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HomeMy WebLinkAbout2011-06-07 Bd Comm minutesAirport Commission April 14, 2011 Page 1 MINUTES FINAL IOWA CITY AIRPORT COMMISSION APRIL 14, 2011 — 6:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Steve Crane, Minnetta Gardinier, Howard Horan, Rick Mascari Members Absent: Jose Assouline Staff Present: Sue Dulek, Michael Tharp Others Present: Matt Wolford, Jeff Edberg, David Hughes, John Yeomans, Marshall Banks 3b(1) RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): Amend the Listing Agreement for Airport Commerce Park to include lease rates. CALL TO ORDER: Chairperson Gardinier called the meeting to order at 6:01 P.M. APPROVAL OF MEETING MINUTES: Chairperson Gardinier asked if there was approval for the March 10, 2011, meeting minutes. Mascari moved to approve the March 10, 2011, minutes as submitted; seconded by Crane. Motion carried 4 -0; Assouline absent. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION /ACTION: a. Farm Management — John Yeomans spoke to Members about the area that has been under discussion, as far as what they want to plant. He noted that the area has become inundated with weeds, and they need to decide if they want it kept mowed or if they want to plant it in something. Yeomans added that the farm operator who is renting the farmland out there currently has agreed to hay this area, remove the weeds, and also some small trees that have popped up. He then stated that if the Members agree, the operator can go ahead this year and get the area cleaned up and reseeded, at no cost to the Airport. This would also mean that the Airport would not see the $2,500 in lease income this year. Members then discussed whether or not they would like to agree to this arrangement with Jim Sladek. It was noted that if they do not agree to it, they will then need to find someone to take care of this area, whether in mowing or planting. The discussion continued, with Members agreeing to the specifics of this proposal. Mascari made the motion to approve the proposal to the contract with Sladek to mow the hay at least three times, and to keep the fence line clean; seconded by Crane. Motion carried 4 -0; Assouline absent. Airport Commission April 14, 2011 Page 2 b. Aviation Commerce Park — Jeff Edberg — Edberg spoke to the Members about one of the interested parties who had been doing building design. He stated that things were moving along until the party got to the financing part, and now things have slowed down. Edberg then spoke to the listing agreement, noting that there is no lease rate given. He added that Members will need to approve this amendment, per Dulek. Mascari asked if the party Edberg had been working with would be interested in a Lease. Edberg said that he had not talked to them about a lease, but would approach them with the lease opportunity. i. Resolution #11 -09 Amending Listing Agreement to Add Lease Rate Schedule — Mascari made the motion to Recommend Approval of Resolution #A11 -09, Amending the Listing Agreement With Skogman Realty for Aviation Commerce Park, to add a Lease Rate Schedule; seconded by Horan. Motion carried 4 -0; Assouline absent. c. FAA/IDOT Projects — AECOM — David Hughes L Runway 7/25 & 12/30 — Hughes noted that the closeout paperwork is ready. There were three different grants used on this project, and therefore, three sets of paperwork. He noted that he will need Gardinier's signature on these. He briefly ran through what all is included in these documents. Hughes then responded to questions from Members. ii. Obstruction Mitigation — Nothing to report. iii. 7 -25 Parallel Taxiway — Funding is still in question here, according to Hughes. Those who bid will know that there may be a delay. Hughes responded to Members' questions, using the map to show specific locations. Tharp noted that the special meeting for this is on Tuesday, April 26th at 6:00 P.M. d. 2011 Air Race Classic — Tharp spoke to Members, noting that he and Gardinier met earlier this week with Jet Air to discuss schedules and other items for the upcoming Air Race Classic. He then responded to questions regarding the memo covering the race specifics. The latest team count is 43, according to Tharp. Gardinier added that she is on Team 41. She added that after speaking with Enterprise, they have said they will offer a corporate rate on rentals, and will bring the cars to and from the Airport. e. Corporate Hangar "L" — Tharp stated that he met earlier this week with the design team. He added that the size is still at 60 X 60, still looking at a summer build schedule, and the hope is to be online by the end of the year. Mascari asked if they could review floor plans prior to finalizing. At the present time, all six of the hangars are spoken for, according to Tharp, with Jet Air getting two or three of them. Gardinier asked if they couldn't have the Economic Development person at City Hall do some marketing on these hangars to get the word out in the community. Members agreed, with Gardinier noting that they will revisit an Economic Development Subcommittee later in the meeting. Mascari reiterated that he really needs to see the plans before he approves anything. f. FY2012 IDOT Grant Applications — Tharp spoke to Members, noting the projects he hopes to accomplish. Some of these include: the north T- hangars - rewire to put internal outlets in to eliminate all of the extension cords; changing out the exterior lighting to LED lighting; upgrading IT security; and installing fiber cable from Building G Airport Commission April 14, 2011 Page 3 to the Terminal Building. Tharp noted that currently they're looking at a total application of $144,000. g. Airport "Operations ": Strategic Plan Implementation; Budget; Management — Tharp noted that he did email the Strategic Plan to everyone. Gardinier then spoke about looking at the subcommittees they have. She passed around a listing, asking for Members' thoughts on it. Horan asked if they could better clarify the goals and objectives of the subcommittees. Gardinier stated that looking at the strategic plan and the action items would be a good start. Members then discussed how they should schedule reviews by these subcommittees. Tharp then brought up the issue of extending hangar space to the Ford Tri- Motor, for four nights. Members discussed this, questioning if this is also a football weekend. Tharp then responded to some miscellaneous budget questions from Members. h. FBO / Iowa Flight Training / Whirlybird Reports — Matt Wolford with Jet Air spoke to Members next. He stated that they are seeing an increase in activity, especially single - engine traffic. He added that their shop work has been up, as well. The conversation then turned to the date of the Ford Tri- Motor. It was noted that it is over the Labor Day weekend. Wolford added that they are very interested in getting the Tri -Motor here. Marshall Banks from Whirlybirds then introduced himself to Members. He asked about signage for his business, and Members noted that he needs to check with the City on regulations. Tharp noted that if the Members are okay with this, he would be glad to contact the appropriate department at the City. Members agreed that some type of signage would be a good thing. Subcommittees' Reports — None. Commission Members' Reports — Mascari noted that on May 14th a Comanche group will be doing a seminar at the Airport. He also asked if the hangar inspection went okay. Tharp noted that it was delayed due to his being at a meeting that morning. Gardinier then thanked Horan for his service as the Airport Commission Chair for the past year. k. Staff Report — Tharp reminded everyone that next week is the Aviation Conference; therefore, he will be out of the office Wednesday through Friday. Gardinier stated that she hopes to attend on Wednesday. SET NEXT REGULAR MEETING: A special meeting will be held Tuesday April 26, 2011, at 6:00 P.M. at the Airport Terminal Building, and the next regular meeting will be Thursday May 12, 2011, at 6:00 P.M. at the Airport Terminal building. ADJOURN: Gardinier made the motion to adjourn the meeting at 7:40 P.M.; seconded by Mascari. Motion carried 4 -0, Assouline absent. CHAIRPERSON DATE Airport Commission April 14, 2011 Page 4 Airport Commission ATTENDANCE RECORD 2011 Key: X = Present O = Absent O/E = Absent/Excused NM = Not a Member at this time TERM N N w � -PSI cn N Q N 0 � \ AA N 0') '\'^ \ NAME EXP. ` \ 03/)1/13 X X X X X Rick Mascari 03101/14 X X X X X Howard Horan Minnetta 03/01/15 X X X X X Gardinier Jose 03/02/12 X X X X O/ Assouline E Steve 03/02/14 O/E X X X X Crane Key: X = Present O = Absent O/E = Absent/Excused NM = Not a Member at this time Airport Commission April 26, 2011 Page 1 MINUTES IOWA CITY AIRPORT COMMISSION APRIL 26, 2011 — 6:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Minnetta Gardinier, Howard Horan, Rick Mascari Members Absent: Jose Assouline, Steve Crane Staff Present: Sue Dulek, Michael Tharp Others Present: FINAL RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None CALL TO ORDER: Chairperson Gardinier called the meeting to order at 6:07 P.M. ITEMS FOR DISCUSSION /ACTION: 3b 2 a. 7 -25 Parallel Taxiway i. Consider a resolution setting a public hearing on the plans, specifications, and form of contract for the "Runway 7 -25 Parallel Taxiway Grading and Drainage" project. Mascari moved resolution #A11 -10, seconded by Horan. Motion carried 3 -0 (Crane, Assouline absent) b. FY2012 IDOT Grant Application — Tharp discussed the application with members saying that this was a follow up to what was in the packet at their regular meeting, but that he now had numbers to go with the projects. Tharp noted there were three areas the projects would cover. i. The Terminal Brick project — It has a project budget of $118,000 and we are asking the state for $100,300 ii. The Airport Electrical project — it has a project budget of $126,000 and we are asking the state for $107,100 iii. The Airport Security and IT project — it has a budget of $44,000 and we are asking the state for $37,400. Tharp noted that if the Commission approved of this he would have Gardinier sign it and send it to the state for consideration. Mascari moved to approve the application, Horan seconded. Motion carried 3 -0 (Crane, Assouline Absent) ADJOURN: Mascari made the motion to adjourn the meeting at 6:10 P.M.; seconded by Horan. Motion carried 3 -0, Crane and Assouline absent. CHAIRPERSON DATE Airport Commission April 26, 2011 Page 2 Airport Commission ATTENDANCE RECORD 2011 Key: X = Present O = Absent O/E = Absent/Excused NM = Not a Member at this time TERM 4S. O O NAME EXP. 03/31113 X X X X X X Rick Mascari 03/01 /14 X X X X X X Howard Horan Min netta 03/01/15 X X X X X X Gardinier Jose 03/02/12 X X X X O/E O/E Assouline Steve 03/02/14 O/E X X X X O/E Crane Key: X = Present O = Absent O/E = Absent/Excused NM = Not a Member at this time M3(i) PLANNING AND ZONING COMMISSION APPROVED MAY 2, 2011 — 6:00 PM — INFORMAL LOBBY CONFERENCE ROOM, CITY HALL MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Elizabeth Koppes, Michelle Payne, Wally Plahutnik, Tim Weitzel MEMBERS ABSENT: Carolyn Stewart Dyer STAFF PRESENT: Bob Miklo, Christina Kuecker, Sara Greenwood Hektoen, Doug Boothroy OTHERS PRESENT: None RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING ITEM: REZ11- 00008: Discussion of an application submitted by Ranshaw Limited Partnership for rezoning from Medium Density Family Single (RS -8) zone to Community Commercial (CC -2) zone for approximately .69 acres of property located at 1014, 1016 and 1022 Hudson Avenue. Freerks noted that the 45 -day limitation period for this application expires on May 14, 2011, but the Commission would likely not be able to vote on it until their May 19th meeting. Kuecker said that she has requested that the applicant submit a written request for an extension. Plahutnik informed the Commission that he could not be present at the formal meeting. Eastham noted that he had a conflict with this application and would not be considering it or the related Comprehensive Plan item. Kuecker explained that the rezoning request is to rezone the southern portion of Hudson Avenue from residential to commercial. She noted that the Comprehensive Plan does show the Planning and Zoning Commission May 2, 2011 - Informal Page 2 of 7 area as residential, and so a rezoning would also require a Comprehensive Plan amendment. Kuecker noted that the subject properties have an extensive history of rezoning requests from residential to commercial dating back to 1981. Kuecker noted that there has been neighborhood opposition expressed at each rezoning request. Kuecker noted that because a Comprehensive Plan amendment would be required for this rezoning, staff advises the Commission to defer on this application at the May 51h meeting and set a public hearing for a Comprehensive Plan amendment. Kuecker said that both items could then be voted on at the May 19th meeting. Kuecker said that Staff believes the rezoning is appropriate in that it will allow for the same zoning on both sides of the street, with commercial on both the west and east side of Hudson Avenue. She said that it also creates a clean line between the commercial and residential zones. Kuecker said that there should not, however, be vehicular access from these lots onto Hudson Avenue from additional curb -cuts. Staff also advises screening between the commercial and residential. Kuecker said that the applicant has submitted multiple concept plans and designs. She said that the City already is planning to install sidewalks in the area as well. Staff believes that the zoning is generally compatible with the neighborhood and the principles of the Comprehensive Plan, and recommends approval of the application subject to the Comprehensive Plan amendment, conditions that would screen the residential uses from the commercial uses to the north, and would limit vehicular access onto Hudson Avenue. Payne asked about a couple of large trees that are near the street and whether or not they could be saved and Kuecker said she would check into it. Plahutnik noted that staff had determined the rezoning to be compatible with the existing commercial zone, and he said that he agreed with that, though he was not sure that was a good thing. He said that in most cases staff would hold the development to a slightly higher aesthetic standard than he was seeing here. He said that he does not see consistency between this plan and what the Miller- Orchard Neighborhood was told was the goal for their neighborhood. Miklo said that if aesthetics are a concern, staff could look into design features of the wall. Plahutnik said that he just did not see this project as improving the residential neighborhood. He said that he does not think that allowing the back -end of another strip mall is consistent with looking out for the Miller Orchard Neighborhood. Freerks said that in many ways she agreed with the direction that Plahutnik was going, but her experience with the residents of the neighborhood that live nearest the commercial area is that they like the quiet and privacy that the abutting commercial brings to their backyards. Weitzel said he would like to see something go into the area that was bicycle and pedestrian friendly. Plahutnik said that he was simply trying to make his thoughts known since he would not be able to be at the formal meeting. Miklo advised Commissioners to express any known concerns so that they can be reviewed and addressed with the applicant. Payne said that she believed the biggest challenge would be to have the wall facing Hudson blend into the neighborhood. COMPREHENSIVE PLAN ITEM: CPA11- 00002: Set a public hearing for May 19 to amend the Comprehensive Plan to change the land use designation from Single - Family /Duplex Residential to General Commercial for property located at the northeast corner of the intersection of Highway 1 West and Hudson Avenue. There was no discussion on this item. Planning and Zoning Commission May 2, 2011 - Informal Page 3 of 7 CODE AMENDMENT ITEM: Discussion of amendments to Title 14, Zoning Code, Chapter 4, Use Regulations, Article D, Temporary Uses to add the new temporary use "football game day commercial vending" to provide specific approval criteria for football game day commercial vending and Chapter 9A, Definitions to define tailgating. Doug Boothroy, Director of Housing Inspection Services, spoke on this issue. Boothroy said that there were a number of events that occurred last fall that precipitated HIS and City Council focus on this issue. Boothroy said that concerns were raised about safety, alcohol sales, and escalating property values due to the commercial ventures going on in that area. Boothroy said that a great deal of money was being generated by these commercial operations both for the vendors and the property owners who lease space to them. Under current zoning code, these activities are illegal. Boothroy said that a lot of attention was received when he made the recommendation to City Council that they enforce current zoning code and shut down the commercial activities that were taking place in this RS -5 zone. He said that City Council was not interested in prohibiting the activities and instead wished to explore the establishment of temporary use permit specific to game day activities in that neighborhood. City Council wanted to see vending limited to the Melrose Street frontage, and also did not want the sale of alcohol to be allowed. Boothroy said that it would be important, in the future, to look at adding provisions to the zoning code that would prohibit property owners from paving their entire property in order to accommodate game -day parking. Payne said that during her time on the Board of Adjustment property owners often came before them to request permission to pave larger portions of their yard than was allowed by code,. Boothroy explained that there was a restriction against paving more than 50% of a front -yard, but no such restriction currently applied to backyards. Boothroy briefly outlined the provisions of the code and the approval criteria for the temporary use permits. Boothroy said that from an enforcement perspective, HIS thought it was important to require the display of the permits, and the site plan. Boothroy said that most temporary use permits only involve one set up and one tear -down, whereas these will require seven. He said that the police department will also be able to enforce permit violations if the permits are required to be displayed. Payne asked if it would be issued on a per -game or full season basis and Boothroy said that it would be issued for an entire season. Freerks noted that there could still be multiple vendors on a given lot. Eastham asked if vendors could apply for a permit mid - season. Boothroy said that he did not see a problem with that. Plahutnik said that he has not found any reference to the idea of vending a!ong Melrose Avenue in the Comprehensive Plan. Boothroy said that the zoning code allows for the issuance of a permit for a use not allowed in the zone so long as the use is clearly temporary and no permanent improvements are made. Boothroy said that the issuance of temporary use permits in an RS -5 zone is something that should be addressed at the Council level. Plahutnik said that he believes that he and Boothroy agree that this action changes the very nature of the neighborhood. Plahutnik said that it has changed the property values. Eastham said that he would like guidance from staff if the Comprehensive Plan actually addresses this issue. Miklo said he did not think it gets into it one way or the other. Eastham said that the debate is less whether or not it changes the character of the area than whether or not the use is temporary; Boothroy said that was correct. Boothroy said that City Council did want the activity to continue, Planning and Zoning Commission May 2, 2011 - Informal Page 4 of 7 but wanted some specific parameters on the activity. Greenwood Hektoen said that very permanent changes were being made to properties in order to accommodate this commercial activity and this is what prompted HIS to look at the issue more closely. Koppes said that this area is being restricted in a way that other areas of the city are not because other temporary use permits can be used anywhere in the city. Boothroy said that he had made the determination that these uses were not compatible with the general temporary use permit approval criteria. Koppes noted that a number of these residential properties are owned by the University, which is not required to abide by city zoning code. Boothroy said he has spoken with the University and they have agreed to voluntarily comply with these recommendations. Koppes said that it would be unfortunate if these regulations went through and then the University did not comply with them. Boothroy stated that each new user will get the permit directly from the City; there will be no reassigning of permits by vendors. Eastham asked if it was the vendor that receives the permit rather than the property owner. Boothroy said that was correct, but noted that the property owner will need to sign the permit application to show that they have agreed to allow their property to be used. Plahutnik asked if the property owner had any part in ensuring the vendors comply with regulations. Boothroy said that compliance is addressed by the possible loss of permit. Boothroy said that the permit application form will have to be revised, and the fee re- evaluated to make sure it covers the cost of enforcement. Boothroy said that there will be a pre- season meeting with property owners and vendors, and likely some sort of orientation process. Payne asked if the permit fee for this particular event will be different than the other permits and Boothroy said that they would be. He said that with all of the set -ups and take - downs, and with enforcement always taking place on Saturday, there will be much greater cost in enforcing these permits. Boothroy said that after the first year, it is possible that enforcement costs will go down. He said that it seemed as though a great deal of the vendors were consistent from year to year, having been vending there for ten or fifteen years. Koppes asked how long he expected the permit - process to take. Boothroy said that there are only about 25 vendors so he did not think it would take very long; processing will not take the bulk of the time involved, that will be consumed by inspections. The allowable location for vendors will be from 629 Melrose Avenue to 821. Eastham asked if there was any practical reason not to limit the permits to 711 to 821 Melrose Avenue. Eastham asked if the boundaries for the vendors were two -feet from the sidewalk to the house frontage, and Boothroy said that depending on what the fire department says there may need to be a few feet buffer from the house. Freerks said that these provisions would not allow The Magic Bus under temporary use or tailgating. She said she sees a distinction between a non- profit/charitable organization such as The Magic Bus and other for - profit ventures involving alcohol like the Stadium Club. She said she feels a little uncomfortable doing that without actually talking about it out loud. Boothroy said that the way the code is written The Magic Bus can relocate to a commercial zone or it can stop offering alcohol if it wants to stay in operation. Greenwood Hektoen noted that the use is still commercial, whether it is a for - profit or non - profit venture. Boothroy said that it was difficult tc distinguish between a non - profit and a for - profit when it comes to the zoning code; both The Magic Bus and The Stadium Club offer alcohol in exchange for money. Eastham asked if the term "vendor" included both non - profit and for - profit ventures. Greenwood Hektoen said that the Planning and Zoning Commission May 2, 2011 - Informal Page 5 of 7 term applies to both. Freerks asked if there is any place in the community where this activity could take place. Boothroy said that the activity can take place in commercial zones. Freerks said that she would like that to be a part of the conversation at the formal meeting since that was such a big part of this conversation last year. Boothroy said that the set -up and tear -down times reflect current policy. Eastham asked if a property owner could demolish a home for the purposes of providing more space for vendor permits. Boothroy said that his interpretation of the code is that the vendors are allowed only on the frontage, so he does not believe removing a house would provide for any more permits. Boothroy said that the vendors cannot be tiered; there has to be a frontage on Melrose Ave. Boothroy said that the approval criteria are meant to assist the Building Official in making the call but in many cases if will come down to interpretation of the code. Payne noted that up to this point there has been no regulation of this activity and no one has chosen to tear down a house to provide room for vendors. Freerks noted that if there are things that happen that are not in keeping with the spirit of the code, the code can always be amended or changed. Eastham said there is a great disconnect between current code and current practice and he would like to not be looking at this again three years from now. Boothroy said that the uses will always have to be compatible with the neighborhood and these changes are intended to provide guidance. Plahutnik asked where the prohibition against alcohol is in these regulations. Boothroy noted that the police department would be the agency that enforced alcohol laws. Boothroy said that the requirement for trash containers is new with these codes. He also noted that any substances such as cooking oil must be properly disposed of. Freerks and Koppes advised a wording change for the section governing trash containers. Eastham said that his concern was in regard to litter control. He asked if the current wording was going to realistically address the amount of litter that actually accumulates on a game -day in the vending area. Boothroy said that he believes that it addresses it in that area while still remaining fair to the vendors. Boothroy said that the trash in the general neighborhood will not be addressed by this code. Eastham asked if the trash in the neighborhood is generated in large part from vendor stalls. Boothroy said that he would not say that it is in large part generated by the vendors, though some of that trash makes it into the neighborhood. Boothroy said that he would speculate that the largest part of the trash comes from the tailgaters. Freerks pointed out that you would also likely find a great deal of tail - gaters garbage in the vendors garbage cans; it works both ways. Boothroy said he has been in contact with the University about the Athletic Department putting out more port-o- potties and trash cans, though he does not yet know if that will actually happen. Eastham asked if City funds are currently being used for litter removal on game days. Boothroy said that he believes a street - sweeper comes through on Sunday mornings in the downtown area and Melrose Avenue. Boothroy said the street - sweeper has the discretion to decide if they should go down Melrose Court. Boothroy said that neighborhood trash pickup day is Monday morning, so no additional trash pick -ups occur. There was a general conversation about the great need for more restroom and trash facilities on game -days. Boothroy pointed out that electrically lit signs are not allowed, and all signs must be approved by the City. Boothroy said that the issue with the signs are that they must be properly affixed and are not electrically lit. Boothroy said that the primary issue with the tents will be making sure that they are approved by the Fire Marshall. He said that when tents are 400 square feet or larger they must be flame Planning and Zoning Commission May 2, 2011 - Informal Page 6 of 7 retardant and have proper exits. Koppes recommended adding language that distinguished the call the vendor was required to make to the City regarding gas /power line location and the one they would need to make to the gas company. Boothroy said that enforcement will be helped by revoking a property owner's right to permit when a vendor's right to permit is revoked. Koppes asked if it would be wise to change language so that it was clear that violations on the last game day could be held over for enforcement the following season. Eastham asked if there would not be pressure from property owners to seek out discretionary decisions from the City. Eastham said that he thought the less discretionary wiggle room the better. Boothroy said he did not see discretion as an issue. Greenwood Hektoen noted that no one that is vending in that area presently actually has the right to be doing so. It is not a permitted use, and these regulations will make it a permitted use. Boothroy said that he does grant permits based in part on past performance. He said that he thinks City Council is trying to allow this kind of activity on game -days. He said that he does not believe they want to adopt these regulations and then have him deny all the permit applications that come to him. Boothroy said that a temporary use permit is not a right but a privilege that is only granted if you are in full compliance with the zoning code. Plahutnik asked what the intermediary steps for enforcement are. Boothroy said that HIS will be there before the game starts. Boothroy said that at that point vendors will already be it compliance with 90% of the requirements. He said that the ways in which vendors choose to respond to warnings or corrections could have an impact on their consequence. He said that 25 vendors is not a huge number to deal with. He said that the vendors from out of town may struggle at first, but he believes that it will be clear in very little time. Boothroy said that business people understand the need for requirements. Eastham asked how often inspectors would be looking at trash can capacity. Boothroy said that hopefully there will only be one inspector per game. He said that for the first couple of games it may be necessary for the inspector to stay around for the duration of the game. Boothroy said that enforcement tends to get easier as time goes on and people become rained in what is expected. Boothroy said that he hoped to have the changes that had been discussed drawn up by Thursday's meeting. Boothroy said he would like to give the zoning amendment to City Council by June. CONSIDERATION OF MEETING MINUTES: April 21, 2011: Not discussed. OTHER: Report from American Planning Association Conference deferred until next meeting. ADJOURNMENT: Koppes motioned to adjourn. Payne seconded. 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CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING ITEM: REZ11- 00008: Discussion of an application submitted by Ranshaw Limited Partnership for rezoning from Medium Density Family Single (RS -8) zone to Community Commercial (CC -2) zone for approximately .69 acres of property located at 1014, 1016 and 1022 Hudson Avenue. Kuecker noted that the applicant had e- mailed staff requesting a 10 -day extension of the 45 -day limitation period which expires May 14, 2011. Eastham said that he has a conflict with this item as he is a board member of a corporation that is a limited partner with another corporation that owns two properties within the 200 -foot objection limit for this application. Eastham said that he will not be taking part in the considerations of this rezoning or the related Comprehensive Plan item. Planning and Zoning Commission May 5, 2011 - Formal Page 2 of 14 Kuecker explained that this rezoning is from RS -8 to CC -2 for the property at the corner of Hudson Avenue and Highway 1. There is an RS -8 neighborhood to the north of the subject property; to the south and the east is a CC -2 area, and to the west is a CC -1. Kuecker explained that the property has a history that includes several requests to rezone the two northern parcels, 1014 and 1016, from residential to commercial that have either been denied or withdrawn amid neighborhood opposition. Kuecker said that staff sees the residential uses of the subject property as isolated from existing uses to the north, and can see the iogic of drawing a hard line for commercial uses to make the subject property more compatible with the existing neighborhood. She noted that there is the potential for increased traffic in the residential portions of the neighborhood as a result of a rezoning to commercial, so staff is recommending that there be no new curb cuts on Hudson Avenue. Kuecker said that the applicant has submitted three different site plans for the property. Kuecker said that the City is in the process of designing and installing an eight or ten foot sidewalk along Highway 1, which would result in a corollary project to install sidewalks along Orchard, Hudson and Miller. Kuecker said that there had been discussions at the informal meeting about the possibility of placing restrictions on this property if it were rezoned to commercial, so that the resulting building would be compatible with the nearby residential uses. Kuecker noted that she had distributed a memo detailing some possibilities for this which include: a vegetative screen along the north property line, a decorative wall along the north elevation, a pedestrian scale along the Hudson Street elevation with windows, awnings, bike and pedestrian access, with views into the commercial space from shop -front windows, and the use of traditional building materials such as wood and brick rather than concrete blocks. Staff would like direction from the Commission as to what if any conditions would be appropriate for the site, so that staff can work with the applicant to include those in their site design. In general, staff believes that the rezoning is compatible with the neighborhood and meets the intent and general principals of the Comprehensive Plan. Staff recommends approval subject to the Comprehensive Plan amendment, the inclusion of conditions that limit vehicular access to Hudson Avenue, a vegetative screen separating the commercial and residential uses, and any additional neighborhood compatibility requirements the Commission deems necessary. Freerks opened the public hearing. She noted that there would not be a vote on this application at this meeting as the Comprehensive Plan amendment would first have to be adopted and it must first have a public hearing set. Freerks invited the applicant to speak. Kurt Ranshaw, 724 Spencer Drive, said that he is part owner of Ranshaw Limited Partnership, and the son of Ken Ranshaw, who started a business called Ken's in 1962, which was expanded into Paul's Discount Store in 1979. Ranshaw said that back in 1981 the family purchased the three subject properties with the hope of expanding their commercial business onto these lots. Ranshaw said that he is merely trying to follow through on his father's dream for his business. Weitzel asked what Ranshaw's thoughts were about some of the conditions that Kuecker had outlined. Ranshaw said that it was not a problem in his mind if an additional curb -cut is not allowed, though he would prefer to have one if it were allowed. Planning and Zoning Commission May 5, 2011 - Formal Page 3 of 14 Mary Knudson, 725 West Benton Street, noted that the house that had been on the lot has already been demolished. She said she objects to the rezoning because the Southwest District Plan and the Comprehensive Plan denote the area as residential. She said that she and her neighbors have been before the Commission many times before to try to increase the quality of that neighborhood. She said that the neighborhood is under constant threat from commercial interests that wish to buy up the cheap property and rezone from residential to commercial. Knudson said that one of her concerns is that the zoning change could represent a slippery slope for Hudson, and commercial zoning could move right on down the street. Knudson said she also has a very large concern about traffic in the neighborhood. She said the neighborhood had just taken part in a traffic — calming study and found Hudson to be a very problematic street because it is used as a cut - through from Benton Street to Highway 1. Knudson noted that the street presents visibility, speed and parking issues already, and with additional traffic from commercial uses will only get worse. Knudson noted that at previous meetings one of the commissioners had asked if the Miller - Orchard Neighborhood had really done anything to ensure its continued viability over the last two years. Knudson said that she felt like Miller- Orchard had done quite a lot. They have written and presented the City Council with a Neighborhood Plan, and have acquired two new areas of green space which include a community garden and a berry garden. There are three new planting areas along Benton Street for beautification and traffic calming purposes, and they have held three major clean -up days. The UniverCity housing rehabilitation program has purchased five houses in the Douglass Court area, which the neighborhood is very excited about. Knudson said that the neighborhood is also working on a vision to beautify the Riverside Drive entrance to the Miller- Orchard Neighborhood. Knudson said that there has been a lot of work done to stabilize the residential aspects of the neighborhood over the past few years and she is afraid that these changes would jeopardize those improvements. Ryan O'Leary, 2346 Mormon Trek Boulevard, said that he is the real estate agent for the applicant and the project manager for this redevelopment. He said that he spent two years on the Johnson County Land Use Plan and has grown up in this area. O'Leary said that Knudson had made some very important points. He said that traffic has always been a concern in this neighborhood. He said that he was glad to hear of potential plans to make both streets end in dead ends or cul de sacs. He said that he is very interested in the idea of making Hudson and Miller a pair of one -way streets, something he thinks would really help with traffic problems. O'Leary said that there are a lot of impatient people who exploit these streets as a cut - through. Nevertheless, O'Leary said, this property stands to help improve the neighborhood by framing it. O'Leary explained some of the history behind the property's rezoning efforts. O'Leary said that he loves this neighborhood and has actually participated in one of the neighborhood clean -up days for it. He said that he looks forward to sidewalk improvements in the neighborhood. He asked that this property not be penalized for the overzealous nature of previous applicants. He said that the plan is for build -to -suit units and he believes that users will want the sort of amenities that staff is considering in the zoning requirements. Lindsay Park, 401 Douglass Street, said that he disagreed with Kuecker's assessment of the residential portion of the neighborhood as isolated. He said that as far as he could see it is an Planning and Zoning Commission May 5, 2011 -Formal Page 4 of 14 extension of residential property. He said that he is very pleased that in the zoning discussions great care is being taken to address the aesthetics of the property. He said that he is also looking forward to the bike path coming through. Park said that because the property would be part of the Paul's complex, this would be a good time to look at lighting issues that result from the Paul's property. Park said that the very tall light poles are not directed properly and illuminate backyards all winter and spring. He said he would be very pleased if some positive development took place on the property. Freerks noted that there are lighting standards in place and staff is very good about reviewing those issues as property's redevelop. Anne Bendixen, 902 Hudson, said that her family has lived at the property for the past fourteen years and she opposes the change in zoning. Bendixen said that the residential area is not in any way isolated from the rest of the neighborhood. She said that the traffic has worsened in the time that she has lived in the area, which is exacerbated by the lack of sidewalks and the parking issues. Bendixen said that the street is very dangerous for children walking to school right now. Bendixen said that the neighborhood itself is very delicate, and the neighbors have worked very hard to build and maintain the neighborhood. She said that the zoning change does not positively improve the neighborhood at all. She said she would like to see families continue to live on those properties, and she was very sad to see the structures on the property razed. Luke Stewart, address not given, said that he has a different perspective as he does not live on Hudson but plows it for the City of Iowa City. Stewart said he is very much against putting a curb cut on Hudson, as it is a very narrow street that a lot of people speed on and use as a cut - through. He said he is neither for nor against the rezoning, but that he wanted to express his opposition to the location of a driveway onto Hudson. The public hearing was closed and Freerks invited a motion. Payne motioned to defer REZ11 -00008 until the May 19th meeting. Koppes seconded. Freerks invited discussion. Weitzel said that he would like to discuss the possibility of some mixed -use transitional zoning separating the commercial and residential areas of the neighborhood. He said that encouraging bike and pedestrian uses and keeping aesthetics in mind are important points of emphases in the Southwest District Plan. He encouraged staff to discuss the issues of drainage and water retention along Highway 1 with Public Works. He said that allusions had been made at the informal meeting as to whether or not there were historic properties in that area that are in need of protection. At some point, he said, that study may need to be done. Koppes said that she would like to know more information about the historical decision to change the Comprehensive Plan for this area. She said she would like specific information about those decisions. Freerks said that would be helpful particularly when the Commission is looking at the Comprehensive Plan item. Miklo said that if there are conditions that the Commission would like to see above and beyond Planning and Zoning Commission May 5, 2011 -Formal Page 5 of 14 those already discussed in Kuecker's memo and staff recommendation then those should be put on the table for discussion and consideration. Freerks noted that Kuecker's memo includes reference to a vegetative screen being planted along the north property -line between the commercial and residential; the north elevation wall being a more decorative wall than the existing wall; the Hudson Avenue elevation not being a blank wall; the Hudson Avenue elevation having a more pedestrian - scaled building fagade with features such as windows, awnings, and a bike /pedestrian access; views into the commercial space being made available by such things as shop -front windows; and the use of more traditional building materials, such as brick or wood, in the storefront design. Weitzel said he would also like to see the mixed -use design model considered. Payne noted that the existing building is a single -story building and the mixed -use design calls for at least two- stories. Weitzel said that there were a number of ways to achieve mixed -use design. Freerks said it would be good to look into the lighting at Paul's. Miklo said that only new lighting would be subject to the current code requirements at this point, depending on whether there were non - conformance issues involved. A vote was taken and the motion to defer passed on a 4 -0 vote (Eastham abstaining; Dyer and Plahutnik excused). COMPREHENSIVE PLAN ITEM: CPA11- 00002: Set a public hearing for May 19 to amend the Comprehensive Plan to change the land use designation from Single- Family /Duplex Residential to General Commercial for property located at the northeast corner of the intersection of Highway 1 West and Hudson Avenue. Weitzel motioned to approve a public hearing date of May 19th for CPA11- 00002. Payne seconded. A vote was taken and the motion carried 4-0 (Eastham abstaining; Dyer and Plahutnik excused). There was a five minute recess taken to allow for public to exit and enter the meeting room. CODE AMENDMENT ITEM: Discussion of amendments to Title 14, Zoning Code, Chapter 4, Use Regulations, Article D, Temporary Uses to add the new temporary use "football game day commercial vending" to provide specific approval criteria for football game day commercial vending and Chapter 9A, Definitions to define tailgating. Doug Boothroy, Director of Housing Inspection Services, spoke on this issue, explaining that this would be an amendment to the temporary use regulations to allow for temporary use permits for commercial game day activity to be located in the Melrose Avenue area. Boothroy shared a map of the commercial vendors HIS had found to be in place during the 2010 football Planning and Zoning Commission May 5, 2011 - Formal Page 6 of 14 season. Boothroy said that the entire area in which the vending takes place is zoned RS -5, the most restrictive residential zoning that the City has. He said that while the commercial activity is a long- standing tradition, it is not a permitted use under current zoning. Boothroy said that discussions centered on whether existing limitations would be enforced on the commercial vending or if the commercial vending would instead be brought into conformance through temporary use permits. The City Council directed that the commercial activities are only to be allowed along Melrose Avenue and should not penetrate any further into the neighborhood. The Council does not want to allow the sale or provision of alcohol along Melrose Avenue. The new temporary use permit guidelines indicate that game -day activity is only allowed between Melrose Circle and the railroad right -of -way. Boothroy said this was pretty much in line with where the vending has been taking place over recent years. Boothroy said that Council had decided not to let tailgating activities be regulated under the temporary use permit, as that is a social activity, not a commercial activity. Boothroy said that there are sixteen approval guidelines intended to provide guidance to the Building Official when issuing temporary use permits. He said that temporary use permits have been used in Iowa City quite effectively for a number of years. Boothroy said that the idea behind a temporary use is that there is no right to it and no permanent site improvements are being established; at the end of the day, when the activity is over, the temporary use disappears. As a part of the permitting process, HIS wants the permits and site plans to be clearly displayed by vendors. He said this will help both HIS inspectors and the police to determine if proper procedure is being followed. Vendors cannot reassign their permits; permits are assigned only by the City. The permissible location for vendors seeking permits is from Melrose Circle to the Iowa Interstate Railroad right -of -way and is limited to the street frontage. HIS's current policy will be enforced in terms of set -up and take -down times. Vendors are responsible for clean -up and must provide trash receptacles and maintain the area litter -free. The right -of -way and sidewalks cannot be blocked and guide -wires and stakes must be at least two feet from the walkway. The City must approve all signage and no electrically lit signs will be permitted. Sales tax permits must be provided by vendors required to have them. The vendors will be required to provide indemnification agreements for uses in the public right -of -way. Fire extinguishers must be on- site. Food vendors are required to have appropriate health permits. Cooking tents and LP containers must be properly secured and must be approved by the fire department. The `ire code requires that all tents in excess of 400 square feet must be approved by the fire marshal or the Building Official. No alcohol can be sold, dispensed or otherwise made available in conjunction with the commercial activity. The vendors must give the City at least 24 -hours notice to inspect and make sure utility locations have been properly done. If there is a serious violation of these provisions, the permit holder could lose their permit for a minimum of seven games. Boothroy explained that there will be an application fee for the permit, and he will recommend that it covers the cost of enforcement. He said he has not yet figured out what that amount is, and the City Council will ultimately decide the fee amount. Boothroy said this will be a different way of doing business over there and it is important to get everyone off on the right foot. He said that the City intends to contact every property owner and vendor that they have knowledge of and having a meeting in which the requirements are explained. Freerks said that in many ways these regulations do not address the issue that brought this matter up in the first place. She noted that the regulations came about as a result of The Magic Planning and Zoning Commission May 5, 2011 - Formal Page 7 of 14 Bus and its application for a temporary use permit. She said that its mission as a fundraising tool for a non - profit is different than the strictly commercial ventures being regulated by this code. She said that it seems as though ventures such as The Magic Bus are being disallowed by these regulations, and she wondered if there was any way to make something like that possible. Boothroy said that under the regulations he had outlined neither The Stadium Club nor The Magic Bus would be allowed to operate because they both have alcohol involved. Boothroy said that it is difficult to draw a distinction between such ventures: a non - profit and a for - profit, in terms of an activity. Boothroy said that he just did not think that the City Council would want to open up the commercial dispensing of alcohol on Melrose Avenue. Freerks said that was not really what she was talking about. Boothroy said that she was talking about grandfathering of some kind. Freerks said that it would be a grandfathering of something that has been going on for 25 years and is pretty responsible and serves a very good cause. She said that she understood there were issues involved in terms of litter and trash receptacles and portable toilets, but she felt that this specific activity was being left off the list without enough discussion about it. She said she would like to hear public comment on the matter, and would like to see if there was something that could be done to accommodate it. Boothroy said that he had been in communication with the University about additional portable toilets. Greenwood Hektoen noted that throughout the zoning code there is no distinction between for - profit commercial and non - profit commercial; and that is consistent with this regulation. Payne asked if it was correct that The Magic Bus could locate in a commercial area, just not in the RS -5 zone being discussed. Boothroy said that was correct, but that the only nearby commercial zoning was in University Heights or in Tom Riley's Law Office parking lot. Eastham pointed out that there is extensive public property north of Melrose Avenue that could conceivably accommodate a commercial use. Freerks asked if there were extensive problems with the temporary use permits that had been granted to The Magic Bus in the past. Boothroy said that to his knowledge that had gone very well; there were a couple of concerns brought by the public, but nothing serious. Freerks said that is why she brought this up. She said she knows we need solutions, but they should be to the right problems. Payne noted that the site plan Boothroy had discussed was not outlined in the approval criteria. Boothroy said that he did not specify every aspect that would be reviewed in the approval criteria. He said he did not necessarily repeat approval criteria that are contained within the code for general temporary use permits. Weitzel asked for Boothroy's comments regarding correspondence requesting that the area where vending would be permitted be extended. Boothroy said that their survey indicated there was just one user, and he thinks the request is not unreasonable. Eastham asked why the criteria do not include provisions for additional portable toilets when many of the vendors are selling both food and beverages. Boothroy said that he is convinced that the bulk of the problem is from the tailgating activities. He said there are so many beverages dispensed south of where the vendors are that it would not do as much good as if the University would simply provide a large number of them in one area. Eastham asked if commercial restaurants are required to have restroom facilities, and Boothroy said that they are. Eastham asked if HIS had issued any temporary use permits that allow commercial activity in residential zones in any other instances. Boothroy said that it is unusual, but the largest exception he could think of would be the Regina Fall Fun Festival. Eastham asked if Boothroy Planning and Zoning Commission May 5, 2011 - Formal Page 8 of 14 had an opinion on what the effect of commercial vending south of Melrose has been on the Melrose neighborhood over the last ten years. Boothroy said that there's been a feeling among some of the property owners that they have a right to have commercial activity there because it has gone on unregulated for so long. Boothroy said that he thought the culmination of that is that some properties are being purchased more for their commercial value than their residential value. Boothroy said that the City needs to get control of the circumstances and make sure that it is understood that it is a temporary privilege to do these vending activities on game -day. Freerks asked if he had any idea about permit costs. Boothroy said that it will be more than $75 because this is quite unique in that there are seven set -ups rather than just one as is usually the case for temporary uses. Staffing is more expensive for inspections because they will be done on Saturdays and that involves time and a half pay and it will take a great deal of time. He said that City Council has made it clear that they will look at the fee and decide if it is reasonable or whether or not there is a way to graduate it based on the size of the vendor or business. Boothroy clarified that it would be a fee for the season, not per game. Freerks opened the public hearing. Luke Stewart, address not given, said that he works for the vendor "Big Ass Turkey Legs" on game days. He said that this vendor is such a big tradition that they made into the "Sports Illustrated Top 25 Things to Do Before You Graduate" list. Stewart said that many of these things are common sense and are already done such as carrying fire extinguishers and carrying insurance and health permits. Stewart said that inspecting a 12x12 area is not a time - consuming process. He said that most of the vendors that sell food do not sell alcohol. Stewart said that there is exactly one problem up there, and it sounds as though the City has taken care of that problem, so he is wondering why the rest of the vendors now have to pay for that problem. Stewart said the alcohol problem is not caused by the vendors who sell food and t- shirts, but they are the ones being made to pay for those problems. Stewart said that this is a college town with college kids who want a place to party and they are going to tailgate. He said that the trash is not the fault of the vendors. He said he does not see a problem with what they are doing up there. Koppes said that it sounds like Stewart is in full compliance with all of the regulations being proposed, so she wondered why he was against them. He said that there is always some guy out to make rules and regulations to cause problems or put another guy out of business and he just wants to know why that is always the case in this town. He said it seems like one problem occurs in this town and the solution causes ten other problems for ten other people. He said the whole problem started as an alcohol problem with one specific site. Deal with that problem and leave the rest of us alone, Stewart said. Stewart asked if the Farmers' Market takes place in a commercial area and Freerks said that it does. Boothroy noted that these regulations are to legalize the uses being discussed and in that regard actually work to the benefit of the vendors. Sandy Stewart, address not given, said that she has been around longer than Luke Stewart and what really upsets her is that she is a mom who does not condone drinking, and she has actually taken kids off the street, taken them home, and given them a turkey leg to sober up. She said they clean up their whole area and the next minute they turn around and it is completely trashed again. She noted that the adults are just as bad about drinking and littering up there as the college kids are so the college kids shouldn't get all of the blame. Stewart said she is not opposed to some of these requirements, she is just opposed to those who were following the rules in the first place being punished because of those who did not. She said she gets her health permits and follows all of the rules and she feels the City is just trying to get a Planning and Zoning Commission May 5, 2011 - Formal Page 9 of 14 piece of the pie. The City should handle the people who are causing the trouble, not the ones who are trying to follow the rules. Stewart said that the area where vendors are located has been shrunk down year after year, and used to actually extend about a block and a half beyond Melrose Circle. Yolanda Frudden, no address given, said that she has been on Melrose for 17 years. She said that she did not believe they should be blamed for the garbage on Melrose because they are adults and are responsible for their own sites. She said that they have a good relationship with the people that they rent from. She said that it is her understanding that the money they pay in rent is being used to fund a scholarship for University students. She said that they are very good about regulating and doing everything in accordance with the health inspectors. She said that everything they do is cooked right there and they put in 45 hours before the game even begins. She said that she also cares for students and even referees fights. She asked that they be appreciated for the work they do. She said they are not the enemy of the City. Koppes asked if there were specific regulations that she was against or is it the whole concept of regulation to which she objects. Frudden said that she has participated in the Art and Jazz Fests and does not have to follow most of the regulations being discussed. Boothroy said that the process will be very similar to that done for the Jazz Fest and Art Fest. Frudden said that most of the food vendors on Melrose have tents that are 10x10. Payne asked if these same regulations are used for those festivals and Boothroy replied that because the property is City property for those festivals there are no temporary use permits issued. Boothroy reiterated that without these regulations these uses are not permitted. Enforcing the existing code would mean that there would be no vendors on Melrose. Boothroy said that Melrose is the only area that did not follow the rules for temporary use permits, so it is actually them who were getting an exception over the years and others who were being treated unfairly. Tom Paulsen, 807 Melrose Avenue, said that he runs a small food stand with his spouse on the University property in which they live. He said they have lived there since 1997 and have been vending since 1998. Paulsen said that what he heard from the Council is that they are interested in allowing similar temporary uses in other residential areas of town. Paulsen said he would approve of that because it adds vitality to a neighborhood. Paulsen said that in the last ten years the number of vendors has grown, but the effect on the overall neighborhood is very small. He said that he has seen an increase in property values, but does not see a problem with that. Paulsen said that he applauds HIS for working with vendors to seek resolution to this problem. He said that he does not have a problem with most of the requirements, though he does not like the idea of the City approving new signs. Paulsen said he needs some clarification on the cooking tents and the requirements for those. Boothroy explained that the signage issue is primarily concerned with the idea of it being properly secured to the property and that it is not electrically lit. Freerks asked if the signage requirements were the same for Arts Fest and Jazz Fest. Boothroy said the Fire Official will make the determination about the cooking tents at the time the application is made. The code allows cooking tents, but there are safety requirements that need to be looked at on a case by case basis. Crystal Cavanaugh, no address given, vendor with Coco Cavanna, said that she sells bling t- shirts and accessories. She said that when the issue first came up she was very upset and thought everything was being blamed on vendors. She said she has since evolved in her thinking to accept the idea of regulation because she believes it will build better relationships with some of the neighborhood. She said that most of the regulations are ones she can support. Cavanaugh said that portable toilets should be a University responsibility, not a vendor issue. She also believes that more trash cans are necessary. She said that she has no trash cans at Planning and Zoning Commission May 5, 2011 - Formal Page 10 of 14 present because her t -shirt sales generate no debris, but she is willing to put one out in order to be a better neighbor. Cavanaugh said that the fee for a permit should be reasonable as there are a lot of costs involved in vending and providing the "Hawkeye Experience" for attendees. She said that once the routine of inspections is established it will not be as time - consuming for vendors or inspectors. Ron Christensen, 122 N. Westminster, said that he has lived in Iowa City all his life and owns Game Day Iowa. His company has vended on Melrose since 1990. He said that his company travels to all of the away games and bowl games and Iowa City is the only place where there is not a permitting process. Christensen said that he applauds the permit process and thinks vendors will find that having a permit is actually a form of protection. Christensen said that the Melrose vendors are very conscientious and do a good job. He said the permit process will protect vendors from people who are not licensed and come in and screw things up for everybody else. Christensen said that the two primary problems are that there are not enough restroom facilities and there are not enough trash facilities; both of which should be the responsibility of the University and the City. He said that everywhere else they travel the necessary facilities are provided, and that is what needs to be addressed. Weitzel asked if the universities provided the toilets in the other towns he traveled to and Christensen said that they do, and there are simply not adequate facilities to handle the problems on Melrose. Jean Walker, 335 Lucan Drive, identified herself as the Melrose Neighborhood representative. Walker said that the neighborhood is not against having vendors at a football game. Rather, the fact of the matter is that their location is currently an illegal one, commercial activity in an RS -5 zone. Walker said that the conventional wisdom is that people moving into that neighborhood knew what they were getting into and should be willing to accept the status quo. Walker said that the fact of the matter is that game days used to be a lot more pleasant, with a lot less congestion, urinating, defecating, vomiting and destruction of property. Walker said that the city has a serious problem here. Walker said that the city staff memo recommending that the vendors be removed from the neighborhood was an attempt on staff's part to protect the neighborhood, which is the City's highest priority. Walker said that the Council did not accept this attempt and instead asked staff to draw up regulations. The neighborhood asked that this be done with the goal of exploring alternative locations for vendors outside the historic neighborhood and on City or University property. Walker said that while the regulations before the Commission are welcomed as a means of alleviating some of the nuisances, they need to be seen in the context of the vendors eventually being relocated altogether. Walker said that the disrespect and incivility shown the neighborhood on football game days is a much larger problem than the vendors. She said it is heartbreakingly depressing to see their neighborhood trashed and disrespected each game day. She noted that football Saturdays are University events, though the University has been strangely silent on the matter over the last couple of months. Walker said that the University needs to step forward as a good neighbor and take the lead. Walker said that a comprehensive review of football game days needs to be undertaken by neighbors, the University and the City in a coordinated effort. Walker requested that vendors be limited to the area between the Melrose Bridge and 711 Melrose. She asked that the University provide adequate toilets and trash facilities. She asked that shishkabob sticks, turkey legs bones and other life- threatening food forms be banned for the safety of neighborhood pets and wildlife. She asked that there be a ban on any selling Planning and Zoning Commission May 5, 2011 - Formal Page 11 of 14 outside of game days and that all clean -up be completed by noon the following day. Walker said that she understood that the vendors are not responsible for the trash left about by the tailgaters, though the two are very intertwined in terms of what happens to the neighborhood. She asked that a mandatory vendor /property -owner meeting anytime there is a new vendor. Eastham asked what long -term effect the vending has on the neighborhood as an RS -5 zone and a historic district other than the concerns expressed about littler and bodily waste. Walker said that the sheer number of people that visit the vendors sometimes block the street and damage property. Walker said that gates have been broken and lights smashed. Weitzel noted that the draw is the game not the vendors. He said that if all of the vendors were removed, the crowd would still come and tailgate for the game. Walker said that the vendors are part of what draws people across the street and into the neighborhood. Freerks said that she has thought of the vendors as a buffer in a way. Walker said that if the vendors were on University property then there would not be the same spillage into the neighborhood. Koppes said that moving vendors to University property could actually cause more spillage into the neighborhood by removing available parking. Walker said that the University's train has helped with game -day parking needs. Freerks noted that she lives on the other side of town and she has suffered damage on game day. She said that damage can be anywhere on a game day. Eastham again asked what the effect game day vending has on the residential neighborhood from a long -term perspective. Walker said that the property values of houses at that end of Melrose has doubled, taking them out of the reach of owner - occupied residents. Jeremy Freerks, Solon, said that he used to run The Magic Bus and was president of the Iowa rugby team. Freerks said that he is in favor of most of the regulations. He said that The Magic Bus has always carried insurance, more portable toilets than anyone else in the area, and a dumpster. Freerks said that the Bus has always taken care of its responsibilities: providing security and requiring IDs. Freerks said that everyone staffing The Magic Bus is a volunteer; there are no paid staff. Without The Magic Bus, the rugby team will have a difficult time funding itself and raising money for those in need. He said that he understood that the "tailgating" definitions were actually directed at their activities. He said that The Magic Bus will not be able to continue its long- standing tradition based on the regulations before the Commission. He asked that the regulations be changed in order to allow the bus to continue. Ann Freerks asked how much money the organization has given to charity. Freerks said he believed it was somewhere in the neighborhood of $150,000 over 15 years, not counting the amounts used for the rugby team (which is also a non - profit). Koppes asked if the only objections Freerks had were concerning the location and alcohol provisions, and Freerks said that was correct. He did note that the vendors were kind of being squeezed when a lot of people make money off of game days. He noted that people make a lot of money allowing people to park cars on their property and none of that is regulated. The tailgaters are what create the mess and the vendors are being held responsible for it. Eastham asked for clarification on issues surrounding The Magic Bus. Jeremy Freerks said that the bus has a live band for which admission is charged. Eastham asked if the same revenues could be generated without selling alcohol. Freerks clarified that they do not sell alcohol. He said there is free pop and alcohol with the price of admission to see the band. Eastham asked if the business could continue if it did not dispense alcohol. Freerks said that he did not believe the numbers would be the same. Ann Freerks said that what is unique about The Magic Bus is that it is a place to go and tailgate without being connected with a specific vehicle. Planning and Zoning Commission May 5, 2011 - Formal Page 12 of 14 Yolanda Frudden said that she did not appreciate Walker trying to ban a food on skewers that she has been serving for 15 years. She recommended that Walker refrain from walking her dog during football games if she is so worried about it. She noted that the sticks that she uses are not the same sticks that Walker has expressed concern about at previous meetings as she saw the stick in question and it was much too short. Jean Walker said that she would like to rebut that point. She said that the sticks are all over the neighborhood for weeks after the games. She said that the stick was short because it was broken off, and it had a very sharp point. She said it had remnants of meat on it and she had to pry it from her dog's mouth. Walker said that she is not the only one who has had this problem and she thinks that people should take responsibility for what happens to their products, particularly if it could injure an animal. She noted that her dog could have perforated his intestines and died. Anything that can be served on a stick can also be served off of a stick if you weigh it against the life of an animal, Walker said. Christensen said that if there were no vendors on Melrose all of the houses that rent to vendors would be renting to cars and the tailgating and alcohol would run the length of the street. He said that the vendors do create a significant buffer zone. Christensen said that allowing vendors to set up at 9:00 AM rather than noon would make a significant difference. Koppes asked how the set -up requirements compare to those in other cities. Christensen said that the requirements vary widely, but it is the same basic theory of doing business. He said that there is a tremendous amount of work involved and any leeway on the front -end makes for a shorter day on the back -end. Crystal Cavanaugh said that she believes that a lot of the complaints lodged by the neighborhood association are really about adequate trash and restroom facilities. Cavanaugh urged the City and the University to work together to resolve those issues. Cavanaugh noted that the vendors are not the draw for the games and while they do benefit financially from them, they also provide a service to the fans and a buffer for the neighborhood. She said that if the vendors were not present there would simply be more room for more tailgaters. She said the problems are not vendor - specific problems; they are problems resulting from lots people in a small area. Freerks closed the public hearing. Koppes motioned to defer. Weitzel seconded. Koppes said that part of the reason she wants to defer the matter is to take The Magic Bus into account. She said that it is a tradition and she does not want to see it go away. She said that she also would like to consider allowing vendors to set up at 9:00 AM rather than at noon. Koppes said that she thinks the cooking tents need better clarification as there were a lot of questions about that. Boothroy said that he intentionally left the specifics out because the fire code dealing with that issue is a couple of pages long and is not being amended. Koppes said she would like to know what "approval by the Fire Marshall" actually means for vendors. Boothroy said that neither he nor the Fire Marshall can tell the Commission what the impact of the inspections will be until they actually go over and do them. He said that the uniform fire code is going to be amended to allow broader discretion for the Fire Marshall, which may allow for a better ability to address the uniqueness of the Melrose Avenue set -ups. Planning and Zoning Commission May 5, 2011 - Formal Page 13 of 14 Koppes asked if there was anything that could be done for The Magic Bus. Boothroy said that that would be a legal opinion and staff will have to review the options and give a legal recommendation. Freerks said she is just interested in how that is handled in other communities. She said she wanted to be clear that she is not interested in the expansion of alcohol sales, but may be open to something more like the status quo for The Magic Bus. Weitzel said that he agreed with the need for review regarding all of the comments made so far. He said that the critical party to get to the table in these discussions is the University of Iowa. Freerks said that she almost feels like vendors have been made the bad guys and are owed an apology. She said that there are a lot of things that could be addressed by the University and the City that could go a long way toward enhancing the experience for fans and dealing with what the neighbors face after the fun is gone. Freerks said the real issue before the Commission is trying to make legal what has been going on for years. She said that the vendors do add to the game day experience. Weitzel said that there are no problems with vendors at any of the other events in the city; it is not a vendor issue. Freerks noted that over 70,000 people come through that neighborhood which can be both a blessing and a problem for any community. She said that we need to figure out to take the good of that and eliminate as much negative as we can. Eastham said he is not terribly interested in The Magic Bus issue as there are many opportunities to donate to private charities. Eastham said that litter and restroom facilities are the primary issues and are a joint City and University issue. Eastham noted that the Council could, as a part of adopting these regulations, devote money to clean -up and providing portable toilets in order to prevent the neighborhood itself from being impacted by litter and public urination. Eastham agreed that the University should be a party to these discussions. He said that quasi - commercializing a neighborhood may have impacts that he is in favor of further exploring. CONSIDERATION OF MEETING MINUTES: April 21, 2011: Weitzel offered a correction to the minutes. Koppes moved to approve the minutes as amended. Payne seconded. The motion carried 5 -0 (Plahutnik and Dyer excused). OTHER: Report from American planning Association Conference deferred until next meeting ADJOURNMENT: Koppes motioned to adjourn. Weitzel seconded. The meeting was adjourned on a 5 -0 vote (Plahutnik and Dyer absent). Z O N cn p OU U� z r (W � Z Z N OQ Np 06 w c) � z� ZQ Z Q J a z W W O LL O z W W O U. z �_i oxxxxoX NX xoXxxx �X�XxxxxX N x XXXxwX X X X X x Mx X X X x X X M X x X X X X X N N X i X x X X X x �we- CDs- MNLnLO NLOU)M M waUnUnU.) UnUnUnLnU.) 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CALL TO ORDER: Chairperson Trimble called the meeting to order at 6:00 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA; There was none. CERTIFICATES OF APPROPRIATENESS: 724 Ronalds Street. Kuecker said this applicationis to install a twelve -foot wide curb cut onto Ronalds Street for a ten -foot wide drive. She said this requires a curb cut permit from the Engineering Department, and that is why the Commission is reviewing this. Kuecker stated that the guidelines disallow curb cuts on a street if there is alley access. She said this property does have alley access, so if the Commission decides to approve this, it needs to grant an exception to the guideline, citing the guideline in the motion and explaining why the exception is being made. Kuecker said the applicant has indicated that the access is needed for handicapped accessibility for the property, and staff sees that as a reasonable circumstance to allow an exception and recommends approval as presented in the application. She said that approval would involve an exception to section 4.12 of the Handbook, with the rationale being the unique situation presented by the handicapped accessibility need for the property. Baldridge asked if there are any other curb cuts on that block of Ronalds Street. Kuecker confirmed that there are several. MOTION: Baldridge moved to approve a certificate of appropriateness for a project for 724 Ronalds Street as presented in the application as an exception to Section 4.12 of the Iowa City Historic Preservation Handbook that disallows curb cuts and driveways from Historic Presevation Commission April 14, 2011 Page 2 the street when access is available from an alley. The rationale for the exception is that a unique situation is present in that the applicant cites a necessity for handicapped access to the property and the lot is a double width lot. Swaim seconded the motion. The motion carried on a vote of 9 -0 (McMahon and Michaud absent). 1205 Seymour Avenue. Kuecker said this is an application for siding replacement. She said the Commission previously approved siding replacement for this property and referred to the certificate that the Commission approved at that time. Kuecker stated that the applicant would like to propose a change in the material to be used for the siding. She said the applicant proposes to use a fairly new product called LP SmartSide. Kuecker said the Commission has not approved it before, so it needs to be looked at carefully to make sure it will hold up as well as wood siding and the other wood substitute the Commission has approved, fiber cement board. Kuecker said that LP SmartSide is a wood composite material that she has been doing research on. She said she has not found a lot of independent resources, so she has consulted some contractors and housing inspectors regarding the product. Kuecker said the housing inspector had seen some houses in the Fairfield area that had this material installed four to five years ago and said it has held up well, except in areas of high moisture, and the inspector did not feel that any material would have held up well in those locations. Kuecker said that contractors noted that the material is easier to work with and install. She said that it comes in longer sheets and is lighter to work with, so it is more economical for homeowners. Kuecker said most of the contractors said they were hesitant to use the material at first, because of its wood composite nature, but after doing research and seeing other applications have felt that it is appropriate and useful. Kuecker stated that locally, the Peninsula has been using LP SmartSide but only for the past year. She said that, in general, the developers have been more satisfied with it than fiber cement board because of ease of use. Kuecker said that because this is a new product, the Commission needs to take time to look at it in -depth and have the Commission be able to review it independently as well. She recommended deferral to the next meeting to allow time for more research. Kuecker showed a photograph of the house as well as houses on the Peninsula that have this product installed. She said it has a very similar appearance to the fiber cement board. Kuecker said that there is both a smooth and textured product. Hobart, one of the owners of the property, said he discussed cedar siding with the Commission a year ago. He said that project did not get completed, and in the meantime, he investigated some possible alternatives. Hobart said there have been some improvements in the material, and he feels confident that it will look good. He said it would be painted. Hobart said he is probably leaning more toward the smooth surface, because what is there now is a redwood, and the new material would look more like it is now. He said he would like to get this project started as soon as possible. Historic Presevation Commission April 14, 2011 Page 3 Ackerson asked what is new about this product. Kuecker replied that previous wood composite siding products have not had a good reputation for holding up over time, especially with moisture. She said that SmartSide is the newest iteration that supposedly solves all the previous problems of this type of siding. Wagner said that he spoke with a salesperson at the lumber store, and the salesperson was quite sold on the SmartSide. Ackerson asked what the binding material is in the product. Wagner said it was probably some kind of polymer. He said the rationale behind allowing fiber cement board is that it looks like wood from the street. Wagner said the rationale would be the same for this product. He said that if it fails, in the end it would be the homeowner's problem. Wagner said he likes the idea of a test. Hobart said that one of the challenges he has is the archways. He said that his contractor, Clark Griffin, feels they will be somewhat easier to do with the SmartSide than with the cement board. Wagner said that professionally, he feels this will be as good as or better than fiber cement board, although he is pleased with the durability of the fiber cement board. He said that the fiber cement board pieces are heavy and sometimes are difficult to cut. Wagner recommending trying the smooth finish SmartSide and have it be a test. He said that it will look like wood, and the only person who stands to lose is the homeowner. Hobart said he thought the product had been on the market for a few years. Griffin said the company has been testing the product for ten years or more, but he was unaware of how long the product has been installed on houses. Baker asked what other historic preservation commissions have said about this product. Kuecker answered that she was unable to find that information. She added that when the Peninsula proposed this, the staff person working on that project tested a piece of the material with soaking and other tests, and it seemed to hold up like fiber cement board. Swaim said that if the Commission considers this a test case, it will still get requests for this material this year or next. Ackerson said that the Commission may not know for 20 years what the durability of the product is and that three years is not really a sufficient test for siding. Trimble said that she didn't know if a test case is a good idea, if the Commission approves one project and then has to turn down others it wouldn't be consistent. Swaim added that if the material is easier to work with, there will be a flood of requests for it. Kuecker said that siding replacement is not a common request for the Commission to review. She said that there are probably a couple of projects per year, at most, and the owner usually has to give good reasons for needing the replacement in the first place. Baker agreed that failure of the product would hurt the homeowner but not the Commission. Baldridge asked what the Commission would find out in a month's time that is does not know now. Kuecker suggested that the Commission members could do their own research and testing, although they have quite a bit of information available already. Downing said that one of the principle objections to a lot of siding is that it is not paintable. He said the paintability of this product is a point in its favor. Downing said that one of the biggest factors in the success of the outcome of this project is in the details. He said there needs to be advanced discussion regarding the duplication of the details of the house. Historic Presevation Commission April 14, 2011 Page 4 Swaim agreed that the homeowner is taking the risk here. She said that in the spirit of what the Commission does, it would not want to approve something that would damage the house if moisture got into it. Hobart hopes to have less moisture after the project, as that has been a problem with the house before in that moisture from the inside pops the paint. Swaim asked about the availability of the different profiles. Hobart responded that he would like to duplicate, as much as possible, the siding that is there now. Wagner said he doubted that was the original profile. Hobart said the house originally had painted, cedar shake siding. He agreed that it would not be the original profile. MOTION: McMahon moved to approve a certificate of appropriateness for the application for 1204 Seymour Avenue as submitted, as an acceptable wood substitute exception to the guidelines. Baldridge seconded the motion. The motion carried on a vote of 10 -0 (Michaud absent). DISCUSSION OF IRVING WEBER HOUSE 421 MELROSE COURT: Kuecker stated that a neighborhood representative requested that the Commission consider nominating the Weber house as a local landmark. She said the property owners were present at the meeting to discuss this. Kuecker said this property does meet the requirements of a local landmark. Regarding the process, Kuecker said the Commission would need to decide whether to move forward on this or not. She said that if the decision is to move forward, an application for rezoning would be submitted for this property. Kuecker stated that would then come back for a formal public hearing before the Commission, for which notices would be published, and neighbors would be notified. She said that then this would go to a public hearing before the Planning and Zoning Commission and from there to a public hearing in front of the City Council, where it would require three votes. Kuecker said the Commission should discuss the pros and cons of this and get the opinion of the property owners. She recommended that, if the property owners are not in favor of this, that the Commission not pursue it at this time. Kuecker said the owners are in the process of selling the house, so that the next property owners may be the ones to approach. Sean Malone, one of the owners of the house, said that he and his wife put their house on the market last month. He said they have a relationship with the Webers and the Weber Trust. Sean Malone said that he unexpectedly received a letter from Kuecker and the City stating that the property has been nominated to be designated an Iowa City landmark. He said he appreciates the history of Mr. Weber and everything he has done for the community. Sean Malone said, however, that they have been in negotiations with people and have made disclosures stating that there are no rezoning issues with the process. He said this was the first notice that they had, and it really puts them in a bind. Sean Malone said that today's article in the Iowa City Press - Citizen regarding the potential designation as an historic landmark really frightens away a lot of buyers and puts he and his wife in a bad position. Sean Malone said that he appreciates the legacy of the Webers in Iowa City. He said, however, that he didn't realize this was happening; now they have an offer on the table but don't know what to tell the buyer, because they have to be honest with him about what is going on. Historic Presevation Commission April 14, 2011 Page 5 Sean Malone said he thinks this occurred as a result of a lack of communication at the neighborhood level. He said that if he would have been asked about this two years ago, they would have done it in a heartbeat. Frannie Malone agreed that she and her husband want to protect the home, but she also feels like it should be the decision of the next owner. She said that they plan to move in the next month or so. Sean Malone stated that this has really caught them off guard and said he felt like this was done the wrong way. Ackerson asked if this house would come under the guidelines, where nothing else in the neighborhood does. Kuecker confirmed this. Kuecker said that she talked to the realtor of the person who has the offer on the house, and that person is not necessarily scared away by the nomination but would prefer to make that decision. Sean Malone said he really does not want to see this house carved up to be a rental property. Walker said she is the representative for the Melrose Neighborhood Association. She agreed that this was not the best way to have this happen. Walker said the history regarding the Melrose Neighborhood Association is that it has been absolutely snowed with a variety of projects. She said that this has been in the back of their minds since Irving Weber died, and they had hoped that they could contact Willard Weber, Irving's son, but then Willard Weber died before that was done, and then the house turned over. Walker said there is a 13- member executive committee for the Melrose Neighborhood Association, and it has been dealing with a lot of things recently. She said that she had mentioned at a previous Historic Preservation Commission meeting that the Weber house needed some protection. Walker said that time passed, and then she e- mailed Kuecker on March 14`h regarding this property. Walker said that Kuecker was busy but she heard back from her on March 24'h describing the process. Walker said Kuecker suggested that, if Walker knew the owners, that she go over and talk to them, but Walker said she did not know them, and then she got busy with other things. Walker apologized to the Malones for them not receiving sufficient notice. Trimble agreed that this discussion did come up at a previous Commission meeting. Sean Malone asked why it was not addressed earlier, if there was such a concern about the home. He said this should not be his burden to carry. Sean Malone said that this front -page article in today's Press - Citizen is jeopardizing their ability to sell their house to someone who made them an offer just yesterday. Walker said she would like to address that. She said that she has been the representative for the neighborhood since 2000 and has worked on various neighborhood issues since 1973. Walker said she is exhausted. She said that issues have come up about the neighborhood, and she tries to focus on the major things and also goes around trying to put out fires when other things come up. Walker stated that she couldn't do any more than she has. Sean Malone said he appreciates everything she has done for the neighborhood, and everything that she has done to protect it from University Hospital encroachment. Sean Malone said that he just felt that the timing of this seems funny. Walker said that seeing the sign go up Historic Presevation Commission April 14, 2011 Page 6 scared her, because she felt that the house would then be another generation of owners removed from the Webers, and she wondered if it would ever be saved. She said the house then went to the top of her list of items to do something about. Walker apologized, saying she tries to make connections with people, but this just happened. Kuecker said that anyone can petition to have a house designated as a local landmark. Sean Malone said that a non -owner could ask for this, and it could make its way to the City Council and be passed with six out of seven votes, even if the property owners were against it. Kuecker replied that the only time that has ever happened for a landmark building was when the Carnegie Library was threatened to be taken down. Kuecker said the Commission does not need to be a vote; the item was on the agenda for discussion and to find out if there is a consensus of the Commission to move forward. Kuecker said that if there is not a consensus to move forward, then this item leaves the table. Walker said she understands the concerns of the Malones and said she would have the same concerns if this happened to her. She said she is very grateful that the Malones have not changed anything on the house so that it is still in the same shape. Walker said she had hoped that this would be a win -win situation, where the restrictions put on the house by having a landmark designation would not be onerous and would be acceptable to the new owner. She said she understands about the owners not wanting it to be their decision, but she wondered if there might be some sort of halfway measure where one could talk to the prospective buyer to say that the City is not proceeding with designation. Walker said perhaps the City could tell the prospective buyers that designation would be up to them, but the restrictions are not as bad as people have implied. Walker said the house is in an historic neighborhood. She said that when the historic district was put on the National Register of Historic Places, Marlys Svendsen, who did the research, said that this house needed to have a landmark designation to preserve it. Walker said that the house will be 100 years old in 18 years. She said that the house is wonderful; it has not been changed. Walker said there are other landmark houses in the neighborhood. She said it is a way, as has been outlined, to prevent the house from being demolished. Walker said that a house like that could be demolished, because 402 Myrtle in the same neighborhood was just demolished after it was allowed to deteriorate. Walker said she just wanted to remind the Commission of a few of the things about Irving Weber. She said he worked for Sidwell Dairy and developed the quality check dairy products association. Walker said that apart from his career, because he was so revered, in 1989 the City Council named Weber Iowa City's official historian. Swaim stated that this reminds us of the nature of historic preservation work, in that a lot of it is done by very busy volunteers. She added that she does not feel the current owners should be put in this position and that it should be up to the next owner. Wagner said that if he owned such a house and planned to sell it ten years down the road, he might seek out such a designation, because it would add value. He said that the designation does not help the owner's situation in a housing market like this with such short notice. Wagner Historic Presevation Commission April 14, 2011 Page 7 suggested the Commission made a concerted effort to let the new owner(s) know about this information. Sean Malone said it would be a great thing to give the new owners contact information for Walker so that they can get information from her, as she is a valuable resource for the neighborhood and the City. He said that they are trying to sell the house to someone who will take care of it. Sean Malone said the next person should decide if he wants to go forward with this process, but it is too late for them. The consensus of the Commission was to not proceed with landmark designation. CONSIDERATION OF MINUTES FOR MARCH 10, 2011: MOTION: Swaim moved to approve the minutes of the Historic Preservation Commission's March 10, 2011 meeting, as written. Ackerson seconded the motion. The motion carried on a vote of 9 -0 (Michaud and Baldridge absent). ELECTION OF OFFICERS: MOTION: Swaim moved to nominate Trimble for Chair of the Commission and McMahon as Vice Chair of the Commission for the next year. Baker seconded the motion. The motion carried on a vote of 9 -0 (Michaud and Baldridge absent). OTHER: Burford discussed the Parade of Historic Homes and asked for volunteers to help. She said that this year it is all part of Irving Weber Days. Burford said that Jeff Schabillion will be lecturing on Saturday, May 14th, on Iowa City's stone buildings and Mr. Moffitt. Burford said that on Sunday, the 15th, Plum Grove, which was the first preservation project in Iowa and one of the first in the Midwest, will be highlighted. She said there will also be seven to eight Moffitt homes open in that same area. Burford said it is a very social event. She asked anyone interested in helping to e-mail her or Trimble. Swaim said the newspaper coverage of the past week reminded her of how much work was done by the Commission after the tornado occurred. She also discussed a student of hers who is doing a project involving the Goosetown area. Trimble said the Commission would be interested in seeing that information and keeping the interest going. ADJOURNMENT: The meeting was adjourned at 7:08 p.m. Minutes submitted by Anne Schulte Z O O� UO ZU OW. Q W r U r c Q N W G NZ W W it �- CL �. U_Q 2 O E 2 O 0 '00 O O j z � N O c (D c E CD CD O m z o d Q n n z I xooz E X x x x x x X X x x x x x - x x O O O x x N X x o x x o x x o x o r a X W W M N M � N M N N M M N M d' N M It N CO N N M N N M d' N M M N M N N M F- Q a Z z Y O Q 00 ~ LLF a m H W a m � C9 Z o 0 p Q Z D D ZO = d O Q C9 3= Q Z Q Q Q W m oc Y z Q E 2 O 0 '00 O O j z � N O c (D c E CD CD O m z o d Q n n z I xooz E MINUTES EL�� HUMAN RIGHTS COMMISSION APPROVED April 12, 2011 EMMA J. HARVAT HALL Members Present: Orville Townsend Sr., Dianne Day, Diane Finnerty, Harry Olmstead, Martha Lubaroff. Members Absent: Wangui Gathua, David B. Brown, Howard Cowen, Connie Goeb. Staff Present: Stefanie Bowers, Sue Dulek (Assistant City Attorney). RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): No. CALL TO ORDER Day called the meeting to order at 18:22. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: None. CONSIDERATION OF THE MINUTES OF THE March 15, 2011 MEETING: Olmstead, moved to approve. Townsend seconded. The motion passed 5 -0. ABUSED POSTVILLE RAID The University of Iowa Center for Human Rights is planning on showing this film in the fall. Bowers will touch base with the Center to inquire about possible co- sponsorship. SANCTUARY CITY Finnerty/ Yes, I can share and we might at some point want to kind of re -title that subcommittee because it, the sanctuary city policy is what initiated it, but I think as a subcommittee, as a group we've gone a bit beyond that. Part of the question is what kinds of things, what are the current experiences of people who identify as immigrants, documented and undocumented, and then what are the kind of multiple ways the City could be more of a welcoming inclusive community. One of which may be a sanctuary city type recommendation, but may not as well. And so there are four members of our group here today so we're well represented, and so its Harry, Dianne, Orville and myself, and so Martha this is really kind of just some newness to you and also to the other Commissioners in the minutes, that what the documents you have, the first is a cover letter that we would propose to a company, a survey that I believe as it stands right now is written in English, but we would recommend I believe to have it translated into Spanish. So at least there are two languages represented. As a subcommittee what we want to do is take the City Council's charge and determine what if anything could be put into place to welcome and create greater inclusion. So the way we felt as a subcommittee would be to start with documenting and gathering some of the stories both what people love about living in Iowa City, but also if there have been any challenges. I think the other portion of that is we really see our, kind of our scope as looking at City services. So the experiences of being in the City, but then also any particular stories regarding the services that the City of Iowa City offers. So you'll see various City services, housing, law enforcement, parks and rec, the Human Rights division. So we went through and just identified key City services with public interaction. So I'll just share a little bit more and then ask anybody in the subcommittee. So what our goal is and what we propose to do is to work with the community's sanctuary city committee that has a lot of immigrant rights activists or advocates, and the faith community particularly to ask their assistance in gathering some stories. Some other key people in town that we know work particularly with folks who would identify as immigrants and undocumented. So people at different either health clinics or some of the social service agencies. Some of the places that we have some contacts already with folks doing that work. So put this out, ask people who are working with immigrants and Human Rights Commission April 12, 2011 Page 2 of 11 or who identify as immigrants to help gather some of these stories. Bring them on back and then through this we would look and the subcommittee would review this and then make recommendations for proposals, that again may include something like a sanctuary city but may not as well. Then the other thing is just an educational piece that we're recommending is if part of the issue is where can people particularly who don't have documentation feel safe and participating in our community, and or which services they can access. We're recommending that the City create this type of an information sheet, your last document. This has just got the City contact information, but then also very clearly identifies what type of identification is needed to access those services. So one based on what Carla had said last time about the participation in City Council meetings for example. We drafted in that kind of in a transparent way, here's what it would take to be able to participate. Documentation is not needed, but kind of as ah informed consent thing. Please know if you're going to step up to the microphone here's what you'll be facing. So we would like to see all the different City services identify what type of documentation they require, and hopefully it's the same as what they request versus something serving as a proxy that they request, it's not really required by law. That's our package of recommendations and I'd ask anybody else on the subcommittee let me know and put on the record what I've forgotten to include. Townsend/ I think basically I'd just like to say I really enjoy working on this committee. I mean it's like a waterfall of ideas when they get together. It was really fantastic. When we first started off you know we initially said that we would try to get feedback from individuals by having local pastors and service organizations arrange meetings so we could meet with them, and then we thought we mauled that over and kinda decided that maybe that would be a little uncomfortable. So we came up with a plan B that you know we would just basically have the local pastors and organizations to get the information to them and try to you know get them to submit it back, and felt we would get much more feedback doing this, so that was what we finally agreed upon. We also felt that we should encourage them to share this is not a witch hunt. This is in order to make things better so we felt it was very important that we encourage them to share positive as well as the negative you know. Day/ I think I presented these ...the survey and the City services to the sanctuary city meeting, and ah they were all very pleased with it. They've also started doing ah; we did have a couple of people there from the immigrant mainly Hispanic community, and discussed the survey and the services. Essentially it was pretty much that, I mean I emphasized that for this to be valid it needed to be spread out, and that that was resting on the faith community and other people working with immigrants to do this. In talking to a couple of the Latinos that were there, it was also agreed upon that there could be occasions where they would have some of their friends in with some of the, not the commission but the committee where they might feel comfortable doing that, so that was another alternative. Another alternative that I think is going to be utilized possibly is to ah they're going to provide some of the copies of these to some of the Latino business owners in the community, that they would have a lot of stories to tell. So I think that my goal hopefully in agreement with you is that I impress upon the sanctuary city and the people that were there that it was a dissemination and that they had a big responsibility, and to um passing it along to people. So they felt because if this was transmitted in normal ways nobody would fill it out. That was their consensus that if we had it on the website nobody would do it, but if somebody was with them and printed it. Another comment is they are having a `Know Your Rights Meeting' at the end of May that they're working on with one or two people I think from Des Moines. So it's going to be basically a Latino meeting, probably mainly in Spanish, but it is going to be know your rights kind of thing. We talked basically about, oh it's the same night, oh that's been moved back. It was going to be the same night as the Abused yeah, that possibly we could if we were interested have the survey there, and it would just be dispersing it. Human Rights Commission April 12, 2011 Page 3 of 11 Whether or not somebody wanted to translate and fill it out then, but that would be a place to at least introduce the survey to again get a broader scope. Finnerty/ It might be nice too the May 28th is that date for that the 'Know Your Rights' I think it will be know your rights if there is an immigration custom enforcement raid workplace, and kind of what ICE is doing now too is going door to door and picking people up on outstanding warrants so they can get into that secure community system. So there's some door to door apprehensions and there's also workplace raids, so I'm going to guess it will focus specifically on that about what are your rights in the case of being apprehended by ICE, but it might be nice too if we could have as a goal to have the City services document done by May 28th and we can distribute it there. Day\ Is that a possibility? Bowers\ Yes you mean the, yes that's not a problem at all. Finnerty\ There are some other kind of know your rights that they may have around. Know your rights that if a police officer pulls you over, you know some more City related know your rights stuff that um I certainly wouldn't be opposed to us kind of having a table there and distributing this. To have a presence of the Commission at that `Know Your Rights'. I think it'd be a nice outreach. Bowers\ Where is it being held at? Finnerty\ Well they weren't sure yet. Is it possible to have it in both English and Spanish or is that asking more then? Bowers\ Well I don't know of anybody on the staff that would be able to translate it. I would have to look around the City for that. Day\ Or if you had it then we could find somebody to translate it if that works. Bowers\ The problem would be me trying to find somebody, but with an entire City staff that may not be that difficult. Finnerty\ And if so Stefanie is there any budget for it? I can certainly find a translator. Would we have any access to budget to pay for it? Bowers\ Yes. Then I think I misunderstood you. I thought you meant a motion on the website, but you mean on the... Finnerty \Harry do you have anything you want to add as a member of the subcommittee? Olmstead\ No, everything has been said. Day \I think one other thing is the last time when I talked to you guys is the sanctuary city group was going to do some interviewing or story gathering, and once they saw the questionnaire and what we planned to do they pretty much said so... Human Rights Commission April 12, 2011 Page 4 of 11 Bowers\ I'm going to interrupt you. There are just a few things. One the cover letter I think if the Commission signs off on it I think and Sue you can correct me, but I almost think the entire Commission should sign it or just should say the Iowa City Human Rights Commission versus just having the four members of the subcommittee. Then it should also be noted on the survey in the cover letter and I know this has been discussed in emails, but Sue reminded me that you know we can't keep these anonymous, so people need to, you know that needs to be big on the cover letter and the survey. It needs to be understood so that people understand that when it's submitted it becomes a public record and so if they submit it through an email that's stefaniebowers@ ... Day\ Absolutely. I don't think my guess is that we will not get many through email. Bowers\ But if we do we still have it ... Finnerty\ I'll make that so that the, if I submit it using my personal email, my personal email becomes part of public record. Bowers\ Right. Day\ We may need to make a note on that. Finnerty\ Okay I'll make a note. Dulek\ I think on your cover letter itself because I may tell a story that's pretty unique and I would read that and go that's Diane's story. So I think that people just need to know that once they submit it to the City it does become public. You don't have to sign it, but sometimes there's enough identification in the story. Finnerty\ So the two issues are the language that I've responded, the survey language, my story is public even if I don't have any identification on it? Dulek\ Correct. Finnerty\ But the fact that my email address is attached to that survey is also public. Isn't that right? Somebody could request that? Dulek\ Yes. Townsend\ It's kind of confusing because our committee and then we've got the sanctuary city committee, so unless someone has a better idea I would suggest that our committee you know be named ah the let me see, embracing diversity committee, embracing diversity committee... Day\ I think a different name would be good. Townsend\ Since I was going through my stuff you know today, I noticed that it just all mingles together. Human Rights Commission April 12, 2011 Page 5 of 11 Finnerty\ The only friendly request I'd make is that I think this particular thing is specific to immigrants and I think diversity is much broader. So if there anyway we can have the word immigrant I think there, or maybe call it the immigrant stories project or. Townsend\ Yeah why don't we do that. Townsend\ Something besides sanctuary city. Finnerty\ I agree with you on that. Olmstead\ We've also talked about possibly changing the name to a safe cities, maybe just the safe cities committee. Townsend\ But there's already a safe city set of information out there. Day\ That's more of an ordinance again. I mean you know I know what you're saying, but that again I think would be tied to an ordinance, which we don't know if we're going to get. Like immigrant story. Townsend\ Yeah that's what we're focusing on right now. Day\ It might serve as a more open, it could lead to, and does that make sense to you? Olmstead\ I'm putting the cart before the horse? Lubaroff\ Could you call it something like an inclusive committee? Day\ I think you're right though, I think we need to have immigration in it because it's basically geared toward immigration. Bowers\ And you're just referring to how you, the sub -group identifies correct? Day\ Right. Bowers\ So next time on the agenda if you chose a different name use that instead of calling it sanctuary city? Okay. Finnerty\ It looks like I took some liberties and I just put the immigration subcommittee actually. Sorry about that, that wasn't a decision. Townsend\ I have no objection to what it is, just that I need to something to on specifically. Day\ We need a motion on that Stefanie? Bowers\ I think if everybody on the subcommittee agrees and everybody is here right? Bowers\ So as long as everybody agrees. I think I interrupted the motion. Townsend\ So what did we decide on? Human Rights Commission April 12, 2011 Page 6 of 11 Finnerty\ Immigration subcommittee. Lubaroff\ I'm going to make a motion that we accept this immigrant stories project as well as officially change the name to Immigrant Subcommittee. Finnerty\ I'd second that. Day\ All in favor say aye. Dulek\ The motion was as prepared and I would suggest that it was as amended just for that sort of disclaimer. Finnerty\ As amended with the subcommittee? Okay. Bowers\ And also, with the additions of adding the full commission name and then the, that it becomes a part of the public record. Lubaroff\ Do I need to restate the motion or? Dulek\ No that's fine. Finnerty\ I'll make those changes and send around the redraft. Bowers\ Just before we move on how soon, I mean is this considered a finished project once you do the amendments? Finnerty\ I think so and then if there's budget translation I can find someone to translate. Bowers\ Okay that's not a problem. Finnerty\ I was going to try to take a wack at the survey, but I'd have to, I'd take a wack and then I'd have my friends who really know how to speak Spanish correct it. So if I didn't have to borrow those favors that would be great. It would be done and ready for translation and I can find a Spanish language interpreter. Bowers\ Okay just communicate through email with me and we can get that arranged. Then as far as getting it online I'll be working with ITS so, you know I'm not sure what their schedule is like it could be May 1St before its available online and I'll also have document services put it on a different type of letterhead. So it's on a letterhead I guess more so than just this. Day\ I was just going to say so once we have the final copy of this and it's available online, then is that where we need to develop the list either via email or regular mail or personal contact with members of the community that we think would be involved, but we want to make sure they have the letter and the survey to pass out. So we need to meet then by the 1St of May so that we have our jobs. So we're all in agreement on that. Human Rights Commission April 12, 2011 Page 7 of 11 Bowers\ That's fine and there's a green, well it was green. The one I have is green. It's a Johnson County services, it's a big thick booklet, and somebody should probably stop by and get that or I can bring it to you because that would. You know there's an index and it would probably facilitate the list a little better than just going around the group. Finnerty\ I don't know if they're friendly amendments or brand new things, um given that it probably won't be out till May 1St, I'd �robably recommend we have the dates, the stories collected by June 1St? I think we kept that May 28t date because that was when the 'Know Your Rights' came up, but we can move beyond that because we can gather stories there. So if June 1St? Then I think the other piece that the subcommittee is interested in is asking the City, and I don't know if Stefanie if it would be you to ask the directors or how it might work, to actually complete their section on here. Bowers\ Yes. Finnerty\ So if that could be part of the motion too that that was understood to be part of the proposal Bowers\ Yes I have that down to have that completed and available, and then it will be translated also correct? Townsend\ I had a question. We had hoped that we could, you know when we make our written recommendations to the City Council, that there would also be a Spanish version. How much time do you need you know when you're trying to get things translated into Spanish? Is that going to be a problem time wise? Bowers\ You know if the person can turn it around say in a week, if that's possible. I don't think it would be a problem at all. Even two weeks would probably be okay. Finnerty\ Oh yeah. I think it'll depend on if we have a bulleted kind of report or if it's a lot of narrative or what it might look like. So I'd recommend brevity on our parts and just kind of get the points out is what I'd recommend, both for costs and also for time. Day\ I have one more question. We are dealing mainly with Spanish, something we've not defined in here and we've talked about it a little bit too. We have people of various languages and especially Chinese, so and so can we. I guess I'm asking how to proceed on the language. Bowers\ I think we had kind of discussed this too. I guess I would suggest adding something to the letter. I mean if somebody called the office we have a language line that we could utilize. But to me that's about the only way that I know of that we would actually be able to facilitate somebody taking the survey. Day\ So if we were to find someone say in social services or neighborhood centers or someplace that there was a connection maybe we could hopefully utilize them to help translate if need be into different languages. I don't know that they we, we'd have to pay them for it. I'm just asking that. Bowers\ I mean when people come into the office and English is not a language either that they speak or one they are comfortable speaking. There's a chart that we use that basically asks what language do you speak, but it's in a lot of different languages. The person just has to point. So I Human Rights Commission April 12, 2011 Page 8 of 11 mean I guess to me if they can call the office we, the staff would have to do it over the phone through a three -way conversation, but I mean we do that. I mean it's not a problem for us. Finnerty\ And there is not a problem with identifying who they are or anything that way? They have to give their name or anything? Bowers\ To call the language line no. We would do that, no it would be my name, but again you know if they said something as Sue said that was pretty unique, then... Finnerty \Thank you, we'll see what comes up. BUILDING BLOCKS TO EMPLOYMENT Bowers reported that 9 employers had registered for the Job Fair. FAIR HOUSING PROCLAMATION Day accepted the proclamation on behalf of the Commission at the City Council meeting on April 5th. DELVING INTO DIVERSITY The next meeting date for this program is April 21 st. DIVERSITY DAY Finnerty reported that it went well. She suggested that the Commission pass out brochures explaining what the Commission does at the event next year. SPEAKER'S BUREAU Day would like to change the name of this program to Faces of Iowa City. The advertising for this program will use the department email address. YOUTH AWARDS Bowers updated the Commission on the Youth Awards program. FAIR HOUSING TRAINING Olmstead will introduce the speaker and do the closing. BULLYING PROGRAM Olmstead updated Commissioners on this program. REPORTS OF COMMISSIONERS Lubaroff mentioned the Iowa City Synagogue had a Mitzvah day which drive and also packing dry food to be sent overseas. A local African addition, Lubaroff is heading up an initiative with the Senior Cente r Olmstead reported on the anti - discriminatory dolphin. ADJOURNMENT Lubaroff moved to adjourn. Olmstead seconded. The motion passed 5 -0 at 19:14 means 'good deed'. It included a blood American church also participated. In concerning Advance Care Planning. Human Rights Commission April 12, 2011 Page 9 of 11 C v C N L I F Human Rights Commission ATTENDANCE RECORD 2011 KEY: X = Present 0 = Absent O/E = Absent/Excused NM = No meeting/No Quorum R = Resigned - =Not a Member NAME TER M EXP. 1/18 2/15 3/15 4/12 5/17 6/21 7/19 8/16 9/20 10/18 11/15 12/20 ianne Day 1/1/12 X X X X fangui athua 1/1/12 O/E O/E 01E O/E lartha ubaroff 1/1/112 O/E O/E X X oward owen 1/11/113 X X X O/E onstance ,oeb I/1/13 X X X O/E arry Imstead 3 -1 -2010) 1/11/13 O/E X X X ►rville ownsend, r. 1/1/14 X X X X liane innerty 1/11/114 X X X X ►avid B. Irown 1/1/14 X X X O/E KEY: X = Present 0 = Absent O/E = Absent/Excused NM = No meeting/No Quorum R = Resigned - =Not a Member