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HomeMy WebLinkAbout2010-11-04 Info Packet1 1~i~®~~ ~III~ A ~®~~~ ~. CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET November 4, 2010 MISCELLANEOUS IP1 Council Meetings and Work Session Agenda IP2 Press Release: Governor Culver Announces HUD Approval for Distribution of $84.1 Million for Infrastructure Disaster Recovery Projects [submitted by the Interim City Manager] IP3 Email from Linda Schreiber to the Interim City Manager: 2010 Downtown Area Plant Project summary IP4 Email from Director of Parks and Recreation: Vision Iowa Board meeting -November 10, 2010 IP5 Memorandum from Captain Wyss to Chief Hargadine: July-August 2010 Use of Force Review [submitted by the Interim City Manager] IP6 Letter from Lee Grassley, Mediacom, to the City Clerk: Digital-quality channels IP7 Building Permit Information -October 2010 IP8 CIVIC volunteers needed for visitors from around the world! DRAFT MINUTES IP9 Police Citizens Review Board: November 1, 2010 IP10 Planning and Zoning Commission: October 21, 2010 IP11 Board of Adjustment: October 13, 2010 r ~~~~ `'''"'®'~~ City Council Meeting Schedule and 11-04-10 CITY OF IOWA CITY Work Session Agendas Ip~ www.icgov.org TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE • MONDAY, NOVEMBER 15 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, NOVEMBER 16 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, NOVEMBER 29 Emma J. Harvat Hall 5:30p Special Work Session Meeting with Area Legislators • TUESDAY, NOVEMBER 30 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting • WEDNESDAY, DECEMBER 1 Emma J. Harvat Hall 6:30p Special Work Session • MONDAY, DECEMBER 6 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, DECEMBER 7 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting Office of Governor Chet Culver and Lt. Governor Patty Judge -; .; ,-;,. r Office of the Governor Governor Chet Culver & Lt. Governor Patty Judge Press Releases Thursday, October 28, 2010 IP2 Governor Culver Announces HUD Approval for Distribution of $84.1 Million for Infrastructure Disaster Recovery Projects DES MOINES -Governor Culver today announced that the Department of Housing and Urban Development (HUD) accepted Iowa's plan for the use of $84 million, awarded by the Secretary under the disaster Recovery Enhancement Fund (DREF). On August 26, HUD announced $312 million from their DREF was awarded to 13 states in response to their flood mitigation efforts. Iowa was awarded the largest grant of $84.1 million because the state has outpaced any other state by already investing $642 million on flood mitigation. "I am extremely pleased with the speed at which these funds have been approved and now allocated," Culver said. "Within eight weeks of receiving notice of these grant funds, we have developed a plan, received approval from HUD and are awarding $84.1 million to support important projects." The largest portion of the allocation is $50 million to support Public Infrastructure -Non-FEMA projects. Announced today is $48.5 million to for 15 statewide infrastructure projects, addressing flood mitigation strategies, health and safety of water systems and infrastructure for revitalization programs and levees is detailed below. The awards are as follows: Cedar Rapids -Total Amount: $27,051,145 Recipient: City of Cedar Rapids CDBG Award: $107,960 Project Description: Modify outlet structures and install drain the on detention basins 112 and 206 to improve water quality and storm water handling. Recipient: City of Cedar Rapids CDBG Award: $92,900 Project Description: Clear,grade and stabilize with rip-rap, 235 linear feet (ln. ft.) by 50 ft wide section of the Vinton Ditch. Recipient: City of Cedar Rapids CDBG Award: $395,285 Project Description: Grade the existing channel and install rip-rap to control stream bank erosion near the 6400 block of Valley Brook Drive SE http://www.governor.Iowa.gov/index.php/press releases/single/1015/ 10/28/2010 Office of Governor Chet Culver and Lt. Governor Patty Judge Page 2 of 4 Recipient: City of Cedar Rapids CDBG Award: $7,370,000 Project Description: Reconstruction of the siphon inlet and outlet structures, construction of all weather access roads, installation of 8001n. ft. of two 36" inverted siphon pipes below the Cedar River . Recipient: City of Cedar Rapids CDBG Award: $9,085,000 Project Description: Reconstruct and raise Otis Road SE from 15th Ave to Memorial Drive to above the 100-year flood elevation. Recipient: City of Cedar Rapids CDBG Award: $10,000,000 Project Description: Support the NW 1st Business Corridor Relocation Assistance in Cedar Rapids. This program element will work in conjunction with the buyout program, and will provide relocation assistance to Cedar Rapids businesses that are now outside the protected area of a proposed levee. These businesses will be reimbursed for the gap between their insurance proceeds/pre-flood property value and the actual cost to repair their business. Iowa City -Total Amount: $15,711,800 Recipient: City of Iowa City CDBG Award: $3,800,000 Project Description: Construct a 3,000 ln. ft. levee along the west side of the Iowa River to protect 160 homes and 15 businesses located on Commercial Court. Recipient: City of Iowa City CDBG Award: $3,900,000 Project Description: Construct a 4,2001n. ft. levee along the east side of the Iowa River to protect the South Gilbert commercial area as well as South Gilbert Street, a major arterial. Recipient: City of Iowa City CDBG Award: $8,011,800 Project Description:Construct a 4,200 ln. ft. levee to the 500 year flood elevation, relocating the existing Taft Speedway and No Name Road on top, protecting 92 homes in the Idyllwild neighborhood. Coralville-Total Amount: $5,000,000 Recipient: City of Coralville CDBG Award: $5,000,000 Project Description: Construct storm drainage improvements and install new flood walls, berms and pump stations along Clear Creek and Biscuit Creek channels to elevations one foot above the 2008 floods. Black Hawk County -Total Amount: $2,966,000 Recipient: County of Black Hawk CDBG Award: $2,966,000 Project Description: Replace a flood destroyed rail-trail bridge with a new 728'pre-cast, pre- tensioned concrete trail bridge spanning the Cedar River as part of the American Discovery Trail system. http://www.governor.Iowa.gov/index.php/press releases/single/1015/ 10/28/2010 Office of Governor Chet Culver and Lt. Governor Patty Judge Page 3 of 4 Collins -Total Amount: $300,000 Recipient: City of Collins CDBG Award: $300,000 Project Description: Sanitary sewer lining, upgrade and expand wastewater treatment facility and install a new lift station. Columbus Junction -Total Amount: $695,000 Recipient: City of Columbus Junction CDBG Award: $695,000 Project Description: Construct and improve levees along the Iowa River by raising portions of the levee approx. 7 - 9 feet to meet elevation 591. Creston- Total Amount: $1,299,500 Recipient: City of Creston CDBG Award: $1,299,500 Project Description: Replace the spillway at Summit Lake to allow Southern Iowa Rural Water Authority to utilize the lake as a water source. . Des Moines -Total Amount: $5,000,000 Recipient: City of Des Moines CDBG Award: $5,000,000 Project Description: Install new pump station at SE 4th and Shaw, rehabilitate sanitary sewers by lining in NW areas of Des Moines. Louisa County -Total Amount: $420,000 Recipient: County of Louisa CDBG Award: $420,000 Project Description: Establish or reconfigure a new 2 mile open ditch system to provide positive drainage for the poorly drained Kilpeck Landing Area. Additional approved allocations include: New Housing Production - $9.9 million Watershed Planning - $9.6 million State and Local Administration - $4.2 million Flood Plain Education - $400,000 Through the Watershed Planning program, CDBG disaster recovery funds will help establish at least three Watershed Management Authorities that will assess flood risk and water quality. In addition the program will help launch one or more watershed demonstration pilot projects. These projects will evaluate methods to minimize erosion, manage runoff and mitigate flood damage. Flood Plain Education will teach the general public about flood plains, flood risks and basic flood plain management principles. The New Housing Production is available for multi-family new construction projects and applications are due November 15. Business assistance activity will support the NW 1st Business Corridor Relocation Assistance in Cedar Rapids.This program element will work in conjunction with the buyout program, and will provide relocation assistance to Cedar Rapids businesses that are now outside the protected area of a proposed levee. These businesses will be reimbursed for the gap between their insurance proceeds/pre -flood property value and the actual cost to repair their business. http://www.governor.iowa.gov/index.php/press releases/single/1015/ 10/28/2010 IP3 Dale Helling From: L Schreiber [Inschreiber@gmail.com] Sent: Wednesday, November 03, 2010 9:26 AM To: Dale Hellin ~ endy Ford; Nancy Quellhorst; Nick Arnold; Nick Pfeiffer; Leah Cohen; Geoff i ming; iane Allen; Sheri Thomas; Terry Robinson; Carol Sweeting; Dan Brown Subject: Downtown Area Plant Project report -fall report Attachments: 2010 Downtown Area Plant Project summary.docx Hiall- The 2010 Downtown Area Plant Project summary is attached. Thank you all for the opportunity. Best wishes for the remaining year and 2011 -Linda ;~ ~ ~~ 11 /3/2010 2010 Downtown Area Plant Project summary Hello Dale - After a splendid summer with more than adequate rains, our growing season has come to a successful end. Again, I appreciate so much the City of Iowa City's willingness to allow me to plant perennials in the downtown area. Special recognition and thanks goes to Sheri Thomas and her crew for their wonderful cooperation and for the beautiful annuals planted in every downtown flower bed. The City Council also deserves recognition for courage to ban smoking on the Pedestrian Mall and enacting 21-only admittance after 10 p.m. in bars. These legislative acts made a huge difference in the appearance and environment in the downtown. And, a special thanks to Quality Care and Project GREEN for their donations of plants and to all of our cooperating partners. In 2010, five new beds were planted, and more than 350 plants installed. [200 block of Clinton Street (Starbucks, Josephs and Blicks); Washington Street (Gabe's), and Clinton Street ramp on the north side of Burlington Street and at the Madison Street entrance.) [Approximately 100 hosta (Project GREEN) 55 shrubs and prairie flowers (Quality Care); 120 hosts and 75 (extra large plants) day lilies and sedum came from our gardens]. This summer the downtown was visited 19 times by volunteers to clean beds, plant, water and trim plants for the winter. This was less than in the past year because we received generous rainfall a majority of the summer. This fall, though plant beds were cleaned, some plant (tops) were left intact to remind dog owners that plants live in the planter boxes that they use to relieve their pets. It may or may not surprise you to know working along Clinton and Washington streets is very different from working in the Pedestrian Mall. People outside the mall area are cheerful and willing to express gratitude. This fall, Burlington Street had a constant flow pedestrian traffic -the majority of which are students (and interesting outfits too I might add) and on the weekend students and parents. Because I'm paying attention to what I'm doing (the hose and watering only the plants and not pedestrians) I can't at all report where this foot traffic was headed. Dale, I am most grateful for the opportunity to be a part of this project and appreciate so much the cooperation, trust and confidence you and Sheri have extended me (us). When we first discussed the project, we agreed it would take about three years to establish the beds, and that you and the city would review the work each year to determine if we could continue. This time has passed very quickly with almost 2,300 plants installed during that period. We knew (going into this) that not all plants would survive in the city's most used public area. There are several beds that are doing very well, and several others that need replanting and attention. We have numerous plants to contribute to the replanting efforts, and if you are willing so am I. With much gratitude to all -Linda P.S. The project and plant beds have provided many lessons for me personally and the City as the downtown area extends beyond Burlington Street south to Kirkwood Avenue. Namely a natural environment is soothing and appreciated, but requires the appropriate equipment, staffing and maintenance. IP4 Marian Karr From: Mike Moran Sent: Wednesday, November 03, 2010 3:06 PM To: Marian Karr Cc: Jeff Davidson Subject: FW: Vision Iowa Board meeting Attachments: Nov 10 VI Rev Comm agenda.doc Mr.. Mayor and members of Council; Just wanted to share the news of our acceptance by the Vision Iowa Board to present our application for the Terry Trueblood Recreation Area to the board. This meeting will take place in Cedar Rapids on Wed. Nov. 10, 2010. Jeff Davidson and I will be making the presentation on behalf of the City. We would love to have any council members present for the presentation as a show of support to the board. If you have any questions or would like a copy of the application please let me know. I have attached a copy of the agenda for our portion of the meeting. We will be leaving earlier to attend the entire meeting which begins at 10am. If you have any additional questions please feel free to contact me. FYI, thanks! Mike Moran From: Santizo, Alaina [IDED] [maitto:Alaina.Santizo@iowa.gov] Sent: Monday, October 25, 2010 2:48 PM To: 'David Becker (ciatkins@netins.net)'; 'angela_gammill@adp.com'; Mike Moran; Jeff Davidson; Kristopher Ackerson; 'Parker Museum' Subject: Vision Iowa Board meeting Good afternoon CAT and RECAT applicants, I have forwarded your application to the Vision Board. You have been invited to make a presentation to the Vision Iowa Board at their next meeting scheduled for Wednesday. November lOt!' starting at 10:00 am. The meeting will be held at the Theatre Cedar Rapids, in Cedar Rapids, Iowa. For your presentation, you will be given up to 10 minutes to present the important points of your project. This is your opportunity to make a personal appeal to the Board. That being said, I urge you to keep your comments on point with your project, why it is important to your community, and how you plan to pay for it. Be mindful of the of the amount of time you are speaking, the Board will ask you to stop speaking if you reach 10 minutes. Since this is your first meeting, it is unlikely that the CAT or RECAT committee will take action on your application this month. Most of the time, they like to hear your presentation and then go back to your application and make sure they don't have any other questions for you. Don't be concerned if the Board members thank you for your time, but don't give you a tremendous amount of direction during this meeting. I am always available to speak with you during breaks or after the meeting if you are unsure about something. Alaina Santizo Vision Iowa/CAT Program Manager Iowa Department of Economic Development 200 East Grand Avenue Des Moines, Iowa 50309 515.725.3197 515.725.3010 (fax) alaina.santizo@iowa.gov 11/3/2010 VISION IOWA REVIEW COMMITTEE -TENTATIVE Iowa Theatre Building 102 Third Street SE, Cedar Rapids, Iowa Wednesday, November 10, 2010 -11:00 a.m. Location: Iowa Theatre Building, 102 Third Street SE, Cedar Rapids (319) 366-8592 From I-380 North: Take exit 19C for 1st St W. Turn right at 1st St NW. Turn left at 1st Ave W. Take the third right onto 3rd St SE. The theater building will be on the left. Parking is available on the street and in nearby parkades. The city charges a parking fee in some lots. From I-380 South: Take exit 20A toward US-151 BUS/1st St E/Downtown. Turn left at 1st St NE. Take the 1st left onto 1st Ave E. Take the 2nd right onto 3rd St SE. The theater building will be on the left. Parking is available on the street and in nearby parkades. The city charges a parking fee in some lots. Committee members: David Odekirk, Chair, Regenia Bailey, Michael Fitzgerald, Charles Graf, Bret Mills, Marilyn Monroe, David Vaudt Note: The Committee will break at 12:00 Noon for lunch. CaII to Order 1. Approve Agenda (TAB 6) David Odekirk 2. Approve Minutes from (TAB 6) September 8, 2010 Reports 3. Program Manager's Report (TAB 3) Alaina Santizo 4. Other Applications David Odekirk Tentatively scheduled for discussion May include, but is not limited to, discussion of the following projects: • Iowa City // Terry Trueblood TAB 7-A Recreation Area 5. Committee Action on Applications / David Odekirk Recommendations to Board 6. Next Steps and Direction to Staff David Odekirk Other Business David Odekirk Closing Business David Odekirk 7. Next Vision Iowa Review Committee meeting Tentatively December 8, 2010 in Des Moines 8. Adjourn 1 NOTE: Committee and Board agendas may be amended any time up to 24 hours before the meetings. Agenda items may be considered out of order at the discretion of the chair for each meeting. Meetings will not convene earlier than stated above, but may begin later, depending upon length of earlier meetings. • If you require accommodations to participate in this public meeting, call 515.242.4882 or TTY at (toll-free) 800-735-2942 to make your request. Please notify us at least 48 hours in advance. 2 i ' • IP5 ~~; ~ =,- . DEPARTMENT MEMO #10-35 ~~ J~ ~' c ~ ~, TO: Chief Hargadine FROM: Captain R. D. Wyss RE: July-Aug 2010 Use of Force Review DATE: November 2nd, 2010 The "Use of Force Review Committee" met on November 2°d, 2010. It was composed of Captain Wyss, Sgt. Hurd and Sgt. D. Brotherton. For the review of submitted reports in July, 7 Officers were involved in 4 separate incidents requiring use of force involving 3 individuals. In August, 23 Officers were involved in 13 separate incidents requiring use of force involving 14 individuals. No training or safety issues were identified. All issues or concerns were identified and addressed at previous levels of review. Of the 17 incidents over the two month period, 6 Officers had drawn sidearm or displayed weapons. There were three separate incidents that required a display of weapon response (one those incidents was for the destruction of an animal). OC was deployed on two occasions, and in four incidents a Taser was discharged. There was one vehicular pursuit involving one Officer during this time period. Of the 17 incidents reviewed, 4 suspects sustained superficial injuries, and four Officers had sustained injuries that were classified as superficial during this reporting period. All personnel continue doing a good job in their documentation and review of the reports. Please contact me if you have any questions. Copy: City Manager, PCRB, Watch Commanders, Review Committee Mediacom October 29th, 2010 Ms. Marian Karr City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240-1826 Dear Ms. Karr: ~G~C~ 11-04-10 IP6 _: ~_ . ~~ t _ %= - - ;s~ .. ~..,..,. Mediacom continues to add to the superior value of one of cable's best channel lineups. Responding to market demand, we have added many digital-quality channels to both the Basic and Family Cable levels of service, as well as networks that are now offered in the popular high-definition format. We have even provided free digital tuners to customers who need them in order to enjoy the digital channels that have been added to the Basic lineup. Of course, these innovations and improvements come with a cost, and we continually strive to keep expenses under control. However, our costs for programming, fuel and health care continue to escalate, necessitating the price changes described below. To cover increased costs, we now find it necessary to implement the following rate changes on or about December 1St 2010. Product: Old Rate: New Rate: Net Chan e: Broadcast Basic $ 10.87 $ 12.95 $ 2.08 Expanded Basic $ 48.08 $ 49.00 $ 0.92 Total Family Cable $ 58.95 $ 61.95 $ 3.00 Customers currently on promotional rates will not receive this rate change until the expiration of their respective promotional period. On or about December 6t", KGAN-DT (Cool TV) will be added to the digital broadcast basic line-up on channel 102. Digital Broadcast Basic channels are included with Broadcast Basic and Family Cable service. However, a TV with a digital QAM tuner or a Mediacom Digital Converter is needed on each TV to receive these channels. QAM tuners may require a rescan in order to view this channel. In addition on or about December 13th, 2010 Mediacom will remove InDemand Pay Per View Channels 6 and 7 from your community's line-up. However, for digital customers, video on demand continues to offer thousands of hours of free and pay per view content. We look forward to continuing to serve you and your community's telecommunications needs. If you have any questions, please contact me directly at 319-268-5033 or via email at larassley(~mediacomcc.com Sincerely, V ~-2.. /ate ~~' Lee Grassley Senior Manager, Government Relations ~~~~ Mediacom Communications Corporation 6300 Council St. NE • Cedar Rapids, IA 52402 ~pGC.I'1Gt f f~ int. ~~ 4 BUILDING PERMIT INFORMATION October 2010 KEY FOR ABBREVIATIONS .Type of Improvement ADD -Addition ALT -Alteration REP -Repair FND -Foundation Only NEW-New OTH -Other type of construction Type of Use RSF -Residential Single Family RDF -Residential Duplex RMF -Three or more residential RAC -Residential Accessory Building MIX -Mixed NON -Non-residential OTH -Other 4 i ~" ~ Page : 2 City of Iowa City Date : 11/]/2010 Extraction of Building Permit Data for To: Io/vzol° Census Bureau Report From : 10/31 /2010 Tie Tie Permit Number Name Address Imor Use Stories Units Valuation BLD10-00618 BILLION AUTO 2733 MORMON TREK BLV /w~~;u1 ~U~s/dJtt%•~c~e~ 0 0 $610,000 FOUNDATION Total / permits : 1 Total Valuation : $610,000 BLD10-00416 FIRST MENNONITE CHURC 405 MYRTLE AVE ADD NON 2 0 $500,000 ADDITION AND ALTERATION OF CHURCH Total ADD/NON permits : 1 Total Valuation : $500,000' BLD10-00663 BEVERLY K HAMANN 427 3RD AVE ADD RSF 0 0 $52,245 ADDITION FOR SFD BLD10-00688 LEO FERNANDEZ 2248 HICKORY CT ADD RSF 0 0 $37,000 BEDROOMBATH ADDITION FOR SFD BLD10-00628 JOHN JADRYER 60 DENBIGH DR ADD RSF 0 0 $28,000 3 SEASON PORCH ADDITION FOR SFD BLD10-00593 FRED OVROM 1313 GRISSELL PL ADD RSF 0 0 $20,000 DECK ADDITION WITH HOT TUB FOR SFD BLD10-00670 JIM & SARAH MEEHAN 2575 BLUFFWOOD LN ADD RSF 0 0 $19,000 3 SEASON PORCH ADDITION FOR SFD BLD10-00620 FORD, CHARLES K 3449 NORTH JAMIE LN ADD RSF 0 0 $15,000 SCREEN PORCH ADDITION FOR SFD BLD10-00667 MARCUS HANSEN 3507 ROHRET RD ADD RSF 0 0 $14,000 ATTACHED 2 CAR GARAGE ADDITION FOR SFD BLD10-00665 HELEN ALEXANDER 1428 PRAIRIE DU CHIEN R ADD RSF 0 0 $8,000 SCREEN PORCH ADDITION FOR SFD BLD10-00595 CHIEDOZIE I & BELINDA L l 335 GREEN MOUNTAIN D ADD RSF 1 0 $7,967 Install roof over patio area BLD10-00550 STEPHEN R BURNS 309 COLLEGE CT ADD RSF 0 0 $2,500 FRONT PORTICO ADDITION FOR SFD BLD10-00647 NANCY BONTHIUS 43 INVERNESS PL ADD RSF 0 0 $2,500 DECK STAIRS FOR SFD BLD10-00623 MARY KINDRED 2019 PLAEN VIEW DR ADD RSF 0 0 $1,850 REPLACE REAR DECK ZERO LOT LINE SFD BLD10-00627 MARK C & SUSAN L JARVI 1615 TERRAPIN DR ADD RSF 0 0 $1,500 DECK ADDITION FOR SFD BLD10-00687 DAVID BALDUS 34 N 7TH AVE ADD RSF 0 0 $1,350 FRONT PORCH ADDITION FOR SFD BLD10-00666 AKGUN, UGUR 541 WESTWINDS DR ADD RSF 2 0 $1,300 SCREEN PORCH ADDITION FOR ZERO LOT SFD Total ADD/RSF permits : 15 Total Valuation : $212,212 BLD10-00459 CH OF JESUS CHRIST OF L 2730 BRADFORD DR ALT NON 0 0 $86,565 ALTERATION OF CHURCH Page : 3 Clty Of IOWA Clty Date : I vvzolo Extraction of Building Permit Data for To : 10/ 1 /2010 From : 10/31/2010 Census Bureau Report Tune Tune Permit Number Name Address Impr Use Stories Units Valuation BLD07-00220 IOWA CITY COMMUNITY S 2901 MELROSE AVE ALT NON 0 0 $50,431 WEST HIGH LITTLE THEATER REMODEL BLD10-00643 NICK & NORA LC 500 S DUBUQUE ST ALT NON 0 0 $35,000 OFFICE REMODEL BLD10-00576 SOUTHGATE DEVELOPMEN 98 STURGIS CORNER DR ALT NON 1 0 $15,000 CHANGE OF USE AND REMODEL OF HAIR SAL ON INTO REAL ESTATE OFFICE BLD10-00633 BRYAN ASKLOF 600 N DODGE ST ALT NON 1 0 $5,000 REMODEL AND CHANGE OF USE TO CARRY-O UT RESTAURANT BLD10-00664 EGG ROLL HOUSE 521 WESTBURY DR ALT NON 0 0 $5,000 RESTAURANT ALTERATION North end of Building BLD10-00543 WORLD OF BIKES 723 S GILBERT ST ALT NON 0 0 $3,000 STOOP AND RAMP APPROACH FOR BUSINESS Total ALT/NON permits : 7 Total Valuation : $199,996 BLD10-00659 PETER BLANCHARD 1834 KATHLIN DR ALT RSF 2 0 $43,480 NEW MASTER BEDROOM AND BATH BLD10-00675 ROBERT DEAN ROGHAIR 1261 TIPPERARY RD ALT RSF 0 0 $32,000 Finish the rest of the basement BLD10-00532 ANN E BARTELS 524 3RD AVE ALT RSF 0 0 $30,000 Add dormer to attic space new windows. General remodel BLD10-00638 PHILIP & JULIA MEARS 1507 E COLLEGE ST ALT RSF 2 0 $29,000 BATH REMODEL FOR SFD BLD10-00568 JOANN M MAZE 788 GALWAY DR ALT RSF 0 0 $25,000 BASEMENT FINISH FOR SFD BLD10-00608 WELSH, JOYCE ANNE MUN 8 N 1ST AVE ALT RSF 0 0 $24,000 BASEMENT BATHROOM BLD10-00634 RANDOM RESIDENTIAL PR 3257 ROHRET RD ALT RSF 0 0 $20,000 REMODEL OF SFD BLD10-00645 JAN OMANN 721 NORMANDY DR ALT RSF 0 0 $9,960 CONVERT SCREEN PORCH TO 3 SEASON BLD10-00629 SOUTHGATE HOMES 1029 RYAN CT ALT RSF 0 0 $6,000 BASEMENT REC ROOM FINISH BLD10-00610 CLAIRE M F SWOGGER 1905 WESTERN RD ALT RSF 0 0 $3,600 EGRESS WINDOW FOR UNFINISHED BASEMENT BLD10-00681 THERESA EILEEN TRANME 1610 CENTER AVE ALT RSF 1 0 $2,000 Remove concrete front porch and replace with wood dec Special exception obtained/historical requirements BLD10-00686 JODY GORSH 430 PARK RD ALT RSF 0 0 $1,300 REMOVE BEARING WALLS FOR SFD BLD08-00033 CATHERINE & BEN TITUS 1906 CALIFORNIA AVE ALT RSF 0 0 $1,000 BASEMENT EGRESS WINDOW BLD10-00639 GEB & DIANA THOMAS 350 MAGOWAN AVE ALT RSF 0 0 $1,000 SUN PORCH ALTERATION BLD10-00658 BREAZEALE, ESTYL K 906 E BLOOMINGTON ST ALT RSF 0 0 $1,000 install two egress windows Page : Date : 4 11/1/2010 City of Iowa City Extraction of Building Permit Data for To : l on /20 l o Census Bureau Report From : 10/31 /2010 Tme Type Permit Number Name Address Impr Use Stories Units Valuation BLD10-00677 TIMOTHY J & SHARON F KE 706 E JEFFERSON ST ALT RSF 0 0 $200 Convert duplex to single family dwelling BLD10-00333 MARA & ROCKNE COLE 1607 E COURT ST ALT RSF 0 0 $10 CONVERT DUPLEX TO SFD Total ALT/RSF permits : 17 Total Valuation : $229,550 BLD 10-00526 TRIPLE B CONSTRUCTION C 4265 OAK CREST HILL RO NEW NON 1 0 $1,792,000 EXTENSION SERVICE OFFICE BUILDING Total NEW/NON permits : 1 Total Valuation : $1,792,000' BLD10-00561 BARKER APARTMENTS 725 EMERALD ST NEW OTH 0 0 $50,000 170 FEET OF RETAINING WALL FOR MULTI-FAMILY COMPLEX BLD10-00588 JOHN CALACCI 671 BARRINGTON RD NEW OTH 0 0 $28,000 IN GROUND POOL FOR SFD AND FOUNDATION FOR FUTURE SUNROOM Total NEW/OTH permits : 2 Total Valuation : $78,000 BLD10-00650 MICHAEL D GEURTSEN 2309 MIAMI DR NEW RAC 1 0 $15,000 REPLACE DETACHED GARAGE BLD10-00631 IOWA VALLEY HABITAT FC 48 CONEFLOWER CT NEW RAC 0 0 $13,000 DETACHED GARAGE ADDITION AND ADD BATHROOM WITHIN HOUSE Total NEW/RAC permits : 2 Total Valuation : $28,000 BLD10-00594 SOUTHGATE HOMES 918 RYAN CT NEW RMF 2 4 $626,179 4 UNIT TOWNHOUSES WITH ATTACHED 2 CAR GARAGES 918-920-922-924 Ryan Court; Building G-B Total NEW/RMF permits : 1 Total Valuation : $626,179 BLD 10-00630 REMPEL CONST & CABINE 1417 LAKE SHORE DR SFD WITH ATTACHED 2 CAR GARAGE SUMP PUMP BLD10-00602 BELKNAP CONSTRUCTION 1702 LAKE SHORE DR SFD WITH ATTACHED 3 CAR GARAGE SUMP PUMP CERTIFICATION; CURB RAMP TO STREET BLD10-00567 PHELPS CONSTRUCTION 803 MCCOLLISTER CT SFD WITH ATTACHED 2 CAR GARAGE BLD10-00603 ARLINGTON DEVELOPMEN 369 ARLINGTON DR SFD WITH ATTACHED 2 CAR GARAGE BLD10-00581 ADVANTAGE CUSTOM BU 1984 MACKINAW DR SFD WITH ATTACHED 2 CAR GARAGE BLD10-00586 ADVANTAGE CUSTOM BU 2002 MACKINAW DR SFD WITH ATTACHED 2 CAR GARAGE BLD10-00613 RICHARD & ELIZABETH LO 750 SUNSET ST NEW RSF 2 1 $275,000 NEW RSF 1 1 $264,248 NEW RSF 1 1 $250,000 NEW RSF 2 1 $222,276 NEW RSF 2 1 $204,529 NEW RSF 2 1 $199,712 NEW RSF 1 1 $179,054 Page : 5 City of Iowa City Date : 11/1/2010 Extraction of Building Permit Data for To : 10/ 1 /2010 From : 10/31/2010 Census Bureau Report Type Twe Permit Number Name Address Impr Use Stories Units Valuation SFD WITH ATTACHED 2 CAR GARAGE BASEMENT BEDROOM AND BATH BLD10-00614 LOCKHART, RICHARD F 760 SUNSET ST NEW RSF 1 1 $179,054 SFD WITH ATTACHED 2 CAR GARAGE BASEMENT BEDROOM AND BATH BLD10-00648 ARLINGTON DEVELOPMEN 383 ARLINGTON DR NEW RSF 1 1 $157,693 SFD WITH ATTACHED 2 CAR GARAGE Total NEW/RSF permits : 9 Total Valuation : $1,931,566 BLD10-00661 THE BUNCHER COMPANY 2500 HEINZ RD REP NON 1 0 $493,631 REROOF COMMERCIAL WAREHOUSE BLD 10-00682 CITY CARTON CO INC 817 S CAPITOL ST , REP NON 1 0 $117,000 Repair existing membrane roof and remove and replace trusses and metal roof BLD10-00673 DONALD J & SHIRLEY J GO 942 GILBERT CT REP NON 0 0 $9,800 Complete tear off install new shingles including felt and ice shield BLD10-00674 DONALD J & SHIRLEY J GO 440 KIRKWOOD AVE REP NON 0 0 $3,200 Complete tear off of roof including new felt and ice shield BLD10-00654 OLD FEED STORE ASSOCIA 330 E COURT ST REP NON 0 0 $600 STEP AND RAILING REPAIR Total REP/NON permits : 5 Total Valuation : $624,231 BLD10-00587 RAYMOND GILL 838 WALNUT ST REP RDF 0 0 $22,000 FIRE REPAIR FOR DUPLEX UNIT 838,836 BLD10-00651 ROBERTSON, DAVID W 1227 BURNS AVE REP RDF 0 0 $2,747 REPLACE EXTERIOR DECKS FOR DUPLEX BLD10-00625 PENNINGROTH MANAGEMI 715 BRADLEY ST REP RDF 0 0 $2,100 REPLACE FRONT STEPS FOR DUPLEX UNIT BLD10-00689 JAMES LALLA 1103 ROCHESTER AVE REP RDF 0 0 $950 REPLACE HANDRAILS AND GUARDRAILS ON REAR DECK Total REP/RDF permits : 4 Total Valuation : $27,797 BLD10-00624 MARK IV INVESTORS 2515 BARTELT RD REP RMF 0 0 $11,065 REROOF APARTMENT BUILDING BLD10-00577 BLUFFWOOD PARTNERS L 640 STUART CT REP RMF 0 0 $5,369 EGRESS WINDOWS FOR MULTI-FAMILY DWELLINGS UNITS 1-8. BLD10-00070 RANDY LOAN 411 S LUCAS ST REP RMF 0 0 $1,000 REPLACEMENT WINDOW IN TRI-PLEX IN HISTORIC DISTRICT Total REP/RMF permits : 3 Total Valuation : $17,434 BLD10-00637 BREAZEALE, ESTYL K 224 N DODGE ST REP RSF 0 0 $25,000 FOUNDATION REPAIR FOR SFD BLD07-00242 WARREN L & SUSAN J BIR 1835 KATHLIN DR REP RSF 0 0 $14,840 Water damage repair Paae : Date : 6 1 1/1/2010 City of Iowa City Extraction of Building Permit Data for To: From : to/vzol° 10/31 /2010 Census Bureau Report Tune Tune Permit Number Name Address Impr Use Stories Units Valuation BLD10-00626 AMMENTORP PROPS LLC 313 N LINN ST REP RSF 0 0 $11,440 Reroof S.F.D.(removing all sheeting) BLD10-00655 DALE PETERSEN 3225 SHAMROCK DR REP RSF 0 0 $10,500 REPLACE STRUCTURAL FLOOR FOR GARAGE BLD10-00509 TOM & DIANE SMULL 7 GLEASON DR REP RSF 0 0 $8,476 REPLACE DECK AND PATIO DOOR FOR SFD BLD10-00652 JEFF PORTER 413 N GILBERT ST REP RSF 0 0 $5,400 FRONT PORCH REPAIR BLD10-00640 BREAZEALE, RICHARD E 308 S JOHNSON ST REP RSF 0 0 $4,875 Reroof structure BLD10-00646 TIM & VICKI WALCH 65 N WESTMINSTER ST REP RSF 0 0 $3,600 REPLACE DECK FOR SFD BLD10-00579 DAVID J OZOLINS 610 BROOKSIDE DR REP RSF 0 0 $3,000 EGRESS WINDOWS BLD10-00632 JAMES A HAACK 2237 CALIFORNIA AVE REP RSF 0 0 $2,000 WINDOW REPLACEMENT BLD10-00456 PRO HOME SOLUTIONS LL 20 ASHWOOD DR REP RSF 0 0 $1,072 WINDOWS FOR SFD BLD08-00307 JAMES L STOUT 308 COURT STREET PL REP RSF 0 0 $1,000 REPLACE BEDROOM WINDOWS UPSTAIRS BLD10-00584 ROBERT MOORE 935 E BLOOMINGTON ST REP RSF 0 0 $1,000 REPLACE FRONT PORCH FOR SFD BLD10-00636 RUSSELL D & ROXANNE M ~ 317 SHRADER RD REP RSF 1 0 $500 Replace railing on concrete stoop and steps BLD10-00585 CHUDACEK PARTNERSHIP 718 E DAVENPORT ST REP RSF 0 0 $75 FRONT STEPS FOR SFD Total REP/RSF permits : 15 Total Valuation : $92,778 GRAND TOTALS : PERMITS : 83 VALUATION : $6,969,743 IP8 Page 1 of 2 Marian Karr From: Council for International Visitors to Iowa Cities [mailto:ip-communications@ui-international- programs.ccsend.com] On Behalf Of Council for International Visitors to Iowa Cities Sent: Monday, November 01, 2010 5:01 PM To: Council Subject: CIVIC volunteers needed for visitors from around the world! Having trouble viewing this email? Click here Be a Citizen Diplomat... host a dinner or accompany a group during thanksgiving Dear Re$en1a, Council for International Visitors to Iowa Cities (CIVIC) Be a Citizen Diplomat, and host some extraordinary visitors for 1111 University Capitol Centre Iowa city, Iowa 52242 dinner, provide'air ort trans ortation, or accom an them to P P P Y 319.84.2251 their meetings. We have two groups arriving on Wednesday, November 24: a group from the middle-east and eastern Africa will be in town examing food security issues, and a group ~i~ ®~ ~i~lg listl~ composed of individuals from around the world will be exploring issues involving the education and prevention of HIV/AIDS. Below you will find information on the participants and volunteer Find us ~n FaCet~aok opportunities available for both projects. Please contact me if -- ° ° °' you are interested in volunteering with either of these groups, who are here under the auspices of the U.S. State Department's International Visitors Leadership Program. Happy Election Day! Zachary Rogers, programming coordinator Council for International Visitors to Iowa Cities 319.384.2251 zachary.lynn. ro~ersC~email.com HIV/AIDS Education and Prevention Food Security and Sustainable Develop 11 /4/2010 Council for International Visitors Iowa Cities Page 2 of 2 Project participants include: Mr. Henry Chimbali - A health promotion and communication officer in Malawi Ms. Karima McKenzie-Thomas - An HIV/AIDS researcher from Trinidad It Tobago Ms. Monica Kanyesigye -Asocial worker from Uganda Ms. Oleksandra Mykhaylova - Works for the government of Ukraine on HIV/AIDS prevention Dr. Tsitsilina Apollo - The National Coordinator of Zimbabwe for the HIV/AIDS Care and Treatment Program Project participants include: Mr. Ibrahim Almadani ~~~~~~~ - A project manager with the CABANA Corporation in the ~' Palestinian Territories _- Mr. Hussain Ahmad -The head of a farmer's union in Iraq Mr. Zain Balkut AI-Khafaji - Heads an agricultural extension center in Iraq Mr. Mutlaq Alzayed - A director in the Kuwait Four Milles li Bakeries Company Mr. Baba Welata - The director of programs for the national food security commission of Mauritania Mr. Nadya Ali - A director in Yemen's Ministry of Agriculture and Irrigation Volunteer Opportunities include: Driving our guests from the airport to their hotel on Wednesday, November 24 Hosting a home hospitality meal on Thanksgiving day Accompanying our guests as they volunteer at a free lunch on Thanksgiving Accompanying our guests to professional meetings and cultural activities Friday, November 26 through Monday, November 29 Driving our guests from their hotel to the airport on Tuesday, November 30. ~' ~ I ~ The mission of the Council for International Visitors to Iowa Cities is to foster respect and understanding among people by welcoming future world leaders to eastern Iowa and facilitating their communication with citizen diplomats in the Heartland. Counci for International Visitors owa C iti es t:fVEC: Building Respect and Understonding, One Handshake at a Time CIVIC 11111 University Capitol Centre I Iowa City, Iowa 52242 1319-335.0351 I civicC~uiowa.edu http: / /international.uiowa.edu/outreach/community/civic Share This Email With a Friend Email Marketing by ®SafeUnsubscribe ~ This email was sent to council@iowacity.org by civicCa uiowa.edu. '' Update Profile/Email Address I Instant removal with SafeUnsubscribe"' I Privacv Policv. ~" TRM IT FREE Council for International Visitors to Iowa Cities 11111 University Capitol Centre I Iowa City I IA 152242 11/4/2010 DRAFT ~P9 POLICE CITIZENS REVIEW BOARD MINUTES -November 1, 2010 CALL TO ORDER: Chair Donald King called the meeting to order at 5:30 P.M. MEMBERS PRESENT: Royceann Porter, Peter Jochimsen, Joseph Treloar MEMBERS ABSENT: None STAFF PRESENT: Staff Catherine Pugh and Kellie Tuttle OTHERS PRESENT: Captain Wyss of the ICPD; Dean Abel (5:46) public RECOMMENDATIONS TO COUNCIL Accept PCRB Report on Complaint #10-04 CONSENT CALENDAR Motion by Porter and seconded by Jochimsen to adopt the consent calendar as presented or amended. • Minutes of the meeting on 10/12/10 • ICPD General Order 90-02 (Report Review) • ICPD General Order 00-10 (Evidence and Property Handling Procedures) • ICPD General Order 01-07 (Police Media Relations/Public Information) Motion carried, 4/0. Treloar suggested that in section IV(A)(5) of General Order 00-10 (Evidence and Property Handling Procedures) that crime scene technician for the acronym CST be placed before the first one earlier in the paragraph. In section IV(1)(f) of General Order 90-02 (Report Review), Treloar asked Wyss what an ECO was. Wyss responded that an ECO was an Emergency Communications Officer which they do not have anymore. Since the opening of the communications center there are now station masters, so that general order will probably be reviewed and updated. OLD BUSINESS Community Forum -The Board reviewed the one question that had been submitted from the public for the forum and firmed up details regarding the forum. King announced he would be unable to attend; therefore Treloar will present the information at the beginning of the forum. NEW BUSINESS None. PUBLIC DISCUSSION Abel stated that he thought the community forum was a very important function of the Board and hoped that there would be a good attendance. PCRB November 1, 2010 Page 2 BOARD INFORMATION STAFF INFORMATION EXECUTIVE SESSION REGULAR SESSION King informed the Board of his new phone number. Tuttle handed out an invitation for a public reception to welcome the new City Manager, Tom Markus. Motion by Treloar and seconded by Porter to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0. Open session adjourned at 6:00 P.M. Returned to open session at 6:08 P.M. Motion by Treloar, seconded by Porter to forward the Public Report as amended for PCRB Complaint #10-04 to City Council. Motion carried, 4/0. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • November 9, 2010, 7:00 PM, The Spot -Community Forum • December 14, 2010, 5:30 PM, Lobby Conference Rm • January 11, 2011, 5:30 PM, Lobby Conference Rm • February 8, 2011, 5:30 PM, Lobby Conference Rm ADJOURNMENT Motion for adjournment by Jochimsen, seconded by Porter. Motion carried, 4/0. Meeting adjourned at 6:10 P.M. POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 November 1, 2010 To: City Council Complainant Dale Helling, Interim City Manager Sam Hargadine, Chief of Police Officer(s) involved in complaint From: Police Citizen's Review Board Re: Investigation of PCRB Complaint #10-04 ~~ 4..-1 _- ~y.,.~ ! ...... __ 3 This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB #10-04(the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to review the Police Chiefs Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chiefs professional expertise", Section 8-8-7 B (2). While the City Code directs the Board to make "Findings of Fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence', are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice, or any Federal, State or local law", Section 8-8-7 B (2) a, b, c. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on July 30, 2010. As required by Section 8-8-5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief s Report was filed with the City Clerk on September 24, 2010. The Board met to consider the Chiefs Report on October 12 and November 1, 2010. At -the October 12th meeting the Board voted to review the Chiefs Report in accordance with Section 8-8- 7 (B) (1) (a), "on the record with no additional investigation". FINDINGS OF FACT Officer A responded to the 2400 block of Bartelt Road fora 911 call alleging that someone was being threatened with a knife. When Officer A arrived on scene he spoke with three people who were involved in the incident who indicated that the Complainant had a knife during the incident. The three individuals saw the Complainant and pointed her out to Officer A. Based upon the information he had received from the others involved in the incident it was reasonable for Officer A to conclude that the Complainant had been involved with the incident, was armed with a knife, and presented a danger to others. Officer A approached the Complainant, placed her in handcuffs, and patted her down for weapons to see if she was in possession of a knife. Officer. A asked for the Complainant's side of the story and took the handcuffs off of her when she had finished. During the interview of the Complainant she stated that she thought she was being harassed by the others involved. ALLEGATION: Complainant alleges that Officer A was lacing his hand on her buttocks while he was putting her in handcuffs. Under General Orders 99-12 (Field Interviews and "Pat Down" Searches) and General Orders 00- 01 (Search and Seizure) that address circumstances and procedures for officers conducting searches, Officer A's actions were consistent within those General Orders. Officer A had been told that the complainant was armed with a knife, and threatened another. It was reasonable for Officer A to be in fear for his and the general public's safety. There was no evidence present or available at the time that negated the credibility of the witnesses that provided information to Officer A concerning the Complainant at the time he patted her down for weapons. During the handcuffing procedures it is common for an Officer's hand to make contact with the area around the waist line of the person they are searching or handcuffing. The Complainant was interviewed on August 6, 2010. During her interview she asked if it was appropriate for Officer A to search her since she was female and he was male. It was explained that since it was reported to Officer A that she was armed with a knife and had used it in a threatening manner it was appropriate for the officer to pat her down for the knife to insure that everyone was safe. It was explained to her that it would have been unreasonable under those circumstances for a male officer to wait for a female officer to arrive for the pat down search to occur and potentially jeopardize everyone's safety. Complainant was told under non-emergency situations where no weapon was believed to be involved, it is the general practice of male officers to ask for and wait for a female officer to do a search of a female's person. Complainant was asked if she thought that Officer A was groping her and she stated no. ALLEGATION NOT SUSTAINED ;~, ~_=~ .. ... .,a •.i 7~OyC zz~~~ o ~~y ~~ ~~~~~ ~ p C~ c °~ a Cd Y Cd ~ ~t C ~°C Y o 0 0~ -"~, c o d o w w ~ a~ a. ~ ~ y a ~ ~ ~ ~ ~. '. ~ ~ y ~ o ~ ~ ~ z _ c ~ a' aru _ ~ ~~ b~ N N W N N W W N y -1 ~ o ~ x ~ z z z z ~ N ~ ~ ~ ~ ~ ~ N ~ ~ ~ i i i ~ X ~ J '~ ~ ~ ~ ~ W A ~ ~ ~ ~ ~ i z z z z z i i i ~' i ~ ~ i A ~ ~ i i i i ~ >C yC yC i ~ [i7 W J 00 O i i i i ~ k ~ '~ ~ r C N i i i i ~ k ~ ~ i -~+ i i i i i i i i y ~ ~ d ~ ~ z 3~ ~ ~ o ~j O r I^~I l l n O IP10 PLANNING AND ZONING COMMISSION PRELIMINARY OCTOBER 21, 2010 - 7:00 PM -FORMAL CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: Josh Busard, Charlie Eastham, Elizabeth Koppes, Michelle Payne, Wally Plahutnik, Tim Weitzel MEMBERS ABSENT: Ann Freerks STAFF PRESENT: Sara Greenwood Hektoen, Tabatha Ries-Miller, Karen Howard OTHERS PRESENT: Jean Fisher, Michael Chan, Sue Kloos, Jennifer Turchi, John Nicholson, Nancy Purington, Jason Kakert, Tom Hobart, Craig Albrecht RECOMMENDATIONS TO CITY COUNCIL: On a 6-0 vote (Freerks absent) the Commission voted to recommend approval of REZ10- 00009, an application submitted by University of Iowa for a rezoning from Intensive Commercial (CI-1) zone to Institutional Public (P-2) zone for approximately 1.38 acres of property located at 385 Ruppert Road. On a 6-0 vote (Freerks absent) the Commission voted to recommend approval of the proposed zoning changes from their current zoning to P1, the neighborhood public zone, for: 1) Thornberry Dog Park from OPD-5 ; 2) Frauenholz-Miller Park from OPD-8; 3) Sandhill Estates Part 1, Outlot M, from OPD-5; 4) Sandhill Estates, Lot 2, and part of Lots 3 & 4 from ID-RM; 5) Dean Oakes Sixth Addition, Outlot A, from OPD-5; 6) Oakmont Estates from OPD-5; 7) Country Club Estates from RS-5; 8) Ralston Creek area west of Scott Boulevard from RS-5; 9) North of McCollister Boulevard from IDRM. On a 5-0 vote (Eastham recused; Freerks absent) the Commission voted to recommend approval of rezoning to P1, Neighborhood Public zone, from RS-5 for Taft Speedway. On a 5-0 vote (Busard recused; Freerks absent) the Commission voted to recommend that the City Council forward a letter to the Johnson County Board of Adjustment recommending that a temporary conditional use permit for a asphalt and concrete recycling operation be approved subject to: 1) An expiration date of the conditional use permit that corresponds to the end-date of the current recycling operation; Planning and Zoning Commission October 21, 2010 -Formal Page 2 of 9 2) The County requiring any improvements that are necessary as determined by the county Engineer. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING ITEMS: REZ10-00009: Discussion of an application submitted by University of Iowa for a rezoning from Intensive Commercial (CI-1) zone to Institutional Public (P-2) zone for approximately 1.38 acres of property located at 385 Ruppert Road. Tabatha Ries-Miller presented the staff report and explained that the subject property is immediately adjacent to the Iowa City Airport. It has been acquired by the University of Iowa and will be used as a helicopter landing facility. According to the zoning ordinance any land owned by a State entity such as the University of Iowa and used for public purposes must be zoned Institutional Public (P-2). This zoning designation is intended to provide notice to the public that the land is held in state or federal government ownership and, therefore, is not generally subject to City zoning requirements. A motion was made to approve the rezoning and the motion carried 6-0 (Freerks absent). REZ10-000011: Discussion of an application submitted by the City of Iowa City to rezone the following publicly owned properties: 1) From Planned Development Low Density (OPD-5) zone to Neighborhood Public (P1) zone for property located in Dean Oakes Sixth Addition, Terrill Mill Park, Thornberry Dog Park & Peninsula Park, and Oakmont Estates 2) From Planned Development Low Density (OPD-5) zone and Interim Development Multi-Family (ID-RM) zone to Neighborhood Public (P1) zone for property located in Sandhill Estates 3) From Planned Development Medium Density (OPD-8) zone to Neighborhood Public (P1) zone for property located in Frauenholz-Miller Park 4) From Low Density Single-Family (RS-5) zone to Neighborhood Public (P1) zone for property located west of Scott Boulevard, south of Ralston Creek and in Country Club Estates 5) From interim Development-Multi Family (ID-RM) zone to Neighborhood Public (P1) zone for property located on McCollister Boulevard, east of the Iowa River. Eastham stated that he and his wife own a condominium in the Idyllwild subdivision. He said that while their individual unit is not located in the 200-foot objection area, property owned by their condominium association likely falls within that area for item #8 in the staff report, Taft Speedway. As a result, Eastham said, he is unsure if he needs to recuse himself from some or all of the items on this application. Greenwood Hektoen advised that the motion could likely be structured so that Planning and Zoning Commission October 21, 2010 -Formal Page 3 of 9 a vote on the Taft Speedway issue was taken separately from the other items; Eastham could then recuse himself from that vote. Ries-Miller stated that the properties on the application are all currently owned by the City. The purpose of the rezoning is not to change the intended use of the properties; rather it is to bring each property into compliance with the zoning ordinance. Miller said that the zoning ordinance states that all properties owned or controlled by the City have to have a P1 zoning to reflect the public use of the land. Ries-Miller briefly described each property location and its current function or use. In these descriptions she stressed that each property would retain its current use and that the suggested zoning changes were a matter of bringing the zoning in sync with the use and into compliance with code. Payne asked how the properties came to be zoned way they are rather than as P1. Ries-Miller said that in most cases the City acquired the properties as a part of the subdivision process, so the property was originally zoned as a part of that subdivision. Payne asked if this meant that the properties had not actually been designated as green space as a part of the subdivision process. Howard said that typically subdivision agreements contain language that states that a parcel will be dedicated at a certain point in the development process. She said that the City usually does not accept a land dedication until all of the construction around that area is completed. She said that this was not necessarily the case for each of the properties on the agenda, but that this is the general pattern. Payne asked if this meant that such rezonings were required on a periodic basis, and Howard said that was the case. Howard said that the intention of the P1 zoning designation is to give notice to the public that the land is publicly owned and being used for public purposes. There were no further questions for staff and Koppes opened the public hearing. Jean Fisher, 1830 Bristol Drive, said that she is primarily concerned with the agenda item dealing with the Dean Oakes Sixth Addition. She said that Bristol Drive currently dead-ends near Jake's Way, and she is concerned that a possible motivation for this rezoning could involve future plans to extend Bristol Drive through to Prairie du Chien. Fisher said that she purchased her property last spring and had no intention of relocating to a busy cut-through, which is what she fears could happen if Bristol is extended. She asked how she can find out if the City ever plans to hook Bristol onto Prairie du Chien. Howard said that she did not believe that the City had any plans to do so. She said that the topography of that area is pretty rugged. She said that as a general rule if a street terminates at the boundary of the property it gives some indication that the street may eventually be extended. Howard said that in this case, Bristol Drive end in a cul-de-sac before reaching the property boundary, which usually means there is no intention for that road to be continued. Fisher said that most of her neighbors had assumed that was the case, but also noted that tearing out a circular patch of concrete would not be a big deal for the City if it decided to extend the road. Greenwood Hektoen assured Fisher that if the City ever did plan to change the use of the property there would be a public process for comment. Greenwood Hektoen noted that there are easements in place for the property for sanitary sewer and other purposes, so a rather extensive public process would take place before any such change in use could occur and Fisher could avail herself of those processes at that time. Fisher said her concern is that she is not an adjoining property owner so she would likely not be notified of such processes, and would have to be very "tuned in" to know that anything was happening. Greenwood Hektoen said that she believed that the extension of Bristol Drive was a very remote possibility given the topography and the existence of easements on the property. Fisher asked if there would be a trail on the site in the future. Howard said that she did not believe there were any plans. She said the property is Planning and Zoning Commission October 21, 2010 -Formal Page 4 of 9 currently listed as "open space," and serves primarily as a buffer. Ries-Miller noted that the file for the subdivision specifically said that the area being discussed was left undeveloped because of the steep slopes and the wish to preserve the topography and woodlands that buffer the residential neighborhood from Interstate 80. Michael Chan, 927 Oxen Lane, said he lives in the Sandhill Estates area and is mostly concerned with the entrance to the park and the parking that takes place there. He said he would like to know if park users will have on-site parking or will be parking along the sides of Oxen Lane and other nearby streets. Chan said that Oxen Lane is very narrow, especially in winter when snow piles up along the side of the road. Chan suggested that the street should be designated as one-side parking if park users are going to be parking along the street. Howard said she did not know if there was a specific plan for the development of the park at this time. She said that the best resource to determine if there is such a plan would be the Parks Director. She explained that the intention for this meeting was just to bring zoning into compliance with the zoning ordinance. She said that typically when a park is being developed for the first time the Parks department will have public meetings and invite people who live in the area to provide input and voice their concerns. Howard provided Chan with the name of the Parks Director, Mike Moran, so that he could discuss his concerns with him. Sue Kloos, 3586 Vista Park Drive, stated that her concern was about the property across the street from Scott Park. She asked if it was correct that the property was currently green space and that the plan is for it to stay that way. Howard and Koppes indicated that that was correct. Plahutnik explained that the intention of the meeting was to change the actual legal description of how the land is zoned; none of the uses are intended to be changed. Plahutnik explained that many of these properties are currently zoned residential which is clearly not their current use. This meeting's purpose is to bring the zoning in line with the use and show, through the zoning, that the properties are publicly owned. Jennifer Turchi, 194 Broadmoor Lane, said that she has been involved in the park meetings that have been held in her neighborhood regarding Frauenholtz-Miller Park. She said that since the new St. Patrick's church opened their doors one of the neighborhood's concerns is about parking. Turchi said that Broadmoor Lane, Nottinghill Lane, and Red Hill Lane are all private roads that are being used by people who do not live in the neighborhood. Turchi said that she has been very active on this issue, and that she is concerned that the development of a park in the area will bring even more parking problems. Turchi said that either the church is not in compliance with the City's parking requirements or they are over-capacity every Saturday and Sunday. Turchi said that when parking was brought up as an issue with the Parks Department, neighbors were told that they had to direct their concerns to the public works department, as Parks was not in charge of parking. Turchi said that she was attending the meeting in part to find out exactly who she needs to be talking to on this issue. Howard said that parking issues are taken care of through the City's Public Works and Traffic Engineering Departments. Howard said that if parking is allowed on both sides of the street at the time a street is built then, typically, the City continues to allow it until such time as it is brought to the City's attention as an issue. If the neighborhood requests it, the traffic engineers may go out and do a traffic count and look for solutions. Howard advised Turchi to talk to Darian Nagle-Gamm in the Planning Department, or call Planning and ask to speak to someone in Traffic Engineering. Turchi said that she feels like she and her neighbors have been getting two different stories, as they are being told to direct their concerns to a different person or department each time they contact the City. John Nicholson, 194 Broadmoor Lane, said that he would recommend not rezoning the property until a traffic study is done. He said that because of the high volume of traffic in the area, he Planning and Zoning Commission October 21, 2010 -Formal Page 5 of 9 believes that a risk could be posed to children and families that come to play in the park. Koppes asked Greenwood-Hektoen for clarification on whether or not the rezoning would actually affect any plans for the park. Greenwood Hektoen explained that the plans for the park could be implemented with or without the rezoning. Koppes noted that leaving the rezoning as OPD would not stop the City from building a park there, since the land has already been dedicated to the City to be used for park. Nicholson asked what the purpose of zoning was then and Greenwood Hektoen advised that that was a broader conversation than could be addressed in that forum. Howard said that she understood that this rezoning was somewhat confusing because most rezoning occurs because someone actually wants to change the use of a property. In these cases, the City already owns the property and the only purpose in having a "P" designation on the zoning map is to give the public notice that the property is owned by a public entity and is being used for a public purpose. Howard said that all of the other zones on the zoning map are private property designations, but this case is more of a formality intended to serve notice that the land is publicly owned. Payne asked Nicholson if he had attended the park development meetings. Nicholson said he had attended one and had spoken with Mike Moran and the park designers. He said the first two meetings were where most of the decisions were actually made, and the last one was more of a progress report. He said that there were 30 or 40 people at the first two meetings, but it was unclear what percentage of those people were actually from the nearby church and what percentage were from the neighborhood. He said that the input received from the first meeting to the second was substantially different. He said that the church wanted basketball courts but the neighbors did not; the church wanted public restrooms but the neighbors did not, particularly since the proposed location of the restrooms was near the residential properties and not the church side of the park. Payne suggested that the park development meetings might be an appropriate forum for Nicholson to express his concerns about parking, traffic, and the concerns about children being at risk due to traffic flow. Nicholson said they had brought those issues up in that forum but they had not felt like it was being heard very well. Plahutnik noted that unfortunately the Planning and Zoning Commission does not have any authority regarding the design of the park. Nancy Purington, 1706 Prairie du Chien Road, said that her concern was with the Dean Oakes Sixth Addition. She said the area in question is behind her property and is full of wildflowers and has never been graded or tilled. She asked what the possibilities were for what could happen with that property as a result of rezoning. She said that the only access for a park would be from Bristol Drive. Purington said that she could not imagine how that land could be turned into a park, and wondered what the plans for the property are. Ries-Miller said that the function of that area is preservation of the wooded areas and steep slopes. Ries-Miller said the intention at this point is to keep it as an environmental preservation area. Purington said that was good to know. Ries-Miller said that there was no intention to change the use at this time. Jason Kakert, 218 Red Hill Lane, said he lives close to the Frauenholtz-Miller Park. He said that the map being shown is a little out of date. He said that something to think about with the planning of the park is that people might actually use it as acut-through. He said that Lower West Branch Road does not go all the way through as the map seems to indicate. Ries-Miller explained that the markings Kakert was referring to actually indicate a public right of way, not the existence of a road. She noted that the confusion might stem from the fact that there are actually two parcels that join to make the park, one of which is already zoned P1. There were no further comments from the public and Koppes closed public hearing. Planning and Zoning Commission October 21, 2010 -Formal Page 6 of 9 Koppes invited a motion. Payne motioned to recommend approval of the proposed zoning changes from their current zoning to P1, the neighborhood public zone, for: 1) Thornberry Dog Park from OPD-5 ; 2) Frauenholz-Miller Park from OPD-8; 3) Sandhill Estates Part 1, Outlot M, from OPD-5; 4) Sandhill Estates, Lot 2, and part of Lots 3 8~ 4 from ID-RM; 5) Dean Oakes Sixth Addition, Outlot A, from OPD-5; 6) Oakmont Estates from OPD-5; 7) Country Club Estates from RS-5; 8) Ralston Creek area west of Scott Boulevard from RS-5; 9) North of McCollister Boulevard from IDRM. Plahutnik seconded the motion. Koppes invited discussion. Eastham said he had enjoyed and benefited from the public hearing. He said that the comments about parking and traffic issues near public uses had been instructive. Eastham said that he believed the Commission had attempted to make clear that the traffic and parking issues would have to be addressed by other City bodies; however, he acknowledged them as legitimate concerns that could likely be resolved to the satisfaction of neighbors. Plahutnik added that there is no limit to what can be brought before the Commission for discussion; the limitation comes in terms of whether the Commission can actually do anything about the matter. He said that the concerns expressed are now in the public record, which does get read by City Council and others, so presenting the concerns to the Commission was not a wasted effort. Weitzel acknowledged the truth of what Plahutnik had said, but added that the matter before the Commission presently was really a formality and a requirement of the zoning ordinance. A vote was taken and the motion carried 6-0 (Freerks absent). Koppes invited a second motion. Payne motioned to approve the rezoning to P1, Neighborhood Public zone, from RS-5 for Taft Speedway. Plahutnik seconded. Eastham recused himself from this particular item as he and his wife own a property in the Idyllwild subdivision and their development is within the 300-foot boundary of the subject property. A vote was taken and the motion carried 5-0 (Eastham recused; Freerks absent). CONDITIONAL USE ITEM: CU10-00001: Discussion of an application submitted to Johnson County by S&G Materials Planning and Zoning Commission October 21, 2010 -Formal Page 7 of 9 Company for a temporary conditional use permit to operate an asphalt and concrete recycling operation on property located at 40591zaak Walton Road. Busard recused himself because he had worked on this application in his professional role at the County. Howard presented the staff report, which had been prepared by Christina Kuecker. She said that S&G has applied to the County for an amendment to a previously issued conditional use permit. The property is within the city/county fringe area, but is outside the City's growth area boundary. The County's zoning ordinance allows the City Council to comment on conditional use permits in these cases. Howard said the County has a requirement that if the City Council opposes a conditional use permit then a 4/5 majority vote by the County Board of Adjustment is required to approve the permit. Howard said the original application for conditional use was for asand-mining operation. S&G now wants to amend that permit to also allow concrete and asphalt recycling on a temporary basis. Howard said that these operations were actually already going on counter to the permit that was in place; however, once it was brought to S&G's attention that they were in violation of their conditional use permit, they submitted the appropriate application for a change to the permit. County staff had a number of conditions for approval that they had recommended as noted in the staff memo. At their meeting on the previous evening the County Board of Adjustment recommended approval of the application subject to those conditions and City Council recommending approval. Howard said that staff recommends that the City Council forward a letter to the Johnson County Board of Adjustment recommending approval, subject to the conditions noted in the staff memo regarding an expiration date being established and assessment of the conditions of Izaak Walton League Road by the County Engineer. Eastham asked whether the City or County Sensitive Areas Ordinance would apply to this application and Howard said that it would be the County's. Eastham asked if the County was expanding the Commission's scope of consideration with this request for input. Greenwood Hektoen said she did not think so; rather, they were just acknowledging that the City Council can have input on this application within the framework of the design standards. Eastham asked about the non-compliance issue and received clarification from Howard that the County had amended their zoning ordinance to allow for the consideration of asphalt and concrete recycling as a temporary conditional use. Koppes opened the public hearing. Tom Hobart, 122 Shinn, spoke on behalf of S&G. He explained that the County had amended their code to allow for temporary asphalt and concrete recycling operations. Hobart explained that there was no such thing as a "permanent" permit for these operations in Johnson County. He explained that S&G had not been aware that they were in violation of their conditional use permit. He said that the minute they found out they were in violation they stopped those operations and applied for the appropriate permit. He explained that their operation is good for the environment because it keeps these materials out of the landfill and recycles them back into use. He said there is a large market for these services as there are companies looking to get rid of the materials as well as companies looking to acquire the finished product. Hobart explained that the sand and gravel plant is still in full operation; this use had simply been added to the operation. DNR has approved the conditional use, as have all property owners within 500 feet of the property line; a soil sample is being analyzed for approval. Hobart said that this is a good location for the use, and there are Planning and Zoning Commission October 21, 2010 -Formal Page 8 of 9 several projects lined up and ready to go. Craig Albrecht spoke on behalf of Metro Pavers. He said that he is one of the customers who is in need of this product for projects that are ongoing. He said that timing is a big issue for him and he hoped that the decision would be made in a timely manner. No one else wished to speak to the issue and the public hearing was closed. Payne asked if the motion should include a specific date. Greenwood Hektoen said the date should probably be something the County decided. Payne motioned to recommend that the City Council forward a letter to the Johnson County Board of Adjustment recommending that a conditional use permit be approved subject to: 3) An expiration date of the conditional use permit that corresponds to the end-date of the current recycling operation; 4) The County requiring any improvements that are necessary as determined by the County Engineer. Weitzel seconded. Weitzel noted that the applicant is seeking the necessary permits and permissions as well as the opinions of the neighboring landowners. He said that the use is broadly consistent with the allowed uses so he thinks it is an appropriate use for the property. Eastham said he agreed with Weitzel, adding that the environmental impacts are being considered and managed to the extent possible. He said road access is also being considered by the County. A vote was taken and the motion carried 5-0 (Busard abstaining; Freerks absent). CONSIDERATION OF MEETING MINUTES: OCTOBER 4 AND OCTOBER 7, 2010: Eastham motioned to approve the minutes. Weitzel seconded. A vote was taken and the motion carried 6-0 (Freerks absent). OTHER: Eastham said he had attended the last City Council meeting where Julie Tallman presented on the Floodplain Management Ordinance. He said that Council Member Mims had complimented staff and the Commission on the amount of time and work that had been put into the ordinance. ADJOURNMENT: Weitzel motioned to adjourn. Payne seconded. The meeting was adjourned on a 6-0 vote (Freerks absent). Z O 0 v Z Z N Z a Z Z Z J a V z ~ W W p W Vo ~ Q N Q D ~ Z ~ W ~ I- a c X X ~ X X X X o X X X X ~ X X co X ~ X X X X X vs X X X ~ X X X ~ X X X X X X X ~ X X X X X X X o x x x x x o o x x x x x x ~ ire X X X X X X X X X X ~ X X X X X X X X X ~ M ~ X X X X X X ~ N X X X X X X X r N X X X X X X X N ~~ r ~ ~ ~ M ~ N ~ Ln ~ ln ~ C7 ~ ~ H X 0 ~ 0 ~ 0 ~ 0 ~ 0 0 0 W w ~ W } a J w J J 2 a Z ~ V1 = V Z a . 2 _ ~ ~ W U Y ~ ° N ~ ~ a Y W l ~ W w o = f- ~ w a a LL z ~ = N ~ ~ a cn ~ v~ a w ~ o ~ a a ~ - W z m w u. Y a a ~ o X X ~ X ~ X X ~ X X X X ~ X X X X X X X X X X X X ~ X X ti ~ o x x x x x x o x x x x x o X X X X X X ~ ~ X X ~ ~ X X M X X X X ~ X ~ W r y ('7 N l(') lL") M w 4. , ~n , ~n , ~ ~ ~n , ~n ~n " ~n ~X o o o o o 0 0 W W ~ W >- a J W J ~ ~ m J a Q ~ N = V Z a N 2 ~ ~ W V Y ~ ~ _ ~ W LLI ~ W W a ~ w a z = ~ ~ v~ cn w a ~ a - W a z ~ m a W m w O Y a a J a ~ z W w Q O Z ~ ~ -U4-7 U -p11 MINUTES PRELIMINARY BOARD OF ADJUSTMENT OCTOBER 13, 2010 - 5:15 PM CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: Robert Anderson, Barbara Eckstein, Will Jennings, Caroline Sheerin, Le Ann Tyson MEMBERS ABSENT: None STAFF PRESENT: Sarah Walz, Sara Greenwood Hektoen OTHERS PRESENT: None RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: Anderson, Sheerin, Jennings, Tyson and Eckstein were present. A brief opening statement was read by the Chair outlining the role and purpose of the Board and the procedures that would be followed in the meeting. CONSIDERATION OF THE SEPTEMBER 8, 2010 MEETING MINUTES: Sheerin offered a correction to a pitch measurement that was incorrectly written throughout the minutes. Eckstein offered a correction concerning the word "amount" on page four. Walz noted that she had changed the word "motioned" to "moved" throughout the document. Tyson moved to approve the minutes as amended. Anderson seconded. A vote was taken and the motion carried 5-0. Board of Adjustment October 13, 2010 Page 2 of 6 SPECIAL EXCEPTION: EXC10-00009: Discussion of an application submitted by Theresa Tranmer for a special exception to reduce the required front setback for an uncovered deck located in the Medium Density Single-Family (RS-8J zone at 1610 Center Avenue. Walz explained that the home is located in the historic Longfellow District. Center Avenue is a residential street that is approximately four blocks long with aright-of-way of width of 75 feet. Walz said that the standard right-of-way for a street with this traffic volume would be 60 feet if it were built today. Walz noted that the sidewalks are set back fairly far from the street along Center Avenue. Walz said that it is typical for homes along this portion of Center Avenue to have shallow setbacks along the frontage. She said that the subject property is set back 10 feet, which is the required setback for the property. Walz said that front decks are considered accessory uses and have separate setback requirements. The applicant is requesting to replace her current front stoop with a deck. Walz explained that anything that is larger than what is required to provide access to a home is considered a deck rather than a stoop. She said that the current stoop is roughly 3x3 feet, and the applicant desires to replace it with an uncovered deck that is roughly 4.5x10 feet, and would allow room for seating and potted plants. The steps would come down directly from the front of the deck, whereas in their present configuration, the steps come off the side of the stoop and then angle back toward the front of the property. Walz note that the property is a small, only 3,150 square feet; current zoning requires a lot size of at least 5,000 square feet. The applicant has received a Certificate of Appropriateness from the Historic Preservation Commission (HPC) for construction of a deck, subject to approval of a final design. Walz said that if the Board of Adjustment were to approve this special exception, the applicant would have to go back before Historic Preservation with their final plans. Walz said that given the size of the lot, the large width of the Center Avenue right-of-way, and the character and building placement along the street, staff believes a small deck is a reasonable request. Staff recommends approval of the request to reduce the setback from ten feet to five-and-a-half feet for the purpose of an uncovered deck subject to the following conditions: 1) Compliance with the submitted site plan; 2) The deck shall not exceed 4.5 feet; 3) The applicant must get approval for the final design of the deck in accordance with HPC recommendation; 4) The underside of the deck should be screened with lattice or other material as approved by HPC staff; 5) The setback reduction is for the purpose of an uncovered deck only, and the deck may not be covered or enclosed at any time in the future without an additional special exception. Jennings asked if the deck design would be required to have a railing, and Walz replied that she believed that would be required by building code given the height of the structure. Jennings asked if "coverings" would prohibit a retractable awning, and Walz said she did not believe an awning would be excluded. She said that she thought a "covering" pertained to something Board of Adjustment October 13, 2010 Page 3 of 6 permanently installed. Jennings noted that when Walz described the property as "small" she was speaking about the lot, not necessarily the structure; Walz indicated that was correct. Eckstein asked if it was correct to say that it was irrelevant to Board considerations whether or not the property was owner or tenant occupied. Greenwood Hektoen advised that it was indeed irrelevant. Sheerin opened the public hearing; no members of the public were present and the public hearing was closed. Tyson moved to approve EXC10-00009, an application to reduce the front setback required for an uncovered patio or deck in the RS-8 zone from 10 feet to 5.5. feet for the property located at 1610 Center Avenue subject to the following conditions: 1) The owner shall comply with the site plan submitted -the deck shall not exceed 4 feet, 6 inches in depth, or 10 feet in width; 2J The applicant must get staff approval for the final design of the deck in accordance with the Historic Preservation Commission decision; 3) The underside of the deck must be screened with lattice or other materials to be approved by historic preservation staff; 4) The setback reduction is for the purpose of an uncovered deck only and the deck may not be covered or enclosed at any time in the future without an additional special exception. Jennings seconded. Jennings said that this is the first time in his experience that an applicant for a special exception is not present at the meeting. He asked if this was common, and Walz said that it was not. Walz said that sometimes these processes are difficult for people to understand and she did not think the applicant had intentionally made herself unavailable for questions. Jennings said he had not taken any affront; he was just trying to establish how common that was and if it was appropriate to direct questions to staff that one might have for the applicant. Walz said she would certainly supply whatever information she had based on the information provided by the applicant. Sheerin noted that if there was an occasion where the applicant was not present and board members had questions, the matter can always be deferred until the applicant could be present. Jennings said that he was ready to proceed with the findings of fact. Greenwood Hektoen suggested that Jennings include a finding regarding temporary coverings if he had a position on their appropriateness for this application. Jennings said that he did not know what fell under the realm of historic preservation, and that he did not necessarily have an opinion one way or the other. Tyson asked if anything attached to the structure would be considered permanent and Walz replied that she believed that a "permanent" structure would be anything that required a building permit. Eckstein said that she lives in a historic district and has canvas awnings on some of her doorways, which did not present any historic preservation issues. Walz said that the prohibition on "covering" the porch stems from the fact that it is not unusual for a covered porch to be converted to an enclosed porch; and often times that is done without a building permits. Walz said that explicitly prohibiting the covering and enclosure of a porch when granting a special exception gives the City an additional tool for requiring removal of Board of Adjustment October 13, 2010 Page 4 of 6 illegally converted porches. Eckstein reviewed the Specific Standards. Eckstein stated that the situation is peculiar to this property, as is required by the Specific Standards. The lot size is unusually small, and the grade of the property requires a raised structure of some kind for access. Eckstein noted that Center Avenue is much wider than is currently required for a street of its traffic volume and as such has a greater distance from properties on the other side of the street than is standard. Eckstein said that there is practical difficulty in complying with the 10-foot setback requirement. The existing stoop is 1.5 feet narrower than the proposed deck, but is failing, and requires awkward, sideways access to the house. It also presents safety concerns as it has no railing. Eckstein found that granting the exception is not contrary to the purpose of the setback regulations, because the proposed deck will not impede the sharing of light, air or necessary fire protection lanes, and maintains the opportunity for privacy between dwellings. Eckstein pointed out that the house itself will not be any closer to the street or the neighbors. Eckstein said that the proposed deck will actually have larger side setbacks than is required by the zoning code. She noted again that the street is particularly wide and allows for ample separation from neighbors. Eckstein stated that the proposed building scale and placement reflects that of the neighborhood in which it is located. She noted that a number of homes in the neighborhood have structures within the setback area. The proposal promotes a reasonable physical relationship between buildings and residences and provides flexibility to site a building so that it is compatible. Eckstein noted that the neighborhood is already fully developed and its character is set and maintained as a densely built neighborhood. The proposed setback is for the purpose only of providing access to the house in the form of an uncovered deck, not as a covered porch or an addition to the house. The proposed deck will satisfy the 5-foot side setback requirement, and the property abuts an alley to the east. Eckstein said that any potential negative effects resulting from the setback exception are mitigated to the extent practical in that the final design of the deck must be approved historic preservation staff to ensure the compatibility of its rails, dimensions and designs. Eckstein explained that the deck will only extend an additional foot-and-a -half into the right-of-way as does the existing stoop. The house will be located no closer than three feet to a side or rear property line. The deck will be set back more than the required five feet. Jennings reviewed the General Standards. Jennings said that the proposed deck will be more than 9.5 feet back from the sidewalk and will not obscure the visibility of vehicles accessing the alley to the east. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being Board of Adjustment October 13, 2010 Page 5 of 6 provided because the neighborhood is fully developed with all necessary access roads, drainage and other necessary facilities, including sidewalks and alleys that are already in place. Jennings said that the subject property is asingle-family residence and does not generate significant traffic. The proposed deck will not increase vehicle trips to the area, and thus will have no impact on ingress or egress. Jennings said that the applicant will submit a plan to be reviewed by historic preservationists showing compliance with preservation guidelines. The applicant must also submit a final plan to be reviewed by the Building Official to ensure compliance with any aspects of the code not specifically addressed here. Jennings stated that the Comprehensive Plan encourages reinvestment in older neighborhoods, and this would be considered an improvement to an older home in an older neighborhood. Sheerin invited other findings. Tyson, Sheerin and Anderson concurred with the findings of Jennings and Eckstein. Jennings clarified that the street is not actually 75 feet wide; rather the right-of-way is 75 feet wide. A vote was taken and the motion carried 5-0. The motion was declared approved. Sheerin advised that anyone wishing to appeal the decision to a court of record could do so within 30 days of the decision being filed with the City Clerk's Office. BOARD OF ADJUSTMENT INFORMATION: Walz announced that there would be two applications before the Board in November. Walz said that one of them will be a revisiting of an application that came before the Board in September. ADJOURNMENT: Anderson moved to adjourn. Tyson seconded. The meeting was adjourned on a 5-0 vote. ~+ C ~v Q 0 -v m 0 0 N O u o~C W ^~ W '~ Q L s O N O M x x x x x 0 o x x x x o a x x o x x x O O x X X X X X x N x x x o x N x x x x x °- x X X X >C M O X X X O x N ;' X x 1C X ~ VI N ~ I.l1 M i L ~ O O O O O X ~ W o 0 o O O O C ~ ~ ~L ~ ~ ~ ~ ~ 'o ~ ~ t ~ u c ~ Z c ~ ~ ~' , i = ~ i Q T J O C m ~ U .D d h Xu W ~+ c ~ V1 N L ~ ~ ~ Q Q 'D N C_ O ~. a ~, 0 s u L 0 L cd N a~ ~L 7 .y L u L L .~ L a~ L N ago ~ '~ N CN G ~ 0 Z Z X O O Z W Y