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
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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.
The meeting was adjourned on a 6 -0 vote (Dyer absent).
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PLANNING AND ZONING COMMISSION APPROVED
MAY 5, 2011 — 7:00 PM — FORMAL
LOBBY CONFERENCE ROOM, CITY HALL
MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Elizabeth Koppes, Michelle Payne,
Tim Weitzel
MEMBERS ABSENT: Wally Plahutnik, Carolyn Stewart Dyer
STAFF PRESENT: Bob Miklo, Christina Kuecker, Sara Greenwood Hektoen, Doug
Boothroy
OTHERS PRESENT: Mary Knudson, Ryan O'Leary, Lindsay Park, Anne Bendixen,
Luke Stewart, Sandy Stewart, Thomas Paulsen, Yolanda
Frudden, Crystal Cavanaugh, Ron Christensen, Jean Walker,
Jeremy Freerks
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.
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).
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MINUTES
HISTORIC PRESERVATION COMMISSION
APRIL 14, 2011
EMMA HARVAT HALL
LZb 5
APPROVED
MEMBERS PRESENT: Kent Ackerson, Esther Baker, Thomas Baldridge, William Downing,
Andrew Litton, David McMahon, Ginalie Swaim, Dana Thomann, Alicia
Trimble, Frank Wagner
MEMBERS ABSENT: Pam Michaud
STAFF PRESENT: Christina Kuecker
OTHERS PRESENT: Helen Burford, Thomas Hobart, Frannie Malone, Sean Malone, Jean
Walker
RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action)
None.
CALL TO ORDER: Chairperson Trimble called the meeting to order at 6:00 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA;
There was none.
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
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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