HomeMy WebLinkAbout2011-09-01 Info PacketL
CITY OF IOWA CITY
www.icgov.org
CITY COUNCIL INFORMATION PACKET
SEPTEMBER 6 SPECIAL WORK SESSION
IP1 Council Meetings and Work Session Agenda
IP2 Summary of Pending Work Session Items
IP3 Memorandum from the City Manager: Lobbyist Services
MISCELLANEOUS
IP4 Memorandum from the City Clerk: KXIC Radio Show
September 1, 2011
IP5 Memo from Director Public Works & Director of Planning and Community Development:
Update: Flood Related Activities
IP6 Grant Wood Neighborhood Association Newsletter— September 2011
IP7 Letter from Lee Grassley, Mediacom, to the City Clerk: NFL Network and NFL RedZone
IP8 Copy of email from Jerilyn Fisher to Director of Transportation Services: Rights of Transit
Riders
IP9 Article from City Manager: Has the IPAD Found Its Niche in Local Government?
IP10 Minutes: Joint Meeting of the Johnson County Board of Supervisors, Iowa City
Community School District, Clear Creek Amana School District, and City Councils of
Iowa City, Coralville, North Liberty, and Tiffin: August 24, 2011
IP11 FEMA Congressional Advisory Background Information on the Disaster Relief — August
30, 2011
DRAFT MINUTES
IP12 Board of Adjustment: August 17, 2011
IP13 Human Rights Commission: August 16, 2011
IP14 Planning & Zoning Commission: August 18, 2011
I - i
City Council Meeting Schedule and IP1
CITY OF IOWA CITY Work Session Agendas September 1, 2011
www.icgov.org
♦ MONDAY, SEPTEMBER 5
Holiday — City Offices Closed
♦ TUESDAY, SEPTEMBER 6 Emma J. Harvat Hall
6:00p Special Work Session
• MPOJC Committee on Future Transit Needs [Agenda # 22]
• ECICOG Services Presentation
• Agenda Items
• Lobbyist Services [IP3]
• Information Packet Discussion [August 11, 18 & 25]
• Council Time
• Budget Priorities
• Summary of Pending Work Session Issues [IP2 ]
• Upcoming Community Events /Council Invitations
• Discussion of Meeting Schedules [IP4]
♦
TUESDAY, SEPTEMBER 6
Emma J. Harvat Hall
7:00p Regular Formal Council Meeting
TENTATIVE MEETING SCHEDULE
SUBJECT TO CHANGE
♦
MONDAY, SEPTEMBER 19
Emma J. Harvat Hall
5:30p Regular Work Session
♦
TUESDAY, SEPTEMBER 20
Emma J. Harvat Hall
7:00p Regular Formal Council Meeting
♦
MONDAY, OCTOBER 3
Emma J. Harvat Hall
5:30p Regular Work Session
♦
TUESDAY, OCTOBER 4
Emma J. Harvat Hall
7:00p Regular Formal Council Meeting
♦
MONDAY, OCTOBER 17
Emma J. Harvat Hall
5:30p Regular Work Session
♦
TUESDAY, OCTOBER 18
Emma J. Harvat Hall
7:00p Regular Formal Council Meeting
♦
TUESDAY, NOVEMBER 1
Emma J. Harvat Hall
5:30p Special Work Session
7:00p Regular Formal Council Meeting
♦
MONDAY, NOVEMBER 21
Emma J. Harvat Hall
5:30p Special Work Session
♦
TUESDAY, NOVEMBER 22
Emma J. Harvat Hall
� = 1
. ®07I,
City Council Meeting Schedule and
CITY OF IOWA CITY Work Session Agendas September 1, 2011
www.icgov.org
7:00p Special Formal Council Meeting
♦ TUESDAY, NOVEMBER 29 Beckwith Boathouse
1:00P -5:00P Special Work Session — Strategic Planning Session Terrill Mill Park
5:00p -7:00p Orientation (current and incoming Council)
♦ WEDNESDAY, NOVEMBER 30 Iowa City School District
4:00p Joint Meeting Administrative Offices
♦ MONDAY, DECEMBER 5 Emma J. Harvat Hall
2:00p -5:30p Special Work Session — Strategic Planning Session
5:30P Regular Work Session
♦ TUESDAY, DECEMBER 6 Emma J. Harvat Hall
7:00p Regular Formal Council Meeting
IP2
SUMMARY OF PENDING WORK SESSION ISSUES
9/1/11
Recommendations from Partnership for Alcohol Safety re:
Changes to 21 Ordinance Exceptions (SEPTEMBER 19)
Sanctuary City — Joint Meeting with Human Rights Commission (SEPTEMBER 19)
Executive Session — Collective Bargaining (SEPTEMBER 19)
Space Needs Study /Master Plan — Draft Report (NOVEMBER 21)
Neighborhood Housing Issue — Owner - Occupied Homes with "Renters"
Review Function of Boards /Commissions: Explore Possible Consolidations
September 19 — 20
October 3 — 4
October 17 -18
November 1 (Combined)
November 21 — 22
CITY OF IOWA CITY 1P3
M E M 0 RA N D U
Date: August 19, 2011
To: City Council
From: Thomas M. Markus, City Manager
Re: Lobbyist Services
Introduction
From time to time, the City of Iowa City depends on the services of a lobbyist to assist the City
in defining an issue and lobbying our state legislature, governor's office, and the administrative
departments of the State. To date, lobbying efforts have been through our elected officials,
administrative staff, and our affiliate organizations (i.e. The Metro Coalition and the Iowa League
of Cities; both of which retain the services of lobbyists).
History /Background
In recent conversations with administrative staff and elected officials, the issue of securing the
services of a lobbyist for the City has been discussed. Various cities across the State utilize the
services of a lobbyist specifically selected to represent their interests (see attached list).
Iowa City has been successful in lobbying efforts by our City Councilmembers, including past
and present Mayors Ross Wilburn, Regina Bailey, and Matt Hayek. Additionally, senior
administrative staff have served in this capacity. As noted above, our affiliate organizations also
lobby on our behalf.
Having a lobbyist may be able to assist on issues such as the:
1. Amtrak train service;
2. Legislative action to modify the impact of the ruling of the State of Iowa Supreme Court
regarding conversions and taxation of apartment cooperatives;
3. Special legislative issues similar to the Crandic Railroad flood control improvement permits;
4. State grant facilitation, etc.
While we maintain an excellent rapport and relationship with our current Johnson County
Delegation, they are one party dominant. Utilizing a lobbyist would enhance our ability to have
regular contact with State legislators on both sides of the aisle.
Discussion of Solutions
I have met with a likely candidate to discuss the provision of lobbying services to the City and
what that service package would look like. Utilizing a contractual arrangement would, in my
opinion, be more efficient and less expensive than having a designated full -time employee
handle such an assignment. Typical services included in a scope of work would look something
like the following:
Development and maintenance of relationships with members of the Iowa legislature,
legislative leadership, and the executive branch to effectively represent the interests of the
City of Iowa City;
August 19, 2011
Page 2
2. Provide assistance in policy development and in the preparation of a government relations
plan to support the City of Iowa City's legislative interests;
3. Monitor State legislative and regulatory issues with potential impact to the City of Iowa City.
Attend all appropriate committee hearings, rules meetings, legislative functions and other
events to promote the interests of the City of Iowa City;
4. Meet with legislators, executive branch, and other stakeholder lobbyists to discuss
weaknesses or merits of specific bills and to influence passage, defeat, amendments, or
introduction of legislation favorable to the City of Iowa City's interests;
5. Regularly communicate with the City of Iowa City concerning current and potential
legislation, regulations, and related issues that could have an impact on the city. Including
regular updates on legislative activities during the legislative session as arranged with the
City Manager and a weekly written update on legislative actions and impacts;
6. Attend City Council meetings quarterly. In addition, participate in staff meetings as needed
and requested by the City Manager;
7. Outreach, coordination, and collaboration with individuals and groups that have interests
similar to the City of Iowa City including but not limited to the Iowa City Area Chamber of
Commerce, the Metropolitan Coalition, and the Iowa League of Cities;
8. Develop with the City Manager and his staff appropriate grassroots messages that reflect
the City of Iowa City's concerns regarding legislative proposals. These written messages
can then be used to influence leaders to move the city's legislative agenda;
9. Plan and coordinate meetings between the City of Iowa City, legislators, and the executive
branch to discuss legislative issues and proposals;
10. During the time the legislature is not in session, provide reports on issues of interest or
concern to the City of Iowa City including, but not limited to, action taken at interim
committee meetings, rulemaking hearings, status of task forces, and proposed legislation
and regulations.
The estimated cost to retain a city lobbyist should be approximately $25,000 - $30,000 per year.
If the City Council concurs with me that the appointment of a city lobbyist would provide a
valued service to the city, I would recommend that staff be authorized to prepare the appropriate
RFQ /P (Request for Qualifications /Proposal) in order to select a contract city lobbyist.
Recommendation
Authorize and direct the City Manager to prepare a RFQ /P for the provision of lobbying services
to the City of Iowa City; including an opportunity for interviews of the potential candidates by the
City Council and administrative staff.
Cities in Iowa with a Lobbyist from General Assembly web site
City
Lobbyist
Amount Reported
Cedar Falls
Eide and Heisinger
$11,000
Cedar Rapids
Murphy /Grant
$60,000
Cedar Rapids
Avenson, Oakley, and
$17,500
Cope
Clinton
Merdon, Suepple, and
$16,079
Downer
Coralville
Avenson, Oakley, and
$27,500
Cope
Des Moines
Fitzgerald, Joyce and
$61,575 (includes
Associates
expenses)
Dubuque
In -house employees
a percentage of their time
and salary.
Waukee
Brick Gentry (Rafferty)
$300
West Des Moines
Avenson, Oakley, and
$35,874
Cope
Urbandale and Windsor
Brick Gentry (Rafferty)
$3000
Heights Sewer District
Iowa City Area Chamber
Avenson, Oakley, and
$5000
Cope
I
®-�fi CITY OF IOWA CITY
,
1P4
MEMORANDUM
Date:
August 31, 2011
To:
Mayor and City Council
From:
Marian K. Karr, City Clerk
Re:
KXIC Radio Show
We are booked through September 7 but need to schedule for the next few weeks. Please take
a look at your calendars and come prepared to help fill in the schedule at your work session:
September 14
September 21
September 28
October 5
October 12
October 19
October 26
U: rad ioshowasking.doc
IP5
�t6a -4 CITY OF IOWA CITY
MEMORANDUM
Date: September 6, 2011
To: Thomas M. Markus, City Manager
From: Rick Fosse, Director of Public Works
Jeff Davidson, Director of Planning and Community Development
Re: Update: Flood Related Activities
Engineering Division (Rick Fosse, 356 -5141)
• The demolition of buyout properties continues. This includes preparing, contracting and
inspecting the asbestos abatement and structure removals.
Dubuque Street Elevation and Park Road Bridge Reconstruction Project
• HNTB Corporation led a horizontal alignment workshop with City staff and the University
of Iowa on August 3 to begin the reasonable alternatives discussion.
• HNTB staff continues with Park Road Bridge studies.
• Continued refinement by City staff and HNTB of 500 +1, 100 +1, and 2008 +1 roadway
conceptual alternatives to include horizontal alignment options north of Taft Speedway
and a skewed Park Road bridge alignment.
• HNTB continues work on draft Environmental Assessment.
• Concurrence Point / Review Package #2 and Public Meeting #2 Summary to be
submitted to the Iowa DOT and FHWA for review the week of August 29.
• Continued coordination with the University for Mayflower and Hancher flood mitigation
projects.
Wastewater Treatment Plant Consolidation Project
• Coordination with IDNR on submitted material
• Finalized Geotechnical Report
• Finalized review draft of Energy Tech Memo 12
• Prepared report on clarifier inspections
• Work on aeration basin P &ID's for blower and DO control
• Developed roof options for Bio- Solids storage area
• Design work on aeration basin air piping modifications
• Preparing construction sequencing plan for project improvements
• Design coordination and review
• Incorporation of review comments from city and BC
• Continued work on investigating septage receiving station alternatives
-2-
Rocky Shore Drive Pump Station and Floodgates Project
• City inspected and confirmed inlet and outlet pipes to existing Rocky Shore structure are
in good condition.
• Forwarded available seepage control measures along the CRANDIC RR from the
Terracon regional seepage model
• Continuing to work on north side environmental hurdles. Forwarded environmental
report to Ben Clark noting the wetland and endangered species concerns in the area.
Noted the environmental limits to not extend far enough east, additional environmental
work is needed if the north side is the preferred location. City is working on impacted
area on the north side of the CRANDIC RR.
• City confirmed CDBG will not reimburse the City for removable panels which leaves few
options, such as a gate, for closure of the Rocky Shore underpass.
• State passed legislation extending the population range to include Iowa City for
CRANDIC RR liability.
West Side Levee
• Property acquisition has started.
• Environmental Assessment documents such as the wetland mitigation report and
archaeological investigation report are currently being reviewed by the appropriate
agencies.
• An RFP has been issued for consulting services necessary to perform a mussel survey.
Taft Speedway Levee
• The first public meeting was held on August 25th to collect public input.
• The consultant is currently compiling and reviewing notes and comments gathered at the
public meeting and from the project website.
• The consultant will begin to evaluate various flood mitigation alternatives based on the
information collected.
• Next public meeting is scheduled to be sometime this November. The results of the
consultant's preliminary review of alternatives will be presented and additional public
input will be collected at this meeting.
Water Division
River Crossings
• Two 12" water main crossings located by the old plant and at Hwy 6 are essentially shut
down at this time.
• The University of Iowa has completed an environmental /archeological study and review
for the river crossing sites located at the old plant and Hwy 6. The report recommended
a Phase I field visit be performed a by an architectural historian prior to proposed
construction activities.
• The old plant site has been reviewed and approved to proceed.
• The Hwy 6 site by the University of Iowa contractor has been completed and approved
to proceed.
• Public Works is awaiting notification from FEMA that the funds have been obligated in
order to proceed with completion of design, and contract bid, award and construction of
the projects.
-3-
Water Works Prairie Park Source Protection
• Review of environmental study information has been submitted to SHIPO and the City is
awaiting environmental clearance confirmation as required by CDBG rules.
• Plans and specifications will be placed on the City Council agenda for approval at the
next meeting.
• The project's proposed schedule.
• City Council Notice of Public Hearing on Plans & Specification — 9/20/11
• Project Bid Proposals — 10/13/11
• City Council Award — 10/18/11
• Specified Start Date — 11 -7 -11
• Final Completion Date — 9/30/12
• The engineers estimate for the project is $428,100
Planning and Community Development (Jeff Davidson, 356 -5232)
One more property (724 Manor) was acquired with Community Development Block
Grant (CDBG) funds. A total of 75 residential properties have been acquired with
disaster recovery buyout grants. Of the 75 properties, 36 properties have been acquired
using CDBG funds, 33 properties with Hazard Mitigation Grant Program (HMGP) funds,
and six properties with Community Disaster Grant (CDG) funds. A total of 66 properties
have been demolished in the Parkview Terrace and Taft Speedway neighborhoods.
• Iowa City held its first Taft Speedway Flood Mitigation Study meeting on August 25th.
The meeting discussed the process and timelines of the study and gathered input from
attendees. HDR, the firm conducting the study, will now review public input and start to
develop and initial list of flood mitigation alternatives.
• Six homes in Round 3 of the Single Family New Construction Program have been built
and sold. Nine more homes will be completed and sold this fall. There will be a total of
31 owner - occupied affordable housing units built in the third round.
• Iowa Department of Economic Development will be conducting an on -site visit on August
31St, 2011 to monitor the Business Rental Assistance Program and the Loan Interest
Supplement Program.
• Applications for Federal Jumpstart funds for repair, rental rehabilitation, down payment
assistance and interim mortgage assistance are still being accepted and funds are
available. To date, $869,500 in Federal Jumpstart funding has been used to assist 18
households.
• Due to the possible rescission of federal grant funds, staff is continuing to provide
information to our Congressional offices in Washington on the City's active federal flood
recovery and mitigation grants. Staff is also providing information to our state
representatives regarding the status of our flood recovery efforts.
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N21ghborS Melissa Brobston
Grant Wood
Neighborhood
Association
I have worked my way across the state of Iowa: growing up on a farm by a
Grun+Wood Neighborhood.org
small town in the northwest corner before moving to Iowa City from Waterloo
Co- Chairs
Cindy Roberts
in zooz. I have been converted to a true Hawkeye fan, attending football games
Cindy - roberts @uiowa.edu
with my fiancee, Chad. I also have a cat, Mister. He is a big, orange, puffball
open position
and found me when I was looking for a cat to adopt at the animal shelter.
Secretary
Holding a music education degree from Wartburg College and a master's
Tracy Middleton
degree in trumpet performance from the University of Iowa, I own a private
tmmiddleton_ww @yahoo.com
lesson studio where I give music lessons out of my home. Current students
Treasurer
of all ages play the piano and trumpet, although I can teach any band instru-
open position
ment. I have openings for the fall semester; please contact me for details at
Event Coordinators
mbrobston @cr.k12.ia.us. I also teach band lessons at Roosevelt Middle School
open positions
in Cedar Rapids.
This summer I began teaching group piano lessons at Grant Wood Elemen-
Newsletter Editor
Nick Bergus
tary through the Share at Wood Program. Lessons were held once a week dur-
nick@bergus.org
ing the month of July, and is students participated. Students seemed eager to
Website Editor
learn something new. It was a great experience!
Diana Lei - Butters
I enjoy biking on the Sycamore Greenway Trail across from the elementary
chi - lei @uiowa.edu
school. I also appreciate living in a quiet neighborhood where cultural and
Community Garden
artistic opportunities are accessible.
Coordinator
Friday Night Roller Skating at Grant Wood
Alicia Trimble
aliciamtrimble @yahoo.com
We offer free, fun, family entertainment: roller skating at Grant Wood Elemen-
Communication
tary Gym! The first hour, from 7 to 8 p.m. is for families and slower skating,
Coordinator
Cindy Roberts
the second hour from 8 to 9 p.m. is for more experienced, speedy skaters. Skat-
cindy- roberts @uiowa.edu
ing is free, but a dollar or an ID is required as deposit to borrow a pair of skates.
Iowa City Neighborhood
We have skates available in sizes for young children through adults but no one
Y g g
Services Coordinator
under io years old will be admitted without a parent or responsible adult.
Marcia Bollinger
Want to put on a workshop?
marcia- bollinger @iowa- city.org
The neighborhood association currently has a very small volunteer base
g Y Y
Care to fill an opening?
Contact Cindy Roberts at
to support our workshops and events. We want to tap into the talents of our
cindy - roberts @uiowa.edu.
residents who may have an interest or skill, and who want to help organize or
Between Newsletters
host a workshop to share this information. This past year, we had one resident
For information and
announcement between
plan and teach a beginning knitting class. Another resident offered free piano
issues of the almost - monthly
lessons for a month during the summer to a dozen children at the Grant Wood
newsletter, visit our Website
at grantwoodneighborhood.
summer program.
Possibly you know how to ballroom dance, or are skilled at sewing, or know
org.
someone who really likes to share their knowledge of gardening. The Grant
If you want to be added
the GWNA news e -mail list,
Wood Neighborhood Association can help fund these activities for materi-
send your name and e -mail
als or door prizes, provide a meeting space for you, and help with publicity.
address to Cindy Roberts,
We always like getting ideas for possible workshops, but we also need people
cindy- roberts @uiowa.edu.
to come forward and help move it from the idea stage to the make -it- happen
Mission
e. Contact Cindy Roberts if you are interested and would like more infor-
stage. Y Y
The GWNA exists
improve the overall quality
q
mation.
of life in the Grant Wood
neighborhood.
Publicize Your Business, Service, or Skill
Many within our neighborhood have a private business, such as a daycare,
The association achieves
its mission by building
lawn service, handyman service or hair salon. Maybe a teenager who is willing
relationships by bring
to pet or babysit. Or maybe you're interested in making some extra money by
toether
throughtsoc alevents
offering seamstress services or house painting.
as well as educational
We want to help publicize these services by putting information on our
opportunities, enhancing
safety and security, making
"Nei htborhood Resource" page on the association's website rantwood-
g p g , g
improvements, and using our
neighborhood.org. Part of what makes any community stronger is supporting
public parks and facilities to
promote volunteer activism.
local businesses and neighbors. Please contact Diana Lei - Butters at chi -lei@
uiowa.edu with your information, including your name and your business's
name, website, phone number and e -mail address.
�!Q%�j1j'('YMOD Grant Wood
V�`"' — __ +1�1
Services
Market Place
As a part of the FasTmc
job skill building pro -
G
starts Nov rJ
gram, FasTrac Youth En,
Program is
MARKET The Grant Wood Elementary School gym will
currently tak
currently taking cus-
become the host location for the first Iowa City
tomers for fall cleanup
���� off - season farmers' market, also known as the Grant
and snow removal. This
Wood Market Place. The vendors who have partici-
is a continued effort to
pated in the downtown farmers' market have regu-
fund and support jobs
fatly asked that an off -season market be established in Iowa City, and the three
for students and support
trial markets held last spring proved to be a great success. The Grant Wood
programs for the 2011,
Market Place will be held on Nov- 5, Nov. r9, Dec 3, Dec rsr, Jan. 7, Jan. zr, Feb.
2012 school year. New
4, Feb. 18, March 3, March rst, April 7, and April zr.
customers are welcome.
All markets are on Saturday and will run from z -4 p.m. Get ready to have
Free estimates provided
fresh produce, baked goods, plants, soup mixes, jams and jellies, fresh meats
for one -time, monthly or
and cheeses, and gift items available just down the street! If you have ques-
seasonal work. Call 341-
tions about the Grant Wood Market Place, please contact Marcia Bollinger at
oo6o or 936.6611 to set
Marcia - Bollinger @iowa - city.org or at (3n) 356.5237.
up your service today!
Party in the Park GWNA to host
The Grant Wood Neighborhood Association
will be sponsoring the upcoming Party in the Park
at Fairmeadows Park on Thursday, Sept. 15 from
6:30 to 8 p.m.
Everyone is invited to attend for an evening of
fun and entertainment, including live music by Hot
Club of Davenport, as well as games, arts and crafts,
and ice cream — all at no charge! FasTrac students
will also be at the park with the FasSnac van selling
all kinds of treats and sweets.
Building a Garden
You're all invited to join the Iowa City Parks and
Recreation Department and Backyard Abundance
for the second Community Garden Build at the
Edible Forest Maze, in Wetherby Park on Sunday,
Sept. 18, from 3 to 5 p.m.
Whether you're a seasoned gardener or have
never gardened in your life, this is an opportunity
to discover your very own green thumb. For infor-
mation contact Joyce Carroll at (34 356 -5100.
Holiday Markets
In addition to the regular market places at the
Grant Wood Elementary School gym, the Grant
Wood Neighborhood Association has scheduled
two holiday markets that will coincide with the
downtown holiday markets held in the Robert A.
Lee Recreation Center. The markets will be held
Nov. rz and Dec. to. Both Saturday holiday markets
will run from 8 a.m. to i p.m.
Applications are being accepted to be a vendor in
the Holiday Market with a priority given to Grant
Wood and Wetherby neighborhood residents. If
you would like an application packet, please contact
Jody Bailey, Neighborhood Services Intern at johly-
bailey @iowa - city.org or at (34 356.5231-
Board Volunteers
We 're still looking fee folks to h« our remaining board opening:.
Please consider volunteering. If you are interested, contact Cindy Roherts, our co-
chair, at dads- roberts @uiowa.edu
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Mediacom
August 22, 2011
City of Iowa City
410 E. Washington St.
Iowa City, Iowa 52240 -1826
Dear City Leader:
We are pleased to announce that Mediacom and NFL Network have reached a new,
long -term agreement for carriage of NFL Network and NFL RedZone.
On or about September 11, 2011 the NFL net work will be added on channel 186 to the
Digital Plus tier of service. There will be no additional charge to current Digital Plus
subscribers and new Digital Plus subscribers will be charged the current rate of $12.00
per month. NFL RedZone will be offered as an ala carte service available on the
Premium Group at channel 187 for a one -time fee of $49.95 for each NFL season.
The customer must have NFL Network (Digital Plus) in order to subscribe to
RedZone.
Additionally, NFL Network HD on channel 766 and NFL RedZone HD on channel
767 will be launched with no additional charge to subscribers.
If there are any questions please contact me at bra si 'tf�� _i i ��r�� c �: or
319 - 268 -5033.
Sincerely,
Lee Grassley
Senior Manger, Government Relations
le-
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C
Marian Karr 1 IP8
From: Jerilyn Fisher <jerfisher @mchsi.com>
Sent: Tuesday, August 30, 2011 8:04 PM
To: Chris O'Brien; Tom Markus
Cc: Council; Marian Karr; Eleanor M. Dilkes
Subject: RE: Rights of Transit Riders
Mr. O'Brien,
Many thanks for your quick response. Many of the regulars on the Rochester Route are interested to see how this
matter is resolved. Last night the operator in question was driving the bus in which I returned home (5:15 pm
outbound). The driver was very friendly and cordial with the passengers, and upon exiting, each passenger received a
hearty, Thank you! Have a nice evening!" I wasn't surprised, however, when I exited through the front door and offered
my traditional "Thank you and have a nice evening," that all I saw or heard was the driver staring straight forward with
jaws firmly clinched. Not much question as to how the operator feels about me, eh? Oh, well. Such is life.
One thing I am interested in learning is what your thoughts might be on the creation of a document that outlines the
specific rights of Iowa City Transit Service passengers. I know that there is a great deal of interest among the regulars on
the Rochester route in a riders' bill of rights being drafted.
Many thanks for your assistance is this most important matter.
Jerilyn McCarty Fisher
90 Amhurst Street
Iowa City, Iowa 52245
- - - -- Original Message---- -
From: Chris O'Brien [mailto :Chris- OBrien @iowa - city.org]
Sent: Wednesday, August 24, 20113:24 PM
To: Tom Markus; 'jerfisher @mchsi.com'
Cc: Council; Marian Karr; Eleanor M. Dilkes
Subject: RE: Rights of Transit Riders
Ms. Fisher,
I wanted to let you know that I have reviewed your e-mail and want to thank you for answering my follow up questions
during our phone conversation on Monday, August 22. We have included that information along with a review of the
video from the bus to investigate the incident that you outlined. I want to assure you that we will be discussing the
incident with the operator involved in the incident. We appreciate you taking the time to bring our attention to any
issues that occur that you feel are below your service expectations. Feel free to contact me directly in the future should
you have any questions or concerns.
Thank you for your continued support of public transportation.
Chris O'Brien
Director of Transportation Services
City of Iowa City
(319)356 -5156
Chris- obrien @iowa - city.org
- - - -- Original Message---- -
From: jerfisher @mchsi.com [mailto:jerfisher @mchsi.comj
Sent: Friday, August 19, 20113:53 PM
To: barb -morck @iowa - city.org
Cc: jerfisher @mchsi.com; Council; Marian Karr; Tom Markus; Eleanor M. Dilkes
Subject: Rights of Transit Riders
Ms. Morck,
I am a long -time rider of the Iowa City Transit System, and overall my experiences have been incredibly positive.
However, in recent weeks I have been witness to several incidents of riders being harassed, publicly humilitated, and
emotionally and abused by a transit drive with extensive seniority, as I understand it. These incidents include, but are
not limited to, abusive behavior and speech toward riders with physical and /or mental disabilities, as well as threatening
and intimidating riders into submission.
The driver's manner is frequently brusque, abrasive, insulting, aggressive, intimidating, and the driver's ill behavior and
comments are not leveled exclusively at and /or about riders on the bus —rude comments are frequently directed to
anyone who will listen about individuals outside the bus, be they drivers or pedestrians, with whom the transit driver
takes issue.
Additionally, I have phoned in a two occasions with complaints about the actions of this particular driver (in that case,
the complaints had to do with the driver's driving habits that were creating an unsafe situation for riders) and was met
with a tone and attitude that confirmed that 1) multiple complaints have been entered about this particular driver, and
2) nothing would likely be noted, written up, and discussed with the driver and /or the driver's supervisors.
Last night was the crowning "glory" for this driver's abysmal behavior, and I could no longer allow a horrible incidence of
injustice go unchallenged. As I boarded the bus downhtown I mentioned to the driver that one of our'regulars,' an
elderly and extremely physically disabled rider, was some distance from the bus and likely wouldn't be able to make the
trek to the bus and I knew that the driver was unable to see her. Because the vast majority of drivers are incredibly
courteous, thoughtful, and helpful, I anticipated hearing "thanks," with some assurance that the rider would be picked
up as the bus neared where she was standing. Instead, the driver became extremely combative and hostile, and, in a
nutshell, verbally accosted me. I cannot begin to tell you how upsetting the entire incident was.
I have been on the Web site for the Iowa City Transit Division, and although I found a document intended for riders,
which includes all the do's and do- not -do's for riders (http: / /www.icgov.org /default / ?id= 1518), I did not find any
document where the rights and /or expectations of riders was described, such as being assured ofa safe trip, to the best
abilities of the driver and the conditions of the streets & traffic, and to be treated with dignity and respect by the transit
driver. As I have noted, I could not find anything that addresses the riders' rights.
Last night's incident was extremely upsetting to me. I have given the matter a great deal of thought, and following
conversations with my fellow riders, both last night and this morning, I know that something absolutely must be done to
either correct the actions and behaviors of the driver in question, or, if the behaviors cannot be changed, to hopefully
reassign the driver to a desk job where he /she will not have any further face -to -face (or phone!) interactions with the
public.
We, the riders of the route, have heard that the driver in question wants to be permanently assigned to our route, and I
can assure you that the riders of that route will NOT be happy if this request is granted.
As noted earlier, I am well aware from things that the driver and other drivers have said that the driver in question has a
long tenure as an unionized employee of Iowa City, and perhaps it's that tenure that leads the driver to believe that
he /she can get away with this abominable behavior without reprimand or discipline.
I have briefly familiarized myself with the wording of the Iowa City employees' AFSCME contract, and I would like to
learn from you what actions we, the riders, can and need to take to ensure that the rights of the transit riders are
protected from the verbal assaults of this abusive driver.
Thank you very much for your time and attention and for any assistance you can provide in remedying this most serious
and important matter.
Jerilyn McCarty Fisher
90 Amhurst Street (Rochester Route)
Iowa City
430 -5227 (mobile phone)
jerfisher @mchsi.com
innovation edge I iPad value
BY TONI SHOPE AND KAREN THORESON
HAS THE 1PAD
FOUND ITS NICHE
it Al,t1ttsl 'tilt), t'Jt:
that Ilimly localities are turni[i'; to
11 "Ids to cillii uct 4 ;t}ve'rtttn `ltt busi-
nc'c [11a.t�almic called 010)
tho "Year of the Wad.— lit ail attetllpt ;C)
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'Hic rllaiority of those using 11 "I is he"'all
by lestillg their use Wall elected hcikjie° ,
boards, and - "erlior _eta ;.f €o assst 1sith
elilttlll<:tttfi�, 11'IL;f,' a111k)UE1iS £)1 papeC.
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colltlC.lilletn )er with approxi €ltateiv
10,000 pages of ilIfortrlatioll List ,ear,
,:l)emfing 51.8,000 to prc)dUCO ay,e[l(ta
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.IsSenthle the inaterlal or trxl- �pcirtatio €t
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e t`[t nt:llk' c hahe:tgirig tit he IHO ti)
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dingy ,:i I%Il?e! and Print cos* , rt,,
helping €n lni itisli'v the t €p -frow, CxPitai
(°(1 +t of pLnCitt trlr;the innovative techni)l.
he 11"ads piin:II <Is i by l i<tltipt011 WV
�t'tell iOUllcilmetiihe rs and Sit �i'[11EtC statt
paid Im. thenls'Ives Ill six [llonth's,
f :ire 'a"ist' I`reel alit, Caltttlir i<l,
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:lac' lth r1, the file tiix nloitths. b 'world
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Couniv, Florida. slirled bI l..iguillg
lads ttl t t:a 1'1 stall to test. will, (the
tic) d i . elimillatin" l:: proli colliputerS
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since depioycti 2.7 € oils to cot im, ad
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IP9
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Case Study: Williamsburg, Virginia
(population 12,481)
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nlectill weft' El 1e "ed the iYnon of pill
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1tiC, s coot. ;fit €e'. :i +t ll tilt' it +ltl would
bec kite the property tt' [ilk, olillllt)tve
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ill }`*iii, .le,dge' \e€%vorkt 1,i
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ii. "[tIL1Ensllii_g ptlrchasesr� ant':
nstalle'd .Ill cis husFne>
requires (?n €ht• Wait HAHl;utatePl)t: milt
1)ocut.hent to ('ot. 1 hc) city uplookk
at,erida tllatk n,tls !I) its selves with I
direct link kill tilt Wild blo"v "e'r that
a litorriaticativ opens ill Iran ot,i e"
Ac'.ditiona`: appht :tiitris c,ari he
purchased arltl nsta;led at t minci €nwill-
ber Ur elllptovee' expellse ihftl.:,s
26 PUBLIC MANAGEMENT G SEPTEMBER 2011 icma.orgipm
a business expense. The IT department concerns about the ability of council-
provided training to councilmembers
and staff on how to use the device.
Within 10 months, Williamsburg
recouped its costs.
Currently, Williamsburg is piloting
the use of iPads in building inspec-
tions, choosing to replace its Panasonic
Toughbooks with less costly iPads.
Future plans include the possibility of
using iPads in disaster response and
public safety.
Williamsburg is purchasing the 3G
version for employees who are using
them in the field. For further informa-
tion, contact Mark Barham, IT director,
mbarham @williamsburgva.gov.
Run the Numbers
News reports are questioning whether
iPads impede transparency in local gov-
members to e -mail, text, or chat during
a meeting without those conversations
becoming part of the public record.
Current users of iPads feel it adds
nothing new to the mix that hasn't been
available for years, including e -mail, text
messaging, and private conversations.
Localities in California— Hayward and
Redwood City —are addressing this
through policies to prohibit councilmem-
bers from receiving or sending e -mail and
text messages during council meetings.
Early- adopting localities recommend
running the numbers and being objective:
Do you know your paper, print, and staff
cost to produce agenda packets?
Localities also need to assess the
readiness of their council and staff: Are
they tech savvy already or willing to
learn new technology?
Because of concerns about transpar-
ernment. State open records laws vary ency, knowledge of how iPads relate to
across the nation, and iPads are raising your state open records laws is paramount.
Profiles of leadership and management in action
Demonstrate your commitment to professional
development and lifelong learning!
Although it's not yet confirmed that
this technology has filled a need in local
governments, early- adopting communi-
ties have helped move the signs in a
positive direction. PSI
ENDNOTES
1 Katharine Lackey, "iPads Saving Cities
Paper Costs," USA Today, August 10, 2010,
www.usatoday.com/news/nation/201 0-08-09-i pad -
government_N.htm.
2 Elizabeth Daigneau, "Tablets: Government's
Newest Tool," Governing, March 2011, www.
govern ing.com/topics/technologyfTablets-
Governments-Newest-Tool.html.
3 John C. Eagle, "Hampton's Experiment with
iPads Draws Attention of National Media, Other
Cities," Hampton Chronicle, August 12, 2010,
www.hamptoncommons.com /ipad- story.
TONI SHOPE is east
regional director,
Alliance for Innovation,
Cornelius, North
Carolina (tshope@
transformgov.org), and KAREN THORESON is
president, Alliance for Innovation, Phoenix,
Arizona (kthoreson @transformgov.org).
"The ICMA Credentialing Program encourages and inspires me to
continue to develop professionally. As we evaluate our staff, we
continually remind them of the importance of learning and improving. Just
as we expect our staff to improve, we should challenge one another —as
ICMA professionals —to do the same; I believe the ICMA Credentialing
Program provides such an incentive."
Hugh Walker
Deputy City Manager
City of Bryan, Texas
ICMA Member since 1989
ICMA-CM since 2004
Join the growing number of those who have earned the ICMA -CM designation.
View a list of recently credentialed managers at icma.org /NewCred
ICMA Credentialed Managers are viewed with growing distinction by local governing bodies and
progressive, civically engaged communities. For more information, visit icma.org /credentialedmgr
icma.org /pm SEPTEMBER 2011 1 PUBLIC MANAGEMENT 27
M IP10
Joint Meeting
Johnson County Board of Supervisors
City of Iowa City
City of Coralville
City of North Liberty
City of Tiffin
Iowa City Community School Board
Clear Creek Amana School Board
August 24, 2011
Minutes
The joint meeting was called to order at 4:30 p.m. Johnson County Supervisors present: Janelle
Rettig, Rod Sullivan, Pat Harney, and Terrence Neuzil. City of Iowa City elected officials
present: Matt Hayek, Susan Mimms, Connie Champion, Terry Dickens and Raj Patel. City of
Coralville elected officials present: Mayor Jim Fausett, Bill Hoeft and John Lundell. City of
North Liberty elected officials present: Gerry Kuhl, Tom Salm, Brian Wayson, Terry Donahue,
Coleen Chipman. City of Tiffin elected official present: Chris Ball. Iowa City Community
School Board members present: Patti Fields and Tuyet Dorau.
Supervisor Rod Sullivan announced the passing of Linda Severson. Linda had worked for the
MPOJC for the last ten years, but was a long term human services advocate in Iowa
City /Johnson County.
Supervisor Janelle Rettig spoke regarding the pending federal legislation that might limit the size
of areas that can become MPOs. If this change occurs, Iowa City would lose their federal
designation and federal funding. Several cities have sent letters. Rettig encouraged all local
entities to send letters of support to their legislators regarding this matter. The letter writing
campaign for food pantry funding was also encouraged. If all member institutes participate, it
makes the likelihood of attention better.
Iowa City Assessor Baldridge and Johnson County Assessor Greazel presented the impacts of
the Supreme Court decision on the classification of condominium/rental property from
commercial to residential through the filing of paperwork to deem the property as a co -op. The
actual numbers won't be determined until the actual number of units declare co -op. Iowa City
could have $360,000,000 in valuation affected. Coralville could have $60,000,000 and North
Liberty $10,000,000. Ail will be watching to see how this turns out.
Supervisor Harney updated the group on the Justice Center project. The supervisors have
requested qualifications for the design of the facility. A referendum is possible in Fall 2012.
Iowa City School Board member Patti Fields presented an update on the successful start of the
school year. The official student count will be taken in October.
Fields provided information on Borlaug Elementary opening next fall. The district has been
working with parents and families regarding the boundary changes. The plan is to address the
unhappy transitioning families to make the move as smooth as possible.
Paul Bobek from Iowa City Schools updated the group on the move of the Central Offices to the
new building on North Dodge Street. The plan is to be relocated into the new facility in mid to
late September.
Tracey Mulcahey from North Liberty provided information about the City's unveiling of their
sustainability plan at a community event, Taste of North Liberty, on September 11 at the
Community Center from 11 a.m. to 2 p.m. Supervisor Neuzil added that something special was
being planned at the federal level for noon on Sept. 11. The event plans to incorporate that
special time into the event.
The next Joint Meeting will be held at the Iowa City Community School District in their new
North Dodge facility with an open house and tours at 4 p.m. and meeting starting at 4:30 p.m.
The meeting was adjourned at 5:15 p.m.
L Lq
o�eAr`F�
FEMA
ND S�GJ�`
U.S. Department of Homeland Security
Federal Emergency Management Agency
Legislative Affairs Division
Telephone: 202-646-4500
FEMA CONGRESSIONAL ADVISORY
BACKGROUND INFORMATION ON THE DISASTER RELIEF FUND
AUGUST 309 2011
We are receiving several questions about how FEMA will continue to fund the different disasters
states are continuing to recover from, as well as the immediate response and recovery efforts for
Hurricane Irene. To help address these questions, we are providing the following background
information on the Disaster Relief Fund. If you have any questions, please don't hesitate to contact
us at (202) 646 -4500.
Our immediate focus is to continuing doing everything we can to support our state and local
partners as they respond to Irene and meet the immediate needs of disaster survivors, and we have
the resources needed to do this. To make sure we have all the resources we need to do this, FEMA
is placing some funding restrictions on longer -term repair, rebuilding, and mitigation projects from
previous and current disasters that are funded through the Disaster Relief Fund.
In other words we are implementing what we refer to as "immediate needs funding," a strategy that
is not new and that we have used in previous years to help preserve disaster relief funding for
immediate needs. This will not impact the individual assistance disaster survivors are receiving for
losses from recent disasters, like the tornadoes, and will not affect the availability of aid for any
people who suffer losses from Hurricane Irene and qualify for federal disaster assistance.
It is very important that that the disaster survivors we serve understand what this means. Under
Immediate Needs Funding:
• Current or future disaster survivors will continue to receive their individual assistance
payments from FEMA to help replace or repair damages to property or cover other personal
losses. This is true for disaster survivors in Alabama, Mississippi, Missouri, North Dakota,
and all other states recently impacted by tornadoes or flooding.
States will be continue to receive funding reimbursement for debris removal, emergency
protective and response measures, and assistance to help with housing missions, mission
assignments, and other critical needs. Longer -term recovery projects for open disasters that
had already been submitted by states will continue to receive funding. The only projects that
will temporarily be impacted are longer -term recovery projects and hazard mitigation
projects that were not already in our system. To be clear— funding will not be eliminated for
any of these projects, but merely put on hold until additional appropriations are made
available.
Immediate Needs Funding is not a new strategy — it has been implemented in previous years to help
preserve the funding for the Disaster Relief Fund. Specifically, Immediate Needs Funding Guidance
was released in 2003, 2004, 2005, 2006, and 2010, as a precautionary measure to preserve the
balance of the DRF until Congress allocated additional funding.
FEMA does not "divert" funds from one disaster to pay for another disaster. As
Administrator Fugate explained during a briefing for the media:
"We are not taking any money away from survivors. When we go into [Immediate Needs Funding]
use money that continues to provide funds to all the individual assistance programs for all of the
open disasters. It also continues to provide funding for the emergency protective measures and
debris removal. What it does do, we stop funding new work in older disasters that have not already
been in the system to maintain funds to continue to support the survivors, as well as the response to
this disaster. We're working very closely with the White House on what funding may be needed as
part of that will be based on what the damage assessments we do see from this storm."
Again, this Immediate Needs Funding strategy will not affect our preparation or response operations
for Hurricane Irene or any event in the coming weeks or months, and current and future eligible
disaster survivors will continue to receive individual assistance payments, which help begin their
recovery process by covering some of their personal losses. In addition, eligible states will continue
to receive funding for emergency response work or protective measures. We look forward to
continuing to work with all of our partners toward our common goal — to protect the people and
communities we serve and help states continue to recover from Hurricane Irene and other disasters.
IP12
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
August 17, 2011 — 5:15 PM
CITY HALL, EMMA HARVAT HALL
MEMBERS PRESENT: Brock Grenis, Adam Plagge, Caroline Sheerin, Will
Jennings, Barbara Eckstein
MEMBERS ABSENT:
STAFF PRESENT: Sarah Walz, Sarah Holecek,
OTHERS PRESENT: Kirk Murray, Wim Murray, Julie Riggert, RR Mount Vernon
(name illegible), Annie Pedersen, Lee Eno, Steve Streb,
Elden Prybil, Steve Ballard, Phillip Prybil, Linda Prybil
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL: Grenis, Sheerin, Eckstein, Jennings and Plagge were present.
A brief opening statement was read by the Chair outlining the role and purpose of the
Board and the procedures that would be followed in the meeting.
CONSIDERATION OF THE July 13, 2011 MEETING MINUTES:
SPECIAL EXCEPTION:
EXC11- 00004: Discussion of an application submitted by Kirk and Wim Murray
for a special exception to allow a reduction in the rear principal building setback
requirement for property located in the Medium - Density Single - Family Residential
(RS -8) zone at 1026 Fairchild Street.
Walz noted that she gave a letter to the Board from the neighbors Thomas Fast and
Jennifer Carpe of 1118 Fairchild Street and also included new information and photos
from the property owner to the north. She noted that she would be going over the memo
that was provided to the Board and hoped that it would address any issues that they had
from the previous meeting.
Walz said that after the last meeting the applicant has inquired why the north property
line should be considered the rear property line and what the purpose of the rear yard is.
Walz explained in the memo that on a square corner lot the zoning codes states that one
of the lot lines opposite the street right -of -way must be designated the rear lot line. There
are no guidelines for which property line should be chosen. Walz acknowledged that for
this reason the applicant could resubmit her application declaring the west property line
as the rear lot line. However, Walz said, for the present application the north property
line is designated as the rear.
Walz explained that the proposed addition is centered above the existing footprint of the
house. The existing footprint will not change. The second floor addition would be 10
feet from the north property line with the first floor structure unchanged at 12 feet. In
terms of the west property line the existing structure is five feet from the property line,
and the new addition on top would be set back 12 feet. She noted that because it is
arbitrary as to which lot is the rear lot line it makes the situation peculiar.
Walz stated that the situation is more peculiar because there are two small properties that
are nonconforming. The subject property they is set back 39 feet from Center Street,
more than twice the minimum setback. Meanwhile, the adjacent property to the north is
set closer to Center Street than the minimum setback required. Both properties are set
approximately 10 to 12 feet back from the property line that they share.
Walz stated that the purpose of the rear set back is to provide private space for each lot
for uses or structures that the owner or occupant may not want on the street side of the
property line, including accessory structures.
Walz summed up stating that in staff's view the application is not contrary to this setback
regulations regarding privacy and the physical relationship between buildings for the
following reasons; the subject lot is square and reverse corner lot. Also, the surrounding
neighborhood is characterized by homes that are set close together at their side lot lines.
The subject property currently provides 12 feet of separation at the ground level and that
will not change with the new addition. The house is modest in size and would add 143
square feet of living area to the second floor. Both the subject property and the property
to the north provide the 10 to 12 feet of separation from their property line with about 20
to 24 feet over all.
The applicant has provided an elevation showing their intent to place the windows
approximately 5'6" from the floor at the sill height. Walz also noted that these windows
would not open to mitigate any concerns of the adjacent neighbor regarding noise.
Sheerin asked for any questions for staff.
Kirk and Wim Murray, Iowa City, Iowa, are the applicants/home owners. Wim thanked
the Board for having the extra meeting. She stated that the contractor came up with the
new window design to address privacy issues. They do not want to make their neighbor
unhappy and they plan to live at the house for a long time. Sheerin asked if there were
any questions for the applicant.
Julie Riggert, Iowa City, Iowa, the occupant and owner of the 509 Center Street. She
thanked the Board for the extra meeting and all the effort that was put into it. Riggert
stated that the bottom line would be that if you sat on her deck the view is now a wall.
Over half of her tree will come down and the tree only has leaves three months of the
year and the rest of the time she would be looking at a window and a wall. It will block
the sun on the south side corner of the house. She noted that she uses her yard and deck
year round and that is one of the reasons she purchased the house. Her yard gets lots of
light. Riggert stated that the addition remains a privacy issue. She stated that she has no
problems with her neighbors. She is afraid they will not always be her neighbors, and if
the house sells it might become a rental. She feels the house is not conducive to a large
family. If it does become a rental there would be 19 and 20 year olds up in the window
and that could affect the value of her property. Her home is very small so there would be
a limited population who could buy her home. There are steep steps so it would not be
for the elderly. She feels that the only people that would buy her home would be a single
person or a single person with a child and thinks this addition would invade their privacy.
Sheerin asked if there were any questions for Riggert.
R.R. (name illegible), Mount Vernon, Iowa, is the significant other of Julie Riggert. He
noted that in the all towns were required to produce a comprehensive plan and
subdivision ordinances to stop what is happening to these non - conforming properties.
The original owner of the house split the house off and built a house for his son and
daughter -in -law. Now you have two noncomplying houses and the state stepped in and
said: enough, this can't happen anymore. The house to the west has had four owners.
The applicants' house has 3 bedrooms with 1 on the first floor and 2 upstairs. He feels
that if you vote in the addition you are adding to the noncompliance and then it may
create more of a problem down the road.
Sheerin asked if there are any questions for the speaker.
Annie Pedersen, Iowa City, Iowa, is Wim's (applicant's) aunt. She stated she
understands the objections and that these homes are older and that perhaps they shouldn't
be changed. This is a neighborhood area that is meant to be residential. She thinks that
the worry that Riggert shared about the house one day becoming a rental is part of what
has invaded the north side and areas to the west of the subject property. Pedersen stated
it is good to encourage families to stay in the area and that change is not a bad thing.
This is a small addition and doesn't feel that the privacy will be affected any more than
what it already is because the houses are already close together. She feels the plan is very
reasonable, very thought out and planned solution to the problem that the Murray family
has.
Sheerin asked if there are any questions for Pedersen.
Lee Eno, Iowa City, Iowa, is the contractor working with the Murrays on the plan. The
biggest concern from the last meeting was the privacy issue and the discussion of
windows. Eno asked the Board members that were not present at the last meeting if they
had any questions concerning his drawings of the windows and the remedy for the
privacy issue.
Jennings asked for confirmation that in order for a room to be considered a bedroom it
has to have a ratio of window to floor space. Walz responded by stating that the window
just has to provide egress. Eno confirmed that yes there would be an egress window on
the Center Street side. Jennings stated that in the report the steps to mitigate are raising
the having a non - opening window and raising the height of the windows without
compromising the structural integrity of the wall. Eno stated that five feet six inches is
the window height.
Sheerin asked about the glass. Eno stated it was a regular, transparent glass. He felt that
raising the height to 5'6" would eliminate the need for obscurity. He indicated that 5'6"
would be eye level for him. He said that if obscuring the windows were required it would
be difficult.
Eckstein stated she was one of the absent Board members and feels that the drawings are
clear and the proposed change is also clear.
Sheerin asked for any further questions.
Sheerin asked if there were any other public comments for or against the application.
Sheerin closed the public hearing.
Eckstein moved to approve EXC11- 00004, a special exception to reduce the rear
setback requirement for the principal structure at 1026 Fairchild Street from 20 feet
to 10 feet subject to the following conditions:
• The setback reduction applies to the proposed addition only;
• Substantial compliance with the site plan and elevations as submitted by the
contractor;
• The north facing window will be at the level of five feet six inches and the
window will not open;
Seconded by Jennings.
Sheerin asked if the Board wished to discuss the motion.
Jennings stated that the cause for conflict or resolution has been shifted a little bit from
the previous meeting. Initially it was an issue of privacy as well as infringement on the
use of one's property with objections based upon that. What was mentioned today were
issues of blocking the sun because of raising the height of the building. Jennings is
wondering if this is a new issue. Sheerin responded that this is a new issue from the last
meeting. Grenis stated at the previous meeting he felt one of the issues was general
standard two: that the exception not be injurious to the use and enjoyment of other
property. He felt it was fair to the applicant to have all Board members present to weigh
in on the issue and that is why they decided to wait for this meeting.
Eckstein stated that when she first read the report in July she was sympathetic to both
points of view and the complexity of living in the Goosetown Neighborhood, which she
is familiar with having lived there herself. She felt, however, given the conditions that
everyone has to work in the neighborhood, she believed it would be inappropriate to deny
the Murrays application with the accommodations they had made. The buildings are very
close together and that compromises the privacy you would have if you lived in a
different neighborhood with a larger lot. However, she stated, she didn't feel that the
request to reduce the setback was unreasonable.
Plagge stated he agrees with Eckstein that the addition doesn't seem to be out of
character with the surrounding neighborhood. He understands the privacy concerns and
some can be mitigated by the conditions noted. It was discussed about the shaded
windows or texture on the glass to make the windows opaque. Plagge feels that Riggert's
point that at some point in the future there may not be a person under five feet living
there. He would like to see that point addressed. With an adult living there they would
be able to peer out and look onto the Riggerts deck. Sheerin agreed that the applicant
has done a lot to mitigate an awkward situation. She would also like to see an opaque
glass in to make it as private as possible.
Jennings commented as someone that lives on the north side in an area of both rental and
owner - occupied properties that houses that are built very close together. He explained
the privacy issues with his own house and that of the neighbors next door. Changes in
ownership that may happen five to twenty years down the line may infringe in the
ownership value in the investment. That being said it is difficult to conjecture the impact
of who will move, when or where. What is clear is that the conflict is a family wants to
build an addition to the house to enable them to stay at the location and a neighbor is
concerned that the addition will infringe upon her privacy. Jennings feels that the
applicants are doing everything within their power to mitigate the effect of the addition
on the neighbor's privacy issue.
Sheerin asked for any further discussion.
Sheerin asked the Board for findings of fact.
Eckstein outlined the specific standards. The property is a square corner lot that is close
to both properties in either direction. The 20 foot rear setback requirement is not possible
at this location. The existing first floor of the house is 12 feet from the property line to
the north, and the property is smaller than the typical lot in the zone. There is practical
difficulty complying with the setback requirements given the peculiarity of this property
and its neighbors and the small lot size. The house was set back deep into the lot so the
front setback is much larger than the requirement. That means it has short backyard
setback.
The logical location for an addition would be above the existing first floor structure
which is preferable to extending the first floor. Granting the special exception will not be
contrary to the purposes of the setback regulations. Those are to maintain light air
separation for fire protection and access for fighting. To provide opportunities from
privacy between dwellings to reflect the general building scale in placement of the
structures in Iowa City neighborhoods. To promote a reasonable physical relationship
between buildings and residences and to provide flexibility to site a building so that it is
compatible with other buildings within the vicinity. Staff agrees that the application is
not contrary to the purposes of the setback regulations because the lot is square and small
and the house is set deep back in the lot and the rear setback is only 12 feet on the first
floor and those things cannot be changed.
The surrounding neighborhood is characterized by small lots that are densely built. It is
not unusual for homes, especially on corners, to have side setbacks of 10 feet or less in
any manner of other differences. The house currently provides a 12 foot setback from the
north property line. The addition would extend out only two feet beyond the existing
north wall of the house. The house will remain modest in size with the addition.
Any potential negative affects resulting from the setback exception are mitigated to the
extent practical including raising the north facing window to a height of five feet six
inches. Making the window not able to open and using a window that is not see - through.
The subject building will be located no closer than three feet to a side or rear property
line. This proposed addition would be located 10 feet from the rear, north, property line.
Sheerin outlined the general standards. The specific proposed exception will not be
detrimental to or endanger the public health, safety or general welfare. It will not be
injurious to the use and enjoyment of other property in the immediate vicinity or
substantially or diminish property values in the neighborhood. It will not impede the
normal and orderly development and improvement of the surrounding property for uses
in the permitted zone.
Due to the square shape of subject lot and its relation to the adjacent property to the north
the rear setback functions practically as a side setback. The surrounding neighborhood is
characterized by small lots with densely built housing. It is not unusual for homes in this
neighborhood to have a side setback of ten feet or less. The property will keep a 10 foot
setback from the north property line and a five foot side setback from the west property
line. In addition a 10 foot side setback has adequate space for fire separation and
firefighting access.
The house is modest in size and the proposed addition will increase the living space by
143 square feet and will be located above the existing first floor of the house. The
proposed addition is set back 39 feet from the side street lot line such that the addition
will not interfere with the street visibility right of way. The glass in the window facing
the north side will be opaque to increase the privacy for the neighboring property.
Adequate utilities, access roads, drainage and /or necessary facilities, here all necessary
utilities are available at the site. In regards to the ingress or egress setback will not bring
this structure any closer to the street and will have no effect on visibility or contribute to
congestion.
This conforms to all regulations and standards of the zone. In order to secure a permit the
applicant must submit a site plan to the building official to show it will conform to other
zoning requirements.
The Comprehensive Plan does not address this situation directly though it does encourage
reinvestment in the Iowa City established neighborhoods.
Sheerin asked for an amendment to the motion. Eckstein stated that opaque seems not to
be the word to describe the window visibility. She noted that you would want light in the
room but not the ability to see through it. Sheerin asked if translucent would be a better
word. Eckstein agreed. Walz suggest that the Board makes it subject to staff approval.
Eckstein moved to amend the recommendation to say that the window on the north side
be such that it allows the passage of light into the room but not visibility out of the room.
The final design is subject to staff approval.
Jennings seconded motion.
A vote was taken and the motion carried 5 -0.
Sheerin declared the motion approved, noting that anyone wishing to appeal the decision
to a court of record may do so within 30 days after the decision is filed with the City
Clerk's Office.
EXC11- 00007: Discussion of an application submitted by Streb Construction Co.,
Inc. for a special exception to allow a concrete manufacturing plant in the General
Industrial (I -1) zone on Independence Road, north of 420th Street and south of
Liberty Drive.
Walz showed the zoning that surrounds the property within city limits. She pointed out
the rural areas and stated that those counties are (R -1). The city does not have control
over the zoning of county land, but these are areas within the Iowa City growth area. If
the areas are rezoned or develop beyond what the county allows the county comes to the
City for the recommendation for rezoning. Being within the growth area boundary means
that by 2025 the City foresees the likelihood that this land will be brought into City
limits —that it will be served by local utilities, streets, services, etc.
Walz showed a large view of the area. The industrial zone begins east of the First
Avenue Highway 6 intersection and extends heads east. The industrial area has been
there for some decades. There are some (CI -1) zones nearby that may be characterized
by outdoor storage or display uses. There is a manufactured housing in an area north of
the railroad tracks on the east side of Scott Boulevard with the Village Green
neighborhood to the west.
Walz pointed out on the comprehensive plan for the City includes a vision for the
industrial zone to expand outward to the east. She pointed out where city limits lines are.
Walz pointed out on the Southeast District Plan map showing the industrial areas and
noting that the plan was passed within the last year and involved two years of extensive
public input, including invitations to all surrounding property owners in the county to
meet with staff one -on -one. Any and all were invited to attend the public meetings to
plan for the district.
Walz stated that the reason for industrial zoning in this area because industrial uses
typically need two things: flat land and access to rail and or highway. The City views this
area as prime industrial land because it has those things.
Walz stated that the memo indicated that concrete batch facilities are allowed in two
zones. She corrected that the use is actually allowed in three zones: the Heavy Industrial
zone (I -2) allows the use by right; in the intensive commercial (CI -1) and the general
commercial (I -1) the use is allowed by special exception.
Walz explained that a special exception is different from a variance or re- zoning. Special
exceptions are written into the code with specific criteria that attempt to address those
externalities that are typically associated with that use. In this case the zoning code states
heavy manufacturing uses in the (CI -1) and (I -1) zones are limited to concrete batch mix
plants. Concrete batch mix plants must meet the standards with the first being that a
proposed use must be located at least 500 feet from any residentially owned property.
The property is within the city and it is approximately 2000 feet from the residential areas
to the north.
The second criteria, is all proposed outdoor storage and work areas must be located and
screened adequately to reduce dust and visual impact of the proposed use of surrounding
properties. The applicant has provided an updated site plan showing the plant with the
screening. The site plan shows that around the perimeter of the site, which is the north
half of the lot, S3 evergreen screening is provided. The City staff asked that the
screening be of quick growing variety. Behind the row of evergreens the site plan shows
a line of fast growing deciduous trees. The City has recommended using poplars. The
other suggestion made by the City is that the screening be brought along to the west side
of the active use area on the site, between the stormwater facility and the active area of
the site. Any areas that are not paved or graveled would be covered in turf grass.
Walz noted that the applicant as indicated that the first 50 feet of the drive will be paved
in order to prevent dragging gravel onto the public road. Any parking on the site is also
required by code to be paved. The rest of the active work area will be gravel and
eventually changed to a paved surface over time. Walz indicated that the board has the
authority to require hard surface paving over gravel.
In regards to the dust control for the facilities this facility is a wet batch facility which is
typically less dusty than dry batch facilities. The particular equipment that is used has a
bag house which is an "industrial vacuum cleaner" as described by the DNR. Dust is
subject to EPA standards and to establish the facility the applicant would have to get a
permit from the DNR to show they are controlling for dust.
Walz explained that a concern was raised by a neighbor to the property about calcium
carbonate dust. The applicant has indicated in a letter that he does not use that in the
process. Walz noted that she checked with Iowa State Extension crop specialist Jim
Faucet about the effect of batch facilities on adjacent crop land. Wals said he indicated
he is not aware of any issue in regards to these facilities a negative effect on nearby crop
land. Faucet also stated in regards to the calcium carbonate is something that is applied
to crops. He stated that the facility would have an effect on crops similar to being located
next to a heavy used gravel road.
The third criteria pertains to traffic circulation and access points. Walz stated that Iowa
City has improved 4201" Street specifically for the purpose of serving the expanded
industrial zone. This street is a City standard street with turn lanes. The road is meant
for the kind of heavy traffic that is put out by an industrial zone.
Walz stated that there has been some concern expressed about the height of the towers.
This is not an issue that is addressed by criteria for the special exception. The criterion is
principally concerned with the active area of this site, the conveyers, the outdoor storage
or anything that is dispensing dust and noise. There are other tall structures that are
located in the industrial zone. There is the Alpla plant further to the northwest that has
large towers directly adjacent to the residential zone. The City plans an area of greater
separation between the industrial area and future residential zones. Within the industrial
zone, buildings are allowed to be up to 45 feet in height with additional height allowed
provided the structure is set back further for each foot of height.
Walz summarized that the applicant is seeking approval for a site that is located in the
middle of the industrial zone at the far edge of Iowa City —a site that has direct access to
the highway along a road that is built specifically for industrial users. City staff
recommends approval of the special exception subject to use being located on northern
half of the lot and substantial compliance with the site plan submitted with addition of the
screening along the western portion of the property and that approval is limited to a wet
batch facility.
Brenis noted that the mention of additional screening on the west side is not noted in the
memo. Walz confirmed that the would need to add this condition to their motion.
Eckstein stated she didn't understand why the Board received a safety data sheet about
calcium chloride. She wondered if it was suppose to be calcium carbonate. Walz stated
that the applicant just submitted that information and that the Board would need to ask
him directly.
Plagge asked about the (I -2) zoning if it was the only industrial zoning that would allow
this. Walz stated that there was (I -2) zoning on South Riverside Drive, which is a salvage
yard that also been granted a special exception. The only other (I -2) zone is south of
Burlington Street between Kirkwood and Benton Street where a portion of the City
Carton facility has (I -2) zoning. In time this zone will go away and the City will no
longer zone (I -2) in the center of town. Plagge asked if both areas were already
developed. Walz confirmed they were already developed. She also stated that the City
does not have a lot of (I -2) zones because there is not a lot of demand for it and they do
not encourage many heavy industrial uses.
Sheerin asked for any further questions for staff.
Steve Streb, Riverside, Iowa, with Streb Construction stated the City did a good job in the
description. He felt like there was some confusion when he talked to Mr. Prybil about
calcium chloride that is used in concrete to speed up the curing process. That was the
subject of the safety data sheet that Eckstein asked about. Streb stated he was confused
by the terminology chloride and the carbonate. The carbonate, which Prybil was
concerned with is the dust from the rock piles. Eckstein asked if she understood that the
calcium chloride solution is a liquid. Streb confirmed that is correct.
Walz clarified that calcium chloride solution may be used at a construction site but not at
the batch facility. Calcium carbonate is the dust from the rocks that would be stored at
the facility.
Streb continued saying that calcium chloride is used to speed up the curing process. In
twenty years they have only had to use the solution once. There were time restrictions on
when they were able to do the work. Streb explained that you had to mix the solution
with the batch right before you use it because otherwise it would harden to quickly which
is why they wait to mix until they are at the site.
Streb stated that in 1998 they had come to the board with the same idea on a different lot
in the industrial zone. The three reasons it was denied were the facility would be the first
use to go up in a new industrial park and it might discourage other uses from locating in
the park. The second was the potential noise pollution and dust may have a negative
impact on near by agricultural and residential uses. The final was that 420th street was
not in a condition to handle the high level truck traffic that the plant would generate.
Streb noted that 4201h Street has been improved recently. He provided pictures of various
businesses located near bath plants in the area to demonstrate that businesses do locate
next to concrete plants. In the ten plus years since the last Board of Adjustment the
technology has gotten so much better by way of controlling the dust from the mixing
process. They do follow EPA and DNR regulations and they do site visits. The
equipment has improved with the super suckers that have huge cartridges that collect the
dust and the cartridges have to be changed either twice a year or yearly.
Streb stated that the potential dust that has a possible negative impact on the nearby
agricultural fields and they were not prepared for that concern with the 1998 special
exception. He noted that the City has addressed the issue well with the information from
the Iowa State Extension office. The dust that is being talked about that affects their
crops is what is hauled every fall onto farmland to lower the pH balance of the ground.
He is unsure on how this concern could be a negative impact on the agricultural plants.
Walz clarified that while the board had denied the special exception in 1998, City staff
had recommended approval at the time.
Streb stated that Walz had asked him what the maximum height would be. He wasn't
sure what height so he did research and picked a height of 53 feet. Walz stated that the
screening is designed to minimize views of the active portion of the site, the conveyors,
truck activity, and out door storage. Many uses in an industrial zone are allowed to be 45
feet in height and higher. There are certain uses that do not have a height restrictions at
all. Streb stated that his point was that the maximum height would be the 53 feet for his
facility, but that it may be lower.
Sheerin asked if there were any questions.
Jennings asked Streb if all the areas in which the dust would occur are or if there were
other ways to mitigate the dust besides the super sucker. Walz stated that the applicant
could address the equipment and how that handles the dust. The DNR has requirements
that would address the dust issue. Streb noted what happens at the other plant that they
own in Coralville is that they use a water truck. The DNR and EPA do not allow fugitive
dust to leave the site. He discussed other ways that they can elevate the dust it would be
to drop heights from conveyors onto stacks.
The agro kit that comes in is wet. If there is a dry spell then they use the water truck to
help stop the dust and then the screen would be a huge factor in mitigating that dust.
Jennings asked if the instillation of the mechanical filtering devise addresses issues
within the mixing process. Streb confirmed that was correct and that there are standards
that they have to follow. He discussed the process of a dry plant and stated what he is
proposing is a wet batch plant. The water and aggregates go into a drum to minimize the
dust then it mixes in the drum and then is dumped either into a dump truck or a mixer
truck then transported to its site.
Grenis asked if Streb had already applied for the air quality permit from the DNR. Streb
said they have not yet applied but they are aware of the standards because they do
currently have the permit at the Coralville location. Grenis asked if it was correct that
they would only be paving a portion of the driveway. Streb said yes there plan is to pave
at least the first 50 feet of driveway to elevate any gravel from getting onto the public
road, then over they would pave the entire area with leftover mix that comes back on the
trucks. Sheerin asked about how long the process would take to pave the entire area.
Streb stated probably three years depending on how well his men calculate their yield.
Sheerin opened the issue for public discussion.
Elden Prybil, Iowa City, Iowa, is the owner of farmland next to the proposed location.
He noted he is pro Iowa City and they have done much in support of the area. Prybil
stated that there was an incorrect statement made by the City from the County extension.
Calcium carbonate is a large factor in growing healthy crops as well as lime. These are
spread on the ground and not on top of the foliage because that is what kills the plant.
Prybil asked the board how the lot line would go on this property that is proposed.
Eckstein asked for clarification to Prybil's question. Prybil stated he wanted to know
where the lot line would be and if it would touch his lot line. Walz stated that his lot line
is shared with the proposed area. Prybil stated that they are in the county and that the lot
line is rural Johnson County is different than Iowa City he asked that it be explained.
Walz responded that she was not aware of any difference and deferred to Holecek for
clarification. Holecek stated that Prybil shares a property line along the eastern boarder
with the proposed site. Walz stated that at the time that the applicant submits the site
plan they will have to show that the construction of the facility is on their own property.
Prybil stated that there would have to be a three foot easement in rural Johnson County.
Walz responded stating that if that is a requirement then the applicant would be required
to do that. She stated that the applicant would be subject to all easements that exist on his
lot as well as any setback requirements from the City. Holecek confirmed that Prybil was
correct that in the Johnson County zoning code that you would not be able to build closer
than three feet to the adjoining lot line —that would apply to land in the county only.
Prybil stated he would like clarification from Walz about the fast growing trees and the
other row behind them. Walz stated that City staff suggested that applicant puts a row on
the outside of fast growing evergreens that meet the (S3) standard that grow to a height of
no less than six feet. Behind the row of evergreens, closer to the facility itself, there is a
row of deciduous fast growing trees such as poplar. That way there would be height to
catch any additional dust and views of conveyors.
Prybil asked if the City would allow this fast growing tree to shade his crops to hinder his
yield. Walz stated that it would be allowed. Prybil noted that he would not allow it.
Walz continued stating that it would be regarded similar to a warehouse built in that
location —anyone in that location would be allowed to build according to the zoning
codes. Prybil asked where the row of fast growing trees would be located. Walz stated
approximately 10 feet off of the property line and confirmed another row would be about
10 to 20 feet behind the first row. Prybil stated then that the second row would be on his
property about 10 feet. Walz corrected Prybil stating that nothing is allowed to be on his
property, that it is only allowed on the applicant'sown property. She stated that the
applicant would not be approved for a permit if he proposed to put anything on Prybil's
property. Walz also noted that anything put on Prybil's property could be removed at his
discretion.
Prybil asked if anyone has been to the other sites where concrete plants are located. Walz
stated she didn't know if any of the Board members had but she has been to locations.
Prybil asked if there was any greenery around those places. Walz stated that most of the
plants are in Coralville and they do not have the same standards.
Prybil reiterated that he was concerned about his crops.
Walz wanted to correct herself if she had misspoken that the Iowa State Extension crop
specialist and he did say calcium carbonate is applied to crop land not crops. She asked
him specifically the impact such a facility would have on crops. The crop specialist
indicated that he was not aware of anything beyond what one would experience on a well
traveled gravel road.
Holecek clarified when Walz was explaining where the trees would be for the screening it
would be 10 feet away from the property line with the next interior screen of trees
another step toward the interior. There would be a significant separation between
Prybil's property line and the screening of trees.
Sheerin asked if there were any other comments.
Steve Ballard, Iowa City, Iowa a lawyer representing the Prybil family investments.
Steve went over a power point that he created. He showed a picture of the Prybil
properties.
He addressed the special exceptions requirements. The first is the notion that the
property has to be located 500 feet from any residentially zoned property. He doesn't
have any objection or contest that it is there. He was glad that the City pointed out that
there is property where people are going to be concerned and affected by what the Board
decides. The proposal pretty close to the 500 feet from a residential use. He feels the
Board will serve everyone well if it considers the people that are on the other side of the
property line, especially if the City staff is saying that the City will grow out in that
direction in the next 10 to 15 years.
Ballard stated that the next requirement is proposed outdoor storage is located and
screened adequately to reduce noise, dust and the visual impact. He stated that it is going
to be a big facility. The proposal is to use trees as screening for a 53 foot facility. He
stated that the City noted that the present zoning if the special exception is permitted
would allow a 45 foot facility and with further exception it could be as tall as 53 feet.
Ballard stated that there is no natural buffer in that area. He said it will be years before
the trees will be adequate enough to screen and even at full maturity the trees will not
provide a protective buffer.
Ballard said it would be a good idea for the Board to go out and see these other concrete
properties to be able to see the heavy traffic. This produces a lot of dust, noise and large
piles of aggregate sand. He showed pictures of the Streb Concrete plant that is located
out in Coralville pointing out the retaining wall, the lack of vegetative screening, the
conveyors, and the large towers. The plant is located near Lowes on the south of
Highway 6. Ballard noted that there is a gravel road that ends somewhere south of the
Iowa Interstate Railroad. He pointed out that it is not just straight gravel anymore. There
is the concrete matter that is now also apart of the road. Ballard showed a picture of a
tower noting there is a regular spray a certain amount of dust that comes out of the tower
about every 10 to 15 minutes while in operation. He showed a picture of a bridge that
had a large amount of dust that goes down the intake into the stream below. He asked
that a video be played. The video would not show up on the screen for all to see. Ballard
stated that the video shows the dust in the area.
The next requirement is the traffic circulation. The roads in the industrial zone were
designed for the (I -1) general industrial use not the heavy industrial use as proposed.
Ballard stated the next criterion is that the exception won't be detrimental or endanger
public health, safety, comfort or general welfare. He feels that the staff report doesn't
address the negative impact that the concrete plant is going to have on the surrounding
properties. Plagge asked if he had any studies or evidence that shows decreased crop
reduction next to concrete plants. Ballard stated he did not but that someone else would
speak to the agricultural aspect. He said he is more concerned with things that the Board
decided in 1998 saying the plant wouldn't be good then and he feels it still wouldn't be
good now.
Ballard noted that the plant will be visible for years; the dust created will have a negative
effect on businesses in the industrial park. There was a concern in 1998 if business
would locate in the industrial park if the exception was approved then. There are
businesses there now and farther to the east there is a proposed growth area that is mostly
industrial. He feels there will be that same concern of whether business will locate in the
future growth area if there is a concrete plant there. He encourages the Board to go back
and look at the 1998 file and staff reports.
There is an e-mail in the packet from one of the closest neighbors. The neighbor told
Ballard that he felt this would be a disaster for him because he keeps his doors open to
accommodate the employees with the fresh air, which would not be possible if there was
dust everywhere.
Ballard pointed out that the Prybil's have donated land to the City for use as a road to the
East of his property that is adjacent to the applicants' property. He showed the Southeast
District plan and explained that the purple area is designated as general industrial. Plagge
stated that Ballard had stated that the purple area is currently owned by his clients and
their concerned about potential development of the crop land and the nature because of
this. Ballard clarified that not all of the area in purple is owned by his client but some of
it is. They anticipate that at some point their crop land may be developed. That is one of
the reasons that they permitted the dedication of the road to facilitate a north south
thoroughfare. They are concerned not for the present agricultural use but for the future
industrial use. There are some notes from some real- estate agents saying that this will
negatively affect property values.
The Southeast District plan talks about encouraging green development. There is public
support for encouraging green development in future industrial areas. Ballard states that
this application is not encouraging green development.
Ballard stated that there has been discussion about how there are some other commercial
uses near by the industrial zone as well as in the zone. It seems that for those commercial
uses that currently exist or that might locate nearby this would be detrimental for them.
The next criterion talks about not impeding normal and orderly development. The
Southeast District plan talked about general industrial zone not heavy industrial use. It
talked about green development and not batch concrete plants.
Ballard summed it up by stating that their view is the plant is going to change the
character of the light industrial zone and general industrial zone. That it is inconsistent
with the Southeast District plan and that these sorts of uses should be permitted where
they are appropriate —in the (1 -2) zone. In 1998 the Board found that the heavy industry
might discourage other uses. There are still great portions in this area that are not
developed.
The Board found that noise and air pollution would have a negative impact on nearby
agricultural and residential use. He notes that the staff report says nothing about the
impact on agricultural use. Plagge stated that he doesn't see that Ballard has shown any
evidence that it is a negative impact on agricultural use. Ballard stated that there will be
more representation on the agricultural use by another party that will speak. His final
note was that the Board did not find that the trees would effectively screen the area. The
Streb family owns a large part of the development of the Scott and Highway 6. The
people who might be perspective owners and those that are owners should have the same
right as the Streb family in 1998 to be able to sell their property or think about
developing their property without having to worry about the concrete batch plant. The
Board protected the interest of those people in 1998 and he is asking the Board do the
same and deny the special exception.
Grenis asked if the plant in Coralville that Ballard showed pictures of if it was a wet
batch concrete plant. Ballard stated he did not know if it was.
Grenis stated that when he read the Comprehensive Plan reference green development he
thought that was more about the types of manufacturing to attract as opposed to business
for the industrial park. Ballard stated he thought the reading talked about both. Walz
confirms that yes it talks about both. She stated that a large area of industrial property to
the east is owned by the City is being developed for potential use by a wind energy
company. The City views that this area is an appropriate spot for the batch plant. The
eastside of Iowa City is an area that will grow. Concrete will have to get to this area
somehow, and placing it the middle of the industrial zone with the screening provisions
that the City has outlined would be in keeping with the Comprehensive Plan.
Walz stated that in regards to the roads not being created to sustain a use like this, the
City engineers do review the staff report. The City engineers have cleared this type of
use on the road. Ballard noted that he had stated that the road was designed for the (I -1)
zone not (I -2). That the general industrial zone and the uses that were talked about in
1998 and the uses that are out there today are not the constant stream of truck traffic that
you have with a concrete batch plant.
Ballard asked for the video to be tried and viewed again. There was no success in getting
the video to show up.
Sheerin noted that it was time to move on. Walz asked what was being demonstrated in
the video. Ballard stated it was to show what it looks like at the plant in Coralville. Walz
stated she would pass the video along to the Board and noted that it was a clip of a truck
driving along a gravel road. Ballard said the first part is, but where the concrete plant is it
is not a gravel road. He wants the Board to be able to see what the plant looked like
while operating.
Holecek asked if the City staff would be able to use Ballard's jump drive to print out the
pictures, slide show, comments for the record. Ballard confirmed.
Plagge asked Walz to clarify if there were any homesteads within the 500 feet. Walz
stated that there are some just outside the 500 feet.
Sheerin asked if there was anyone else that would like to speak.
Phillip Prybil, Iowa City, Iowa, stated he feels the Streb family has done a nice job
developing a great addition to the City of Iowa City and their industrial park of Scott
Boulevard and Highway 6. He stated that the Strebs did choose the zoning for that park.
They requested the I -1 zoning from the City and received it. If they had wanted to put a
concrete batch plant on it originally they could have heavy industrial zoning. This was an
issue brought up in 1998. He was present at that meeting along with 20 other people
many of whom spoke at that meeting. The uniform response he has received from those
people today is that they believed the use was voted down in 1998. He asked if the
situation is really all that different from then. Prybil stated that Walz says it is and the
road has improved. However, he believes that the situation on the ground in terms of
what is out there and what will be out there is much the same. He feels it is more
important that a concrete batch plant be built there today by virtue of the City's plan for
the area but noted that there is no natural buffer.
Prybil noted that he has a BS in agronomy. Calcium carbonate is nothing more than
material that makes soil more basic. This is applied to the ground and additional calcium
carbonate flowing off of the gravel road also makes ground more basic. When someone
purchases a piece of ground next to a gravel road you have to treat it differently than you
treat the rest of a parcel. When calcium carbonate is present in such levels that it makes
the ground so basic that it's not productive it becomes an issue. Prybil feels that for
someone to say that it can't be an issue or that calcium carbonate won't ever be an issue
is absurd. The extension person's comment saying that it is similar is true it is a function
of degrees.
Sheerin asked the Board for any questions.
Sheerin asked if there was anyone else that would like to speak.
Sheerin asked Streb if he would like to respond to any of the items talked about.
Streb stated that he understands that the (I -1) zone does allow concrete plants but by
special exception only. The other item he found that was spoken about that was not
correct was the information the wind energy. He believes the company that is coming
into Iowa City is an 85 million dollar venture is a foundry. So he feels that it would be
very heavy industrial. Grenis asked if Streb knew if the plant in Coralville was wet batch
plant. Streb stated that it is a wet batch plant.
Walz stated that it is up to the Board if they wanted to give their decision now but there
was a lot of new information presented and they should not feel pressed for time.
Holecek stated there are a number of things that could be discussed. Walz stated the
Board could view the video before they leave.
Sheerin asked if Streb was finished speaking. Streb stated their concrete plant is out in the
county, there are no screening requirements and it is on gravel road from Highway 6 all
the way to the River products. They are on rented ground so they could be kicked off at
any time should that owner decide. There is a farm operation to the east of their plant
that has been in production for many years. He referred to the photos he had provided
and stated that businesses have located near these plants so to say that property values
will diminish or to say that people won't locate next to a concrete batch plant is false.
Sheerin asked for their options. Holecek stated that the Board could continue the public
hearing or could close the public hearing. There after the board could choose to defer
and render the deliberations and decisions at another time. Walz stated there is only one
case at the September 14 meeting. She did not want the Board to be pressured for a
decision. This would give the Board time to go through all the information; they can view
the video at some other time without comment. Holocek stated the most import thing to
figure out is if they would need to continue the public hearing or close it.
Sheerin asked the Board if they needed to continue. Sheerin stated she would close the
public hearing. She asked if they need to make a motion to defer to the next meeting.
Holecek confirmed unless they wanted to set up a special meeting in between to render
the decision. Sheerin and Walz stated there was time at the next meeting. Walz stated
this would be the first item of discussion.
Eckstein pointed out that the most important thing was to not view the video because
there are all the photographs available and that the video and photographs are from a
particular point of view. She feels that it would be better to drive by the areas and view
them in person. Holecek stated that the Board should not go together; they should go on
their own and should not even talk about it.
Jennings moved to defer the decision on EXC11 -00007 for the special exception for
proposed cement batch mix facility located in Lot 35 of Scott Industrial area north
of 420`h Street and south of Liberty Drive until the September meeting.
Seconded by Eckstein.
A vote was taken and the motion carried 5 -0.
Walz reminded the Board that in the interest of avoiding ex parte communication the
board should not take any phone calls, from the press or individuals on either side. Walz
stated she would not speak to the Board on the matter and that everything needs to be on
the public record.
Linda Prybil, Iowa City, Iowa, had a procedural question. She stated that her concern is
the process of notification of people with interest in the area. The notification was very
sparse and not a good way to provide good feelings about the growth of Iowa City and
this area.
Prybil stated that it bothered her that Walz stated quote "that the three board members in
attendance tonight are in favor of the motion" and stating that basically there is no reason
to come. Prybil stated that Walz shared this with us and feels it is very inappropriate. She
should not know how the board is going to vote beforehand. Walz stated she did not
know what Prybil was talking about. Prybil stated that the fact is that Walz should not
know how the Board feels before hand. Walz stated she did not know. Plagge stated that
he did not think that any one of them had talked with Walz regarding this special
exception.
Walz stated that the City meets the legal requirement because the notice is published in
the paper, they posted the land, and send letters to any property owner within 300 feet.
Walz stated that concern was expressed that people didn't have enough forewarning and
so the Board gave more time by deferring to this special meeting. Walz stated that she
has had no conversation with the Board members and does not know how they feel about
the case. She stated that what she did say was in order for the special exception to be
approved, with just three members being at the original meeting, all three would have to
vote in favor of the exception. Therefore she believed the applicant would be inclined to
defer in order to have five members present. She stated she has no idea how the board
will vote. Sheerin pointed out that the Board has not even discussed amongst themselves
on how they are going to vote.
Prybil stated she thinks that that kind of information is a little troubling. Sheerin asked
for clarification on the type of information that Prybil was talking about. Prybil stated it
was in regards to Walz's comment that three of the Board members were going to vote in
favor. Sheerin stated that Walz did not make that statement. Walz stated that it would be
a requirement that all three vote in favor if the special exception were to be approved.
From the audience a statement was made that what Walz said was not true. Sheerin
stated that the audience member was out of order and needed to sit down. L. Prybil
continued stating that she spoke with a business person who was very upset about not
being informed. This person was very upset when talking with Walz because Walz tried
to convince this person why the plant should be built. Prybil feels that if she should be
sharing information of both sides or should be impartial. Prybil thinks this is a tricky
development and as staff they have to be more careful about how they speak to the
public.
Walz asked Holecek if they would resend letters if it is deferred. Holecek stated they
typically do not. Walz stated that there will be a notice in the paper and the land will
remained posted.
ADJOURNMENT:
Sheerin adjourned the meeting.
The meeting was adjourned on a 5 -0 vote.
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MINUTES
HUMAN RIGHTS COMMISSION PRELIMINARY IP13
August 16, 2011
Lobby Conference Room
Members Present: Orville Townsend Sr., Dianne Day, Diane Finnerty, Harry Olmstead, Wangui Gathua,
Connie Goeb.
Absent: David B. Brown, Martha Lubaroff, Howard Cowen.
Staff Present: Stefanie Bowers.
RECOMMENDATIONS TO COUNCIL: The Human Rights Commission would like a joint meeting with
the City Council, at their September 19th work session, to discuss the Commissions' final
recommendation concerning immigration here in Iowa City.
CALL TO ORDER
Commission Chair Day called the meeting to order at 18:02.
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: None.
CONSIDERATION OF THE MINUTES OF THE July 19, 2011 MEETING:
Commissioner Townsend, moved to approve.
Commissioner Olmstead seconded.
The motion passed 6 -0.
13th Annual Strengthening & Valuing Latino /a Communities in Iowa Conference
The Commission voted to co- sponsor this program being held in Muscatine in October. Co- sponsor amount
$100.
Commissioner Olmstead, moved to approve.
Commissioner Townsend seconded.
The motion passed 6 -0.
Iowa Women's Music Festival
Commissioners voted to participate in this event as
Olmstead will represent the Commission at the event.
Commissioner Finnerty, moved to approve.
Commissioner Townsend seconded.
The motion passed 6 -0.
a vendor. Commissioner Finnerty and Commissioner
HUMAN RIGHTS BREAKFAST
Reverend Orlando Dial of Bethel African Methodist Church is the scheduled keynote speaker. Bowers reported
that nomination forms will be sent out later in the week. The Breakfast will be held on October 20th at 7:30 am
at the Sheraton. Tickets to the Breakfast will be available over the next few weeks.
IMMIGRATION SUBCOMMITTEE
A joint work session will be held between the Commission and the Council on September 19th at 5:30 pm. All
Commissioners who are able should plan on attending. Commission subcommittee members went over the
draft recommendation. Bowers will submit final recommendation to the Council by September 1 st.
FACES OF IOWA CITY
Bowers passed out brochures to Commissioner Day, Commissioner Cuttell and Commissioner Gathua who will
review and give final approval before the brochures are sent out.
Human Rights Commission
August 16, 2011
Page 2 of 3
JUVENILE JUSTICE
Bowers is working on scheduling a series of programs on this topic. The hope is to hold the first sometime after
Labor Day. Commissioner Finnerty & Commissioner Townsend will assist on this project.
ADJOURNMENT
Commissioner Townsend moved to adjourn.
Commissioner Olmstead seconded.
The motion passed 6 -0 at 19:21.
Human Rights Commission
August 16, 2011
Page 3 of 3
Human Rights Commission
ATTENDANCE RECORD
2011
IMeetina Date)
NAME
TER
M
EXP.
1118
2/15
3/15
4/12
5/17
6/21
7/19
8/16
9120
10118
11/15
12/20
Dianne Day
1/1/12
X
X
X
X
X
X
X
X
Wangui
Gathua
1/1/12
O/E
O/E
O/E
O/E
X
O/E
X
X
Martha
Lubaroff
1/1/12
O/E
O/E
X
X
X
X
X
O/E
Howard
Cowen
1/1/13
X
X
X
O/E
O/E
O/E
X
O/E
Constance
Goeb
1/1/13
X
X
X
O/E
X
O/E
X
X
Harry
Olmstead
(8 -1 -2010)
1/1/13
O/E
X
X
X
X
X
X
X
Orville
Townsend,
Sr.
111/14
X
X
X
X
X
X
X
X
Diane
Finnerty
1/1/14
X
X
X
X
O/E
X
X
X
David B.
Brown
1/1/14
X
X
X
O/E
O/E
O/E
X
O/E
KEY:
X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting /No Quorum
R = Resigned
- =Not a Member
IP14
PLANNING AND ZONING COMMISSION PRELIMINARY
AUGUST 18, 2011 — 7:00 PM — FORMAL
LOBBY CONFERENCE ROOM, CITY HALL
MEMBERS PRESENT: Carolyn Stewart Dyer, Charlie Eastham, Elizabeth Koppes,
Michelle Payne, Tim Weitzel, Wally Plahutnik
MEMBERS ABSENT: Ann Freerks
STAFF PRESENT: Bob Miklo, Sarah Greenwood Hektoen
OTHERS PRESENT: Jesse Allen, John Thomas
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 /DEVELOPMENT ITEM:
REZ11- 000010 & SUB11- 00010: Discussion of an application submitted by Allen Homes
for a rezoning of approximately 13.2 acres of land from Low Density Single Family (RS -5)
zone to Planned Development Overlay — Low Density Single Family (OPD -5) Zone and a
preliminary plat for The Palisades, a 33 -lot, 23.02 acre residential subdivision located at
1729 N. Dubuque Road. (45 Day Limitation Period: September 10, 2011)
Koppes advised the Board that applicant has requested to defer.
Eastham moved to defer until the September 1 st meeting.
Weitzel seconded.
A vote was taken and the motion to defer carried 6 -0 ( Freerks absent).
Planning and Zoning Commission
August 18, 2011 - Formal
Page 2 of 10
REZONING ITEMS:
REZ11- 00009: Discussion of an application submitted by Apartments Downtown for a
rezoning from Low Density Single - Family (RS -5) zone to Low Density Multi - Family (RM-
12) zone for approximately .88 acres of property located at 2218 Rochester Avenue.
(45 -Day Limitation Period: Waved — Applicant has requested that this item be deferred to
the September 1 meeting)
Koppes advised the Board that applicant has requested to defer.
Eastham moved to defer until the September 1 st meeting.
Payne seconded.
A vote was taken and the motion to defer carried 6 -0 (Freerks absent).
REZ11- 00012: Discussion of an application submitted by Allen Homes for a rezoning
from Neighborhood Stabilization Residential (RNS -12) zone to Central Business Service
CB -2 zone for approximately .34 acres of property located at 221 N. Linn Street, 225 N.
Linn Street and 223 E. Bloomington Street approximately 3200 square feet of property
located on the west side of Linn Street (MidAmerican substation). (45 -Day Limitation
Period: August 27, 2011)
Payne recused herself as MidAmerican, which owns property in the area, is her place of
employment.
Miklo stated that the property is located at the intersection of Linn and Bloomington Streets. The
original application submitted by Allen Homes was for three properties. Two with Linn Street
addresses and one with Bloomington Street address. As noted in the staff report rezoning these
properties would have resulted in an island of RNS -12 zoning at the MidAmerican substation.
Staff recommends the rezoning of the MidAmerican property so that there is no spot zone
created.
Miklo showed a photograph of the current state of the properties. There are three buildings
within the area proposed for rezoning; one on Bloomington and two on Linn Street as well as
the substation. The backyards of these properties are used for parking. As noted the proposals
to rezone these properties from RNS -12 to CB -2 will require an amendment to the
comprehensive plan that currently shows the properties as Neighborhood Stabilization.
In order to rezone there would need to be an amendment to the plan to show these properties
as commercial. If the Board chooses to not amend the comprehensive plan then rezoning
wouldn't be advisable. The agenda includes setting a public hearing on September 1 st for a
comprehensive plan amendment. The amendment is a two -step process the Commission would
set the public hearing and then hold the public hearing before voting.
Miklo stated that the current comprehensive plan for the area is a central district plan. It contains
a section addressing the North Market Place commercial area. There is some residential in this
section. The plan contains a number of policies directed at preservation and redevelopment of
the neighborhood. These policies were developed by City planning staff based on input from
residents and business owners who participated in workshops when the City was putting
Planning and Zoning Commission
August 18, 2011 - Formal
Page 3 of 10
together the Central District Plan. These policies should guide the Commission's decisions
regarding the proposal to amend the comprehensive plan as well as the rezoning.
Miklo pointed out the important details in regards to this request. The plan speaks to the
preservation of historic buildings and development that is sensitive to the neighborhoods history.
In this particular area there are several historic buildings identified within the plan. These
buildings were determined to be eligible for the National Register of Historic Places. Any zoning
that would affect those properties should be of concern. The properties within this current
request however are not identified as historic.
The district plan discusses the appropriate mix for development. There was a lot of discussion
at the public meetings about the recent development at the corner of Linn and Market Streets. It
was discussed whether this would be an appropriate model for future infill within the
neighborhood. The overall feeling is that people like the building but they did feel it might be
over scaled for the neighborhood. The policies that came from the discussion were that any new
infill development in this neighborhood should be limited to two or three stories and the number
of bedrooms should be limited. This would be seen as a way to maintain the scale and
character of the North Side Market Place.
Miklo explained that the proposed building will be three stories tall. The zoning code would allow
up to four stories and this would need to be addressed in a conditional zoning agreement. The
proposal has a mix of one, two and three bedroom apartments. The district plan talks about the
desire to limit the building to one and two bedrooms to create a different mix in hopes of having
more permanent residents in the neighborhood.
The district plan also talks about creating zoning regulations that result in mixed used buildings
with a "main street" style with a commercial store front. Also, buildings that are compatible with
the surrounding neighborhood with parking located beneath or behind the buildings.
Miklo stated that this application has a concept plan that shows a mixed used building similar to
the proposed plan. The commercial store front on Linn Street and then turns the corner on
Bloomington Street. The back part of the building is generally devoted to residential uses or
parking for the commercial uses.
Parking for the proposed development would be on the ground floor with an entrance onto
Bloomington Street and that would be for the commercial uses. The plan shows up to three
commercial bays on Linn Street. Parking for the residential uses would be in the lower level.
Those would be accessed by a ramp that would travel north from the alley and down into the
lower part of the building.
Miklo talked about the proposal in the context of the neighborhood. There was a concern that a
building of this size would be out of scale with the neighborhood. The existing commercial area
consists of one, two and three story buildings. A three -story building is at the corner of Linn and
Market Street a block south of the area that is proposed. As you go to the north there are one
and two story buildings. On the north side Bloomington Street the Pagilia's building has two
stories and there is a three story building with apartments attached to the north side.
Miklo pointed out buildings that are subjected to the rezoning. Viewing the existing properties in
an aerial photograph it shows those have either paving or gravel in the back that is used for
parking. The buildings are older but their historic quality has been compromised by remodeling
that has occurred over the years. A study was done in this neighborhood and determined that
these properties were not individually eligible for the National Register of Historic Places.
Planning and Zoning Commission
August 18, 2011 - Formal
Page 4 of 10
Miklo stated that for the proposal City staff feels that the concept plan submitted by the applicant
is a good starting point in addressing the issues that were raised in the district plan. There are
some details that will need to be worked out and further information is required. In the City's
view the commercial presentation on Linn Street is appropriate for the neighborhood and the
rest of the commercial development in the area.
The City recommends that on Bloomington Street that the commercial aspects of the building be
down played. That there would be no commercial signage allowed on the north side of the
building. The review of the plan shows that there is mismatch in the number of parking spaces
required and the square footage in the number of bedrooms and this will need to be addressed.
The City feels it is necessary to have a site plan that shows how the public right -of -way would
be addressed. There would be opportunities to put in more landscaping on the Bloomington
Street side. The building would be set back from the sidewalk.
The City also recommends that some of the street furniture elements that were installed on the
North Linn Street be incorporated into the Linn Street side of this property. Also the alley that
provides access to the residential parking be paved or improved.
Staff recommends that the Commission not vote on this tonight and that it is deferred so that the
applicant has a few more weeks to address the issues, solidify the plan and to put together a
conditional zoning agreement that would address the number of bedrooms. Miklo feels the plan
is a good start but that there a few items that would need to be decided before the Commission
could vote.
Plahutnik asked if the red outline of the North Side Market Place includes the properties across
Linn Street until the Commission changes it or if the houses were included in the North Side
Market Place from the beginning. Miklo responded that the study of the North Side Market Place
the red line was established based on land uses and the street pattern. What isn't consistent
with the current plan is that they are shown as residential. What would be changed is they would
be shown as commercial.
Miklo noted that there was a question of where you would draw the line if more commercial was
added. Based on the policies of the plan staff feels Bloomington Street would be that location.
The properties are historic buildings eligible for the National Register. Staff would not
recommend any zoning changes that would encourage the removal or redevelopment of the
properties.
Miklo pointed to the rear property line of 221 and 225 Linn Street where the line would ideally
go. However, working with the applicant on concept plans it doesn't seem possible to put
parking to allow the redevelopment of the site unless one the properties on Bloomington Street
were to be included.
Eastham asked if the CB -2 zone requires residential above commercial. Miklo stated it does not
require it but it allows it. Eastham pointed out if that was an important concept than it would be
good to have it be in the conditional zoning agreement. Miklo responded that if the Commission
wanted to require residential in the upper floors than yes you can structure it in the conditional
zoning agreement.
Koppes asked if the Commission had any further questions. There were none.
Koppes opened the floor to the public starting with the applicant.
Planning and Zoning Commission
August 18, 2011 - Formal
Page 5 of 10
Jesse Allen, 3704 Lower West Branch Road, Iowa City, the applicant, asked if there were any
questions for him about what they are doing or the design standard that they are trying to
achieve. He stated the summary from the City staff sums up that the breakdown with the units
above and the commercial space below. He stated they have been working with staff comments
and neighbor comments as far as the concerns for either positive or negative of how the
building is going to look and how it is going to impact the neighborhood. He feels they have
received positive feedback and has answered the comments or concerns people had but
understands there are a few concerns needing to be addressed.
Koppes asked if the applicant was okay with the deferral date of September 1st rather than
August 27th. Allen responded that they were okay with the date change.
Plahutnik asked if any of the businesses in that area attended the neighborhood meeting. Allen
responded that he didn't believe that Arnold Pagliai was at the meeting and took that as a
positive.
Allen stated he feels the plan is an attractive building with features to bring to the neighborhood.
He stated he is using the building that contains the Teaspoons Coffee Shop as a model as far
as the layout of the garage. They designed the building with parking for the commercial space.
He feels the CB -2 zoning is appealing to business owners.
Eastham asked if there was a very strong demand for the additional 5000 square feet of
commercial space. Allen stated he did feel the need was there.
Koppes asked if there were any further questions.
Koppes asked if there was any public that would like to speak.
John Thomas, 509 Brown Street, Iowa City, is currently the North Side Neighborhood
Association coordinator. One of the highlights in the central planning district portion of the
comprehensive plan states that the integrity of the existing neighborhood especially those
adjacent to downtown and the University of Iowa campus will require ongoing efforts. It was in
response to the need to preserve the integrity that the RNS -12 zone was created. The purpose
of this zone is to stabilize existing residential neighborhoods by preserving the predominately
single family residential character of this neighborhood. Provisions in this zone prevent the
conversion or redevelopment single family uses to multi family uses.
Thomas stated that one of the obvious impacts would be loss of the single family residential
structures in a neighborhood that historic and land use and integrity has always been under
threat that is the reason for the stabilization zone. As documented in the comprehensive plan
the rezoning entails a significant zoning change from single family residential to the CB -2
zoning.
Thomas noted that in reading the staff report conclusion staff stated that zoning on both sides of
Linn Street to CB -2 would be consistent with the zoning policy of changing zoning at the rear
and side lot line rather than along the street frontages. The proposed rezoning would enter a
CB -2 zoning on the south side of Bloomington west of Linn Street thus creating the same basic
irregularity that we have currently on Linn Street. By introducing the CB -2 zoning on this block
of Bloomington, the ten remaining properties currently zoned RNS -12, could be destabilized
because of the encroachment of the CB -2 zone onto Bloomington Street. He also stated that
the current change of zoning along the west side of Linn Street from CB -2 to RNS -12 occurs at
the alleyway and then you have the MidAmerican substation which allows for a more graceful
Planning and Zoning Commission
August 18, 2011 - Formal
Page 6 of 10
transition between the two zones, although the substation could use improvement.
in the proposal the change in zoning from CB -2 to RNS -12 occurs along the side yard of the
proposal and 219 Bloomington Street to the west where the impact of the zoning change will be
much more significant. He pointed out that because there is no site plan it is hard to see the
impact of this change.
Thomas stated that the commercial parking proposal includes a twelve stall ground level parking
lot for the use of the store front commercial. Access to that parking will be from Bloomington
Street which then introduces the traffic circulation in a two -way driveway to the parking lot on
Bloomington's residential frontage. In walking the block the typical pattern is more to provide
vehicle access from the alleyway.
Thomas concluded that he feels that the impacts of the proposed project to the integrity of the
RNS -12 zone especially on Bloomington Street west of Linn Street that he feels he cannot
support it. He feels the North Side Market Place has great appeal.
Koppes asked if there were any other public comments.
Plahutnik asked staff if when they were doing the CB -2 zone if they included a step down from
larger scaled buildings to the interface. Miklo stated that the CB -2 zone has been in place since
1983 when the previous zoning code was adopted. There was a proposal in 2005 to do a major
rezoning of this area and that was when Pagliai's parking lot was discussed. When it got to
Council their determination was to leave the CB -2 zoning in place but to change some of the
standards. At one time CB -2 zoning allowed ten story buildings. That did come down from ten
stories to four.
Koppes asked for any further comments.
Koppes closed the public hearing.
Plahutnik moved to defer until September 1St
Weitzel seconded the motion.
Koppes asked for discussion from the Commission.
Eastham asked staff if the CB -2 zone allows buildings up to four stories and higher. Miklo
responded stating there was a 45 -foot height limit. Eastham asked what the proposed height of
this building would be. Miklo stated it would be about 35 feet. Eastham asked if the replaced
buildings and the neighboring buildings are what height. Miklo stated zoning allows 35 feet, but
most of the buildings are 25 to 30 feet at most.
Eastham noted that one of the speakers talked about the aspect of the building having a
commercial aspect on Bloomington Street. Staff comments or discussions so far may consider
changing that part of the building design. Miklo showed that the Linn Street side of the building
is very commercial and that is the goal for the neighborhood. He then showed the north side of
the building looking south from Bloomington Street, staff feels that it might be appropriate to
have commercial at the corner.
Miklo showed the area for the lobby for the apartments. Staff feels it could be redesigned to
have less glass and more of a residential appearance. He showed the entrance to the garage
and stated that there may be ways to make it more attractive. Currently in the plan there are
Planning and Zoning Commission
August 18, 2011 - Formal
Page 7 of 10
three labels; bicycle parking, mechanical or office. That detail has yet to be worked out. Staff
does feel there is an opportunity to make the Bloomington Street facade less commercial
looking. Another possibility would be to step a part of the building down in relation to the duplex
next door.
Koppes stated that her complaint might be if she lived across the street that the parking there
looks like just an open door. She suggested if there might be a possibility to slide the opening
around to the back. Miklo responded that there were things that could be done to the garage
entrance to make it more appealing. It will be an entrance that will carry traffic in and out to
Bloomington Street. He stated that there really wasn't an alternative location for the garage
door.
Plahutnik stated he has lived in neighborhood off and on for the past thirty years. If the building
was being suggested across the street in the Pagliai's parking lot there would probably not be
an issue. The issue is what it is zoned now as stabilization and he feels that this plan is the
exact opposite. He feels this zoning has kept things stabilized. Plahutnik is not against this
plan but he feels he needs to work around that the stabilization zoning is no longer needed that
it doesn't apply to the block they are speaking of.
Koppes asked when the block was rezoned to RNS -12 was this specifically added in. Miklo
responded that the RNS -12 zone was created in two stages. The first one applied to Church
Street in a reaction to a proposal to take down a single family house and to put up an apartment
complex in 1992. The City than rezoned the rest of the neighborhood RNS -12 from Low
Density Multi Family (RM -12) zone. This was included in a much larger rezoning.
Plahutnik stated that the edges of these zones are the important part because it is where things
will crumble away. He is not sure one way or another he is just very uncomfortable with
changing the zone. Miklo stated that staff had a discussion about this concern and that they felt
that from this point north of Bloomington Street this area is a part of the historic district which
adds another layer of protection to the neighborhood. The edges are an area where we need to
be careful in considering a zone change. As stated in the staff report they feel there is some
justification given the pattern to the east. In the long term there will be a need to examine the
south half of the block. At this point the staff feels the CB -2 could be expanded and would not
have the detrimental effect on larger neighborhood if done correctly. The details in terms of
building design, number of units, number of parking spaces, and number of bedrooms are real
important.
Eastham asked if the mixed use was important in the consideration having residential uses be
preserved. This building proposes having business replacing residential uses with presidential
uses in addition to commercial. Miklo stated as discussed in the district plan the goal for the
general area is for mixed use. The mixed use can help support the commercial area. This is an
area close to the University of Iowa campus which is desirable for housing students. He said
they saw more vitality with in the North Side Market Place when the four story building to the
south was built. If this proposal is done right, staff feels it could add to the energy. If it is done
wrong it could have a destabilizing effect and that is why it is important to have the conditions
set.
Weitzel asked if it was appropriate to go beyond the zone level and talk about how individual
buildings are being used in the extension of the RNS -12 area other than the three that were
discussed. Koppes agreed and asked if the City could tell which locations had rental permits
and how many. Miklo stated he thought he remembers that the remainder of the block has
rental permits he was unsure of the north side of the street and would collect information for the
Planning and Zoning Commission
August 18, 2011 - Formal
Page 8 of 10
next meeting. Eastham asked what the importance of knowing whether it was a rental or owner
occupied would be. Weitzel responded he thought that an owner occupied unit may be better
maintained. He thinks it says a lot of what the potential for a building to be continued to be used
by a single family or whether it will continue to deteriorate under its current use. He said it
would help inform him for what the future will be like for this block. Whether it is heading in a
direction where these houses with normal use will wear out or if there will be substantial
investments in maintaining them as single family homes.
Koppes would like to know how many rental permits there are per building. Then there would
be knowledge on how many single - family have been converted into apartments. Plahutnik said
that the single family character of the neighborhood doesn't mean you will have a `typical' type
of family living there. The house that he goes by has been through thirty years of hard use and
it still holds its good shape. He feels that the eye sore is the substation on that block. On the
north side you often can't tell who occupies the residence. Plahutnik thinks it is important to
remember to not specify who lives in the houses. He thinks it is pretty easy to say on the north
side they are single family homes. When you look at the three houses they are in keeping with
the single family character of the neighborhood. He feels that the stabilization of the RNS -12 is
the hang up for him.
Koppes asked to the Commission if the staff will need anything further for the next meeting.
She stated it would be important to walk /drive by the area to see it. Dyer stated it would be
useful to have the footprint on the property. Koppes would like to know how far away it is from
the next residence. Weitzel also would like an analysis of bus stops and alternative
transportation. Plahutnik stated that if you view Google maps it shows the amount of concrete
that is there in that area. Eastham asked for the staffs' perspective on the buildings capability
with the North Sides plan. This would be adding commercial use across a major street. His
concern is if the commercial space is needed and if it will be filled in the future. Plahutnik stated
he liked the offer of the commercial parking and the benefit it would have for the area.
A vote was taken and the motion to defer carried 5 -0 (Payne and Freerks absent).
Comprehensive Plan Item:
CPA11- 00003: Set a public hearing for September 1, 2011 to amend the Comprehensive
Plan to change the land use designation from Single Family Residential Stabilization to
Urban Commercial for property located at 221 N. Linn Street, 225 N. Linn Street and 223
E. Bloomington Street and the MidAmerican substation located on the west side of Linn
Street.
Eastham moved to set a public hearing for September 1St.
Weitzel seconded.
Koppes asked for any discussion.
A vote was taken and carried 5 -0 (Payne and Freerks absent).
Comprehensive Plan Item:
Set a public hearing for September 1, 2011 to amend the Comprehensive Plan to adopt
Planning and Zoning Commission
August 18, 2011 - Formal
Page 9 of 10
the Riverfront Crossings Sub -Area Plan.
Eastham moved to set a public hearing for September 1St
Weitzel seconded.
Koppes asked for any discussion.
A vote was taken and carried 5 -0 (Payne and Freerks absent).
CONSIDERATION OF MEETING MINUTES: July 18 and July 21 2011:
Eastham moved to approve the minutes.
Weitzel seconded.
The motion carried 5 -0 (Payne and Freerks absent).
OTHER:
Miklo stated that there was an invitation to the community development celebration next week.
This is a property with the annexation and zoning on old Highway 218, the agricultural extension
office.
ADJOURNMENT:
Weitzel moved to adjourn.
Dyer seconded.
The meeting was adjourned on a 5 -0 vote (Payne and Freerks absent).
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