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2012-07-12 Info Packet
� - 1 CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET MISCELLANEOUS July 12, 2012 IN Council Tentative Meeting Schedule IP2 Invitation from Tom Harkin, U.S. Senator Governments: HELP Committee Iowa Field Hearing — Disability Rights and Employment IP3 Bar Check Report — June, 2012 IN Article from City Manager: Look Who's Embracing Privatization — Big City Democrats IPS Article from City Manager: Wind Power Faces Taxing Headwind IP6 Letter from Jim Knapp: Providing Marc Moen with TIF Financing IP7 Letter from Mediacom: Digital Channel Line -up IP8 Copy of Press Release — City of Iowa Introduces QR Technology at City Hall DRAFT MINUTES IP9 Airport Commission: June 21 IP10 Board of Adjustment: June 13 IP11 Historic Preservation Commission: June 14 IP12 Police Citizens Review Board: July 10 IP13 Telecommunications Commission: June 25 City Council Tentative Meeting Schedule IP �,� July 12, 2012 N CITY OF IOWA CITY Subject to change Date Time Meeting Location ar , �u Tuesday, July 31, 2012 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, July 31, 2012 7:OO13M Special Formal Meeting Emma J. Harvat Hall u lii t�N .9 �'�" �}i :r7 iili ih (i (' h fi I�II ) (� ..v N?'�"�'a P Tuesday, August 21, 2012 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, August 21, 2012 7:0013M Regular Formal Meeting Emma J Harvat Hall P K 3t 1'w2k +- Tuesday, September 4, 2012 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, September 4, 2012 7:OO13M Regular Formal Meeting Emma J. Harvat Hall Tuesday, September 18, 2012 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, September 18, 2012 7:OO13M Regular Formal Meeting Emma J. Harvat Hall 11 y;�� a I' �. „ir' ill'� IIGPt, a ..i n��I4'�' Tuesday, October 2, 2012 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, October 2, 2012 7:OOPM Regular Formal Meeting Emma J. Harvat Hall Tuesday, October 23, 2012 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, October 23, 2012 7:OOPM Special Formal Meeting Emma J. Harvat Hall a a , ; ' I ,'-i � (' 'I i k:I "I� � .i" i 'tai ( a d a�•� Tuesday, November 13, 2012 5:00 PM k° Work Session Meeting . Emma J. Harvat Hall Tuesday, November 13, 2012 7:OO13M Special Formal Meeting Emma J. Harvat Hall Tuesday, November 27, 2012 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, November 27, 2012 7:OOPM Special Formal Meeting Emma J. Harvat Hall , AF Tuesday, December 4, 2012 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, December 4, 2012 7:OO13M Regular Formal Meeting Emma J Harvat Hall Tuesday, December 18, 2012 5:00 PM Work Session Meeting Emma J Harvat Hall Tuesday, December 18, 2012 7:OOPM Regular Formal Meeting Emma J Harvat Hall TO: Interested Parties FROM: Senator Tom Harkin (D -IA) RE: HELP Committee Iowa Field Hearing — Disability Rights and Employment DATE: Friday, July 06, 2012 I On Friday, July 13, 2012 at 10 a.m. Central time, the Senate Committee on Health, Education, Labor, and Pensions (HELP Committee), which I chair, will convene a field hearing in Cedar Rapids highlighting disability rights and employment for individuals with disabilities. It comes as the nation recognizes the 22nd anniversary of the landmark Americans with Disabilities Act (ADA) this month. The hearing will bring together local experts to examine successful strategies to help young adults with disabilities obtain opportunities to achieve success in the competitive labor market. It is the tenth in a series of hearings that the HELP Committee has held to examine the barriers and, most importantly, identify solutions to increase the employment participation rate for all individuals with disabilities. Details of the hearing are below: Title: The Americans with Disabilities Act at 22: A New Generation of Iowans Approaches the Labor Force with High Expectations Date: Friday, July 13, 2012 Time: 10:00 a.m. Central Time Place: Kirkwood Community College 6301 Kirkwood Ave SW Iowa Hall, Rooms A, B, C & D (3rd Floor) Cedar Rapids, IA 52404 Please note that the room is fully accessible and accessible parking is also available. A sign language interpreter will be available, along with real -time closed captioning. For any other accommodation needs, please contact Senator Harkin's Cedar Rapids office at (319) 365 -4504. For all of the latest on this and other issues, please visit htto: / /harkin.senate eov /, my Facebook page at httP://www.facebook.com/tomharkin or follow me on Twitter https: / /twitter.com / #! /SenatorHarkin. Flo E Fko E E I F E E E F10 E E E E FI-0 E E E10 E Fv F E E E E Business Name Occupancy (occupancy loads last updated Oct 2008) = University of Iowa Monthlv Totals Bar Checks Under2l PAULA Prev 12 Month Totals Bar Checks Under2l PAULA Under2l PAULA Ratio Ratio (Prev l2mo) (Prev 12Mo) 2 Dogs Pub 120 1 0 0 4 0 0 0 0 Airliner 223 5 1 0 97 1 29 0.0103093 0.2989691 Airliner 223 3 0 0 97 1 29 0.0103093 0.2989691 American Legion 140 0 0 0 7 0 0 0 0 Aoeshe Restaurant 156 0 0 0 Atlas World Grill 165 0 0 0 Baroncini— 0 0 0 Basta 176 0 0 0 (Blackstone— 297 0 0 0 I Blue Moose— 436 8 3 0 119 10 5 0.0840336 0.0420168 Blue Moose 436 2 0 0 119 10 5 0.0840336 0.0420168 IBluebird Diner 82 0 0 0 lBob's Your Uncle 260 0 0 0 lBo-James 200 1 0 0 52 0 0 0 0 1Bo-James 200 1 0 0 52 0 0 0 1 0 Bread Garden Market & Bakery ^ 0 0 0 Brothers Bar & Grill, [it's] 556 4 0 0 278 114 55 0.4100719 0.1978417 Brothers Bar & Grill, [it's] 556 21 6 2 278 114 55 0.4100719 0.1978417 Brown Bottle, [The]— 289 0 0 0 2 0 0 0 0 Buffalo Wild Wings Grill & Bar 189 2 0 0 3 0 0 0 0 ICaliente Night Club 498 3 0 0 34 3 2 0.0882353 0.0588235 (Carl & Ernie's Pub & Grill 92 2 0 0 18 0 0 0 0 (Carlos O'Kelly's— 299 0 0 0 Chef's Table 162 0 0 0 1 Chili Yummy Yummy Chili 1 0 0 20 6 1 0.3 0.05 Friday, July 06, 2012 Page 1 of 5 ❑Chipotle Mexican Grill— 119 0 0 0 0 0 ❑Club Car, [The] 56 0 0 0 1 0 ❑Coach's Corner 160 0 0 0 7 0 ❑Colonial Lanes— 502 0 0 0 3 0 El Dave's Foxhead Tavern 87 0 0 0 2 0 © DC's 120 13 5 0 105 23 ©Deadwood, [The] 218 4 0 0 32 0 ❑ Devotay— 45 0 0 0 ❑Donnelly's Pub 49 1 0 0 28 0 ❑d Donnelly's Pub 49 2 0 0 28 0 W Dublin Underground, [The] 57 7 0 0 28 1 ❑Eagle's, [Fraternal Order of] 315 1 0 0 1 0 ❑EI Banditos 25 0 0 0 0 `' 0 ❑EI Cactus Mexican Cuisine 0 0 0 0 0 ❑EI Dorado Mexican Restaurant 104 0 0 0 ❑EI Ranchero Mexican Restaurant 161 0 0 0 ❑ Elks #590, [BPO] 205 0 0 0 ❑Englert Theatre— 838 0 0 0 ❑Fieldhouse 178 2 0 0 104 14 W❑Fieldhouse 178 10 2 0 104 14 ❑First Avenue Club- 280 - 0 0 0 F1 Formosa Asian Cuisine— 149 0 0 0 W Gabes 261 2 0 0 44 8 ❑Gabes 261 1 0 0 44 8 El George's Buffet 75 0 0 0 5 0 ❑d Gilbert St Piano Lounge 114 2 0 0 11 0 ❑Givanni's- 158 0 0 0 ❑Godfather's Pizza— 170 0 0 0 ❑Graze"' 49 0 0 0 2 0 ❑Grizzly's South Side Pub 265 0 0 0 9 4 ❑Hilltop Lounge, [The] 90 0 0 0 2 0 El IC Ugly's 72 0 0 0 5 0 ❑India Cafe 100 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 0.2190476 0.0761905 0 0 0 0 0 0 0 0 0 0 0.0357143 0 0 0 0 u a 3 4 0.1346154' 0.0384615 4 0.1346154 0.0384615 3 0.1818182 0.0681818 3 0.1818182 0.0681818 0 0 0 0 0 0 0 0 `' 0 3 0.4444444 0.3333333 0 0 0 0 0 0 Friday, July 06, 2012 Page 2 of 5 ❑Jimmy Jack's Rib Shack 71 ❑Jobsite 120 V]Joe's Place 281 Doe's Place 281 ❑Joseph's Steak House— 226 ❑ Leaf Kitchen 0 F-1 Linn Street Cafe 80 ❑Los PortaIes 161 r❑ Martini's 200 ❑ Martini's 200 ❑ Masala 46 El Mekong Restaurant— 89 ❑d Mill Restaurant, [The]— 325 ❑ Moose, [Loyal Order of] 476 ❑ Motley Cow Cafe— 82 ❑ Noodles & Company - ❑Okoboji Grill— 222 We Old Capitol Brew Works 294 ❑ One- Twenty -Six 105 ❑Orchard Green Restaurant- 200 ❑Oyama Sushi Japanese Restaurant 87 ❑Pagliai's Pizza— 113 ❑Panchero's (Clinton St)— 62 ❑ Panchero's Grill (Riverside Dd- 95 ❑ Perri es ❑Pints 180 ❑I Pints 180 ❑ Pit Smokehouse— 40 F-1 Pizza Hut— 116 ❑ Pizza Ranch— 226 ❑Quality Inn /Highlander 971 ❑Quinton's Bar & Deli 149 El Ridge Pub 0 0 0 1 0 0 3 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 13 3 0 1 0, 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 3 0 8 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 12 0 0 61 2 0 61 2 0 1 0 0 136 53 5 136 53 5 15 1 0 1 0 0' I 7 1 0 1 0 127 26 3 127 26 3 I 16 1 0 I 0 0 0.0327869 0.0327869 0 0.3897059 0.3897059 0.0666667 0 0 0 0 0 0.0367647 0.0367647 0 0 0 0 -7 -in 0.2047244 0.0236220 0.2047244 0.0236220 1 0 9 Friday, July 06, 2012 Page 3 of 5 ❑ Riverside Theatre- 118 0 0 0 V]Saloon- 120 1 0 0 ❑I Sam's Pizza 174 1 0 0 ❑Sanctuary Restaurant, [The] 132 0 0 0 F-1 Shakespeare's 90 0 0 0 ❑Sheraton 0 0 0 ❑Short's Burger & Shine- 56 2 0 0 ❑d Sports Column 400 6 0 0 ❑Sports Column 400 5 1 0 ❑d Studio 13 206 4 2 0 ❑Studio 13 206 2 0 0 ©Summit. [The] 736 14 2 1 ❑Summit. [The] 736 10 0 0 ❑Sushi Popo 84 0 0 0 ❑Takanami Restaurant- 148 0 0 0 ❑TCB 250 1 0 0 WTCB 250 12 1 0 ❑Thai Flavors 60 0 0 0 ❑Thai Spice 91 0 0 0 ❑Times Club @ Prairie Lights 60 0 0 0 ❑Trumpet Blossom Cafe 94 0 0 0 ❑d Union Bar 854 18 9 0 F-1 Union Bar 854 5 0 0 ❑VFW Post #3949 197 0 0 0 ©Vine Tavern, [The]~ 170 1 0 0 ❑Wig & Pen Pizza Pub- 154 0 0 0 [--]Yacht Club, [Iowa City]- 206 1 0 0 d❑Yacht Club, [Iowa City]- 206 2 0 0 ❑Zio lohno's Spaghetti House 94 0 0 0 ❑Z'Mariks Noodle House 47 0 0 0 Friday, July 06, 2012 12 11 4 5 16 144 144 29 29 288 288 114 114 204 204 1 36 68 68 0 0 0 0 3 0 0 0 0 0 0 0 0 2 33 25 33 25 2 0 2 0 45 84 45 84 6 1 6 1 59 42 59 42 0 0 0 - 5 0 2 0 2 0 0.2291667 0.2291667 0.0689655 0.0689655 0.15625 0.15625 0.0526316 0.0526316 0.2892157 0.2892157 0 0 , 0 0 0 0,2727273 0 0 0.125 0.1736111 0.1736111 0 0 0.2916667 0.2916667 0.0087719 0.0087719 0.2058824 0,2058824 0 0.1388889 0.0294118 0.0294118 L ! Page 4 of 5 Off Premise Grand 1 * includes outdoor seating area exception to 21 ordinance Totals 218 39 0 0 3 9 4224 0 784 540 0 161 0.1856061 0 0.1278409 0 otals 12 701 r L Friday, July 06, 2012 Page 5 of 5 Leonard Gilroy and Harris Kenny: Look Who's Embracing Privatization —Big City Democrats - WSJ.com Page 1 of 4 Friday. July 6, 2012 As of 6:09 PM New York 94-175- CROSS COUNTRY News, Quotes. Companies, Videos SEARCH Welcome, KEVIN O'MALLEY Logout Customer Center My Joumal Help IN U.S. Edition Home Today's Paper People in The News Video Blogs Journal Community NEW CIO Journal Access NOW World U.S. New York Business Markets Tech Personal Finance Life & Culture Opinion Careers Real Estate Small Business Leisure & Arts Book Reviews Letters to the Editor Political Diary Columns B of 12 9 o 12 10 of 12 11 of 12 TOP sr IN Opinion: Obama to Five Best: Writers' The Indomitable De Op W ok China Lives Gaulle Po: ibracing vatization --- Big CROSS COUNTRY I July 6, 2012, 7:09 p.rn. ET Look Who's Embracing Privatization —Big City Democrats Heavyweights like Chicago's Rahm Emanuel are going around public agencies and unions to improve schools, roads, parks and more. Article I Comments (17) By LEONARD GILROY AND HARRIS KENNY We often hear that America's infrastructure is crumbling, but did you know that tens and possibly hundreds of billions of dollars in private infrastructure funds are waiting to be spent? It's money that Chicago Mayor —and Democratic Party powerhouse —Rahm Emanuel has spotted, rightly calling it "a tool here that takes some of the pressure off taxpayers." In April, the Chicago City Council overwhelmingly approved Mr. Emanuel's $7 billion program to "rebuild Chicago" by constructing two new runways at O'Hare Airport; replacing 900 miles of water pipes and 750 miles of the sewer system; creating special routes for rapid bus transit; modernizing schools, transit stations and city buildings; and building 12 new parks and 20 playgrounds. MORE IN OPINION » To pay for these projects, Mr. Emanuel is turning in part to private firms including Citibank and Citi Infrastructure Investors, Macquarie Infrastructure and Real Assets Inc., J.P. Don't Miss... Powered by Taboola Morgan Asset Management Infrastructure Investment Group, and union -held Ullico. These firms say they are ready to provide at least $1.7 billion to help build the "new Chicago." (Though the details are not yet set, the likely arrangement would have the private firms putting up capital and then recouping their investments through user fees over a set period of years or decades.) "This model of private financing for public infrastructure is happening all over the world, but not here in America," said Mr. Emanuel, who served from 2009 -10 as President Obama's chief of staff. "I can't get from here to there on the old model —it's broken." There are decades of major public - private partnership success stories in the United Kingdom, France, Italy, Spain and elsewhere. The Reason Foundation's Annual Privatization Report finds that partly or fully privatized airports —such as Heathrow and Stansted in London, and Leonardo da Vinci - Fiumicino Airport in Rome, which make money from airlines and especially from passengers in stores, parking lots and the like — handled 48% of European air travel passengers in 2011. That's one reason Chicago is considering privatization plans for Midway Airport (which would ultimately require approval from the Federal Aviation Administration). Clinton Apologizes Opinion: The Great Daughters of for Bush 'rax -Cut American Formula is Bernie Gaffe Comeback Ecclestone Spend 02:56 06:24 $150 Million for 03:29 Recent Columns Gilroy and Kenny: Look Who's Embracing Privatization —Big City Democrats David Feith: Keystone State Kop -Out on Education Steven Malanga: State Politicians and the Public Pension Cookie Jar More in Opinion Gerhard Schroder: The Man Who Rescued the German Economy http: / /online.wsj.com/article /SB 10001424052702304141204577508482349727396 .html ?mod= WSJ_Opinion... 7/7/2012 Leonard Gilroy and Harris Kenny: Look Who's Embracing Privatization —Big City Democrats - WSJ.com Page 2 of 4 Associated i,resstcrucago sun - ones Chicago Mayor and former White House Chief of Staff Mr. Emanuel's new infrastructure plan is bolstered by the privatization success he's already experienced in Chicago. Last summer he launched a large -scale competitive bidding process in which two companies compete with each other —and head -to -head with city workers —to provide cheaper curbside recycling for Chicagoans. The competition forced government workers to find better ways to do their jobs, and Chicago reported reducing costs by $2 million in the first six months alone. "The City's crews have worked to close the gap between the private haulers' $2.70 price per cart by reducing their costs by 35 percent from $4.77 to $3.28 per cart," the city government reported in April. Also privatized by Mr. Emanuel: Chicago's Rahm Emanuel water -bill call center, airport and library custodial services, and the city- worker benefits - management system. Hiring private companies that could manage these services at lower costs led the city to lay off over 600 employees, so the mayor came under predictable fire from government unions. "My duty as mayor is to protect our city's taxpayers and be their voice—not to protect the city's payroll," he responded. Mr. Emanuel is doing what sensible leaders do: focusing resources on the core functions of government and using competition to lower costs on the rest. When government agencies are forced to compete with the private sector, it saves taxpayers money and makes government more responsive to its customers. Performance -based contracts that set clear standards ensure that high - quality services are delivered by private firms that are held accountable. Other prominent Democrats are joining Mr. Emanuel in embracing privatization or nonprofit funding for the countless nonessential services that drain city coffers. Paul Moreno: A Short History of Congress's Power to Tax Jenkins: Lies, Damn Lies and Libor Political Heavy Metal The Latest Jobs Drought Most Popular Read Emailed Video Commented 1• How to Be Sure You've Found a Higgs Boson - Heat Wave Grips U.S. 3• Opinion: Strassel: Obama's Imperial Presidency 4• Medicare Tries to Cut the Cost of Complex Patients 5• Diplomats Cheer Syria General's Defection Most Read Articles Feed Latest Headlines Boone Calls the Plays With Big Campus Gift Weak Labor Report Fans Fears Weak Report Lifts Chance of Fed Action Intrigue Behind Ouster at Duke Energy States Interpret Ruling to Cut Medicaid Heat Wave Grips U.S. California Bullet -Train Funds Approved Obama Offers Condolences After Diner Owner Dies Florida Shooter Leaves Jail on Bond Gay- Marriage Suit Is Rejected Another high - profile Democrat, Newark Mayor Cory Booker, has been directing a $40 From Around the Web Powered by Taboola million initiative to restore and build city parks, with much of the funding coming from the Content From Sponsors nonprofit groups GreenSpaces and Trust for Public Land. Newark attracted $19 million for its public charter schools in 2008 from the Gates More Headlines Los Angeles Mayor Antonio Villaraigosa, who will chair September's Democratic National Foundation, among others, and in 2010 Facebook CEO Mark Zuckerberg famously Convention, last year handed over the Northeast Valley Animal Care Center, which would have cost taxpayers $3 million per year to operate, to a nonprofit animal- rescue group. Oklahoma Oil Well Already Drilled and Tested. $7500 min. IRA ok. Mr. Villaraigosa is now in negotiations with the nonprofit Greater Los Angeles Zoo OklahomaOillnvesting.com Association to privatize the Los Angeles Zoo and Botanical Gardens, which received over credit cards For Business $14 million from the city last year. Find Great Credit Card Offers That Are Perfect For Small Business Mandel's Malibu Now. Sale Kiplinger Front Door CreditCardsFSB.com In Jacksonville, Fla., Mayor Alvin Brown (formerly an adviser to Bill Clinton and Al Gore) created an Office of Public- Private Partnerships in 2011, saying that "If the private sector Buy Stocks for $4 No Account or Investment Minimums. ING DIRECT Investing - $50 can do something better than city government, and in a way that saves money for Bonus. www.sharebuilder.com /ingdirect taxpayers, then we should work together." Another high - profile Democrat, Newark Mayor Cory Booker, has been directing a $40 From Around the Web Powered by Taboola million initiative to restore and build city parks, with much of the funding coming from the Content From Sponsors nonprofit groups GreenSpaces and Trust for Public Land. Newark attracted $19 million for its public charter schools in 2008 from the Gates Foundation, among others, and in 2010 Facebook CEO Mark Zuckerberg famously pledged $100 million to help improve the city's schools. The Pershing Square Foundation, Tour Brad Yitt's ui Cheapest Cars to four Howie founded by New York investor Bill Ackman, has given a $25 million gift to Newark schools Malibu Home for own Mandel's Malibu as part of Mr. Booker's effort to raise matching funds for the Facebook money. "It's your Sale Kiplinger Front Door Home for Sale Front Door right to have a good education," Mr. Ackman told Bloomberg Businessweek. "If you can't, http: / /online.wsj.com /article /SB 10001424052702304141204577508482349727396 .html ?mod= WSJ_Opinion... 7/7/2012 Leonard Gilroy and Harris Kenny: Look Who's Embracing Privatization —Big City Democrats - WSJ.com your government has failed you and the private sector has to get involved to fix the problem." Harsh fiscal realities are making it easier for local politicians to spot the differences between vital government services and luxuries. "You never want a serious crisis to go to waste," Mr. Emanuel famously said after President Obama was elected in 2008. Now that he's at the local level, Mr. Emanuel is demonstrating that cutting government waste and partnering with the private sector is how you actually get out of a serious crisis. Mr. Gilroy is the director of government reform and Mr. Kenny is a fiscal policy analyst at Reason Foundation, a Los Angeles -based think tank. They are editors of the foundation's Annual Privatization Report, available online. t version of tlals article nppeal °e 1 J111t1 7, 2012, 0111)0ge:11t is the U:S. edition of7he Wall Street Journal, with the headline: Look Who's Enibnwing Privatization - -Big Croy Democrats, JOIN THE DISCUSSION 17 Comments, add yours Don't Miss... LIFESTYLE t Don't Forget to Pack _ t �i»..., Photographer 03:18 PERSONAL FINANCE Celine Dion Puts Her Private Island on Sale 00:51 a President Lowers Mortgage If you owe under $729k you probably qualify for the Govt Refi Program www.MortgageRatesExperts.com 11111111104T.T511f Mortgage Companies Find Mortgage Companies, Brokers & Agents serving your area. yellowpages.com Lowest Home Mortgage Rate We Offer Lowest Home Mortgage Rates Compare the Lowest Rates Available mortgag edebt. com Low, Lower, Lowest Rates Mortgage Rates at their Lowest Compare top mortgage rates in the state h ttp: / /ban ktruth. orgimortgag e/ Powered by Taboola LIFESTYLE 'The Girl From Ipanema' Turns So 01:45 NEWS Clues Emerging on Romney's VP Pick 03:12 You Might Like From Around the Web ..., .. ° - -- - ° ° °- - °- .... Content from Sponsors What's this? Why Tiger Woods Can't Stand The Sun Are Australians Really Dumb, Drunk and Racist? 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(Living the Promise Blog) Lutherans Vote to Oppose Marriage Amendment (Minnesotans United for All Families) Page 3 of 4 BACK TO TOP http: / /online.wsj.com /article /SB 10001424052702304141204577508482349727396 .html ?mod= WSJ_Opinion... 7/7/2012 Page 1 of 6 IP5 II News, Quot Sunday, July 8, 2012 As of 9:35 PM New York 87 166° U.S. Welcome, KEVIN OWALLEY Customer Center My Journal He U.S. Edition Home Today's Paper People In The News Video Blogs Journal Community NEW CIO Journal Access NOW » World 1 U.S. New York Business Markets Tech Personal Finance Life & Culture Opinion Careers I Election 2012 Washington Wire The Obama Budget Capital Journal Economy San Francisco Bay Area WSJ /NBC News Poll Journal Rep 2of12 3of12 4of12 TOP STORI IN n ec�wwer aces Jail Shift Makes For Now, Bullet Train May Go Arsenic as Basis for xigt eadwind Waves in California Nowhere Rebutted U.S. NEWS ; Updated July 8, 2012, 10:35 p.m. ET Wind Power Faces Taxing Headwind Article I Video I ! Stock Quotes I I Comments (81 ) By MARK PETERS And KEITH JOHNSON Mark Peters/The Wall Street Journal A worker assembles components at Acciona's West Branch, Iowa, plant. Don't Miss... Asia's Richest Man Evidence Gives His Son Cash in Morid. to Embark on New Martin M Investments Case 04:15 03:45 More in US http: / /online.wsj.com/article /SB 10001424052702303684004577509120742881442 .html ?KEYWORDS= win... 7/9/2012 WEST BRANCH, Iowa — Acciona Windpower's generator - assembly plant here in the heart of the corn belt is down to its last domestic order as the U.S. wind energy industry faces a sharp slowdown. Demand for the school bus -size pods it assembles to house the guts of a wind turbine is drying up as a key federal tax credit nears expiration. Acciona is now banking on foreign orders to keep the plant going next year, while hoping the credit will be extended. The debate over renewing the credit is dividing Republicans, with conservative lawmakers from wind states joining Democrats to push for an extension even as the presumptive GOP presidential nominee, Mitt Romney, has made attacks on government support for clean energy, including wind, a centerpiece of his fight against President Barack Obama. After several years of domestic growth, the U.S. wind industry faces possible layoffs and shutdowns as a key federal tax credit is set to expire. Mark Peters reports from West Branch, Iowa. The tax policy, initiated two decades ago, currently gives operators of wind farms a credit of about two cents per kilowatt-hour Page 2 of 6 Wind Power Faces Taxing Hea Obama Seeks to Shift Debate ti Jail Shift Makes Waves in Cali] For Now, Bullet Train May Go U.S. Temperatures Cool Off bu Most Popular Read Emailed Video co! 1. Thousands Could 2. New Jolt Looms for Inv 3• Malware Threat to Intel of electricity they generate. Without the credits, wind power generally can't 4• Inside Apple's Approacl compete on price with electricity produced 5. The Crushing Cost of Q by coal- or natural gas -fired plants. Analysts predict that if the tax credit Most Read Articles Feed expires on Dec. 31, as it is scheduled to, installations of new equipment could fall by as much as 90% next year, after what is expected to be a record increase in capacity in 2012. Democrats generally support federal backing for wind power and other clean energy, arguing that it needs help to compete with entrenched fuel sources whose environmental and health impacts often aren't included in their costs. Mr. Obama has made several campaign trips to Iowa, where he argued for wind energy's tax credits to be extended. Most Republicans are less bullish on clean energy's prospects, and say the government shouldn't support technologies that aren't commercially viable on their own. Still wind power has vigorous support from some of the reddest districts in the country, with Republican congressmen in wind -power heavy states like Texas, Iowa, and Colorado backing the industry tax credit. Mr. Romney has criticized the Obama administration's support for clean- energy subsidies. "Solar and wind is fine except it's very expensive and you can't drive a car with a windmill on it," Mr. Romney said at a campaign event in March in Youngstown, Ohio. His economic plan says wind and solar power are "sharply uncompetitive" forms of energy, whose jobs amount to a "minuscule fraction" of the U.S. labor force. A campaign spokeswoman said Mr. Romney supports "the development of affordable and reliable energy from all sources, including wind." He hasn't publicly called for the renewal of the tax credit for wind. "That's a conversation I need to have with Gov. Romney," said Rep. Steve King, an Iowa Republican and a member of the House Tea Party Caucus who says 5,000 wind - industry Latest Headlines Wind Power Faces Taxing Hea Obama Seeks to Shift Debate t( Jail Shift Makes Waves in Cali] For Now, Bullet Train May Go U.S. Temperatures Cool Off bu Arsenic as Basis for Life Rebut Malware Threat to Internet Co Old Battleship Reopens, Its Fu Gas Prices Expected to Stay Lo Rep. Frank Marries Longtime ] More Headlines http: / /online.wsj.comlarticlelSB 10001424052702303684004577509120742881442 .html ?KEYWORDS= win... 7/9/2012 Page 3 of 6 jobs statewide and locally - produced clean energy are proof of the benefits of federal policies that support wind power. Iowa has gained several wind -power manufacturing WIND to Blow Up in 2012? Don't trade WIND until you get ot facilities in recent years and ranks second among U.S. states in number of wind farms, advice! after Texas. Terry Branstad, the state's Republican governor, also backs a renewal of the www.TheBestNewslefters.com credit Dowmhvft A sharp drop In U.S. wind projects Is forecast for 2013 as a key federal tax credit expires on Dec. 3L New wi neratlon capacity added, In rnegawatts yam. ........ ..... .w... 81 ... .____1 61000 ........E ..I 2003 '05 '07 '09 '11 '13 Notes: 1`ederal'tax t t previously expired in 2004; Data for 2012 and 2013 are forecasts Source. 1145 Emerging Energy Research The production tax credit has spurred huge growth since it was signed into law by President George H.W. Bush in 1992, but it has kept the industry's future tied to the vagaries of Congress. The credit now is caught in the congressional gridlock of an election year, and a vote on renewal isn't likely until after November. Even if renewed then, the pipeline of projects next year is already crimped. "In some way, it's too late to save 2013 build," said Matthew Kaplan of consultancy IHS Emerging Energy Research. The credits for wind have expired three times before, most recently in 2004, with new construction slowing sharply each time before the credit was later renewed. Now the stakes are higher, because the wind The Wall Street Journal industry has established a manufacturing base in the U.S. to build many of the 8,000 parts that go in a typical turbine. Industry data show manufacturing facilities in the U.S. have more than doubled since 2009 to around 470 in 2011. Meanwhile, wind's share of U.S. electricity output has grown to 2.9% last year, from about 1.3% in 2008, according to the Energy Information Administration. "There is a lot more skin in the game," said Joe Baker, chief executive of the North American wind power subsidiary of Acciona SA, I ANA.MC +0.11% Spanish company. Its Iowa plant gets 80% of its components from North America, mostly made in the U.S. Almost no components came from the U.S. when the plant opened in 2008. Many Republicans argue that any benefits from wind power don't justify government investment. "What do we get in return for these billions of dollars of subsidies ?" Sen. Lamar Alexander, a Tennessee Republican who has long criticized the tax credit for the wind industry, said in a speech earlier this year. "We get a puny amount of unreliable electricity." Local communities are now fearing layoffs in the industry, which employs an estimated 75,000 people nationwide. A Siemens AG I SIE.XE +0.247/o)urbine -blade factory is the largest employer in Fort Madison, Iowa, which has struggled with one of the state's highest unemployment rates. Mayor Brad Randolph said getting the plant "really was a Mortgage Rates Hit 2.50 % If you owe under $729k you may Plans. www.SeeRefinanceRates.com Wind Generator Find Wind Generator Nearby. Se Local.com From Around the We Content From Sponsors How Google's A Fashiot Marissa Mayer Goes Viri Prevents Burnout Entreprene Entrepreneur http: / /online.wsj.comlarticlelSB 10001424052702303684004577509120742881442 .html ?KEYWORDS= win... 7/9/2012 Page 4 of 6 corner turner," but with industry's current outlook "you could see a large number of employees getting laid off. That could be a game changer the other way." Vestas, a Danish company that is the biggest manufacturer of wind turbines in the world, employs about 1,700 people at four factories in Colorado, a relatively energy -rich state that has also benefited from wind's growth. Uncertainty over the tax credit "requires us to have a flexible plan for the future that allows us to add, adjust or eliminate positions in 2012," a Vestas spokesman said. That uncertainty trickles down the supply chain. Walker Components, a privately held company in Denver, expanded operations more than two years ago to supply gear for Vestas turbines. Now, like others that supply the wind industry, the company is contemplating layoffs in its wind division if the credit expires. Acciona's Mr. Baker said a few employees recently left for other jobs, telling him they wanted to be in industries with more stable outlooks. "It became an employment issue for them. They're not sure. They don't like the seesaw effect," he said. Write to Mark Peters at mark. peters(d)dowjones.com and Keith Johnson at keith.johnson cr.wsj.com A version of this article appeared Aly 9, 2012, on page A4 in the U.S. edition of The Wall Street Journal, with the headline: Wind Power faces Taxing Heachvind. JOIN THE DISCUSSION 81 Comments, add yours MORE IN US http: / /online.wsj.comlarticle /SB 10001424052702303684004577509120742881442 .html ?KEYWORDS= win... 7/9/2012 IP6 As you know I am here to object to the City Council of Iowa City providing Marc Moen with TIF financing. First off I object to the discriminate way in which the City provides TIF financing. Moen is a prime example of what I mean. The first TIF given to the Moen Group allowing them to build Plaza Towers was a travesty of the worst degree. There are several reasons why I say and can prove this statement: 1. In the very beginning to appear to the general public that the Community Planning and Development Department wanted to have Marc and Monica Moen become the Preferred Developers of the last remaining Urban Renewal Parcel known as Parcel 64A. The reason for this and the distasteful way it was presented was primarily because of the relationship of Karin Franklin in the Community Planning and Development Department and Marcia Moen who was a city employee of several years that had substantial contact with Karin Franklin. Monica left the City for reasons unknown but most likely the plan had been laid and needed a bit of time to become acceptable in the eyes of the Council. 2. When Karin came to the Council with the statement "a couple of developers are interested in Parcel 64A" the truth was that it probably was Marc and Monica and not a couple of developers. This will be denied of course. As the plot thickens it was in their best interests to have a Request for Proposals aka RFP to appear legitimate. In doing this three unaware developers with excellent credentials entered the arena not realizing that the deck was stacked. These were Contractor /Developers with proven track records of building quality projects of substantial size. These were also developers that had strong financial statements that would stand the eyes of a CPA firm to conduct the required audit or review previously conducted audits. This was a stated requirement of the RFP. Marc, Michael and Monica Moen did not have histories that would withstand the scrutiny of an audit and produce a favorable report. Again Franklin and most likely Steve Atkins winked their approval to the then Mayor Ernie Lehman and they accomplished their way over this hurdle and as the Council sat dumbly unknowledgeable and just liked Marc. 4. This came back to bite them in their hinnies when I asked to see the supposed public financials which Marc had promised would be public. So being an astute attorney Marc sued the City to suppress the financials. WOW there is justice in the city. Marc lost and had to allow their viewing by the public. I got in line and got all three. Having a degree in accounting I can tell you that they were sad excuses which from my U S Army experience I think they should have been relegated to a latrine paper. But as Shakespeare told us All's Well that Ends Well. A tear shed and a hug from Karin with a "I'm so sorry Marc" when the judge made his ruling and the drama was over. 5. There was another problem poking its head over the horizon. One of the RFPeed upon developers offered $1,750,000 for the site and did not ask for a TIF. 6. The poor Moen Group could not meet those standards so again the Franklin and company loosened the requirements and came up with a value of $250,000 even though it was appraised at the $1,750,000 value. Marc was so happy the he gave his word that he would be happy to negotiate if a higher price were put on the land. So why did that not happen? 7. A little history comment here is in order. The Council accepted the Moen Group proposal on a 4 to 3 vote. In favor were Lehman, Champion (of the people) O'Donnell and Wilburn. Opposed were Kanner, Pfab, and Vanderhoef. The interesting aspect here is that Ross Wilburn who worked for an agency that received Community Block Grant Funds had excused himself previously on any issue that came before the Council which would impact any agency the received CDBG funds. Lo and behold this time was different. Ross voted in favor of the Moen Group and they won on a 4 - 3 decision. What happened on the way to the decision? Only Ross and maybe a few others know. 8. Along the way to the awarding the RFP a clear set of plans was presented with substantial space for low income tenants and this was acceptable. Acceptable because the other developers would have provided such space accommodations. Lo and behold again Marc and Karin used their magic to allow changes to take place after the fact. Changes that were quite financially rewarding to the Moen Group. Apartments became Condos and now we can enjoy having the elite liberal class right here in River City. 9. Another fact is that the property did not merit a $7.5 million TIF so a side TIF for $2 million was granted on Marc property he built after demolishing an Iowa City Historical Treasure called the Vogel House. As some checking later was revealed that Marc only had around $30,000 equity in the Vogel House Building. Pretty good deal wasn't it? 10. Time will not permit me to expand on some other instances of questionable actions by people associated with the Moen Group can be briefly stated here: a. Who robbed the.Hills Bank in December of 1999 and why was that person kept off of the original documents? b. Why is Marc allowed to have a parking lot on the corner of Clinton and Burlington which is in the central business district and that use had been prohibited. c. Why was Marc allowed to rent property called the White Way Grocery with apartments above after he was told for 2 years to put in a fire sprinkler system and he never did comply? Well the building burned down so I guess it does not matter anymore. 11. More specifically to the impending travesty, considering the negative press and opinions of the local public regarding TIFs in the State of Iowa, Coralville and Iowa City why would the City Council even consider this proposal on the table? If Marc cannot afford to do it why should the taxpayers pay for it? 12. Another question is, knowing Mares propensity to sue the City and the fact that he is an attorney, was the Council apprised of this and were all documents reviewed by the City Attorney? This goes not only to the ignorance and foolishness on the part of the Councilors but the dereliction of duty by the City Attorney if such warnings were not made clear knowing that Marc never loses and he will sue for damages if his proposal is canceled. The cost would be less than the costs of the TIF and our tax bills will not increase substantially. I would recommend that any cost should be presented, substantiated and verified with the billing party. I would also recommend that a letter be drafted to the Internal Revenue Service informing them of this situation and asking for substantiation of any monies or costs would be on that someone's tax return in the appropriate period. Mediacom June 27, 2012 Ms. Marian Karr CERTIFIED MAIL City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240 -1826 Dear Ms. Karr: Mediacom's TV channel line -up is now all- digital, which brings faster Internet, more channels, more HD, better picture and sound quality for an all- around better viewing experience. The transition moved channels 23 through 80 to a permanent digital home. Customers with older TVs (manufactured before 2007) that do not have a built -in digital tuner or those who do not have a Mediacom digital receiver need a digital adapter in order to see the content on these channels. At this time existing customers will continue to receive digital adapters at no cost as long as he or she maintains the number of adapters currently used; if an existing customer requests an additional adapter it will cost $.99 per month as of August 15, 2012. All new customers will see a fee of $0.99 per adapter on their monthly bill upon signing up with Mediacom. Mediacom is proud to serve the City of Iowa City, and looks forward to bringing our customers the best services we can provide. Should you have any questions please feel free to contact me via email at lgrasslev@mediacomcc.com or via phone at 319.268.5033 Sincerely, O�t 4"J�- Lee Grassley Senior Manager, Government Relations Mediacom Communications Corporation 6300 Council St. NE • Cedar Rapids, IA 52402 • 319- 395 -7801 • Fax 319 - 393 -7017 IP7 Marian Karr IP8 From: City of Iowa City <webmaster @iowa - city.org> Sent: Wednesday, July 11, 2012 3:55 PM To: Marian Karr Subject: City of Iowa City Introduces OR Technology at City Hall Contact: Shannon McMahon Contact Phone: (319) 356 -5058 City of Iowa City Introduces QR Technology at City Hall Posted by: City Manager Mailing List(s): General City News Originally Posted 7/11/2012 3:54:56 PM There is a new way to view meeting agendas at Emma Harvat Hall and Helling Conference Room in City Hall. OR codes are now located near the entrances to both rooms and can be conveniently scanned by smartphone users to direct them to this information. If you are unfamiliar with this technology, QR (short for "quick response ") is a code that graphically stores text -based information. This text can be a quick note, an email address or phone number, calendar of events, or in this case a web address. Your device must be equipped with a camera and have QR reading software installed in order to utilize this technology. There are many free code - scanning apps available for download on the web. For example, Android users may want to try QR Droid, while iPhone and iPad users may want to check out RedLaser software. The implementation of this technology advances Iowa City's efforts to be transparent and offer residents the most up -to- date information about our government operations, as well as providing a paperless resource for those interested in cutting down on paper waste and making use of the latest trends in technology. Please contact the Communications Office at 356 -5058 with any questions regarding this new service. View this article on the ICGov Web Site: http://www.icqov.org/defaulttapi)s/GEN/news.asp?newslD=8021 Do not reply directly to this e-mail! It is produced from an automated system, and is not monitored for replies. If you have a question or comment about this information, please contact the originating department of this message, or by using our feedback form. For technical questions regarding the website, please contact our web team. • Unsubscribe or edit your subscription details. • Visit our lobs Page for employment opportunities. • View more news from the City of Iowa Citv. Airport Commission June 21, 2012 Page 1 MINUTES IOWA CITY AIRPORT COMMISSION JUNE 21, 2012 — 6:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Jose Assouline, Howard Horan, Rick Mascari Members Absent: Minnetta Gardinier Staff Present: Sue Dulek, Michael Tharp Others Present: Matt Wolford, Jeff Edberg, David Hughes DRAFT IP9 RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): Airport Commission by consensus agreed to recommend to Council to develop a policy to allow alcohol be served at events held at city facilities. CALL TO ORDER: Chairperson Assouline called the meeting to order at 6:00 P.M. APPROVAL OF MEETING MINUTES: Minutes of the May 17, 2012, meeting were reviewed. Mascari moved to approve the minutes of the May 17, 2012, meeting as submitted; seconded by Horan. Motion carried 3 -0; Gardinier absent. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION /ACTION: a. Airport Commerce Park — Tharp noted that he has not heard from Jeff Edberg, but that he did have contact with his secretary regarding the meeting schedule. Mascari noted that the realtor is only putting one ad out per month on the commerce park lots, and he questioned if more marketing isn't needed. Edberg showed up at this point in the meeting and Members posed the increased marketing question to him. Edberg explained the advertising methods currently being used, noting both the Skogman web site and his own personal web site. He further clarified how the marketing of these lots is being handled. At next month's meeting, Edberg will bring his laptop and show Members just exactly what he is talking about with the web sites and the marketing plan. The discussion continued, with Members talking about the various angles that could be used to draw attention to these lots. Mascari asked for an update on Deery's option to purchase additional lots. Edberg stated that the option period for Deery to buy the additional lots expired. Edberg noted that he is aware of another client with interest in these lots. b. Terminal Building Brick Repair — Mascari stated that the work looks great and other Members agreed. Mascari moved to consider Resolution #Al2 -20, Accepting Work Airport Commission June 21, 2012 Page 2 for Terminal Building Exterior Repairs; seconded by Horan. Motion carried 3 -0; Gardinier absent. c. Hangar L — Tharp stated that ground has been broken on this project, with the end of September, early October as the expected completion date. Mascari asked if there have been any unexpected changes or delays. Tharp noted that MidAmerican wants to make some changes and he briefly explained these. d. FAA/IDOT Projects: AECOM — i. Obstruction Mitigation — David Hughes addressed the Members, noting that there is no update on the obstruction mitigation at this point. ii. 7/25 Parallel Taxiway Grading & Drainage — Hughes noted that they are finishing up the west end of the project. The deep fill is completed and the contractor is currently putting top soil on. Hughes added that they plan to complete this project by the end of next week. iii. 7/25 Parallel Taxiway Paving & Lighting — Hughes stated that the paving and lighting project is at the bidding stage now. 1. Public Hearing — Assouline opened the public hearing. Hughes stated that after speaking with the FAA it sounds like discretionary funding is going to be more readily available than it has been in the past few years. Assouline then closed the public hearing after a brief discussion. 2. Mascari moved to consider Resolution #Al2 -21, Accepting Plans and Specifications for Runway 7/25 Parallel Taxiway Paving and Lighting for Construction; seconded by Horan. Motion carried 3 -0; Gardinier absent. iv. Airport Electrical Rehab — Hughes stated that they sent out four RFPs to electricians, and received back three. The two lowest bids were only about $300 apart, according to Hughes, with Girard Electric being recommended. Mascari moved to consider Resolution #Al2 -22, Awarding Contract for Airport Electrical Rehabilitation as discussed; seconded by Horan. Motion carried 3 -0; Gardinier absent. e. Aviation Authority — Tharp spoke to this issue, noting that he had a conversation with the Cedar Rapids Airport manager this morning regarding this. He gave Members a brief history of why various other cities have gone to having an Authority, such as Des Moines doing so in order to speed up the process of being able to obtain more airlines. Burlington created an Authority in order to revitalize their airport. Tharp noted that if the Commission is interested, the Cedar Rapids Airport manager did offer to have their consultant expand what he is looking at, to make it not only a regional approach but also to look at possible partnerships that could be forged between entities. Members discussed their feelings, with the majority agreeing that they should take a wait - and -see attitude. Airport "Operations ": i. Strategic Plan- Implementation — Tharp stated that he would like to do a review of this plan when all Members are present. Members agreed they could do this at the July meeting. ii. Budget — Tharp stated that things look good for the end of the fiscal year. Revenues are coming in a bit higher due to some lease changes and increases. Expenses, on the other hand, are a bit lower than expected, according to Tharp. Airport Commission June 21, 2012 Page 3 iii. Management — Tharp stated that he has the appropriate form needed to change his position from .75 to FTE status on July 1St. Tharp next spoke to the issue of allowing alcohol to be served at Airport functions, noting that he has had conversations with the Library and Parks and Rec about this. They would like to see the City restrictions eased on being able to serve alcohol in City -owned facilities. This would be tied to an approval process, which Tharp briefly explained. Members discussed whether or not they want to proceed in this direction. Dulek explained what this type of procedure would do for the Airport. The three Members present agreed that they would like to pursue an alcohol policy. g. FBO / Flight Training Reports — i. Jet Air — Matt Wolford spoke to the Commission next. He added to the previous conversation that Jet Air would like to be able to hold special events, where alcohol could be served. He then gave a brief rundown on where Jet Air is with their building project, which has a completion date of July. Wolford also noted an uptick in their business with flights. ii. Iowa Flight Training — Wolford noted that Tim was not present from IFT but that from what he can tell things are still busy there. Tharp noted that a couple of weeks ago during the Young Eagles' event, Tim did an aviation camp. h. Subcommittee Reports — i. for June — Infrastructure (Horan, Mascari, Tharp) — Horan spoke about the vertical infrastructure report. He noted that things are slowly but surely getting done, i.e., runway lights, transformers, and controllers. He briefly touched on some of the other infrastructures projects that are either in the process of getting done or need to be looked at. Assouline asked if the airplane that sits up front could be washed down, to which others agreed. Mascari asked if there is any way to get water to the hangars, some type of pump that a hose could be attached to. Wolford pointed out an area at the Airport where Mascari could access a hose. The discussion continued with Horan touching on some of the long -term projects they hope to achieve. Tharp also noted some roof repairs that will be completed this summer. ii. for July — no reports L Commission Members' Reports — Mascari noted that his annual checkup went well at Jet Air. He also noted that Jerry Full called him recently to say that he has vacated his hangar. Mascari said that it will take him some time to get his things moved. Horan stated that he is still enjoying his flight training. j. Staff Report — Tharp stated that he will be taking a few vacation days next week. In July he will take off for a week's vacation. Tharp also stated that yesterday the Airport hosted the department -head staff meeting for the City. He said that he had several compliments on the Airport. Tharp also spoke briefly about the Young Eagles event back on June 9th, stating they did about 32 airplane rides for the youngsters. Horan added that Sertoma is the last Sunday in August. Mascari then mentioned that his daughter got married last weekend. Airport Commission June 21, 2012 Page 4 SET NEXT REGULAR MEETING FOR: The next regular meeting will be Thursday, July 19, 2012, at 6:00 P.M. at the Airport Terminal building. ADJOURN: Mascari made the motion to adjourn the meeting at 7:02 P.M.; seconded by Horan. Motion carried 3 -0, Gardinier absent. CHAIRPERSON DATE Airport Commission May 17, 2012 Page 5 Airport Commission ATTENDANCE RECORD 2012 Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time TERM o 0 0 0 0 0 0 NAME EXP. (0 rn C" Cn CC) N N N N N N N 03/01/13 X X X X X X X Rick Mascari 03/01/14 X X X X X X X Howard Horan Minnetta 03/01/15 X X X X X X O/E Gardinier Jose 03/02/12 O/E X X X X X X Assouline Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time Z10 MINUTES PRELIMINARY BOARD OF ADJUSTMENT JUNE 13, 2012 — 5:45 PM CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: Larry Baker, T. Gene Crischilles, Brock Grenis, Caroline Sheerin MEMBERS ABSENT: Will Jennings STAFF PRESENT: Sarah Walz, Karen Howard, Sarah Holecek OTHERS PRESENT: Beth Bewley - Randall, John F. Shaw, Johna Leddy, Mike Pugh RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: All 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 MAY 9TH MEETING MINUTES: Baker moved to approve the minutes for May 9th, 2012 with minor corrections. Grenis seconded. A vote was taken and the motion carried 4 -0. Holecek declared that a conflict of interest had been identified in regard to the second item on the agenda and because it will likely be deferred, she suggested that the Board make that the first item on the agenda and consider the items out of order. Baker moved to consider the agenda items out of order. Crischilles seconded. A vote was taken and the motion carried 4 -0. Board of Adjustment June 13, 2012 Page 2 of 17 APPEAL APL12- 00001: Discussion of an application submitted by NCS Pearson to appeal a decision of the Iowa City Housing & Inspection Services Director denying a building permit on the grounds that a proposed 145 -foot wind turbine is not an accessory use. Holecek stated that she has a conflict of interest with this application based on the fact that she put the legal standards in the same memo as the staff memo that advocates or draws a conclusion that is in support of the building official's determination. She said based on that and the desire to give the applicant appropriate due process, she will have to recuse herself from this application and the City will have to provide the Board with independent counsel. She said if the Board wished to do so, they could proceed without counsel. Mike Pugh, counsel for NCS Pearson, said they had raised the conflict issue, and they are not willing to go forward with waiving the conflict. He said they think independent counsel should be provided to the Board. Baker moved to defer APL12- 00001, an application submitted by NCS Pearson to appeal a decision of the Iowa City Housing & Inspection Services Director denying a building permit on the grounds that a proposed 145 -foot wind turbine is not an accessory use. Grenis seconded. Sheerin invited discussion. Baker asked if this issue was still going before the Planning and Zoning Commission for an amendment. Holecek said it was. Baker asked if there was a time frame for the matter being resolved and the Planning and Zoning level. Walz said that she can't give the Board a date, although it is being worked on. She told Baker that probably nothing would be resolved within 30 days. Sheerin said she would personally not want to move forward on an application without legal counsel. A vote was taken and the motion carried 4 -0. Sheerin declared that the item is deferred to the July agenda. SPECIAL EXCEPTION EXC12- 00009: Discussion of an application submitted by Beth Bewley - Randall and Tom Randall for a special exception to convert a non - conforming use in the Medium Density Single Board of Adjustment June 13, 2012 Page 3 of 17 Family (RS -8) zone at 1018 Walnut Street to another non - conforming use (a Building Trade Use). Walz showed the location map and several views of the site to the Board. She said it's a large building, 8,000 square feet, originally built in the 1930s as an automobile showroom. She said there were a number of uses on the property over the years that were never permitted or known about by the City. She said the most recent use that they were unofficially aware of was that someone was storing cars there and restoring them for noncommercial purposes. She said the Zoning Code provides for the situation where a building that was clearly constructed for a use that's not permitted in the zone for the building and its use to be converted to those of a lesser intensity, provided that certain conditions are met, which are outlined in the specific criteria in the staff report. She said the applicants would like to use the building for their electrical business and would not function in a way that would bring customers to the site, but would rather principally contain storage and administrative functions. She explained that the applicants had already purchased the building and were using it for these purposes when they discovered the nonconforming use. She noted that there is a continuous curb cut along the front and there is no set -back for the parking area or partially paved area. Walz said the first specific standard is that the proposed use will be located in a structure that was designed for a use currently not allowed in the zone, and this situation clearly meets that criteria. She said the second standard is that the new use is of the same or lesser intensity and impact than the previous existing use, which the Board will have to determine. She said the staff considered the kinds of things that could potentially use the subject building and talked about the kinds of things they wouldn't want to see — a lot of noise, many users, many visits to the site. She said the building doesn't have a clear history. She said the use that's being proposed would mean that there would likely be more vehicles, parking and day -to -day activity at the site. She said staff considered that the special exception would be for one use only, all the activities would be inside the building, employees would pick up their trucks inside early in the morning and return them late in the day, and the rest of the day would be fairly quiet. She said this special exception would be granted to the property so the staff laid out conditions with the fact in mind that eventually there will be a different but similar user at this building. Walz said that staff found the proposed use is suitable for the structure and site and outlined the reasons staff set out in their report. Walz said for the first general standard that states the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare, the continuous curb cut along the front was of concern to the staff because that crosses the sidewalk. She said having narrower drives forces vehicles to slow down before they enter a site and limits where they can enter and exit the site and it makes pedestrians more aware of where their space is and where the vehicle space is. She said staff recommended limiting driveway access to the site and described what the code recommends for that. Creating separation between the vehicle parking set parking area back 10 feet from the public right of way from their front property line and screen it, which serves as another way of separating vehicles from pedestrian areas and also as aesthetic screen. She directed the Board to look at the staff report to see how staff arrived at its recommended standards. Walz said the second general standard is that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values. She said she has laid out in the staff report those things that staff feels would limit those aspects of the building trade use that might be Board of Adjustment June 13, 2012 Page 4 of 17 disturbing, which include changes to the parking area, limiting hours of operation, requiring that the vehicles be stored inside during non -work hours, no outdoor storage of equipment, material or dumpsters, activity must be conducted indoors, signage would be limited to what would be allowed in a residential zone, all outdoor lighting would have to meet standards of residential zones, the building must be painted, and the parking area should be paved. Walz said the rest of the general standards are laid out in the staff report. Crischilles asked Walz if she had received any emails opposed to the special exception before the two that arrived today. Walz said she was contacted early on by Miss Brookhart before the recommendation was made. She said she may have received one of the positive responses before recommendations. She said the applicants had conducted a good neighbor meeting and invited people to come to the building and learn what they intended to do with the site around the time that the City sent out letters notifying residents within 300 feet of any portion of the subject property, which would have been about two weeks ago. Baker asked if there was a letter from either of the neighbors directly across the street from the subject property. Walz said there were not letters from them. Baker asked if the existing gravel area would be paved. Walz affirmed that it would. Baker asked if the Code regulated the number of vehicles used by the particular use. Walz said there is a minimum parking requirement for uses in the off - street parking standards, and for a business trade use it is one space per 750 square feet, so that would require 11 spaces. She said some of those spaces can be provided in the interior of the building. Walz said she recommended to the applicant that they think about the number of spaces they will actually need in order to minimize on- street parking. Baker asked if the number of vehicles needed for the business itself will increase over time. Walz said it is possible that there will come a time when they outgrow the parking space, and if that is a concern, the Board would need to discuss if they want a condition that addresses that issue, should they approve the special exception. Baker asked how the Code requirements for lighting in a residential zone would apply to this commercial use. Walz said the applicant would be required to comply but staff added it as a condition so that the applicants and the neighbors would be on notice about that requirement. Baker asked if the type of security lighting that would be on this kind of commercial building would create a greater light nuisance than normal. Walz said it would probably have more lighting than a house, but there would be no lighting Board of Adjustment June 13, 2012 Page 5 of 17 allowed in the parking area, all lighting would have to be downcast, and no lighted signs would be allowed. She said the lighting allowed would be comparable to what you would find at a church or school. Grenis asked how restricted the hours of operation would be. Walz said they would be enforced only by complaint. Sheerin referred to a letter by Johnna Leddy and said there was a question of deterioration of the road because it's not made for these kinds of trucks and their weight. Walz said she had Ron Knoche from the City Engineer's office go out and look at the street. She said he felt the road was in good condition. She said no one on staff raised that issue with this use. Sheerin said she was sympathetic with the neighbors who are concerned that this use will increase noise and congestion but she thought that by the nature of the structure, whatever its use will do that. She asked Holecek that if they don't approve the special exception, at what point are they making the building useless. Holecek referred her back to the staff report and its considerations for adaptive use. Sheerin asked at what point it would be considered a taking. Holecek replied that under Iowa law it substantially destroys the value of the building, and that's typically under a variance analysis. Grenis said if the building is not used for building trade use, what other uses qualify as a lesser intensity use in an RS -8 zone. Holecek said it would be nonconforming. Walz said staff's main concern was any kind of use where you had customers coming to the site or where you had multiple people independently using the building. She it could be used for office use, although it would have to be adapted, or just for storage. She said she thought the latter would be lesser intensity use, but it is a gray area. She said in staff s view what made this application seem less intense was the single user, the controls that could be put upon it, and the applicant willing to make those conditions official and abide by them. Baker asked if it is business trade could it ever be retail space. Walz replied that she didn't believe that staff would ever recommend that but that there could be another request for a special exception, in which case there would have to be such conditions put upon it that it would limit any retail use to a certain level. She said with this applicant, because the majority of trucks leave at one time in the morning and return late in the day, this seemed to staff a desirable way to use the property. Grenis asked if this exception would hinder it from being a residential use in the future. Walz said it would not. She said this exception would not tie the building to a commercial use. Board of Adjustment June 13, 2012 Page 6 of 17 Sheerin opened public hearing. Beth Bewley - Randall of 1020 Kirkwood thanked the Board members for their service and the staff for putting together the recommendation and working with she and her husband as applicants advising them on how to navigate the situation. She said in the past there was an auto mechanic in the building for over twenty years and it's also a thrift store and car repair shop. She said she and her husband are in agreement with the staff recommendations with a couple exceptions. She said the building trade use they are seeking will have less impact than the automotive service that it officially is now. She handed out two maps to the Board, one that was labeled Area Buffer Green Space as Recommended by Staff and the other Area Buffer Green Space as Requested by Owner. She said their proposal is increased green space, which would enhance the visual appeal and would assist with run -off, water and drainage and keep more storm water on site. She said that it would also eliminate the southwest street buffer, which would make it easier for the trucks to back into the building and also a job trailer, should they have one in the future. Bewley - Randall said that daily post- renovation life should be very quiet for the neighborhood. She said that in response to a concern about copper recycling, and she said they use best practices in recycling and metal and the plastic, so there's nothing stored on site and there are no fumes created. Grenis asked if copper stripping and recycling is the only re -use. Bewley - Randall said they plan to have a small metal dumpster that would be inside the building for the materials that would later be taken away for recycling. Baker asked about where the applicants live, when they purchased the building, how long their company has been in operation and what their plans were for the building at the time of purchase. Beweley - Randall said she and her husband live on 1020 Kirkwood Avenue and can see the building from their house. She said they purchased the building in the fall of 2010 and they have been in operation since 2007. She said initially they wanted to use it for vehicle storage but since then their company has grown substantially. Baker asked where the company is located now, how many employees they have and how many trucks. Beweley - Randall said the business is currently located in their home, they have five vehicles and twelve employees. They currently store the trucks in the building. She explained that 3-4 employees parking their personal vehicles at 1018 Walnut. The remaining employees go directly from their homes to the work site. The employees would park in the six spots shown in both the staff proposed site layout or the applicant proposed layout. Baker explained that he was trying to consider what might happen on the site in the future. He asked if the arrangement (the number of parking spaces) was adequate to serve future growth of the business. He expressed concern over the parking requirement, which is based on the square footage of the building rather than the number of employees. Board of Adjustment June 13, 2012 Page 7 of 17 John Shaw pointed out that both proposals showed 6 parking spaces. Chrischilles asked if there was room for more than 6 parking spaces. Shaw stated that the amount of space needed for the required 10 -foot buffer from the property line in addition to a 10 -foot buffer between the building and the parking that the applicant intended to provide would leave enough space for three 9 -foot wide spaces on each side of the lot. Shaw asked about the new ordinance for non - conforming parking— whether there was a statement that the use would only be required to provide as many parking spaces as conditions allowed. Walz explained that regardless of what the ordinance indicated, this was a special exception and therefore the Board could require whatever it felt was appropriate, in terms of parking, in order to satisfy the criteria for the special exception. John reminded staff that 11 spaces could fit in the building in addition to what was outside. Walz stated that when the applicant applied for a building permit, the official would look at how the spaces were provided and identify any issues, however, it did appear that there would be adequate space to provide all required parking by including spaces in and outside the building. Chrischilles asked whether new employees could park inside the building if more than 6 spaces were needed. Bewley - Randall indicated that this was true. Baker asked about semis. Bewley - Randall said that shipments arrive on a job-by-job basis. There is no set schedule. She said that they were asking for changes from staff had proposed for the parking area so that there would be space for the semis to pull in so there would be less congestion on Walnut Street when trucks are being unloaded. She indicated that no neighbors had approached her directly about concerns with trucks but that she did read the a -mails sent to the Board. She said delivery was a quick process that happens within 20 minutes max. Baker asked what staff thought of the applicant proposed parking area design. Walz state that she does not believe the proposal meets what staff was looking for in terms of safety in separating vehicle and truck use from pedestrian areas and controlling entry and screening the area. The recommendations were based on the maximum that would be allowed in a commercial zone so the driveway should be adequate to allow trucks or semis in and out. In response to a question from Baker about the parking arrangement, Walz said semis or delivery trucks would not be using the driveway to load and unload and not a parking space. Baker stated that it would still be a matter of backing in. Bewley - Randall said this was the reason for their alternate plan to keep the southwest side open was to make it easier to back in a truck. Walz asked how wide the drive would need to be. Baker asked how the semis were accessing the lot now. Walz stated that staff's concern would be that if the entire west side of the lot needed to be open to accommodate the semi entering the lot, how could they also provide parking in that area Board of Adjustment June 13, 2012 Page 8 of 17 since the truck would pull in through the parking spaces. Bewley - Randall said that they rarely fill all the spots and they could move cars in order to allow a semi to pull in. Walz said the code allowed a drive of 34 feet at the property live and 40 feet at the curb. Baker did not see how a semi could work around parked cars on that portion of the lot. He asked what the length of a semi was. Shaw responded 60 feet. Baker asked what the semi traffic was currently. Bewley - Randall answered about one per week. They may receive 2 or 4 in a week and then none for 4 weeks. It would all be job -by -job. Sheerin asked if there were other questions. Johna Leddy referred to her letter regarding her concerns. Her concern was with the growth of the business over the next 5 years. She is concerned with semis and whether they can really back into the property. The parking issue is also a concern to her —will there be cars on the street? She also referred to material recycling and hazards associated with things like asbestos, led and heavy metal. How will they be storing or moving these materials around the site? She mentioned the use of semis was not consistent with the site or how it had been used over the 21 years she has lived in the neighborhood. She referred to the automobile use and then the quiet status of the site for the last decade. Most of the surrounding properties converted from rental to single - family since the auto repair shop went away. She is concerned with the intensity of the use over time and environmental concerns, which have not been addressed. Chrischilles asked about previous uses. Leddy said that since J &H Auto went away there weren't really identifiable uses. Walz said that this was the period that staff had talked about that is unknown. The only known use was a non - commercial automobile storage and repair, but that was not legal. She said staff was a bit confounded by what to refer to as the previous use since the repair shop had been gone so long any rights to it are also gone. And since then all uses have been unknown or not officially sanctioned by the City. Chrischilles asked Leddy if it is her preference to have the building be vacant and decay as opposed to being occupied. Leddy said that was not her wish, but that the current proposed use does not, in her view, meet the standards of the special exception. Chrischilles asked if it wasn't true that any use increase traffic over its being vacant. Leddy agreed but said that 12 employees, 6 trucks, and an unknown number of semis seemed too much. She said it was a significant use over vacancy and over the repair shop that was once located there. Sheerin asked for additional comments. Walz responded again to Shaw's comments about non - conforming parking. She stated that the Board has to look at the specifics of this use on this specific piece of property, and then they have to decide what the requirement is. Shaw reiterated his point that the proposal does meet the calculated requirement of eleven and exceeds it by one. Board of Adjustment June 13, 2012 Page 9 of 17 Walz referred to Baker's concern because the parking requirement is based on space within the building rather than the specific use, what happens with any additional parking. Walz said that if that is a concern of the Board's and they are leaning toward granting the special exception then the Board can address that concern with a condition. Shaw said he can't think of a more benign use for this building with so few cars. Sheerin said she doesn't think the concern is the six cars but is rather about the future and if the business continues to grow and adds employees, where are those employees going to park? Shaw said that in his experience with construction, employees are not going to go to a satellite office so they can ride over to the work site in a company truck, but will go directly to the work site, which in this case will be off site. Bewley - Randall said their company's plan is to keep this building as the administrative offices should they grow beyond the use of this building and procure an additional warehouse in an industrial area if needed. Baker asked if on- street parking is currently allowed on Walnut Street. Bewley - Randall said it's only on the north side and currently none of their employees park on the street. Baker asked if the request is denied, can the Randalls continue to use the building as they are using it now. Holecek replied that would be a legitimate non - conforming use and that would be in violation of the zoning code. She said when the applicants bought the building and started to use it for storage that was okay because the City's best knowledge was that it had been used for storage in between AH Mechanics and when they bought the property. Walz stated that she's not sure that the City knew about its use. Baker said he wanted to know what would happen to this business if the Board denied the special exception. Walz said that would have to be determined, but the Board's only concern is with the use that is being proposed as if it were not there. The Board should not consider what will happen if they deny the application. Holecek said they have to decide if this is an appropriate land use in this place and are there conditions that would ameliorate the negative aspects. Walz added whether there were conditions under which it would be appropriate. Sheerin closed public hearing. Grenis moved to approve EXC12- 00009, a special exception to allow the nonconforming use that is located in a structure designed for a use that is not allowed in the zone to Board of Adjustment June 13, 2012 Page 10 of 17 convert to another nonconforming building trade use for property located in the Medium Density Single Family Zone at 1018 Walnut Street subject to the following conditions: 1. The special exception is for a building trade use only. No additional uses are permitted on the site. 2. A building permit is required to establish the use 3. The parking area should be set back and screened to minimize views of the parking, to create separation between vehicle areas and the right -of -way and introduce driveway widths in compliance with the access standards in the Code that being ten feet from the front property line with S -2 screening, ten feet from the west property line with S -3 screening and five feet with no screening from the east property line. 4. The site plan is to be approved by staff. 5. Hours of operation are limited to 6:00 a.m. to 6:00 p.m. weekdays. 6. Fleet vehicles must be stored inside the building during non -work hours including weekends. 7. Outdoor storage of equipment, materials, and dumpsters is not allowed. 8. All assembly, repair or construction associated with the use must be conducted indoors. 9. Signage should be limited to a facia or awning sign in compliance with the zoning code standard for non - residential uses located in residential zones. 10. All outdoor lighting should comply with zoning code standards for residential zones. 11. The applicants shall paint and maintain the front fagade of the building in a manner that does not detract from the residential character of the zone as proposed in the submitted elevations. 12. The parking area, including driveways, should be paved with a hard surface in compliance with the parking area standards in the Code. 13. The applicant will secure a building permit to establish the change of use on the property. Baker seconded. Sheerin invited discussion on the motion. Crischilles said that like Baker, he was concerned about what would happen if this application was denied, but he is clear now that he can't consider that. He said when he first looked over the material he thought it was a nice proposal and a good use for the building in light of the fact that there had been no negative response from any of the neighbors. He said that the recent negative responses from two of the neighbors has muddied the waters for him, and he doesn't know what to do about that. He asked if it's more important keeping the building in use and doing whatever is needed to make sure it's as unobtrusive to the neighborhood as possible or saying that it's going to destroy the neighborhood to a degree that it shouldn't be allowed. Baker said that the Board isn't really make a decision about Randall Electric but rather about the use of the property as a building trades designation. He said he thinks staff's findings on traffic increase is too optimistic and that there will be an impact, especially in the future. He said he is very concerned about the future of any building use trade because once the Board allows this exception, that is permanent. He said this particular business is typical of any business wanting to use that location in that its aim is to increase business and is that an appropriate location. He said they need to consider what if any use was appropriate. He said that by denying this Board of Adjustment June 13, 2012 Page 11 of 17 application says that almost no future comparable application will fit here, and in a sense the Board is changing the future use of the property. Grenis said he would like to propose another condition to the special exception to the effect that all vehicles associated with the business have to remain on -site and can't park on the street. Walz said that is enforceable and if someone called to complain, the Building Department would go out and issue a citation. Grenis said for all practical purposes, a business would have to move somewhere else if they got that big based on these conditions. Walz explained to the Board that Grenis is recommending is that all employee vehicles be parked off - street. Baker said he's inclined to like the alternate parking design but not with those three parking spaces there, because he thinks it's unrealistic to assume that those three spaces in the alternate design are actually going to be used that way, as that space is needed for trucks to get in at that point. He said he wants to mandate that those three spaces be provided inside. Walz explained that if Grenis's condition was accepted, the applicant would have to provide those spaces either inside or outside, and if it proved to be inconvenient outside, they would need to provide them inside. Baker asked how they would be designated inside. Walz said she would need to check with the building department, however they would at least have to show the designated spaces on the site plan. She said if there were then to be a parking violation and the City went inside and saw that the designated parking areas was being used for something else and not held open for parking, then there would be consequences. Baker reiterated that the Board either approve this use as a business trade and accept the possible increase in business for the future, or they deny it and say that this is no longer an acceptable use in this neighborhood. Walz said the board would be saying that a business trade use would not be appropriate at that site. Baker asked if there was any other alternative. Walz said it's conceivable that there are other, limited alternatives, but ultimately the Board has to find for the criteria for this use. Baker said he's not very happy about this, but he is going to vote to approve the application. Walz reminded him that the findings must support the criteria. Baker said he agrees with most of the findings, but will express reservations about traffic, and he wants some mandate that parking is increased on the interior and that all employee parking must be off - street. He said he would agree with the east -west change on the parking that Bewley - Randall suggested. Grenis said this is a tricky application and that he thinks many of the conditions that the staff laid Board of Adjustment June 13, 2012 Page 12 of 17 out mitigate the concerns. He said he has experience with this kind of business and thinks that the environmental concerns are addressed well by having the stripping and other handling take place inside. He said he supports approving the application. Baker said the exterior would certainly be approved. Crischilles agreed that it's tricky. He said he's sensitive to the people who are not in favor of this and thinks that staff has done a good job in trying to mitigate those factors they are concerned about. He said since the building has been there a long time, residents knew of its existence when they moved in, and it would be rather naive of them to think that nothing would ever happen with that property. He said in terms of what could happen, this project is probably as good as you are going to get in terms of disruption of the neighborhood. He said it's a difficult decision but one that he would probably support because it's better having something done with the building than leaving it vacant. Sheerin agreed that it's a huge building, the neighbors have known it's there, but she is very sympathetic about not wanting to create a dangerous situation for the children in the area or noise, but she feels this use is probably as good as it's going to get without getting into a situation where the City is basically making the building unusable, which is unfair to property owners. She said she will support the application. Sheerin stated that she doesn't feel strongly about the plan submitted by the applicant or the staff's and will support either one. She does, however, feel strongly about the parking requirement, since if the business grows in the future, it's not fair to the neighbors to have the streets clogged with cars from the business. Grenis said he thinks either site plan is fine. He said the plan submitted by the applicant seems to make it easier for semis to get in and out faster, thus making it less disruptive to the neighborhood, and would be a good thing as long as the owner is aware that they have to keep all cars off the street. Sheerin said since the idea behind staff's recommendation is to keep the entries and exits smaller so that pedestrians are not in so much danger would it be possible to make a stipulation that something temporary like planters be used that could be moved away when semis come in. Walz said she thinks that is hard to enforce. She said in the view of staff, that thirty -four foot width is what they would allow and that's forty feet at the street line. Baker said he would propose that they mandate additional parking inside the building. Walz clarified that if they accept Grenis's amendment all the parking is to be provided on -site, either in front of the building or inside the buidling. She asked if Baker's assumption was that at the front of the green areas on the applicant's proposed design there would be screening. Sheerin asked if they could specify S -2 screening and Walz affirmed that they could. Walz asked if the Board was waiving the staff recommended requirements that there be five foot green area on one side of the lot and a ten foot green area on the other side. The Board concurred that they were not. Board of Adjustment June 13, 2012 Page 13 of 17 Baker asked if they could mandate that the green space in the alternative plan be grass or grass plus shrubs. Walz said they could mandate whatever is necessary for them to feel that the standards are satisfied. She clarified what the S -2 and S -3 standards are. The Board discussed what changes they wished to make to the screening requirements, particularly in the central green area proposed by the applicant. Sheerin suggested adopted the buffer proposal submitted by the applicant provided that their would be S2 screening in the area along the south side of the lot. Leddy asked if the Board can put any other restrictions in place besides the parking that would prohibit address the growth of the business over time such that you wouldn't have for example 10 semis a week and 57 employees. Sheerin said she didn't think it was appropriate to tell them how many employees they could have. She said she personally could not think of anything the board could do other than the conditions placed upon the parking. Leddy said if the business didn't have a driveway that could bring semis in, that would limit the number of semis. Sheerin said she appreciated Leddy's concern, but the Board is not trying to prohibit semis. Leddy said the number of semis would increase if the business grows, and at what point does that become unacceptable increase of usage in the neighborhood. She said she doesn't understand the answer she got to her question. Sheerin said the answer is that the Board is now discussing how they would amend their motion so they can approve the application. She said the Board's job to try to come to the most amenable solution for the whole community. Leddy said she wanted to know if there is any mechanism that could provide a cap on the growth of this business. Sheerin said the Board is contemplating the issue of growth, and that is why they are restricting the parking. Walz asked Holecek if it would be possible to make a restriction on the number of semis allowed. Holecek answered that if the Board finds that the use here is appropriate, to constrain a business by delivery seems problematic. Walz clarified that the issue seemed to be that the use as proposed is acceptable but there may come a point at which the size of the use is not acceptable. Is it not possible to place a restriction on semis such that it limits growth. Holecek answered: no. Board of Adjustment June 13, 2012 Page 14 of 17 Grischilles said that by allowing the wide open driveway on the western portion of the property, any semis could come in and out quickly so as not to disrupt the street. Baker asked if there were restrictions on truck traffic in this area. Walz indicated that there are weight limits on some streets and bridges. Grenis states that it was his feeling that the standards that the board was about to put in place would control the growth of the business. Sheerin agreed and said that the board does not want to choke the business before it gets started. To not allow semis would mean not allowing deliveries and then there could be no business at all. Grenis moved to amend his motion to include a condition that all staff vehicles be parked on site not on the public streets and that S -2 screening be included on the south side of the property adopting the concept provided the owner for the buffered green space plan. A vote was taken and the amendment carried 4 -0. Grenis submitted his specific findings: 1. The use being located in a structure that is designed for use that is currently not allowed in the zone is found to be satisfied because this use will be in a residential zone being a commercial use as an electric company. 2. The proposed use is of the same or lesser intensity of previous uses is found to be satisfied given that there is some ambiguity about the previous use. 3. The proposed use is suitable for subject structure and site is found to be satisfied given the structure as is and as proposed in the plan and its proximity to Summit Street and Kirkwood Avenue. 4. The structure not be enlarged in such a way as to enlarge a non - conforming use is found to be satisfied because the applicant is not proposing to enlarge the structure. Grenis submitted his general findings. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare is found to be satisfied given the restrictions that the Board has placed on the approval: that limit the driveway access to the site with the buffer plan; that they are creating separation between vehicle parking and the adjacent right -of -way in addition to the screening standards they set forth; and they are keeping the staff vehicles off the public streets. 2. The proposed exception will not be injurious to the use or enjoyment of other properties in the immediate vicinity and will not substantially diminish or impair property values is found to be satisfied because the building trade uses have certain aspects that may be injurious to the use and enjoyment of other properties in the neighborhood, including vehicle parking and use of outdoor areas but the Board's conditions address these issues as follows: the special exception is for building trade use only allowing no other permitted uses on the site; that the parking should be set back and screened; that there are limited hours of operation from 6:00 a.m.— 6:00 p.m. only weekdays; that fleet vehicles be stored inside the building; that outdoor storage of equipment, materials and dumpsters is not allowed; that the assembly, repair or construction association with the use must be conducted indoors; that signage should be limited to the facia or awning signs in compliance with the Zoning Code standard for non - residential uses located in residential zones; any outdoor lighting should comply with the Zoning Code standards Board of Adjustment June 13, 2012 Page 15 of 17 for residential zones; the structure shall be painted and maintained for the front facade in a manner that does not detract from the residential character of the zone; and the parking area will be paved with a hard surface. 3. The establishment of the specific proposed exception will not impede the normal and orderly development and improvement of surrounding property was found to be satisfied based on the conditions the Board set forth. 4. That adequate utilities, access roads, drainage and necessary facilities have been or are being provided are found to be satisfied based on the structure's current use and being built. 5. That adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on public streets as was discussed in -depth is found to be satisfied based on the Board's proposal to mitigate those factors and allow for the most efficient use given the site constraints. 6. Except for the specific regulations and standards applicable to the exception being considered the specific proposed exception conforms to the applicable regulation and standards in the zone in which it is to be located but because it is a non - conforming use within a residential zone either the single family site development standards or the commercial site standards are specifically required by Code, but the application will satisfy the specific and general criteria is found to be satisfied subject to the approval of the building permit and the screening standards. 7. That this proposed use is consistent with the Comprehensive Plan is found to be satisfied because the Comprehensive Plan does encourage the re -use of existing buildings so long as their use does not interfere with the functioning character of the neighborhood is found to be satisfied because this is a good example of reinvestment in an older neighborhood. Chrischilles adopted Grenis's fidnings. Baker asked if he disagreed with some of the findings would he have to vote against the exception. Holecek said if he finds that the standard is not met, he should vote "no." All standards are required. Baker said he minimally accepts the finding of specific standards Part C, Finding 2, "Site is located one block off Summit Street and one block from Kirkwood such that trucks are not required to drive a great distance on residential streets to get to the site ". He said he thinks will increase that traffic and that even though only two small residential streets are involved, you can't totally remove Burlington or Kirkwood as residential streets. He finds General Standard 1: "The conditions described below will create a safer vehicle and pedestrian environment by controlling and slowing vehicle entrance and will conform with the overall development character of the residential neighborhood," a very weak argument and is not happy with that finding. He said those reservations are not enough to deny the application but he thinks the staff has not taken into account those concerns. Sheerin adopted Grenis's finding. She said this is a difficult application to consider but given the fact the building is there in the middle of a residential use this meets the standards and is an appropriate use for this building in this area. Walz asked the Board to clarify its findings for the specific standard B in terms of what makes Board of Adjustment June 13, 2012 Page 16 of 17 this lesser intensity. She asked if it was the board's intent to rely on the findings in the staff report. Sheerin and Grenis indicated that it was. Baker said that was also one of the findings that he had problems with. He said who knows if the structure had been used at a lesser capacity for the past ten years. A vote was taken and the motion carried 4 -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. BOARD OF ADJUSTMENT INFORMATION: The Board discussed the case load for the July meeting. ADJOURNMENT: Crischilles moved to adjourn. Grenis seconded. The meeting was adjourned on a 4 -0 vote. W M V N W G W a Z N Op 0W a� °ma E o '00 N 0 � Z � X LLI C N N ) N N -Q Q Z O Q Q 11 11 Z II II W 1� x00z 1 W Y M xxxox M o x x x x x W) xx i 0 �—x N xx ; xx M 00 N xx ; xo xx;ox y I- (lJIt U) M 00000 N N N N N H X L l J 0 0 0 0 0 to N t Ui cn 'L N V Y N w mY �� c U -_ `O Z J co F- U E o '00 N 0 � Z � X LLI C N N ) N N -Q Q Z O Q Q 11 11 Z II II W 1� x00z 1 W Y 07 -12 -12 IN I MINUTES HISTORIC PRESERVATION COMMISSION JUNE 14, 2012 EMMA HARVAT HALL PRELIMINARY MEMBERS PRESENT: Kent Ackerson, Esther Baker, Thomas Baldridge, William Downing, Andrew Litton, Pam Michaud, Ginalie Swaim, Frank Wagner MEMBERS ABSENT: David McMahon, Dana Thomann STAFF PRESENT: Bob Miklo OTHERS PRESENT: Robert Carlson, Justin Mulford, Wendy Robertson, Jennifer Wagner, Jean Walker, Tim Weitzel, Lucie Laurian RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) None. CALL TO ORDER: Swaim called the meeting to order at 5:15 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. CERTIFICATES OF APPROPRIATENESS: Coneressional Church of Iowa City, 30 North Clinton Street. Miklo said that this property is an Iowa City Landmark and was listed on the National Register of Historic Places a number of years ago. He stated that it was then designated as a local landmark. Miklo said the proposal is to replace the roof and repair the wood trim in the eaves. He showed an illustration demonstrating where the asphalt shingles are showing signs of deterioration. Miklo said the proposal is also to repair or replace portions of the wood trim in the eaves of the church. Miklo said that along the southern wall of the church, the decorative work in the eaves was removed a number of years ago and was replaced with a simplified design. He said the proposal is to use the (metal ?) in one area. Miklo showed some close -ups that revealed some deterioration. He said that in other places it's difficult to tell from the photographs, but there may be some additional wood rot. Miklo said the roof being proposed is somewhat unique. He said that rather than using asphalt shingles, which have a more limited lifespan, the proposal is to use a metal roof that has a coating similar to asphalt. Miklo distributed an example to Commission members. He said that up close, it is obvious that this is metal, but from a distance, it does have the appearance of an asphalt roof. Miklo stated that the original roof on this building was most likely wood shake shingles that were replaced many years ago. He said the guidelines indicate that for practical purposes, asphalt shingles of architectural grade that have the appearance of shake are an appropriate alternative. Miklo said that in staffs opinion, although these are not asphalt shingles, they have a similar appearance. He said that, given the application on such a large roof, staff feels it would be an appropriate substitute material and would recommend it. In terms of the decorative work in the eaves, Miklo said that staff would like to see more details. He said staff would recommend approval of repair and replacement where the wood is severely damaged, but as much of the historic material should be reused to the extent possible. HISTORIC PRESERVATION COMMISSION APRIL 12, 2012 Page 2 of 9 Regarding the southern eave, where the proposal is to use metal, Miklo said that the preferred solution would be to duplicate the wood design as used throughout the rest of the church. He said that because of the exposure there and the close proximity of Phillips Hall, this does not get a lot of direct sunlight. Miklo said that water damage has therefore been a problem here, and that is probably why it was replaced previously. He said staff would be open to a metal substitute but would like to see a profile more similar to the historic profile. Miklo said staff therefore recommends approval of the roof replacement, subject to more details regarding the extent of wood rot so that as much of the original material as possible would be reused, and on the south exposure, staff would like more detail regarding the design of the molding. Carlson stated that he is the architect for this project. He said he has closely observed the majority of the wood. Carlson said that most of the wood is in good shape; the paint has come off, but the wood is in good shape. He said they believe that if they sand it to get back to a smooth surface, prime it properly, and repaint it, they will be able to retain most of it. The wood that is not that way is the flat board fascia that is on that west face. Carlson said they were showing some of the gaps in that. He said that down at the ends, one can see the pieces coming apart; it is the flat board in behind that is really in bad shape. Carlson said they believe they can duplicate that really well in a fypon material that will hold paint. He said that all the decorative wood would be taken off, sanded, primed, and back painted, and then first coat paint on it and then reinstalled. Carlson said the decorative element on that side would all be back. He said the ones that need to be repaired would get repaired, but then that piece that is up against the brick, which is really the harness on that wood, would be the fypon. Carlson said it would be stable, it gives a long length, and they can get the long lines in there and hold the joints. Carlson said they think they can get clear cedar in there to stay, but they just don't have the wide, good pieces of board without knots, which are really getting hard to find, and that is why they thought they could go back to the fypon. He said that if there are sections of that that are in good shape, they would use those elsewhere, where some of the boards are not. Carlson said that the idea is mostly going back with the original wood, outside of that one board. Carlson said that they may of course find, when they take everything apart, that the back side is the problem. He said that on the south side where they are proposing the metal, in the 1950s, the overhang was cut back. Carlson said it is just about a foot now, where the overhang on the other side is quite a bit deeper. He said that in trying to come back with something decorative, the shape and style would have to be significantly different. Carlson said that one can basically see that off the handicapped entrance ramp on Phillips Hall. Carlson said that if that metal face is the same color as the wood, it wouldn't be noticeable. Carlson said the big advantage with the metal is that it will be a fully vented soffit. He said they want to get more air up into the attic. Carlson said that on the north side, they have found some condensation coming down out of the roof through some of the grooves. He stated that the interior of that roof does not follow the exterior, so there is actually a fairly reasonable attic space up toward the top. Carlson said that if they can introduce more air up there, they think they can pull more of the moisture out. Carlson said that one of the other advantages of the metal batten roof is that they get the battens underneath so they will be able to pull air up under the metal. He said that will help keep the sheathing dry and help get a little more moisture out of that roof. Carlson said the building was not designed to have humidity in it. He said that now that humidity is added for modern comfort, they need to get it back out of the roof system. Michaud said this sounds reasonable and asked about the fypon. Carlson responded that it is a synthetic material, a polyurethane product. He said it comes in various thicknesses, and they would be going back in with something three- quarters to seven - eighths, nominally the same thickness as that board. Carlson said that it can be milled just like wood. He said he worked on the exterior of the Shambaugh House, and the trim pieces on that that went back are all fypon. Carlson said it actually mills more nicely than wood does. Miklo stated that another place the Commission has allowed fypon to be used is on the Mansion on South Gilbert Street. HISTORIC PRESERVATION COMMISSION APRIL 12, 2012 Page 3 of 9 Baldridge asked if there has been any discussion of replacing the finials that historically were on the lower part of the church. Carlson replied that the finials were removed because they were damaged and having problems at that time. He said that it would cost a lot to go back and put them back and that they were removed for a reason. Carlson said they are all carved wood. He said the steeple was once struck by lightning, and at that point in time, several things were simplified because of all the problems they were having. Carlson said the lightning strike really drove them to make some changes. He said the finials would be expensive to put back, and for two of them, the masonry is actually gone — it was removed down below the roof level and the roof was then extended over it. Downing asked if the old shingles will be removed. Carlson confirmed this. He said there was plywood installed over the sheathing in the 1990s. He said they are assuming, based on what they have seen, that the plywood sheathing is still in good shape. Carlson said it doesn't have to be in great shape, because they are putting the board and battens over it. He stated that anything that is really badly delaminated would be replaced, but he does not think they will see that at this point. Michaud asked if any insulation will be installed. Carlson said they have talked about it, but at this point they think it will not. He said the only insulation one would get would be the foil that would reflect the heat back off. He said the church is not having a problem with the cooling load, and this will actually improve the cooling load. Carlson said that going back and installing the foil underneath will stop the transmittance of the moisture up. He said they are thinking they will lose more than they will gain. Wagner asked about staff's recommendation on the roof material. Miklo said staff recommends approval. Wagner asked Carlson if they would also be doing the steeple with this material. Carlson said they originally planned to do the steeple with this same metal. He said, however, that they talked to the roofer and found out that they make a triple -thick asphalt shingle that is almost a dead ringer for color and texture. Carlson said that it may lay better. He said that on the curve and the intersections, it may lay better. Wagner asked how the edges will be finished. He said that with the flat shingle, there would be a pretty good -sized gap there. Carlson replied that there is a J mold at the end on the ridge. He said that piece that is on there now would be replaced with a custom - folded J mold so that the shingle would slide in on both sides. Carlson said there would not therefore be a sealant joint at that point. Carlson said that with the original pitch of the church, those were wood battens on there. He said that has been there and really makes the steeple stand out. Carlson said that they have been discussing with the roofer whether the metal or the asphalt would be a better solution for the steeple. MOTION: Ackerson moved to approve a certificate of appropriateness for an application for 30 North Clinton Street as presented in the application, with the following condition: provide roof edge details, including wood and metal components, for review and approval by Chair and staff. Baldridge seconded the motion. The motion carried on a vote of 8 -0 (McMahon and Thomann absent). 4 Bella Vista Place. Miklo said this property is a key property in the Brown Street Historic District and is located just north of Brown Street on Bella Vista Place. He said there is a garage and small breezeway on the south side of the house. Miklo said that about a year ago, the Commission approved the removal of the garage and the replacement of the garage with an addition to the house. Miklo said the homeowners have since decided they would rather preserve the structure and convert it to living space. He added that the proposal is to remove the pedestrian door, fill that in with windows, and then replace the garage door with windows and a pedestrian door. HISTORIC PRESERVATION COMMISSION APRIL 12, 2012 Page 4 of 9 Miklo said that when this was last reviewed, the previous preservation consulting architect thought that the garage was not a significant element. He said that when she reviewed this, Chery Peterson felt that the garage was somewhat important as it is an attached garage that is either original to the house or was added early in its history. Miklo said Peterson therefore thought there was some merit to preserving the appearance. He said staff recommends approval subject to the area that currently contains the garage door being trimmed out and that the windows or doors mimic what was there before. He showed an example of a converted garage with a similar treatment that is located at Bowery and Clark Streets. Miklo said staff therefore recommends approval of this subject to chair and staff approving the details in terms of what would go in place of the original opening. Jennifer Wagner, one of the owners, said that the drawing doesn't show over the garage door coming down on the left, where there would also be divisions, lines coming down from the windows above. She said there would be three panels there, and the lower one in the example would be solid. Jennifer Wagner said that Peterson had shown them photographs of the French doors that staff felt would look good. She said she and her husband agreed with that assessment and propose to use a Weather Shield French panel three door. Michaud asked if it would work to have a half light divided on the top, because that would be a little closer to the four panel on the bottom and the six lights on top. Miklo said it would be closer, but the proposal now is to have this be similar to the Bowery Street property, where there would be more glass. He said it is not going to look like a garage, but at least the opening would be preserved. Michaud said she was taking climate control into consideration, because the area faces straight west. Jennifer Wagner said this is a valid point. Wagner suggested the Commission could approve either alternative — mimicking the design that is there or using the French doors. MOTION: Michaud moved to approve a certificate of appropriateness for an application for 4 Bella Vista Place, as presented in the application, with the following condition: provide final design, with door and window product information, for review and approval by Chair and staff, as necessary, for the three French doors or a design mimicking the original door panel. Baker seconded the motion. The motion carried on a vote of 8 -0 (McMahon and Thomann absent) 523 Grant Street. Miklo showed the location of the property on a map. He said the proposal is to remove a porch, which staff does not believe is original, off the back of the house, and replace it with a new addition/structure. Miklo showed a design, stating that it is a little different than the one in the Commission packet in that it shows the removal of a window, the addition of a beam similar to the front porch, and shorter windows in another location. He said that staff would recommend this alternative or the one in the packet but would want to have it be as shown, similar to the front porch, and would like more details regarding the porch pillar. Miklo said Peterson felt that the one window was a little tight in its proposed location and might get a little bit awkward. He said that Peterson then suggested the new design, and staff is comfortable recommending either. Regarding the larger windows, Robertson, one of the owners, said that the idea is to try to fit a lot of different purposes into a small space, and one purpose is that kind of conservatory off the back. She said that the smaller windows would be fine, if that is what is preferred. Regarding the beam piece, Robertson said it should be there. Swaim asked if there is a step up to the door. Weitzel, the other homeowner, said there will probably not be a step up. He said that the diagonal line on the side of the drawing is the ground line right now. Baldridge asked if the original plan had a lower window sill. Weitzel replied that in the first proposal, the windows on the elevation matched the original window on the right, which is a fairly large window. Robertson said the window on the south elevation still matches the ones on the south of the house. HISTORIC PRESERVATION COMMISSION APRIL 12, 2012 Page 5 of 9 Downing said that a shorter window would have a higher sill. Weitzel said Peterson thought that might work better, although he did not know if it was for long -term adaptability or because they are smaller windows. Michaud asked if the door would have a half light on top. Weitzel said that is the plan, instead of a full glass door. He said it will probably be a fiberglass door for ease of use and security. MOTION: Litton moved to approve a certificate of appropriateness for an application for 523 Grant Street, as presented in the application but with either window design, with the following condition: provide final design details at the column and door, for review and approval by Chair and staff. Baldridge seconded the motion. The motion carried on a vote of 8 -0 (McMahon and Thomann absent). 111 & 115 South Governor Street. Swaim said these two properties are in the College Hill Conservation District. Miklo showed the location of the properties on a map. He said they are between College and Washington Streets on the west side of Governor Street. Miklo said 111 S. Governor is a classic foursquare house, and 115 S. Governor is a craftsman style house, built in the first quarter of the last century. He stated that both of these houses are contributing structures in the district. Miklo said the proposal is to remove both structures and replace them with a fraternity house. Miklo stated that the Commission had received sketches of how that might look but not full, detailed plans. He showed an illustration of the back of the property. Miklo said the application proposal states that there are problems with the foundations of the two houses, and there was a report from an engineer indicating that there are some defects with the foundations. He said that staff and a consulting housing inspector viewed the houses with the applicant. Miklo said that for the most part, the foundations are not exposed, so that it is difficult to see. He said that in some locations, such as under the porch where the foundations are exposed, there is some slight deterioration but nothing unexpected in buildings of this age. Miklo said staff feels that although there has been some neglect to these properties in terms of maintenance and there are some issues with some of the additions that could be fixed, the main structures are still sound and repairable. Miklo stated that, according to the guidelines and what the Commission needs to follow in making a decision like this, there are basically three tests to determine if the application meets the guidelines. He said that one test is that the buildings are structurally unsound. Miklo said there is a report indicating that there are some defects. He added that the consulting architect, Peterson, and the consulting housing inspector agree that there are some defects but that the buildings are not structurally unsound. Miklo said, if the Commission answers yes to the first question, the second test is, are they irretrievable or irreparable. He said that again staff finds that the answer to that question is no — that the problems with the foundations and some of the other deterioration of these buildings could certainly be repaired. Miklo said there would be some expense involved, but that would be maintenance of the property. Miklo said the third question is whether the replacement building meets the design guidelines. He said that staff cannot really answer that question at this point, as the applicant did not want to spend the money to come up with a design if there was not a possibility of removing the existing buildings. Miklo said that staff is therefore recommending that this application be denied, because it does not meet the guidelines in terms of two of the key tests, with the third test as yet unknown. He added that there is something called demolition by neglect, which would indicate that if the Commission does not approve this, there should be some repair taken. Miklo said that is something that the City's Inspection Department would look at before issuing new rental permits for these properties. Male asked Mulford, the applicant, if it is his opinion that these properties are structurally deficient. Mulford answered that he had an engineer come through, and the footings on both of the front porches have basically HISTORIC PRESERVATION COMMISSION APRIL 12, 2012 Page 6 of 9 decayed. He said when they laid all the supporting members of the structures, they laid them lengthwise across the entire house; they didn't take them from the house, lag them to the house, and then run them out to supporting structures in the front. Mulford said the porches actually kind of swale and puddle; they puddle water whenever rain comes in from the side. He said the porches need a lot of work, and one of the porches has a crack up where it meets the house, and the siding is pulling away from the house, because the footing structures of the porches are deteriorating a lot faster than the actual foundation. Mulford said that on the back of 115 South Governor, the far left corner has actually settled two to three inches. He said it was an old deck converted into a kitchen. Mulford said the floor system needs some significant work. It needs to be jacked up. He said there is a good amount of foundation work, outside of the fact that they are not waterproofed. Mulford said they are all clay tile. Mulford said there is a significant amount of work that a foundation company would need to do to make these buildings last for more than five years. He said that at the rate they are going, five to ten years down the road they are going to start to have extreme amounts of damage. Ackerson asked about the clay tile. Mulford said there is a crawl space underneath the other side of it, but then that ends where it juts out a little bit, and then it is just open to air. He said there is a lattice that is just open. Michaud asked if the deterioration was just the corner piers or the entire porch. Mulford responded that just the corner piers where they are exposed to the elements. Downing said that periodic maintenance and repair are necessary for any building. The defects do not rise to the level requiring the demolition of the entire structure. He said the Commission sees a lot of porch repair. Downing added that a five -year life span on a 90- year -old clay tile foundation is probably an exaggeration. He said that a large percentage of houses in this area have clay tile foundations, and he wouldn't say that they are going to collapse in the next five years. Mulford said he does not mean the entire foundation but just certain areas. He said the clay tiles in the back corner and some of the clay tiles in the front porches have deteriorated. Michaud asked how the houses are classified for rent. Mulford said they have been grandfathered in as rooming houses, which are allowed one person per bedroom. He said one house has seven bedrooms, and the other has eight. Wagner said this was discussed at a previous Commission meeting, and he asked what had changed. Miklo responded that this involves an actual application, whereas that was just an informational discussion. Mulford said that if this is approved for a certificate of appropriateness for demolition, he would like to construct a building to be consistent with the neighborhood. He said there are at least four sororities in that neighborhood, and this neighborhood is there to preserve the Greek society. Mulford said he would basically be adding to the Greek society by putting a new structure here, something similar to the Alpha Chi house that was demolished in the tornado and then redone. Swaim said the commission will evaluate this based on the guidelines contained in the Historic Preservation Handbook. Laurian asked if there is a requirement that an owner keep up his property, or if an owner can let it go for another ten years and then say that it needs to be demolished. Miklo answered that the City's requirements do have a provision regarding demolition by neglect. He said that the Historic Preservation Commission can certainly ask the Housing Inspection Department to take a closer look at these properties, in terms of what needs to be done to stabilize the porches, etc. Michaud said it was crucial to repair the kitchen deck area. MOTION: Downing moved to approve a certificate of appropriateness for an application for 111 and 115 South Governor Street. Litton seconded the motion. Baker stated that the guidelines seem very clear in this type of situation. Looking at section 7.1 of the Historic Preservation Handbook, she said that removing any primary building is disallowed unless it meets the criteria. HISTORIC PRESERVATION COMMISSION APRIL 12, 2012 Page 7 of 9 Regarding whether the buildings are unsound, Baker said there are clearly some things that need to be repaired. Regarding whether the buildings are irreparable, she stated that there are enough people at the table with experience in this who would say that it will cost some money, but the porches and kitchen and those kinds of things are reparable, and we have not seen a replacement plan. Regarding demolition by neglect, Baker said the guidelines in point two require that all structures in conservation and historic districts must be preserved against decay and deterioration to prevent demolition by neglect. She said that because the problems are not insurmountable, she does not think there is justification to make an allowance here. Baker said the Commission has disallowed the demolition of houses that are in worse repair than these two houses. She said there is no precedent to make an exception here. Ackerson asked how the City would guarantee there would not be demolish by neglect. Miklo commented that the City has a couple of tools in this regard. He said the City could cite the owner(s) for violating this clause, and there is also the possibility that the City might not renew or might pull the rental permits if inspectors fmd that this repair work is not done. The motion failed on a vote of 0 -8 (McMahon and Thomann absent). MOTION: Baker moved that the Commission request that the Iowa City Housing Department inspect these properties for repairs and defects. Michaud seconded the motion. The motion carried on a vote of 8 -0 (McMahon and Thomann absent). REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF: Miklo said there were a number of certificates of no material affect for which repairs were approved. He said he would answer any questions from Commission members. SUBCOMMITTEE REPORT ON POTENTIAL LOCAL HISTORIC DISTRICTS. Miklo said that the Commission is exploring both Jefferson Street and the Melrose Neighborhood as historic districts and is doing some of the research and legwork at this point, before going public with the proposals. Jefferson Street National Historic District. Swaim said the subcommittee has not discussed this district further but has focused on the Melrose historic district. Melrose National Historic District. Swaim stated that Walker had volunteered to give the Commission members a walking tour of the Melrose Neighborhood. Swaim said that four or five Commission members went on the tour and that it was very educational. Swaim said that she and Miklo recently met with several members of the Melrose Neighborhood Executive Board for about two hours. She said the members wanted to have some basic questions answered, and it was a very helpful discussion. Swaim said there will be a neighborhood -wide meeting at some point to discuss the proposal and what it will mean. Walker thanked Swaim and Miklo for their presentation and said it was excellent. Walker commented that neighborhood members would be happy to do walking tours with members of the City Council as well as with University officials. CONSIDERATION OF MINUTES FOR MAY 10 2012: HISTORIC PRESERVATION COMMISSION APRIL 12, 2012 Page 8 of 9 MOTION: Baldridge moved to approve the minutes of the Historic Preservation Commission's May 10, 2012 meeting, as written. Wagner seconded the motion. The motion carried on a vote of 8 -0 (McMahon and Thomann absent). ADJOURNMENT: The meeting was adjourned at 6:12 p.m. Minutes submitted by Anne Schulte Z 0 N N 00 0 0 z O� W N Zo M Q N W yz W w W W IL va 0 N 2 z 6 GO O U z 0 H W N_ a° N � UN4., o ao� �a x¢a CO) T T T T T T O T M T \ cn 0) 0\0 N T ti x X x x 0 X X x x 0 0 X X X 0 0 x X 0 X N x x o x x O x x x x x M x x x III O i x x x x O x 0 N x LU O III o x x o x x x x N o x x x x x x x ILI O x x T a X M le N M M le le N N Re M N W T T T T T T T T T T T T � \ w N \ ai N \ w N \ ai N \ as N \ of N \ as N \ Qi N \ as N \ o> N as \ N \ w N W M M M M M M M M M M M M H Q Z W Q co) Y cn 0 W w 00 = W Y J C7 Z 0 z Z = z C7 � o Q 0 Q o Z 0 Q a Q X_ J Z C9 Q z Q o Z Z o V W J z C W O E O d � Ci c X O LU H H � . O�cc aQvOim xOa E �- W Z Y p u Z DRAFT IP12 POLICE CITIZENS REVIEW BOARD MINUTES — July 10, 2012 CALL TO ORDER: Chair Donald King called the meeting to order at 5:36 P.M. MEMBERS PRESENT: Kingsley Botchway, Royceann Porter MEMBERS ABSENT: Melissa Jensen and Joseph Treloar STAFF PRESENT: Staff Kellie Tuttle and Catherine Pugh STAFF ABSENT: None OTHERS PRESENT: None. RECOMMENDATIONS TO COUNCIL CONSENT CALENDAR Motion by Porter and seconded by Botchway to adopt the consent calendar as presented or amended. • Minutes of the meeting on 06/12/12 • ICPD Department Memo #12 -19 (Jan -Feb 2012 Use of Force Review) • ICPD Use of Force Report — January 2012 • ICPD Use of Force Report — February 2012 • ICPD General Order (99 -02) Alarm -Open Door Response • ICPD General Order (99 -03) Prisoner Transport • ICPD General Order (99 -05) Use of Force • ICPD General Order (01 -01) Racial Profiling King questioned why the Board receives the General Orders for review after they are already issued, instead of before when the Board could make recommendations for change. There was no one from ICPD present to respond. Motion carried, 3/0, Jensen and Treloar absent. NEW BUSINESS Draft #1 of FY12 PCRB Annual Report — The Board agreed to continue the review of the draft at their August meeting when all members would be present. Complaint statistics — The Board discussed keeping track of officer numbers that appear in complaints and if there is any benefit in doing so, and what they could do with the information. The Board agreed to continue the discussion at their August meeting when all members would be present. BOARD INFORMATION None. STAFF INFORMATION None. PCRB July 10, 2012 Page 2 PUBLIC DISCUSSION None. EXECUTIVE SESSION Motion by Botchway and seconded by Porter to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 3/0, Jensen and Treloar absent. Open session adjourned at 6:18 P.M. REGULAR SESSION Returned to open session at 6:25 P.M. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • August 14, 2012, 5:30 PM, Helling Conference Rm • September 11, 2012, 5:30 PM, Helling Conference Rm • October 9, 2012, 5:30 PM, Helling Conference Rm • November 13, 2012, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by Porter, seconded by Botchway. Motion carried, 3/0, Jensen and Treloar absent. Meeting adjourned at 6:27 P.M. y cr y ►-3 CrJ � z d o� N b 0 r �I n r n y N 0 �l w w N w v N W �C DC >C DC i'c i i y ►-3 CrJ � z d o� N b 0 r �I n r n y N 0 �l IP13 IOWA CITY TELECOMMUNICATIONS COMMISSION DRAFT MONDAY, JUNE 25,2012--5:30 P.M. PUBLIC LIBRARY MEETING ROOM E MEMBERS PRESENT: Laura Bergus, Alexa Homewood, Matt Butler, Hans Hoerschelman, Nicholas Kilburg MEMBERS ABSENT: STAFF PRESENT: Mike Brau, Ty Coleman, Joel Bouwers OTHERS PRESENT: Josh Goding, Kara Logsden, Kevin Hoyland, Michael McBride, Bond Drager, Emily Light RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Butler asked when the last time someone from Mediacom attended a Commission meeting. Hoerschelman said he believed it was last February. Hoerschelman requested that the City make a formal request of Mediacom to participate by teleconference or video conference if a representative could not be physically present. Bergus said she wants to make sure that requests to Mediacom for information get followed up as they can become overlooked given the infrequent occasions when Mediacom has a representative present. Hoerschelman requested that a list be generated and included in the meeting packet. Coleman said a resolution to extend the PATV contract for two months has been forwarded to the City Council. APPROVAL OF MINUTES Hoerschelman moved and Kilburg seconded a motion to approve the May 21, 2012 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS Logsden thanked the Commission for approving the library's funding request to create a small studio and has been put to good use. CONSUMER ISSUES Kilburg said that a friend recently informed him of their experience with Mediacom. This person was planning to move to Iowa City and called Mediacom in early May to wire his condo. The condo was not wired when he arrived and he was informed that they had indeed received his request, they had not done it, and could not inform him when it would be done. Hoerschelman said that if Mediacom had a representative present the Commission could ask them how long it typically takes between a service request and the time it is completed. MEDIACOM REPORT No representative was present. Butler asked when the last time someone from Mediacom attended a Commission meeting. Hoerschelman said he believed it was last February. Hoerschelman requested that the City make a formal request of Mediacom to participate by teleconference or video conference if a representative could not be physically present. Homewood said she joined the Commission a year ago last March and Mediacom has had a representative present twice. Bergus said she wants to make sure that requests to Mediacom for information get followed up on as they can get overlooked given the infrequent occasions when Mediacom has a representative present. Hoerschelman requested that a list of requests for information or action items be generated and included in the meeting packet. LOCAL ACCESS CHANNELS REPORTS Hoerschelman noted that there were written reports in the meeting packet and distributed at the meeting. McBride reported that the University of Iowa transmission operations will be moved to new facilities in the Old Capital Building. Studio space will remain in Linquist. UITV has hired a new staff person which should facilitate improvements. Hoerschelman as asked if there has been any progress regarding the school district's efforts to get more programming. Hoyland said the Tate High School graduation was recorded and cablecast. A number of programs from City High are being shown. Hoyland has had some discussions with administrators about processes to have content forwarded to him for the channel. CABLE TV ADMINISTRATOR REPORT Coleman said he did not receive anything from Hardy. PATV CONTRACT Coleman said a resolution to extend the PATV contract for two months has been forwarded to the City Council. BROADBAND SURVEY Hoerschelman said the broadband survey is still in progress and needs a couple minor adjustments. Commissioners can register on the survey website, iowacitytelecom.com, and register to view the survey. ADJOUNMENT Bergus moved and Homewood seconded a motion to adjourn. The motion was approved unanimously. The meeting was adjourned at 5:54. Respectfully submitted, Michael Brau Cable TV Administrative Aide TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD (X) = Present (0) = Absent (O /C) = Absent/Called (Excused) Hoerschelma n Bergus Homewood 5/28/11 X X X X Homewood x 6/27/11 x o/c x x X 8/27/11 x x x o/c X 9/24/11 X X X X X 10/24/11 X X X X X 11/26/11 X X vacant X X Kilbur 2/25/12 X X x x X Butler 3/26/12 o/c x o x X 4/23/12 X X X X X 5/21/12 X X X X X 6/25/12 X X X X x (X) = Present (0) = Absent (O /C) = Absent/Called (Excused)