HomeMy WebLinkAbout2010-11-04 Info Packet1
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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
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`'''"'®'~~ 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
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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
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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
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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.
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• IP5
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DEPARTMENT MEMO #10-35
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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:
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11-04-10
IP6
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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,
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Lee Grassley
Senior Manager, Government Relations
~~~~ Mediacom Communications Corporation
6300 Council St. NE • Cedar Rapids, IA 52402
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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
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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
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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 ;~,
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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).
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-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.
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