HomeMy WebLinkAbout2013-07-23 Bd Comm minutesAirport Commission
May 16, 2013
Page 1 .
MINUTES FINAL
IOWA CITY AIRPORT COMMISSION
MAY 16, 2013 — 6:00 P.M.
AIRPORT TERMINAL BUILDING
Members Present: Howard Horan, Chris Ogren, Jose Assouline, Paul Hofineyer, Minnetta
Gardinier
Staff Present: Sue Dulek, Michael Tharp, Wendy Ford, Adam Bentley
Others Present: Matt Wolford, David Hughes, Chuck McDonald, Jeff Edberg, Deb
Dunkhase
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council
action): None.
CALL TO ORDER:
Chairperson Horan called the meeting to order at 6:05 P.M.
APPROVAL OF MEETING MINUTES:
Minutes of the April 18, 2013, meeting were reviewed. Ogren asked about the heading
"Recommendations to Council" that is always in the minutes. Tharp explained that this stays
there as a placeholder and that typically it has "none" after it. He will add that. Ogren moved
to approve the minutes as amended; seconded by Hofineyer. Motion carried 5 -0.
PUBLIC DISCUSSION:
None.
ITEMS FOR DISCUSSION /ACTION:
2b(1)
a. Airport Commerce Park — Jeff Edberg was present to speak to Members about
lot sales within Airport Commerce Park. He stated that he has had three good
prospects recently. One is a building supplier who is looking at three lots.
Members briefly discussed this possibility, with Edberg then noting that a second
prospect is a local auto shop business. He noted that the market is beginning to
pick up again, with a projected building bubble over the next five years. Edberg
also noted that the need for office space is increasing and that this is a good sign
for growth. Hofineyer asked about the lease option on these lots, and Edberg
gave some background on the lease option versus the sale option.
b. Fly Iowa — Chuck McDonald with the Iowa Aviation Promotion Group was
present to speak to Members about the Fly Iowa event. Tharp also introduced
Deb Dunkhase with Children's Museum, and Wendy Ford and Adam Bentley with
the City of Iowa City. Tharp noted that one of the first issues they need to
resolve is the actual date of the 2014 event. He gave Members several June
dates, noting dates that would not work for them if they need to use the
Fairgrounds for parking. McDonald noted that typically a Saturday date is
chosen, with Sunday being the rain date if needed. Discussion turned to parking
Airport Commission
May 16, 2013
Page 2
issues and how much overflow they might expect, as well as how to get
attendees from the Fairgrounds to the Airport. Gardinier noted that the Air Race
Classic will be taking place around this time period in June, as will the Young
Eagles event. With Iowa City being a stop for the Air Race Classic, she noted
that careful planning would be needed. Tharp noted that a major issue will be
having enough fuel for all of these events.
Members continued to look at June dates, wrestling mainly with how to
accommodate the parking needs for such an event. Consideration was given to
empty lots in the Airport Commerce Park, as well as the Walmart parking lot and
the Napoleon Park lots. Horan stated that he is for the weekend of June 14 and
15, as the Fairgrounds will be available for parking that weekend. Gardinier
reiterated her concern of having two major events this close together. The
amount of air traffic could be heavy. Members then discussed July dates, with
Tharp noting that the 6th and 13th are open at the Fairgrounds.
Ogren asked Gardinier if she had heard anything further from the Barnstormers
group. She stated that they do not have a tour planned for 2014 yet, but they are
open to planning something on a smaller scale. She spoke to this briefly, with
the discussion then turning to whether or not they could have an air show during
the Fly Iowa event. Tharp noted that they could have category 3 performers,
which are basically the Stearman planes and slow -fly aircraft. He further
explained how this would be handled during the event. Gardinier asked about
having the City's fireworks coincide with Fly Iowa. This led to some discussion,
with Bentley noting that this would really coincide with Downtown District events
and the Jazz Fest.
After much discussion, Horan asked non - Commission Members their thoughts
are on a date. Dunkhase suggested some earlier dates — May 31, June 1 —
noting that they could do kids' camps to coincide with the Fly Iowa event.
Wolford suggested possible parking on the Airport grounds, and this led to further
discussion among Members. Gardinier then stated that her first choice would be
May 31, June 1; with her second choice being June 28, June 29. Ogren stated
that June 28 and 29 could possibly be the Quad City Airshow, that they need to
double check this.
Horan brought up the issue of needing a theme for the Fly Iowa event.
McDonald further explained what this means and how the Commission can use
this theme to highlight the Airport, for example. Members discussed various
ideas, such as highlighting the hospital and air care facilities that Iowa City has;
the airfreight history; past and future air travel; and even some type of
homecoming event. Members agreed that having a broad aviation theme that
highlights the various career fields within aviation could be just the thing they're
looking for. It was noted that the Governor's Council is really dedicated to
helping children pick STEM (science, technology, engineering, math) careers, so
having a tie -in with the diverse careers in aviation could be a perfect theme. It
would also open the door for some possible financial help. Rockwell Collins
would be a good corporate sponsor to approach on this theme, as well.
Airport Commission
May 16, 2013
Page 3
Members agreed that they would give some thought to this and can clarify it
further at the next few meetings. Horan then noted that they will need some type
of steering committee as plans unfold. Gardinier noted the page in their
handouts where there is a checklist of sorts. It notes who is typically on such a
steering committee. The discussion continued, with Members reviewing the
various participants that they will need for this committee. McDonald further
clarified what some of the important positions will be in bringing this event
together. He also responded to Members' questions regarding how the show
itself is set up.
Tharp noted that he was under the impression that this would be a one -day
event, but that after hearing some of the conversation, it sounds more like a two -
day event. McDonald further clarified the youth camp idea and how this can still
be a part of the Fly Iowa event. He shared that he has a full syllabus and
guidelines on running this portion of the event, and offered to share it with the
Members. Horan asked what other issues they need to address this evening,
and Tharp noted that they need to decide who is in charge of fundraising. John
Ockenfels was again suggested as someone they might want to contact for help,
especially in the fundraising area. McDonald stated that once the group has
raised $5,000, they can receive the $5,000 match from the IAPG. Gardinier
stated that she would be willing to help write a grant for this event, as she has
experience in doing this in the past. Members continued to discuss how much
money the Airport itself could add to this budget, and whether they could get any
funds from the City.
The discussion then turned to how they might be able to get the Convention and
Visitors Bureau interested in this event. Gardinier shared that she tried this
before the Air Race Classic and basically did not get much response. At this
point Horan asked how everyone feels about the information covered so far this
evening. McDonald quickly ran through some budget scenarios for the
Members, noting some of the typical costs. Advertisement issues were also
discussed briefly, with Bentley noting the City Channel 4 and also PSA slots with
Mediacom to help get the word out. He also suggested having a brochure
printed up, which would generate some advertising revenue.
Tharp asked if Members wanted to continue planning the Fly Iowa event during
regular Commission meetings, or whether they wanted to have additional
meetings set. McDonald suggested they keep Fly Iowa on their regular agenda
from now until the event, just to help keep things moving along. Gardinier
suggested they put together an actual committee for the event, so that they can
start meeting at least once a month, as well. Horan asked for volunteers for the
subcommittee, and Gardinier, Ogren, and Hofineyer offered to do this. Due to
the State open meeting law, subcommittees can only have two people at a
meeting. They will work with this by rotating through meetings with only two
members present.
C. FAA/IDOT Projects: AECOM / David Hughes
i. 7/25 Parallel Taxiway Paving & Lighting — Hughes noted that things
have been moving along and they are pretty much on schedule. They did find a
buried fuel tank and this has created some delay. Once they are able to remove
Airport Commission
May 16, 2013
Page 4
this tank, things should move along quickly. He added that it may have been
associated with the former United hangar that was demolished. The project
inspector for this project showed up at this point in the meeting and helped to
clarify where they are currently on this project.
ii. Airport Electrical Rehab — Hughes stated that he met with the
electrician on this project and he is currently going through his punchlist.
iii. Roofing Rehabilitation — Hughes noted that they are in the process of
redesigning roofs right now and are trying to see what they can come up
with to stretch dollars. He noted some of the poor conditions with these
roofs and the problems they have run into during their inspections. Tharp
and Hughes then responded to Members' questions concerning this
project.
d. Airport Operations -
i. Strategic Plan — Implementation — Tharp noted that he doesn't have
any updates for this. Horan stated that they are following their strategic
plan by making the community aware of the Airport; by working on their
grant applications; and by taking care of their infrastructure.
ii. Budget — Tharp noted that they only have about six weeks of the 2013
fiscal year left at this point.
iii. Management — Ogren asked that communications normally sent to all
hangar tenants also go to the Airport Commission Members. Gardinier
stated that this information is typically in the newsletter as well. Tharp
briefly reviewed what the tenant letter said and also responded to Ogren's
questions. He then reviewed phase four of the runway project and the
impact it is having and will continue to have. Gardinier noted that this
was never really made clear to begin with, that these are major impacts
on being able to use the Airport. She asked that they speak with Hughes
regarding the scheduling of these projects.
At this point in the meeting, Hughes returned to the meeting. He
addressed the Members about their concerns, noting that this was
originally discussed during the design phase with the Commission at that
time. He clarified the connections that were made to the runway in order
to alleviate these types of concerns. Horan asked that he go through the
phasing of this project, especially where pilots would have to back -taxi
around the Airport. Hughes attempted to further clarify that during the
phase three work area, there will be no access from the south. Members
continued to ask questions regarding this, with Gardinier stating that she
is sure there was no discussion regarding this back -taxi situation.
Wolford joined the conversation, stating that although it is somewhat
inconvenient right now, once the work is done it will be extremely nice.
At this point Hughes shared the contractor's schedule with Members,
giving them a better idea of disruptions at the Airport. He noted that the
current schedule shows six weeks of work in the area in question. He
added that he could talk to Metro about their schedule and see if there is
anything that can be done to accelerate it. Members continued to discuss
the length of time and the disruptions it will cause. Many shared their
unhappiness at the length of time this phase will take, noting how these
disruptions are occurring during peak flying season. Gardinier stated that
Airport Commission
May 16, 2013
Page 5
she believes they need to get a clear message out to the aviation
community regarding these disruptions so that there aren't any surprises.
She reiterated her concerns for the safety of those using the Airport
during this timeframe, noting that they need to somehow let the aviation
community become aware of these changes. Hofineyer suggested the
wording of — Due to construction on the Airport grounds, runways are
more frequently used as taxiways. Be advised. Caution. Some type of
wording would let pilots know of the ongoing construction. Tharp stated
that he would work on this immediately and get back to Members.
Gardinier continued to state her concerns with the back -taxi situation,
asking for some type of temporary solution during these six weeks.
After continued debate, Members agreed that Hughes should check with
the contractor on this six -week timeframe and see just what can be done
about this schedule. Members thanked Hughes for his return to the
meeting and for going over their concerns. He stated that he will get back
to them once he has met with the contractor and has a better idea of the
overall schedule.
e. Airport Zoning — Tharp stated that this is something he brought up about a
month ago, and what this entails is the proposed draft of the Airport Zoning Code
changes. The goal is to work with the City and others on these changes to make
sure that developments can occur and that zoning matters can be resolved in a
timely manner. Tharp further explained some of the details of this and
responded to Members' questions regarding the Airport's involvement. Dulek
helped to further clarify what the zoning changes will entail. She noted that the
FAA has a part in such zoning issues, as well. Members then discussed some of
the zoning issues in the downtown area and how the FAA reviews height
restrictions, for example. Horan gave some history on such issues, noting that if
the FAA says something should not be built, the City will follow that
recommendation. Horan added that they still need to find individuals to serve on
the Airport Zoning Commission. Members did not object to the proposed
amendment.
f. F130/Flight Training Reports -
i. Jet Air — Wolford spoke to Members next, sharing his monthly reports
with them. He noted that the maintenance activities for April involved a
lot of springtime cleanup. The rain has kept them inside quite a bit, and
once it stops they are outside mowing. He then responded to Members'
questions. Gardinier asked if the self -serve fuel pump is working.
Wolford responded, noting that it currently is working and that it has a
hand reel on it as they continue to look into the cause of the problem. He
added that Jet Air has been doing quite well lately and that they are still in
need of mechanics.
ii. Iowa Flight Training — None.
g. Subcommittee Reports -
i. For May: June 8th is the Young Eagles' event from 9:00 to 12:00.
ii. For June: The Infrastructure Committee
h. Commission Members' Reports — Ogren shared that they were able to install
the engine and landing gear recently on their plane. Gardinier shared that she
flew Bob Powers to Flippin, Arkansas recently. Horan shared that he added one
more CFI to his logbook when he flew to Decorah.
Airport Commission
May 16, 2013
Page 6
L Staff Report — Tharp shared that he had a good presentation at the Aviation
Conference last month. He noted that they now have a new picnic table and grill
at the Airport. He hopes to start with the Young Eagles' event and have some
type of summer grilling event.
SET NEXT REGULAR MEETING FOR:
Gardinier reminded Members that she will be absent for this meeting. The next regular meeting
will be Thursday, June 20, 2013, at 6:00 P.M. at the Airport Terminal building.
ADJOURN:
Horan adjourned the meeting at 8:40 P.M.
CHAIRPERSON DATE
Airport Commission
May 16, 2013
Page 7
Airport Commission
ATTENDANCE RECORD
2012 -2013
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
o
co
�
�
--L
0
0
0
0
0
C�JI
OD
N
O
N
N
W
--
\l
NAME
EXP.
-4
N
�
rn
O
�
o
�
N
o
�
N
-�
N
-�
�
oo
rn
N
N
N
N
N
N
N
W
�
W
�
W
W
W
03101/13
0/
Rick
X
X
X
X
X
X
X
/
O/E
X
NM
M
M
Mascari
03/01/14
Howard
X
X
X
X
X
X
X
X
X
X
X
X
X
Horan
Minnetta
03/01/15
O/
O/
O/
O/
X
X
X
X
X
X
X
X
X
Gardinier
E
E
E
E
Jose
03/02/12
O/
X
X
X
X
X
X
X
X
X
O/E
X
X
Assouline
E
Chris
03/01/15
NM
M
X
X
X
X
X
X
X
X
X
X
Ogren
M
Paul
03/01/15
N
N
N
NM
NM
NM
NM
NM
NM
NM
X
X
X
Hofineyer
M
M
M
Key:
X = Present
X/E = Present for Part of Meeting
O = Absent
O/E = Absent/Excused
NM = Not a Member at this time
"TMOT�
2b(2)
MINUTES APPROVED
BOARD OF ADJUSTMENT
MAY 8, 2013 — 5:15 PM
CITY HALL, EMMA HARVAT HALL
MEMBERS PRESENT: Larry Baker, Brock Grenis, Gene Chrischilles, Will
Jennings, Becky Soglin
MEMBERS ABSENT: None.
STAFF PRESENT: Sarah Walz, Sarah Holecek
OTHERS PRESENT: David Bentz, Mike Pugh, Jay Nelson
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Grenis outlining the role and purpose of the Board and
the procedures that would be followed in the meeting.
CONSIDERATION OF APRIL 10, 2013 MEETING MINUTES
Jennings moved to approve the minutes with one correction.
Baker seconded.
A vote was taken and the motion carried 5 -0.
SPECIAL EXCEPTION ITEM
EXC13- 00006: Discussion of an application submitted by McDonald's USA, LLC for a
special exception to expand the existing drive - through facility on property located in the
Community Commercial (CC -2) zone at 2440 Mormon Trek Boulevard.
Walz said exact application was approved almost one year ago. She said at that time the
property was zoned Intensive Commercial (CI -1) and was going through a rezoning and a
request for a special exception. She said the property was subsequently rezoned to CC -2. She
said the applicant wants to add a second drive - through in order to move customers through the
drive - through line more quickly. She said there is plenty of stacking space, but staffs main
concern last time was getting some of required screening and providing clear pedestrian access
Board of Adjustment
May 8, 2013
Page 2 of 10
to link from the sidewalk. She said the applicant's proposed site plan showed everything the
staff requested with the special exception.
Grenis asked if there were any changes since last time.
Grenis invited the applicant to speak.
David Bentz of Bentz Engineering in Urbandale, Iowa, said he had nothing to add.
Grenis opened public hearing.
Grenis closed public hearing.
Baker moved to approve EXC13 -00006, a special exception to allow an expansion of the
existing drive through facility at 2440 Mormon Trek Boulevard subject to the following
conditions:
• Substantial compliance with the site plan submitted, including signage and
pavement markings indicating the one -way circulation of the drive and marking of
the pedestrian areas at the front of the store;
• Approval by the Building Official of the final site plan, lighting plan, and any new
signage for the site.
Chrischilles seconded
Baker said that regarding item EXC13 -00006 he concurs with the findings set forth in the staff
report of May 8th, 2013, and concludes that the general and specific criteria are satisfied. Unless
amended or opposed by another Board member he recommends that the Board adopt the
findings in the staff report for the approval of this proposal.
Grenis concurred with Baker's findings.
A vote was taken and the motion carried 5 -0.
Grenis declared the motion for the special exception 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.
VARIANCE ITEM
VAR13- 00001: Discussion of an application submitted by Jay Nelson for a variance to
waive the off - street parking requirements to allow redevelopment of property located in
the Central Business Service (CB -2) zone at 211 N. Linn Street.
Walz reminded the Board how a variance differed from a special exception. She showed the
Board pictures of the subject property and how the entrance is above grade, which makes
access difficult and is not ideal for commercial uses and that it has no storefront windows. She
said the issue for the variance itself is not the building, but that the property can't provide
parking on site. She said the subject property was grandfathered in with six parking spaces
Board of Adjustment
May 8, 2013
Page 3 of 10
based on the existing commercial floor area. She said all the properties on both side of this
block of Linn Street were platted before the current requirements for parking were enacted.
Walz said the subject property is only twenty -four feet wide, and there is no way to bring parking
onto the property from Linn Street or from the back of the building. She said the properties at
209, 211, and 215 North Linn all have access to the rear of their buildings via a 10 -foot
easement that runs north -south along the rear property line. She reported that the subject
property currently has two parking spaces that tuck under the second floor of the building, but
these spaces are considered non - compliant because the easement by which the spaces are
accessed does not meet the code requirement for width —a 22 -foot wide drive is required in
order to allow perpendicular parking.
Walz referred the Board to the staff report that documents discussions that have transpired
between the applicant and several City departments. The applicant has included pro formas that
indicate it will take three apartments in order for the property to have a reasonable rate of return.
She said the applicant is seeking a variance to have the requirement for 8 parking spaces to be
waived. She said when they take down the building the applicant will lose the right to the six
ghost spaces. She said the applicant is asking to develop first floor commercial space that
would serve commercial uses requiring up to 5 spaces, which would allow them any of the uses
that are allowed in the zone. The variance would also waive three spaces to for the three
proposed apartments on the two floors above.
Walz read from the staff report and summarized the criteria and backup material. She said that
the applicant has to meet each one of the criteria in order for the variance to be granted. Walz
said that staff is recommending that the Board waive the requested eight parking spaces and tie
to that the conditions contained in the staff report.
Walz said that she had provided the Board with two letters that she received after the packet
was mailed to them. She said one is from the owners of Oasis and other from Mike Wright,
representing the Northside Neighborhood Association. She said that the applicant had a good
neighbor meeting last week and met with business owners and residents of the area.
Jennings asked what, if any, restrictions are there on the types of first floor commercial use that
could be put into the proposed building. Walz replied that it would be whatever that is allowed in
the zone. She said the highest and most intense use would probably be a small restaurant,
limited by the five parking spaces it has. Jennings asked if it could be a bar. Holecek indicated
that it could be an eating and drinking establishment with a liquor license, which would allow it to
stay open until midnight. She said there is a limit on the placement of bars and this property is
too close to other bars to be allowed that use.
Chrischilles asked about the length of the waiver. Holecek said unless the building went away,
the right to the parking spaces for the proposed uses would remain. Chrischilles said he thought
the number of spaces was irrelevant since they do not exist anyway. Walz explained that the
number of spaces waived places a restriction on how the building can be used.
Jennings said parking is an issue in this area and one way to control it is with occupancy rates.
Baker asked for the dimensions of the proposed building. Walz replied that the building is
twenty -three feet, four inches in width and depth of the property is seventy feet, with about four
feet being used for garbage dumpsters. Baker asked if you could somehow provide parking on
Board of Adjustment
May 8, 2013
Page 4 of 10
the back would you still not have access to the parking. Holecek said the access easement is
only ten feet and under the Zoning Code you need twenty -two for an aisle.
Walz said the property to the west may redevelop someday and may be built to the property
line. The Board cannot encumber the subject property with something it doesn't have rights to
in perpetuity —it only has rights to a 10 -foot easement.
Jennings said he wants to make sure there is adequate space for the dumpsters. He said the
problem is that when dumpsters have to be physically wheeled out, they don't always get put
back and if the alley isn't sufficiently plowed in winter the garbage still collects. Walz said staff
thought it important that there be access provided and that trash collection only be at the back
of the building. She said the back of the building is the only place the dumpsters can be placed.
She said the Board could attach a condition that calls attention to the situation and asks
Housing and Inspection Services to ensure that there is adequate space for the dumpsters.
Jennings said he doesn't want to create roadblocks for the applicant, but he is concerned about
issues relating to alleys and dumpsters and egress.
Baker said even if they could put on -site parking there now, they have no right to that in the
future. He asked if that wouldn't be the same problem with the trash pickup. Walz said that
someone would probably have to wheel them out by hand. She said the Code would not allow a
parking situation where someone couldn't back up. She said it is adequate easement for
storage of the dumpsters, and the dumpster service may have to do some of the work by hand.
Baker asked if some future owner could redevelop the property and further restrict access. Walz
said no one can interrupt that access because it is an easement that is granted to all of those
properties.
Baker asked about the measurements of the third floor apartment.
Baker referred to a sentence in staff report stating that the quality of the apartments has the
potential to encourage long -term residents to the neighborhood and asked if that is a staff
opinion. Walz said staff encouraged the applicant to put careful thought in designing a floor plan
that would be attractive to long -term residents without inviting over - occupancy. The conditions
of the variance should hold the applicant to the submitted.
Baker talked about the seeming contradiction in the staff report pertaining to the goals of the
Northside Marketplace addressing the parking demands for growth and development of the area
versus a statement that says eight spaces does not seem an onerous request that would have
an adverse effect on neighboring properties and continues on to say that future requests for
reduced parking or waivers of required parking for this neighborhood should be reviewed with
great scrutiny.
Walz said she thinks they have reviewed this application with great scrutiny. She said staff and
the applicant worked on this for a long time to come up with something reasonable. She said
staff feels it is fair because he has some rights with the old building that will go away with the
new one. She said a useful building is desirable. Whether someone uses the existing building
or creates a new one, the property is going to generate a certain amount of parking demand that
cannot be met on site. Staff felt that adding two spaces or the rights to uses that would require
two additional spaces was not so onerous as to tip the scales in the neighborhood. She said,
however, that a tipping point would be reached at some time in the future.
Board of Adjustment
May 8, 2013
Page 5 of 10
Walz told the Board that if they think the idea of increasing metered parking in the area had
merit, they should write a letter to Council and request that the City consider the issue.
Baker said he understood the parking issue better than he did the hardship issue. Walz replied
that they are part of the same piece, because anyone interested in this building would want to
redevelop it, and the only thing that stops redevelopment here is the parking issue. She said
once the building comes down, it has no rights to any parking nor any opportunity to create any
parking. If you have to provide parking and there is no opportunity to do so, that is a hardship.
Baker asked if the owner had tried to sell the property. Walz said he has, and much time has
been consumed in the effort by the Building Department to evaluate appropriate uses. Baker
asked if it is the potential developer who determines the financial feasibility. Walz said it is,
though staff reviewed the pro formas. Baker asked if the ideas a potential developer had are
financial options also available to the current owner. Walz said they are.
Soglin asked if bicycle parking is provided on the subject property, and Walz said bike owners
would have to carry the bikes upstairs or use City provided bicycle racks out front. Soglin asked
if the City periodically reviews the supply based on the increase in residential units in this area.
Walz said she doesn't know if that has been done recently, but the Board can certainly add a
requirement for additional bike parking to the conditions.
Chrischilles asked if the five ghost spaces allocated for the commercial space cover any type of
use that might go in. Walz said it would, based on square footage or seating. She said she
should clarify that the ghost spaces go away, so the variance is a waiver from the requirement.
Grenis invited the applicant to speak.
Mike Pugh of 1 South Gilbert Street, as representative for the applicant, said they would adopt
the information in the staff report as well as the points the City staff makes and the conclusions
and findings that they make and make that a part of applicant's specific application.
Pugh said that under the Code for an eating or drinking establishment you need one parking
space allocated for 150 square feet or one -third of the occupancy load. He said five parking
spaces would support a fifteen person occupancy load. He said the Building Department told
them such a load is basically determined by seating or tables, and they allocate three or four
persons per table.
Pugh said because of the age of this block, the ghost parking spaces that are currently
grandfathered in for each of these buildings were provided to each of the property owners at the
time the Zoning Code was implemented based on the uses at the time. He said, therefore, these
properties were not developed based on an existing Code. He said the applicant's request for
eight ghost parking spaces is below the average of 10.8 allocated for that block based on the
parking study provided by staff. He said in the context of block, the applicant's request should
be considered reasonable.
Pugh said in the good neighbor meeting, people were very supportive of what the applicant is
proposing to do.
Board of Adjustment
May 8, 2013
Page 6 of 10
Pugh said they don't feel that having the ghost spaces or redeveloping the property as proposed
will have much of an effect on the demand for parking in the area. He said residents in this area
may be inclined not to have a car if parking is so difficult.
Pugh said the redevelopment plan is consistent with the Central District Plan in that it will blend
in with the surrounding area. The plan calls for apartments that will help support business in the
area; the plan calls for one - bedroom apartments that will attract long -term residents. The
building will be close to the street, and redevelopment of the site will better position the owner to
attract a commercial tenant, adding to the mix of other commercial buildings in the Northside
Marketplace.
Pugh explained that they ran one pro forma under its current configuration and another based
on the proposed square footage of the residential units and the commercial space, with the
second pro forma yielding a more attractive rate of return.
Pugh read from a memo by Jann Ream of the City expressing support for the proposed project.
Pugh said the applicant is in agreement with the conditions of the staff report.
Baker asked how much useable commercial space the property currently has.
Jay Nelson, 3237 Jasper Avenue NW and owner of the subject property, replied that it is a bit
less than 1200 square feet on the main floor. Baker asked if the new construction would
increase the commercial space. Nelson said it would not. Baker asked what Nelson would
charge if someone wanted to use that commercial space now. Nelson said he's getting nothing
for it today. Baker asked if he's confident that having new commercial space will get him tenants
that he's not getting now. Nelson said he's heard of interest in the new space. Baker asked if it's
possible with the new plan to have more than one commercial tenant. Walz said that would be
doubtful with such a narrow space. Baker said other than the parking problem, which to him is
the least of the problems with regard to a variance, what are the building impediments to using
the current building to achieve the same purpose of commercial on the ground floor and two to
three apartments. Walz said in order to do that, the owner would have to come into compliance
with some of the parking requirements. She said he doesn't have rights to residential right now
so to do a change of use he would have to provide the parking. She said it's not necessarily the
absence of parking that is the impediment to investors: it's the improvements that need to be
made to the building itself. They would be sinking a lot of money into what is really an obsolete
building. Baker asked if he could still get a variance for the parking using the same property.
Walz said the desire is to have a building that's a real asset to the neighborhood and its
commercial tenant, and the Board would be waiving parking either way. Therefore it seems
better to get a building that is useful and attractive.
Baker asked if the owner anticipated the costs when he bought the building. Nelson said he
bought the building for sentimental reasons and was under the impression that he could have a
renter upstairs. Baker said he would ask how much of the responsibility is on the owner for
creating his own hardship, as in this and other cases he has seen. He said he'd like to talk to
the Board at some time about if there should be some process in the buying and selling of
property where the new owner is aware of what can be done with the property.
Walz said what renders the building obsolete is lack of maintenance and updating over many
years and changes in the Building Code and the Zoning Code. She reiterated all the reasons
Board of Adjustment
May 8, 2013
Page 7 of 10
that no one is able to make use of this building in its current state. Baker said he was agreeing
that the proposed building will be a substantial improvement to the neighborhood but was
questioning the legal justifications here and what they are using as the criteria for hardship.
Walz said that hardship is the highest bar to meet because so often the case is that a person
bought something they thought they could use in a way that is not allowed. Baker said he thinks
the point is that as much work that would have to be done on the building, it's not financially
viable to do so.
Grenis opened public hearing.
Grenis closed public hearing.
Soglin said that there are new techniques being developed for waste management, and in the
future there may be a different method used, like composting. She said there was a hope that
people without cars would live in this building, yet there is no secure bicycle parking. Walz said
that efficiencies and one - bedroom units are required to have .5 bicycle spaces. Holecek said
that typically bicycle parking is addressed by the installation of a bike rack, but she can't confirm
that.
Jennings said because this a variance, the Board should be forward- thinking and say that the
variance should also address the larger goals of this asset to the community, that it includes not
just the reduction of the number of cars but that it also address things like solid waste
management, recycling, and the larger picture that is also beneficial to the community. He said
this is an issue that he would like City staff to address by being forward- looking as they look at
incentives and not limit themselves to just parking spaces.
Walz said there is currently a pilot program under way for recycling in multi - family housing.
Jennings said he would add a condition that the City of Iowa City Housing and Inspection
Services verify that dumpster storage and access removal and proper replacement to storage
locations is feasible in practice and application for compliance with the storage ordinance and
general public health and safety standards.
Baker said he would like it to spell out that it's restricted to three one - bedroom or studio
apartments.
Chrischilles asked if that isn't already inferred by the three parking spaces that are allotted.
Walz said it is.
Baker moved to approve VAR13- 00001, a request to waive the Zoning Code requirements
for eight off street parking spaces to allow redevelopment of a property located in the
Central Business Service (CB -2) zone at 211 N, Linn Street subject to the conditions:
1. Substantial compliance with the floor plans submitted and elevations submitted
on May 2 restricting the residential use to three one - bedroom or studio
apartments. Any changes to the floor plans or elevations to be approved by the
Director of Planning
2. The applicant must secure a building permit and final approval for exterior design
and materials from the City in order to construct the proposed building
3. That the City of Iowa City Housing and Inspection Services verify that dumpster
storage and access removal and a proper replacement to storage location is
Board of Adjustment
May 8, 2013
Page 8 of 10
feasible in practice and application for compliance with the storage ordinance and
public health and safety standards
Jennings said the third condition mandates that the dumpsters are properly stored and returned
to their proper storage and not just on a drawing.
Jennings seconded the motion.
Baker said regarding VAR13 -00001 he concurs with the findings set forth in the staff report of
May 8, 2013, and concludes that the specific criteria are satisfied. Unless amended or opposed
by another Board member, he recommends that the Board adopt the findings and staff report for
the approval of this proposal.
Grenis added that in addition to the staff findings, he finds that it's not contrary to the public
interest based on correspondence the Board received supporting the decision and that this is
completely in line with the Comprehensive Plan, in particular the Northside Marketplace section
of the Central District Plan.
Soglin added that the applicant is facing hardship due to a unique combination of issues that no
other properties face in terms of having no storefront windows and having a raised first floor.
Jennings said that this is not a case of hardship by neglect, that the property owner has not
deliberately allowed this property to fall into a state of neglect such that he is claiming hardship.
A vote was taken and the motion passed 5 -0.
Grenis declared the motion for the variance 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.
OTHER
Consider a request to extend the term of a special exception for New Cingular Wireless
PCS LLC (AT &T) to locate a communication transmission facility in the Neighborhood
Public (P -1) zone at 2901 Melrose Avenue (West High School).
Walz said it is not definite that the applicant will need the extension. She said they have been
making progress with the Building Department within their six month term but various delays
from the school district for some soil studies among other things have delayed the process, and
now the school district is asking the applicant to wait until the school year ends to install the
tower and antenna. She told new Board members that it was the choice of the school to have
the tower located on its property and showed them what the applicant intends to do. She said
the Board can either grant the extension to September 1, or the applicant will have to reapply.
Baker moved to approve a request to extend until September 1, 2013, the term of EXC13-
00003, which was approved in February of 2012.
Jennings seconded.
A vote was taken and the motion carried 5 -0.
Board of Adjustment
May 8, 2013
Page 9 of 10
OTHER:
BOARD OF ADJUSTMENT INFORMATION:
Walz thanked Jennings for his service to the Board. Jennings said it has been a special
pleasure to work with a City staff that is as meticulous and thorough and well- intentioned in their
work.
ADJOURNMENT:
Jennings moved to adjourn.
Baker seconded.
The meeting was adjourned on a 5-0 vote.
z
W
N
7
D
Q
LL
Q
m
V
W
w
W
V
z
a
z
W
■
i
M
T
O
N
N
T
N
ui L
x E
LU
a�
c 5
aaaz
xoo I
W
Y
X
X
X
X
X
u�
o
X
X
X
X
X
M
X
X
X
;
X
M
O
co
X
X
WO
X
X
X
X
X
X
N
X
X
X
X
X
=
T
X
X
X
X
X
T
Cp
X
X
`O
X
\
i
G
O
T
N
X
X
X
X
rn
X
X
X
X
iz
O
M
X
X
X
X
co
X
X
X
X
X
u�
Kti
co
v
cn
00
00
w
o
0
0
0
0
0
2
CV
N
N
N
N
CV
1
\
\
1
I�
W
Z
W
C7
w
Z
~
Y
J
O
o
3
a
g
m
m
OC
N
V
Z
-
Z
N
Q
=
z
W
Q
0
N
z
00
t9
V
t=
ui L
x E
LU
a�
c 5
aaaz
xoo I
W
Y
2b(3)
MINUTES APPROVED
BOARD OF ADJUSTMENT
JUNE 12, 2013 — 5:15 PM
CITY HALL, EMMA HARVAT HALL
MEMBERS PRESENT: Larry Baker, Gene Chrischilles, Brock Grenis, Becky
Soglin
MEMBERS ABSENT: None.
STAFF PRESENT: Sarah Walz, Andrew Bassman, Sarah Holecek
OTHERS PRESENT: Mike Pugh, Dick Noble, Nate van der Weide
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Grenis outlining the role and purpose of the Board and
the procedures that would be followed in the meeting.
CONSIDERATION OF May 8, 2013 MEETING MINUTES
Baker moved to approve the minutes.
Soglin seconded the motion.
A vote was taken and the motion carried 4 -0.
SPECIAL EXCEPTION ITEMS
EXC13- 00008: Discussion of an application submitted by Prime Ventures Construction,
Inc., for a special exception to reduce the rear setback requirement for property located
in the OPD -5 zone at 826 Sugar Loaf Circle.
Bassman said the reduced rear setback would be from twenty feet to fourteen feet and would
allow for construction of a twelve foot by twelve foot screened in porch extending from the rear
of the second story of the house as well as a covered deck extending below the porch at the
first floor level. He explained that a covered porch is not allowed by Code to extend into the rear
setback. He said the applicant has already built the screened in porch and the covered deck
Board of Adjustment
June 12, 2013
Page 2 of 9
although he did not have a building permit to do so. He said the subject lot is relatively shallow
and relatively small. He said there is a relatively steep slope at the back of the property, which
limits private yard space. He said the main issue of the special exception is whether it conflicts
with the purposes of the minimum setback requirements as listed in the staff report. He said
staff has found that granting the exception will not be contrary to the purpose of the setback
regulations because:
• Allowing a modest setback reduction of six feet along the rear of the property, abutting
permanent open space, would not alter the character of the street or neighborhood.
• The porch must remain unenclosed as a condition of approval of this special exception, so it
would not restrict access to light and air or separation for fire protection, encroach on the
privacy between dwellings, or promote an unreasonable physical relationship between
residences.
• The houses to the east and southeast of the subject property also have rear porches. Thus,
the proposed porch would not be out of scale or inconsistent with the rest of the structures in
the neighborhood, as long as the porch remains unenclosed.
Therefore, staff believes that the proposal does not conflict with the purpose of the setback
requirements and recommends approval of the application with conditions stated in the staff
report.
Baker asked if the house is occupied now. Walz said she did not know. Baker asked how this
came to happen. Walz said she thought it was an accident. Walz suggested that the Board
review the application as if the porch were not already constructed. Baker said his concern is
with people not understanding the rules and then coming to the Board to have the rules
adjusted to allow something they've already done. Walz said the Board's job is to review it as if
it doesn't exist.
Soglin asked about the property zone listed on the applicant's form. Walz explained that SAOis
an old zoning code designation pertaining to planned development for a sensitive area. In this
case the developer set aside open space to preserve certain natural features and in exchange
this allowed the developer to make some lots smaller than the minimum required in the RS -5
zone. Under the current code this would be labeled OPD for Planned Development Overlay
Soglin asked if it would set precedent if the Board approved this application. Walz said that no
special exception or variance is precedent setting for another. She said the Board must consider
each individual application based on its own merits.
Chrischilles said it forces the Board's hand in that it is already built. Walz said it does not. She
said the Board needs to be concerned with the findings of fact. She said it's being already built
does not make it meet the standards.
Baker said he wants to know who's responsible, not just in this case, for knowing the Code
before something gets built. Holecek said the builder submits plans, which are approved, and
then the builder does the building according to those plans.
Chrischilles said a formal precedent wouldn't be set, but an informal one would be set because
it would let other people in the area know that something got built incorrectly so they can just
ask for forgiveness later. Walz said that many of the factors in this case would not apply to other
Board of Adjustment
June 12, 2013
Page 3 of 9
properties in the vicinity. Walz said again that the Board needs to review the request based on
the criteria for the special exception.
Grenis asked if the applicant had any penalty charged to them by the Building Department.
Walz said that's a question best put to the applicant.
Baker asked if it was the Building Department in the permitting process that discovered the
error. Holecek said she guessed that when they applied for an occupancy permit a final
inspection was done, and it was determined that this was not built according to the plans, and
that it encroached into the rear setback. She said this was also a question best answered by the
applicant.
Mike Pugh, the representative for Prime Ventures Construction, explained that when the
building permit was applied for, the plan was for a patio on the first floor and an uncovered deck
above. He said that during the course of construction, they discovered that the slope in the back
of the house was not conducive to laying cement for a patio. He said there was a
miscommunication between people in the builder's office where each thought the other was
going to get an amendment to the building permit. He said he didn't believe that they ever
thought they would need a special exception. He said during the final inspection it came up that
they would need a special exception, which is not something they would need in North Liberty or
Coralville.
Pugh said the topography of the lot makes it difficult to use the backyard. He noted that beyond
the woods at the back of the backyard is an outlot that is subject to a drainage easement and is
reserved for open space so that will never get built on. He said the screened in porch is built on
the westerly part of the lot, and there isn't a neighbor who is immediately to the west of or
behind them. He said were this to happen on another lot, it would be determined' on a case by
case basis, and they feel that a special exception would be warranted in this case if you look at
the special and general conditions. He said they do adopt the information and arguments that
were presented by staff in their report, and the applicant is in agreement with the conditions
recommended by staff.
Baker asked if they approached this special exception based on these facts only, and the
addition was not already built, the special exception would most probably be approved. He said
what if a property owner did the same thing, but it's found when they come before the Board
that they don't deserve a special exception, and it goes to court and the judge upholds the City's
ruling. He then asked if the owner has any vested right to continue because the addition exists
now. He said they have these applications come before the Board in which people said they just
didn't know what the rules were. He said he anticipates where eventually they will have a case
come before the Board where the Board will want what's been done to be undone. Walz said
that has happened before.
Holecek told Baker that vested rights really pertain to you having the ability to rely on a lawfully
issued permit, and if the law changes during your reliance on that permit, your vested rights give
you the right to continue construction under the permit that has been issued. She said vested
rights do not pertain in this case.
Walz said special exceptions are written into the Code because there are circumstances in
which it is reasonable to be flexible, but not in every situation. The zoning code gives the Board
a set of criteria specific to setback reductions and allows them to judge whether that flexibility is
Board of Adjustment
June 12, 2013
Page 4 of 9
warranted on a case -by -case basis. She said in this case staff looked at what the purpose of the
setback regulations are and whether the building meets all the other standards. Given that this
is a rear setback request and there is no private development on the other side of the property
line and, given the other criteria, it seemed that this request was in keeping with the intent of the
setback regulations.
Soglin asked if this home is for sale. Pugh said it is. Soglin asked whether their sales document
include information explaining the situation. Pugh said there will be an obligation on the part of
the person listing the property to inform buyers of that issue.
Grenis asked if they had an occupancy permit. Pugh said they did.
Grenis opened public hearing.
Grenis closed public hearing.
Baker repeated that his concern is not so much with this particular application but with the
process the Boards goes through in comparable cases coming in the future.
Soglin said she thinks something should be stated in the sales documents for the purchaser of
this home that it could never have walls built around it or windows installed.
Holecek said the special exception will get recorded, which will attach to the abstract, which will
then be noted by the attorney who does the title opinion at closing.
Soglin said she would like it noted on the seller's disclosure. She said her concern is that
someone could think they could make it a three season porch, and then it's even further away
from what it originally was.
Pugh said that would be recorded in the records of the Johnson County Recorder, and his
expectation is that whoever is looking at the title for the buyer would report that in that opinion to
the prospective buyer.
Soglin clarified that she thinks it should be explicit on the seller's disclosure that first time that
it's sold and thereafter. Walz said that it would be possible to ask the current seller to do that,
but she's not sure there is any way to enforce putting in disclosures thereafter.
Pugh agreed with Walz.
Soglin asked if it could be clearly stated on the first disclosure statement and not just in the title
opinion. Pugh said he's sure that will be done.
Walz said that the Board could recommend that it be disclosed that it's a screened porch and
deck that may not be enclosed.
Baker moved to approve EXC13- 00008, a special exception to reduce the rear principal
building setback from 20 feet to 14 feet in order to allow a 12 -foot by 12 -foot screened -in
porch for property located at 826 Sugar Loaf Circle, subject to the following conditions:
Board of Adjustment
June 12, 2013
Page S of 9
1. The applicant must secure a building permit for the 12 x 12 -foot porch and covered
deck.
2. Both the first floor deck and the second floor screened porch must be un -enclosed.
The installation of windows or solid walls on either level would constitute an
extension of the principal structure, which would not be permitted. This restriction
should be included with the seller's disclosure for the first sale of the house.
Chrischilles seconded the motion.
Chrischilles said regarding EXC13 -00008 he concurs with the findings set forth in the staff
report of June 12`h and concludes that the general and specific criteria are satisfied. Unless
amended or opposed by another Board member, he recommended that the Board adopt the
findings in the staff report for the approval of this proposal.
The other Board members concurred with those findings.
A vote was taken and the motion carried 4 -0.
Grenis declared the motion for the special exception 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.
EXC13- 00009: Discussion of an application submitted by the University of Iowa
Community Credit Union for a special exception to allow a drive - through use for property
located in the CO -1 zone at the southwest corner of N. Dodge St. and Scott Blvd.
Walz said the subject property was rezoned from Research Development Park (RDP) to Office
Commercial (CO -1) in November, 2008. A special exception was approved for a similar three -
lane drive through facility at that time, but because the banking facility was not constructed within
the six -month term of the special exception, the exception is considered expired. The applicant is
now going forward with plans to construct a much smaller facility at the site, a bank branch. (The
proposed building and parking area are significantly smaller than the original proposal.)
Walz said one of main issues with drive - throughs is ensuring that it's safe for pedestrians
moving across the site. She explained how signage will be used on site to that end. She showed
where staff is recommending that the applicant add landscaping. She said there is more than
adequate stacking space on this site. She showed photos of the intersection and where the
drives to the credit union will be located. She said the turning situation had been reviewed at the
time of the special exception in 2008 by the Fire Department on the opposite corner, and was
reviewed again for the current special exception, and they have no issues with it or trouble with
turns onto their site. She said the Transportation Planners feel that it's a safe situation. She said
staff is recommending approval of the application with conditions. She provided the board with a
memo with additional information from the Transportation Planners regarding the design of the
road and the anticipated impact of the drive - through.
Soglin asked if a special exception would be needed if there were no drive - through attached.
Walz said no exception would be required. She explained that for a long time this site has been
zoned for office type uses. She said that only banking facilities are allowed to have drive -
throughs in the CO -1 zone.
Board of Adjustment
June 12, 2013
Page 6 of 9
Grenis asked if the bank owned the whole lot so that further development would be theirs. Walz
said if they were to develop it with a building at some point they would have to amend the
original rezoning.
Soglin asked about the lights. Walz explained where there was already well established
vegetation to the west of the parking area, and the one area staff thought should have additional
vegetation shown on the site plan was at the end of the north /south driveway for the bank
parking area.
Grenis invited the applicant to speak.
Dick Noble of the University of Iowa Community Credit Union said he was present with their
architects to answer any questions.
Grenis said the application is now for a branch bank now and asked what the difference is
between that and the 2008 application.
Noble said they realized that with their growth, the administrative portion of the building was not
going to be big enough.
Soglin said the staff report indicates that the credit union expects one - thousand vehicles per day
entering and exiting the proposed bank because the drive - throughs are over time being used
less. She asked what would happen to the drive - through in ten or fifteen years. Noble said this
drive - through will have two instead of the three lanes at all their other branches, and he expects
less than one - thousand vehicles a day at this branch.
Grenis opened public hearing.
Nate van der Weide of 15 Hickory Heights Lane said he's concerned about the additional traffic
and the turning lane off Dodge Street onto Scott Street that some drivers use as a passing lane.
He said he was also concerned about the vegetation being put up along the sidewalk. Walz said
there is nearly enough room for a car pull all the way across the sidewalk to wait for traffic. She
said the vegetation the applicant is required to put in is on the credit union's property so it's in
from the sidewalk. She said it is low vegetation and is intended to block headlights and shouldn't
create a visibility issue for a vehicle exiting across the extra wide sidewalk. Van der Weide said
he's concerned about how much backed -up traffic there will be once the renovation on Dubuque
Street begins, because Scott and Dodge will be used for detours. Walz said that at particular
times of day, the traffic does back up there, but the Transportation Planners do not feel that this
drive - through will contribute significantly to congestion or that it's a safety concern.
Van der Weide said there are lots of other sites along North Dodge that would be bigger, and he
doesn't like seeing the proposed building stuck on this corner. He said if there turns out to be
lots accidents, what is the recourse. Walz said they don't anticipate having a crash problem
here, but if there was, the Transportation Planners would look at ways of to improve traffic
safety whether at the Dodge /Scott intersection or elsewhere along the road.
Grenis closed public hearing.
Board of Adjustment
June 12, 2013
Page 7 of 9
Soglin stated that she appreciates the neighbor's observation and concerns, and she has also
seen drivers use the southbound left lane as a passing lane at high rates of speed. She said
she'd like the Transportation Planners to be seriously aware of watching what happens.
Baker asked about widening a lane or a street if there proves to eventually be a traffic problem
here. Walz said she can't specifically say what they would do, but if over time there is more
development in the area such that traffic potentially exceeds the capacity of the street, would
trigger the City to widen the road or modify traffic controls. She pointed out Sycamore Mall area
along Kirkwood as a place where the road is being modified in order to accommodate traffic
concerns. Baker asked who would acquire the land to expand. Walz said this is a newer arterial
road which is wider to accommodate additional growth.
Soglin moved to approve EXC13- 00009, a special exception to allow a three -lane drive -
through banking facility in the CO -1 zone, located south of Dodge Street and west of
Scott Boulevard subject to the following condition:
• Substantial compliance with the submitted site plan, with the addition of traffic
signage and required pavement markings for the pedestrian crossings in the area
of the drive - through and bank entrance and additional S2 landscape screening to
be added to the south end of the north -south driveway.
Baker seconded the motion.
Baker said that regarding EXC13 -00009 a special exception to allow a three -lane drivethrough
banking facility in the CO -1 zone he concurs with the findings set forth in the staff report of June
12th and concluded that the general and specific criteria are satisfied. Unless amended or
opposed by another Board member, he recommended that the Board adopt the findings of the
staff report as their findings for the approval of this proposal. He said he would to emphasize
that this is an area where traffic patterns should be monitored regularly and at the first sign of a
substantial increase in accidents or other safety issues the City seek some sort of mitigation for
any problems that might be created in the long term.
Grenis said he agreed with Larry and added that for Criteria B regarding that the transportation
system be capable it's not perfect, but based on the information the Board has in the staff
report, based on the Traffic Engineer recommendations that it's adequate.
Soglin agreed that this is adequate but there needs to be monitoring once it's constructed.
A vote was taken and the motion carried 4 -0.
Grenis declared the motion for the special exception 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.
OTHER:
Board of Adjustment
June 12, 2013
Page 8 of 9
BOARD OF ADJUSTMENT INFORMATION:
ADJOURNMENT:
Baker moved to adjourn.
Soglin seconded.
The meeting was adjourned on a 4 -0 vote.
F-
Z
W
N
D
Q
LL
D
OC
Q
m
D
v
W
w
W
v
Z
Q
D
Z
W
H
H
Q
M
r
O
N
N
r
O
N
� L
U
W N
E5 c
yyU)—
N a -0 0
a<<Z
u it u
Xoo!
w
Y
V-
X
X
X
X
co
X
X
X
X
X
X
X
X
X
=
X
er
M
0
X
X
X
X
M
co
w
X
X
0
X
X
X
X
X
X
N
N
X
X
X
X
X
j
N
v
X
X
X
X
X
j
r
C
X
X
X
0
r
cm
w
X
X
X
X
V-
X
X
X
X
M
X
X
X
X
fa
Kc0
d
Un
co
co
W
o
0
0
0
0
0
N
T
T
T
T
T
T
`W
r
W
Z
W
W
Z
~
Y
J
O
�
W
J
�
3
w
g
m
=
m
z
C
N
V
Z
Z
W
W
Z
N
Z
W
J
Y
W
�
Z
W
2
m
N
N
C9
V
� L
U
W N
E5 c
yyU)—
N a -0 0
a<<Z
u it u
Xoo!
w
Y
2�
=s.
IOWA CITY
rl �
E:)LIC LIBRARY
123 S. Linn St. • Iowa City, IA 52240
aaatme SuwnCrairy.,ww 3143S64MO -im 319.3%4:94.www.kpkarg
BOARD OF TRUSTEES
Minutes of the Regular Meeting FINAL APPROVED
May 23, 2013
Members Present: Holly Carver, Thomas Dean, Mark Edwards, Linzee McCray, Mary New, Robin
Paetzold (by phone), Meredith Rich - Chappell, Jay Semel.
Members Absent: Tom Martin.
Staff Present: Terri Byers, Maeve Clark, Susan Craig, Melody Dworak, Kara Logsden, Anne Mangano,
Elyse Miller, Candice Smith, Brian Visser.
Guests Present: Doyle Landry.
Call Meeting to Order. President Rich - Chappell called the meeting to order at 5:07 pm.
Public Discussion. None.
Approval of Minutes.
The minutes of the regular meeting of the Library Board of Trustees on April 25, 2013 were reviewed. A
motion to approve the minutes was made by Carver and seconded by New. Motion carried 8/0.
Unfinished Business. None.
New Business.
Election of Officers. The Committee composed of Martin, Dean, and McCray met in person and
nominates Rich - Chappell for another year as President, Edwards as Vice President, and Paetzold as
Secretary. The proposed slate of officers was approved 8/0.
Summer Reading Program. We were inspired by Eli Neiburger, our Inservice Day keynote speaker to try
something new and online for our Summer Reading Program. Bob Pasicznyuk, Director of the Cedar
Rapids Public Library created a model we've adopted for our programs. Patrons will register online and
then use a game board to progress through the program. Participants are required to read for two
hours to advance a level instead of a certain number of books during the program. The amount of
information required to enroll is minimal and registration begins on May 28. Patrons can register in
person at the Library at a table in the Gallery from June 1 to June 8 and also through a link on the
catalog page of our website. Craig said we received sponsorships for the SRP this year; see the brochure
for a list. Paetzold asked if we have considered extending the program into the winter. Craig said we
currently don't have plans to offer a winter reading program but we have had an adults only program in
the past. Semel asked if there was a general SRP "participant." Visser said in the past quick readers, like
Romance readers and people who read manga would often finish the program quickly. Our efforts are
primarily to get children interested in reading and keeping school aged children reading in the summer.
Children's Services staff are now visiting schools in the spring to encourage children to get their library
cards and be ready to sign up for the SRP when it begins. Semel asked which age groups participate
most. Children's programs have always attracted the most participants. We hope to get better metrics
from the online registration about who is using the program and who is completing the program. We're
hoping it will encourage friendly competition between the schools in Iowa City.
Digital History Project. Candice Smith, Adult Services and Melody Dworak, Collection Services and Adult
Services librarians previewed the Digital History Project. The website (history.icpl.org) will be introduced
to the public this evening. McCray asked how we formed a partnership with the Historical Society. Clark
said we approached them thinking they would have the most relevant items for our collection. They, in
turn, did not have the staff to do a digital project. A partnership was born. We are not keeping the
materials that we digitize as we are not an archive. We will continue to partner with other organizations
to keep the Local History Project moving forward. Semel asked if we would accept information from
individuals. It is hoped that crowdsourcing will become a component of the digitization project.
New mentioned that she met Diane Baker at a Building the Collection event at her house, and was
pleased to see that she is coming on the Board in July.
New left the meeting at 5:53 pm.
Staff Reports.
Director's Report. We are waiting for the City to approve the parking changes to downtown. This will
have an impact on our patrons and we want to help the City when it is time to inform the public about
this. The proposal is the first hour of parking in the downtown ramps will be free and $1.00 thereafter.
The new meters will accept cash, credit, and debit card. The core of the downtown district will be $1.50
per hour and enforced until 6:00 pm. Chauncey Swan lot is not included in the first free hour, but has a
lower hourly rate. Craig gave an update on the status of job openings in the Library.
Departmental Reports:
Adult Services. No comments.
Community & Access Services. Rich - Chappell asked about the response to the Pop Up Tech Zones.
Logsden said the plan was to go to places where there would be a lot of people, particularly those over
50. So far, people have been curious.
Development Office Report. Craig reminded the group about the Library Links fundraiser on 6/14/13.
Volunteer Recognition. Craig reiterated how extraordinary our volunteers are and how important they
are to our institution.
Miscellaneous. No comments.
Spotlight on the Collection. No comments.
President's Report.
Appointments to Library Board of Trustees. The City Council approved the applications of Jay Semel,
Janet Freeman, and Diane Baker to the Library Board of Trustees for six year terms beginning
July 1, 2013 through June 30, 2019.
Appoint Committee to Evaluate Director. The Library Director evaluation is in June. President Rich -
Chappell appointed Mary New, Holly Carver, and Robin Paetzold to the Committee. Mary New will serve
as Chair.
President Rich - Chappell announced that there is a new Little Free Library at 911 Ryder Street. Children
from the Lincoln School helped decorate it outside Rich - Chappell's home.
Announcements from Members. McCray said she was interviewing someone who now lives in New
York who said one of her favorite things about Iowa City was volunteering at the Library.
Committee Reports.
Foundation Members. McCray is looking for a golfer to join a group.
Communications. None.
Disbursements.
The Visa expenditures for April, 2013 were reviewed. A motion to approve the disbursements for April
2013 was made by Carver and seconded by Dean. Motion carried 7/0.
Set Agenda Order for June Meeting.
Director Evaluation.
Annual report.
Adjournment. A motion to adjourn the meeting was made by McCray and seconded by Carver. Motion
carried 7/0. Rich - Chappell adjourned the meeting at 6:12 pm.
Respectfully submitted,
Elyse Miller
IA
H
3
L
O
O
GO M
.1 ri
a o
V N
w Q �
C OC rl
O o o
JA N
N W
ix
£ V
O 0 0
-O z z
L W W
GOO Q V
XI X I X I x I x I x I x I x I x
X I X I X I O I X I X I X I X I X
w
X X O I X I X X I X I X I X
X I X I X I X I O X X X X
L'
O X I X I X I X I X I X I X I X
LLI
X I X I X I X I X I O X I O I X
z z z z z I z z z I z
X I X I O I X I X I O I x I X I X
\
X I X I X I X I O w X I X I X I X
\
X I X I X I X I O w I X I X I X X
X I X I X I X I O I X I X X X
x I o 1 O x I x I x X x x
WO \ \
X O w X O X I X I X I X I X
M 111 Ln 1,, Ln m M
O O O O O O O O O
kD 9.0 1.0 kD W �
N
h
3 IT
u
x
LU
a,
c c 0 �
w w o
1 Q z
d Q II II
LU
w II II
Y x O O z
c
O
a)
CL
Z
o
—
CL
co
u
LA
m
-p
w
co
]G
z
a
+� -
V
E
E
N V
V
2
2
C
Z
J
cr-
N
N
h
3 IT
u
x
LU
a,
c c 0 �
w w o
1 Q z
d Q II II
LU
w II II
Y x O O z
2b(5)
MINUTES APPROVED
HISTORIC PRESERVATION COMMISSION
APRIL 11, 2013
EMMA HARVAT HALL
MEMBERS PRESENT: Kent Ackerson, Esther Baker, Thomas Baldridge, Kate Corcoran,
Frank Durham, David McMahon, Pam Michaud, Ginalie Swaim
MEMBERS ABSENT: Andrew Litton, Dana Thomann, Frank Wagner
STAFF PRESENT: Chery Peterson, Bob Miklo
OTHERS PRESENT: Thomas McInerney, Brad Pouleson, John Shaw, Mike Wright
RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action)
None.
CALL TO ORDER: Chairperson 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:
339 East Prentiss Street.
Peterson said the Commission held a meeting a month ago regarding this property's
designation as a landmark. She said this property also goes by the 529 South Gilbert address.
Peterson said she included some of the images from the previous presentation to show the
historic look of the building. She showed images from 1966 and images showing how the
building looks today.
Peterson showed views of all sides of the building. She said the plan is to demolish everything
behind the little, one -story former garage and add the new stair and elevator tower on the north
side of the building. Peterson said there would be masonry restoration on all sides of the
original building and complete renovation of the three stories that will become apartments. She
said the lowest level where the bar and restaurant are currently located would remain the same
establishment and would be renovated.
Peterson said that on the south side there is proposed landscaping that would create terraces
for an outdoor dining area. She said the entry door would stay in the same place, although,
because it is not handicapped accessible, the threshold would be lowered. Peterson said she
believes there is also a change with the door head. She said the style proposed is for a similar
type of door, and the awning is to remain.
Peterson stated that on the east/Gilbert Street side, the existing front door will stay as it is and
will open into one of the apartments. She showed the front fagade, which would be retained, of
HISTORIC PRESERVATION COMMISSION
April 11, 2013
Page 2 of 12
the garage and said the infill of the door and window would be changed out to a modern
storefront, because that is the entrance into the new stair tower for the apartments. Peterson
showed a view on the other side of the front door on the east side of the building.
Peterson said the original windows will be restored and the masonry repair will be minimal or as
required. She showed a view of windows at the lowest/restaurant level.
Peterson said the packet contains images of the new construction, which would be very modern
looking. She added that the Secretary of the Interior Standards would require that the addition
be of its own time. Peterson said the siding material of the addition is listed as a composite
panel system with painted cement board. She said other new materials in the project would be
concrete paving on the south side terraces, and the retaining walls would be an exposed
aggregate with a cast concrete cap.
Peterson said staff is recommending approval of this subject to several conditions. She said the
guidelines recommend removal of the vines as part of masonry restoration. Peterson said staff
would typically expect to see product information on any new windows, including storm
windows, and the new doors.
Shaw, the architect for this project, said the composite panels are really a cement board system.
He said it is just painted cement board with metal tracks in between. Shaw said he used
something similar on the renovation of the Free Medical Clinic behind the CVS Pharmacy. He
said the cement board is similar in character to brick masonry in that it is a cement product with
that rough surface and would be an appropriate material to use.
Shaw said, regarding the door that is being lowered, the head would remain in the same place,
and there would be a standard -sized door. He said there are two steps that are non -code
compliant, because they are directly inside the door inside the bar. Shaw stated that they will
lower the entry on the outside by fourteen inches so that someone can use a wheelchair to get
into the building. He said they will use a standard height door with a transom window up above
it. Shaw said that the current door is not an historic door but is a fiberglass door.
Shaw said that what is notable about the building itself from the exterior is the fact that it is
virtually unchanged, if one looks at the old photographs. He stated that they will not be
changing any of that. Shaw said they will leave the fire escape on the south side, although they
will not rely on its use. Shaw said they are following the Secretary of the Interior Standards, and
when they provide accessibility to the upper levels of the historic building with the new
stair /elevator tower, that accessibility helps an historic building stay in service and makes it
more viable.
Michaud asked where the cement work is going. Shaw responded that it is going on the outside
of the addition on the north — the tower. He said it will be painted.
Michaud stated that on the east side of the building, facing Gilbert Street, the vines are
obscuring some pipes. Shaw said the vines would be removed to tuck point the building. He
said it would be the owner's preference to let those vines grow back, simply because of the
name of his business and the fact that they are symbolic of the building.
Shaw said it might be noted that in the Amana Colonies, it is a requirement to let vines grow on
the masonry buildings. He said the Amana Colonies comprise an historic landmark, and vines
HISTORIC PRESERVATION COMMISSION
April 11, 2013
Page 3 of 12
are encouraged there. Shaw asked the Commission to make an exception to allow the vines to
grow back, simply because of what the building has always been known as and because it is a
well -known landmark in Iowa City, partly because of the foliage on the side of the building.
Michaud asked if, when the inside is gutted, the contractor will be re- piping and rewiring so that
the outside pipes will no longer be there. Shaw replied that the pipes Michaud is referring to are
all abandoned anyway and will be removed. He said they will be installing a completely new
electrical system.
Shaw said this building was a factory, so there was never much inside. He said the things that
will be removed are 100% non - historic materials. Shaw said this building was partitioned in
1985 or 1986 to accommodate small artists' studios. He said it is all wood and plastic and
gypsum board walls and hollow core doors.
Corcoran asked about the windows. Shaw said the windows will be taken down, cleaned, and
repaired, and the original glass will be retained where possible. He added that when glass does
have to be replaced, it will be kept as low as possible on that north wall where it is really not
visible. Shaw said they are not putting in new windows except on the old garage front. He said
they will retain that front wall with the brick and tile coping as it is, and then put an aluminum
storefront system here, because that will be the entry into the stair tower.
Swaim asked about the small windows higher up on the stair tower. Shaw said these are very
purposely not in the same proportion or style.
Swaim said she is relieved to hear that the vines are to be removed for the masonry repair. She
said it is fairly well recognized that vines can do quite a lot of damage. Swaim said the Amana
Colonies may be a different situation in that the trellises were there for decades and decades,
as opposed to these vines that may only date to the 1980s. She said the Commission is trying
to look at this building historically to say, 1905, with the vines not being there. Swaim said it is
in service to the building to remove the vines. Shaw said they would repair any damage that
has been done to the mortar over the years.
Durham asked about the garage addition and if the existing fagade would be moved back. Shaw
answered that it would stay in place. He said the cross - section in the drawings shows the wall
and shows it staying in a line with the front wall. Durham said it looked different in another
drawing.
Shaw stated that actually that is not in the wrong location; that section is cut to the north,
through the wall that the Old Capitol Brewery has. He said it is intended to be as the cross -
section shows.
McMahon asked about the vines and the owner wanting them to grow back. Peterson replied
that it is in the guidelines that one would not want that, because it damages the masonry. She
said one thought was to have an arbor over the new terrace that could have the vines. Peterson
said there are other ways to have vines besides up the side of the building. She said that
restoring the masonry is the first concern, and then determining how detrimental the vines have
been should be considered.
Michaud said the plan looks very nice. She asked where the patio would be and if it would be in
conjunction with the bar. Shaw responded that it will be right up along the space between the
HISTORIC PRESERVATION COMMISSION
April 11, 2013
Page 4 of 12
building and the sidewalk on the south side and will be terraced. He said the property owner is
actually building the walls beyond the property line, but there is a code provision that allows this.
Michaud said that if the fire escape is going to stay and is non - functional, perhaps the vines
could be trained around that. Shaw said he had thought of that and would have to look into it.
He said if there is a fire escape there, he thinks he has to maintain access to it, because he
would be giving someone false hope of egress if he somehow closed it off.
MOTION: Michaud moved to approve a certificate of appropriateness for the application
for 339 East Prentiss Street, as presented in the application, with the following
conditions: confirm removal of vines; provide product information for new storm /screen
windows and any replacement windows; provide product information for the new door
on the south side at the restaurant entrance; and provide above information for review
and approval by Chair and staff. McMahon seconded the motion. The motion carried on
a vote of 8 -0 (Litton, Thomann, and Waoner absent).
829 Kirkwood Avenue.
Peterson distributed photographs in the file showing more clearly the conditions before and
after. She said this is another landmark property.
Peterson said that several years ago the Commission approved the replacement of the entire
foundation under this house — an all -new basement. She said that what was approved was not
built, but the new owners plan to make this right. Peterson said the new owners are starting
with the critical issues of the brick and the stone foundation.
Peterson showed the front, north side of the house, which faces Kirkwood. She showed the
new, concrete block foundation and the new windows, which are set in new window wells, on
the west side. Peterson said the Commission had approved a proposal of taking the old stone
that had been removed from the foundation, slicing it, and reapplying it, but that is not going to
happen.
Peterson said the new proposal is to have Anamosa stone that will be applied to the face of the
new concrete block. She said the proposal discusses this being a regular coursing but a rough
cut, which will be historically appropriate.
Peterson showed the south side of the building and said part of the previous project created a
walkout basement. She said this view shows how contrary to the original layout the new
window placement is. Peterson said one can see the arches where the old windows were and
how the new windows don't match that at all. She said that in addition to the stone facing for
the concrete block, most of the arches will be removed, and there will just be a straight course
of brick.
Peterson showed the east side of the building. She said there are new basement windows on
every elevation except on the north side. Peterson said that this proposal would replace those
also. She added that the foundation needs to be covered with new stone on all four sides.
HISTORIC PRESERVATION COMMISSION
April 11, 2013
Page 5 of 12
Peterson showed a close up on the west side toward the south end of the house. She said
there needs to be a lot of brick repair and replacement here. In the work sequence, the brick
repair will follow after the stone work on the foundation.
Peterson showed the front on the north side, where the owners need to install windows, which is
part of this proposal. She said staff recommends that they can actually salvage the arches and
make the windows fit the width of the arched openings.
Peterson showed a stone mockup done by the previous owner for the west side. She said the
idea was to put back the original stone. Peterson said it is really unacceptable, because it is too
random of a pattern; the joints are not created correctly; the joints are too wide, and the profile is
wrong. She said that would be replaced. Peterson showed a photograph of the Mansion on
Gilbert Street, which is the same style of building, and said the foundation there is a better
example.
Peterson showed a photograph looking into one of the new window wells. She said the
proposal is to use the limestone to cap the top of the window wells so that it fits in with the new
stone of the foundation.
Peterson said staff recommends approval of this application. She said that because it is such a
critical thing to get this stone correct, the owners have agreed to do a mockup, to show that this
will work. Peterson said one of the conditions of the recommendation is to have the mockup
approved. She said staff also recommends that the window wells get a stone cap, confirm that
the entire masonry repair follows the Secretary of the Interior Standards, and that staff and chair
receive product information on the two new basement windows that need to go in on the north
side.
Pouleson, one of the owners of the property, said the mason had told him the original stone was
probably quarry from quite near or maybe even in Iowa City, and that is no longer available. He
said the next best thing was Anamosa stone.
Pouleson said the photograph of the Mansion is not quite what the original foundation of this
house looked like from the pictures he has seen. Peterson agreed that the Kirkwood house
foundation is a little rougher. Pouleson said the Mansion foundation was a little more
symmetrically cut. He said his foundation was rough cut rock with even coursing, so that is
what they are trying to match. Pouleson showed a photograph of the original foundation, before
the house was lifted, so they know what it should look like.
Regarding the window wells, Pouleson said they will cap the U- shaped wall with the same
stone. He said there is a gap between the foundation wall and the U- shaped wall, adjacent to
the sides of the windows. Pouleson said they plan to run stone down there as well, on either
side of the window and probably across the bottom too to cover all the block of the foundation
wall.
Pouleson said he looked at the front two windows. He said they can preserve those arches, as
there is just the one brick missing. Pouleson said those arches correspond to the windows
above. He added that the windows they will be putting in the basement are the same width as
the windows up above, so they will line up perfectly.
HISTORIC PRESERVATION COMMISSION
April 11, 2013
Page 6 of 12
Pouleson said the concrete block that was put in between is not in the right location and is also
too wide. He said they will have to take that out and re -lay some blocks centered at the
appropriate width to allow the windows to be put in. Pouleson said that his mason has a plan for
doing that.
Pouleson said they are pretty much the only two arches they will be able to preserve, because
they do line up with the windows they will be putting in. He said that for most of the other ones,
for whatever reason, the previous owner did not take any care to do that. Pouleson said that
they will just be running a straight course on the rest of the house.
Regarding the windows he will be putting in, Pouleson said he sent the information to staff.
Peterson said the owners are proposing Jeld -Wen, and that will match everything else that is in
the house now. Pouleson said that the windows that they will be putting in are made by a
subsidiary on the West Coast that Jeld -Wen bought that makes historically approved windows.
He said the sills and all of that match what one would see in a traditional house. Pouleson said
they are Jeld -Wen windows but they are from a different line than the ones that are in the house
now.
Swaim asked if the house sustained any damage to the foundation during the time it was
vacant. Pouleson said there was surprisingly little damage. He said there were a few cracks
here and there in some of the plaster, but the damage is very minor. He said there is also some
interior damage at an interior brick wall that used to be an exterior wall.
Corcoran asked how thick is the proposed stone veneer. Pouleson responded that it is going to
line up with the ledge that was left, which is about three and one -half inches.
Michaud asked Pouleson if he will be able to match the brick that is there. Pouleson said he
actually has quite a bit of the original brick and will be putting that all back, as well as using brick
from a chimney that was taken out from an interior wall that was originally an exterior wall. He
said he believes it was taken out in order to raise the house. Pouleson said that if they cannot
do it all with the original brick, it will be very close.
Baldridge said that the owners are to be congratulated for saving this house. He said this is a
very significant neighborhood in Iowa City.
Michaud said that she likes the irregularity in the original stone foundation. She said there were
some wide or high stones and narrow stones that made it look more like it was field- constructed.
Michaud said the Mansion is very formal, but this house predates the Mansion. Pouleson said
he did not know the age but said this is definitely a different style. He stated that on the
Mansion, each block is the same dimension, at least height -wise.
MOTION: McMahon moved to approve a certificate of appropriateness for the application
for 829 Kirkwood Avenue, as presented in the application, with the following conditions:
provide mock -up of stone veneer at foundation; confirm proposed use of stone veneer at
window wells; confirm appropriate repair methods for historic masonry; confirm the size
of the two new basement windows and their placement relative to the existing brick
arches; and provide above information for review and approval by Chair and Staff.
Baker seconded the motion. The motion carried on a vote of 8 -0 (Litton, Thomann, and
Wagner absent).
HISTORIC PRESERVATION COMMISSION
April 11, 2013
Page 7 of 12
30 North Clinton Street.
Peterson said this is another Iowa City landmark. She said the proposal is to replace, repair,
and do work on four different doors on the building.
Peterson referred to a picture from before the addition on the south and before the front
entrance had been changed. She showed the front pair of doors to be replaced and referred to
a drawing in the packet that shows the proposed replacement doors.
Peterson showed the addition to the south and the door that would be replaced. She also
showed the north side of the building at the steeple tower, where existing wooden doors will be
repaired. She also showed the north side of the building where there is a newer door, and said
this door and side windows will stay the same, but the applicant wants to add a handicapped
operator. The handicapped operator should not change anything that will be seen from the
exterior.
Peterson showed a close up view of the doors on the north side that go into the steeple tower.
She said the design of the new doors on the front is very similar, with the tall panels over the
lower, shorter panels.
Peterson said they are proposing for the front, instead of solid panels, that it would be all glass.
She said that is not typical of an historic door. Peterson said one could put glass in the upper
panels but not the lower, so that is staffs recommendation.
Peterson said the door on the west side of the south addition will get changed out with a new,
hollow metal door with an upper window. She said the south addition is from the 1950s or
1960s. Peterson said the existing door is in the style of that era.
Peterson showed the doors that would become the panel doors with glass. Swaim asked if they
would be like the gray doors with the tall panels. Peterson confirmed this and said they would
be wood doors. She said the architect has told her that it will be a true stile and rail
construction. Peterson said the packet includes drawings of what is being proposed. She said
the plans show glass in every panel, which she does not think is appropriate.
Peterson said staff recommends approval of this application with the condition that the front
door will be wood stile and rail construction and that chair and staff will review the profile details
at the panels. She said the proposal was not very clear about what the new door on the south
addition would be, so staff will need that confirmed as well. Also, the applicant needs to confirm
that the newer door on the north side would not change from what is seen now.
Michaud asked if the applicant's proposal is to have four glass panels in each door. Peterson
confirmed this. She said that historically there would be glass in the upper panels but not the
lower panels.
Referring to the west elevation, Swaim asked if the existing stained glass transom would
remain. Peterson answered that the plan does not include any changes to the stained glass.
Swaim said that on the original, the doors were proportionally much taller relative to the stained
glass. Peterson said there would not have been as much stained glass originally. She said the
old photo shows a nicer proportion, but the applicant is not changing the stained glass now.
HISTORIC PRESERVATION COMMISSION
April 11, 2013
Page 8 of 12
Baldridge said it is obvious the inside of the church has been modified, because as one goes
into the church now, it is flat in the vestibule. Peterson pointed out the work that was done last
year involving the wood restoration and the roofing that came for review before the Commission.
MOTION: Baldridge moved to approve a certificate of appropriateness for the
application for 30 North Clinton Street, as presented in the application, with the following
conditions: confirm stile and rail construction of new doors at main entry, also confirm
profile at panels; confirm final design of new service door; confirm location of exterior
actuator for auto operator at north door; provide above information for review and
approval by Chair and Staff. Ackerson seconded the motion. The motion carried on a
vote of 8 -0 (Litton, Thomann, and Wagner absent).
513 South Summit Street.
Peterson said this project has been before the Commission a couple of times already this year.
She said that this proposal is for the replacement of the small window on the back side.
Peterson showed the drawing of the proposed window, which is a change from the original
packet. She said the change would make this match all of the other windows with regard to the
trim. Peterson showed a photograph of the trim boards and their relationship to the window
trim. She said this new design should match that.
Peterson said that when this was first presented there was not to be a window change; it was
just the addition of a transom. She said that now there would be a new window.
McInerney, the architect for this project, said the header for the window would match. Peterson
said staff would suggest a condition of providing product information on the new window.
McInerney said the detail around the top of the window would be identical to how the band will
be interrupted by the window. He said that is the way it is matching the head.
McInerney said the project is coming along really well.
MOTION: Baker moved to approve a certificate of appropriateness for the application for
513 South Summit Street, as presented in the application, with the condition that product
information for the window be reviewed and approved by staff and the chair. Baldridge
seconded the motion. The motion carried on a vote of 8 -0 (Litton, Thomann, and Wagner
absent).
REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF:
Peterson stated that in the future she would try to include pictures of some of these items. She
said that Swaim signed off on the certificates of no material effect. Peterson said there were no
intermediate applications. She stated that the two minor applications include a Brown Street
property where a non - historic house was having windows replaced and a house on Bella Vista
for which the Commission previously reviewed an application that incurred a lengthy time lag
between the application coming before the Commission and the owner coming back with the
proposal.
HISTORIC PRESERVATION COMMISSION
April 11, 2013
Page 9 of 12
REVIEW AND APPROVE PLANS FOR CITY PARK CABINS:
Peterson said the City is applying for a grant to repair the City Park cabins. Miklo said the City
is applying for an HRDP grant. He said that staff is sending a proposal to the City Council in
May and would like the Commission's endorsement of that proposal.
Miklo said the Commission discussed this several weeks ago, and it was the Commission's
consensus to apply for grants to help restore these buildings.
MOTION: Corcoran moved that the Commission endorse the City's application for
grants to repair the cabins in City Park. McMahon seconded the motion. The motion
carried on a vote of 8 -0 (Litton, Thomann, and Wanner absent).
DISCUSS HISTORIC PRESERVATION WORK PLAN FOR 2013:
Miklo said the North Side Neighborhood Association submitted a written proposal requesting
that the Commission consider a conservation district for parts of the North Side.
Miklo said another project discussed by the Commission was a possible historic district in the
Manville Heights area. He said the Commission and staff are also in the process of working on
a local historic district for the Melrose National Register Historic District. Miklo said that has
basically been put on hold while the neighborhood does some of its organizing but staff
anticipates that it will come back in the summer.
Wright, the North Side Neighborhood Association representative, said that the proposal
submitted is a draft at this point. He said the project was accelerated a little bit so that the
boundaries are going to be subject to change. Wright said he could answer any questions.
Swaim said it would be great if the neighborhood association could submit some photographs of
some of the houses and streetscapes. Wright said he could arrange this and said the North
Side Neighborhood Association is prepared to do whatever ground work needs to be done.
Swaim said that is critical, because the Commission does not have a full -time staff person or
consultant.
Wright said the area has been surveyed. He said that is a huge accomplishment that will not
have to be dealt with at this time.
Durham asked about the printout and the curlicues in the property on Bloomington Street.
Wright said that there are houses there in the 600 block that were not intended to be in the
district. He said those properties along the north side of the street were meant to be edited out.
Miklo said if the Commission does decide to go forward with studying a North Side conservation
district, the boundaries should be looked at very closely. He said that one of the issues with a
conservation district is that the State Historical Society, when it approved the City ordinance,
wanted to make sure that if there was an area that was actually eligible for an historic district, it
would not be cut short by going with a conservation district instead.
HISTORIC PRESERVATION COMMISSION
April 11, 2013
Page 10 of 12
Miklo said therefore that each property and what the survey says will have to be looked at
carefully. He said the Commission might even want to expand the district a little to the north,
including the Ronalds Street district area. Miklo said staff is looking for some indication as to
whether the Commission wants to include this in its work plan, and then the boundaries can be
redefined as the area is studied.
Swaim said the areas to be looked at therefore include Melrose, which is in process, this North
Side project, and Manville Heights, although the Manville Heights neighborhood has not come
before the Commission to propose anything. She asked if there are any other projects or
initiatives the Commission would like to take on.
Michaud asked if there is any way the 500 block of East College could be conserved. She said
the area is between Van Buren and Johnson Streets.
Michaud said that with the 20 -story building proposed for a half block away from there, this area
is severely at risk. She said the Bradley Building is very likely to go down next week. Michaud
talked about the salvageable material in the building.
Regarding the area on College Street mentioned by Michaud, Miklo stated that when the
College Hill Conservation District was looked at, that block just to the north that is on
Washington Street was removed from the district. He said the Commission had considered it
and then took it out because of property owner objection.
Miklo said that there was an attempt by the City to downzone the area on College Street in
2005. He said that because of property owner objection, the City Council chose not to do that.
Miklo said, regarding whether it should be revisited this soon, he would suspect that the owners
of the property would still object. He said it was the Mental Health Center that owned it at the
time, and the Mental Health Center said it wanted the possibility of selling those properties for
development purposes.
Miklo said he believes it would be an uphill battle in terms of creating a conservation district
there. He said that because there are at least three properties in the area that have been
remodeled or had buildings built, he does not think it would quality as an historic district. Miklo
said he suspects that the fact that the College Street Historic District ends where it does is
because that issue was looked at and it was decided that the buildings to the west did not really
qualify, and also it was zoned commercial.
Michaud asked if the whole block is zoned CB2. Miklo confirmed this. Michaud said she thinks
the only salvation for it is to keep Gilbert Street CBS. She said that if it goes to CB10, there is
nothing to keep this from continuous development. Michaud said the proposal for the 20 -story
building is really a threat to her neighborhood. She said there are a lot of 30 -year occupants
around College Green Park.
Durham asked for specifics about the Goose Town District. Miklo stated that about 15 years
ago there was a proposal for a Goose Town Conservation District. He said that it ran into quite
a bit of opposition. Miklo said the Commission decided at that time not to pursue it, unless the
neighborhood was supportive. He said the area of the North Side has kind of an overlap into
Goose Town, so that might cover part of it. Miklo said in this case it was owner - occupants who
opposed the district, rather than absentee owners, which tends to make the Commission less
likely to move forward.
HISTORIC PRESERVATION COMMISSION
April 11, 2013
Page 11 of 12
Miklo said one other factor to consider is the level of threat to the historic resources in the area.
He said that the farther one gets from downtown, the less threat there is. Miklo said that should
have some bearing on whether the Commission works on Manville Heights, the North Side, or
Goose Town. He added that at this point he feels it would be better to work on only one
additional district.
Swaim asked if Manville Heights has a neighborhood association. Miklo said it does, but he
does not think it meets often, nor does it cover the entire neighborhood.
MOTION: Baker moved to have the Commission's work plan for the coming year focus on
the Melrose Historic District and a potential Near North Side Conservation District.
McMahon seconded the motion. The motion carried on a vote of 8 -0 (Litton, Thomann,
and Wapner absent).
CONSIDERATION OF MINUTES FOR MARCH 14 2013 HISTORIC PRESERVATION
COMMISSION MEETING:
Swaim said that the last sentence of the first paragraph on page seven should read, "...has also
been accomplished."
MOTION: Ackerson moved to approve the minutes of the Historic Preservation
Commission's March 14, 2013 meeting, as amended. McMahon seconded the motion.
The motion carried on a vote of 8 -0 (Litton. Thomann. and Wapner absent).
ADJOURNMENT:
The meeting was adjourned at 6:32 p.m.
Minutes submitted by Anne Schulte
z
O
N,A
V/
G
O
u
z
W
W
W
a
oc
0
O
O
U
z
0
W
N
Uy N O
x Qa a
w
O
V
W
W
z
D
z
W
a
M
r
0
N
N
r
0
N
C�
Q 2
M
CD
y X
LL j
n �
X�
Q
}
w
Ye
x
x
x
x
;
x
;
o
x
x
x
o
0
x
x
x
I
x
1
x
x
x
x
x
x
x
M
M
X
X
X
1
0
1
X
X
0
X
X
X
X
W
W
W
W
N
X
X
X
I
X
i
X
X
O
_
O
O
O
x
O
W
X
X
X
I
X
I
X
X
x
X
X
X
T
M
N
x
X
x
i
x
I
x
x
X
X
X
0
0
T
LU
x
x
x
1
x
I
x
x
x
x
x
x
T
x
x
x
1
1
x
x
x
x
x
x
c
0
o
T
M
X
X
X
I
1
X
X
X
x
O
O
O
x
X
X
1
x
I
x
X
p
x
X
-
X
Go
X
I
X
I
X
X
-
X
X
X
X
N
X
X
I
X
i
X
X
X
0
X
x
x
x
1
x
1
;
x
o
x
x
o
x
0
w
x
x
I
x
1
;
o
x
x
x
N
x
X
0
1
1
;
X
Q
X
x
X
X
v
CO
LO
w
M
CO
Cl)
V
v
a-
LO
T
to
T
�
a-
LO
a-
CL
a-
rn
a-
rn
T
rn
a-
rn
a-
rn
a-
rn
a-
rn
rn
rn
rn
rn
rn
rn
W W
N
N
N
N
N
N
N
N
N
N
N
N
N
H
M
M
M
M
M
M
M
M
M
Cl)
M
M
M
U)
z
LU
J
Z
Y°=
=
Y
3
a
a
W
a
a
Q
a
a
o
o
a
c
w
F-
2
z
p
ui
w
Q
z
N
Q
z
Z
a
Z
p
d
p
z
Q
Q
z
z
a
Q
W
c
a
o
0
N
3°
a
m
o
J
N
Q
m
V
F=-
C�
Q 2
M
CD
y X
LL j
n �
X�
Q
}
w
Ye
"(6)
MINUTES APPROVED
HISTORIC PRESERVATION COMMISSION
MAY 9, 2013
EMMA HARVAT HALL
MEMBERS PRESENT: Kent Ackerson, Esther Baker, Thomas Baldridge, Kate Corcoran,
Frank Durham, Andrew Litton, Pam Michaud, Ginalie Swaim,
Dana Thomann
MEMBERS ABSENT: David McMahon, Frank Wagner
STAFF PRESENT: Chery Peterson, Bob Miklo
OTHERS PRESENT: Don Cochran, Boyd Crosby, Richard Holmes, Joel Kline, Mike
Oliveira, Brad Pouleson, John Shaw
RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action)
None.
CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:15 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
There was none.
CONSENT AGENDA:
Certificates of Appropriateness:
1133 East Court Street.
Peterson said this is a skylight project in the Longfellow Neighborhood. She said the proposal is
for two skylights on the back side of the main roof.
424 North Van Buren Street.
Peterson said this property is in the Northside Historic District. She said the proposal involves
an upstairs window towards the back — a casement that will be replaced with a larger but more
appropriate double hung window.
416 South Governor Street.
Peterson said this property is in the Governor -Lucas Conservation District. She said this is a
UniverCity Partnership project and the work includes a side window that is to be replaced with a
new double hung window, and two doors to be replaced with new fiberglass, full -light doors. The
window is on the north, the door locations are on the back of the house and inside a vestibule
on the south side of the house.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 2 of 18
Paul -Helen Building.
Peterson stated that this building, located on Washington Street, is proposed for a fagade
improvement at Quinton's, the very east -most bay of the building. She said the plan is to re-
create the historic prism glass transom and to build a storefront that is more similar to the other
ones in the building.
Holmes introduced himself as the building operations manager. He said they will try to make
the storefront similar to how it was in 1912 and have been working closely with Peterson and
city and state staff and look forward to taking the project to completion.
MOTION: Corcoran moved to approve certificates of appropriateness for the
applications for the projects at 1133 East Court Street, 424 North Van Buren Street, 416
South Governor Street, and the Paul Helen Building in downtown Iowa City.
Miklo added that the property on Governor Street will have fiberglass doors and a double hung
window.
Baldridge seconded the motion. The motion carried on a vote of 8 -0 (Baker, McMahon,
and Waaner absent).
CERTIFICATES OF APPROPRIATENESS:
708 Rundell Street.
Peterson said this property is in the Longfellow District. She showed the front of the house and
the one -car garage behind the house.
Peterson said the garage is interesting, because it has a bump out on the back. She said the
plan is to lift the garage, cut off the rotten sill and replace it, build a concrete foundation, and set
the garage back down. Peterson said it should be the same height as it is now. She said the
owners are planning to remove the bump on the back and questioned whether that might
require a demolition permit. Miklo suggested the owners be asked if they would be willing to
keep that part of the garage.
Brad Pouleson, the contractor, said he does not believe the bump out is part of the original
structure. He said the footings do not extend to the bump out. Pouleson said it is actually
worse than it looks in the photograph and would basically have to be rebuilt. He said that most
of the supporting structure is rotted throughout.
Pouleson said the bump out is not on the original footing, which is why he wanted to restore this
to what he perceived to be the original condition of the garage. He said he does not believe it
extended out that far.
Miklo said that is certainly acceptable. He said the bump outs reflect the fact that these garages
were built for small cars like Model Ts, and then sometime in the 1950s these bump outs were
added on to accommodate larger cars. Miklo said it would be nice to save some of them,
because they reflect the evolution of automobiles and how garages had to adapt. He said,
however, if it is in really severe condition, the owner would have the option of allowing it to come
off.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 3 of 18
Corcoran asked if this would be an historic feature that is considered significant to the
architectural character and style of the building. Miklo said it would be difficult to say that about
a garage, although the preference would be to preserve this feature. He said staff understands,
given the condition, that this is not salvageable.
MOTION: Michaud moved to approve a certificate of appropriateness for the application
at 708 Rundell Street as presented in the application. Ackerson seconded the motion.
The motion carried on a vote of 9 -0 (McMahon and Wagner absent).
815 Brown Street.
Peterson said this property is in the Brown Street Historic District. She showed all sides of the
house, including the south, where the addition will be.
Peterson said the dimensions of the addition are approximately 12 ft. by 24 ft. She said the
roofing would be a standing seam metal roof to match the existing, and the siding would be a
lap type siding. Peterson said there is a question as to whether it can be fiber cement board or
another product, and there will be a presentation on that. She said the foundation would be
concrete with stucco on it to match the existing. Peterson said the windows would be Jeld -Wen
windows.
Peterson said that everything is okay with this application. She said there is a question about
the siding material, and there is an issue with the drawings as to how the new roof meets the
back side of the house. Peterson said that is the only condition she had on her
recommendation — that a final design be provided for the roof.
Shaw stated that he is the architect for this project. He said he wanted to correct one item.
Shaw said the owners do not intend to put stucco on the concrete but intend to hand dress it
while it is green to get the texture very similar to the texture of the existing foundation.
Shaw said the reason that two types of siding were submitted is that they are evaluating which
type of siding they want to use. He said he knows the Commission has approved fiber cement
board in the past. Shaw said the LP Smart siding that he submitted is a viable alternative.
Shaw provided samples of the LP Smart siding. He showed a piece of fiber cement board and
a piece of the smooth LP Smart siding. Shaw said they are very similar in texture. He said
there has been discussion that fiber cement board produces a lot of silica dust when it is
worked. Shaw said it requires masks for those using it and special blades to work on it. He
said there is quite a bit of breakage with the fiber cement board, because it is a brittle product.
Shaw said that fiber cement board has a fairly large carbon footprint. He said that producing
cement is a very energy intensive process. Shaw said the LP siding is essentially pressed
hardboard, produced from waste from sawmills. He said the applicant is asking for the option to
use one or the other.
Shaw said that both of the products have superior paint - holding ability and would look very
close to the original wood siding on the house. Swaim asked how long the LP siding has been
in use, but Shaw did not know.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 4 of 18
Miklo said it is a fairly new material. He said it was previously known as masonite siding, used
in the 70s and 80s, and there were a lot of issues with it. Miklo said it absorbed water and
tended to disintegrate. He said this is a reformulated product. Miklo said it is being used in
some applications in the Peninsula Neighborhood but does not have as long of a track record as
fiber cement board siding.
Shaw said he is working through the details of exactly how to make the roof work and will bring
in details when they get to that point.
Regarding the roof and how it ties in, Miklo said staff could envision a couple of solutions. He
said the guidelines discuss offsetting the addition from the original. Miklo said that pulling in the
sides, in simple straight lines in plan, would allow the roof to come in and may be one solution to
explore.
Shaw said this addition will actually have very few square feet as proposed. He said one of the
reasons it is as small as it is is because they are being very respectful of the wonderful spruce
tree in the back yard. Shaw said, given the fact they are limited in the amount of square footage
they can build, pulling in the sides would be the equivalent of losing 16 square feet of usable
space, and this is a very limited floor plan. He said he can pull it in, but the reason he bumped it
out was to capture that extra square footage.
Miklo said staff would then suggest going straight back instead of having the little indention. He
said that doesn't help to resolve the roofline though.
Shaw distributed Preservation Brief number 14 from the National Park Service concerning new
exterior additions to historic buildings to the Commission. Miklo said the Commission's
guidelines are basically the same and suggest distinguishing the new from the old. He said in
this case the small size of the existing structure should be considered when interpreting the
guidelines.
Miklo said the proposed design certainly meets the guidelines, but it results in somewhat of an
odd indention where new meets old. He said the Commission has approved similar exceptions,
including the bungalow on Grant Street where, given the size of the house, the thought was just
to extend the addition straight out.
Shaw said the issue is to differentiate the new from the old and how to tie in lap siding that
varies from 4 1/4 to 4 3/4 —inch reveal. He said he went to the site and measured and feels that
if one doesn't put a vertical board between those, it will be difficult to make the lap siding look
decent. Miklo said that a vertical board could be put in. Shaw said he feels that would look
worse than having the recess and the intentional break.
Peterson said she feels confident that this can be worked out. She said it really just involves
where the roof ties in. Shaw agreed that it needs work. He said he feels that the space
between the two is a nice break between them. Shaw said the Historic Preservation Brief
referenced porches and residential units, and he said he disagrees that this is only intended for
larger buildings.
Miklo responded that he would not argue that. He said what they would normally do would be to
have the whole thing pulled in. Miklo said he is looking for an alternative, considering the
applicant would like to have more space.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 5 of 18
Shaw said there are four distinct references to "the apparent separation created by the recessed
connector." He read the reference that "additions may sometimes be successful if they read as
a separate volume, rather than an extension of the historic structure..." Miklo said that is the
idea of setting it in.
Shaw read the reference "incorporate a simple, recessed, small -scale hyphen to physically
separate the old and the new volumes or set the addition back from the wall plane(s)..." He
read from "Designing a New Exterior Addition to a Historic Building," where the first bullet item is
"A new addition should be simple and unobtrusive in design, and should be distinguished from
the historic building — a recessed connector can help to differentiate the new from the old."
Corcoran asked Shaw if the recesses cause any significant loss of area. Shaw said the other
alternative mentioned in the brief and suggested by Miklo is holding the side walls back for the
entire length. He said he chose not to do that because it takes away a little square footage.
Shaw said the proposal as drawn is acceptable to him.
Swaim asked if there is a way to make the roof work as drawn. Shaw said the easiest way to do
that will be to truncate the distance of the overhang. He said it will fit in and will also begin that
rise a little bit shorter. Shaw said that on the south elevation, it is pretty tight to those beam
ends anyway, and he would like a little bit more room there. He said the roof overhang would
then be less than shown and should solve the issue by letting it travel in under the existing
eave.
Miklo said the proposal is an acceptable way to do the roof on the new addition and does meet
the guidelines. He said he was offering a couple of suggestions as alternatives. Miklo said the
Commission could approve this as is, or if the Commission feels this results in some sort of odd
juncture, could approve it subject to some other solution.
Peterson said there is still a conflict where the new roof meets the back wall of the house and
the overhang of the existing roof, but she feels this roof issue can be resolved. Regarding the
siding, whether fiber cement board or LP SmartSide, she said she did not have enough time to
research the products. Peterson said she can talk to someone at the State Historic
Preservation Office to see what they are recommending. Shaw said he would take direction
from the Commission on that matter.
Regarding the siding, Miklo said staff would suggest approving the fiber cement board and,
depending on what is heard back from the State, approving the alternative subject to staff
approval.
Michaud suggested approving both methods of matching the juncture to give the applicant
flexibility in case the cost of one way would be exorbitant.
MOTION: Michaud moved to approve a certificate of appropriateness for 815 Brown
Street as presented in the application with the following conditions: provide final roof
design for review and approval by chair and staff for possible alternative joining of the
addition to the main house, with the approval of fiber cement board siding and, subject
to staffs research, the option of using LP Smart siding. Durham seconded the motion.
The motion carried on a vote of 9 -0 (McMahon and Wagner absent).
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 6 of 18
331 North Gilbert Street.
Miklo said this property is in the Northside Historic District at the corner of Gilbert and Davenport
Streets. He said the Commission has looked at this a couple of times and last year approved
an application to take off a couple of small additions and restore the front porch and remove the
stairwell and door from the west side. Miklo said the Commission had wanted to see a window
on that side in lieu of the doorway.
Miklo said some of that work has been done, but the applicant has requested some
modifications and also is not going to carry out some of the previously approved alterations.
He said the porch is going to stay as is; the applicant is not going to take off the room that was
added sometime in the 1990s. Miklo said the applicant will be restoring the porch, and the
railing, etc., and the Commission will need some details on that.
Miklo said the small entry addition on the north side is going to stay. The applicant has
determined that this still needs to be here to deal with a change in grade entering the house, so
that will stay the same.
Miklo said that on the west side, the applicant has proposed an awning window for the new
second floor bathroom. He said the extensive remodeling makes this is a unique situation, so
staff feels this would be an appropriate solution.
Miklo said that in the gable ends, the applicant proposes to remove the attic vents and replace
those with half round windows. He referred to a photograph from before the siding was put on
this house, saying that there was a half round window on at least one end if not all three, so that
would be an appropriate change. Miklo said the applicant proposes to use fish scale siding,
which was original here versus the vinyl lap siding.
Miklo said the applicant has removed the one -story portion of the building on the south side that
might have originally been a porch but at some point was enclosed. He said the demolition was
done without a permit. Miklo said the applicant has changed his mind and would like to rebuild
that portion of the building.
Miklo showed a view from the 1970s. He said he suspects that at one point this area originally
contained an open porch and a small room.
Miklo said the applicant is proposing to put back the one -story portion, and staff would
recommend that. He said the drawing shows a shed roof, but staff would recommend a roof
similar to what was there before, which would be similar to the front porch roof — more of a
shallow hip roof.
Miklo said staff therefore recommends approval of the application with a couple of conditions:
that staff and chair approve the final design for the railings for the porch and the deck, and that
the roof for the replacement addition and the trim match what was there originally. He added
that all other aspects of the application meet the guidelines. Miklo said this would typically have
been put on a consent agenda, if not for the demolished porch item.
Mike Oliveira, the applicant for the project, said this house is coming along pretty well,
especially considering the rough shape it was in. He said that they are not expanding that
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 7 of 18
space beyond the existing foundation that was put in. Oliveira said he asked Miklo for some
flexibility from the Commission, because they are still working to configure the inside space.
Oliveira said they know they are going to have a door there. He said they would like to have the
option to have a window but they are not sure if that will work with the kitchen design. Oliveira
said that for the space right there, they want to make sure there is enough roof pitch to use
shingles so that they don't have to have that ugly, metal roof. He said that in order to do that,
they need to angle it up just a little bit. Oliveira said it will look pretty similar to what staff
recommends if they put that little edge on, similar to a house on Johnson Street that he was
shown.
Oliveira asked about another window. Miklo said there is a small window on the south side of
the house that the applicant would like to remove that may not have been original, and staff
does not see an issue with that. He said it would also be fine to keep this window, and it might
be preferable to have a window there. Oliveira replied that he did not know if he can get it in
there because of the structural issues with the house. He said they had to put in a lot of new
beams, because there were a lot of cracked beams in the house.
Swaim asked if there was an issue with the front porch railings also. Oliveira responded that
they have not completed the design yet for the front railings. Miklo said staff is recommending
that be left to staff and chair approval so that the applicant would not have to return to the full
Commission.
Michaud asked, regarding the kitchen design, if there might be a short window over the stove.
Oliveira answered that the design will be reworked. He said the issue is that because that
space is not conditioned for heat and water underneath there because of the foundation, there
is a risk of having freezing pipes if he runs the sink all the way out to there and puts a window
there. Oliveira said they are currently trying to explore whether that is possible.
Michaud said it looks good. She said the south door looks kind of arts and crafts style to her
instead of Victorian. Michaud said it might be better to have a half light door there if the security
is adequate. Oliveira said he just used that door in the drawing, because he had it in his
program. He said that door will be half glass because of the light that will be needed in the
kitchen.
Oliveira said when he looked at the inside of the house to see what was left and try to restore
the woodwork, he could see the house is a combination of craftsman and Victorian, kind of a
farm house style.
Baldridge expressed appreciation for the efforts the owner has made to pull this house back
together. Oliveira said they have applied to purchase the lot next door for parking.
MOTION: Baker moved to approve a certificate of appropriateness for the application for
331 North Gilbert Street as presented with the following conditions: provide design
information for the new deck and deck railing and provide product information on the
door, roof, trim and windows for final review and approval by chair and staff. Thomann
seconded the motion. The motion carried on a vote of 9 -0 (McMahon and Wanner
absent).
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 8 of 18
2460 South Gilbert Street.
Peterson said this property is the historic McCollister farmstead that is just south of Iowa City on
Gilbert Street. She showed the location on a map and a photograph of the house, which is
originally from the 1860s.
Peterson showed where the new garage would be, at the end of the lane, at the site of a
previous outbuilding. She said that a three -car garage with an additional shop is being
proposed. Peterson said the dimensions are basically 24 by 52.
Peterson said the applicant has referred to a garage on Brown Street as the model for the
detailing on this project. She said it would be a board and batten design with trim similar to
what the Brown Street garage has.
Peterson showed a sketch of the three single garage doors plus the shop area with a pair of full
light type doors. She said it is a little different from what was shown in the packet, but staff has
been working with the applicant and the contractor.
Peterson said another correction is that the roofing that is being proposed is a standing seam
metal roof, which is also what is on the house.
Peterson said that with the conditions of providing the necessary product information and a final
design, staff is recommending approval.
MOTION: Thomann moved to approve a certificate of appropriateness for the application
for 2460 South Gilbert Street as presented in the application with the following
conditions: provide product information for siding and roofing materials, provide product
information for doors and windows, and provide final design for review and approval by
chair and staff. Corcoran seconded the motion. The motion carried on a vote of 9 -0
(McMahon and Wagner absent).
2530 South Gilbert Street.
Peterson said this is the other half of the historic landmark property. She said the applicants
have the same lane before it splits off. She said the site of this proposed house is where the
original barn has been removed.
Peterson referred to the drawings. She showed the elevation facing north toward the old house,
the elevation facing south and the two side elevations. Peterson said that as one comes up the
lane, the view would be of the west elevation.
Peterson said that the house plans and roof plans are in the packet. She said the materials
include a standing seam metal roof and a board and batten type of wall siding. Peterson said
the proposed windows are an Andersen product that is not one of the approved window
products, as described in the report.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 9 of 18
Peterson said the foundation would be a manufactured stone veneer product. She said the
retaining walls would be faced with some salvaged stone from the barn, but there the veneer
product is proposed for anywhere there is stone on the house.
Cochran said that he and his wife are the owners of this property. He said they purchased the
entire property about nine years ago when it was ten acres. Cochran said it was in a bad
situation, so they subdivided it and sold it to someone who was moving into the house.
Cochran said he has been working on the remaining six acres for the past nine years. He said
the barn was unsalvageable; the roof had come off and the foundations were caving in.
Cochran said that he has reclaimed many things, including the cupolas, one of which they plan
to utilize as a part of the design. He said he salvaged the timbers out of the barn and will utilize
them on the interior. Cochran said the stone walls were taken down and salvaged. He said
there is not enough to use on the outside except for the retaining walls they are going to build
and in the interior for some fireplaces.
Cochran said the limestone from the barn is being kept and utilized wherever possible, and they
also want to use a product for a stacked stone veneer that hopefully will be fairly similar to the
salvaged stone.
Peterson said the original barn was about 45 by 80 in its footprint. She said the new house
would be an L shape of basically 62 by 63 in dimension. Peterson said the staff report confirms
that this style is appropriate. She said it is mainly with materials that staff has an issue,
because the proposed materials do not meet the guidelines.
Crosby, the general contractor for this project, showed a sample of the veneer product:
'Stackstone' by AN Stone. Swaim asked how deep the veneer is. Crosby responded that it is
anywhere from 1 3/ inches to 2'/ inches. Swaim asked if there is mortar in between. Crosby
said it is adhered to the wall, and then it is mortar between.
Cochran said there is another product from the same manufacturer that is actually bigger
stones; they just can't make it on a smaller scale. He said they will have to utilize it, because
the stone was not one consistent size; there were probably three or four different widths.
Cochran said they are trying to incorporate that. He said one can put a little bit of color in it, like
the one with more of a darker additive.
Swaim asked Commission members if they feel the product is compatible with salvaged stone.
Peterson said she does not know much about this product. She read from the guidelines that,
"Using synthetic masonry materials, such as artificial stone, is disallowed." Peterson said the
Commission has the option of overriding that and making an exception. She said she has not
seen an installation of this product.
Crosby said the real stone is more expensive and more labor intensive to install. He said that
the availability of some of it is not good either. Crosby said that in the last few years, there has
been a lot of this stone veneer used in residential and commercial. He said it is a very viable
product and has a nice look. Crosby said he has not heard of any problems with the product but
said he does not know how it has held up over time.
Michaud asked if the product is fabricated out of cement. Crosby confirmed this.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 10 of 18
Miklo said that if the Commission felt there was a compelling reason to override the guidelines,
that would have to be stated to approve the material. He said the one thing that may justify this
is that the applicant is trying to match the original stone foundation in color and texture, and that
may be hard to do without a synthetic product. Peterson commented that for this product, it
appears that the selected style is the closest match.
Baldridge asked how much of the original stone will be usable. Cochran said he hopes to reuse
all of the stone that he has salvaged. He stated that it was originally a beautiful bank barn, so it
didn't have the stone on the south side. Cochran said the north side and the east side have just
come down as they tried to take it down safely, so the only salvageable stone left is what is
there. He said the goal is to utilize as much as possible in the retaining walls and the interior,
and if there is any left, he would try to use it in a veneer or on the property.
Peterson said it would be a bigger stone than is seen with the veneer sample. Cochran
confirmed this. He said there will be some small like that, but most of them will be bigger
pieces.
Durham asked if the guidelines require the use of historically accurate, archaic materials in new
construction. Peterson said the guidelines for new construction do not recommend using a
veneer, and do not allow a synthetic masonry, for the purpose of maintaining standards of
quality.
Miklo said it may be that when the guidelines were written, this product was not in use or had
not been presented. He said it does seem to be a little higher quality than what was seen in the
past in terms of substitute stone materials. Miklo said if the Commission is comfortable with
this, there is an avenue to approve it, in that an exception could be based on trying to match the
historic color and texture of the barn foundation.
Swaim said it is a big component of this. She said there is a lot of stone that will be visible.
Michaud asked if there is a need or requirement to replicate this. Miklo said there is not and
said in fact the owners could use a smooth, concrete foundation or a slightly textured
foundation. Michaud said the more discordant element to her is the boat -like appearance of this
house design.
Thomann said the guidelines state the new house must be compatible with the landmark
farmstead. She stated that the whole project, to her, doesn't really look in character.
Miklo said there is a park to the south of this property. He said that is important to remember,
because the historic views of the property will remain open.
Thomann said that if one puts new buildings on a farm and wants them to look old, one really
has to go with an old look. She said that to her, this looks very modern in general. Thomann
said she appreciates the stone and the materials the owner wants to use. She asked if it
matters if the building looks accurate, because there is a prairie park there and development to
the other direction. Thomann said she feels that in a few years, this will not look accurate at all.
Miklo said he has seen many examples of houses that were modeled after barns, and they have
more of a barn shape to them. He stated that the applicants came to staff fairly late in their
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 11 of 18
design of this house. Miklo said the staff goal was to take the design the owners already had
and try to do the best possible without having them redesign the entire thing.
Miklo said that ideally, the owners would have come to staff at the beginning of the project, and
they could have explored something that was more appropriate to a barn in scale. He said staff
is therefore working with what was presented. Miklo said staff felt that the elevation that is
visible from the historic house is important, and it should be simple and have as much of an
agricultural appearance as possible.
Miklo said the elevation visible coming up from the driveway is also important. He said the
eastern part will really only be visible from within the property itself.
Corcoran asked about the doors on the north. Cochran replied that those are garage doors for
a four -car garage stacked two on two.
Michaud asked about the angle of the roof on each end and if that was meant to tie in with
anything. Cochran responded that it is a typical design of many barns to have an overhang for
the hay rack and a variety of different things. He said that primarily there is an overhang on the
south and west in order to block the heat and sun a little bit.
Thomann said the dovetails were actually on the building for lifting hay into the buildings. She
said the angle of that does not look like a dovetail to her.
Miklo said that if the Commission has serious concerns about the overall design and wanted to
defer this, a special meeting could be scheduled. He said otherwise, it could be approved with
the condition that the details are to be worked out as discussed in the staff report.
Kline, the owner of the house at 2460 South Gilbert Street, said he has been working with the
Cochrans regarding preserving the character of this property. He said that no one is more at
risk from a bad design than he and his wife, since they are the only ones who live there.
Kline said that from his house, this new construction is going to fade into a hollow. He said he
will see more of the roofline than anything else, and that only in the winter. Kline said that when
one looks at that view from the road, the stone face will be seen, but the house is really set
down behind there into the hollow. He said that from his property, the softball fields and City
maintenance buildings are much more visible than this is going to be.
Kline said that if one is really concerned with the historic appropriateness of the building, it
should be from his view, not from people driving up and down Sand Road. He said that
although this is not a 19th century barn in any way, this really does have elements. Kline said
that from what he has read about historic preservation, it is important to preserve elements.
Kline said the goal is not to make it a pretend 1860s building but to make it consonant with the
area. He said that with the utilization of the existing materials, with the stone, and with the
milled timbers, there are a lot of elements that are to be applauded in the design.
Regarding the surrounding properties, Miklo said this is one of the original farms of Iowa City,
and the whole property is a landmark. He agreed that there are modern properties that are
going to be visible from this, but this project deals with this landmark property, so it should be
the Commission's concern as to what happens on this property and how it is viewed from the
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 12 of 18
roadway. Miklo suggested the Commission consider all the issues and then maybe come back
to make some decisions.
Peterson stated, regarding the board and batten siding, that the packet contains three different
products that were submitted with the application. She said the first two are metal, and the last
one is fiber cement board with the batten design. Peterson said that because the Commission
has approved fiber cement board in the past, it is her recommendation to go with that.
Crosby said they would either use the fiber cement siding with the vertical batten or a
Breckenridge wood /plywood product that is a rough -sawn product that emulates the look of the
old barn boards with the batten.
Peterson said this historic property will have the new garage, which is a substantial structure,
and this building, both with similar siding material. Miklo said if that is acceptable, it would not
need to be discussed any further. Cochran said that is acceptable.
Regarding the trim, Crosby said the trim would be wood if the siding is wood, and if it is fiber
cement board would be Azec, or vinyl, manmade product. He said that when it is painted, one
will not be able to tell if it is vinyl or wood.
Swaim said vinyl is disallowed. Crosby said that they would use wood then. Swaim said that
metal -clad wood is allowed for windows.
Regarding the windows, Peterson said staff has not researched this Andersen product. Crosby
said it is a vinyl -clad window and therefore probably does not meet the guidelines. He said they
would therefore use a metal -clad window. Peterson said there are many options that would be
acceptable, and Crosby agreed.
Swaim said the Commission will need to decide whether it would make an exception for the use
of the stone veneer.
Thomann said that she finds the material acceptable but has some issues with the broad
picture. She said that because this is an historic landmark and is a piece of history, the
Commission really needs to consider that. Thomann stated that farmers now really aren't in
existence anymore; the business is mostly corporate. She said the old farmsteads are being
torn down, and it is very rare to be able to go see what a real farm looked like back in the day.
Thomann said she likes the idea of having a nice transition into what is there now. She said she
just wants to find out what fellow Commission members think about the design, as it is not a
piece of what that farm looked like.
Ackerson asked if it is a charge to recreate a living history farm. He said we have those.
Thomann said that we had to build them, because we don't have the real thing anymore.
Michaud said the owners are not restoring or repurposing a barn but are just utilizing some of
the materials. She said it isn't a restoration but is hopefully a compatible and agreeable design
to the people who are careful with their current, historic house. Michaud said it would be nice to
have a recreated barn there and make it into a house, but she did not believe the Commission
can require that.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 13 of 18
Baldridge said that the house that is now being restored is not what was there when Clark
started the farm in 1837. He said it is a much later incarnation.
Durham said it is sort of a basic question of authenticity. He said that in a contemporary
construction we have references. Ackerson said that even if there is some replication of that
original house, the one connection would be the money that it cost to build it. He said he is
more comfortable with what is proposed here than he would be with trying to recreate the
project.
Thomann said she appreciates the fact that the owners could put in a cement foundation and be
done, but instead they are really thinking about the elements.
Peterson said it is good that the building is being sited in the same location as the barn. She
said that putting it right where the barn was seems appropriate.
Swaim asked if there is anything that could be tweaked about the piers under the deck.
Cochran said that won't be seen; one would have to be in the prairie at the fence line to see it.
He said it looks south into the hillside. Miklo said the Commission looks at all four sides of the
house, although there would be a little more latitude on the back. Cochran said these are
actually limestone blocks, but he could use timbers that go all the way to the ground.
Peterson said perhaps the deck could be pulled back in closer, not projecting out as far, but
could be wider as it wraps around,. Crosby said that extension from point to point is planned to
be somewhere between 12 and 14 feet. He said it is about an average -size deck. Peterson
said that there could be more of the stone walls to make it seem more grounded.
Crosby asked how much of the land involved here was in the McCollister Farmstead that was
put on the National Register. Miklo said it is the entire ten acres.
Cochran said that when he originally bought the property, he was told that he could subdivide.
He said he subdivided it to six and four acres, and it is zoned RS -5. Cochran said that he could
put whatever amount of lots he wanted out there.
Ackerson asked why the Commission is involved in this at all. Miklo said it is because the entire
property is a landmark property. Durham asked if that means there are requirements that go on
to successive landowners. Miklo confirmed this.
Cochran said his option is to take his parcel and try to get it off the National Register. He said
the property was divided because it was too big for one person to manage with that huge of a
house.
Cochran said that if one reads it, it specifically says it should be on the National Register
because it was the first farmstead, although there is really no farming that can be utilized today,
and because of the barn and the smokehouse. He said he never saw the smokehouse and
could not salvage the barn. Cochran referred to the properties abutting his land, including the
Southgate property and the City property.
Cochran said the only real historic building is now the old house. He asked if the rest of the site
is any more historical than the Southgate property or the City's prairie.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 14 of 18
Peterson said this is a cultural landscape; it is not just the building. Miklo said that originally, all
of the outbuildings associated with the working farm are located on this piece. He said it is
important from an historical perspective to be good stewards of the entire property, not just the
portion that is left with the house.
Cochran said that was a pasture and a lot in the old days — the old property that wraps around.
He said there were three additional houses on the property, but they are no longer there.
Swaim said it is a good point that this is an historic site; it is not necessarily just the structures
that were or were not there. She added that there are many examples of land on the National
Register without a structure.
Swaim said whether there is more development around the property or not is not a good reason
to her to depart from respecting the historic nature of the land. Durham said they have already
torn down the barn, and the rest of the structures are all gone. He said he is not inclined to start
arguing about the architectural details of the structure.
Michaud said that if Southgate owns the land to the east of this property, then the people on the
east will be looking at what is considered the back of the house now and will think that is
somewhat historically accurate. She said that then it really emphasizes the problem with the
triangle protrusion and glass that would not happen historically.
Peterson said the glass, and the deck, would be facing mostly to the south. She showed the
outline of the house and where the deck would be.
Corcoran asked if the deck will be seen by someone driving by on Sand Road or only by
someone going up that lane. Peterson said it is at least 12 or 14 feet up in the air.
Cochran said there is a foundation there from another house that Shower built originally. He
said the property continues to evolve and is not like it was in 1865.
Peterson said the topography drops as one goes down the lane. Durham said it looks like the
new house is going to be entirely below the level of the old McCollister house. He said that if
one looks straight out from the McCollister house, one will be looking over the roof of the new
house. Peterson agreed that compared to the barn, it is a lot lower.
Thomann said that in essence, the Commission is being asked if it will preserve the landmark to
what it is now at the ten acres or if it will let go of those six acres and let that part look modern
and have the other part be what it once was. Miklo said the Commission is really to look at the
whole property. He said no one would expect a reproduction of the barn that was there and
putting a house into that reproduction.
Miklo stated that there is a way to design a house that has more of the essence of a barn in this
location that would function as a modern house. He said staffs greatest concern was the view
from the historic house looking south. Miklo said staff feels this is a reasonable approach,
although there could be a better design.
Miklo said if the Commission has concerns, this item could be deferred so that the issues could
be worked through. He added that if the Commission is comfortable with the general direction
of this, staff would recommend approval with those conditions regarding materials.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 15 of 18
Regarding the development to the east, Miklo said that is over the ridge, so even when that
subdivision to the east is approved, it won't be noticed. He said one will see this view with
whatever is built here. Miklo said there is some real merit in being careful about what goes on
this site because of the condition of the farm and the properties on either side of it.
Baldridge said this structure is not a replica of the original barn, and that is why he feels the
applicant should receive more latitude.
Corcoran asked the applicant if there was some reason he put off going to the City, since he
knew the significance and history of the site. Cochran said he thought, knowing the history of
the property, that its original intent was to be subdivided. He said as many as eight lots were
originally approved. Cochran said he has drawings from six years ago, when the original
concept was to build a barn -type fagade but even further down. He said there were to be
condos above and buildings below where people could sell their wares, with seven lots behind.
Cochran said he felt that the view is the drive up that lane. He said that instead of saying he
was going to build whatever he wanted to build right down below and block Kline's view and just
take it out of its history, there was always something up there. Cochran said they tried to
address that and the fagade on the front and the lower level. He said he thought his design
would be applauded, but he felt he had the right to make multiple choices.
Miklo said that in those conversations with the idea of a seven -lot subdivision, it was made clear
that any building on the site would have to go through historic preservation design review.
Cochran said he agreed that the design factors would probably be extensive. He said he felt
moving from that scale to this scale would be more acceptable. Cochran said he did not have to
come with a barn; that was not a requirement.
Swaim said the level of discussion and the amount of time the Commission is giving this shows
how much it matters. Cochran said he has also spent a lot of time on this.
Corcoran asked who would have approved a subdivision on this property. Miklo answered that
the Planning and Zoning Commission would have had to approve the subdivision, and any
building constructed within that subdivision would have to be approved by the Historic
Preservation Commission. He said there were proposals and concept plans at staff level, but
the proposal never made it to the Planning and Zoning Commission. Miklo said that the farthest
this project ever got was to be divided into two portions: one of six acres and one of four acres.
Corcoran said that is the legal decision that is important, because that is what has the
ramifications for what happens for the other part of the property. Miklo said that is correct.
Regarding the deck, Corcoran said that is the one thing that bothers her. She said that although
it may not be seen from the street, in just looking at the design, she sees that end and sees that
thing sticking out and thinks that it kind of looks like an A- frame.
Miklo said that if a majority is comfortable with the general design, it could be approved with the
exception of the deck, which could come back at a later meeting. He said the applicants are
anxious to get the house under way so that could get started in the meantime. Miklo said then
the deck design could come back at a later meeting, or it could be turned over to the chair and
the staff to be worked out.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 16 of 18
MOTION: Corcoran moved to approve a certificate of appropriateness for the project at
2530 South Gilbert Street with regard to the stone facing of the retaining wall and house
to allow a special exception. She said the Commission finds it appropriate to waive the
guidelines because the owners are trying to match the original stone from the foundation
of the barn through the use of the concrete veneer product so that the look, color, and
texture of the barn foundation can be recreated. Ackerson seconded the motion. The
motion carried on a vote of 9 -0 (McMahon and Wagner absent).
MOTION: Ackerson moved to approve a certificate of appropriateness for the project at
2530 South Gilbert Street as presented in the application with the following conditions:
the board and batten siding to be fiber cement board or wood siding, with shaped
battens; windows to be wood or metal -clad wood; provide product literature for exterior
doors; trim boards to be wood or fiber cement board; confirm material and finish for
deck railings; and provide above information for review and approval by chair and staff.
Baldridge seconded the motion. The motion carried on a vote of 9 -0 (McMahon and
Wagner absent).
MOTION: Baker moved that the final design of the deck and posts for the application for
a certificate of appropriateness for 2530 South Gilbert Street be reviewed by chair and
staff. Corcoran seconded the motion. The motion carried on a vote of 9 -0 (McMahon and
Wagner absent).
Swaim thanked the applicant for taking on this huge project. She said it is a very complicated
and worthy undertaking.
REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF:
Peterson said there were three certificates of no material effect; there was one intermediate
review, and there were no minor reviews.
REPORT ON BRICK SIDEWALKS:
Miklo said that at the City Council meeting a few weeks ago, the Public Works Director
presented the issue of the brick sidewalks. He said that the Commission had recommended
that some effort be made to preserve them and sought some City funding for that.
Miklo said the City Council wanted some evidence of neighborhood support of retaining and
restoring the brick sidewalks and suggested that a PIN grant be applied for. He said that the
PIN grant application has to come through the neighborhood association itself.
Miklo said that Ackerson volunteered to write a PIN grant application, which was being
considered by the neighborhood association. Miklo said the idea is that for the sidewalk that is
in the worst condition, the neighborhood would seek a PIN grant to pay for the difference
between the owners replacing it with concrete and what it would cost to restore the brick
sidewalk.
Miklo said the goal is that in future years, the City would apply for future grants, look for other
sources, or leave the sidewalks as is. He said the one sidewalk on the west side of the street is
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 17 of 18
in very poor condition and may carry some liability issues. Miklo said the other sidewalks are a
little more serviceable.
Miklo said there will be a City Council meeting on May 10 at which a neighborhood
representative will need to be in attendance to represent the case. Thomann said she would be
willing to represent both the neighborhood and the Commission with that application.
Swaim thanked Ackerson and Thomann for helping with this project.
REVIEW NATIONAL REGISTER NOMINATION OF BOWERY GROCERY STORE, 518 EAST
BOWERY STREET:
Swaim said the nomination has been revised very slightly. She said the property will be called
the Bowery Grocery Store. Swaim said the criteria are still to be determined with the State
Review Committee.
Peterson said staff will fill out the CLG National Register review form.
CONSIDERATION OF MINUTES FOR APRIL 11, 2013 HISTORIC PRESERVATION
COMMISSION MEETING:
MOTION: Corcoran moved to approve the minutes of the Historic Preservation
Commission's April 11, 2013 meeting, as written. Baldridge seconded the motion. The
motion carried on a vote of 9 -0 (McMahon and Wagner absent).
Miklo stated that there will be a statewide preservation conference in Burlington on August 22-
24th. He said the City would reimburse some of the travel expenses and registration fees and
such for two or three Commission members to attend.
Swaim said that Thomann will be resigning her position on the Commission. Swaim thanked
her for her service.
Miklo said there will be a lecture on May 16 at the State Historical Society Office. Swaim said
they are doing a statewide survey of existing movie theaters in Iowa.
ADJOURNMENT:
The meeting was adjourned at 7:06 p.m.
Minutes submitted by Anne Schulte
z
O
Fn
N
O
L) O
z V
� w M
r
O
> U N
Z
r
N G N
W z
W
a
v a
oc
0
U)
O
0
z
0
Q
w
00
M~
UM`"
0
ON ti
C;
x�a
U =
W y
y y CC
aQaz°
n u u u
XOW
O
I
X
X
X
X
X
X
LU
x
x
x
LU
p
O
X
X
X
X
X
X
X
X
p
O
X
X
X
i
i
X
X
X
X
X
X
M
M
X
X
X
I
I
X
X
X
X
X
Z
x
X
x
i
I
x
O
O
O
O
x
N
X
X
X
1
i
X
X
X
x
X
T
M
N
X
X
X
I
t
X
X
X
p
X
T
x
x
x
I
I
x
o
x
x
x
x
T
c
x
x
x
I
I
x
o
x
x
x
x
T
X
x
x
I
I
X
X
x
O
O
Os
M
X
X
x
I
I
X
X
X
p
x
x
0
i
I
X
x
x
X
X
co
N
x
X
0
I
I
x
0
X
O
O
x
X
X
X
i
I
X
X
X
x
tG
0
0
X
X
i
t
_0
X
X
0
X
co
-
v
r
LO
—
co
T
co
—
v
-
v
—
0
—
0
-
v
—
�n
r
d
m
CD
CD
W W
N
N
N
N
N
N
N
N
N
N
N
H
C7
co
M
M
M
co
C7
M
M
C7
M
Q
w
W
Q
Z
W
9
a
J
z
z
Y
H
Y
O
a
Q
q
=
z
°
W
z
cn
z
z
c
LL
a
W
Q
N
W
9
2
Q
o
Q
Z
°
W
O
=
Z
O
x
Q
=
Z
Y
m
U =
W y
y y CC
aQaz°
n u u u
XOW
O
I
2b(7)
MINUTES APPROVED
HISTORIC PRESERVATION COMMISSION
JUNE 13, 2013
EMMA HARVAT HALL
MEMBERS PRESENT: Esther Baker, Frank Durham, Andrew Litton, Pam Michaud,
Ginalie Swaim, Dana Thomann, Frank Wagner
MEMBERS ABSENT: Kent Ackerson, Thomas Baldridge, Kate Corcoran, David
McMahon
STAFF PRESENT: Chery Peterson, Bob Miklo
OTHERS PRESENT: Tony Colby, Joe Coulter, Laurie Cummins, Jim Harris, Bob
Lehman, Steve Tannen
RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action)
None.
CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:15 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
Coulter said he provided staff with materials pertaining to the gateway project that is being
developed by the City. He said he is concerned about the raising of North Dubuque Street from
ten to fifteen feet from approximately Foster Road to Park Road Bridge.
Coulter said he lives on North Dubuque Street in the Jacobson - Coulter House, which is a house
that is eligible for the National Register as stated in the material he provided to staff. He said he
sees the Dubuque Gateway Project as seriously compromising the historical integrity of the
neighborhood, including his property and his neighbors in Ball Heights, Bella Vista, across Taft
Speedway, Idyllwild, and the surrounding area.
Coulter said this area includes a number of very significant houses, such as the Englert-Ball-
Panell House that would be affected because the intersection of North Dubuque Street and
Ridge Road would be eliminated and a new cut - across from the elevated Dubuque Street would
cross his property on the south end and connect with Ridge Road. He said there are a number
of aesthetic, safety, environmental and flood mitigation issues that the project has, and he has
formally asked that the Commission allow him at a future meeting to present more of his
concerns.
Coulter asked the Commission to conduct a thorough and complete study of the potential
impacts of the Gateway Project. He asked the Commission to rescind its previous approval of
the Gateway Project. Coulter said he would like to see recommendations developed for the City
Council, the Iowa Department of Transportation, and other relevant governmental bodies with a
report that accurately describes the impacts of the Gateway Project on the City's historic
properties.
Harris said, regarding Project Gateway, that he has lived in the area for 20 years, and there has
always been a clear view of the Iowa River from Bella Vista Place. He asked, if Project
HISTORIC PRESERVATION COMMISSION
June 13, 2013
Page 2 of 12
Gateway elevates Dubuque Street by 15 feet or more, will that elevation block off the view of the
Iowa River and, if so, is it not a part of historic preservation.
Harris said Bella Vista was created 100 or so years ago. Harris asked if his question was
answered previously, and was there a three -D model or any sort of comprehensive diagraming
to show that such a thing would not occur.
Colby submitted a letter to the Commission and read excerpts. He said he has been in Iowa
City for many years and discussed his positions and history with the City.
Colby said that last week he received a form letter, explaining that he lives in an historic district,
and should he contemplate changes to his home, he is obligated to receive approval from the
Commission. He said he read this with some anger and sadness; the ironies are bitter.
Colby stated that last August, the Historic Preservation Commission approved the City's
proposed Gateway Project, stating that it would not adversely affect the Brown Street Historic
District. He said that although it is central to the district, no one from Bella Vista had been told
of the meeting, no one from Bella Vista attended, and no one from Bella Vista was told of the
outcome.
Colby said the Gateway Project as presently configured will have a devastating impact on Bella
Vista. He said the bridge will be elevated twelve feet above its present height. Colby stated
that to accommodate this, Dubuque Street will be elevated twelve feet at the south end of Bella
Vista. He said this will continue at a similar elevation to the corner of Dubuque Street and
Kimball Road.
Colby said Kimball Road will be elevated to an equal height. He said that Dubuque Street and
Kimball Road will essentially form a levee that will affect the entire watershed to the east, which
is the Bella Vista Bluff. Colby said that 60 to 80% of the prime, first growth trees will be
destroyed in the target area. He said these are the barrier trees that stand tall on the lower
portion of the bluff. Colby said that without these trees the bluff will be subject to erosion, as it
will not have a root system to hold it in place.
Colby said that noise levels will be intolerable because of the elevation of the street and also
because of the greatly increased foot traffic on the expanded walkway. He said that at the
present time, all foot traffic to the Mayflower buildings occurs on the west side of Dubuque
Street.
Colby stated that first growth trees will be sacrificed. He said that these trees are a visual buffer
that one sees while driving into the City from the north. Colby said they are a source of beauty
for all Iowa Citians.
Colby referred to the letter that asks residents of an historic district to notify the City of even a
slight change in their homes. He said that when the process is reversed, when outside forces
challenge the neighborhood, the residents are left in the cold.
Colby asked what would happen if the neighbors, as a group, petitioned the Commission to
destroy one hundred trees so that they could have a better view of the new Hancher. He said
the neighbors would be told cutting down the trees is madness, and their sanity would be
HISTORIC PRESERVATION COMMISSION
June 13, 2013
Page 3 of 12
questioned. Colby said that now that the City wants to cut down those trees, apparently it
makes perfect sense.
Colby said residents are witnessing the third worst flood in Iowa City history. He said that in
spite of that, water is flowing nicely beneath the bridge; it has not acted as a dam. Colby said
that a relatively small portion of Dubuque Street is under water. He said that a modest levee
would have kept Dubuque Street dry. Colby said there are solutions that will mitigate against
flood damage, allow a flow of traffic, and preserve the historic nature of Bella Vista and the
Dubuque Street corridor.
Colby said the current plan is far too radical for this City and is wasteful and unnecessary. He
said the Gateway Project as presently conceived will have a major if not lethal impact on Bella
Vista. Colby said a truly historic entity will be lost.
Colby said that when the trees have been sacrificed and traffic has been elevated to a level of
the yards, the current owners will be gone. He said those who buy the properties at bargain
prices will not care about historic preservation; there won't be any history to be preserved.
Colby said it is not too late to prevent what many feel is a terrible mistake. He asked that the
Commission revisit the matter of the Gateway Project to study how it might affect this historic
portion of Iowa City.
Colby said that preservation is a two -way street. He asked the Commission members to come
and walk with residents on the heights and down below, where vulnerable trees have been
tagged with yellow ribbons. Colby said the residents are ready at a moment's notice to
accommodate anyone who would like to get an in -depth understanding of the current realities.
Colby asked that the Commission contact the State Historic Preservation Commission, as well
as the City Council, to help protect not only Bella Vista but all the historic properties in the
Dubuque Street corridor. He provided his contact information for any who care to visit.
Tannen said he moved here just over a year ago. He said he and his family are traveling
musicians who have been to hundreds of cities across the country.
Tannen said they chose to live in Iowa City, in many respects, because of the Commission and
the way the Commission has uniquely preserved the City. He said there are very few places
like this in the world. Tannen said they are concerned that this project is a little hasty and has
not been properly studied in the context of the historical impact it is going to have.
Tannen said he agreed with all of Colby's points. He said the entrance to Iowa City on Dubuque
Street is gorgeous and is one of the things they would visit every time they came through.
Tannen asked the Commission to consider revisiting the issue. He invited the Commission to
walk around to see what the residents are talking about. Tannen said this is the history that the
Commission members are volunteering their time to preserve.
Cummins said that she and her husband grew up in Iowa City but have lived in Italy,
Switzerland, and Belgium. She said they chose to come back here and live their lives in the
Milton - Remley house — the pink house at the end of Bella Vista.
HISTORIC PRESERVATION COMMISSION
June 13, 2013
Page 4 of 12
Cummins said they would really like to see the beauty of the area preserved. She said that is
what drew them here and said that everything the speakers before her stated applies to why
they came here and why they want to stay. Cummins asked that some careful reconsideration
be given to this decision.
Swaim asked Miklo, since the Commission has some new members, if he could review the
process the Commission went through when considering this issue last August.
Miklo said he could not go into too much detail on the issue at this point, because it is not on the
agenda. He said the Gateway Project involves rebuilding the Park Road Bridge and elevating
Dubuque Street.
Miklo said the project is being put forward by the City, and there was a process during which a
consulting engineer presented various scenarios and proposals, held public meetings, held
open houses, and may have held a public hearing at some point. Miklo said that as part of that
process, the Commission was asked to comment on the effect on historic properties after the
August presentation.
With regard to discussing this any further, Miklo said this should be an item on the
Commission's agenda, with the City Engineer involved in the discussion. He said staff could put
this on the agenda for one of the next two Commission meetings.
Tannen said he believes that the City Council is voting on this next week. He said the
Commission's recommendation has already been passed on to the State. Tannen said they
have contacted the State Historical Society to look into this, and they said they would. He said
he would ask that the Commission at least talk to the City Council if it is willing to reconsider, to
let the City Council know that the Commission will look at this again. Tannen said that might
give the City Council the opportunity to put this off temporarily.
Durham asked how the Commission interacts with other government agencies to administer any
decision. Miklo stated that this is not something for which the Commission would necessarily
make a recommendation to the City Council. He added that the Commission could not take any
action on this tonight, because it cannot vote on something that was not put on the agenda 24
hours in advance.
Regarding what is on the City Council agenda for next week, Miklo was unsure but said he did
not think they are approving the project at this time. He said the Commission could hold a
special meeting on Monday to make a comment to the City Council.
Tannen said it was his understanding that the State's actions are based on the Commission's
recommendation to approve this project.
Michaud said she thinks this is a legitimate request. She said that one of the reasons the
Commission members voted to approve this is because the Commission was told that the
neighbors had been informed all along of the proposal. Michaud said apparently the neighbors
were not informed; there was no group meeting, and the residents were told in the beginning
that Dubuque Street would be raised two or three feet.
Miklo said that is why the Commission cannot hold much of a discussion about this without the
City Engineer, who knows the other side of the story. Michaud stated that if there has been
HISTORIC PRESERVATION COMMISSION
June 13, 2013
Page 5 of 12
some misrepresentation, it does need to be resolved. Miklo said the Commission could hold a
special meeting, or this could be on the July or August agenda. He stated that there is no action
legally that the Commission can take at this meeting, because the item is not on the agenda.
Swaim asked Miklo if he could check to see where this item is on the City Council's agenda, to
make sure it is not coming up before the Commission has time to review this. Miklo confirmed
this.
Cummins said she believes that what is happening is that at the next City Council meeting on
the 18th, before the actual City Council meeting, the engineers are presenting their
recommendation. She said that the City Council then has until a meeting in July, possibly the
23`d, to vote on that recommendation. Tannen asked about the County involvement. Durham
asked if the State Department of Transportation is involved in this.
Coulter said the Commission is empowered to call a special meeting as early as next week to
discuss this with the people involved in this neighborhood. He said that, given the time frame,
something like that would be in order. Coulter asked the Commission to seriously consider
having an emergency meeting that is well publicized to the community so everyone who wants
to can speak and discuss this issue.
Swaim thanked the residents for bringing this to the Commission's attention and asked them to
provide their contact information.
CERTIFICATES OF APPROPRIATENESS:
Trinitv Episcopal Church, 320 East College Street.
Peterson said this church is on the corner of College and Gilbert Streets. She said the
proposed project is for exterior lighting on the north side, which is visible from Gilbert Street.
Peterson showed the window in question and said the project is to install exterior lighting affixed
to the building that would shine in and illuminate the stained glass for evening services. She
said the proposal is for custom, steel tubing that supports light fixtures, as shown in the packet.
Peterson said that more information was provided by the applicant after the packets were sent
out, and she said the applicant is present to describe the additional information. She said staff's
recommendation is to approve the lighting, as it is something that existed at this window in the
past. Peterson added that staff is not comfortable with the design and would like to work with
the applicant on that.
Lehman stated that he is a member of Trinity Episcopal Church and serves on the buildings and
grounds committee. He said he was tasked with soliciting bids and following through on the
project.
Lehman said that one of the bidders told him that if the church put a light on the ground shining
in the window, it would violate code requirements for shielded light. He said that a light on the
ground would be quite a bit further away so that one would need a larger amount of light.
Lehman said he was told that the optimum would be to put a very narrow beamed light on the
building across the alley to focus on the window, but that is not possible.
HISTORIC PRESERVATION COMMISSION
June 13, 2013
Page 6 of 12
Lehman said the handout he submitted has a photograph showing approximately what the lights
might look like. He said there would be a custom bracket made with one -inch steel tube.
Lehman said these would be C- shaped brackets — one on each side of the window, each
holding two lights. He said the lights would be directed at the window at an angle.
Lehman said the drawings on the front of the handout show what was there before, which was a
frame outside the window with lights pointing straight into the window. He said they now want to
be off at a side angle, so that the lights are not necessarily visible from the inside, kind of
simulating daylight.
Peterson asked if the previous design had hot spots of light. Lehman confirmed this. He said
there were six bright lights on the window, and that is the reason it was taken down, to try
something that would be better.
Peterson said that the objective is to get more even lighting. She said the one thing to consider
would be if, instead of on the sides, which is quite conspicuous, if it could be something along
the bottom that shines up.
Lehman said that two of the proposals received were for lights above the window. He said that
what happens then is the top of the window will be bright and the bottom will be dimmer.
Lehman said it is hard to get an even wash of light across the window. He said that is why they
selected the design that had the four lights as evenly spaced as possible on the periphery of the
window.
Lehman said that if the lights are placed on the bottom, the bottom of the window will be
brighter. He said that is going to look unnatural; it is not going to look like daylight when the top
of the window is darker than the bottom of the window.
Swaim asked Lehman why the four lights as proposed would not look like hot spots as well.
Lehman said that if one stands off to the side of the window inside, one would see the lights
directly. He said that for most of the congregation, the lights will not show directly. Lehman
said they would not know the exact positioning until there is a light fixture to try. He said the
lights are not in stock locally, so they would have to be ordered.
Lehman said they would have to experiment with the actual placement. He said the frames will
be about two feet out from the window, and the frames would probably be about six feet tall and
then spaced approximately as in the photograph on the second page of the handout.
Michaud asked if the window involved faces the alley. Lehman confirmed this. He said it is
visible as one comes down Gilbert Street looking across the alley.
Michaud asked Lehman if he could put a pole on the alley to have something that would more
replicate a natural light. Lehman said another possibility might be to put it on the section of the
building to the west, the 1948 addition, which he does not believe is part of the historic structure.
He said that instead of an LED flood light, there would probably be something with a high -
powered bulb and some optics that would produce a narrow beam of light. Lehman said that
was not proposed by anyone they talked to, and he was unsure what the cost of that would be.
Durham asked if Lehman had worked with LED lights and had seen how diffuse they are.
Lehman said the lights proposed by all three contractors are not in stock locally, so until they
HISTORIC PRESERVATION COMMISSION
June 13, 2013
Page 7 of 12
are special ordered and arrive, there won't be a chance to test them. He said that some of the
data was looked at as to the diffusion of the light, but it is kind of hard to tell. Lehman said that
at one point they put up a temporary light with four 150 -watt, par -38 floodlights. He said it made
the window more noticeable at night but was not sufficient. Lehman said that was 6,000 to
7,000 lumens of lights, and they are proposing 10,000 lumens.
Swaim said this is sort of on the back of the church, and it is a stunning window. She asked if
this could be on posts in the ground, as far back as possible, and then have posts camouflaged
with shrubbery or something. Lehman said that then it would be shooting up again. He said
there will not be natural light unless there is a 40 -foot pole out there on the alley, which is not
optimum either.
Lehman said that if they will not be allowed to put the lights on the historic structure, they might
have to put them on the end of the parish hall to the west, above the door. He said there are
plans to change that part of the building. Lehman said there is an old fire escape, and that area
up there is no longer used. Lehman stated that a single light could be put up there at an angle,
but there would be a lot less efficiency that way, because a lot more light would have to be
projected and a lot more would be washed on the outside of the building rather than passing
through the window.
Peterson said the code requirements also require a fixture over 2,000 lumens to be shielded.
She said it cannot shine above the horizontal. Lehman said that the proposed lights are almost
2,500 lumens each. He assumed that mounted on the frames as proposed, they would not only
come in horizontally but would probably be mounted high enough that they would come in at a
bit of a down angle.
Durham asked when the church will have a chance to test out the lights. Lehman said they
would have to have approval for the project before they would pay $500 per light to order them.
He said they may be able to get something at a lesser cost right now, but the highest bidder had
told him that his bid was high because of the fabrication of the frame and the lights that are
$500 each.
Thomann asked if there are any other churches in the area that have done something like this.
She added that Saint Mary's in Riverside has done something like this, although they might not
be under any restrictions.
Swaim said there might also be information in the technical literature from national historic
resources about how to effectively light something like this. Lehman said he would be
interested in a reference tool like that. He said it may be more common to have lights inside to
make the window visible to the outside, but the church's window is on the back of the building.
Durham asked if one could construct a grill to match the rectangular shape of the panes, and
mount the lights to the grill. Lehman said he did not think one would want lights in front of the
window, and that is why they are trying to get off to the side. He said that otherwise there will
be a hot spot of light, as shown on the drawing of the 1970 installation. Lehman said it was ugly
from the inside and the outside.
Peterson said she is not convinced that what has been proposed is stable enough, without
cross bracing. She said that perhaps if it did somehow work with the mullion pattern it might be
an acceptable solution.
HISTORIC PRESERVATION COMMISSION
June 13, 2013
Page 8 of 12
Lehman said he thinks they will end up with brackets and then maybe a leg top and bottom. He
said that instead of just a straight bracket, the top and bottom would have an angled brace out
to the side. Lehman said that with one -inch tubing painted the same color as the building, it will
be nearly invisible from the street.
Michaud said that a number of years ago, the Commission approved lighting for Economy
Advertising. She said the project ended up with gooseneck lighting to illuminate their sign. They
used black gooseneck conduit.
Lehman said that was one of the proposals — for a single light. He said that type of light is best
for illuminating something on a wall. Lehman said that is the equivalent of a 60 -watt bulb, and it
is not going to be visible from the inside.
Michaud asked if the LEDs will be full spectrum. She said they seem like very white light.
Lehman said he believes there are two color temperatures available in the LED fixtures: one
was very white, and the other was warmer. He said he wishes they could go to City Electric and
test it out. Lehman said he is uneasy about that aspect of it.
Michaud said that LEDs that are just glaring white can be pretty nasty. She said that a softer
one would have a better effect.
Swaim asked if this light is something that would be on every evening. Lehman replied that it
would be on probably every Tuesday morning for the early service and probably be turned on
on cloudy days. He said there is a 5:30 Wednesday service for which they would probably turn
the light on in the winter. Lehman said that at Christmas and Easter and other special
occasions they might turn it on, but it would not be on most evenings.
Peterson said staff's recommendation is to approve this. She said the lighting is a good idea,
but staff just wants to make sure they are involved in how this is placed. Peterson suggested
the Commission could approve this so that the church could purchase the lighting and still have
the Commission involved in the final installation.
Lehman said that seems to be a reasonable approach. He said there is a risk that if they buy
the lights and the Commission decides it does not like the look of them at all, then the church
will have $2,000 worth of unusable lights.
Mikio responded that it could be worded such that the light installation is approved subject to the
actual final position being approved by the Commission. He said the thought would be that the
lighting first be tried from below so that it is less obvious.
Lehman asked if it would not be some kind of violation to have lighting on the ground, as he was
told by one of the electrical contractors. Miklo answered that if it is over 2,000 lumens, that is
the case. He asked if it would be possible to get this just under 2,000 lumens. Lehman said
that could be done, but then more of them would probably be needed. He said also that if it is
done from the bottom, there will be uneven lighting on the window.
Miklo said it may be that brackets under the window could come out and then turn up a little,
supporting lights that shine up from the left and right sides. He said this would provide a less
detracting view of the window, because there would not be all of that grillwork and brackets on
HISTORIC PRESERVATION COMMISSION
June 13, 2013
Page 9 of 12
the sides. Lehman said that he was thinking that the brackets from the side would allow one to
see the window, versus having brackets sticking up in front of the window.
Durham said the real test is how far from the window would this have to be to diffuse the light
and avoid hot spots. Miklo said one possibility Lehman suggested was possibly mounting it on
the wall of the parish hall, which may be a better solution in terms of the overall aesthetics of the
exterior of the building. Lehman said then they would have to research a different lighting
fixture, and LEDs may or may not be appropriate. Miklo said this application could be deferred
to allow that research to occur, if that is an option.
Swaim asked Lehman if that is something he would like to explore. Lehman replied that he is
kind of at a loss where to go with this. He said he was hoping that one of the contractors might
come up with this option, but they all came up with similar proposals of something mounted near
the window.
Miklo suggested, knowing that the proposal is not an ideal solution, going back to the
contractors and asking how an alternative would work. Lehman said he could ask them to
research some sort of a projected, narrow -beam spotlight, maybe even something that could be
framed to match the window a little bit.
Baker said she imagines that other churches have had similar dilemmas, and it would be
interesting to see how they resolved them. Lehman said he has not done that kind of research.
Miklo said perhaps a little more research is necessary, and there might be some information
available from the National Trust or the State Historic Preservation Office. He said this could be
deferred until the next meeting.
Swaim said there might not be any churches doing this in this area or even in the State, but
there might be some in larger communities. Michaud said she recalls seeing a Tiffany glass
window in the Congregational Church on Clinton Street. She said she has seen it at night and
assumes it is illuminated, although there is a building right on the other side, so they don't have
to worry about appearance. She said that Saint Wenceslaus also has a big, beautiful window.
Swaim suggested contacting First Presbyterian Church in Davenport, which has done a lot of
historic work on the inside and also has Tiffany windows.
MOTION: Durham moved to defer consideration of a certificate of appropriateness for
the application for Trinity Episcopal Church, 320 East College Street. Baker seconded
the motion. The motion carried on a vote of 7 -0 (Ackerson, Baldridne, Corcoran, and
McMahon absent).
Crum - Overholt House, 726 Iowa Avenue.
Peterson said this property is on the north side of Iowa Avenue in the College Hill Conservation
District. She showed a view of the front of the house. Peterson said the proposed project is to
remove the door at the left in the photograph and replace it with a window similar to the window
on the right -hand side.
Peterson said these are original, stone lintel, full- height, brick openings. She said the one on
the right has been in- filled and cannot be an original window. Peterson said that one cannot tell
because of the storm door, but the one on the left is a very old, wood half -light door and
HISTORIC PRESERVATION COMMISSION
June 13, 2013
Page 10 of 12
transom. She said that staff has determined that the door is very much a part of the history of
this building.
Peterson said that removing the door would be a violation of the Secretary of the Interior
Standards. She said the floor plan of this house is interesting in that on the west side, where
there is this separate door, it has always been a separate part of the house. Peterson said it is
conceivable that there has been a door here for a very long time, and this part of the house was
potentially an office space or separate tenant space.
Peterson said the packet includes an engraving of this house from 1859. She said that in all
these years, the house has gone through a lot of changes, including the addition of a porch and
an enclosed entry and some changes to the roof. Peterson said this door, however, has been
there a long, long time, and staffs recommendation is to not approve the proposal to move the
door.
Peterson said this proposal is being triggered by a change in ownership and a change in use,
along with a requirement that there be an interior door from the foyer to the rental unit. She said
the applicant's thought was if the interior door is required, he would close off the exterior door
and possibly repurpose that door on the inside. Peterson said the applicant is looking for the
best way to solve his code problem of needing an interior door to this apartment.
Miklo explained that from a zoning perspective, the owner has the right to an owner - occupied,
single - family house with an accessory apartment. He said the house is no longer owner -
occupied, so according to Code, the interior has to be opened so that it functions as one unit.
Miklo said it can be rented to someone else, as a roomer, but one cannot have it as a separate,
free - standing unit, so the interior door has to be put in to make it function as one house.
MOTION: Baker moved to approve a certificate of appropriateness for the application for
the Crum - Overholt House, 726 Iowa Avenue, as presented. Litton seconded the motion.
The motion failed on a vote of 0 -7 (Ackerson. Baldridae. Corcoran and McMahon absent).
REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF:
Peterson said there was nothing outstanding in the applications. She said there was some
repair work, a new deck that met the minor review criteria, windows on a sorority that were pre -
approved items, and a project on a non - historic Brown Street property.
CONSIDERATION OF MINUTES FOR MAY 9 2013 HISTORIC PRESERVATION
COMMISSION MEETING:
MOTION: Wagner moved to approve the minutes of the Historic Preservation
Commission's May 9, 2013 meeting, as written. Thomann seconded the motion. The
motion carried on a vote of 7 -0 (Ackerson, Baldridae, Corcoran and McMahon absent).
Regarding the Dubuque Street project, Durham said he is unclear about what the Commission
is being asked to resolve and what its authority is as a Commission versus all of the other
entities that might have something to say about flood mitigation and historic preservation at the
local or state level. He asked how the Commission might address the expectations of those
who spoke at tonight's meeting or those who might fill the room when the item is placed on the
agenda. Durham asked if the Commission can solve their problem.
HISTORIC PRESERVATION COMMISSION
June 13, 2013
Page 11 of 12
Miklo said that next there will be a report from the engineer, with the presentation that was given
last year and any update to that information. He said the Commission will need to decide,
based on the information presented, if it approves.
Miklo said he feels this could go on the regular agenda, unless the Commission is expecting a
lot of other information. He said it also depends on the availability of the City Engineer, who he
will invite to the meeting.
Michaud said she thinks there has been a total lack of to -scale contextual design
representation. She said there has been a lot of study on that, and they should come up with an
elevation to see the proportional impact. Michaud said that otherwise, one cannot tell. She said
that right now, that whole bluff is covered with trees. She said all one sees is green, so one
does not see the limestone or whatever is behind it.
Michaud said that should be a requirement on these major things that are being proposed
around the City and downtown. She said there should always be a contextual design, and the
Commission should advocate for that, because it is supposed to protect core neighborhoods.
Durham asked what is done procedurally. He asked if the Commission can propose to the City
Council that this deserves more discussion and get a response from the City Council that is in
the affirmative. Durham asked if the Commission can address the Department of
Transportation or the City Engineer with concerns within the boundaries of the charge of historic
preservation and get them to hold up their agenda while the Commission addresses its own.
Miklo said he feels this will be a community decision that weighs historic preservation, Dubuque
Street, the Park Road Bridge, and the cost of alternatives. He said there was a process for that
that apparently was not to the satisfaction of the neighboring property owners, who are asking to
revisit this.
Miklo said he believes the Commission can revisit this, and that is why before there is any more
discussion, there needs to be information from the City Engineer or Project Manager who knows
both sides here, rather than speculating at this time.
Regarding the proposals that were presented, Michaud said she attended those workshops.
She said the ones she went to showed a much lower elevation. Michaud said she can imagine
that from an engineer's point of view, this is optimizing the choices.
Miklo said this is getting into more than the Commission should be considering at this time,
given that it is not on the agenda. He said it is important to have the engineers here, with the
neighbors, so the Commission can hear both points of view.
ADJOURNMENT:
The meeting was adjourned at 6:15 p.m.
Minutes submitted by Anne Schulte
z
N
_N
0
V
z
H
W
N
W
w
CL
v
oc
0
U)
O
4
O
U
z
O
W
V)
O��
Vow
N O
O r1 rl
a�
x �a
w
0
V
W
w
W
z
D
z
W
H
M
r
O
N
N
V-
O
N
M
p
_0
X
X
X
p
X
X
X
X
to
x
X
X
X
X
x
w
x
X
x
O
uj
X
X
X
X
X
X
X
X
O
O
X
X
X
I
i
X
X
X
X
X
X
M
M
X
X
X
i
I
X
-
X
X
X
X
X
X
X
i
I
X
X
N
O
O
O
O
X
x
X
i
I
X
X
X
X
X
0
r
CV)
N
x
X
X
I
i
LU
X
X
X
x
r
X
X
X
I
i
X
X
X
X
X
r
x
x
x
I
i
x
o
x
x
x
x
Q
r
X
X
X
I
i
X
X
X
O
O
O
N
X
X
x
I
I
X
X
x
X
0
co
o
x
o
I
:
x
o
x
x
x
x
N
X
X
i
i
X
X
-
X
X
X
X
I
i
X
X
X
X
m
—
v
—
—
—
—
m
W W
N
N
N
N
N
N
N
N
N
N
N
H
co
M
M
M
M
M
M
M
M
M
M
~
Q�
LU
Y
3��
W
z
z
Y
0
2
Y
Q
�
Q
a
Q
p
OQC
LL
z
Ii
p ui
w
a
Q
z
a
Z
c
N
�
Z
W
0
Q
z
S
Q
Q
W
W
=
=
Q
z
o
a
Q
m
o
U)
3
m
X
w
D
w
D y y
0-
XOo
w
Y
r —
�, .® CITY OF IOWA CITY 2b�g)
MEMORANDUM � fi
Date: July 17, 2013
To: Mayor and City Council
From: Tracy Hightshoe, Staff Member of Housing and Community Development Commission
Re: Recommendation from Housing and Community Development Commission
At their May 7, 2013 meeting the Housing and Community Development Commission made the
following recommendations to the City Council:
Drum moved to recommend that City Council approve the FY14 Annual Action Plan on May 14,
2013. Approved 7 -0.
Additional action (check one)
x No further action needed
Board or Commission is requesting Council direction
Agenda item will be prepared by staff for Council action
MINUTES APPROVED
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
MAY 7, 2013 — 6:30 PM
HELLING CONFERENCE ROOM, CITY HALL
MEMBERS PRESENT: Andrew Chappell, Cheryll Clamon, Scott Dragoo, Charles Drum,
Jim Jacobson, Christine Ralston, Rachel Zimmermann Smith
MEMBERS ABSENT: Michelle Bacon Curry, Holly Jane Hart
STAFF PRESENT: Tracy Hightshoe
OTHERS PRESENT: None
RECOMMENDATIONS TO COUNCIL:
Drum moved to recommend that City Council approve the FY14 Annual Action Plan on
May 14, 2013 with the changes staff outlined. Approved 7 -0.
CALL TO ORDER:
The meeting was called to order by Chair Andrew Chappell at 6:30 p.m.
APPROVAL OF MARCH 7. 2013 MINUTES:
Ralston moved to approve.
Zimmerman Smith seconded.
A vote was taken and the motion carried 7 -0.
PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA:
STAFF /COMMISSION COMMENT:
Hightshoe reminded commission members that the City was on a Workout Plan as the City
failed the HUD CDBG timeliness test last May. The City received over $2.7 million in program
income due to the State allowing the City to retain a disaster recovery construction loan payoff.
HUD required the City to spend the funds to a certain level before the next May test. The City
must have no more than 1.5 times their entitlement amount in their line of credit by May 2, 2013.
The City came in at 1.3 so HUD released the City from the Workout Plan reporting requirements
and the City is no longer in danger of reduced funding due to its expenditure rate.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
MAY 7, 2013
PAGE 2 of 5
Hightshoe reported that the City received sixteen applicants for the Building Change Program.
Eight projects were selected and four will be financed with CDBG funds. She summarized the
projects and the timeline.
She said that the City is contracting with the University of Iowa Public Policy Center to complete
the Analysis of Impediments to Fair Housing Choice. The findings and recommendations get
incorporated into the upcoming Consolidated Plan. A draft should be ready in July or August.
Jacobson asked about the status of the Three Diamond Low Income Housing Tax Credit
application. Hightshoe replied they weren't awarded tax credits. The applicant is still interested
and will reapply next year to the Iowa Finance Authority.
DISCUSSION REGARDING FY14 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) REQUESTS
• Review Financial Terms for Housing Projects
Hightshoe reported that Charm Homes is the only housing project that is subject to review.
The HOME program requires an underwriting analysis prior to funding. Staff is unable to
complete a full analysis until the prices of the homes are determined and what private
financing is involved. Once the properties are identified, staff will complete the analysis to
determine if the financing terms will match those that were requested. If not, staff will make
the appropriate adjustments.
REVIEW OF THE FY14 ANNUAL ACTION PLAN (WWW.ICGOV.ORG /ACTIONPLAN
Hightshoe provided an overview of the Action Plan. There was a public comment received by
Free Medical Clinic. They requested a change in their award to allow for increased lighting due
to an incident involving one of their volunteers and a patient. The commission allocated them
$20,000. They request that $2,500 to $5,000 be used for them to put up more exterior lighting.
The original project was for lower level improvements to their facility.
Consensus was not to grant or recommend the request. Council may alter if that is their wish.
Hightshoe stated a couple of dates need to be amended in the plan and public comments need
to be added.
Drum moved to recommend that City Council approve the Annual Action Plan with the
changes staff outlined.
Jacobson seconded
A vote was taken and the motion carried 7 -0.
UNSUCCESSFUL OR DELAYED PROJECTS POLICY
Hightshoe reported that all of CDBG recipients complied with the deadline except for
Neighborhood Centers of Johnson County (NCJC). NCJC received money for the Broadway
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
MAY 7, 2013
PAGE 3 of 5
Center but technically did not spend 50% of their grant by March 15. She said they are working
with an architect and will get the project completed by this summer, but perhaps not by June
30'h. The Commission discussed what recommendation to make. The consensus was that the
Commission set September 30 of this year to complete the project or the remaining funds will be
reallocated. Chappell requested that notice is provided to NCJC with this deadline and to
indicate that projects are expected to be completed by June 30 and they must start their
projects earlier.
DISCUSSION OF THE COMMUNITY DEVELOPMENT CELEBRATION
Hightshoe explained that the celebration is to highlight the impact of federal funds in Iowa City.
Information is provided about how Iowa City allocates the funds and the projects planned. The
Commission discussed locations to hold the celebration. Drum and Zimmerman Smith
volunteered as the celebration planning committee.
REVIEW ALLOCATION PROCESS — CDBG /HOME AND AID TO AGENCIES
• Appoint Subcommittee
Drum thought this year went well. Zimmerman Smith said she felt that the regular allocation
phase was smooth but thought that the Commission needs to figure out what the Council wants
them to use as guidelines for Aid to Agencies.
Hightshoe said she has heard from a council member about Aid to Agencies. The member did
not like that new agencies could apply. This means fewer funds, less impact for the existing
agencies.
Chappell questioned how they would draw the line. No new applicants from last year, two years
ago, etc.
Zimmerman Smith said if the Council wants them to distribute funds the same way that Linda
Severson did then they don't need the commission. She said she thinks that funding
organizations doing something new or different would be a good thing to do. She said she thinks
some of the agencies funded every year are duplicating efforts, and if they knew that a certain
amount of money was going to be allocated to new things, that might cause them to collaborate
more.
Jacobson thinks a City Council member would want a seat on this subcommittee. Chappell said
he wanted to ask one or two Council members to meet with the commission subcommittee and
offer some input.
There was a consensus to appoint a subcommittee now. The Commission agreed that
Zimmerman Smith would chair the subcommittee and Chappell and Ralston would serve on the
subcommittee.
SUMMER MEETING SCHEDULE
The Commission agreed to schedule their meetings based on agenda items.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
MAY 7, 2013
PAGE 4 of 5
MONITORING REPORTS
• FY13 HACAP — Rental Rehab. (Bacon Curry)
Hightshoe said they met with an architect this week. She said they are focusing on
security.
• FY13 Neighborhood Centers — Facility Rehab. (Bacon Curry)
Hightshoe said they finished the roof at Pheasant Ridge.
• FY13 Neighborhood Centers — Operations (Zimmerman Smith)
There was no report.
• FY11 Iowa City — Fairmeadows Park (Jacobson)
The splash pad is under construction and will be completed this June.
• FY13 Crisis Center — Rehab. (Staff)
Hightshoe reported that the bids were out and products were ordered. They are
doing Phase One because that's what they can afford now, and when they get
additional funding they will slowly bid out the interior. They plan to be done by
December. There have been some neighbor complaints about people loitering.
• FY13 Charm Homes LLC — Rental Housing (Staff)
Hightshoe reported that they acquired a property and have identified a second one.
Tenants already in first property.
• FY11 & 10 The Housing Fellowship — Rental Housing (Staff)
Hightshoe reported that THE bought four homes in the University neighborhood
near campus, remodeled them, and are leasing them. She said that their FYI
project was the low income tax housing tax credit project for families — fourteen
units in North Liberty and eight in Iowa City. She said the units in Iowa City are
done, but issues with the developer are indefinitely keeping the two end units from
being rented. Issue to be resolved shortly.
• FY11 ICHA — Tenant Based Rent Assistance (Jacobson)
He said there is one active participant in a pending status. There are no active
referrals from DVIP. There is $11,000 of the $40,000 allocation remaining.
• FY11 Visiting Nurse Association — Acquisition (Jacobson)
He said the land had been purchased. Hightshoe added that they had to spend an
additional $50,000 because of a sewer line problem. Jacobson said they expect to
be moving in in August. He said they brought in $100, 000 in fundraising.
ADJOURNMENT:
Clamon moved to adjourn.
Dragoo seconded.
A vote was taken and the motion carried 7 -0.
D
O
U
W
W C
Z N
r
D N
z
W
H
Q
z
O
U)
U)
O
U
F—
Z
W
2
IL
O
J
W
W
O
U
0
Z Cl)
E; o
Z N ,n
r— LLJ
O2Q
y Ng
W a)
C++ C�
N N c ca
aQ¢z
it II II II
W ,
Me) x o 6
o
x
x
x
x
o
x
x
x
M
X
X
X
X
X
X
X
X
X
X
X
X
X
LU
X
X
X
X
X
X
0
0
X
X
X
0
X
X
X
0
X
X
X
X
LU
oo
o
X
X
X
0
X
0
X
X
X
CD
N
X
X
X
X
X
X
X
p
X
cc
X
X
X
0
X
X
X
ti
ZZ
X
X
X
X
o
x
x
x
o
X
Lu
O
0
O
X
X
X
X
X
N
M
X
X
LU
X
X
X
X
X
X
IL
LO
d*
M
M
V)
m
It
V)
LO
W
N
N
0
N
0
N
N
N
N
C)
W
F-
0)
rn
rn
rn
O)
rn
rn
rn
rn
rn
W
J
J
W
Z
J
W
W
z
=
UJUJ
Z
J
O
z
1-
W
O
=,
��
V
N
z
V
z
J
W
m
z
O
O
O
V
Z
p
Z
O
N
m
z�
O
F-
�-J
W
(pj
W
� C)
Z
m
V
V
O
D
CQ9
2
�
QJ
Q
N
y Ng
W a)
C++ C�
N N c ca
aQ¢z
it II II II
W ,
Me) x o 6
r
CITY OF IOWA CITY 2.._
.6111 gg M� �
MEMORANDUM
Date: June 20, 2013
To: Mayor and City Council
From: Stefanie Bowers Staff Member of Human Rights Commission
Re: Recommendation from Human Rights Commission
At their May 21, 2013 meeting the Human Rights Commission made the following
recommendation to the City Council:
Yes, but Council action is not needed at this time as further recommendations are forthcoming relating to
the same recommendation.
Additional action (check one)
No further action needed
Board or Commission is requesting Council direction
X Agenda item will be prepared by staff for Council action
S:RECform.doc
Minutes
Human Rights Commission
May 21, 2013 — 6 P.M.
Emma Harvat Hall
APPROVED
Members Present: Harry Olmstead, Orville Townsend Sr., Joe Coulter, Diane Finnerty, Kim
Hanrahan, Dan Tallon.
Members Excused: Shams Ghoneim.
Staff Present: Stefanie Bowers, Sue Dulek.
Recommendations to Council: Yes, but Council action is not needed at this time as further
recommendations are forthcoming relating to the same recommendation. See New Business: Amendment
to 2 -3 -2 below.
Call to Order:
Chair Townsend called the meeting to order at 18:05.
Consideration of the Minutes of the April 16, 2013:
Coulter moved to approve minutes, seconded by Hanrahan.
Motion passed. 5 -0. (FinnertyAbsent)
Public Comment of Items Not on the Ap-enda: None.
New Business:
Amendment to 2 -3 -2 of the Human Rights Ordinance
Commissioners approved to recommend proposed amendment G. The Commission will vote on
amendment E at the June meeting. Motion passed. 6 -0. Commissioners would like "developmental
differences" defined before so approving amendment E.
Juneteenth
Commissioners voted to contribute to sponsorship in the amount of $275. Juneteenth is an American
holiday that commemorates the end of slavery.
Old Business:
City of Coralville 4`h Fest 2013
Commissioners opted to not participate in the event this year.
Human Rights of Persons Incarcerated
The Commission requested information from the County that breaks down persons incarcerated by age,
gender, race, ethnicity, and disability and immigration status. Olmstead moved to request, seconded by
Coulter. Motion passed 6 -0.
Finnerty would like for the Commission to think about what they will do with the information once it is
received. For consistency Townsend mentioned that the Commission should request what has been asked
for by the Ad Hoc Diversity Committee. Bowers noted that those recommendations have been given to
staff and that staff will report on those recommendations to the City Council in June. The City Council
has not discussed the recommendations further than asking staff to take a look at each one.
Old Business:
Iowa City Pride 2013
Commissioners Olmstead, Coulter and Townsend will staff the vendor table at the event. Bowers will
supply postcards announcing the vacancy on the Commission. Olmstead 12 — 2 pm, Coulter 12 — 5 pm,
Townsend 2 -3 pm.
Uudates & Resorts:
Fair Housing
Olmstead reported on the great turn out for the April fair housing training.
Youth Awards
Tallon asked that information relating to the youth ally award be sent to recipients of 2013 to solicit
nominations. Townsend asked that Commissioners email any ideas that they have for next year's event to
Bowers.
Proclamations
No report.
SEATS
Olmstead mentioned that City Council member Dickens spoke recently about the program and stated that
he felt that the Sunday service and door to door service would remain the same but that the half price
fares would be eliminated. Olmstead encouraged all Commissioners to contact Council members to
protest eliminating half price fares.
Education Subcommittee
Finnerty reported that she has been in contact with School Board Member Swisher and that a meeting will
take place in the near future. The subcommittee will reach out to former Commissioner Jessie Harper to
see if he is still able to participate.
Immigration Subcommittee
Hanrahan mentioned that meetings have taken place and that she hopes to be more active in the fourth
quarter. Finnerty spoke on the numerous immigration groups that have been created in the community and
the fabulous work of each. At this time, the Commission will keep their focus on the municipal ID
recommendation to the Council.
Hanrahan inquired about the City's progress with the recommendations given to the Council in December
of 2012. Bowers said that as noted in the memorandum from Assistant to the City Manager Geoff Fruin
the recommendations are being considered as part of the remodeling of the Washington Street entrance to
City Hall. In addition, Bowers said she would continue to update the Commission as information is
received.
Ad Hoc Diversity Committee
Townsend feels that the recommendations from the Ad Hoc Diversity Committee were misinterpreted.
Townsend noted his disappointment in the Council supporting a grant to place school resource officers at
City & West.
F)
Building Communities
The committee held a meeting at the end of April and has since split into two subgroups, one focusing on
education and the other on housing.
University of Iowa Center for Human Rights
Olmstead noted that Professor of Law Adrien Wing will now head the Center and that Amy Weismann
will remain as the Deputy Director. The Center will have two locations, one where it currently is located
and one at the law school.
Commission
Finnerty requested that the Commission set aside time at the June meeting to discuss priorities.
Specifically discussing 1) how to address inequalities, 2) where energy should be focused, and 3) how to
track initiatives. In addition, Finnerty asked each Commissioner to ask 3 people what role they would like
to see the Commission play in the community.
Tallon reported that he has mentioned the vacancies on the Commission to several friends and has
encouraged them to apply.
Staff
No report.
Adjournment:
Motion to adjourn at 19:43. (5 -0) (Olmstead absent)
Next Regular Meeting — June 18, 2013 at 18:00.
Human Rights Commission
ATTENDANCE RECORD
YEAR 2012/2013
(Meeting Date)
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
- -- = No longer a member
R = Resignation
4
TERM
6/19/
7/17/
8/21/
9/18/
10/16
11/20
12/18
1/15/
1/28/
2/19/
3/19/
4/16/
5/21/
NAME
EXP.
12
12
12
12
/12
/12
/12
13
13
13
13
13
13
Diane
1/14/14
X
O/E
X
O/E
O/E
X
X
O/E
X
X
X
O/E
X
Finnerty
Orville
1/1/14
X
X
X
X
X
X
X
X
X
X
x
X
X
Townsend,
Sr.
Dan Tallon
1/1/14
-
-
X
X
X
O/E
X
X
X
X
O/E
X
X
Kim
111115
X
X
WE
X
X
X
X
X
X
X
X
O/E
X
Hanrahan
Shams
1/1/15
X
X
X
X
O/E
X
X
O/E
O/E
X
X
X
O/E
Ghoneim
Jessie
111115
O/E
X
X
O/E
X
O/E
X
X
X
X
X
R
R
Harper
Katie
1/1/16
-
-
-
-
-
-
-
X
X
X
X
X
R
Anthony
Joe D.
1/1/16
-
-
-
-
-
-
-
X
X
X
X
X
X
Coulter
Harry
1/1/16
X
X
X
X
X
X
X
X
X
X
X
X
X
Olmstead
Connie Goeb
1/1/13
O/E
X
X
X
X
X
X
-
-
-
-
-
-
Howard
1/1/13
X
O/E
X
O/E
X
O/E
O/E
-
-
-
-
-
-
Cowen
David B.
1/1/14
R
R
R
R
R
R
R
R
R
R
R
R
R
Brown
Henri
1/1/14
R
R
R
R
R
R
R
R
R
R
R
R
R
Harper
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
- -- = No longer a member
R = Resignation
4
CITY OF IOWA CITY In"2b"
MEMORANDUM -
Date: July 17, 2013
To: Mayor and City Council
From: Bob Miklo, Staff Member of Planning & Zoning Commission
Re: Recommendations from Planning & Zoning Commission
At their June 6, 2013 meeting the Planning & Zoning Commission made the following
recommendations to the City Council:
The Commission voted 0 -6 to recommend denial of an amendment to the
Comprehensive Plan Southeast District Plan to change the land use designation from
multi - family to commercial property located at the northwest corner of the intersection of
Muscatine Avenue and Scott Boulevard.
2. The Commission voted 0 -6 to recommend denial of a rezoning of 2.23 -acres from Low
Density Single- Family (RS -5) zone to Low Density Multi - Family (RM -12) zone and 0.85 -
acres from Low Density Single - Family (RS -5) zone to Community Commercial (CC -2)
zone
3. The Commission voted 6 -0 to recommend approval of REZ13- 00014, an application
submitted by Chezik -Bell Properties for a rezoning of 2.30 -acres of land located
southeast of the intersection of Highway 1 and Sunset Street in the Intensive
Commercial (CI -1) zone to amend the Conditional Zoning Agreement regarding setback
and landscaping adjacent to Highway 1 referencing the plan of June 6, 2013, using the
larger, corner landscape area and trees of three different varieties.
4. The Commission voted 6 -0 to recommend approval of amendments to Title 14: Zoning
Code to allow Schools of Generalized Instruction by special exception in the Community
Commercial (CC -2) Zone.
5. The Commission voted 2 -4 (Dyer, Eastham, Swygard, Theobald opposed) to
recommend denial of amendments to Title 14: Zoning Code to modify the regulations
regarding the spacing of drinking establishments so that the 500 -foot spacing rule would
only apply to the University Impact Area and the Riverfront Crossings District.
Additional action (check one)
No further action needed
Board or Commission is requesting Council direction
X_ Agenda item will be prepared by staff for Council action
PLANNING AND ZONING COMMISSION APPROVED
JUNE 6,— 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin,
Paula Swygard, Jodie Theobald
MEMBERS ABSENT: John Thomas
STAFF PRESENT: Bob Miklo, Darian Nagle -Gamm, Sarah Greenwood Hektoen
OTHERS PRESENT: John Hieronymus, Kolby Jones, Mike Pugh, Ron Erwin, Merl
Kjeniss, Margie Yoder, Steve Schallow, Todd Shepard, Dave
Stochl, Ken Johnson, Jeff Kersbergen, Ed Wasserman, James
Buddenbaum, Ann Wade, Walter Seaman, Dave Larsen, Craig
Nierman, Wisdom Nwafor, Steve Kohli
RECOMMENDATIONS TO CITY COUNCIL:
1. The Commission voted 0 -6 to recommend denial of an amendment to the
Comprehensive Plan Southeast District Plan to change the land use designation
from multi - family to commercial property located at the northwest corner of the
intersection of Muscatine Avenue and Scott Boulevard.
2. The Commission voted 0 -6 to recommend denial of a rezoning of 2.23 -acres from
Low Density Single - Family (RS -5) zone to Low Density Multi - Family (RM -12) zone
and 0.85 -acres from Low Density Single - Family (RS -5) zone to Community
Commercial (CC -2) zone
3. The Commission voted 6 -0 to recommend approval of REZ13- 00014, an
application submitted by Chezik -Bell Properties for a rezoning of 2.30 -acres of
land located southeast of the intersection of Highway 1 and Sunset Street in the
Intensive Commercial (CI -1) zone to amend the Conditional Zoning Agreement
regarding setback and landscaping adjacent to Highway 1 referencing the plan of
June 6, 2013, using the larger, corner landscape area and trees of three different
varieties.
4. The Commission voted 6 -0 to recommend approval of amendments to Title 14:
Zoning Code to allow Schools of Generalized Instruction by special exception in
the Community Commercial (CC -2) Zone.
5. The Commission voted 2 -4 (Dyer, Eastham, Swygard, Theobald opposed) to
recommend denial of amendments to Title 14: Zoning Code to modify the
regulations regarding the spacing of drinking establishments so that the 500 -foot
spacing rule would only apply to the University Impact Area and the Riverfront
Crossings District.
Planning and Zoning Commission
June 6, 2013 - Formal
Page 2 of 16
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
Comprehensive Plan / Rezonina Items:
A public hearing of an application submitted by John Hieronymus to amend the
Comprehensive Plan - Southeast District Plan to change the land use designation from
multi - family to commercial for property located at the northwest corner of the
intersection of Muscatine Avenue and Scott Boulevard.
CPA13- 00002/ REZ13- 00012: Discussion of an application submitted by John Hieronymus
for a rezoning of a total of 5.95 -acres of land located north of Muscatine Avenue, west of
Scott Boulevard, 2.23 -acres from Low Density Single- Family (RS -5) zone to Low Density
Multi - Family (RM -12) zone, 0.85 -acres from Low Density Single - Family (RS -5) zone to
Community Commercial (CC -2) zone and 2.87 -acres from to Low Density Multi - Family
(RM -12) zone to Community Commercial (CC -2) zone.
Miklo said the proposal has three components. He said the first is to change the Comprehensive
Plan for this area from residential to commercial; the second aspect is to rezone this property
from Low Density Single Family (RS -5) and Low Density Multi - Family (RM -12) to Community
Commercial (CC -2), and the third is to rezone the northern part of the property from Low
Density Single Family (RS -5) to Low Density Multi - Family (RM -12). Miklo showed the
Commission slides of the property from different perspectives. He showed the Commission a
concept plan of what the applicant proposes if the rezonings are approved.
He said the Comprehensive Plan shows a limited amount of undeveloped land along Scott
Boulevard that is appropriate and zoned for multi - family in this part of the city. He said there are
many commercial areas in the East Side, some of them with convenience stores that are
located within a relatively short distance from the proposed site. He said to change this property
to commercial would displace one of the few suitable locations for multi - family in this part of the
city. He said staff sees no compelling reason why this change should occur.
Miklo said there are also site specific reasons why staff feels that this property should not be
zoned for commercial development. He said the property is located at the highest point of the
neighborhood, making it difficult to screen the property and deal effectively with lighting and
signage. He said the Transportation Planners feel that the amount of turning traffic in this area
will increase substantially compared to what exists with the current residential zoning. He said
for those reasons and for those outlined in the staff report, staff does not recommend that the
Comprehensive Plan be changed in this area; staff recommends that the request for commercial
zoning be denied; and they recommend that the decision be deferred for additional multi - family
zoning depending on what the Commission's decision is for the remainder of the property.
Freerks clarified for the public that at the previous meeting this property had been proposed for
Neighborhood Commercial (CN -1) zoning , and that request has now been changed to
Planning and Zoning Commission
June 6, 2013 - Formal
Page 3 of 16
Community Commercial (CC -2). Miklo explained that the staff had also recommended against
that zoning.
Eastham asked Miklo to point out other places in the city where there are commercial areas that
might fit easily into the Comprehensive Plan's description of a neighborhood commercial area
that would perhaps be appropriate. Miklo named the Walden Square development and Olde
Towne Village, where the residential and commercial areas were designed around each other.
He noted that the commercial areas were planned at the same time the adjacent residential
neighborhood to help assure compatibility.
Martin asked about the multi - family plan in existence for that area. Miklo explained that a couple
years ago there was a rezoning of this property that included a subdivision. He explained how
that plan was configured and said that it was approved at that time. He said that is the zoning
that is in place until the City Council changes it after a recommendation from the Commission.
Freerks opened public hearing.
John Hieronymus of 3322 Muscatine Avenue presented the history and background of his
family's property. He said he worked with a developer for two years on a planned development
for the subject property, but the bank would ultimately not make a loan to the developer
because the appraisals were lower than the cost of the development. He said he then talked to
City staff about how to replat the property and lower the costs. He said Kum and Go
approached him about developing the property on the corner of Scott Boulevard and Muscatine.
He said when they applied for the Neighborhood Commercial rezoning, the staff comments
were negative, mostly due to the size of the proposed building, so they decided to apply for
Community Commercial rezoning.
Kolby Jones of Kum and Go Convenience Stores said they are different than the normal
convenience store, and Iowa City has nothing like it here. He said their new stores are just
under 5,000 square feet because they contain a full service kitchen. He said this new store
would contribute to the tax base and to the economy. He talked about the benefits this store
would provide to customers and to the community and how with their LEED certification, they
can trap all the light onsite.
Eastham asked in reference to the needs analysis the company did as part of the planning for
this proposal how much of the need is reflected for motor vehicle fuel sales and how much for
other things in the store. Jones said the analysis breaks it down into how well they will do inside,
and how well they will do outside. He said the breakdown was an even distribution with inside
and outside sales.
Mike Pugh as a representative Kum and Go said they are seeking a land use amendment to the
Comprehensive Plan, not a text amendment. He said the intersection of Scott and Muscatine
has been designed as arterial streets, and the houses on Muscatine are designed so the backs
of them back up to Muscatine Avenue. He said the City's traffic count for this intersection is
6,000 to 8,OOOcars per day. He said they don't expect additional traffic to be generated here
because Kum and Go is not a destination site. He said this application is a relatively modest
modification request of 3.79 acres to the land use map. He mentioned several areas along or
near the Scott Boulevard corridor that have residential uses with commercial uses mixed into
the development. He said from a planning perspective, it is appropriate to place commercial
uses along arterials.
Pugh said there is a plan in place for what will be built on this site, and there is no uncertainly
Planning and Zoning Commission
June 6, 2013 - Formal
Page 4 of 16
about what could go there under the Zoning Code in a CC -2 zone. He said the applicant's
expectation is that in addition to the rezoning, he fully expects a Conditional Zoning Agreement
(CZA) stating exactly how this site will be developed. He said they have started a dialogue with
two good neighbor meetings and meetings with City staff. He said what the Commission must
look at is if a convenience store of this nature at the intersection of two arterial streets is
appropriate if it were designed in a certain fashion. He said he thought the real issue was gas
and intensity of use. He claimed they would be having a very different discussion if this was a
small, locally owned grocery store that people could walk to, and that idea is looked upon
favorably at Commission meetings for other sites.
Pugh said he strongly disagrees with the statement in the staff report that the neighborhoods in
Iowa City are already well served by commercially zoned property in the area. He said one of
the frequent complaints about the east side of the city is that you have to drive to get to
something. He said he also takes issue with the statement from the staff report that a
convenience store would essentially be an intensive auto - oriented use located in a residential
neighborhood. He said auto - oriented should be okay because the subject site is on an arterial
intersection. He argued that the area is residential, but not single - family residential, and that
how staff describes it is a bit of a mischaracterization. He said this site has a natural buffer
between the subject property and some of the more single - family areas to the north.
Pugh argued that contrary to the staff's report, the topography of the subject site really doesn't
pose problems that aren't conducive to commercial uses. He said the site from Muscatine
Avenue to the proposed side street falls away nineteen feet, and the parking lot will sit six feet
lower than Muscatine Avenue. He said the tops of the canopies for the gas amenities are fifteen
feet tall, meaning they are nine feet higher than the grade on Muscatine Avenue. He said the
same type of thing happens on the Hampton Court side.
Pugh said that important issues that have been discussed in good neighbor meetings are the
issues of traffic, light, and noise. He said one thing in the application's favor is that all the
houses in Hampton Court back up to Muscatine Avenue. He said there is also fairly mature
landscaping along the backs of those houses to serve as buffer.
Pugh said he has also heard some of the concerns mentioned above when other developments
like Olde Towne Village were done. He said there really isn't a commercial amenity in this area,
which will be growing residentially in the future. He said the applicant would like the Commission
to defer the amendment to the Comprehensive Plan so he and the applicant can develop a
comprehensive CZA that they could present to the Commission and work with staff and the
neighbors and see if there's a way forward where this could potentially work.
Ron Erwin of 1146 Hampton Court said his backyard backs up to Scott Boulevard right at the
intersection with Muscatine. He said there is a tremendous amount of semi traffic moving on
Scott Boulevard. He said he is strongly opposed to the application. He said with this new
development there will be more traffic and there will be the signage and lighting issues. He said
he doesn't see a reason for another business of this type in the area.
Merl Knjeniss of 1164 Hampton Court said his views have already been expressed in a letter to
the Commission, which is in their packet. He said he is definitely opposed to the commercial use
of that property. He said it would damage the property values, the community, and the
Comprehensive Plan.
Margie Yoder of 1161 Hampton Court said she and her husband purchased their property years
ago when there was mostly farmland in this area. She said contrary to what Jones said early,
Planning and Zoning Commission
June 6, 2013 - Formal
Page 5 of 16
she does think this development would become a destination site. She says there will be much
more traffic, and she doesn't see a need for another such commercial use. She said she is
really, really opposed to this application.
Steve Schallow of 1115 Hampton Court said he hadn't been invited to either of the good
neighbor meetings. He reiterated the comments of others who said there isn't a great need for a
convenience store in that area, with four gas stations within a mile of the subject site and two
grocery stores nearby, as well as two pharmacies and several restaurants. He said he is
concerned about having something built on that high elevation on the corner of Scott and
Muscatine and having more turning traffic because it will become a destination. He said he
agrees with the staff report that this application should be denied.
Todd Shepard of 1147 Hampton Court said he is not in agreement with amending the
Comprehensive Plan in this case. He asked the Commission to review the comments in the
letter he had given them at the start of the meeting.
Dave Stochl of 1151 Hampton Court said he is proposing a denial to the planning and zoning
change and does not support a deferral. He said he has submitted a letter to the Commission.
He said he went to Cedar Rapids last night after he attended the good neighbor meeting and
took pictures of a store that is nearly identical to the one being proposed. He explained how his
house and the neighborhood will be impacted by the lighting of the proposed store and its
location on a higher elevation. He said the additional traffic and the egress and ingress to and
from the store onto Muscatine or Scott will be heavy and unsafe.
Ken Johnson of 3116 Maplewood Lane said he had concerns with the drive to the proposed
store being so close to the intersection, the turn not being readily visible, how fast traffic will be
moving in terms of safety to both drivers and pedestrian, particularly children.
Freerks closed public hearing.
Eastham moved to recommend deferral of the applicant's request of the amendment to
the Comprehensive Plan and rezoning item until the Commission's next meeting.
Dyer seconded.
Eastham explained that he could not recommend approval of any rezoning request without a
change in the Comprehensive Plan. He said what he wants most to see is if a corporate
convenience store concept can fit within the Comprehensive Plan's description of a
neighborhood commercial area.
Freerks said that she doesn't see the need to change this particular area. She said this part of
Iowa City which has been planned for and developed with residential in mind. She said to try
and create this kind of change at this point without any good reason put forward is detrimental to
the process of the Comprehensive Plan. She said it doesn't seem sensible to challenge a
developer to come forward and see how they would try to make it work. Eastham said he is not
at all wedded to the success of the motion.
Freerks polled the Commission, and were not four members in favor of deferral.
A vote was taken and the motion was denied 0 -6.
Planning and Zoning Commission
June 6, 2013 - Formal
Page 6 of 16
Eastham moved to recommend approval of an amendment to the Comprehensive Plan
Southeast District Plan to change the land use designation from multi - family to
commercial property located at the northwest corner of the intersection Muscatine
Avenue and Scott Boulevard.
Swygard seconded.
Swygard said she agreed with a previous comment that this is a designated residential area
with commercial located close by, and she sees no reason to change the Comprehensive Plan.
Martin said putting commercial in that location is moving toward sprawl instead of nurturing what
is already there. She said she lives in that area and finds it quite easy to get to commercial
areas. She said although there is a great arterial intersection at this site, that doesn't necessarily
mean that you have to populate it with a convenience store.
Eastham said the intent of the Comprehensive Plan for those areas is providing focal points and
gathering places for neighborhoods, and the businesses within those area are supposedly there
to provide shopping opportunities within convenient walking distances for residents in the
immediate area; the design of the neighborhood commercial centers are supposed to have a
pedestrian orientation with stores located close to the street and sufficient open space to allow
for outdoor cafes or patios and landscaping; and parking is supposed to be located at the rear
and sides of the store, with additional parking on the street. He said that is the description of
what would have to be located in this area if it's going to be developed as commercial. He said
he can't make a standard convenience store fit into that description. He said he hasn't heard
from anyone tonight that the proposed use in this area has a pedestrian orientation, or meets
any of the other criteria described as above.
Swygard said it was initially Neighborhood Commercial and then since the last Commission
meeting it was changed to Community Commercial, which is for a larger area of population, so
that seems to be even less appropriate for changing the Comprehensive Plan.
Freerks says to change the Comprehensive Plan at this point would have a detrimental effect on
the neighborhood. She said the east side of town does need amenities, but this isn't the place
for this particular amenity. She said she has nothing against Kum and Go, and it seems like a
fine business. She said there's a lot of community input that happens with a Comprehensive
Plan when it's put together and goes through a great deal of thought. She said she hasn't heard
a compelling argument why at this point in time that needs to change. She said she also has
some concerns about traffic.
A vote was taken and the motion was denied 0 -6.
Swygard moved to approve an application for a rezoning of 5.95 acres of land located
north of Muscatine Avenue, west of Scott Boulevard, 2.23 -acres from Low Density Single -
Family (RS -5) zone to Low Density Multi - Family (RM -12) zone, and 0.85 -acres from Low
Density Single- Family (RS -5) zone to Community Commercial (CC -2) zone.
There was some confusion about the best way to break out the two motions. On advice of
Greenwood Hektoen, and Miklo, Swygard withdrew her motion.
Theobald moved to approve the change of 0.85 acres from Low Density Single Family
Planning and Zoning Commission
June 6, 2013 - Formal
Page 7 of 16
(RS -5) to Community Commercial (CC -2) and 2.78 acres from Low Density Multi - Family
(RM -12) zone to Community Commercial (CC -2) zone.
Eastham seconded.
Freerks said she agreed with Eastham's remark earlier that the Commission should not approve
something that they just denied as a Comprehensive Plan change.
A vote was taken and the motion was denied 0 -6.
Martin moved to approve 2.23 acres from Low Density Single Family (RS -5) zone to Low
Density Multi- Family (RM -12) zone.
Miklo mentioned that the staff's recommendation had been for deferral.
There was no second on this motion, and the motion failed.
Theobald moved to defer indefinitely a rezoning of 2.23 acres from Low Density Single
Family (RS -5) zone to Low Density Multi - Family (RM -12) zone.
Eastham seconded.
Freerks said whatever develops in this area needs to connect with what continues on the
corner, and the Commission would like to see something develop there that can integrate into
the neighborhood more than the proposed convenience store.
Eastham said for this specific parcel, the Comprehensive Plan does support multi - family
development, and he would agree to look at that option in the future.
A vote was taken and the motion passed 6 -0.
Freerks informed the applicant that they still have the right to bring this before City Council, and
make their case there.
Freerks called for a five - minute recess.
Freerks called the meeting to order.
Rezonina Items
REZ13- 00004: Discussion of an application submitted by Jeff Miller Construction for a
rezoning of 1.05 -acres of land located on First Avenue, north of Rochester Avenue from
Low Density Multi - Family (RM -12) zone to Planned Development Overlay /Low Density
Multi - Family (OPD /RM -12) zone.
Nagle -Gamm showed a map of the subject site and photos of the property and the
neighborhood, and photos taken from the subject property and from the building to the south.
She reminded the Commission that this item had been deferred at the previous meeting
pending attention to several items that had been identified and answers to several questions the
Commission had.
Planning and Zoning Commission
June 6, 2013 - Formal
Page 8 of 16
Nagle -Gamm summarized the outstanding items. She said the Commission had discussed
moving the building further to the north, and in the latest plan provided by the applicant he has
doubled the size of the buffering between the proposed building and the property line to the
south from ten feet to twenty feet, resulting in a decrease in the buffer on the north end of the
parking and the south end of Hickory Hill Park to seventeen feet, which staff finds to be
reasonable.
Nagle -Gamm said the next issue was the water drainage system. She said Public Works had
expressed concern that not all the storm water on the property was being handled on site, so
they worked with the applicant to create several different iterations of how to improve storm
water management on site. She said the latest site plan submitted by the applicant includes
modifications that would pick up all the storm water from the eaves and the front of the building
and would drain to an inlet near the driveway. She said there's also a new grading plan to direct
storm water to that inlet. She said the applicant has also added storm water tiling along the
sidewalk and the retaining wall on the south end of the building to direct storm water to a newly
created inlet. She said Public Works is now satisfied that storm water will be managed
appropriately on site.
Nagle -Gamm said the Commission had also requested a comparison of the existing building to
the south of the proposed property and the proposed building in terms of height. She showed a
drawing that shows approximately a thirty -six foot difference between the midlines of the roofs
of the two buildings. Freerks asked why the proposed building was dug down so deeply. Miklo
responded that it was in order to get the parking underneath it.
Nagle -Gamm said a question had been raised about trees on subject property. She said the
revised site plan indicates the location and species of trees that exist, and in some areas there
are oak trees, some within the construction zone. She said the City Forester said when he
looked at the property last year when it was initially rezoned from RS -5 to RM -12, there were no
significant trees. Freerks said she thinks there is a difference in how a professional forester
would assess trees and how significant trees are to a person who lives in an area. She asked if
they are not to be salvageable if the Forester doesn't deem them significant. Miklo said the
three oaks to the west of the no construction line could to be preserved as part of the
development.
Nagle -Gamm said another question that was raised was lot coverage ratios and the comparison
between the proposal for the property and the property to the south. She said they looked at the
original site plan for the existing property and determined that the impervious surfaces were
approximately forty percent of the lot as compared to forty -two percent for the proposed
development.
Nagle -Gamm said the applicant was asked to provide a more detailed landscaping plan and
include tree species that were recommended by the Johnson County Heritage Trust, and the
applicant has made adjustments to the plan to include recommended trees and grasses. Miklo
said that three possible invasive species have been removed from the original plan.
Nagle -Gamm said in regard to the question about the purchase agreement, staff received a
copy of it, and it appears to be in order.
Nagle -Gamm showed the Commission proposals that the developer submitted showing how the
building and the retaining walls for the sidewalk would look from First Avenue.
Planning and Zoning Commission
June 6, 2013 - Formal
Page 9 of 16
Nagle -Gamm said staff finds that the applicant has adequately addressed discrepancies and
deficiencies and recommends approval of the item.
Theobald asked for a definition of inlet as pertains to storm water management. Nagle -Gamm
said it's a drainage hole where water will be directed to drain in a pipe on the site.
Freerks opened public hearing.
Jeff Kersbergen of 513 S. First Avenue said he is representing the applicant. He said the
applicant feels this is a good match for the neighborhood.
Ed Wasserman of 555 N. First Avenue said he wants to make clear that the trees he is talking
about are the gigantic trees along the property line that will provide the buffer between the two
properties, not the ones beyond the building in the back of the subject lot. He said with the
current plan, there won't be any trees retained between the buildings, and what he concerned
about and what hasn't been addressed, is the root structure of these trees. He claimed that the
newest elevations submitted show every view but the relevant one with the trees. He said all the
trees will be removed. He said that according to the Comprehensive Plan, there is supposed to
be green space in developments in this zone. He said he is against the building plan that is too
much for the small site and for the slopes.
James Buddenbaum of 557 N. First Avenue said he doesn't agree with the City Forester that
these trees are insignificant because they aren't a museum quality. He said looking south on N.
First Avenue, you would not be able to see his building because the trees are so lush. He said
the eight foot retaining wall will never hold up under the proposed storm water drainage plan,
and the water will never be completely drained off the property. He said they have had severe
drainage problems on their own, similar piece of land. He said they had to replace half the
driveway, dig out grass in order to try and divert drainage along the driveway, put in a conduit
pipe, and it still doesn't work.
Ann Wade of 524 N. First Avenue said she lives directly across from the existing building to the
south of the subject site. She said on her side of the street every one of the houses have had
problems with drainage because of the slope. She said she's also concerned about such a big
building on the subject site because of the slope and the water issues and thinks that a smaller
building won't prevent the flow of water as much.
Walter Seaman of 551 N. First Avenue expressed his support for the people who had spoken
tonight against this rezoning. He said the removal of those trees would be criminal. He said the
proposed building seems out of proportion relative to the size of the lot.
Freerks said it's always difficult to hear that what the Commission approved not so long ago has
water issues and has caused financial problems for residents, and it makes one think about
what happens next door to a property that has similar slopes. She asked the staff if they have
any concern about water issues. Miklo replied that they have come to hear about drainage
problems on the existing property through this process, but they can't speak to why they
occurred. He said staff asked the City Engineers to review the plan for the proposed building
carefully, they said it needed further study, and the last iteration of the plan that they reviewed
was found satisfactory. He said he doesn't think they are capable of answering the questions
comparing this with the problems with the property next door. He said that the Engineering Staff
did closely review this and there will be further review of the retaining wall question when the
building permit is reviewed.
Planning and Zoning Commission
June 6, 2013 - Formal
Page 10 of 16
Greenwood Hektoen said it's the developer's obligation to insure that he installs the proper and
necessary private utilities.
Eastham asked if the Building Code requires a builder to demonstrate that the building won't
have water infiltration into any part of the structure. Staff could answer that question.
Freerks said it seems that some of the trees along the property line are within ten feet of the
property line. Wasserman said that the plans show that no trees will remain along the property
line. Freerks said she thinks it is unfortunate that more small natural areas around town aren't
preserved unless they are examples of stellar trees. She said the Commission doesn't
necessarily have a way to require that people have to preserve them. Wasserman said he
questions what will happen to both properties per the drainage problem when so much of the
root structure will be unearthed for the retaining wall and for the building itself.
Freerks asked Kersbergen if there's a reason none of the trees can be kept. He said he can ask
the applicant. He said the applicant has built a similar structure on a steep, narrow lot, and he
was able to protect the properties that were high above that development, so he's been
successful implementing a plan like this one before.
Martin asked if the applicant had considered building up rather than out. Miklo said there was a
prior plan for townhouses, and it required more grading and bigger retaining walls. Martin asked
if this footprint could be more compact. Miklo said it could be, and that would add a floor to the
building.
Freerks closed public hearing.
Eastham moved to recommend approval of REZ13- 00004, an application submitted by
Jeff Miller Construction for a rezoning of 1.05 -acres of land located on First Avenue,
north of Rochester Avenue from Low Density Multi - Family (RM -12) zone to Planned
Development Overlay /Low Density Multi - Family (OPD /RM -12) zone including a stipulation
that the retaining wall design will need to be certified by a structural engineer before the
permitting process.
Martin seconded.
Martin said she still has concerns about the stability of the building to the south of the subject
property once that ground is disturbed, particularly after looking at the picture where the
proposed building is situated so much lower than the adjacent one.
Freerks said she has concerns about water and drainage. She said she would be willing to ask
for deferral, but she's not sure how much further they'd get with it. She said she thinks there's
value in trying to protect these trees. She said she's not sure she's inclined to support this item.
Theobald said she went out and hiked around the whole subject property, and she would
support requesting that if possible the trees be saved. However, she said the trees weren't in
very good condition, some of them appeared to be volunteers, not pruned properly. She didn't
see any oak trees, so they probably weren't very large, but said they have a very shallow root
system, so any excavation around them would affect them. She said she does see a great value
to trees. She said she's leaning toward supporting the application. She said drainage is an issue
and the day she was there, the ground was very soggy. She said she does like to see storm
water handled in more environmentally friendly ways.
Planning and Zoning Commission
June 6, 2013 - Formal
Page 11 of 16
Martin said the new renderings were striking in that they clearly spelled out how much
impervious area there will be on the subject site, more even than the adjacent site. She said she
is questioning this application more than before, which has nothing to do with the fact of its
location or that it's multi - family.
Theobald said she liked the selection of trees in the new plan.
Swygard said she shared Martin's concern of these buildings being so close together on this
slope and whatever the quality of the trees, they do provide a buffer. She said they've seen this
project grow larger. She said she has been out to the subject site, and something just doesn't
feel right to her about this application.
Eastham said he's inclined vote for approval. He said he doesn't know a way to address the
stability of the building to the south through the Zoning Code. He would be in favor of having the
applicant get an engineering report focusing on that if he knew how to do that. He said he hoped
there were ways for the property owners on the adjacent site to protect themselves. He said he
thinks the applicant and staff have worked very hard together to address the issue of surface
water. He agreed that it would be preferable not to disturb the trees that exist on the subject
property, he thinks that's a solvable problem and he would support a deferment if that's' a
sticking point. He said he doesn't see a reason not to proceed because of the proposed
building's size.
Freerks said she really has concerns about the water, and she thinks there is more that can be
done about the trees, so she's not quite ready to vote for the application.
Dyer said the City Engineers have already approved the storm water system. Miklo explained
that was just for the storm water and didn't deal with the questions that arose about the slope
stability from the adjacent property.
A vote was taken and the motion was denied 2 -4 with Eastham and Theobald voting in
favor.
Swygard moved to defer to June 20.
Eastham seconded.
Freerks said the Commission wants to talk about all aspects of water, slope stability and about
the issue of trees and the building placement.
A vote was taken and the motion carried 6 -0.
REZ13- 00014: Discussion of an application submitted by Chezik -Bell Properties for a
rezoning of 2.30 -acres of land located southeast of the intersection of Highway 1 and
Sunset Street in the Intensive Commercial (CI -1) zone to amend the Conditional Zoning
Agreement regarding setback and landscaping adjacent to Highway 1.
Miklo showed the Commission drawings and photographs of the subject property. He explained
that the Jiffy Lube business has a thirty foot setback, and there's a Conditional Zoning
Agreement that requires a thirty foot setback. He said the application is to reduce that setback
Planning and Zoning Commission
June 6, 2013 - Formal
Page 12 of 16
to eleven feet, and in lieu of the grass setback, which is all that's required, the applicant is
proposing more extensive landscaping.
He said staff feels that the enhanced landscaping may result in a better looking entrance to the
city than the thirty foot setback would. He said they are also recommending landscaping in two
corner areas. He said the applicant submitted a new drawing proposing paving one more space
on each end and planting some day lilies in the remaining areas. He said the Commission will
have to decide if that's acceptable or whether they would rather see the larger landscaping
island that was shown in the original plan, preferably with bushes or shrubs as recommended by
staff.
Eastham said in the new site plan the driveway to the adjacent lot is shown as curved as
opposed to straight. Miklo said it wasn't shown on the original plan, but it's a requirement that
can't be waived. He said this addresses the issue of the easement raised by Mary Hitchcock,
but the issue of storm water will need to be addressed at the time of any site plan approval.
Eastham asked if the reduction in setback is only if the property is developed as a car
dealership according to the site plan before the Commission. Miklo said it could be used for
another use, but staff is recommending that this new site plan be a condition of approval in
terms of what happens in those thirty feet.
Theobald said the crabapple species shown on the plan is susceptible to disease. Miklo said
the Commission can make an alternative tree selection a condition of approval.
Freerks opened public hearing.
Dave Larsen said he was here on behalf of the Chezik -Bell properties.
Eastham said he would like to hear the applicant's rationale for changing staff's
recommendation. Larsen said staff told the applicant that they wanted to implement that
easement and put it on the plan, so they did, but then realized that some of the measurements
were incorrect, and they also wanted to better define what had been designed as a general
area, so they trimmed it up but still left room for more landscaping. He agreed to change the
tree that Theobald had referred to.
Freerks closed public hearing.
Martin moved to recommend approval of REZ13- 00014, an application submitted by
Chezik -Bell Properties for a rezoning of 2.30 -acres of land located southeast of the
intersection of Highway 1 and Sunset Street in the Intensive Commercial (CI -1) zone to
amend the Conditional Zoning Agreement regarding setback and landscaping adjacent to
Highway 1 referencing the plan of June 6, 2013, using the larger, corner landscape area
and replacement crabapple trees.
Eastham seconded.
Freerks said she thinks this continues what has gone before, and it's is a great solution.
Eastham agreed that this does continue earlier decisions by Commissions and Councils to pay
attention to the appearance of developments along Highway 1 as a main entrance into the city.
He said reducing the buffer area and increasing the plantings will all work toward that end.
Planning and Zoning Commission
June 6, 2013 - Formal
Page 13 of 16
Theobald said her only concern is the lack of diversity in the landscaping of all the businesses
along this route. She said it's all of the same pattern. She said a disease could be a disaster if
all the trees along a long expanse are the same.
Theobald moved to amend Martin's motion by deleting "and replacement crabapple
trees" and adding "and replacement trees of three different varieties."
Eastham seconded.
A vote was taken and the amendment carried 6 -0.
A vote was taken and the amended motion carried 6 -0.
Zonina Code Amendment Items:
Discussion of amendments to Title 14: Zoning Code to allow Schools of Generalized
Instruction by special exception in the Community Commercial (CC -2) Zone.
Miklo said Schools of Generalized Instruction are grade schools and high schools that aren't
allowed in the Community Commercial (CC -2) zone to avoid conflicts with school traffic and
retail areas. He said there are CC -2 zones within the city that aren't of a great retail nature, as
well as parts of shopping centers that schools might fit in. He said staff is recommending an
amendment of the Zoning Code to allow the Board of Adjustment on a case by case basis to
consider Schools of Generalized Construction in the (CC -2) zone with the criteria specified in
the staff report that the Board would look at the character of the area and whether it would be
displacing retail; that there's adequate drop -off and pick -up areas to provide for safety; and that
there is adequate pedestrian access for school children.
Eastham asked if a consideration would be the number of students at a location. Miklo said the
Board of Adjustment could look at the specifics and could put conditions on or deny a proposal.
Eastham asked if that could be adjusted in the future if the school attendance grows. Miklo said
that generally a special exception approves a size or a plan, and if the applicant wants to
expand that, they would need to come back before the Board and amend the special exception.
Freerks opened public hearing.
Craig Nierman said he was here on behalf of Parkview Church. He said they had identified the
Southeast Side Neighborhood as one that needed encouragement and outreach. He said they
tried bussing children to their facility on Foster Road, but that was not successful, so they
currently lease a portion of the old Best Buy building. He said the plan is to start a school
beginning with kindergarten and first grade and then increasing grade level each year. He said
for this school to be viable, they need to use an existing building.
Wisdom Nwafor of Parkview Church explained how this school will function.
Swygard asked if this school will be accredited by the State. Nwafor said they plan on getting
that accreditation after the school grows, but they do have regulations they have to comply with.
Eastham asked if the Zoning Code required Schools of Generalized Instruction to be accredited.
Greenwood Hektoen said it does not.
Planning and Zoning Commission
June 6, 2013 - Formal
Page 14 of 16
Steve Kohli of 3129 Dubuque Street reminded the Commission that staff has structured this
amendment to function on a case by case basis.
Freerks closed public hearing.
Eastham moved to recommend approval of amendments to Title 14: Zoning Code to
allow Schools of Generalized Instruction by special exception in the Community
Commercial (CC -2) Zone.
Martin seconded.
Freerks said she was all in favor of having smaller schools peppered throughout the community
that can offer something in the community, in the neighborhood, nearby, or in a commercial
area, re -using structures that otherwise might go unused.
Martin said she thinks this is a brilliant idea to re -use this structure, and it makes so much
sense.
Eastham said although he's supportive of the type of school being proposed, he thinks one the
Commission's responsibilities is to make sure that student safety is considered as well as
surrounding users being considered in terms of a specific location and intensity of use at that
location. He commended both the staff and the applicant for recognizing that those concerns of
safety and access are very real.
A vote was taken and the motion carried 6 -0.
Discussion of amendments to Title 14: Zoning Code to modify the regulations regarding
the spacing of drinking establishments so that the 500 -foot spacing rule would only
apply to the University Impact Area and the Riverfront Crossings District.
Miklo said staff feels these regulations have been effective in preventing additional bars from
opening. He said the ordinance was primarily concerned about downtown, but it applied
citywide. He said there are some areas where the City has been told by potential
restaurant/bars that this has been problematic. He said the City Council asked staff to look at
this question and staff is comfortable recommending this change for areas outside the
University Impact Area and Riverfront Crossings.
Freerks opened public hearing.
Freerks closed public hearing.
Eastham moved to recommend approval of amendments to Title 14: Zoning Code to
modify the regulations regarding the spacing of drinking establishments so that the 500 -
foot spacing rule would only apply to the University Impact Area and the Riverfront
Crossings District.
Martin seconded.
Planning and Zoning Commission
June 6, 2013 - Formal
Page 15 of 16
Freerks said this is how they work with the Code to try to fine tune it in ways that work for the
community, and she thinks this is an example of that. She said she will be voting for it.
Theobald said she will be strongly opposed to it. She said she taught "Alcohol in Your College
Experience" at the University, and said the research shows that controlling the environment in
which the individual is drinking has the largest impact on both the individual and the community.
She said research shows that controlling the number of drinking establishments is not effective
at all in reducing problem drinking. She said in the class she taught, the largest category shared
by the most students was near -death experiences. She said she feels it's not that large of a
community, and there are plenty of drinking establishments. She says she looks at the
University Impact Area as the entire community.
Swygard asked if there have been the same type of problems outside of the impact area but
where there are still establishments serving drinks. Miklo said if an establishment closes at or
before midnight, they are considered a restaurant, and if they are open past midnight they are
considered alcohol - related.
Freerks said she lives close to downtown and has seen some incredible alcohol - related sights,
but she said most of those people get their alcohol at home, so she thinks it goes well beyond
establishments serving alcohol. Theobald said there are livability standards in a community and
one of those is measured by how many drinking establishments, both in -house and out of house
a community has.
Eastham said he is uncertain about what actually clearly contributes to young people over using
alcohol, and certainly one of those factors is access. He said he is less inclined to restrict the
use of the 500 foot rule to just a smaller area of the community.
A vote was taken and the motion was denied 2 -4 with Freerks and Martin opposed.
Consideration of Meeting Minutes: May 16, 2013
Eastham moved to approve the minutes of May 16, 2013.
Martin seconded.
A vote was taken and the motion carried 6-0.
OTHER
ADJOURNMENT:
Martin moved to adjourn.
Swygard seconded.
The meeting was adjourned on a 6 -0 vote.
Z
O
N
rn
O
V
0
Z_
Z
N
06
Z_
Z
Z
J
CL
O
V
W
w
W
U
Z
D
Z
W
H
Q
M
T"
0
N
N
0
N
0
Z
F=
w
w
O
LL
�XXxXXX0;
�Xxxxxxxi
QXXOXXXX
0
LnXXXXXXX;
Nxxxxxxx
Go
4
%-xxxxx
,
x
Nxxxxxxx
4xxxxx
qq ;oXxxxxx
;
xx
NXXXXX
r
;
XX
M
x
X
X
X-
X
X
T"
MWXXXX
x
NXXXXX
r
�x
o-
XXXXX-
NXXXXX
;
XX
NXXXXX
O)
o
;
XX
r
-XXXXX
,xxxxxX�
I
XX
CIO)
tC
NXXXXX
;
XX
r
�0XXXX00
Ln
�
xxxxx
ZExXXXXXX
;
xx
0o
-
xxxxx;xx
MXXXxxxx
oo
M
I-
Lo
Lo
M
wmm0U')0LO
WX0000000
oxxxxx
LO
;
wX
�—
O
w
�
Q
Z
�W
CpCflMf��o011')M
Z
J
0VQ
=
=aO2
Wn.LnLn�in
=
''''
LnLnLnLn
�XOOOO0000
Q��ao
W
Q
WeHW�0mI-
W
Q
2
N
W
Q
ZGWLL2u)I
e
Q
w
J
Z
w
Z
M
0
Q=
J
0U
X
w
Q
CL
00
w
'�
E-
U�ZQI=
W
-Q
=w
Q
ZGWLL.2N-H�:
>.
QjQ
O
O
Z
F=
W
W
O
LL
Z
0
�XxXxxxx
QXXOXXXX
Nxxxxxxx
Nxxxxxxx
qq ;oXxxxxx
r
N
x
X
X
X-
X
X
T"
M
Nxxxxxxx
r
o-
XXXXX-
O)
o
0XXX0
,xxxxxX�
CIO)
XXXx�X�
�0XXXX00
ZExXXXXXX
MXXXxxxx
M
I-
Lo
Lo
M
wmm0U')0LO
WX0000000
LO
0
W
w
�
Q
Z
M:)
Z
J
0VQ
=
=aO2
Q
=
Q��ao
Q
WeHW�0mI-
Q
2
N
W
Q
ZGWLL2u)I
e
Q
ww
-�
.a
U -0
x E
W
CU
l al co co O
X
ii II II
0 w i
} 0
w
Y
CITY OF IOWA CITY '2b(11)-
MEMORANDUM
Date: July 17, 2013
To: Mayor and City Council
From: Staff Member of Police Citizens Review Board
Re: Recommendation from Police Citizens Review Board
At their May 29, 2013 meeting the Police Citizens Review Board made the following
recommendation to the City Council:
1) Accept PCRB Community Forum Summary
2) Accept PCRB Report on Complaint #13 -03
Additional action (check one)
X No further action needed
Board or Commission is requesting Council direction
Agenda item will be prepared by staff for Council action
S:RECform.doc
FINAL/APPROVED
POLICE CITIZENS REVIEW BOARD
MINUTES — May 29, 2013
CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 5:30 P.M.
MEMBERS PRESENT: Kingsley Botchway (5:32pm), Melissa Jensen, Donald King, and
Royceann Porter (5:36pm)
MEMBERS ABSENT: None
STAFF PRESENT: Staff Kellie Tuttle and Catherine Pugh
STAFF ABSENT: None
OTHERS PRESENT: Sgt. Chris Akers of the ICPD
RECOMMENDATIONS TO COUNCIL
1) Accept PCRB Community Forum Summary
2) Accept PCRB Report on Complaint #13 -03
CONSENT
CALENDAR Motion by King, seconded by Jensen to adopt the consent calendar as
presented or amended.
• Minutes of the meeting on 04/16/13
• Minutes of the meeting on 04/23/13
• Minutes of the meeting on 04/29/13
• ICPD Memorandum #13 -07 (1st Quarter 2013 Use of Force Review)
• ICPD Use of Force Report — January 2013
• ICPD Use of Force Report — February 2013
• ICPD Use of Force Report — March 2013
Motion carried, 3/0, Botchway and Porter absent.
NEW BUSINESS None.
OLD BUSINESS Community Forum — The Board reviewed the draft of the forum summary
report.
Motion by King, seconded by Jensen to accept the draft and forward to City
Council.
Motion carried, 4/0, Porter absent.
BOARD INFORMATION None.
STAFF INFORMATION None.
PUBLIC DISCUSSION None.
PCRB
May 29, 2013
Page 2
EXECUTIVE
SESSION Motion by King, seconded by Jensen to adjourn into Executive Session based
on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which
are required or authorized by state or federal law to be kept confidential or to
be kept confidential as a condition for that government body's possession or
continued receipt of federal funds, and 22.7(11) personal information in
confidential personnel records of public bodies including but not limited to
cities, boards of supervisors and school districts, and 22 -7(5) police officer
investigative reports, except where disclosure is authorized elsewhere in the
Code; and 22.7(18) Communications not required by law, rule or procedure
that are made to a government body or to any of its employees by identified
persons outside of government, to the extent that the government body
receiving those communications from such persons outside of government
could reasonably believe that those persons would be discouraged from
making them to that government body if they were available for general public
examination.
Motion carried, 4/0, Porter absent. Open session adjourned at 5:33 P.M.
REGULAR
SESSION Returned to open session at 5:37 P.M.
Motion by Jensen, seconded by Botchway to summarily dismiss PCRB
Complaint #13 -03 due to the complaint not being filed within 90 days of the
alleged misconduct.
Motion carried, 5/0.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• June 11, 2013, 5:30 PM, Helling Conference Rm (meeting date TBD)
• July 9, 2013, 5:30 PM, Helling Conference Rm
• August 13, 2013, 5:30 PM, Helling Conference Rm
• September 10, 2013, 5:30 PM, Helling Conference Rm
• October 8, 2013, 5:30 PM, Helling Conference Rm
Due to the timeline for receiving the Chief's report on PCRB Complaint
#13 -01, the June 11th meeting will be moved to a later date. Staff is checking
on meeting room availability for the following weeks in June.
ADJOURNMENT Motion for adjournment by King, seconded by Jensen.
Motion carried, 5/0.
Meeting adjourned at 5:43 P.M.
ow
y
la
N
N
O
U
b
0
r
n
r
n
YAM
Fy�l
C
�l
CD
A
y
y
ICI
QQ
W
01
W
Vl
01
�I
H
N
>C
yC
yC
�C
yC
C�7
O
r+
N
a
a
a
a
a
A
C17
rr]
00
tj
as
ON
A
W
y
la
N
N
O
U
b
0
r
n
r
n
YAM
Fy�l
C
�l
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240 -1826
(319) 356 -5041
May 29, 2013
Iowa City City Council
City of Iowa City
410 E. Washington St.
Iowa City, Iowa 52240
Re: Police Citizen Review Board's Annual Community Forum Conducted April 23, 2013
To: Whom It May Concern
The Police Citizen Review Board held its annual forum at the Iowa City Public Library in Room A at 6:00
p.m. Board members present were Joe Treloar — Chairperson, Melissa Jensen -Vice Chairperson, Don
King, Royceann Porter, and Kingsley Botchway. The Board's legal counsel, Catherine Pugh was also
present.
The Chairperson called the forum to order, shared a welcome with the attendees, and the forum was
opened to the public for questions.
The Board was asked about what training the Iowa City Police Department received in regards to service
dog awareness. The individual stated she believed the police officers did not have a good understanding
of service dogs and what they do. The discussion regarding the use of service dogs continued for a short
period of time. Chairperson Treloar agreed to contact the police department and find out.
A member of the public inquired what comments the Board had about the recent report and
recommendations to the Iowa City City Council from the Ad Hoc Diversity Committee. Member
Botchway commented that one of the Diversity Committee's goals was for there to be a little more
transparency. Chairperson Treloar stated the Board was waiting for recommendations from the City
Council before commenting. The individual inquired about the format of the Board and whether it
encouraged the public to make reports. A brief discussion followed. Ms. Pugh commented that the
Board is limited by State law, and those changes would have to be made at the legislative level. An
additional discussion followed regarding how the Board was structured, and complaints were handled.
Member Botchway commented he would like to see the Board have more impact.
Johnson County Attorney, Janet Lyness, in attendance, commented that if people had concerns with
other law enforcement agencies, they could contact that department directly and share their concerns.
All of the departments, including Iowa City have internal affairs departments. Lyness encourage to
make reports if there are concerns, as departments take the concerns seriously. Chairperson Treloar
also encourage people, if they are interested, to get involved in the Citizens Police Academy which
occurs each year.
With no further questions or comments, a motion for adjournment was raised by Botchway, and
seconded by Jensen, and voted 5 -0 to adjourn.
Adjournment 6:43pm
��j KT
I � l lei J'C % �✓�
Melissa Jensen
Vice Chairperson
Police Citizen Review Board
Transcriptions attached.
Forum agenda, minutes, transcriptions, correspondence, and handouts are all available on the
City website. (www.icizov.org)
April 23, 2013 Iowa City Police Citizens Review Board Public Forum Page 1
Members Present: Melissa Jensen, Royceann Porter, Joseph Treloar, Kingsley Botchway II,
Donald King
Staff Present: Catherine Pugh
Public Forum:
Treloar/ Well I'm going to call the meeting of the Iowa City Police Citizens Review Board to
order. (several talking off mic) We're going to open it up for comments from the floor.
That's pretty much the whole jest of the meeting tonight. Yeah. So, uh, roll call. Don
King.
King/ Present.
Treloar/ Melissa Jensen.
Jensen/ Here.
Treloar/ Um, Kingsley Botchway.
Botchway/ Here.
Treloar/ Royceann Porter.
Porter/ Here.
Treloar/ Joe Treloar. Here.
Treloar/ Catherine Pugh.
Pugh/ Here.
Treloar/ Okay. Um ... the purpose of our meeting tonight is our annual public forum. Uh,
we ... we're going to open up the floor to questions. We do have Janet Lyness from
the ... the County Attorney. Um, we've had questions in the past concerning, uh, officers'
rights, or citizens' rights when they're stopped by the police, when they're questioned,
detained, things like that. And, uh, we've asked Janet Lyness, who's graciously offered
to come and address those questions as the Chief Law Enforcement Officer in the area.
So we get ... get good information! Janet, would ... um, so if there are any questions for
Janet Lyness concerning, um, your rights as a citizen when you're stopped or detained or
searched by the police, now would be a good time to address those. Do we have any
questions? (several talking) Anybody has any questions we're ... we're going to ask that
you come up to the mic, state your name and sign in, and then ask your question.
(several talking away from mic) Oh, yes. Um ... this ... broad ... this is being taped for
rebroadcast on the City Channel 4 at a later date. Um ... and ... so bear that in mind.
This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review
Board public forum of April 23, 2013.
April 23, 2013 Iowa City Police Citizens Review Board Public Forum Page 2
Moore/ Hi everyone! I'm Cat Moore and...
Treloar/ Actually step ... that microphone right there, so you can sign in (laughter and several
talking) I'm sorry!
Moore/ (mumbled) Okay, so this is the one I'll be using?
Treloar/ Yes!
Moore/ Okay! Hello. My name is Cat Moore. That's my art name and my activist name.
That's people in the community who know me as an artist and a person who works to...
secure rights for people, make sure that they have their rights. They know me by that
name. Otherwise, my name is Catherine. Um ... one of the things that I'd like to ask
about tonight is there seems ... I want to know have the police specifically been trained in,
when it comes to sensitivity with the service animals. Um, I know that this isn't a ... I had
a, it wasn't an incident, but... frequently when I ... I have multiple sclerosis and I have two
service dogs that help me, and when the, uh, ambulance people came, um, they were fine
cause they'd seen `em before. The particular officer that came hadn't seen them before,
and this was one of those times when my dogs would not release to ... would not stop,
cause their thing is mobility for me, make sure I'm safe and that, and until they are
comfortable with the people who were there, that they can take care of me, then they will
back away and lay down. But the only person who had a problem with them, um, was
the police officer and... and it's like, oh, will it bite? And I think that's a reasonable
question when your service dog is a Rottweiler or a Doberman, which mine are. But
those are the kind I have and that's what I need cause for the strength and the confidence,
and independent thinking. But what I want to know is like, okay, if that had also
happened on the street, most of the time when I'm out walking, everybody wants to pet
and you're not supposed to pet. You ... but you can ask your, you know .... I want to know
like if, um, an incident where ... I've had another time when I had to call an officer to the
house because there was a problem with, uh ... with a gentleman, and um, my husband
was not at home, and um, I couldn't get them to leave but we were in the house.
Anyway, as soon as the officer came I had him come in, as soon as he saw my dogs, first
thing he did was like pull his gun, like that, and it's like ... what in the world, and
increasingly for those of us who are service animal team advocates we're seeing more
and more incidents like that where people get so afraid of an animal, um, and part of
what, I mean, if this is correctly, if it is indeed a service animal, it is not going to attack.
It is not going to act aggressive. It is not going to do that, but if a big muscled dog just
moves its muscle, that doesn't mean you need to shoot it. You know? I'm just
wondering in terms of sensitivity, that's the kind of thing that I would like to make sure
that people ... that needs to be on -going training. On- going. Cause you keep hearing
incidents, etc., and you know, it's no one dog. The dogs that terrorize us usually when
we go out are terriers, Yorkshire terriers, Cairn terriers, miniature poodles, anything
that's little with four legs and is only that tall. And they're never on a leash and they're
always bugging us. Does anyone want to respond to what I said or...
This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review
Board public forum of April 23, 2013.
April 23, 2013 Iowa City Police Citizens Review Board Public Forum Page 3
King/ Does that say like `working dog,' `don't touch,' or something ... I know they have ... I don't
know, placards or vests that the dogs wear.
Moore/ Yeah, but you (both talking)
King/ ...readily identify the dog as a working dog. I mean, if I came up and there was a German
shepherd or a Rottweiler and, um ... I ... I may think twice (laughs) approaching!
Moore/ Well, you should always think twice!
King/ ...um, but if...and some of the ... say, "Don't! It's a working dog. Do not touch," you
know, so ... let the kids know (both talking) the dog's working. The dog's actually
working. (unable to hear person away from mic)
Sherry Christoffer / (away from mic, difficult to hear) ...public library (mumbled) doing that this
Thursday (mumbled) the children here at story hour about service dogs. I've been doing
that for the last eight years and ... I have educated the Johnson County ambulance service
and the transit drivers, but I've tried to educate the police officers, cause of incidents, but
they refuse. Sam Hargadine said I have no interest in hiring her to come and educate my
officers. So, that has (mumbled)
King / And I know, wasn't it a couple of years ago ... that that was brought up, um ... was there
a ... complaint? Um ... that one of the officers, I don't know, they treated a dog badly or
wasn't familiar with the ... the working dog, um ... and it was brought to the Chief's
attention, and they have on -going training (several responding) and I'm not sure ... I know
a lot of the in- service training that they have, they do it maybe at roll call. It's like a 15-
minute, uh, video or something on... say the working dog, or a 15- minute video on use of
your sirens. I know a lot of that is in- service, in -house type of thing, um, when we talked
to the Chief, and I think it was at the forum a couple of years ago, that that was brought
up, and it was ... um, there was an officer in the audience and said that they do have, uh,
sensitivity training for the dogs, uh, for working dogs. And ... and people with working
dogs.
Moore/ Okay.
King/ Um ... whether they, um, need `em for... some... mentally challenged people have a dog as
a companion for `em, to help them relax. Um ... yours, like you say, helps stabilize you.
So, I...I know that they do have in- service training. I don't know who puts it on, um, but
um, that was brought up two years ago.
Moore/ Okay.
King/ And I know that that was, uh, put out that they do have sensitivity training for, uh, working
dogs.
This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review
Board public forum of April 23, 2013.
April 23, 2013 Iowa City Police Citizens Review Board Public Forum Page 4
Moore/ We just want to make sure to keep an open dialogue on that, because there's often, you
know, officers and stuff coming in and out all the time, and to answer one question of
yours though, um, under law, federal law, you're not required with a service dog, a
service animal, team cause now under the ... um ... under the DOJ rules, the only service
animals are dogs and miniature horses. So you can use miniature horses, um, and I
would love to get some in this area (laughter) cause I think they're... they'd be really,
cause they, you know, they live longer, they're tiny ... they're not very big. They really
are a miniature horse. (several responding) So you get one, you need to get two, and
you're not supposed to bring them in the house and put them in the bed with you, but like
your dog did follow you all around the house all day long, everywhere you go. But, um,
but those are the only ones that are recognized, but it is not required by law to have a, uh,
a vest on. You're not required to wear a cape. You're not required to, what you are
required to do, however, if a person stops you and they ask you, you know, like for
instance if I was going to go into a business. And let's say someone else was there, um,
and they were wondering, "What is this dog doing here ?" So they can ask one of the...
the people who's on staff. They come ask me, you know, is this a service animal?
(person responding) Is this ... is this a working animal? And then the other question that
they can ask is, "What service does this animal perform for you ?" (person responding)
And then that's it. So ... that's ... and ... it's becoming a ... a problem we're hearing in the
neighborhood as some of us who do a lot of service animal work on the internet are
hearing more and more about this, uh, people who are ... going and getting little cards
saying that they have a service animal. They're actually going to the sites, places where
we go and buy capes, jackets, and things like that. Purchase those so that way I can get
on the bus because this is my service dog. And you know you get on there and I've got
my dog and it's not ... I'm not talking about a good obedience trained dog. I'm talking
about somebody who doesn't get enough exercise, probably has too much protein in their
diet, probably gets played with aggressively, and then I'm getting on a city bus with him.
That ... that is not a service animal, and the problem is there's no way for the driver to
know. (people responding)
King/ That ... that's what I was ... wasn't saying that it was (mumbled) I'm just suggesting that,
you know, it would eliminate some of that, um, and I ... you know, I know sometimes you
don't want your dog to be notified ... to be noticed like that ... that, but if you go into a
restaurant or something and they're going to ask you, it might be, uh, probably a little
elimination if they see this vest that says `service animal' or `service dog' or something
on it.
Moore/ Most of the service animals we train, you know, like you bring ... bring your animal in
that's going to come and sit right there. Now like my Doberman likes, he's very
attractive. He's handsome. He likes women, you know, like a lot of men do, but usually
two - footed women instead of just four- footed women. So they come; he'll come in; he'll
sit upon the chair and he'll just look around, see who's looking at him. I don't know why
male dogs do that. My male Rottweiler's have done it, male Doberman does it. But they
just think they look good and they want to make sure (laughter) you catch their best
profile. You know, but normally, they go ... they go underneath, they go down, just like if
you were on a plane. They go down, and the whole thing in the training is to be
This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review
Board public forum of April 23, 2013.
April 23, 2013 Iowa City Police Citizens Review Board Public Forum Page 5
unobtrusive. (person responds) Always! You know, you're there to help, you're not
there to obstruct.
Treloar/ If you'd like I'd ... I'd be more than happy to contact the Chief or probably Officer Wyss
and find out what their most recent training is, what that entails, and get back to you on
that. (both talking)
Moore/ That would be cool! That would be cool. Want me to put email address on here?
Treloar/ That'd be great!
Christoffer/ (unable to hear away from mic) ... sensitivity training too. (person responds) The
actual (mumbled) on a video.
Jensen/ Ma'am? If you could use the mic. The only reason I ... we ask that is that way it'll, the
audio, everybody can hear it.
Treloar/ People on TV will be able to hear you (laughter) (both talking)
Moore/ (several talking) yeah, we just want to make sure that there continues to be an open
dialogue, not...
Treloar/ Sure!
Moore/ And a ... not a closed door.
Christoffer/ Yeah, just to make sure, I'm Sherry Christoffer, and I'm on the Coalition for Persons
With Disabilities and I'm a educator and advocator about service dogs especially and...
my whole thing is to make sure that we have the sensitivity training that all our, um...
that our service people are educated, trained to proficiency on the ins and outs on how to
identify a service dog, and to identify fakers of service dogs, and I would be more than
happy to come in and do the educating or be a part of it, and I'm sure we could get other
people ... to help out. So, that's what I would like to see more of in the community and
then I think that would help clear up some of the ... I don't know ... ties that we might have
with the police or other service people in the community. (several talking)
Moore/ ...good strong well - trained, uh, dog that's gone through obedience training, whether it's
owner trained or gone through one of the groups, like the Dog Obedience Club or Spot
and Company, uh, Sue Pearson's. They're ... you know, I mean, that's a different.
They're coming in just like a show dog. You'll know from the body language etc. that
it's been trained. That's going to be very different. (people responding) you know.
Treloar/ Well and service dogs are used in so many more areas than ever used to be. I mean
there's even, um, service dogs for diabetics.
Moore/ Yeah!
This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review
Board public forum of April 23, 2013.
April 23, 2013 Iowa City Police Citizens Review Board Public Forum Page 6
Treloar/ ...they can sense low blood sugar incidents coming on and ... I mean ... I would guess
that could even be a relatively small dog that you would never guess would be a service
dog (laughs)
Moore/ Well there's some people that have been having problems. One of the groups I belong to
has, um, it's for small service dogs, service animals, and they're dogs primarily, of
course, and they're ... a lot of people have little Chihuahuas and the little vests and for
some reason every time they go to Walmart, the people are getting confronted when they
come in. It's like, you're kidding me. That's not a service animal! Oh no, that's not a
service animal, and... often times depending upon the need, could be anything from a
psychiatric service animal to ... could actually be one that could alert for something else,
or let's just say you just don't dare put `em down ... so that they could get stepped on.
(person responding) so ... does anyone else have a comment or something they want to
make? Okay.
Treloar/ Thank you so much!
Moore/ Thank you. We don't bite! (laughter) And I'm the President of the Johnson County
Coalition for People With Disabilities. Always welcome (unable to hear, away from mic)
Treloar/ Do we have any other questions, concerns from the community?
Harper/ Hi, uh, my name is Nicholas Harper. I'm a third -year law student at the University of
Iowa College of Law. Um ... I've been a resident here at, uh, Iowa City for three years.
Um, as a law student I'm very interested in the Police Citizens Review Board. Um, I had
a couple questions about, um, some ... uh, articles that I had seen the titles of in
newspapers recently, but I hadn't actually read the articles and ... and just wondered what
...what comments you might have about, um ... those articles. Um ... one thing that I saw
is that, urn ... I guess there was a minority community, um, kind of, um ... I guess a
committee that was put together that was supposed to study and discuss the interaction
between the minority community and the police enforcement. And I know that some of
their recommendations regarded the, um, the review board and I was wondering, um,
what your thoughts were on, um, any results of that, um, committee report, if you... if you
know of it, um, and... any thoughts you might have on its comments towards (mumbled)
specific.
Botchway/ So can you just repeat that last question as far as every, all the different things you
said?
Harper/ (laughs) Sorry! Um, just... specifically, urn ... I know that some of the recommendations
or at least the conclusions of the report referred specifically to the review board, and I
was wondering if, um, you guys had any comments or plans, um, regarding those
conclusions of the committee?
This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review
Board public forum of April 23, 2013.
April 23, 2013 Iowa City Police Citizens Review Board Public Forum Page 7
Botchway/ Well I don't think the committee's talked about, um, the things that were
recommended by the Diversity Committee, um, I think ... being on the Diversity
Committee I think one of the main goals was just to, um, have a little more transparency,
um, and... show the public a little more trust as far as, um, how the PCRB was conducted
or just how they felt. I know that Orville, who was on the committee, had the idea as far
as having other people participate, um, in the process as far as the complaint process to
give that legitimacy to the public that, um, other people's eyes were on it. I know two of
the things were inviting the City Manager to be a part of the interview process, um, for
the complainant, as well as, um, the Human Rights division, as well, you know, having
that aspect in there, um, just giving another, you know, having another organization to
kind of promote that trust, but again I'm not sure what the committee's kind of talked
about. I think it's just something that still needs a lot more parts to come together and
make some of those changes that ... have uh, been recommended.
Treloar/ Kind of where we're at at this point is the recommendation has been made, it's being
submitted to City Council. They haven't acted on it yet and ... we ... we operate under the
guise of the City Council so ... we're going to wait to see what they have to say and ... if
they have recommendations for us, based on their review of the report.
Harper/ Okay. Uh, and then... um, I noticed that the Human Rights Commission, uh, also, urn...
made a motion to the City Council about the board and reviewing the board and its
model, and I was wondering if you had any comments on that?
Treloar/ I don't at this time. Does anybody else?
Pugh/ I think the Diversity Committee's work was as a result of that, that motion. So that... um,
was, that request was made to the City Council. Then they appointed the Diversity
Committee to examine, not only the PCRB, but several other aspects in the community,
and so now they've made their recommendations. The City Council will consider those
and then ... then their orders will come back to the committee and to the various other
entities within the City for what changes they would like to see to ... to do a better job!
Harper/ Um, and I ... um ... sorry (mumbled) Uh, just had I guess, urn ... I ... disclosure, I recently
interned with, uh, Student Legal Services at the University of Iowa, um, and so, um, I met
lots of students, urn ... a few students who had, um, encounters with officers that, um, they
were concerned about, um, and that concerns me, urn ... and I always offered that they
were more than welcome to file a report with the Police Citizens Review Board. Um,
sometimes they were not ... they didn't want to, they were resistant to that. Urn ... and I'm
not sure whether that was because they felt like they ... there might be some kind of, um...
I don't know what the word is but, you know (mumbled) they were afraid of something
coming back to them, um. ... and I ... also ... I was wondering if the ... if the form itself and
the model of the review (mumbled) review board, um, do you believe it's conducive to
encouraging citizens to make reports? Or do you think that it is perhaps intimidating in
some ways, um, to people who are already vulnerable because they believe that their
rights have been violated?
This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review
Board public forum of April 23, 2013.
April 23, 2013 Iowa City Police Citizens Review Board Public Forum Page 8
Treloar/ I'm not personally familiar with how it might be intimidating, um, if there's ... if
somebody, you know, would give me some comment on that, I'd certainly look into that.
We do make the forms available at the Library here, um, at the Broadway Neighborhood
Center, and other locations around town, um, with it in mind that some people might be
intimidated by going to the Police Department to file a complaint. Um, we've also... we
held one of our first public forums, well, not our first, but we held one of our public
forums at the City Hall and, uh, there was concern that that might be intimidating to
people because it was in such close proximity to the Police Department. So that's why
we've chosen different avenues like here at the Public Library. We've met at The Spot,
things like that. Um ... we ... we do try and address, you know, people's apprehension.
Another thing to bear in mind is, we're the Police Citizens Review Board for the Iowa
City Police Department only. So complaints...
Harper/ Not the University of Iowa.
Treloar/ (mumbled) University of Iowa, Johnson County, those... those...
Harper / Right.
Treloar/ ...those would not come before us. So...
Pugh/ And we're always, the Committee is ... uh, always willing to hear suggestions, um, you
know, if there are ideas the public has to make it a less intimidating procedure, uh, I think
the City Council would be very interested in hearing those ideas and the Commission
would certainly be interested in hearing those ideas, as well.
Harper/ Okay! Um, one question specifically I had about the form. (mumbled) I noticed that
when somebody makes a report, urn ... a supervisor or investigator from the Police
Department contacts the complainant. (person responds) Um ... I was wondering if you
could tell me ... why the, why the process is set up that way and do you think that ... is that
in itself perhaps intimidating, um, because perhaps some people come to the Citizens
Review Board because they have a distrust for police officers in general, um, or they
have had bad experiences with the police department in general, and ... that any
interaction even with a supervisor, um, might be intimidating to them.
Pugh/ Um, this is a subject that we covered rather extensively last year and, um, because
it's ... it's a little hard to understand why it is set up this way. Uh, it's a result of both
federal and state law that's in place, as to why it's investigated by the Police Department.
If the ... if the PCRB investigated the complaints, the PCRB would have no access to the
officer's side of the story. So the only way that a full investigation can take place is for
the Police Department to investigate the complaints, both from the complainant's side
and from the officer's side, so that they can get both sides of the story. Now that is one
issue that's being explored as to whether perhaps there would be, um, a member of the
PCRB at such an interview or the City Manager, um, trying to, you know, create more
checks and balances, um ... as a community we've got a lot of faith in our police
department, but certainly, you know, somebody who's got a complaint, who feels they've
This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review
Board public forum of April 23, 2013.
April 23, 2013 Iowa City Police Citizens Review Board Public Forum Page 9
been treated unfairly, they've got another layer involved there, and we're trying to
recognize that and come up with ways to make that a little more user friendly, um, but the
reason that that procedure is in place that way, it's just due to the ... the state and federal
laws that are restraining how we can ... how we can operate.
Harper/ Okay. Urn ... I thought I had another question but I blanked so, um, but thank you for
your answers. It's very helpful!
Treloar/ Thank you for your questions, and if you do think of your question later, please come
back (mumbled). Do we have any other questions or comments from the public? (unable
to hear person away from mic) Could you come up to the mic so the people on TV can
hear too please (laughs).
Moore/ You know, for most people any kind of contact with, um, authority figures ... for most
people any kind of contact with authority figures can be intimidating, and um, our police
who we have here to serve and protect, they also educate. They do a lot of things, um,
for us. There's also people who feel, like you know, some people are criminals. Some
people, I don't know, maybe they stole a sock from their husband's drawer, like I usually
do, um, and um... and... and have that on today so they (mumbled) guilt comes over them
when they see the officers. I don't know, but the ... part of one of the things that I've
always seen as a problem with the Police Citizen Review Board is the fact that the
powers are so limited. It's like limited civil administrator review powers. (mumbled) no
power, no authority. I mean, there ... okay, we look at this, we say here's a problem.
We're going to ... this is a problem that's been brought to our attention and then what,
takes what, three months usually before it gets run through? Or taken care of? (person
responds) And, um ... also ... I guess in that time you have to make sure not only the rights
of the person who's filing the complaint, but the rights of the officer who may
be ... they're complaining about, both have civil rights. It's just a ... it seems like it's too
slow and my biggest thing has always been with the PCRB is that ... why do you have a
Citizens Review Board that's supposed to be interacting or have some kind of say about
what happens with, um, how the police conduct themselves in the community. But you
have no teeth. No teeth at all!
Pugh/ And again, that's just ... we're limited by state law. That's not something that ... we have
any say in. That's not something that the City Council can change. It just ... that would
have to go to the legislature.
Moore/ So that means it'd have to go to like Senator Grassley or Harkin or go to Loebsack, talk
to them about that. I don't think ... I'm not advocating for people who do not have...
experience with the law to take it upon themselves to practice the law. I'm not saying
that. I'm just saying that things need to be more... expo... they need to expedite, come a
little bit faster. I don't know, uh, Janet, you would know better about whether that can be
done and still offer ... rights for both people, cause I ... cause that's the frustration. That is
a real frustration. Cause both people do have rights. Um ... but ... why have a Citizens
Review Board that has no teeth? Um ... you make recommendations and then it can get
This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review
Board public forum of April 23, 2013.
April 23, 2013 Iowa City Police Citizens Review Board Public Forum Page 10
...go ahead and it's shot down, um, by the Chief of Police, even who's appointed to the
Police Citizens Review Board has to go through the Chief of Police.
Pugh/ Well actually no. That ... that's determined by the Council.
Moore/ Oh, really?
Pugh/ Uh huh. The Council appoints the members of the commission.
Moore/ Oh, okay!
Pugh/ And ... also, the ... the board's recommendations go to Council.
Moore/ The City Council?
Pugh/ Correct! Right, so it's not like (both talking) to the Chief. Um ... the Council reviews `em
and if there are recommendations that the board makes, they'll look into it and, I mean,
they have the power then to make changes.
Moore/ Cause we're not, I'm not really talking about the criminal things. I'm talking about more
civil than anything else. (person responds) Okay. Well, there we have it.
Treloar/ Um ... I ... I've heard the complaint that the board has no teeth a lot, but and ... I
understand their frustration. I would argue though that the board does have effect. One
of the, uh, very powerful things that the board does is it ... brings citizens, such as
yourself, and gives them an opportunity to express their concerns about the police
department, the way they thing ... think things should run, and they should ... the ways they
should be treated, and kind of gives a, uh... an overall expectation from the public of what
they expect from their police department.
Moore/ Uh huh.
Treloar/ And that's... that's a good strong message. It also (mumbled) brings these investigations
in front of the Chief and, uh, they ultimately go in front of the Council, and ... it requires
accountability, which is very powerful. So we've got ... a process where, um ... the
citizens for lack of better terms can say this isn't right or this is what we expect from you,
the police department, and ... then a review process where this is conveyed to the officers
this is what is expected of your behavior when you do your job. Um ... I think it's worth
noting too that our officers wear microphones and they have...
Moore/ Oh yeah!
Treloar/ ... and they have the cameras and I think that's very noticeably effective, I mean... in
viewing some of these tapes, um ... it's obvious that they know that they're going to be
held accountable for how they behave, and they behave accordingly!
This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review
Board public forum of April. 23, 2013.
April 23, 2013 Iowa City Police Citizens Review Board Public Forum Page 11
Moore/ Yes, obvious for some! But for others things seem to disappear. You know? And also I
wanted to make a comment about the police. They're ... the police (mumbled) for their
expectation, the fact that you exist, the Citizens Review Board, it's not just our
expectations of the police. But for us as the public, they should be able to expect certain
things from us, like for instance that officer who was, uh, choked over on... Burlington
Street. I was so angry when I saw that. People went right by. Nobody even called it in!
What right, you know, we have an expectation. They should have an expectation of... of,
from us of not only respect or of support, they should at least of called that in, and, you
know, that's ... it does work two ways. It's not just a one -way thing. (person responds)
Treloar/ The police department does work most effectively when ... when they have the support
and cooperation from t he community because... there's just so many more eyes and ears
out to report what's going on and it's a win -win situation when you have that kind of
relationship.
Moore/ Uh -huh.
Treloar/ Um ... I ... it's timely and key that this recent incident in Boston. It's on the main, uh,
evidence was gathered by citizens' cameras. Citizens turned in this information. They
worked with the police department. They helped resolve the situation in a timely manner,
to the betterment of all! And ... I think that's fantastic, getting the public involved in
helping the police, and the police depending on the public for support. That's the best of
all worlds.
Moore/ I mean, there is that but there's a science fiction movie called "Equilibrium." Sometime
I'm going to suggest that you have a look at that (several responding) Um ... Christian
Bales is in it. He's had his teeth done. He's a superstar police officer, you know, he can
do the catena and numchucks and everything! You know, but ... at that point, everywhere
you go in that society there's eyes. That's, you know, that's been a problem too. There's
eyes looking. People taking these pictures all over the place. And invading privacy too.
But you know I give you your point.
Treloar/ Thank you (several talking)
Botchway/ I want to make one more comment kind of to what you were saying.
Moore/ Okay!
Botchway/ One, "Equilibrium" is a ... amazing movie!
Moore/ Yeah!
Botchway/ I've seen it a couple of times! (laughter) Um, actually came before the "Matrix" I
think and so I...
Moore/ Yeah, it did!
This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review
Board public forum of April 23, 2013.
April 23, 2013 Iowa City Police Citizens Review Board Public Forum Page 12
Botchway/ ...yeah, well in that ... but as far as your comment about teeth I do agree with you.
Does need to happen both ways. Um, specifically, urn ... can't remember the gentleman
that was just up here when he talked about, um, just students that were, um, saying that
they felt intimidated. You know, I think those type of things go underreported, um,
possibly, and ... I'd like to see more complaints. I'd like to see more complaints with
actual teeth, where you know, there was an actual violation, um, legitimate violation that
occurred, so the board can present a recommendation to City Council that makes some
change. I...I think the public obviously is feeling some type of way about how the police
are acting, but there's no documentation.
Moore/ Uh -huh.
Botchway/ I mean, I'm all about a paper trail, not that I don't ... yeah, I'm all about a paper trail,
and I like to see that type of, urn ... you know, aggression or public outcry sort of tunneled
into more complaints about what's going on so, you know, some of these comments that
students are making are actually bearing some teeth.
Moore/ They're backed up by evidence.
Botchway/ Right.
Moore/ ...as you said before, cause otherwise it just sounds like wh000, the Wicked Witch! You
know! I'm going to leave if you guys don't mind (mumbled) (laughter)
Treloar/ Thank you so much! Any other comments, questions? Thank you. I'm going to give it
another minute just in case somebody else wants to say anything or ... (unable to hear
person away from mic) We'll give it to Janet Lyness to (both talking)
Lyness/ Yeah, Janet Lyness. Um, just to let people know too since this is going to be, um,
broadcast probably, if there is a complaint, I mean, the Iowa City Citizens, the Police
Citizens Review Board is one place to make complaints. Everybody should also know
that all the other law enforcement agencies, if you make a ... if you're dealing with
University police or Coralville or Johnson County Sheriff s Office or North Liberty, you
can certainly call that department and make ... and register a complaint with them. All of
them have internal affairs, uh, kinds of review, and so they will do an investigation, so if
you have a complaint about University police, definitely call University police...
University police has quite a few chains of command, up to the President at the
University of Iowa and then the Board of Regents and then the Governor. So, there's a
lot of steps along the way too to make those complaints. So if you, um, do have a
compliant outside of Iowa City, or even within Iowa City, don't hesitate to call, uh, the
Iowa City Police Department, as well, um, as was mentioned it's like most of the law
enforcement officers have, um, cameras in the cars, so if there's something that can be,
that was recorded, they will certainly take a look at that. Uh, University police I think are
actually a lot of them are wearing cameras on their person as they're out patrolling. So
that's something that could be checked as well, urn ... so the police are doing a lot more,
This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review
Board public forum of April 23, 2013.
April 23, 2013 Iowa City Police Citizens Review Board Public Forum Page 13
recording when they're interviewing people within, um, an interview room. There should
be a recording of that too so there's going to be more and more ways to be able to ... to
check and law enforcement, uh, officials that, you know, up the chain of command really
do want to hear complaints. If they don't hear about it, they can't make changes. So if
there are concerns and there are problems that you're seeing with officers, anybody, I do
encourage you to make those reports because if it ... if it's not ... if it's not reported, it may
not change, and if it is reported, I do believe that the people in law enforcement, you
know, the higher ups that get those reports really are going to try to make it ... make a
change and take that really seriously any complaints, and we'll look at whatever video
information they can get, etc. I know within the County if we get a complaint about
something going on, we will do our best to try to investigate it and try to make changes.
So I really do encourage everybody, um, make complaints, tell your friends, tell other
people — if they have a problem, make that complaint because it's really hard to make
changes if we don't hear what the problems are. So, please do that.
Treloar/ I'd like to make another plug (laughs) Um, the local law enforcement agencies, the
Sheriff's Department, Iowa City Police Department, Coralville Police department, and
University Police Department every year put on a citizens police academy, usually starts
in January. It's about 12 weeks long and it's an excellent way to learn about what the
police do, why they do what they do, how they do what they do. It's just a tremendously
good idea. And I would encourage everyone if they can have the opportunity to attend
that, it's ... it's very informative. If you're at all interested in law enforcement, it's a very,
very good thing to see.
Moore/ How much does it cost?
King/ $25.00
Treloar/ $25.
Moore/ (unable to hear, away from mic)
Treloar/ Any other comments? Going once ... oh (mumbled)
Lyness/ ...(away from mic) I'll be glad to try (laughter)
Treloar/ Um, do any board members have questions for Janet or...
Jensen/ I do not but thank you for the offer! (laughs)
Treloar/ Um, hearing no other comments, I ... I'm going to wrap this up. I want to again thank
Janet Lyness for coming and being with us this evening to answer questions and thank
you so much for coming and sharing your concerns and questions with us this evening,
and uh... at this time I'll entertain a motion to adjourn.
King/ So moved.
This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review
Board public forum of April 23, 2013.
April 23, 2013 Iowa City Police Citizens Review Board Public Forum Page 14
Jensen/ Second.
Treloar/ Moved and seconded. All in favor say aye. All opposed same sign. We're adjourned,
folks. Thank you so much for coming!
Jensen/ Thank you!
This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review
Board public forum of April 23, 2013.
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240 -1826
(319)356 -5041
PCRB REPORT OF SUMMARY DISMISSAL TO THE CITY
COUNCIL
Re: Investigation of Complaint PCRB #13 =03
PCRB Complaint #13 -03, filed May 13, 2013, was summarily dismissed as
required by the City Code, Section 8 -8 -3 D and 8 -8 -3 E. The complaint was not
filed within 90 (ninety) days of the alleged misconduct.
DATED: May 30, 2013
PCRBMmeliness Report Form:4/13/99
CALL TO ORDER:
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
STAFF ABSENT:
OTHERS PRESENT:
FINAL /APPROVED
POLICE CITIZENS REVIEW BOARD
MINUTES — June 24, 2013
Chair Joseph Treloar called the meeting to order at 5:32 P.M.
Kingsley Botchway, Donald King, and Royceann Porter (5:38pm)
Melissa Jensen
Kellie Tuttle
Catherine Pugh
None
RECOMMENDATIONS TO COUNCIL
None
CONSENT
CALENDAR Motion by King, seconded by Botchway to adopt the consent calendar as
presented or amended.
• Minutes of the meeting on 05/29/13
Motion carried, 3/0, Jensen and Porter absent.
NEW BUSINESS None.
OLD BUSINESS None.
BOARD INFORMATION None.
3
2b(12)
STAFF INFORMATION Council Resolution #13 -217 regarding Ad -Hoc Diversity Committee
Recommendations (PCRB pages 11 -16) - Tuttle stated that the materials in the
packet were for information only. Staff will be meeting the following week to
discuss the implementation process and the item will be on the July meeting
agenda for discussion.
PUBLIC DISCUSSION None.
EXECUTIVE
SESSION Motion by King, seconded by Botchway to adjourn into Executive Session
based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records
--
June 24, 2013
Page 2
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 Porter absent. Open session adjourned at
5:34 P.M.
REGULAR
SESSION Returned to open session at 5:45 P.M.
Motion by King, seconded by Jensen to set the level of review for PCRB
Complaint #13 -01 to 8 -8 -7 (13)(1)(d), Request additional investigation by the
Police Chief or City Manager, or request police assistance in the Board's own
investigation;
And direct staff to request the additional information from the Iowa City Police
Department regarding PCRB Complaint #13 -01.
Motion carried, 4/0, Jensen absent.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• July 8, 2013, 5:30 PM, Helling Conference Rm
• July 9, 2013, 5:30 PM, Helling Conference Rm (Moved to July 8, 2013)
• August 13, 2013, 5:30 PM, Helling Conference Rm
• September 10, 2013, 5:30 PM, Helling Conference Rm
• October 8, 2013, 5:30 PM, Helling Conference Rm
Moved by King, seconded by Botchway to move the July 9th meeting to
Monday, July 8th due to a Board scheduling conflict.
Motion carried, 4/0, Jensen absent.
ADJOURNMENT Motion for adjournment by Porter, seconded by Botchway.
Motion carried, 4/0, Jensen absent.
Meeting adjourned at 5:47 P.M.
A
O
w
H
U
W
U
ICI
a
0
a
W
A
M
rl �
N �
zN
W �
H
H
�.
w�Z
s�
ad�zz
II II II II II
�coOZ ;
O
DC
yC
�C
5C
a,
N
DC
�
DC
X
X
O
yC
yC
O
DC
v
O
M
O
DC
yC
DC
�
O
DC
�G
O
DC
N
O
>C
0
yC
DC
z
z
z
z
z
x
c
o
c
Go
W
��
A
tiH
xa
xaa
�.
w�Z
s�
ad�zz
II II II II II
�coOZ ;
07 -23 -13
2b(13)
IOWA CITY TELECOMMUNICATIONS COMMISSION APPROVED
MONDAY, JUNE 3,2013--5:30 P.M.
CITY CABLE TV OFFICE, 10 S. LINN ST. -TOWER PLACE PARKING FACILITY
MEMBERS PRESENT: Matt Butler, Laura Bergus, Nicholas Kilburg, Bram Elias, Alexa
Homewood
MEMBERS ABSENT:
STAFF PRESENT: Mike Brau, Bob Hardy, Ty Coleman
OTHERS PRESENT: Josh Goding, Hans Hoerschelman, Emily Light
RECOMMENDATIONS TO CITY COUNCIL
Kilburg moved and Homewood seconded a motion to recommend the city council approve the PATV
contract contingent upon approval of PATV's attorney's acceptance of the contract as written. The
motion passed unanimously.
SUMMARY OF DISCUSSION
Hoerschelman said that the broadband survey response period ended May 15. David Dude from the
Iowa City Community School District requested some of the data for a report he was preparing. Those
elements of the data were provided to him. Brau said conforming the data to the analysis software is
underway. Hoerschelman said that after the analysis is finished the Commission would need to
determine what to do with the information. A report will need to be written that includes background
on the issues and ideas addressed by the survey and what the survey reveals about the community.
Some form of public presentation might be made. Hardy said Brau finished a review of Mediacom's
basic tier rate filing. The maximum permitted rate will decline. The operator - selected rate will be
$15.10, which is a 5% reduction. Mediacom has changed their billings to reflect retransmission
consent fees paid local broadcasters. Iowa City subscribers pay significantly less for the basic tier than
other area communities. Hardy said PATV's attorney is currently reviewing the draft contract. The
contract has eliminated any community programming obligations to emphasize PATV's primary
mission of providing public access services. Bergus said her approach was to consider the interest of
the community, which includes both producers and viewers. One concern not incorporated was a
provision that could terminate the PATV's contract if funding from Mediacom is ended for any reason.
If the city were to terminate the contract based on not receiving funding, all of PATV's assets would
revert to the city. If this were to occur, PATV would not have an opportunity to seek alternative
funding or pursue other means of continuing operations. This section of contract has the potential to
disrupt public access services for producers and viewers. Hardy said the city's interest is to protect
public access. If PATV were to cease to be able to provide services or function, the city might need to
step in and protect PATV's assets and preserve public access services. Kilburg moved and
Homewood seconded a motion to recommend the city council approve the PATV contract contingent
upon approval of PATV's attorney's acceptance of the contract as written. The motion passed
unanimously.
APPROVAL OF MINUTES
Elias moved and Kilburg seconded a motion to approve the amended April 22, 2013 minutes. The
motion passed unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
None.
BROADBANDSURVEY
Hoerschelman said that the response period ended May 15. David Dude from the Iowa City
Community School District requested some of the data for a report he was preparing. Those elements
of the data were provided to him. Brau said conforming the data to the analysis software is underway.
Hoerschelman said that after the analysis is finished the Commission would need to determine what to
do with the information. A report will need to be written that includes background on the issues and
ideas addressed by the survey and what the survey reveals about the community. Some form of public
presentation might be made. Perhaps a video could be made. Feedback from the public could be
gathered at any presentation. Hoerschelman will work on initial background language. Butler asked if
there are areas that the public or the media might misinterpret. Hoerschelman said there are a few
questions that could be read into in multiple ways. For example, a question regarding areas in which
consumers are least satisfied. Hoerschelman said the survey could be modified for a survey of
businesses.
SHORT PUBLIC ANNOUNCEMENTS
None.
CONSUMER ISSUES
Hardy referred to the report in the meeting packet and noted all complaints have been resolved.
MEDIACOM REPORT
Hardy said Grassley informed him that he had nothing he wished to report. Homewood asked if
Grassley had information regarding the service phone call completion rate previously requested.
Hardy said Grassley did not provide that information and he would inquire about its status. Kilburg
said the completion rate is an important measure of customer service.
LOCAL ACCESS CHANNELS REPORTS
Light distributed a report for the Senior Center. SCTV will be having a number of training sessions.
Goding reported PATV will have a presence at the Art Fest in the children's area. New training
workshops focusing on mobile applications will be offered in the near future. Final Cut Pro X
workshops are also being developed. Some of the guidelines and production workshops will soon be
offered over streaming media. This will make it easier for people to test out of the workshops. Plans
are underway to make the workshops more of an outreach effort, possibly by having walk -in sessions
at the library and senior center.
CABLE TV ADMINISTRATOR REPORT
Hardy said Brau finished a review of Mediacom's basic tier rate filing. The maximum permitted rate
will decline. The operator - selected rate will be $15.10, which is a 5% reduction. Mediacom has
changed their billings to reflect retransmission consent fees paid local broadcasters. Iowa City
subscribers pay significantly less for the basic tier than other area communities. Hardy distributed a
community partnership memo from Des Moines that listed what services Mediacom agreed to provide
the city after conversion to a state - issued franchise. Hardy will try and get a copy of the Dubuque
memo as well. Hardy said initially the PATV contract was expected to be for 5 years. The current
draft contract is for 2 years. During that time the city wishes to conduct a comprehensive review of all
local access needs and operations. That process will be initiated after the broadband survey is
complete. Bergus requested a copy of the rate regulation memo prepared by Brau.
PATV CONTRACT
Hardy said he sent out a copy of the draft contract. PATV's attorney is currently reviewing the
contract. The contract has eliminated any community programming obligations to emphasize PATV's
primary mission of providing public access services. Goding said PATV is ready to move forward
with the contract. Bergus said that she and Kilburg participated in a negotiating session with PATV
and city staff. Bergus and Kilburg had forwarded some concerns with the contract. Some of those
concerns were incorporated into the contract; others were not. Bergus said her approach was to
consider the interest of the community, which includes both producers and viewers. One concern not
incorporated was a provision that could terminate PATV's contract if funding from Mediacom is ended
for any reason. There is also a provision elsewhere in the contract that would end funding of PATV by
the city if the city was not receiving funds from Mediacom. If the city were to terminate the contract
based on not receiving funding, all of PATV's assets would revert to the city. If this were to occur,
PATV would not have an opportunity to seek alternative funding or pursue other means of continuing
operations. This section of the contract has the potential to disrupt public access services for producers
and viewers. Hardy said the city's interest is to protect public access. If PATV were to cease to be
able to provide services or function, the city might need to protect PATV's assets for alternative public
access services. Elias asked if the old version of the contract had the same provision but did not
specifically mention transferring to a state issued franchise. Hardy said that is the case. Kilburg said
he was glad to see the language regarding use by nonresidents. Kilburg and Bergus said subject to any
last minute changes they are ready to recommend approval to the city council. Elias asked if there
were any areas in the contract that should be flagged for city council attention. Bergus said it is the
Commission's responsibility to examine all the issues and if the two parties could not come to an
agreement then the Commission might need to inform the council of those areas and become more
involved. Bergus said her support of the contract is contingent on PATV agreeing to the contract.
Butler and Homewood said they would prefer to have a response from PATV's attorney before making
a recommendation, but a contingent recommendation would be acceptable. Kilburg moved and
Homewood seconded a motion to recommend the city council approve the PATV contract contingent
upon approval of PATV's attorney's acceptance of the contract as written. The motion passed
unanimously.
ADJOURNMENT
Homewood moved and Kilburg seconded a motion to adjourn. The motion was approved unanimously.
The meeting was adjourned at 6:37 p.m.
Respectfully submitted,
Michael Brau
Cable TV Administrative Aide
TELECOMMUNICATIONS COMMISSION
12 MONTH ATTENDANCE RECORD
(X) = Present
(0) = Absent
(O /C) = Absent/Called (Excused)
Hoerschelman
Ber us
Homewood
5/28/11
X
X
X
X
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
7/23/12
x
X
X
X
X
8/27/12
x
x
x
x
X
9/24/12
X
X
X
X
X
10/22/12
X
X
X
X
X
11/26/12
X
X
X
X
X
12/17/12
X
X
X
X
X
1/28/13
X
o/c
X
X
X
2/25/13
X
X
X
X
X
Elias
3/25/13
o/c
x
o/c
x
X
4/22/13
x
x
x
x
0
6/3/13
X
X
X
X
X
6/24/13
x
o/c
z
o/c
x
(X) = Present
(0) = Absent
(O /C) = Absent/Called (Excused)