushes all the smoke back in and
doesn't vent out. He said he thinks that is fine and appreciates the examples of having the chimney go above the
roofline.
Michaud suggested using a brick that is contemporaneous with the house. Pasley asked for recommendations.
Kuecker suggested that Pasley consult with her and she would help select something appropriate.
MOTION: Wagner moved to approve a certificate of appropriateness for the application for 1107
Burlington Street for the removal of the chimney, the replacement of the asphalt shingled roof with the
standing seam metal roof, the repair of the foundation and tuck pointing, and a new chimney with the
conditions that: the final design, layout, brick color of the new chimney and also the window arrangement be
approved by staff and the chair and that if the removal of siding shows deteriorating siding, that it be
repaired or replaced with wood and/or fiber cement board siding to match the original siding. Swaim
seconded the motion. The motion carried on a vote of 8-0 (Downing. McMahon, and Thomann absent).
304 South Summit Street.
Kuecker said this application is a request to demolish afour-car garage on the southeast corner of the property. She
said the building is quite deteriorated and is being essentially held up by cables. Kuecker said the building was
constructed between 1933 and 1948, according to the Sanborn maps.
Historic Preservation Commission
July 8, 2010
Page 4
Kuecker said staff that since the garage is in poor condition; that it barely meets the 50-year cutoff for the historic
era; and in the site inventory form, the garage was listed specifically as being non-contributing staff believes the
demolition of this garage would have no historic impact on the property or the neighborhood. She said staff
recommends approval.
Baldridge asked what is behind the garage. Kuecker said there is another garage for the neighboring property.
MOTION: Swaim moved to approve a certificate of appropriateness for the application for 304 South
Summit Street as proposed. Baker seconded the motion. The motion carried on a vote of 7-0 (Wagner
abstaining; Downing, McMahon, and Thomann absent).
617 North Johnson Street.
Kuecker said this application is for several projects, and the Commission has reviewed this property before. She
said the current owner is undertaking several projects in order to rehabilitate the house. Kuecker said the
Commission previously approved siding replacement with fiber cement board, reconstruction of the front porch, and
reconstruction of the retaining wall.
Kuecker said this application is for the roof and the side porch. She said the applicant would like to remove the
standing seam metal roof and replace it with an asphalt roof, covering the built-in gutters and installing external
gutters in the process. Kuecker said the applicant has indicated that the roof pitch will not change at the built-in
gutter, and if it does change, it would only be a slight change, essentially just covering the gutters with plywood and
shingling over them.
Kuecker said the guidelines recommend for the repair and preservation of original materials whenever possible. She
said the Commission has approved the conversion of metal roofs to asphalt shingles in the past. Kuecker said the
Preucil School received such approval, with the condition that the roof be replaced with a high quality asphalt
shingle that had the appearance of a wood shake, so she would recommend the same stipulation on this house.
Regarding the built-in gutters, Kuecker said the guidelines allow covering the built-in gutters only if the roof slope is
not altered at the gutter. She said in staff s opinion, the covering of the deteriorated built-in gutters does meet the
standards and will have minimal impact on the historic integrity of the house.
Kuecker showed photographs of one of the failing built-in gutters on the side window as well as damage from one of
the built-in gutters of ice running down the siding. She showed photographs of a gutter with a hole developing in it
and wood falling off the gutter area. Kuecker said that patch jobs done on the gutter last year are already failing this
year.
Kuecker said the owners would like to rebuild the side porch, showing an elevation of it, and would essentially keep
the shorter porch, allowing access to the basement unit and the second-story unit. She said the major change would
involve the separation of the side porch and the bay window where they are attached at the roof. Kuecker said the
owners would like to separate them in order to have better drainage. She said they would be separated by about six
inches.
Kuecker showed the handrail the owners propose on the side porch, which would be similar to the front porch with
square spindles and turned posts for the columns. She showed examples of the style of doors the owner would like
to use for the doors on the alley side and the front door so that all the doors would end up matching.
Kuecker said that the guidelines recommend repairing historic porches rather than replacing them but also
recommend replacing badly deteriorated components with new ones that match the historic components in design
and material. She said that in staff's opinion, the existing side porch and many other features of the house are in bad
condition. Kuecker said that the proposed porch replacement would be more similar to the original house than the
previous porch was and will still provide access to all the units in the house. She said that because this side porch is
being reconstructed to mimic what will happen on the front porch, the alterations will be compatible with the house.
Kuecker said staff recommends approval as presented, with the roofing material, color and profile, and the porch
columns and porch piers to be approved by staff.
Historic Preservation Commission
July 8, 2010
Page 5
Swaim asked about the very top of the house and if there is a membrane. Kuecker said that at the very top, it goes
up and then has a little hip at the top with a very shallow pitch. She said it is like a hip on top of a hip. Kuecker said
the owners want to change all the metal to asphalt. She said there is a slope there.
Ackerson asked if there is any egress for moisture at the top. Kuecker did not know.
Wagner said that if the pitch isn't steep enough, they cannot use asphalt. Ackerson said the first question is about
the trim around the edge. Michaud asked if the upper edge would stay, and Kuecker confirmed this. Michaud said
that would hold moisture or let water puddle.
Swaim said given that the owners are really concerned about the water, she would assume they have that, that lip,
under control. Wagner said the fact that there is water up there is because it is not probably insulated. He said it is
melting and runs down; whether it is built-in interior gutters or exterior gutters, they are still going to have those ice
problems. Wagner said the problem is insulation or lack of insulation.
Michaud said that where the two roofs intersect over that backside door roof, the owners could put one of those
metal heat tapes in that gutter and then go down the downspout, it will work there. She said it just needs to have an
exterior plug to be plugged in when it starts thawing.
Michaud said she does not have a problem with exterior gutters, because the Commission has approved them
numerous times. She said, however, that to keep that tray or rebuild the tray at the top is the most significant
architectural feature. Baker said the motion could require that the owner keep the pitch of the roof but also the
detail.
Michaud asked if the crown-molding piece could be replaced with metal so there would not be further deterioration.
Kuecker said that in general the Commission recommends that similar material be used. She said that the
Commission has approved the use of fiber cement board as a replacement for wood as well as a plastic, polystyrene
material for railings.
Kuecker said the owner has been receptive to all of her recommendations. Michaud said she thinks it is only fair to
have an alternative material instead of wood if the details need replaced. Kuecker did not know what the material
currently is. Baker suggested the Commission could require the retention of the tray structure, and if it needs
replacing, require the same material or something approved by staff.
Kuecker said she has made it clear to the owner that he is not allowed to remove the interior gutters but is just
allowed to cover them.
Wagner said that it probably has a hip across the middle of it going the length of the house. He said it is probably
metal, and the trim that one sees around it is wood. Wagner said he is not quite sure what is underneath it, but it is
probably just the tin that is on that cap. He said he did not know how the pitch of the roof could be kept.
Kuecker said that what has been done before is where there is the pitch and the gutter, they have been able to put
just a little bit of slope at the edge, and she told the owner that has been approved in the past. She said it will often
overhang just a little bit so the water goes off the roof.
MOTION: Michaud moved to approve a certificate of appropriateness for the application for 617 North
Johnson Street with the conditions that the roofing material (brand, color, and profile), porch columns, and
porch piers be approved by staff and that all materials and trim, particularly at the crown level of the roof,
be replicated with materials to be approved by staff and the chair. Ackerson seconded the motion. The
motion carried on a vote of 8-0 (Downing McMahon and Thomann absent).
RECONSIDERATION OF CERTIFICATE OF APPROPRIATENESS FOR 1207 MUSCATINE AVENUE.
Kuecker said that the UniverCity Neighborhood Partnership would like the Commission to reconsider the alteration
to the side door of this house. She said that at the May 13 meeting, the Commission denied the alteration to the side
door. She said it is currently approximately six feet tall. Kuecker said that the door itself is in need of replacement.
She said that it is proving to be difficult to fmd a compatible door that is the correct size without spending thousands
of dollars.
Historic Preservation Commission
July 8, 2010
Page 6
Kuecker said the UniverCity staff has found several examples of nearby foursquare houses with taller side doors.
She said that a six foot eight door is a standard size door. She showed an image of the interior of the house to show
how much clearance is available there, because that was a previous concern. Kuecker said staff feels the change to
the door is compatible with the historic nature of the house, provided the door is replaced with one that matches the
foursquare/craftsman nature of the house and that all the trim along the new door or opening matches the existing
trim. She said the plan is to move the header up and just fill in the amount of trim that is needed.
Kuecker showed photographs of some of the other houses with taller side doors. She said there was only one she
was able to measure, and it was a six foot eight inch door. Kuecker said staff recommends approval of this,
provided that the door be approved by staff and all trim around the new door opening match the existing trim.
MOTION: Wagner moved to approve a certificate of appropriateness for the application for the new side
door at 1207 Muscatine Avenue, provided that the door be approved by staff and all trim around the new
door opening match the existing trim. Swaim seconded the motion. The motion carried on a vote of 8-0
(Downing McMahon and Thomann absent).
CONSIDERATION OF MINUTES FOR JUNE 10, 2010 AND MAY 27, 2010.
Kuecker said the date for the May meeting needs to be corrected from May 13~' to the 27~'.
MOTION: Swaim moved to approve the minutes of the June 10, 2010 and May 27, 2010 Historic Preservation
Commission meetings, as amended. Baker seconded the motion. The motion carried on a vote of 8-0 (Downing,
McMahon and Thomann absent).
OTHER:
Kuecker stated that the Commission needs to create a work plan. She asked the Commission members to look
through the Historic Preservation Plan before the next meeting and see what they would want their goals for the next
twelve months to be. Kuecker said that the City Council generally requests the plans around the beginning of
August.
Michaud mentioned information she came across about a driving tour of Chicago. Kuecker said one of the goals of
the Historic Preservation Plan is to develop tours of the City. She said that there are usually six or seven goals on
the work plan so that Commission members would want to look through the Historic Preservation Plan and decide
which ones are most important.
Kuecker showed a series of dates at which historic preservation will be discussed. She said Commission members
are welcome to attend, and there should be at least one commissioner at each meeting to answer any questions.
Kuecker said that usually falls to the chair, unless she is unable to attend.
Kuecker said that the denial of the application for the vinyl siding for the house on Maggard Street has been
appealed and will come before the Board of Adjustment on August 11~'. She said the homeowner would have to
prove that the Commission was arbitrary and capricious in its decision in order to have it overturned.
Kuecker said that next week the Planning and Zoning Commission will be reviewing the zoning code amendments
that are needed in order to implement the handbook changes. She said that will then go to the City Council, likely at
its August 17`t' meeting. Kuecker said the City Council has to have three readings and three votes, which can be
collapsed into two. She said that the new guidelines will probably be adopted by the end of August or mid-
September.
Baldridge asked if the replacement of the house that burned on Davenport Street would come before the
Commission. Kuecker confirmed this.
ADJOURNMENT:
The meeting was adjourned at 7:10 p.m.
Minutes submitted by Anne Schulte
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MINUTES
YOUTH ADVISORY COMMISSION
July 13, 2010 -10:30 AM
HARVART HALL, CITY HALL
FINAL
Members Present: Zach Wahls, Alexandra Tamerius, Jerry Gao, Matt Lincoln
Members Absent: Luan Heywood, Gary Black
Staff Present: Marian Karr, Ross Wilburn
Others Present: None
CALL TO ORDER:
The meeting was called to order at 10:30. Moved by Wahls, seconded by Tamerius, to appoint Jerry
Gao temporary chair for the meeting. The motion carried unanimously, 4/0.
Gao introduced new member Matt Lincoln of Regina High School to the Commission.
ELECTION OF OFFICERS:
Moved by Tamerius, to nominate Luan Heywood for Chair. Seconded by Gao. Wahls offered to
serve as Vice Chair, and suggested Lincoln serve as Secretary. After discussion the Commission
agreed to one motion approving the following slate of officers:
President -Luan Heywood
Vice Chair -Zach Wahls
Secretary -Matt Lincoln
Gao moved to elect the new officers. Wahls seconded the motion. The motion carried unanimously,
4/0.
New vice chair Wahls now chaired the meeting.
MINUTES:
Wahls motioned to approve the April 12 minutes. Gao seconded the motion. Tamerius noted one
correction noting the spelling of her last name was incorrect in the April minutes. The motion
carried unanimously as amended, 4/0.
VACANCY UPDATE:
The Commission briefly discussed the one remaining vacancy from Tate High School.
BUDGET:
The Commission discussed the budget for the new fiscal year. $2,000 has been appropriated for the
Youth Empowerment Grant. The Commission also discussed the Global Village situation. It was in
the hopes of the Commission to use the appropriated money from the previous fiscal year, to aid
Summer of the Arts, specifically Global Village. But since the event has passed and it is a new fiscal
year, the appropriated money was returned to the City at the end of the fiscal year.
Youth Advisory Commission
July 13, 2010
Page 2
SUBCOMMITTEE UPDATES:
The Grant Programming committee was tasked to compose suggestions for improving the
application and guidelines for the Youth Empowerment Grants, which give youth in the community
funds to complete projects to better the community. Wahls addressed many suggestions for the
applications including:
- placing the Youth Advisory Commission somewhere on the application form
- added that not all projects will have a sponsor
- each application should have a return address (City Clerk's office) at the bottom of the page
Wahls also suggested changes to the guidelines of the Youth Empowerment Grant including:
extending the grant cap to $1,000 per grant per project and group per fiscal year.
Copies of the proposed changes will be provided in the next meeting packet. The Commission can
approve a new application and guidelines at the next meeting. There would be no changes to the
Youth Empowerment Grant's criteria at this time.
Tamerius expressed interest in changing from the Website and Advertising Subcommittee to join
the Recognition Scholarship Subcommittee. Lincoln joined the Website and Advertising
Subcommittee.
SUNDAY BUS SERVICE:
Due to a Citizen's Petition for Iowa City to adopt a Sunday Bus Service, Wilburn stated that the
City Council will discuss Sunday Bus Services at their next work session on August 16. Karr added
that information regarding the Sunday Bus Service can be given to the Commission no earlier than
August 12, the day in which the City Council would receive the information. The Commission
showed interest in meeting in between the dates of August 12 and August 16, to take a position on
Sunday Bus Services. The Commission set a tentative date for their next meeting of August 13 at
10:30 AM.
CITY COUNCIL UPDATES:
Wilburn mentioned that the City Council acted upon a petition to repeal the 21-only policy. The
Council had two options: either repeal the ordinance or place it on the ballot. The City Council
voted unanimously to place the 21-only policy on the ballot. Wilburn also discussed that the City
will be interviewing candidates for a City Manger in September. The City Council also approved a
new Police Substation in Pepperwood Plaza The City is now also proceeding with a new Animal
Shelter.
REVIEW OF GRANT APPLICATION FROM SUMMER OF SOLUTIONS
Wahls removed himself from the meeting due to a conflict of interest on the grant application.
However since the Commission lost a quorum, the issue could not be discussed and the meeting was
immediately adjourned, 11:21 AM.
Minutes submitted by Lincoln
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MINUTES APPROVED
IOWA CITY BOARD OF ADJUSTMENT
JULY 14, 2010 - 5:15 PM
EMMA J. HARVAT HALL
MEMBERS PRESENT: Robert Anderson, Caroline Sheerin, Le Ann Tyson
MEMBERS EXCUSED:
STAFF PRESENT:
OTHERS PRESENT:
Barbara Eckstein, Will Jennings
Karen Howard, Sara Greenwood Hektoen,
Tom Walz, Del Stevens
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order by Chairperson Caroline Sheerin at 5:15 p.m.
ROLL CALL: Anderson, Sheerin, Tyson
An opening statement was read by the Chair outlining the role and purpose of the Board and the
procedures governing the proceedings.
CONSIDERATION OF THE MINUTES FOR JUNE 10T" 2010:
Tyson motioned to approve the minutes.
Anderson seconded.
The motion carried 3-0 (Eckstein and Jennings excused).
SPECIAL EXCEPTIONS:
Iowa City Board of Adjustment
July 14, 2010
Page 2 of 9
EXC10-00005: Discussion of an application submitted by the Extend the Dream
Foundation for a special exception to a General Community Service Use in the Intensive
Commercial (CI-1) zone and a Reduction in Parking for Unique Circumstances for the
property located at 730 South Dubuque Street.
Howard noted that this property is right along the railroad lines south of downtown and west of
Gilbert Street. Howard shared photographs of the site to show its configuration. Howard said
that both the Public Access Television (PATV) office and the Extend the Dream Foundation
would share the parking facilities.
Howard stated that the requested exception was for a Community Service Use in an Intensive
Commercial zone. She explained that Community Service Uses can include anything from
social service providers to community centers, and have a range of impacts on the area in
which they are located. Howard said this range of impact is one of the reasons that a special
exception is required; because so many different activities fall under this category, the impact of
a Community Service use varies from case to case. Howard explained that this building had
most recently housed a Community Service use as its upstairs tenant, so the use will not
actually be changing for the property. However, at the time that the previous use was
established, there was no special exception required for a Community Service Use in the CI-1
zone. Howard said that it is a somewhat unusual case, but the Extend the Dream Foundation
does need a special exception to locate in that building, despite the fact that the use is not
changing.
Howard stated that the Extend the Dream Foundation is an organization that assists people with
disabilities in the creation and operation of small businesses, and in providing safe, sane and
sober places for people to socialize. Howard said that the use will be multi-faceted and the
applicant would address that more specifically.
Howard explained that there are a few specific criteria for a Community Service Use in a CI-1
zone. The CI-1 zone is a zone of mixed uses which allows quasi-industrial operations with
outdoor storage and work activities, as well as uses such as daycare, offices, and other
businesses. Howard said that some CI-1 zones are quite industrial looking, whereas the
character of others can be more office commercial. Howard said this particular area has quite a
mix of uses including quasi-industrial, commercial and even non-conforming residential. She
noted that this is a part of town that has been targeted as an area for future redevelopment.
Howard said that the property in question is right in the middle of the area the City calls
Riverfront Crossings, which is the subject of redevelopment planning.
Howard said that this neighborhood is in transition and that this area may feel pressure to
develop into housing and mixed use commercial as the downtown continues to grow southward.
Howard said that staff finds that the proposed use will not alter the overall character of the zone
and will not inhibit future development in the zone. Howard said that this particular CI-1
neighborhood is not a typical CI-1 zone in that there is not a lot of truck traffic or outdoor storage
and activities, and it is slowly transitioning to a more urban neighborhood. Further, the building
in which the use will be located was previously used for a Community Service use without any
adverse effect on the overall character or uses located in the zone. There are many similar
public and private office uses in the immediate area that provide employment and general
services to the public. It should also be noted that the commercial uses in the vicinity are lower
intensity, with little of the outdoor display or truck traffic that characterizes some CI-1 zones.
Howard noted that the area is characterized by the traditional gridded street pattern with
Iowa City Board of Adjustment
July 14, 2010
Page 3 of 9
sidewalks and good pedestrian and transit access. It seems ideally suited to serve clientele of a
community service use, where most clients arrive by public transit, walking or biking.
Howard stated that the applicant has requested a second special exception; one which would
reduce the number of required parking spaces for this particular use. Howard said that based
on the size of this particular building the two uses combined would typically be required to
provide 16 spaces. Howard said that there are currently 15 spaces on site; however, the
parking lots which provide those spaces do not really meet current City standards. Howard said
that in staffs view it might be a good idea to improve the site to make the driveway more
defined, provide separation from the street, and separation between the sidewalk and the
driveway. Howard said that the current parking configuration requires drivers to back out over
the sidewalk and onto Dubuque Street, which is not ideal. The configuration proposed by the
applicant reduces the total number of parking spaces by three; however, it provides a much
greater level of safety, aesthetics, and compliance with current code.
In order to get a reduction in the number of spaces required by the zoning code, the applicant
must demonstrate that there is something unique to the use such that that particular use would
not generate the level of parking required by the zone. Howard said that the applicant has
indicated that most of the clientele and employees for the building would be arriving via bus,
bike, or on-foot. She said that Extend the Dream Foundation felt strongly that reducing the
number of parking spaces would not be a problem. She noted that the applicant has arranged
with the University of Iowa to have permission to allow clients to park in a nearby University
parking lot on those occasions where a larger event is being held at the site.
Howard said that staff feels the applicant has met the criteria in the code that requires the
applicant to demonstrate that their use is fairly unique and may not require the level of parking
required by code. She said that the small enterprises within the Community Service use
typically do not draw clients from the outside community, and PATV has indicated that they
rarely make use of all of their parking spaces.
Howard next addressed the General Standards. She said that the specific proposed exception
will not be detrimental to or endanger the public health, safety, comfort or general welfare. She
said that in terms of the parking requirements, staff feels the current configuration is not
particularly safe and that the reconfiguration, though reducing the number of parking spaces,
will actually improve the safety of the site.
Howard stated that the specific proposed exception will not be injurious to the use and
enjoyment of other property in the immediate vicinity and will not substantially diminish or impair
property values in the neighborhood. She said that there is nothing about the characteristics of
this particular zone that would be affected by this particular use, and it does feel like this use fits
in well with the existing neighborhood.
Howard said that the ingress and egress of the site will actually be improved by the proposed
changes.
She stated that except for the specific regulations and standards applicable to the exception
being considered, the specific proposed exception in all other respects conforms to the
applicable regulations or standards of the zone in which it is located. Howard said that when
the.final site plan is submitted and reviewed, the applicant will have to demonstrate that all other
applicable zoning requirements are met.
Iowa City Board of Adjustment
July 14, 2010
Page 4 of 9
Howard said that the proposed use will be consistent with eth Comprehensive Plan as amended
because the Central District Plan shows this area as a future mixed-use zone - a mix of
commercial and high-density residential uses that are pedestrian oriented design.
Staff recommends that EXC10-00005, an application for a special exception to allow a General
Community Service Use in the Intensive Commercial (CI-1) zone at 730 South Gilbert Street
and to reduce the parking requirement from eight spaces to six spaces for the proposed use, be
approved subject to the following conditions:
1) Substantial compliance with the site plan submitted, including a concrete pad for a
bicycle rack the location of which will be determined by the City;
2) The special exception for a community service use in the CI-1 Zone at 730 South Gilbert
Street is limited to the Extend the Dream Foundation;
3) The special exception for a reduction in the parking requirement from 8 spaces to 6
spaces is limited to the Extend the Dream Foundation. Because there is no change of
use, the entire property will remain grandfathered at 15 required spaces, but this
requirement will be reduced to 13 while extend the Dream Foundation is occupying the
building.
Howard asked the Board if they had any questions.
Sheerin asked if Howard could clarify how six parking spaces was determined to be sufficient
for a use which requires 16 by code. Howard explained that the zoning code requires a certain
number of parking spaces per square foot of floor area. Howard said that according to that
formula, each floor of the subject property would require eight parking spaces. She explained
that there are 16 total spaces required for the entire property. PATV has their eight spaces
already. Extend the Dream has requested a reduction in their parking requirement form eight
spaces to six spaces.
Anderson asked if staff wished to be more specific in its requirements rather than leaving the
broad phrase "substantial compliance with the site plan" open to possible interpretation.
Howard said that most of the details have been worked through already. She said that the curb
cut would remain at 42 feet, with the drive at 24 feet. Howard explained that there are standard
parking space sizes so there is really nothing too complicated about that aspect of the plan.
She said that landscaping is also agreed on at this point.
Anderson asked if there were limitations on the availability of potential on-street parking in the
area. Howard said she did not believe that the parking was metered in that area. Sheerin said
that if the area is in transition, on-street parking may become less available in the coming years.
Howard said that as new buildings are built, parking needs are accounted for. Howard noted
that the previous location for this organization had no off-street parking at all.
Sheerin opened the public hearing.
Tom Walz, Extend the Dream Foundation, said that he has been with the organization from its
inception. He said that they had enjoyed their location on Gilbert Street, but had been virtually
driven out of the location because of the ever-increasing rents. He said they had intended to
purchase a building, but the deal had fallen through. Walz said that it was the organization's
good fortune to be able to find a building that they could lease. The owner of the building is
Iowa City Board of Adjustment
July 14, 2010
Page 5 of 9
another local non-profit, which, Walz said, really needs another non-profit as its lessee. Walz
said that the Everett Connor Center, an agency serving the needs of the disabled in our
community just as Extend the Dream does, had been the previous tenant. Because this was
the previous tenant, the building is already ADA compliant, Walz said. He said that the move to
the new location could not be more ideal for Extend the Dream. He said the location is between
MECCA and the new Shelter House and downtown. He said that the location is near Capitol
House, and in aloes-income zone. He said that most of their clients and customers are people
who do not own cars. He said that the clientele normally comes via SEATS, feet, or bus. Walz
said the location is ideal. Walz said that PAN and Extend the Dream realized that their
programs could be mutually beneficial in a relationship that was more than landlord/tenant.
Walz said that while the two programs will not officially merge, they do wish to join together to
become a neighborhood arts center that will bring the arts to the community in a safe, sane and
sober environment. He said there will be a lot of focus on music, reading and book clubs. He
said that he really felt their vision fit in with the community understanding for the way that the
south side of downtown Iowa City should be redeveloped. Walz said that Extend the Dream is
working with the University to create the nicest music venue in Iowa City, and to include those
students under the age of 21 in their plans for the site.
Walz said that the lack of two additional parking spaces will not be a problem for Extend the
Dream. He said that that area of Iowa City is the most under-utilized, in terms of parking, in the
whole town. He said that the organization has made agreements with the University and the
County to utilize their nearby parking facilities during special events and times where overflow
parking is needed. Walz said that they feel very comfortable with the site and the amount of
parking available there. He said they are also very excited about the make-over the current
parking lot will receive and the additional green space that will result. He said that will make a
positive statement about the direction of redevelopment in the south downtown area. He said
that he thought the building would be beautiful as well as functional.
Del Stevens, architect for Extend the Dream, thanked Walz for the service Extend the Dream
provided to the community. He said there was no greater service than trying to improve the
lives of individuals with disabilities. He said the plans follow Iowa City's requirements and
improve the overall look and function of the area. He offered to answer any questions from the
Board.
Sheerin asked if one handicapped parking space was really going to be sufficient. Stevens said
it is, particularly because the present site offers no off-street parking. Tyson noted that they are
actually gaining parking. He noted that the parking space will actually be large enough to
accommodate a full sized van, not just a car. Walz said that trying to watch a SEATS van
unload off of a busy street is very frightening, and that this space will protect riders from those
kinds of dangers. Sheerin asked if it was correct that the University parking spaces would only
be available to Extend the Dream during some sort of special event. Walz said that was correct.
Walz explained that Extend the Dream provides space for a lot of the Alcoholics Anonymous
(AA) meetings in the downtown community. He said that noon AA meetings may need up to 15
parking spaces, but that PAN does not open until after that time, so their spaces will be open
and available at that peak time. Walz said there is an entirely unused University parking lot
nearby that Extend the Dream is negotiating for overflow parking. He noted that that lot
becomes a public lot after five, so there will never be night-time parking issues. Anderson
asked Howard to point that lot out on the map. She did so, adding that the County parking
facility may also be a possibility for public parking in the evenings. Walz said there are no real
reserved parking spaces in that ramp, and that while they have not specifically negotiated using
Iowa City Board of Adjustment
July 14, 2010
Page 6 of 9
the parking space for anything except for one large, annual event, he did believe that it would be
a possibility. He said those ramps were currently underutilized.
There were no further questions from the Board.
Sheerin invited members of the public to speak. No one wished to speak to the issue.
Sheerin invited a motion.
Tyson motioned to approve EXC10-00005, an application for a special exception to allow
a General Community Service Use in the Intensive Commercial (CI-1) zone at 730 South
Gilbert Street and to reduce the parking requirement from eight spaces to six spaces for
the proposed use, subject to the following conditions:
1) Substantial compliance with the site plan submitted, including a concrete pad for
a bicycle rack, the location of which will be determined by the City;
2) The special exception for a community service use in the CI-1 Zone at 730 South
Gilbert Street is limited to the Extend the Dream Foundation;
3) The special exception for a reduction in the parking requirement from 8 spaces to
6 spaces is limited to the Extend the Dream Foundation. Because there is no
change of use, the entire property will remain grandfathered at 15 required
spaces, but this requirement will be reduced to 13 while extend the Dream
Foundation is occupying the building.
Anderson seconded.
Sheerin invited discussion from the Board.
Anderson said he was quite comfortable with the plan, and he thinks it is a great addition to the
site. He applauded the efforts of Extend the Dream.
Tyson said she too appreciated all of the efforts the Extend the Dream Foundation has made in
the community over the years, and is glad to see them moving forward.
Sheerin said she felt the same way, and was glad that the organization was moving farther from
the area of downtown that was saturated with alcohol. She said this seemed like a better
location for them.
Anderson presented the findings of fact. He said that the use would not significantly alter the
overall character of the zone. He said the size and scale of the development and projected
traffic generated to and from the site are appropriate to support the proposed use without
negatively impacting nearby properties. Anderson said that this specific use has unique
characteristic such that the number of parking spaces required by the zone are not really
needed. He said the reduction in parking requirement is justified. Anderson said that the
reconfiguration of the parking on-site is going to benefit the overall traffic flow. Greenwood
Hektoen asked Anderson to expand a bit on what the unique characteristics are that make the
parking reduction appropriate. Anderson said that he thinks the population served by the
facilities and the modes of transportation generally used by the clientele (according to Walz)
makes the parking reduction reasonable.
Iowa City Board of Adjustment
July 14, 2010
Page 7 of 9
Anderson said that the specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort or general welfare. He said the reconfiguration of the parking
spaces is going to be a very good thing for the site. He said the added green space will also be
beneficial.
Anderson said that the specific proposed exception will not be injurious to the use and
enjoyment of property in the immediate vicinity and will not substantially diminish or impair
property values in the neighborhood. Anderson said that this was a very compatible use. He
said the previous occupant was an organization that was similar in nature. He said that he did
not anticipate any change at all in the surrounding neighborhood, and that he believed the
location and the agency are a very good fit.
Anderson said that utilities, access roads, and drainage are already in place and are adequate.
The establishment of this exception will not impede the normal and orderly development of the
area.
Anderson said that adequate measures have been designed to provide for safe ingress and
egress. He said that he is glad to see that arrangements are being made in case the need for
additional parking should arise.
The specific proposed exception in all other respects complies with the applicable standards of
the zone. Anderson said that the final site plan will provide a better indication of this.
Anderson said the proposed use will be consistent with the Comprehensive Plan as amended.
He said the fact that this area is under redevelopment is a good thing. He said that if the area is
to be made more pedestrian friendly, then the reduction in parking is a good thing.
Tyson said that she agreed with Anderson that this is a fine use of the space and a good
addition to the neighborhood.
Sheerin said she too agrees with the comments of her colleagues. She said that the
organization is sure to be a good addition to the area. She said that it appears that the nature of
the clientele will be such that there are not a lot of heavy car users, so the full amount of parking
may not be as necessary as it might be for another business. She said that the fact that the
other occupant of the building, PAN, does not need all of its spaces all of the time is a
contributing factor in her decision. She said this is a really good social service.
Sheerin closed the public hearing.
A vote was taken and the motion carried 3-0 (Eckstein and Jennings excused).
The motion was declared approved.
BOARD OF ADJUSTMENT INFORMATION:
Howard noted that the next Board of Adjustment meeting is scheduled for August 11, 2010.
Iowa City Board of Adjustment
July 14, 2010
Page 8 of 9
ADJOURNMENT:
Tyson motioned to adjourn.
Anderson seconded.
A vote was taken and the motion carried 3-0 (Eckstein and Jennings excused).
The meeting adjourned at 6:01 p.m.
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2b 7
MINUTES
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JUNE 30, 2010 - 6:30 PM
EMMA HARVAT HALL, CITY HALL
APPROVED
MEMBERS PRESENT: Andrew Chappell, Andy Douglas, Jarrod Gatlin, Holly Jane Hart,
Michael McKay, Rebecca McMurray, Brian Richman
MEMBERS ABSENT: Charlie Drum, Rachel Zimmermann Smith
STAFF PRESENT: Tracy Hightshoe, Steve Long, Linda Severson, Kristin Watson
OTHERS PRESENT: Charlie Eastham
RECOMMENDATIONS TO THE CITY COUNCIL:
CALL TO ORDER:
The meeting was called to order by Chairperson Brian Richman at 6:30 p.m.
APPROVAL OF THE APRIL 15.2010 MEETING MINUTES:
Chappell motioned to approve the minutes.
McKay seconded.
The motion carried 5-0 (Douglas and McMurray not present at time of vote; Drum and
Zimmermann Smith absent).
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA:
None.
STAFF/COMMISSION COMMENT:
Long said that the City had purchased four more properties through the flood buyout program,
bringing the number of homes acquired by the City to approximately 50. Richman asked what
would happen to the properties acquired by the City. Long said the properties would become
open space. Long said that out of 137 flooded homes, there were only 39 left that had not been
bought out. Long said the long-term goal would be to acquire all of the homes in areas such as
Normandy Drive and dedicate the properties to open space.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JUNE 30, 2010
PAGE 2 of 13
Long said that the lottery drawing had been held for the Single Family New Homes Program; a
program funded by flood recovery dollars to replace housing stock eradicated by the floods. He
said that 40 homes have already been built; the lottery was for the additional 37 homes that are
in the process of being built. Long said that staff anticipates that 28 of the homes will be done
this autumn. Hart asked where the homes were located. Long said that the homes are
scattered all throughout the community.
Fair Housing Presentation by the Iowa City Human Rights Department:
Kristin Watson noted that she had spoken to the Commission before, and asked if they wished
to hear her standard presentation on the history of human rights issues and housing, or if they
preferred to be updated on the specific changes to the federal Americans with Disabilities Act
(ADA) that have recently been passed. The Commission indicated a desire to hear the ADA
updates. Watson noted that she had a handout that would give Commissioners the information
typically contained in her overview presentation.
Watson said that there are no real "rules" yet for the changes to the ADA, as the public
comment period on the legislation had just ended in November 2009. She said that it could take
the federal government another year or so to get the rules out.
The ADA was enacted in 1990. She said that the law was almost immediately reined in by the
courts, which made decisions limiting the scope of the law, thereby limiting its effectiveness.
Watson said that in 2008 the legislature attempted to correct what it saw as unfair
interpretations of courts that were not in keeping with the original intent of the law. As a result,
the legislature passed this updated legislation.
Watson said one of the key questions to be argued in the courts was what actually constituted a
"disability." Watson said it had become increasingly difficult for people to prove that they were
actually disabled. She said the basic definition said that "a disability is a physical or mental
impairment that substantially limits one or more major life activities." She said that while this
might sound like a reasonable definition, there was extensive argument in the courts about what
this actually meant, often resulting in huge obstacles to plaintiffs who felt that they had been
discriminated against due to their disability and were seeking redress through the courts.
Watson said that the amendments to the ADA were intended to lower the threshold for
"disability" and to direct the courts to construe the language in favor of broad coverage.
Another point of argument in the original definition was what constituted "a major life activity."
Congress specified a list of activities and major bodily functions in order to be clear what is
considered a "major life activity." Watson said that often there were arguments in the courts
over whether a person was disabled enough to be considered "disabled." In the case of
diabetes, Watson noted, one person might be seriously debilitated by the disease and another
might be less so: same disease, but only one would be considered disabled under the old
reading. Under the new rules, they would both be considered disabled.
Watson said that another point that had been argued in the courts was "mitigating measures."
She said that the courts put people in a terrible position by saying that if there was an assistive
device, technology or medication that made the condition less disabling, then that person might
not be considered disabled. Congress said in the new rules that mitigating measures cannot be
counted "against" someone in determining whether or not they are disabled. She said the idea
was that even if, for example, a person's diabetes can be controlled by medication, it still affects
that person's life and can disable them.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JUNE 30, 2010
PAGE 3 of 13
Watson said that in the past, courts had disallowed conditions that were "episodic" or in
remission from qualifying as a disability. Watson said that under the new rules, if a person has
a condition that is not presently active but would be disabling if it were active, that person
remains disabled even during periods of remission. She said conditions such as diabetes,
asthma, depression, cancer, epilepsy and bi-polar disorder often were argued over in the courts.
Hightshoe asked if these definitions of disability covered all federal programs, or if it was just to
get on disability or for employment discrimination. Watson said the list she was quoting is from
the Equal Employment Opportunity Commission (EEOC), so its context is employment. The
ADA itself, she said, covers both. Further, she said, the Fair Housing Act covers disability as a
protected status, so the definitions all cross over. McKay asked if the EEOC list meant that a
given disability would be treated the same way under the Fair Housing Act. Watson said she
would not say that across the board, but that the EEOC is a good guide. She said that the Fair
Housing Act has the same definition of disability as the ADA, so it would make sense if the
analysis also crossed over.
Richman said that the Commission's primary role is in developing new affordable housing
and/or rehabilitating existing affordable housing. He asked how the changes to the ADA are
likely to impact any of that. Watson said there are two prongs of fair housing issues: zoning
issues and landlord/tenant type issues. Watson said that there are often ADA issues that arise
in terms of accessibility and building standards. Watson said that section 504 of the
Rehabilitation Act is probably quite pertinent to the Commission's work because it impacts all
federally funded programs. Watson said that frequently when lawsuits happen they are "kitchen
sink" type things, with as many laws cited as possible because one of the grounds might stick
and the others might get thrown out. Watson said that examples of problems the Commission
could run into would be much more subtle than housing discrimination historically, which dealt
with blatantly discriminatory covenants and zoning codes. She said it once was quite common
for subdivisions and developments to have covenants stating that the homes could not be sold
to anyone other than white Christians. Long noted that in the abstract for one of the homes
purchased by the City in the buy-out there was a clause stating that the home could not be sold
to a non-white person. Watson said such covenants were not outlawed until 1948.
McKay asked if any of the ADA changes that just came out would really significantly impact
housing. McKay asked what the affect on access to housing would be for someone that could
now be classified as disabled because of their diabetes. Watson said that it may be an issue of
landlord/renter perception. She said that diabetes may not be a huge impediment to renting, but
it could be to employment. She said that there are lots of disabilities that might be restrictive
from a landlord's point of view. Watson said that her office most commonly hears complaints
about being discriminated against because of a mental disability. Often times, such people will
have been determined not to be disabled enough to live in a group home or institution, but face
discrimination in finding an apartment to rent.
Hightshoe asked what an affordable housing provider would be required to do in a case where
there is an older unit and a potential renter with amobility-impairment. Watson said that the
provider is obligated to make reasonable accommodations for the disability; she acknowledged
that the term "reasonable" had led to a lot of legal arguments. Watson said that what is
reasonable depends on the means and needs of both the tenant and the landlord. Watson
said that buildings constructed after 1993 are required to be accessible. The questions arise for
buildings constructed prior to 1993, and what is "reasonable" to do in order to make them
accessible. Watson said that the tenant and landlord have to engage in an interactive process,
wherein the tenant asks for an accommodation and the landlord and tenant determine if the
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JUNE 30, 2010
PAGE 4 of 13
request is reasonable and feasible. She noted that the landlord does not have to give the
tenant whatever the tenant desires. She also noted that the landlord cannot ask about a
disability prior to an accommodation request. However, once an accommodation request is
made, the tenant can be required to demonstrate why the accommodation is necessary.
Watson said that one area where this comes into play is in service animals. She said that if a
tenant is blind and has a guide dog, the relationship is fairly obvious and straightforward.
Whereas if a tenant says that they have a mental disability and that their cat is a therapy animal
for emotional assistance, the need for the accommodation might not be so readily apparent to a
landlord, and additional information/documentation may be required.
McKay asked to what extent a housing provider funded by HCDC would have to make a house
they were rehabilitating ADA compliant. He asked if the provider would be required to put in
ramps and widen doorways. Watson said that is where the test for reasonable accommodation
comes into play. She said those types of things would have to be reviewed on a case-by-case
basis. Any new construction would have to meet all federal guidelines.
Long noted a section on page four of Watson's handout that outlined what could not be
discriminated against. Long said that was probably something that the Commission could keep
in mind as they were allocating money. Watson said that federal, state and local laws are
different. Watson said that in our legal system a state law cannot do anything opposing federal
law or contravening its purpose, but it can expand upon it and change the details of it. Watson
said that in this case the federal Fair Housing Act covers race, color, national origin, sex,
religion, family status and disability, Iowa's law adds sexual orientation, gender identity,
retaliation and creed, and Iowa City adds public assistance as a source of income, marital
status, presence or absence of dependents, and age.
Watson said that discrimination in housing sometimes manifests in the following ways: refusing
to rent or sell to a person, representing that a unit is not available, showing people homes in
only certain neighborhoods, not giving information on financial status (such as different types of
bank loans available), and discriminatory advertising (specifying the "type" of renter desired).
She said that marketing to a certain population is within the bounds of the law. She gave the
example of The Lodge which caters to students. She said it is fine to cater to students and
market to them; however, The Lodge could not refuse to rent to a family on the basis that they
have children.
Richman asked if there were any other questions from the Commission; there were none.
Long noted that this briefing had been scheduled long before the City had received a letter from
The Housing Fellowship alleging potential violation of the Fair Housing Act by the City for
refusing to approve a specific site for aloes-income housing project. Long said that the
Commission would be updated on that matter when the City Attorney's Office had finished
reviewing it.
Watson thanked the Commission for their time.
Discussion of the City of Iowa City Human Services Agency Funding:
Long said that a City Council member had recommended that the Aid to Agencies process be
reviewed. Long said that Linda Severson of the Johnson County Council of Governments
(JCCOG) was present to discuss the matter, and was very familiar with that process.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JUNE 30, 2010
PAGE 5 of 13
Long said that Aid to Agencies basically provides operational funding for 13-15 non-profit
agencies in Iowa City. Long said that money is pooled from the general fund, CDBG, and some
funds from utilities to provide this funding. Long said that at present, two City Council members
sit down with Severson each year and review the applications for funding and make
recommendations to City Council. One City Council member has suggested taking a look at the
possibility of HCDC absorbing that $425,000 and looking at all of the public service agencies
together and then making a recommendation to the City Council. Long said that Severson
would continue to assist with the process, as she is quite knowledgeable on the subject.
Severson said that Aid to Agencies funds 13-14 agencies each year. The application is a joint-
funding application completed by agencies requesting funds from Iowa City, Coralville, Johnson
County and/or United Way. The joint application is so that each of the funding sources can be
sure to have the same information, and to make the application process easier for the non-profit
agencies. Severson said the application is somewhat more in depth than the CDBG/HOME
application and requests information on the requestor's short-term and long-term goals,
demographic information on their clientele, staffing questions, and collaborative efforts.
Severson said each applicant is asked to provide a balance sheet and a budget, with athree-
yearview. Information is requested on the organizational structure of the agency, including
information on its Board of Directors, non-monetary sources of support (such as volunteer time),
and other grants/funding sources. Severson said the application spans approximately 15
pages, and the broader, more in-depth nature of the application is because the support being
provided is also broader and is for operational expenses. Severson pointed out that
CDBG/HOME applications tend to be project-specific, whereas Aid to Agencies is intended to
support the agency as a whole or for a specific program within the agency.
Severson said that if HCDC decides to take the Aid to Agencies process on, then it might gain
some insight and knowledge that would help in its own allocation process, as many of the
applying agencies are the same. Severson said that site visits are a part of the application
process.
Richman asked if the list of agencies that are funded is fairly consistent from year to year;
Severson said that it is. Severson said that the program tends to be pretty flexible as to how the
agencies spend the money because so many other funding sources have specific requirements
for how it is spent. She gave the example of the Free Medical Clinic, which uses Aid to Agency
money to pay its utility bills; they are able to get other funding sources for medications and
medical tests, but they need lights and heat to be able to actually see patients. Severson said
she believed that this flexibility is something the agencies really appreciate about this funding.
Chappell asked what the timing of the application process is. Severson said that applications
are due September 1S` and she tries to get them to the City Council by November. She said the
timeline and start date are similar to that of the CDBG/HOME process. Douglas asked if the
idea would be to discuss four categories during the allocation process, rather than three. Long
said that was a possibility, or Aid to Agencies could be considered separately.
Severson said the funding tends to continue from year to year with Aid to Agencies, whereas
with CDBG, the funding tends to be more project based with a specific start and end. Richman
asked what the City Council rationale was for suggesting this responsibility be moved over to
HCDC. Long and Severson did not know the reason for the request.
Hart noted that in the past there was some discussion on the Council's part of removing the
CDBG/HOME allocation process from HCDC altogether. Hart said that her understanding was
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JUNE 30, 2010
PAGE 6 of 13
that one of the reasons Aid to Agencies existed was because the agencies relied on it for major
operational expenses, some of which were tied to the need to have guaranteed income for
future years. Long said it was possible, but that there is still no guarantee from year to year.
Hightshoe said that her understanding is that City Council just wants to know if HCDC is
interested in reviewing the process; if HCDC wanted to take it on or to dramatically change the
funding process then they would have to go back to Council to do that.
Chappell asked if the Council member who requested that this be considered is one of the
Council members who currently participates in the review of Aid to Agencies applications. Long
said that he is not sure which Council member made the request, but that his understanding is
that the Council member has reviewed Aid to Agencies applications in the past.
Chappell asked what criteria Severson and the two reviewing Council members used to
evaluate the applications. Severson said that she provides information and finds answers to
questions; the Council members determine dollar amounts. Chappell asked if there was a
ranking system and Severson said there was not.
Chappell said that he does not have a problem doing more work if the Council thinks HCDC
should take this on. He said it was an interesting request; however, he is concerned that the
Commission's name, by-laws and the resolution creating it would all have to be amended to
accommodate that request, unless community development was considered in its broadest
sense. Chappell said that if the Aid to Agencies funding cycle did not run directly parallel to the
HCDC funding cycle that would be more convenient, because adding an entirely separate
funding process on at the busiest time of the year is not ideal. He said that if the applying
agencies are largely the same for both funding sources, it may not be realistic to expect entirely
independent reviews.
Richman said that historically the amount that HCDC has available to allocate for Public
Services is on the order of $10,000. He said that if the Commission takes on Aid to Agencies, it
might make more sense to just roll that $10,000 into Aid to Agencies to avoid going through the
same process twice to allocate operating dollars to agencies.
Hightshoe noted that one of HCDC's bylaws states that one of the Commission's duties is to
review and make recommendations to Council regarding the use of public funds to meet the
needs of low-to-moderate income residents. Chappell asked if all of the applying agencies
would serve low-to-moderate income residents. Severson said the vast majority of them do, but
she would have to look into it to be sure. She said that in the past they have looked more
closely at the services the agency provided than at the income level served.
Severson noted that Aid to Agencies applications are due in September and the CDBG
applications are due in January. Timing-wise, the Commission could look at Aid to Agencies as
more of an autumn activity rather than running parallel to the CDBG/HOME application process.
Long pointed out that if that were done then it would still work to estimate $10,000 of Public
Services money is added to the Aid to Agencies funding. Long said that one thing that is nice
about keeping the Public Services amounts small is that it does allow for new, smaller
applicants to come into the funding. He said that $2,500 sometimes makes all the difference for
a start-up. McMurray said that at one point HCDC had discussed the idea of disallowing Public
Services funding for anyone already receiving Aid to Agencies, but that they had never followed
through with the idea. She said that idea was intended to encourage new applicants.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JUNE 30, 2010
PAGE7of13
Richman asked if anyone had any specific thoughts about advantages or disadvantages to
HCDC taking on this process. Hart said it interests her to know who made the request. She
wondered if it was the case that the funding process had become too politicized or if the
requesting member simply wanted another set of eyes on the process. Chappell said that there
could be a perception that the two individuals making the recommendations to the rest of the
Council play too big a role in the funding process, noting that this was pure speculation. McKay
said that he felt that the Commission was broad enough and big enough that there are many
different approaches to thinking about these issues, and that might be a healthier way of
allocating the money. To him, it would provide a better chance at objectivity. Chappell said it
may also be that the City Council as a whole might feel more comfortable changing or going
against recommendations that come from an outside body rather than two of its own members.
Hightshoe said she could see both advantages and disadvantages. She said that as she sees it
the advantages are: 1) an appearance of greater objectivity, 2) being able to combine the Public
Services money with the Aid to Agency money, and 3) it could address the criticism that Aid to
Agencies funding does not always match the priorities listed in CITY STEPS. Hightshoe said
the greatest disadvantage is that it is more work and an additional 15-16 applications per year
will be much more time consuming. Severson said that staff does not know what kind of City
Council support there is for making this move; they only know that one person made the request
that the idea be examined. She said that she does not have a good sense for whether or not
this will actually go anywhere.
Severson said that funding amounts vary from approximately $5,000 to $60,000 per year for
agencies. She said that last year a new agency had been funded, and a fairly big agency had
their usual funding reduced. She said the Council members stated the reduction was because
the money amounted to a fairly small percentage of the agency's budget and so would not be
overly painful, and had nothing to do with service delivery or administration. Severson said that
for some agencies Aid to Agencies is a significant percentage of their budget. Douglas asked
what the ratio generally was between funds requested and funds rewarded. Severson said that
there is always much more requested than is rewarded, generally about twice the amount.
Severson said that she believed that at one point in time agencies were directed not to request
more than a 3-5% increase in operational funding from Aid to Agencies. Additionally, agencies
have been asked to request only what they need, with the understanding that full funding is
unlikely.
Richman asked if it was correct that the Commission did not really need to make a motion on
this item one way or the other; that the discussion was intended as a way of gathering
information on the matter. Long said that a recommendation on whether or not HCDC wished to
pursue the idea might be helpful. Chappell said that he does not have any problem with doing
the work if the City Council decides they want the Commission to do it; however, he said he had
some problem with the idea of making a recommendation that the Commission wants it or wants
to pursue it because he does not want to give the perception that the Commission is seeking to
expand its area of influence. He said he has no objection to it, and if it comes to pass his
preference would be to front-load the application process to the autumn months to avoid two
parallel allocation processes. McKay said he felt much the same way. Douglas said it seems in
some ways like a natural fit for the Commission and he would not mind taking it on. McMurray
said she would be fine with taking it on, and Hart and Drum indicated that they too were fine
with that.
Richman said his impression of the Commission's feeling on the subject is that if City Council
allocates this responsibility to the Commission, there is a willingness among Commissioners to
do it. Agreement with this statement was indicated. Severson noted that it is her understanding
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JUNE 30, 2010
PAGE 8 of 13
that she would continue to staff this particular process, and that she felt she and the
Commission could work well together on it.
Discussion of $2 9 Million in Anticipated Program Income to be Allocated for a Levee on
the West Side of the Iowa River and Other Proiects:
Long explained that the Aniston Village project, a project of The Housing Fellowship, was
awarded $2.9 million in supplemental disaster CDBG funds in October 2009 for construction
financing of a 22-unit low-income housing tax-credit project. Long said this project is moving
along nicely. Long said this construction loan is to be paid back to the City as administrator of
the loan even though the funds were from the State. When the loan is paid off in May 2011, the
City will receive $2.9 million. Long said the Commission needed to start thinking about how it
wished to spend those funds. He said that there is a whole public process to be gone through
before committing any funds, as well as amending the Action Plan, so this is just the beginning
of the discussion.
Long said that the City had hired a consultant after the 2008 floods to do some future planning
for flood mitigation. Long said that the proposed west levee extends essentially from the
railroad tracks just north of Commercial Court all the way down to the new McCollister Bridge.
Long said that the reason this is coming up right now is because there was a round of I-JOBS
funds that were announced this spring which have an application due date of August 2"d. In
order to apply for those funds, Council approval must first be obtained. Staff is recommending
that a portion of the $2.9 million being returned to the City is set aside to construct a levee to
protect Thatcher Mobile Home Court, Baculis Mobile Home Park and Commercial Court. This
levee would protect approximately hundreds of homes and 23 businesses. The City hired an
engineering firm which estimated the project at $4.4 million; the City hopes to pare that down to
$4 million over the next couple of weeks.
Long said staff is requesting that $1.9 million of the Aniston Village money be set aside as a
match for the I-JOBS grant. Long said the project seems to have some congressional support.
He said the primary vehicle for the City's flood mitigation has been through the acquisition of
property. Long said that in this case that strategy will not work, as the property owners do not
wish to sell. He noted that a temporary levee built from sandbags was constructed for the area
during the floods and it helped keep the area from being severely damaged. Richman asked if
the mobile home parks were privately owned. Long said they were. Richman asked if they
were owned by the residents of the mobile home parks; Long said the residents pay rent for
their lots. Richman asked if the expectation is that the mobile home parks will continue to
operate as mobile home parks, or if the owners intend to develop the property as something
else; he noted that a permanent levee would certainly make the area more developable and
increase its property value. Long said he did not know what the short-term plans for the
property were; he said the City's Comprehensive Plan for long-range planning does not include
mobile home parks at all. Long said that as of today the current owners do not wish to sell their
properties. Chappell asked if an east levee was going to be built. Long said there was no
funding for it at this time.
Douglas asked what it means when the Comprehensive Plan does not "list" a housing type.
Long said that it certainly could continue to exist but that the Comprehensive Plan was along-
range planning document for where and what kind of development the City would like to see
occur. Severson noted that many other communities have used CDBG money to do such
improvements. She said it is an eligible expense; Iowa City just tends to use the funds for
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JUNE 30, 2010
PAGE 9 of 13
agencies that provide community services. Long said that what was attractive to staff about this
project is that it is an area where low-to-moderate income people live that is vulnerable to
flooding.
Chappell asked if there have been other projects discussed that might be of better benefit to the
residents, such as moving their mobile homes to a park that is not flood prone. Long said the
last relocation of a mobile home park cost the city $500,000. Chappell said that had been a
forced relocation which paid all costs, whereas this would be strictly voluntary. He asked if the
City had considered any other way of protecting those residents. Long said the owners of the
mobile home courts will not sell. Chappell said he is not talking about buying the entire
property. He said he meant that if there were individual home owners who want to voluntarily
move their mobile home to a mobile home park less prone to flooding, would there be any way
to assist those residents. Long said he did not know where such money would come from. He
noted that most of the mobile homes cannot be moved anyway. Severson said she wished to
mention that mobile homes really are not very mobile these days due to their size. She said
another challenge is that a lot of mobile home courts will not accept used trailers in their lots.
She said that they pretty much want to sell one of their own units to their residents, and that
there is not much moving of manufactured housing units that actually goes on. Long said that
there also not very many mobile home lots available in the city, though there are some in the
county. Hightshoe said that the City had attempted to move these mobile home parks after the
1993 floods, but the plan fell through.
Richman said that it sounds as though CDBG funds have generally not been used to fund
infrastructure improvements in the past. He said he could understand why such a large pot of
money would be looked at for infrastructure purposes. Richman asked where this particular
levee project fell on the list of infrastructure priorities for the city. Long reminded him that they
had to be projects to assist low-to-moderate income people. Long said the project does appear
in the Capital Improvements Plan (CIP) which has been adopted by City Council; however, it is
an unfunded project in the CIP.
Chappell asked why no money had been set aside in the FY11 budget to meet the 50% match
requirement for the I-JOBS grant. Long said the match requirement was new, and was not in
the first I-JOBS grant. Long said that the engineering has been done, so the project is basically
shovel ready.
Chappell asked if the low-to-moderate income connection to the area was strictly because of the
residences. Hightshoe said that was correct; the businesses are just in a census tract of low-to-
moderate-income residences.
Chappell said it seemed to him that the owners of the mobile home parks are the ones to see
enormous benefits from this levee. Long said the businesses in the area will also benefit.
Chappell said that he meant that the owners receive much greater benefit from the levee than
the low-to-moderate income residents of the mobile home park. Long notes that levees are not
guaranteed, so the protection is also not guaranteed. Long explained that the City owns quite a
bit of land surrounding the Baculis and Thatcher mobile home parks.
Douglas noted that the money is coming from the repayment of a construction loan for
affordable housing and asked if any consideration had been give to pouring the money back in
to the construction of affordable housing. Long said that construction is not allowed with CDBG
money, but affordable housing could be supported with the funding in other ways. Long said the
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JUNE 30, 2010
PAGE 10 of 13
money has to be used quickly as there is a "timeliness" test for CDBG funds. Hightshoe said
the City has about a year to spend it due to expenditure measures used by HUD.
Chappell noted that the Commission has heard complaints that the land the City Council would
like to have used for low-to-moderate income housing is too expensive to purchase; however,
ways were apparently found to pay $2.9 million for that very thing. Long said the possibility of
land banking lots for future development by housing providers is allowable under CDBG rules.
Richman said that the City's Comprehensive Plan seems to be indicating that the ultimate goal
is to have commercial or commercial/industrial development in that area.
Long said that the eastern part of the property is in the 100-year floodplain, with a couple of
homes actually in the floodway.
Chappell asked if the City had any short-term plan for redevelopment of those areas. Long said
with that many people living there the City would not have any plans for redevelopment. He
noted that there is a trail planned for the top of the levee, but that it would be paid for by another
funding source.
Richman said that ultimately it is a $4 million project to protect 160 mobile home residences,
which is about $25,000 per unit. Long pointed out that it would also be protecting businesses.
He said that protecting the tax-base is an important part of the project. Chappell said that
ultimately the tax base is what would really be protected by this levee, considering that the
Comprehensive Plan does not even include residential living in that area. Richman noted that
the levee would make the land more valuable. Chappell added that this could in turn make the
rents higher.
Douglas asked if staff was asking for a recommendation on this issue. Long said that a
recommendation has been requested but is not required. Long said that City Council will be
discussing the project as a whole on July 12`n
Chappell asked how confident staff is that the money that is due in May will actually be paid.
Long said they are very confident, as there is an agreement in place.
McKay said he is in favor of supporting the request.
Gatlin said that his position would be not to make a recommendation at all and to let Council
decide how to proceed.
Richman said that without a better idea about the other infrastructure needs in the city and the
long-term plans for the site, it is hard for him to make a recommendation at this point.
McKay moved to support the request that $1.9 million in CDBG funds be set aside for the
levee project on the west side of the river.
Hart seconded.
Richman asked if there was any further discussion.
Chappell said he is not supportive of the project as it has been presented. He said that he
understands why staff is making the request now, but that he does not know enough about what
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JUNE 30, 2010
PAGE 11 of 13
kinds of requests will come in for this money to know if it is the best idea. Chappell said there is
potential for untold creativity for applicants with this size of pot available to them. He said there
are too many important questions unanswered about the project and he cannot support it at this
point.
A vote was taken and the motion failed 4-1 (Chappell, Gatlin, Douglas and Richman
opposed; McKay in favor; Hart and McMurray abstained).
Long noted that City Council would discuss this issue on July 12tH
Subcommittee Report: Community Development Celebration:
Hightshoe said the celebration will be held at First Mennonite Church, which houses the Home
Ties program. Home Ties provides free daycare to homeless children while their
parents/guardians look for housing and /or employment. Hightshoe said that the celebration will
be held Thursday, August 19tH, from 4:30-6 p.m., with an awards ceremony at 6:00 p.m.
Hightshoe said the speakers have not yet been confirmed, but the mayor will be present. She
noted that Richman would not be available to make the closing remarks and she wondered if
any HCDC member would be interested in giving 2-3 minutes of closing remarks. McKay
offered to do give the closing remarks.
MONITORING REPORTS:
FY07 & FY08 Habitat for Humanity -Homeownership (Chappell): Chappell said that all
funds had been expended, with 90% being spent within 6 months of the funds being released.
All of the FY07 homes will be completed by the end of this year and the FY08 homes by next
summer.
IC Housing Rehabilitation (staffl: Long said that the housing rehab staff is still handling flood
recovery projects. Generally, they administer federal programs and use local geo-bonds to fund
rehab programs. He said there are six different programs through this office. Long said it was a
very busy year in which over a million dollars in flood recovery and CDBG money was spent.
This office helps out with the UniverCity Program, funded through I-JOBS. Long said the City
will have acquired eight homes through this project as of August 1St
IC Economic Development (staffl: Hightshoe said that at the beginning of the year there was
$120,000 in funds. She said that over the course of the year three applications have been
received. Corridor Drywall was funded at $35,000. She said the purpose of the fund is not to
compete with private lenders. One application was denied due to lack of applicant contribution,
and one was denied because they were eligible for private financing. One business funded in a
prior year, Atlas Home Services, defaulted, and the Attorney's Office will be representing the
City's interests in the resulting bankruptcy and foreclosure proceedings.
Hightshoe said that another $108,000 will be set aside as of July 1St, giving the program
$193,000 to work with. Staff has been looking at ways to promote economic development
activities in the Towncrest, Riverfront Crossings, and the St. Pat's development area with limited
staff/planning time. On July 12tH City Council will be looking at a proposed agreement between
the City and the National Development Council, an agency providing technical and planning
assistance to cities.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JUNE 30, 2010
PAGE 12 of 13
Richman asked if there were any changes that staff would recommend that would preclude a
default like Atlas' from occurring in the future. Hightshoe said she did not think so. She said
that Atlas had a much larger loan from a local lender and the economic development funding
was more of a gap financing. The bank also reviewed the business through their underwriting
criteria and made a large loan to the business. She said the business was owned and managed
by a married couple. The last update from the business was that the business owners were
living in separate residences and were going through adivorce/separation. It appears that this
precipitated the collapse of the business. Long said that he believes there has only been one
other instance of default in the last ten years.
Aid to Agencies -United Action for Youth (Douglas): Douglas said he had a call into the
director but had not yet connected with him. Hightshoe said UAY spends out its allocation every
month. The money was spent for counseling, at-risk youth, and teen moms.
Long thanked McKay for speaking at the dedication of the Wetherby Splash pad as a
representative of HCDC. Long said that has been a wildly popular CDBG funded project.
ADJOURNMENT:
McKay motioned to adjourn.
Hart seconded.
The motion carried 7-0 (Drum and Zimmermann Smith absent).
The meeting was adjourned at 8:07 p.m.
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Airport Commission
July 15, 2010
Page 1
MINUTES
IOWA CITY AIRPORT COMMISSION
JULY 15, 2010 - 6:00 P.M.
AIRPORT TERMINAL BUILDING
2b 8
FINAL
Members Present: Howard Horan, Minnetta Gardinier, Steve Crane, Jose Assouline, Greg
Farris
Staff Present: Sue Dulek, Michael Tharp
Others Present: Harrel Timmons, John Yoemans, David Hughes
RECOMMENDATIONS TO COUNCIL• (to become effective only after separate Council
action
CALL TO ORDER:
Chairperson Horan called the meeting to order at 6:03 P.M.
APPROVAL OF MEETING MINUTES:
Minutes from both the June 17 and July 1, 2010, meetings were reviewed. Farris moved to
approve the minutes of the June 17, 2010, meeting as submitted; seconded by Crane.
Motion carried 5-0. Crane then moved to accept the minutes of the July 1, 2010, meeting
as submitted; seconded by Farris. Motion carried 5-0.
PUBLIC DISCUSSION:
John Yoemans introduced himself to the new Commission Members. He briefly explained what
he does as `farm manager' at the Airport. He added that everything is looking good, and then
he briefly discussed Merschman Seeds' show plots and upcoming summer tours. Tharp noted
that with this year's weather they are seeing an increase in the thistle in the fields.
ITEMS FOR DISCUSSION/ACTION:
a. Aviation Commerce Park -Tharp noted that Members received a monthly report in
their packets. They are still awaiting an air space study before moving forward on Lot
10. He added that the realtor believes Van Meter is just about done with this. Dulek
also noted some activity between the Planning Department and another interested party.
b. Consider a Resolution Approving Lease for Office Space in Hangar G with John
Ockenfels d/b/a/ Wingnuts LLC -Tharp briefly explained Ockenfels' business venture.
The rent will be $110 per month. Farris moved to consider Resolution #A10-06
approving lease for office space in Hangar G; seconded by Gardinier. Motion
carried 5-0.
c. FAA/IDOT Projects - AECOM -David Hughes -
i. Runway 7/25 8~ 12/30 -David Hughes addressed the Commission Members.
He stated that he had hoped to be done with this project, but that they still have
some items on the punch list, and therefore are not ready to move acceptance of
Airport Commission
July 15, 2010
Page 2
that project. However, Hughes noted that they are recommending early release
on some of the retainage. Dulek gave some clarification about the resolution
being considered on releasing some of the retainage.
1. Consider a resolution accepting improvements to Runway 7-25
and Runway 12-30 -Assouline moved to defer this item to the
August 19, 2010, meeting; seconded by Farris. Motion carried 5-
0.
2. Consider a resolution approving the early release of retainage -
Farris moved to consider Resolution #A10-07 approving early
release of retainage; seconded by Assouline. Motion carried 5-0.
ii. Obstruction Mitigation -Hughes noted that last time they spoke they were still
awaiting paperwork from the subcontractor. Once he reviews this paperwork,
this project should then be ready to close out.
iii. 2010 Pavement Rehab -
1. Public Hearing -Horan opened the public hearing. Hughes briefly
clarified what this project will entail, noting that they have worked this
project out to fit in with the dollars that will be available. This is
estimated to be a 45-day project on the pavement rehab, with four
phases to the project, according to Hughes. Hughes then responded
to Members' questions regarding access issues that they might
encounter during this construction project. Horan closed the public
hearing closed.
2. Consider a resolution approving the Plans, Specifications, Form
of Contract, and Estimate on Cost for the Construction of FY2010
Pavement Rehabilitation Project -Gardinier moved to consider
Resolution # A10-08 approving plans, specifications, form of
contract, and estimate on cost for the construction of FY2010
pavement rehabilitation project; seconded by Farris. Motion
carried 5-0.
iv. Hangar ADrainage - Dulek noted that Members need to set a special meeting
between now and August 8 to hold this public hearing. Horan suggested
Thursday, July 29, 2010 for this meeting; however, several Members are unable
to meet that day. Monday, July 26, 2010, at 7:30 A.M. was then chosen for this
special meeting.
1. Consider a resolution Setting a Public Hearing the Plans,
Specifications, Form of Contract, and Estimate on Cost for the
Construction of Hangar A Drainage Project -Farris moved to
consider Resolution # A10-09 setting public hearing for the
plans, specifications, form of contract, and estimate on cost for
the construction of Hangar A drainage project; seconded by
Assouline. Motion carried 5-0.
d. 2011 Air Race Classic -Gardinier stated that she now knows the route for the 2011
race, and she shared this with Members.
e. Corporate Hangar "L" -Tharp gave Members an update, noting that state grants have
now been announced. This funding, along with the pending land sale, will allow them to
proceed with the hangar project. Members then briefly discussed where they are with
the pending land sale and other issues related to this project.
f. Airport "Operations": Strategic Plan Implementation; Budget; Management -
Tharp noted that they are now in the new fiscal year. Last year's numbers were better
than anticipated, according to Tharp. Tharp gave Members a brief rundown on the
Airport Commission
July 15, 2010
Page 3
numbers, noting a decrease in fuel sales. They had projected $21,000 and actual were
$14,000.
i. Terminal Building Flooring Project -Tharp stated that this project
would be done this year. He also reviewed some of the other summer
projects with Members. Tharp then shared that they now have hot water
in the terminal building. The discussion then turned back to the types of
flooring being considered for the terminal flooring project. Tharp noted
that he expects bids to come in yet this week. Horan asked if Members
were interested in forming a subcommittee to help review the bids.
Gardinier and Assouline agreed to this.
Tharp noted that next month they will start discussing T-hangar rates. He is not
anticipating any changes at this point.
g. FBO /Iowa Flight Training /Whirlybird Reports -Harrel Timmons spoke briefly,
sharing the maintenance report for the month. He added that with all of the rain, they
have been mowing non-stop recently. He added that this summer they are finally seeing
the benefit of the improved runways, and that traffic is finally increasing. Timmons
shared that they have sold seventeen airplanes since the first of the year.
h. Subcommittees' Reports -none
i. Commission Members' Reports -Horan asked that Members email to him "10
reasons the Iowa City Airport is important..." for him to create a proposal with.
Gardinier noted that CarolAnn Garratt will be speaking in the area, and she will send an
email with the details.
j. Staff Report -Tharp shared that the FAA Regional conference is in September. He
responded to Members' questions regarding this conference.
SET NEXT REGULAR MEETING FOR:
The next regular meeting will be Thursday, August 19, 2010 at 6:00 P.M. at the Airport
Terminal building. The next special meeting will be Monday, July 26, 2010, at 7:30 A.M. for a
public hearing.
ADJOURN:
The meeting adjourned at 7:25 P. M. Gardinier made the motion to adjourn the meeting at
7:25 P.M.; seconded by Crane. Motion carried 5-0.
CHAIRPERSON
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Airport Commission
July 27, 2010
Page 1
MINUTES
IOWA CITY AIRPORT COMMISSION
JULY 27, 2010 - 6:00 P.M.
AIRPORT TERMINAL BUILDING
2b(9)
FINAL
Members Present: Howard Horan, Minnetta Gardinier, Greg Farris (Via telephone)
Members Absent: Steve Crane, Jose Assouline,
Staff Present: Sue Dulek, Michael Tharp
Others Present:
RECOMMENDATIONS TO COUNCIL• (to become effective only after separate Council
action): None
CALL TO ORDER:
Chairperson Horan called the meeting to order at 6:00 P.M.
ITEMS FOR DISCUSSION/ACTION:
Hangar ADrainage -
1. Public Hearing -Horan opened the public hearing. Horan asked
for any questions regarding the project. No questions were asked.
Horan closed the public hearing
2. Consider a resolution approving the Plans, Specifications, Form
of Contract, and Estimate on Cost for the Construction of Hangar
A Drainage Project -Farris moved to consider Resolution # A10-
10approving plans, specifications, form of contract, and
estimate on cost for the construction of Hangar A Drainage
project; seconded by Gardinier. Motion carried 3-0 (Crane,
Assouline Absent).
ADJOURN:
The meeting adjourned at 6:02 P.M.
CHAIRPERSON
DATE
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IOWA CITY TELECOMMUNICATIONS COMMISSION FINAL
MONDAY, JULY 26, 2010--5:30 P.M.
CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY
MEMBERS PRESENT: Laura Bergus, Hans Hoerschelman, Gary Hagen
MEMBERS ABSENT: Saul Mekies
STAFF PRESENT: Mike Brau, Bob Hardy
OTHERS PRESENT: Michael McBride, Lee Grassley, Josh Goding, Beth Fisher, Emily
Light
RECOMMENDATIONS TO CITY COUNCIL
None at this time.
SUMMARY OF DISCUSSION
Hoerschelman said Google has called for support of federal legislation that would require fiber
conduit be included in any federally funded road projects. Google also provided advice to
municipalities on similar steps they could take. Hoerschelman encouraged the city to look into
this idea as it would lower costs for any company that wished to provide wireline services.
Hardy said he will determine if someone in the city has been following this and what the current
policies, if any, are regarding this area. Grassley reported that Mediacom no longer offers analog
transmission to new subscribers. New subscribers are given a free digital to analog converter
box if needed. More high definition channels will be rolled out in the near future. Fisher noted
that the library channel's annual report was included in the meeting packet. Over the past year
181 new programs were produced. Hardy distributed a document outlining the goals of the
Triennial Review and the major areas address in the 2003 Triennial Review. Hardy also
distributed a list of questions that will need to be addressed to the service and programming
committees. Hardy said that because the Triennial Review has extended beyond the three-year
period he has been discussing with Helling and the City Attorney if the current Triennial Review
might be combined or collapsed into the next scheduled Triennial Review. Hoerschelman noted
that it has been almost seven years since the last Triennial Review. Bergus said the Commission
should set a deadline for the service and programming committees to complete their work.
Hardy said the committees could look the materials over and determine how they think it will
take to finish. Hardy said that there should be a draft ready by the next Commission meeting.
Hoerschelman said he has started a letter on behalf of the Commission to send to the new
Superintendent. Hardy asked Hoerschelman to forward the letter when it is completed and he
will draft an additional letter from the City. Hoerschelman said the purpose of his letter is to
offer any assistance the schools might need to develop and to further the progress that the
channel has made over the years.
APPROVAL OF MINUTES
Hoerschelman moved and Hagen seconded a motion to approve the amended June 26, 2010
minutes. The motion passed unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
Hoerschelman said Google has called for support of federal legislation that would require fiber
conduit be included in any federally funded road projects. Google also provided advice to
municipalities on similar steps they could take. Hoerschelman encouraged the city to look into
this idea as it would lower costs for any company that wished to provide wireline services.
Hardy said he will determine if someone in the city has been following this and what the current
policies, if any, are regarding this area. Bergus asked if Hardy had an update regarding the state
franchising legislation and an interpretation as to its applicability to Iowa City with respect to the
fyreStorm franchise application. Hardy said he has not received a response from the City
Attorney's office.
SHORT PUBLIC ANNOUNCEMENTS
None.
CONSUMER ISSUES
Hardy referred to the complaint report in the meeting packet and said that there were two
complaints. Both have been resolved.
MEDIACOM REPORT
Grassley reported that Mediacom no longer offers analog transmission to new subscribers. New
subscribers are given a free digital to analog converter box if needed. More high definition
channels will be rolled out in the near future. Mediacom's retransmission consent contract with
Sinclair will expire at the end of the year and a difficult negotiation process is anticipated.
Mediacom has been working to get retransmission consent legislation passed at the federal level.
Hagen said several people have asked him why Mediacom's billing practices have such a short
period of time before they are due. Grassley said that billing cycles are twenty-one days.
Grassley said Mediacom uses three billing cycles and if one is inconvenient for a subscriber, it
can be moved. Hoerschelman asked if Mediacom and the school district have discussed the need
for digital to analog converters for the schools. Grassley said he has not been contacted and said
the school district should contact him directly and Mediacom will explore the options available.
Hoerschelman asked if Mediacom has plans to promote DOCSIS 3.0 Internet service to returning
students. Grassley said he expects some promotions to begin soon. Hoerschelman asked if
Mediacom would support an initiative for municipalities to require conduit during construction.
Grassley said Mediacom would support such efforts as long as it is economically beneficial.
Mediacom shares trenches with other wireline providers when possible. Grassley said
Mediacom will not offer cable modem boxes for sale.
UNIVERSITY OF IOWA REPORT
McBride said he will have a quarterly report for the next meeting. Over the past year UITV
produced about I00 programs and cablecast about 100 submitted programs. On the average
about 1 'h new programs were cablecast per day. Five programs were created from the Festival
of the Book. Productions in the fall will be more selective than in past years. Coverage of the
lecture series, International Programs, fine arts performances, and cooperative programming with
Iowa Public Radio are all planned.
KIRKWOOD COMMUNITY COLLEGE
No representative was present.
PATV REPORT
Goding reported PATV staff produced 16 programs during the second quarter. Upcoming
programs include the Festival of the Book, the Americans with Disabilities Act celebration, Jazz
Fest, a psa for We Are the World, a group working with at risk kids, a news program with
students from City High, Little Village TV, and some programs sponsored by Backyard
Abundance. Live and Local will be promoting the Land Locked Film Festival in August.
Workshop participants have been lower than in the past. PATV will be working to increase
participation. PATV will have an open house Sept. 6 in association with Uptown Bill's opening
and the Ralston Creek Fair and Flea Market. AHD camera has been purchased. PATV recently
hosted a group of students from the Neighborhood Centers and Goodwill. The guidelines
workshop will be held Aug. 1, from 2-4 p.m. The next board meeting will be Aug. 19.
SENIOR CENTER REPORT
Light reported about 6 hours of programming has been produced over the last month. A
documentary about Merrill Sparks by Jean Lloyd Jones was recently finished. Senior Center TV
programming is available online at www.icstv.net. Editing and shooting for a contest sponsored
by the Guggenheim Museum are underway.
LIBRARY REPORT
Fisher noted that the library channel's annual report was included in the meeting packet. Over
the past year 181 new programs were produced. Of those, 104 were Storytime programs. 168 of
the 181 programs were cablecast live. 14 different community groups were served by the
Community Television Service and cablecast on the library channel. 33 community groups
sponsored or co-sponsored programs on the channel. The library is looking at their streaming
video offerings with an emphasis on programs of interest to those outside Iowa City.
ICCSD REPORT
No representative was present. Hagen and Hoerschelman said the Commission should send the
new superintendent a letter introducing him to the school channel and access community and
urging the channel be well utilized. Hardy said the Commission discussed sending two letters-
one from the Commission and one from Hardy.
CITY CHANNEL REPORT
Hardy reported Bob Kemp has resigned from the Commission. Hardy said the ICTC charter is
10 years old and the Commission may wish to review it. Hardy said Qwest is being purchased
by Century Link. It is uncertain how this could affect Iowa City. Hoerschelman said it will be
interesting to see if some markets are sold to other providers. Qwest's infrastructure is not very
advanced in Iowa City and it is unlikely video competition will be coming anytime soon.
TRIENNIAL REVIEW
Hardy distributed a document outlining the goals of the Triennial Review and the major areas
address in the 2003 Triennial Review. Hardy also distributed a list of questions that will need to
be addressed by the service and programming committees. Hardy said that because the Triennial
Review has extended beyond the three-year period he has been discussing with Helling and the
City Attorney if the current Triennial Review might be combined or collapsed into the next
scheduled Triennial Review. Hoerschelman noted that it has been almost seven years since the
last Triennial Review. Bergus said the Commission should set a deadline for the service and
programming committees to complete their work. Hardy said the committees could look the
materials over and determine how long they think it will take to finish. Hardy said that there
should be a draft ready by the next Commission meeting.
ICCSD PROGRAMMING GROUP
Hoerschelman said he has started a letter on behalf of the Commission to send to the new
Superintendent. Hardy asked Hoerschelman to forward the letter when it is completed and he
will draft an additional letter from the City. Hoerschelman said the direction of his letter is to
offer any assistance the schools might need to develop and to further the progress that the
channel has made over the years.
ADJOURNMENT
Hagen moved and Bergus seconded a motion to adjourn. The motion passed unanimously. The
meeting was adjourned at 6:45.
Michael Brau
Cable TV Administrative Aide
TELECOMMUNICATIONS COMMISSION
12 MONTH ATTENDANCE RECORD
July 2008 to CURRENT
Meetin Date Hoerschelman Saul Meikes Bob Kemp Gordon Gary Hagen
7/28/Og X X X X X
8/25/08 X X X o/c X
9/23/08 x x x x X
10.27/08 X X X o/c X
11/24/08 Did not meet
12/15/08 X X X X X
1 /26/09 X X X X o/c
2/243/09 X' x o/c olc X
Laura Bergus
4/27/09 X X X X X
6/1/09 x x x vacant X
6/22/09 X X X X
Mekies
7/27/Og X X X o/c x
g/24/pg X X X X X
g/28/Og X X X X X
10/24/09 x x xx o/c
11 /23/09 x x olc x X
1 /25/10 X X X o/c o/c
2/22/10 X X o/c X o/c
4/26/10 X X o/c X o/c
5/24/10 X X 0 X X
6/28/10 X x 0 X o/c
7/26/10 X x 0 o/c X
8/23/10 X X Vacant X x
(X)=Present
(O) =Absent
(O/C) = Absent/Called (Excused)