HomeMy WebLinkAbout2011-01-10 Bd Comm minutes5b 7
APPROVED
PLANNING AND ZONING COMMISSION
NOVEMBER 18, 2010 - 7:00 PM -FORMAL
CITY HALL, EMMA HARVAT HALL
MEMBERS PRESENT: Ann Freerks, Josh Busard, Charlie Eastham, Elizabeth Koppes,
Michelle Payne, Wally Plahutnik, Tim Weitzel
MEMBERS ABSENT: None
STAFF PRESENT: Bob Miklo, Sara Greenwood Hektoen, Wendy Ford, Christina
Kuecker
OTHERS PRESENT:
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 7-0 to forward a recommendation to the City Council stating that
the Towncrest Urban Renewal Plan conforms to the Iowa City Comprehensive Plan.
The Commission voted 6-0 (Eastham abstaining) to recommend approval of REZ10-
00015, arezoning to establish a Design Review Overlay (ODR) Zone for approximately
49.3 acres of property located near the intersection of 1St Avenue and Muscatine Avenue
(Towncrest).
A. CALL TO ORDER:
The meeting was called to order at 7:00 PM.
B. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None
C. TOWNCREST URBAN RENEWAL PLAN AND DESIGN REVIEW OVERLAY DISTRICT:
1. Discussion of the Towncrest Urban Renewal Plan and establishment of an Urban
Renewal Area for approximately 49.3 acres of property located near the
intersection of 1St Avenue and Muscatine Avenue.
Planning and Zoning Commission
November 18, 2010 -Formal
Page 2 of 8
Eastham stated that he is the President and Board Member of anon-profit which owns property
adjacent to the urban renewal project area as well as the area up for rezoning. Eastham said
that the City Attorney has advised him that he can deliberate on the Towncrest Urban Renewal
Plan, but not in the rezoning matter. Greenwood Hektoen noted that there are specific
provisions with regards to the Urban Renewal Plan that address conflicts of interest and
Eastham's situation does not apply.
Miklo said that he wanted to point out that both of the items before the Commission are related
and cover the same territory in the Towncrest area, and both are the result of approximately two
years of discussion with area property owners, residents, and business owners that participated
in neighborhood meetings. Miklo said the goal of those meetings was to find ways to revitalize
the Towncrest area. Miklo said that the Urban Renewal Plan will provide financial incentives for
investment in the area. The Design Review Overlay District would provide guidance for new
construction or major rehabilitations to ensure that they are consistent with the concepts being
developed in the Urban Renewal Plan. Miklo introduced Wendy Ford, Economic Development
Coordinator, to speak on the Urban Renewal District.
Ford said that staff has been working with both businesses and residents in the neighborhood
for a little more than two years, and feels that they have had a successful program for public
input and are very satisfied with the public input they have received. Ford said that many
businesses have left the area, particularly the medical businesses, in order to relocate to newer
developments. The area has suffered from some disinvestment over the years; while residential
values have remained steady over the past four years, commercial property values and
associated property tax receipts for the area have actually dropped.
Ford said that the public meetings, which were held both as group forums and as one-on-one
meetings, showed a strong desire to retain local businesses in the Towncrest area, with special
focus on the medical services and businesses that the area has enjoyed in the past. She said
that a desire to increase the diversity of the businesses in the area and to add to the
neighborhood identity was also vocalized. Ford said that there was an expressed desire to add
green space and to improve both vehicular and pedestrian traffic in the area.
The objectives of the plan are to meet some of the stated desires of the neighborhood and to
encourage support and development that will expand the taxable value in the area. Ford said
the goal was to encourage revitalization, and to reverse the deterioration of some of the
commercial and residential properties in the area. Ford said that establishing the Urban
Renewal Plan will allow the City to provide City Council-approved financial assistance for
projects deemed worthy of reinvestment or redevelopment. She said that under City Council
direction, staff was able to come up with a program of financial incentives that included not only
Tax Increment Financing (TIF), but also two new programs. One of the programs is for facade
renovations and improvements which came about as a result of the realization that
redevelopment of the Towncrest area may take quite some time. Ford noted that it is likely that
some properties will not change hands as these redevelopment efforts take place. This
program is intended to show the "new flavor" of the area and demonstrate that the City is willing
to help with projects that are less substantial but still create an improvement of the overall look
and feel of the area. The second program is agap-financing program which would allow for
financial assistance in situations where private financing and investment has been secured but
there is still a gap between what financing is available and the money needed to complete the
project. Ford said that the idea is to have a program in place for projects that would tip the
balance in Towncrest and would improve the neighborhood.
Planning and Zoning Commission
November 18, 2010 -Formal
Page 3 of 8
Ford noted that the second part of the gap-financing program was a program that would provide
some up-front assistance with pre-design/development costs. This would be a matching
program intended to eliminate as many hurdles as possible for property owners looking to
reinvest in the area. Ford said that there will also be TIF financing available for larger-scale
redevelopment and she would be happy to explain that if the Commission was interested in
hearing more about it. Freerks said a brief explanation might be instructive for members of the
public who are not familiar with the program. Ford explained that TIF Districts essentially allow
the increase in property taxes resulting from an improvement in a property to be partially
rebated to the property-tax payer. Greenwood Hektoen noted that TIF allows the City to handle
the increase in a number of different ways, one of which is a rebate to the property owner.
Eastham noted that there are several single family lots on the east side of First Avenue between
Wayne and Muscatine that are included in the project area. Eastham asked staff to comment
on that. Miklo said that those properties are currently zoned RS-5, Low-Density Single-Family.
Miklo said that the primary reason those homes were included in the redevelopment area was
because part of the discussions centered around making Towncrest more visible and accessible
to arterial streets. Miklo said that the concept plan shows the possibility of a connecting street
between First Avenue with Towncrest Drive. Miklo said the thought was that if a developer buys
those properties for redevelopment then the City could investigate putting the street through;
Miklo said that it was also possible that the City itself could purchase the homes at some point
in order to put the street through. Miklo cautioned that there was no guarantee that either
scenario would happen. He said that the properties are being included in the TIF District so that
if they are targeted for redevelopment they will be able to take advantage of those benefits. He
said they are also included in the Overlay District; however, as single family homes the current
structures would be exempt from any architectural review requirements.
Freerks opened the public hearing.
Kent Campion, 800 Second Avenue, said that he lives approximately two blocks northwest of
Towncrest in the RS-5 zone; his property backs up to the area in question. He said that he had
lived there for six years and had not been aware of any public meetings on this subject until the
fetter he received just last week. He said that as a property owner he is naturally concerned
about the density of the development being proposed and its effects on property owners in the
area. He said that he has small children and wants to protect the value of his home, so he
wanted to talk about the type of development the City envisions for that area if it was not
premature to do so.
Miklo explained that the discussions about redevelopment have been primarily focused on the
Towncrest office park area, the Town and Campus Apartments, and the commercial areas
south of Muscatine Avenue. Miklo said that there has been very little discussion about Hy-Vee
and Walgreen's because they are in pretty good shape. Miklo said that it is likely the City will be
coming back before the Commission with some rezoning proposals, and if those proposals
included properties on the west side of First Avenue, Campion would likely be notified by letter.
Miklo said that the plan is to encourage a mix of uses: commercial, office, medical office, and
residential. He said there is also a desire to have service-oriented businesses such as
restaurants and convenience retail. He said that while the Towncrest area was not envisioned
as a major shopping center, there was hope that there would be service and retail businesses to
serve the offices in the area. Miklo said that there was also a desire for more residential in the
form of apartments or condominiums on the upper levels of buildings.
Campion said that he has concerns about parking in the area if there is to be upper level
Planning and Zoning Commission
November 18, 2010 -Formal
Page 4 of 8
occupancy. He said that the view from his back yard changes dramatically if the changes result
in him looking at the back end of rental properties. Freerks noted that the underlying zoning for
the area he is concerned about is already CC-2 and is not proposed for change. She explained
that right now someone could purchase the properties Campion has discussed and redevelop
them with residential in the upper levels of the buildings. Freerks noted that the City does have
parking requirements that would have to be followed for any development. Miklo said that in
addition to the residential and commercial parking regulations that are already in place, it is
likely that if the area experienced large-scale redevelopment that there would be new parking
facilities or even possibly a new parking structure. Miklo noted that the lots Campion is
concerned about are probably maxed out in terms of development as not much more could be
fit onto them. He said the only way he could see those lots redeveloping was if there was some
sort of structured parking included in the plans. Campion asked where he can get more
information on this project. Freerks advised him that he could speak with staff at any time, and
that he would receive notices on the matter. Ford noted that the City website includes a section
on plans for the Towncrest redevelopment. Eastham noted that the City Council would be
considering this matter if the Commission voted to approve it this evening.
There were no further comments on the matter and the public hearing was closed.
Eastham moved that the Commission forward a recommendation to the City Council
stating that the Towncrest Urban Renewal Plan conforms to the Iowa City
Comprehensive Plan.
Weitzel seconded.
Freerks invited discussion on the matter.
Payne said that she lives near the Towncrest area and she thinks this would be a very positive
thing for the neighborhood. She said she was at several of the community meetings and heard
residents and property owners express a desire for redevelopment and improvements like the
ones in this plan.
Plahutnik said that he visits Towncrest regularly as his physician's offices are located there. He
said that the area does need to be improved. Plahutnik said that it seemed that the general
idea is to redevelop the area in such a way as to benefit the entire neighborhood. Plahutnik
said that he hoped in the end that the development would be one that was community based
and would serve some of the needs of the immediate area. He said the idea is to have the
commercial redevelopment make the residential areas a better place to live. Plahutnik noted
that all members of the Commission very seriously consider the impact on neighbors of any
rezoning that is before them. He said that he regards the zoning that is in place at the time of
purchase to be a sort of compact that is made with the property owner; a pretty compelling
reason is needed to break that compact, and if there is a down side to the neighbors then there
needs to be an overriding benefit to the community. Freerks noted that many of the
Commissioners have themselves lived through rezoning issues that affected their properties.
Eastham said that he has lived near the Towncrest area and received services at the medical
offices located there. He said he has attended some of the public meetings held on the matter
and is quite supportive of the concepts laid out in the plan. He said that he expects over the
next several years to see significant redevelopment of the area into an attractive neighborhood
feature. Eastham gave specific examples of the ways in which this plan conforms to the
Comprehensive Plan, saying he was very happy to support it.
Planning and Zoning Commission
November 18, 2010 -Formal
Page 5 of 8
Weitzel said that he too supported the plan. He said the design plan manual is very good and
the quantitative analysis of the area shows that it is time to take a look at redevelopment.
Declining property values represent potential problems and liabilities for the entire community
and the design plan before the Commission brings creative solutions to the table. He said that if
the redevelopment takes off it will be a benefit to the community.
Freerks said she goes through the area regularly as her son attends Southeast Junior High.
She said that the area has some "good bones," in that it is centrally located and is close to
schools, parks, and trails. She said that these positive attributes can be worked with and
improved upon to make the area an even better one for the community. Freerks said that
redevelopment will be a long process. She said that at the public planning meetings she heard
a lot of support for the concepts being discussed this evening. Freerks said that the
redevelopment will be a benefit not only for this neighborhood but for the larger community.
She said that the plan is consistent with the Comprehensive Plan and she will be voting in favor
of it.
There were no further comments.
A vote was taken and the motion carried 7-0.
2. REZ10-00015: Discussion of rezoning to establish a Design Review Overlay (ODR)
Zone for approximately 49.3 acres of property located near the intersection of 15`
Avenue and Muscatine Avenue (Towncrest).
Eastham recused himself.
Kuecker explained that acommunity-visioning process had been taking place for the Towncrest
area over the last two years. She said that support has been expressed for mixed uses in the
area -commercial, office, retail and residential. She said that staff had put together some
preliminary design concepts based on resident input and had shared that with the public during
the Southeast District planning meetings. The City then contracted with RDG Planning and
Design, to come up with a design plan manual for the area. She said this manual describes a
vision for how Towncrest can develop over time, with a focus on what is seen from public
spaces such as streetscapes, landscaping and building facades. Kuecker explained that there
had been a great deal of public input on the design plan before the Commission. She said that
as Towncrest lacks an identifying feature and it is difficult to know where you are going unless
you are familiar with the area, one of the significant design features is signage. Kuecker said
that another important aspect of the plan is design and architectural standards. She said that
RDG demonstrated how certain buildings could look with different architectural materials and
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features. Kuecker said that RDG focused on re-skinning" existing buildings as public input had
indicated that there was too much value in the existing buildings for them to be razed; a facelift
provides more immediate, short-term benefits.
Kuecker said that RDG also explored how open space could be incorporated into the area,
designing a green, and informal performance space, and an informal water feature, as well as
hard-scaping and landscaping. She said that there was public support for an identifying open
space feature as an asset to the area.
Kuecker said that Design Review Overlay District was one way of ensuring that design features
for the area remain consistent over time. She said projects occurring in the Towncrest area
Planning and Zoning Commission
November 18, 2010 -Formal
Page 6 of 8
would have to go through a design review committee to make sure they are consistent with the
architectural standards of the design plan manual. She said the idea is to make sure that as
redevelopment occurs over the next couple of decades all of the buildings look like they came
from the same family. She reiterated that single family homes would be exempt from the design
review process unless they redeveloped as something other than single family.
Plahutnik asked if anyone had ever considered renaming the area as it was being reimagined in
order to give it a name that better fits it. Miklo said that it was possible that a business owners
association could develop as a result of these redevelopment efforts, and that it could address
issues of branding and public relations for the area. Payne said that her impression from the
public meetings was that residents and property owners identified with the Towncrest name.
She said she heard complaints that Hy-Vee was known as First Avenue Hy-Vee rather than the
Towncrest Hy-Vee.
Freerks opened the public hearing.
No one wished to speak and the public hearing was closed
Payne moved to approve REZ10-00015, a rezoning to establish a Design Review Overlay
(ODR) Zone for approximately 49.3 acres of property located near the intersection of 15t
Avenue and Muscatine Avenue (Towncrest).
Koppes seconded.
Freerks invited discussion.
Weitzel noted that the rezoning represents the mechanics that allows the Urban Renewal Plan
to come to fruition.
Plahutnik said that this rezoning is not chiseled into a stone tablet, and can be tweaked and
improved and changed as needed.
Freerks said that she is glad that the single-family homes are not included in the design review
portion. She said she thought it was important to allow the area to develop incrementally. She
thinks the rezoning is necessary to create a more unified plan.
A vote was taken and the motion carried 6-0 (Eastham abstaining).
Miklo noted that a question had come up at Monday's informal meeting about traffic on Wayne
Avenue. He said that he had discussed the issue with Transportation Planners who are aware
of traffic and parking issues in that neighborhood-. He said that they are involved in discussions
about traffic calming and the possible implementations of four-way stops at some busier
intersections.
D CONSIDERATION OF MEETING MINUTES: OCTOBER 21, 2010:
Plahutnik motioned to approve the minutes.
Koppes seconded.
A vote was taken and the motion carried 7-0.
Planning and Zoning Commission
November 18, 2010 -Formal
Page 7 of 8
E. OTHER:
Plahutnik said that he had noticed that the Floodplain Regulations had been passed by the City
council. He suggested Commissioners all give themselves a pat on the back even though Julie
Tallman did most of the work and answered every single question the Commission had put to
her. Weitzel said that he hoped Housing and Inspection Services continues to be diligent in
helping people through the process and letting them know when they need to flood-proof.
F. ADJOURNMENT:
Weitzel motioned to adjourn.
Payne seconded.
The meeting was adjourned on a 7-0 vote.
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5b 2
MINUTES
HISTORIC PRESERVATION COMMISSION
NOVEMBER ]0, 2010
LOBBY CONFERENCE ROOM
APPROVED
MEMBERS PRESENT: Kent Ackerson, Esther Baker, Thomas Baldridge, William Downing, David McMahon,
Pam Michaud, Dana Thomann, Frank Wagner
MEMBERS ABSENT: Andrew Litton, Ginalie Swaim, Alicia Trimble
STAFF PRESENT: Christina Kuecker
OTHERS PRESENT: Sarah Catherall, Jane Murphy
RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action)
None.
CALL TO ORDER: Vice Chairperson McMahon called the meeting to order at 5:30 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
Michaud discussed the properties on North Lucas Street that were demolished.
CERTIFICATES OF APPROPRIATENESS:
304 Brown Street.
Kuecker said this is an application for a temporary ramp at 304 Brown Street. She said the ramp would come out of
the side door and extend to the driveway. Kuecker said it would be a modular-style, aluminum ramp that would not
require footings. She said it could be removed once it is no longer needed or the property changes hands.
Kuecker said that since it is a temporary situation, staff finds this to be acceptable for the property and recommends
approval as presented in the application.
Catherall, the daughter of the owners, said that because the house is a little bit on a hill, from the street one would
barely see anything. She said one would have to walk halfway up the driveway to really see even the beginning of
it.
MOTION: Baker moved to approve a certificate of appropriateness for the application for 304 Brown Street
as presented. Baldridge seconded the motion. The motion carried on a vote of 8-0 (Litton, Swaim, and
Trimble absent).
Michaud suggested that this be something that could be approved by Chair and staff as apre-approved item.
Kuecker said it would have to be put on the agenda in the future as something to be discussed and voted on.
610 Oakland Avenue.
Kuecker said this project involves a window replacement for the second story bedroom and bathroom windows. She
said the owners are proposing Quaker brand metal clad wood windows that have simulated divided lights. Kuecker
said the Commission has approved this type of window in the past. She said the guidelines allow for window
replacements that match the type, size, sash width, trim, use of divided lights, and overall appearance of the historic
windows.
Kuecker said that in staff's opinion, the proposed windows are compatible with the architectural style of the house.
She said staff recommends approval as presented in the application with the condition that the windows retain the
overall appearance of the historic windows, including type, size, sash width, trim and use of divided lights.
Historic Preservation Commission
November 10, 2010
Page 2
Wagner asked if the owners are replacing the two windows because they are not functional. Kuecker believed that
was the case. She said the owners are replacing all the second story windows, not just two windows.
MOTION: Baker moved to approve a certificate of appropriateness for the application for 610 Oakland
Avenue as presented in the application with the condition that the windows retain the overall appearance of
the historic windows in the house, including type, size, sash width, trim and use of divided lights. Downing
seconded the motion. The motion carried on a vote of 8-0 (Litton Swaim, and Trimble absent).
328/330 North Linn Street.
Kuecker stated that this is an application to remove and reconstruct porches on the house. She said there are
currently just decks on the house -with an entrance on each corner of the house. Kuecker said the owners would
like to build covered porches on them to be of a style that would be similar to what would have been on the house
originally. She said the owners are modeling them off the porch that is on the neighboring house in terms of style,
roof pitch, etc. Kuecker referred to a picture in the packet.
Kuecker said the owners also want to demolish a garage that is on the Davenport Street side of the property. She
said they would like to have two parking spaces instead of one garage. Regarding the garage, Kuecker said the
guidelines state that the decision to approve a demolition of an outbuilding is on •a case-by-case basis, with the
Commission considering the condition, integrity, and architectural components of the outbuilding. She said staff
does not feel this is an original garage and believes the demolition would have minimal impact on the historic
integrity of the property.
Regarding the porches, Kuecker said the guidelines recommend removing non-historic alterations and constructing
new porches that are consistent with the historic building and building historic features. She said staff feels the
proposed porch reconstruction projects help to return this house back to its original appearance.
Kuecker said staff is recommending approval of the application as presented with the condition that all new
windows be either solid wood or metal clad solid wood and retain the overall appearance of the existing original
windows on the property, including type, size, sash width, trim and use of divided lights. She said that divided
lights may be either true divided lights or with muntin bars that are adhered to both sides of the glass, but not with
snap-in muntin bars.
Kuecker said the reason for the window is that on the rear of the house, the owners want to change from one window
to a double window to allow more light into the kitchen. She said staff feels that is appropriate for the style of the
house, and because it is on the rear of the house, would not have a major impact on the historic integrity of the
house.
MOTION; Baldridge moved to approve a certificate of appropriateness for the application for 328/330 North
Linn Street as presented in the application with the following conditions: all new windows being either solid
wood or metal clad solid wood and retaining the overall appearance of the existing original windows on the
property, including type, size, sash width, trim and use of divided lights. Divided lights may be either true
divided lights or with muntin bars that are adhered to both sides of the glass, but not with snap-in muntin
bars. Ackerson seconded the motion. The motion carried on a vote of 8-0 (Litton, Swaim, and Trimble
absent .
DISCUSSION OF 219 N GILBERT STREET:
Murphy said that she and her husband own this property, and the roof is a mess. She said she wanted the benefit of
the Commission's accumulated wisdom and experience regarding options for replacing the roof.
Murphy said she had discussed this with the State Historic Preservation Office, and they did not really recommend
the use of the Acrymax material, and they did not want the roof replaced with a metal roof either. She said the State
says it cannot be documented that the house had a metal roof on it at the turn of the century. Murphy said the two
State recommendations were to go back to a wooden shake roof or do asphalt shingle. She said if there is proof
Historic Preservation Commission
November 10, 2010
Page 3
there was a metal roof on the house at the turn of the century, that would be sufficient for the State, but they don't
think the metal roof was put on until the 20s or 30s.
Downing said that an 80 or 90-year old metal roof would be more in character with this house than an asphalt
shingle roof. Kuecker said that when Preucil School wanted to replace its roof, she found out that there were two
schools of thought on this, with Marlys Svendsen, an architectural historian, feeling that the metal roof was in
keeping with the architectural style and a historic alteration.
Murphy said the estimate to replace the roof with metal was around $18,000. She asked the Commission about the
use of Acrymax and why it is disparaged by the State historic preservation people. Baker said it has been used on
her metal roof, and she does not have a problem.
Downing said he knows the State allows asphalt shingles. He said, however, that to him, they are not anywhere
close to equivalent to cedar shakes or to a metal roof.
Murphy said she is not obligated to go with the State guidelines. She said she would prefer to do this the right way,
however, and to satisfy the local Historic Preservation Commission more than anyone else. Murphy said that if she
did follow the State/federal guidelines, this would apparently be eligible for some tax credits, although no grant
money is available.
Murphy said she is at an impasse and does not know what she should do here. Kuecker said she could contact
Marlys Svendsen to get a quick opinion.
Commission members discussed their experiences with Acrymax and different roofing materials
DISCUSSION OF CITY HIGH CUPOLA:
Kuecker stated that the packet contained a letter that neighbors around City High wrote to the State Historic
Preservation Office regarding the City High Cupola. She said the building is not a historic landmark, but it is
probably eligible for that status.
Kuecker said when alterations that require approval at the federal level are made to a building that is 50 years old or
older, the Commission is allowed to comment on the building proposal. She said the Commission did comment on
the proposal and said that any alteration needed to be sensitive to the design and not damage the historic character
and such.
Kuecker showed the before and after pictures of the cupola. She showed where the railing was cut out on all four
corners and where the small antennas were put in its place. Kuecker said the neighbors felt that this is a disgrace to
the cupola and said the wood has not even been painted where it was cut off.
Kuecker said she could not find the design proposal in the files but said she felt fairly certain that if the Commission
had seen this design, it would not have recommended favorably to the State Historic Preservation Office.
Commission members recalled looking at a design that kept the antennas inside the cupola.
Baker asked if there was any recourse at this point. Kuecker said she has been unable to contact the State Historic
Preservation Office to know what it did approve. She said that if this is not what was approved by the State Historic
Preservation Office, then the company that put up the antennas is in violation of federal law. Kuecker confirmed
that it would be the company's obligation to fix this if it is not appropriate and would not be a responsibility of City
High.
McMahon suggested sending a letter to support the neighbors who brought this to the Commission's attention.
Michaud agreed. The consensus of the Commission was to have Kuecker draft a letter in strongest terms in support
of the neighbors.
CONSIDERATION OF MINUTES FOR OCTOBER 14, 2010.
Historic Preservation Commission
November 10, 2010
Page 4
MOTION: Baker moved to approve the minutes of the Historic Preservation Commission's October 14, 2010
meeting, as written. Thomann seconded the motion. The motion carried on a vote of 8-0 (Litton, Swaim, and
Trimble absent).
OTHER:
Kuecker said someone contacted her regarding finding someone who can put a chimney liner in a chimney. She
said she believes the chimney has quite a bit of architectural significance. The Commission made several
recommendations of people who would do such types of work
The Commission discussed the Historic Preservation Awards. Kuecker said the awards would be presented Sunday
at 2:00. She stated that there are 27 property awards and the Margaret Nowysz Award to be presented.
ADJOURNMENT:
The meeting was adjourned at 6:18 p.m.
Minutes submitted by Anne Schulte
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Airport Commission
November 14, 2010
Page 1
MINUTES
IOWA CITY AIRPORT COMMISSION
NOVEMBER 18, 2010 - 6:00 P.M.
AIRPORT TERMINAL BUILDING
Members Present: Steve Crane, Minnetta Gardinier, Howard Horan
Members Absent: Jose Assouline
Staff Present: Sue Dulek, Michael Tharp
FINAL
01-10-11
5b 3
Others Present: Matt Wolford, Randy Miller, Peggy Slaughter, Van Miller, Toby Meyers,
Bob Libby, John Yeoman, David Hughes
RECOMMENDATIONS TO COUNCIL• (to become effective only after separate Council
action): None
CALL TO ORDER:
Chairperson Horan called the meeting to order at 6:04 P.M.
APPROVAL OF MEETING MINUTES:
Minutes from the October 14, 2010, meeting were reviewed. Gardinier moved to approve the
minutes of the October 14, 2010, meeting as submitted; seconded by Crane. Motion
carried 3-0.
PUBLIC DISCUSSION:
None.
ITEMS FOR DISCUSSION/ACTION:
a. Aviation Commerce Park -Tharp noted that the agreement on the Aviation Commerce
Park lots with Iowa Realty expires at the end of this year. He added that either the
Commission can agree to extend the contract, or they can open it up for new bids from
other realty companies. Dulek gave a brief history of this agreement to the Members,
noting that the previous realtors handling this contact are no longer with Iowa Realty.
She reiterated that the Commission can either extend the contract with Iowa Realty, or
open it up for bids. Members then discussed what they would like to do, with Dulek
responding to questions. Crane stated that he would like to open it up for bids from
other realty companies in town. Gardinier stated that she would most likely agree with
that, to let other realty companies make a bid on the contract. The discussion continued,
with Members agreeing that they would like to open up the bidding process to those
realtors with commercial offices. Tharp will contact these companies, asking them to
present abrief - 10 minute -presentation at the December meeting.
i. Consider a Resolution Approving Contract Amendment with Iowa
Realty -Horan moved to consider the Resolution; no second.
Motion failed for lack of second. Horan moved to invite Iowa Realty,
Airport Commission
November 14, 2010
Page 2
Mid-West America, Coldwell Banker, and Lepic-Kroeger to make
presentations at the December meeting; seconded by Crane. Motion
carried 3-0.
b. Airport Farm Management -John Yeoman addressed Members, stating that he has
been in contact with Tharp regarding the hay, thistle, and weed problems. He added
that he has one person interested in planting wheat out there. Tharp noted that he has
been talking with the FAA on what can and cannot be planted. A lot of it depends on
whether or not the crop would attract large numbers of animals to it. Yeoman also talked
about how they could keep this area mowed during non-growing times. The individual
he has in mind could do this for $4,000 for the season. The discussion continued, with
Members going over the options.
c. FAA/IDOT Projects - AECOM -David Hughes addressed the Members next.
i. Runway 7/25 & 12/30 -Final documentation is being wrapped up, according to
Hughes.
ii. Obstruction Mitigation -Hughes stated that they have submitted the updated
Airport layout plan to FAA. The FAA's response to this will be tied in with the
obstruction mitigation finalization
iii. Hangar ADrainage -The project will be complete once some repairs are made.
The temperatures need to get above 40 degrees before they can do this,
however. Hughes noted that tomorrow's forecast looks good for this.
iv. FY2012 FAA Pre-Application -Hughes then gave Members a handout on the
previous years' CIP and how they do this year to year. He then responded to
Members' questions, further explaining the Master Plan for the Airport. Tharp
noted that the process to update this is similar to how they approached the
Strategic Plan. Hughes asked Members if he should move ahead with this and
bring the documents to the December meeting for approval. The Members
agreed that he should do so.
v. 7-25 Parallel Taxiway -Hughes noted that around the first of November, the
FAA gave an initiation letter for the first phase of this project. This involves the
grading and drainage associated with it. The federal share is estimated at $1.7
million, which is what had been submitted in the CIP last year. He added that
once funding is in place, this should be able to move forward. Hughes then
stated that they will be moving forward in putting a task order together for the
Commission and City's review. The FAA will need this returned in December, so
this will coincide with the December Commission meeting. Hughes stated that
the City will receive information prior to the meeting, to give them time to review.
Gardinier asked when they might expect this work to begin, and Hughes stated
that hopefully with the spring construction season, but that it will ultimately
depend on when the funding comes together.
d. 2011 Air Race Classic -Gardinier stated that in talking with the Air Race Classic
people, there will be several items needed from the Airport in January. She added that
the web site for the race will open in January. Rockwell-Collins has pledged some
money, according to Gardinier, for the race.
e. Corporate Hangar "L" -Tharp stated that there is not much to update on this until they
present at the budget meeting with Council in January. He added that beyond that they
do have state DOT funding secured. The land sale has also been completed, so funding
Airport Commission
November 14, 2010
Page 3
is in place. Gardinier asked if they would be able to retain some of this revenue, and
Tharp responded that they hope to have $100,000 cash after this project is complete.
Airport "Operations": Strategic Plan Implementation; Budget; Management -
Crane asked about a $4,500 for Repair and Maintenance, and $500 for Other-Bldg.
Tharp noted that this is Jet Air's maintenance contract, and the $500 is for cleaning
services. He explained how the accounting department divides up these charges.
Tharp then addressed the upgrading of the old Hertz space. He noted that he has
received some bids, and it looks like $5,500 to do what they would like to do. Tharp also
spoke about some heaters that need repaired. The total for this would be around
$4,000. Members agreed that Tharp should go ahead with these repairs. Gardinier
commented that she still has to wait a long time to get even lukewarm water in the
women's restroom. Tharp will look into this. Tharp then noted that he and Patrick with
Jet Air have been looking into a truck with a plow, a possible three-quarter ton. The
Airport would have to come up with about $7,500 in order to upgrade to this truck. Tharp
is suggesting selling off the smaller mower, which would give them this amount.
Members discussed this, agreeing it was a good idea.
g. FBO /Iowa Flight Training /Whirlybird Reports -Toby Meyers addressed the
Members and introduced Bob Libby, owner of Care Ambulance. He stated that he
partnered with Libby the first part of the year, creating Jet Air Care. Libby is considering
renting the Hertz space for this venture. Meyers stated that he is here tonight to see if
the Commission would be interested in this. The venture would bring four ambulances
to the Airport, and he briefly explained what this would entail. He added that this would
be quite a benefit during something such as the Air Race Classic this coming summer.
Horan stated that he believes it would be a good arrangement. The discussion turned to
how to proceed from here. Tharp will have a memo prepared by next month's meeting
outlining this arrangement. Meyers then spoke to Members, noting that they have some
new staff. He added that traffic has been picking up for Jet Air. Tharp stated that
Whirlybird's has some new staff. It was suggested that he invite them to a monthly
meeting.
h. Subcommittees' Reports -Gardinier stated that she and Tharp met with a group of
third and fourth graders at Weber Elementary recently at lunchtime to talk about aviation.
This was part of the school's Extended Learning Program (ELP).
Commission Members' Reports -Gardinier asked if anyone has applied for the
Commission opening. Dulek noted that one person applied, but that due to gender
balance they have to readvertise. It will probably be January before a replacement is
brought in. A brief discussion ensued about how such openings are advertised.
Gardinier suggested they put a posting on the bulletin board on the main level of the
terminal building. She also suggested an email be sent to their hangar tenants to see if
there is any interest in serving on the Commission.
j. Staff Report -Tharp noted that he will be emailing the Annual Report to Members soon.
He asked that they come prepared to the December meeting with any edits.
Airport Commission
November 14, 2010
Page 4
SET NEXT REGULAR MEETING:
Horan reminded everyone that attendance will be important at the next meeting since they are
still down one person. The next regular meeting will be Thursday, December 16, 2010, at 6:00
P.M. at the Airport Terminal building.
ADJOURN:
The meeting adjourned at 7:28 P.M. Gardinier made the motion to adjourn the meeting at
7:28 P.M.; seconded by Crane. Motion carried 3-0.
Chairperson
Date
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5b(4)
IOWA CITY TELECOMMUNICATIONS COMMISSION
TRIENNIAL REVIEW PUBLIC HEARING APPROVED
MONDAY, NOVEMBER 22, 2010--5:30 P.M.
CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY
MEMBERS PRESENT: Hans Hoerschelman, Gary Hagen, Saul Mekies, Laura Bergus
MEMBERS ABSENT:
STAFF PRESENT: Mike Brau, Bob Hardy
OTHERS PRESENT: Michael McBride, Lee Grassley, Jon Koebrick, Kevin Hoyland,
Rick Tyler, Josh Goding, Emily Light
TRIENNIAL REVIEW PUBLIC HEARING
Hoerscheleman said the purpose of the public hearing is to gather input from the public
regarding the performance of Mediacom over the past five years and the prospects for the future.
Bergus said that she would refrain from commenting as she works with Jon Koebrick. Grassley
said the Iowa City system will soon be transmitting their signal only in digital. The plant
capacity is 860MHz and offers a 50-megabit high speed Internet service. A 105-megabit service
will be made available after the transition to all digital transmission. Mediacom's CEO will be
buying the outstanding shares of the company and taking the company private. This will free up
some capital, as the company will no longer be required to hold a certain level of reserve funds.
More high definition channels will be added after the transition to all digital transmission. A free
digital to analog converter box will be given to any subscriber that needs one at no charge for as
long as they need it. Hoerschelman asked about Mediacom's efforts to standardize their channel
lineup across all their systems. Grassley said that Mediacom is about half way through that
process. Hoerschelman asked about the high definition standard Mediacom uses and if
Mediacom intends to offer both high definition and standard definition signals of those channels
that are in high definition. Grassley said Mediacom uses a 3:1 compression standard for high
definition and will continue to transmit both standard and high definition signals. Hagen asked
about retransmission consent negotiations with Sinclair Broadcasting. Grassley said negotiations
are continuing and that some movement was recently achieved. Grassley said he was optimistic
that a deal will be reached and that Sinclair will not pull their programming from the channel
lineup. The new agreement will likely be for two years. Hoerschelman asked if Mediacom had
any plans to increase system capacity. Grassley said there is no need to expand the system
beyond the current 860 MHz. Hoerschelman asked if Mediacom had any plans to increase
Internet upload speeds. Grassley said upload speeds will be increased when more bandwidth is
available after the transition to all digital transmission is complete. Hardy asked about the
success of the 105-megabit Internet service in Waterloo. Grassley said Mediacom has not
pushed the service. There are more business subscribers than residential subscribers. Mediacom
expects the service to have more subscribers in Iowa City. Hoerschelman asked if Internet
marketing materials might be changed to expressing speeds as "at least" rather than "up to".
Grassley said there are no plans to change. Hoerschelman asked about digital to analog
converters for the schools. Grassley said he is working with Hoyland on this and Mediacom will
meet their commitment to the schools. Hardy said that there is some signal degradation among
the local access channels between when they are transmitted to Mediacom and sent out on the
system. The franchise agreement has a provision that Mediacom provide digital transmission
equipment to the access channels if needed. Hardy asked if Mediacom would be willing to
discuss providing optical transmission equipment for the local access channels. Grassley agreed
to those discussions. Hoerschelman said the franchise agreement requires Mediacom to have a
local office and a local phone number. Grassley said that Mediacom found it simply was not
practical for all local service calls to be handled by a local office in Iowa City. If there were a
service outage, the phone lines would be jammed resulting in subscribers receiving a busy signal.
Mediacom is making improvements in their call centers. More staff has been hired and the
Cedar Rapids call center expanded. Calls will be routed to the center closest to the originating
call. This should facilitate customer service representative's awareness of any local problems.
In looking at franchise provisions the standard should be the level of performance. If a function
can be performed better by different means, then it seems reasonable to do so. Hardy said a
constant source of complaints is the lacks of information customer service representatives have
about local conditions. The automated service call system does not function well. The system
sometimes does not understand what the caller says and there seems to be no way out of the
system or callers get trapped in a loop of options. Tyler said that all customer service
representatives have access to the same information. In cases of an outage the service call
system is designed so it takes three calls reporting an outage before it is considered a system
outage rather than an individual problem. A caller to the automated phone system can get a
person by pressing "0". Koebrick said that customer service response time should be quicker
and the level of customer service better with the larger pool of customer service representatives
soon to be at the Cedar Rapids call center. Hoerschelman asked if Mediacom has considered
other ways of contacting Mediacom rather than by phone such as Twitter and other social media
and if Mediacom has considered using such tools to inform the public when there is a problem.
Tyler said service calls and complaints could be made over the Internet. He was unaware of any
sanctioned use of Twitter by Mediacom for such purposes at this time. Tyler said Mediacom has
a service call escalation policy that if a subscriber makes three calls per month about a problem,
that subscriber's problem will automatically be escalated to a higher level of customer service.
Hagen asked about price increases. Grassley said that costs continue to rise. Additional staff has
been added and programming costs, particularly broadcaster's retransmission consent
agreements, have been rising. There has been no rate increase for I4 months. With the
discounts given for multiple services few subscribers pay the full retail price. Hardy said that
during the past Triennial Review there were concerns with Mediacom's communication with the
public and that is still a problem with regard to informing subscribers about channel lineup
changes. Grassley said Mediacom meets FCC rules on channel lineup changes. Subscribers are
informed of changes 30 days in advance through their bills. Grassley said he wasn't sure what
more could be done. Hardy said there is a marked difference in Mediacom's efforts to
communicate with the public when it comes to channel lineup changes and their marketing of
service. Hoyland asked how Mediacom intended to inform the public about the transition to all
digital transmission. Grassley said Mediacom will utilize print, direct mail, and video. Tyler
said technicians discuss the digital transition and make sure the subscribers are prepared for the
change at every service call.
ADJOURNEMENT
Hoerschelman moved and Hagen seconded a motion to adjourn. The motion passed
unanimously. Adjournment was at 6:31 p.m.
Respectfully submitted,
Michael Brau
Cable TV Administrative Aide
POLICE CITIZENS REVIEW BOARD
COMMUNITY FORUM
November 9, 2010, 7:00 P.M.
THE SPOT
1030 Crosspark Ave, IC
FINAL/APPROVED
5b 5
CALL TO ORDER: Vice Chair Joseph Treloar called the meeting to order at 7:00 P.M.
MEMBERS PRESENT: Royceann Porter and Peter Jochimsen
MEMBERS ABSENT: Donald King
STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle
(Transcriptions are available)
INTRODUCTION OF BOARD, REVIEW OF COMPLAINT PROCESS, AND CHARTER
REQUIREMENT.
Treloar introduced Board members and gave a summary of the
Board and the complaint process.
CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS
Motion by Porter, seconded by Jochimsen to accept
correspondence. Motion carried 3/0, King absent.
PUBLIC
DISCUSSION The following individuals appeared before the PCRB:
Peter Hansen 1203 Cambria Ct, IC
Caroline Dieterle 727 Walnut St, IC
Henry Harper 701 Chestnut Ct, IC
Sue Freeman 217 Woodridge Ave, IC
ADJOURNMENT Motion by Jochimsen and seconded by Porter to adjourn.
Motion carried, 3/0, King absent. Meeting adjourned at 7:46 P.M.
FINAL/APPROVED
POLICE CITIZENS REVIEW BOARD 5b 6
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 King informed the Board of his new phone number.
STAFF
INFORMATION
Tuttle handed out an invitation for a public reception to welcome the new City
Manager, Tom Markus.
EXECUTIVE
SESSION
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.
REGULAR
SESSION 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
~_
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November 1, 2010 ~ -
f;-~ ""' E --'
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
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 Chief s 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 Chief s 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 placing 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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YOUTH ADVISORY COMMISSION
Sunday, November 14, 2010- 5:00 PM
HARVART HALL, CITY HALL
FINAL
Members Present: Luan Heywood, Zach Wahls, Alexandra Tamerius, Jerry Gao, Matt Lincoln
Members Absent: None
Staff Present: Marian Karr, Ross Wilburn
Others Present: None
CALL TO ORDER:
The meeting was called to order at 5:06 PM. Heywood chaired the meeting.
5b 7
MINUTES:
Tamerius motioned to approve the October 3 minutes. Wahls seconded the motion. The motion carried
unanimously, 5/0.
UPDATE ON VACANCIES:
The Commission currently has the Tate and an At-Large position open; and no applications to fill the
positions. Also, as of January 1, there will be a City High and West High position open, with both
Heywood and Wahl's terms ending. The deadline for all four vacancies is December 1.
BUDGET UPDATE:
The Commission has not used any funds this month.
ANNUAL REPORT:
Wahls motioned to approve the Youth Advisory Commission's Annual Report. Lincoln seconded the
motion. The motion carried unanimously, 5/0.
SUBCOMMITTEE REPORTS:
^ Grant Programming Subcommittee - Wahls abstained from the meeting due to a conflict of
interest. Summer of Solutions provided the Commission with receipts from their Summer of
Solutions project. The Commission approved a grant of $750, however the receipts totaled
$259.97, including $100 in wages and $58 for their P.O. Box. The City Clerk reported she had
discussed the request with Asst. City Atty. Goers who recommended against wages and PO Box
A staff memo was included in the YAC packet explaining the reasons for the recommendation.
The Commission approved payment of $101.97 to the Summer of Solutions Program, excluding
$100 in wages and $58 for a P.O. Box. Tamerius motioned to approve the grant of $101.97,
which was seconded by Gao. The motion passed unanimously, 4/0 with Wahls abstaining.
Wahls returned to the meeting.
The Commission discussed amendments to the Youth Empowerment Grant's Application Form
to address concerns regarding "wages". Under Item #3: Estimated Project Costs, the Commission
changed "labor costs" to "outside labor costs" with specific examples such as "contracted help or
installation" included on the application form. Karr stated she would prepare a draft of the
application form for the next meeting.
The Commission discussed the application for the Christmas Basket Project at Regina High
School. Lincoln abstained from the meeting due to a conflict of interest. The project is used to
empower youth to help families in Iowa City. Wahls motioned to approve the $1,000 Youth
Empowerment Grant for the Christmas Basket Project. Tamerius seconded to the motion. The
motion carried unanimously, 4/0 with Lincoln abstaining.
Lincoln returned to the meeting.
YOUTH ADVISORY COMMISSION
November 14, 2010
Page 2 of 3
^ Website and Advertisements - No new updates.
Youth Recognition Grant - Wahls and Gao circulated the grants around the junior high schools.
Kim Colvin sent it out to the junior high schools in the Iowa City school district, and Cristina
Allgood, the counselor of Regina Junior High and High School, was also given the grant
information. There were no applications submitted to date. The Recognition Grant Subcommittee
will create anotification/certificate to be given to the winner and will review how the award is
given. Any applications will be sent to the Recognition Grant Subcommittee for review and
members will make recommendations to the Commission.
CITY COUNCIL UPDATE:
Wilburn stated on November 29 at 5:30, there will be a meeting with local legislators and that the
Commission is welcome. A meet and greet for the new City Manager will be held on December 9 in City
Hall. This event will be open to the public. The City Council will begin their budget review at the end of
December.
MEETING SCHEDULE:
The Commission set a date for the next meeting, Friday, December 10 at 5:00 PM.
Gao motioned to adjourn, which was seconded by Wahls. The motion to adjourn passed unanimously,
5/0, 6:04 PM.
Minutes submitted by Lincoln.
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APPROVED
PLANNING AND ZONING COMMISSION
DECEMBER 2, 2010 - 7:00 PM -FORMAL
CITY HALL, EMMA HARVAT HALL
MEMBERS PRESENT: Ann Freerks, Josh Busard, Charlie Eastham, Elizabeth Koppes,
Michelle Payne, Wally Plahutnik, Tim Weitzel
MEMBERS ABSENT: None
STAFF PRESENT: Bob Miklo, Sara Greenwood Hektoen, Christina Kuecker
OTHERS PRESENT: Terry Lavery, Jim Price
RECOMMENDATIONS TO CITY COUNCIL:
1. The Commission voted 7-0 to recommend approval of REZ10-00016, a rezoning of
approximately 2.84 acres locates at the northwest corner of Muscatine Avenue and Scott
boulevard from RS-5 to RM-12 and SUB10-00014, a preliminary plat of Terra Verde, a 22-
lot, approximately 12.48 acre residential subdivision located at the northwest corner of
Muscatine avenue and Scott Boulevard be approved with the following conditions:
The sidewalk on the north side of Muscatine Avenue being extended from
Juniper Drive to Scott boulevard;
The sidewalk on the north side of Muscatine Avenue and along Terrence Lane
adjacent to 3330 Muscatine Avenue being installed concurrently to the
construction of Terrence Lane;
The multi-family buildings being substantially compliant with the submitted site
plan and building design. If the developer wished to change the design, the new
design must be approved by the Staff Design Review Committee.
2. The Commission voted 5-2 (Eastham and Plahutnik voting against) to approve REZ10-
00017 an application by Billion Automotive to amend the zoning code per staff
recommended changes to Non-Conforming Signs, Section C of 14-4E-8C-3.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
REZONING/DEVELOPMENT ITEM:
REZ10-00016/SUB10-00013: Discussion of an application submitted by TNT Land
development LLC for a rezoning from Low Density Single-Family (RS-5) zone to Medium
Density Single-Family (RM-12) zone for 2.84 acres and a preliminary plat for Terra Verde,
Planning and Zoning Commission
December 2, 2010 -Formal
Page 2 of 8
a 22-lot, 12.48 acre residential subdivision located at NW corner of Muscatine Avenue
and Scott Boulevard.
Kuecker explained that this was atwo-part application. The first part is to rezone property at the
corner of Scott and Muscatine from RS-5 to RS-12 the other portion of the application is for a
subdivision dividing the entire 12.48 acres into a subdivision with 19 single-family lots and 3
multi-family lots. Kuecker said that there would be three outlots in the subdivision. Outlot A is for
storm-water detention, while Outlots B & C are being deeded to the neighboring property
owners. Kuecker said that this property is in the Southeast Planning District, the plan for which
is still in the process of being written. Kuecker said that the land use map shows this area as
being all single-family homes. She said that the neighborhood design section of the
Comprehensive Plan, however, does demonstrate that the intersections of arterial streets are
appropriate places for multi-family and commercial properties. Kuecker said that the draft of the
Southeast District Plan that is in process does show this area as having multi-family dwellings.
Kuecker said that the subdivision design does meet all of the requirements of the zoning code.
Kuecker said that the new multi-family properties would not be allowed access off of Scott
Boulevard or Muscatine and would access those streets off of a new street, Terrance Lane.
Kuecker said that the surrounding neighborhoods are primarily single-family, though there is a
planned development for the southeast corner of Muscatine and Scott Boulevard that has multi-
family units and a medical office. Kuecker said the developer's concept plan shows townhouse
style lots with the parking in the back of the properties. Staff felt that the concept plan and
building design were appropriate for the neighborhood. Staff recommends a conditional zoning
agreement to ensure that the new multi-family units are compatible with the existing single-
family neighborhoods.
Kuecker said that she had spoken with transportation planners about the concerns the
Commission had expressed regarding the intersection of Scott Boulevard and Muscatine
Avenue. The transportation planners said that the improvements to that intersection are
scheduled for FY13, and will include left turn lanes in all directions and a traffic signal. Kuecker
said that he applicant is dedicating additional right-of-way along Muscatine Avenue to facilitate
those future improvements and expansion.
Kuecker said that the applicant has shown in the concept plan a sidewalk on the north side of
Muscatine that connects to Juniper Drive. She said that staff recommends making that a part of
the conditional zoning agreement. The applicant also shows trail connections on the property
that tie into existing 8 foot sidewalk on Scott Boulevard and the open space to the north that in
the future could connect the Creekside Trail.
Kuecker said the applicant would like to pay fees in lieu of providing parkland. Kuecker said that
would have to go before the Parks and Recreation Commission, but that staff would prefer that
arrangement in this instance.
Kuecker noted that the revised plat has had all deficiencies corrected. Staff is recommending
approval of this application with the following conditions:
1) The sidewalk on the north side of Muscatine will be extended from Juniper Drive to Scott
Boulevard;
2) The sidewalk on the north side of Muscatine and along Terrence Lane adjacent to 3330
Muscatine Avenue will be installed concurrent to the construction of Terrence Lane; and
3) The multi-family buildings will be substantially compliant with the submitted site plan and
building design. If the developer wishes to change the design, the new design must be
approved by the Staff Design Review Committee.
Planning and Zoning Commission
December 2, 2010 -Formal
Page 3 of 8
Eastham asked if the developer had the permission of the nearby property owners to extend the
sidewalk to Juniper. Kuecker said that the sidewalk would be constructed in the public right-of-
way so property owner permission would not be necessary. Payne asked how wide the
proposed sidewalk would be. Kuecker said that because the sidewalk on the south side of
Muscatine is 8-feet wide, the proposed sidewalk would be 5-feet wide, per City standards for
arterial streets.
Eastham asked if the applicant has indicated what the phasing of the plan would be; Kuecker
said that the applicant had not.
Busard asked if it was correct that the applicant was only donating additional right-of-way and
not actually paying for improvement to the intersection of Scott and Muscatine, and Miklo said
that was correct.
Freerks opened the public hearing and invited the applicant to speak.
Terry Lavery, TNT LLC, said that he has been developing for over 25 years. He said that he is
currently finishing ageo-thermal townhome community in Coralville similar to the one proposed
here. Lavery explained that this particular project was going to be an all geo-thermal heat pump
community. He said that the price point for the homes will be $200,000 to $300,000, making
them very affordable for azero-carbon footprint community, something very difficult to find in the
Midwest. Lavery said that there is no phasing for the project; both single and multi-family homes
will be built simultaneously.
No one else wished to speak to this issue and the public hearing was closed.
Eastham moved to recommend approval. of REZ10-00016, a rezoning of approximately
2.84 acres locates at the northwest corner of Muscatine Avenue and Scott Boulevard
from RS-5 to RM-12 and SUB10-00014, a preliminary plat of Terra Verde, a 22-lot,
approximately 12.48 acre residential subdivision located at the northwest corner of
Muscatine avenue and Scott Boulevard be approved with the following conditions:
The sidewalk on the north side of Muscatine Avenue being extended from
Juniper Drive to Scott Boulevard;
The sidewalk on the north side of Muscatine Avenue and along Terrence Lane
adjacent to 3330 Muscatine Avenue being installed concurrently to the
construction of Terrence Lane;
• The multi-family buildings being substantially compliant with the submitted site
plan and building design. If the developer wished to change the design, the new
design must be approved by the Staff Design Review Committee.
Weitzel seconded.
Eastham said he felt this project was fairly straight-forward and consistent with the
Comprehensive Plan. He said that he felt the developer had done a good job of addressing any
concerns expressed by staff.
Busard said he was glad to see the higher density housing, but he did have a couple of
concerns. He said that he would like to know specifically how long "temporary" meant in regard
to the temporary dead-end. He said he also would have liked to see some kind of connecting
trail to Muscatine in order to provide residents easier access to the services and transportation
on Muscatine Avenue. He said he was okay with the project other than those concerns.
Planning and Zoning Commission
December 2, 2010 -Formal
Page 4 of 8
Weitzel agreed with Busard that the temporary nature of the street was perhaps not ideal;
however, he said that it might be the best solution in this particular case. He said the project
makes good use of the land in an area that is somewhat difficult to develop.
Koppes said that one of her main concerns is the traffic on Muscatine and Scott. She said that
knowing that the improvements to the intersection are scheduled to be funded in 2013, she will
support the application. However, if the funding for improvements gets pushed back then she
thinks the Commission should address that with the traffic planners, as this project will add a lot
of traffic to an already busy intersection. Kuecker noted that the City only budgets for one traffic
signal a year and the priority is given to those areas with highest collision rates. Koppes said
that she agreed with that prioritization. She said she would vote for the project but she wanted
the traffic improvements there as soon as possible.
Freerks said that she felt the project offers something to that area and to the city as a whole
because of the geo-thermal features. She acknowledged the traffic concerns but expressed
confidence that they were being appropriately addressed.
A vote was taken and the motion carried 7-0.
CODE AMENDMENT:
REZ10-00017: Discussion of an application by Billion Motors for a request to amend the
Zoning Code to allow taller signs in the CI-1 zone near Interstate Highways.
Miklo said that Billion Auto has requested this amendment to accommodate an existing sign that
is located at Highway 218 and Highway 1, just west of Mormon Trek Boulevard. Miklo said that
this property was zoned Highway Commercial (CH-1) until just recently. That zone allows signs
up to 65 feet tall in areas that are within 1,000 feet of a divided or interstate highway. Miklo said
that in most cases, the maximum sign size is 125 square feet; the Highway Commercial zone
allows 250 square foot of signage. Miklo noted that the sign is question was in conformance
with code until the area was rezoned from Highway Commercial to Intensive Commercial (CI-1 ).
Miklo said the rezoning was necessary for Billion Auto to expand. Miklo explained that auto
dealerships had previously been allowed in Highway Commercial zones, so that when a Ford
dealership was established at that property both the use and the sign were in conformance with
code. When the zoning code was amended in 2005, the Highway Commercial zone was
amended to be in more in keeping with its original intent, which was to provide and area where
those traveling along highways could stop for necessary services, such as restaurants, gas
stations, and hotels. At that time, auto dealerships were disallowed in the Highway Commercial
zone, and were allowed in the Intensive Commercial zone. This made the car dealership a non-
conforming use. Miklo said that it is important to note that the sign was established in and
invested in as a conforming use, and that it only became non-conforming recently when the City
changed its code. Miklo explained that under current code, any changes to the sign -such as
changing it to reflect the auto dealership that is actually there rather than the previous
dealership-would require the sign to come into conformance with current code. This would
essentially require the original sign to be completely removed, and the owner's investment in the
sign would be totally lost. Miklo said that the application submitted by the dealership requests
that the zoning code be amended to allow for larger signs in the Intensive Commercial Zone.
Staff advises against that approach as it would open up interchanges for many more signs for
uses that do not necessarily need to draw highway users. Miklo said that staff feels it is
reasonable to amend the non-conforming provisions to allow for limited re-use of taller signs if
and when they become non-conforming. Miklo said that one justification for this is because it is
reasonable to allow the great expense involved in the construction of these signs to be
Planning and Zoning Commission
December 2, 2010 -Formal
Page 5 of 8
recouped or amortized when they become non-conforming. Miklo said that it is also important to
note that part of the non-conformity is the indirect result of a change in City policy. Miklo said
staff feels it would be reasonable to amend the existing sign code to allow existing signs that are
taller than the height limit to be reused and refaced as long as certain criteria are met.
Eastham asked whether or not the applicant is being required to correct any other non-
conformance issues on the property. Miklo said there had been some landscaping details that
needed to be brought into conformance, and are being corrected as a part of the dealership
expansion.
Eastham asked whether or not other property owners in the city had been required to change
their free-standing signs because of non-conformance issues. Miklo said that has happened in
some situations, but he did not think it had happened with a sign of this type.
Weitzel asked if staff had any idea how many other signs would be affected as a result of these
changes. Miklo said that there is only one other non-conforming sign of this type, and about a
half-dozen of these signs in the city as a whole.
Payne asked if this would have been an issue if the sign face had been changed prior to the
recent rezoning, and Miklo said it would not have been. Miklo said that it would have been a risk
for the dealership to invest in changes to a sign prior to the rezoning as there had been no
guarantee that the rezoning would go through.
Eastham asked if there were other dealerships and businesses along Highway 1 and 218 that
have conforming free-standing signs. Miklo said that there were.
Freerks opened the public hearing and invited the applicant to speak.
Jim Price with Billion Automotive said that Payne had precisely illustrated Billion's problem: they
would have changed the sign had they had the expansion platted, but could not put the cart
before the horse. Price said that they had to be re-platted to do the expansion, but by doing the
re-plat they had rendered their sign non-conforming. He said they simply wanted to do what
they had intended to do all along, which is to reuse the existing sign.
No one else wished to speak to this issue and the public hearing was closed.
Payne moved to approve REZ10-00017 an application by Billion Automotive to amend the
zoning code per staff recommended changes to Non-Conforming Signs, Section C of 14-
4E-8C-3.
Busard seconded.
Payne said that it makes sense to have a tall sign that is visible from Highway 218, and it does
not make sense to remove an existing sign only to put up another. She said that while she can
see both sides of the issue, she does think the visibility issue wins out.
Koppes stated that the same argument could be made for any business along Highway 218;
most of those properties would also like to have signs visible form the highway but are not
allowed to.
Planning and Zoning Commission
December 2, 2010 -Formal
Page 6 of 8
Weitzel noted that the rezoning was not necessarily the applicant's idea; it was a necessity, and
as a result of fulfilling one requirement, their sign became non-conforming for another
requirement.
Freerks noted that the sign was established lawfully and was made non-conforming after that.
She said the primary question before the commission is whether or not to make an exception in
this instance -though she noted that the applicant was actually requesting a broader change.
Busard said that he had originally leaned toward a "no" vote as he is not a fan of changing code
just because someone wants it to be changed. However, because of the circumstances of this
particular case, the compromise proposed by staff seems reasonable.
Weitzel said that the compromise does a good job of accommodating this particular issue while
retaining reasonable limitations on signs.
Plahutnik said that the zoning for that area had been pretty carefully considered. The decision to
limit tall signs in that area to businesses that are useful to travelers on the highways was a very
conscious one. Plahutnik said that the zoning was approved unanimously, and the intent of that
zoning was specifically intended to limit signs along highway corridors. Plahutnik noted that the
particular site in question is one of the highest spots in the county so even a very short sign is
still highly visible. Plahutnik said that while he did not wish to see anyone spend money
unnecessarily, he did not think this instance warranted doing backflips to change a code that
was a very good and positive one. Plahutnik said he would be voting against this application.
Busard said that Plahutnik's points were well taken, but that he was swayed by the fact that
allowing the change to the sign would also encourage the maintenance of it. Payne noted that
the code changes were concerned with new signs; the sign will not have to be taken down
regardless of what the Commission recommends. Freerks said that the practical reality of the
situation is that this limited amendment will pertain to only two signs in the city, and that she is in
favor of reusing and recycling the existing signs rather than having them torn down to create
newer, smaller signs. Payne said she would not be in favor of changing the code to allow new
50-foot signs, only in allowing for pre-existing signs.
Eastham said that this sign is definitely higher and more prominent than the other car dealership
signs in that area. He said that he had reviewed the Comprehensive Plan and the zoning code
as it pertains to this issue. He said that part of the code is intended to provide fair and equitable
treatment for all sign users, which is currently not the case since the other businesses along the
highway have much shorter signs. Eastham said that while he is sympathetic with the financial
concerns of the dealership, he does not think it is an unreasonable expectation for businesses
to examine all aspects of the affects that zoning changes they request might have on their
interests. Eastham said that while changing the sign might be a bit annoying it is not necessarily
onerous. He said that it is his understanding that the cost of something should not be a factor in
a zoning discussion.
Greenwood Hektoen clarified that financial considerations can be taken into account in terms of
ensuring that a zoning code is not so onerous that there can be no return on investment.
Freerks said that she does not feel there is a fairness issue in terms of signage as the sign had
been lawfully established.
Koppes asked if the applicant would be required to remove the sign if the application was
denied. Miklo said that the applicant could leave the sign in place, but could not make any
Planning and Zoning Commission
December 2, 2010 -Formal
Page 7 of 8
changes to it. Koppes asked if they would be required to maintain it. Miklo said that he believed
there were some provisions that would apply once the sign became hazardous.
Koppes said that while she agrees with Plahutnik for the most part, she will support the
application because the only changes being made are to the face of the sign. She noted that
she did see a fairness issue since dealers that are right across the street cannot have signs of
the same height.
Weitzel said that the reasons the sign became non-conforming are very compelling issues for
him.
Koppes said she would support this because it is very limited in scope, but she would not
support anything broader.
A vote was taken and the motion carried 5-2 (Eastham and Plahutnik voting against).
CONSIDERATION OF MEETING MINUTES: NOVEMBER 15 AND 18, 2010:
Koppes moved to approve the minutes.
Payne seconded.
A vote was taken and the motion carried 7-0.
OTHER:
There will not be a January 3`d meeting unless something pressing comes up.
There will be no December 8th meeting on the Riverfront Crossings project. The meeting will be
schedule for Jan. 27th
ADJOURNMENT:
Koppes motioned to adjourn.
Payne seconded.
The meeting was adjourned on a 7-0 vote.
s/pcd/mins/p&z/2010/p8z 12-02-10.doc
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Board/Commission: Civil Service Commission
ATTENDANCE RECORD
YEAR 2011
(Meeting Date)
NAME TERM
EXPIRES
1/4/2011
L ra Dickerson 4/7/14 X
Bill Cook 4/1/13 X
Elizabeth Cummins 4/4/12 X
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No Meeting
--- = Not a Member
5b 9
MINUTES-FINAL
CITY OF IOWA CITY CIVIL SERVICE COMMISSION
January 4, 2011 - 8:15 am
LOBBY CONFERENCE ROOM -CITY HALL
Members Present: Lyra Dickerson, William Cook and Elizabeth Cummings
Members Absent: None
Staff Present: Karen Jennings, Fire Chief Andy Rocca, Deputy Fire Chief Roger
Jensen and Molly Trenary
Others Present: None
RECOMMENDATION TO COUNCIL (become effective only after separate Council
action):
None
CALL TO ORDER:
Meeting called to order at 8:16 a.m. Lyra Dickerson chaired the meeting.
CERTIFICATION HIRING LIST FOR POSITION OF FIREFIGHTER:
The first item of business was certification of the hiring list for the position of Firefighter.
Jennings provided the list to commissioners for review.
Cook confirmed with Chief Rocca that he was satisfied with the hiring list and moved to
approve the list as proposed, Cummings seconded the motion and all were in favor.
OLD BUSINESS:
None
NEW BUSINESS:
None
ADJOURNMENT:
Cook moved to adjourn, Cummings seconded and the meeting was adjourned at 8:20 a.m.
January 4, 2011
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CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240-1826
TO: The Honorable.Mayor and the City Council (3 19) 356-5000
(319) 356-5009 FAX
RE: Civil Service Entrance Examination -FIREFIGHTER www.icgov.org
We, the undersigned members of the Civil Service Commission for Iowa City, Iowa, do hereby certify the
following named person(s) as eligible for the position of Firefighter.
1. John Crane
2. Brandon Pflanzer
3. Todd Irwin
4. Sadie McDowell
5. Aaron Butikofer
6. Collin Wellsandt
7. Scott Sweetalla
8. Bradley Grady
9. John Winter
10. Ben Caskey
11. Frank Sir-Louis
12. David Mabon
13. Daniel Haas
14. Wade Samo
15. Tad Stoner
16. Taylor Buhmeyer
17. Austin Hershberger
18. Zach Versteegh
19. Jason Goslings
20. John Nelsen
21. Brett Becker
22. Matthew Farrey
23. Kyle Reinert
24. Ben Olberding
25. Matt VandenTop
26. Sam Brown
IOWA CITY CIVIL SERVICE COMMISSION
w
Lyra .Dickerson, Chair
Wi Fa M. C,e~Ok
Elizab`~tb.A. Cummings
ATTEST:
Mar K. Karr, City Clerk