HomeMy WebLinkAbout2010-07-12 Bd Comm minutesMINUTES
HUMAN RIGHTS COMMISSION
May 18, 2010 -18:00
LOBBY CONFERENCE ROOM, CITY HALL
APPROVED
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Members Present: Dell Briggs, Wangui Gathua, Fernando Mena-Carrasco, Martha Lubaroff, Dianne Day,
Connie Cuttell, Corey Stoglin.
Members Absent: Howard Cowen, Yolanda Spears.
Staff Present: Stefanie Bowers.
Others Present: Esaie Toingar, Jeff Portman, MacKenzie Elmer, James Eaves-Johnson, Nick Stuber.
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None.
CALL TO ORDER
Chair Briggs called the meeting to order at 6:02.
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: No.
CONSIDERATION OF THE MINUTES OF THE April 20, 2010 MEETING:
Stoglin, moved to approve.
Carrasco seconded.
The motion passed 5-0. (Day and Cuttell were not present for the vote)
PEACE IN PALESTINE PROGRAM
See attachment.
DOCUMENTARY WRITER PRESENTATION
Esaie Tonigar presented to the Commission on his documentary. The documentary looks at persons
particularly from Africa who have just arrived in Eastern Iowa. Tonigar described the film as a bridge to assist
those new to the area on such things as local custom and culture as well as assisting Eastern Iowans on the
customs and cultures of others. Commissioners Lubaroff, Gathua and Carrasco will review the film and discuss
at their next scheduled meeting in June.
IOWA CITY PRIDE
Commissioners due to their summer schedules declined to participate as a vendor but will send materials to be
distributed at the event on June 20tH
CORALVILLE 4th FEST PARADE
Commissioners Day and Lubaroff will participate on behalf of the Commission.
HUMAN RIGHTS BREAKFAST
Bowers reported the date of the Breakfast for 2010 is currently being selected and advised Commissioners to
email her names of potential key note speakers for the Breakfast.
SPEAKER'S BUREAU
Stubor let Commissioners know that his AmeriCorps VISTA term will be ending soon and that a replacement
has been selected who he will introduce to Commission staff before he departs. Commissioners Briggs,
Lubaroff, Day and Carrasco will meet to discuss the Bureau and report back to the entire Commission at their
next scheduled meeting in June.
Human Rights Commission
May 18, 2010
Page 2 of 7
SUBCOMMITTEE UPDATES
Lubaroff reported that her Spears and Carrasco are still working on planning a program on bullying in schools.
Stoglin gave an update on a program he Briggs and Cowen are working on re: civilians and the police. Day
gave updates on the status of the immigration panel her, Cuttell and Gathua are planning.
YOUTH AWARDS
Commissioners remarked at how well the program went and how well it was received by the community.
DIVERSITY DIALOGUE CIRCLES
Bowers will hold a meeting next week concerning this program. She hopes to get a few Circles lined up for the
summer and fall.
CIVIL SOCIETY
Day reported the Conference went well. However, the Conference did not have a high turn out. She hopes next
year turn out will be better.
REPORTS OF COMMISSIONERS
Day reported that the Senior Center will be hosting a program on Sanctuary Cities in June.
ADJOURNMENT
Day moved to adjourn.
Lubaroff seconded.
The motion passed 6-0 at 19:15. (Stoglin not present for vote)
Human Rights Commission
May 18, 2010
Page 3 of 7
Human Rights Commission
ATTENDANCE RECORD
2010
(Meetina Date)
NAME TERM
EXP.
1/19
2/16
3/16
4/20
5/18
6/15
7/20
8/17
9/21
10/19
11/16
12/21
Dell Briggs 1/1/11 X X O/E X X
Yolanda
Spears 1/1/11 X O/E X X O/E
Corey
Stoglin 1/1/11 O/E O/E X O/E X
Dianne Day 111/12 X X X O/E X
Wangui
Gathua 1/1/12 X O/E O/E X X
Martha
Lubaroff 1/1/12 X X X X X
Howard
Cowen 1/1/13 X X X X O/E
Constance
Goeb-
Cuttell 1/1/13 X O/E X X X
Fernando
Mena-
Carrasco 1/1/13 X X O/E X X
KEY:
X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting/No Quorum
R =Resigned
- = Not a Member
Human Rights Commission
May 18, 2010
Page 4 of 7
Peace in Palestine Program
Jeff Portman: Two of us are here. We had written a letter, Gerry Sorokin and I questioning the reason
why the Iowa City Human Rights Commission would bring in Mark Braverman a couple of weeks ago. The letter I
think may be ,received that letter?
Jeff Portman: a few points that we were checked by. One is we weren't quite sure why the Iowa
City Human Rights Counsel wants to bring in people to talk about events which are not happening in Iowa City.
The Iowa City Human Rights Commission and why we're getting involved in and has no direct
relevance to Iowa City or to the people. Secondly, we're wondering if you are bringing people in what is the um,
how do you go about selecting those individuals. Gerry and I have a long history in the Palestine political issues.
We use speakers and neither of us was apprised of this person coming in, or were asked whether we thought this
person should come in or not. Not that the Iowa City Human Rights Commission has a responsibility to do so, but
you would think that a person bringing up this kind of program would be of interest to members outside the
Palestine Student organization as co-sponsors and that the Jewish community might want to have some say in
who you brought in. Third this is the second person that brought in about Israel Palestine, very anti-Israel. Out of
any of the speakers that the Iowa City Human Rights Commission brought in, _ balanced view of what's going
on there. Just by chance a week before this person came in Hillel and the Synagogue brought in a speaker about
that issue, who gave a much more balanced point of view in which both sides would come together. Obviously
we're not going to agree with this person he was so one-sided that no one in the Jewish Community would ever
think of bringing someone like this out. So why do use the most American Jews _. I just question why
the Iowa City Human Rights Commission wants this type of thing. Why isn't anybody in the Jewish
community consulted about this type of thing? Why would, why isn't anybody in the Jewish community consulted
about this? why bring such a radical point of view?
Dell Briggs: Any comment?
Corey Stoglin: I guess I just came from out of town today from work, so what are your credentials that would make
you guys be the ones for us to...
Jeff Portman: I'm the Rabbi of the Synagogue and Gerry is the Director of the Hillel Foundation, two Jewish
institutions in Iowa City.
James Eaves-Johnson: And I'm not Gerry. Just to
James Eaves-Johnson: Can I say?
Dell Briggs: Sure
James Eaves-Johnson: I went to the event and it was um it was pretty bad. In addition to being obviously hostile
to Israel, this gentleman presented as like a Jew who knows what Jews are really like. Um and he said a lot of
things that were, well I'll let you judge how bad they were. He explained that basically Jews were idolatries by
saying that when we go to the synagogue we pray to the flag of Israel and the ideology of Zionism. He routinely
refers to Jews and Israelis as being, having ugly racist views. He talks about the typical Israeli view being based
on fear, hatred and racism. Um as it relates to how Jews see Christians he talks about how Jews are told that
Christians only want to kill or convert Jews, and he's not sure which one is worse. Um he, again going into the
Christian Jewish relationship he says that Jews are taught that Jesus is a bad guy, even though in fact he says
that Jesus was the greatest prophet. He tells Christians that they need to get over being accused of anti-
Semitism. That they can't be enablers of Israel, like those who enable alcoholics with alcohol. Ah he says that
the great thing about Christianity is that abolish the old order, and that its "too bad Jews couldn't go along with it."
He describes the differences between Jews and Christians as being based on the commitment to the tribe verses
a commitment to humanity. Um and just in case you wonder if you think any kind of co-existence can happen
Human Rights Commission
May 18, 2010
Page 5 of 7
between Jews and Christians, or whether or not these views might sour a relation with Jews he warns Christians
that "in pursuing justice," excuse me. He warns Christians that "pursuing justice, relationships with 'the Rabbi
down the street but other Jews may be in jeopardy."' Um and then he just goes into some verily stereotypical
points of view. He says that politics are always going to be tricky because of the power of the lobby. That
significant political contributions come from the lobby and that's why American Presidents have had to get up and
say nice things about Israel. He talks about how the media is pro-Israel and hostile and specifically mentions the
editor of the Washington Post, who he simply describes as a Jewish guy. He doesn't say his name, doesn't give
any other reason for why he's ,just that he's Jewish. Um and once he goes on this rant he finally
acknowledges that he knows that it sounds anti-Semitic to say that "Jews have all the money," that they "control
the press." That ah its anti-Semitic to talk about "money Jewish interest." Um but he says that he says those
things because it is true. To me its just appalling that somebody who would say those kinds of things, especially
in a place where there are so few Jews. Iowa City there are some Jews here, but there aren't a lot. Um I just
don't know how it can be perceived as anything other than anti-Jewish incitement, and obviously the Human
Rights Commission if anything should be on the other side of a speaker like this, not supporting him or defending
him. And that's all I have to say.
Dell Briggs: Any comments from anybody on the Commission?
Dianne Day: I'm sorry I came in towards the end of that and missed the first part of your comments, but I've
been reading the letter that was in the packet. I know that you were concerned. I think that, I don't know if
anyone else has said anything. My personal view as far as obligations of the HR Commission are to educate the
people of Iowa City, not to take a stand one way or the other on any issues, and that there are more than one or
two or three opinions or resolutions or whatever you want to call it that I felt were fulfilling our responsibilities as
the HR Commission to bring up various points of view. You mentioned in your letter that you had aspeaker -
Gershon Baskin and I did go to that. For instance if you had possibly notified us of that event, we would have
most certainly considered and probably would have sponsored that event to help promote a lighter um, wider
publicity of that event because I thought he was very good. So I'm not sure I'm speaking mainly from my point of
view in that I was the one who did ask the Commission to sponsor this event along with the Senior Center, that
the Senior Center was approached to hold an afternoon meeting, and we agreed to host it. Then I thought this
might be appropriate if the HR Commission wanted to go along with it, and I read them the bio and that was a
long meeting. So that was at the end of a very long meeting, but um that's the process. So I don't think that
there was any merit in saying that the HR Commission, that we were pushed or shoved or hoodwinked um. It
was our obligation to promote different points of view and that's my viewpoint.
Dell Briggs: I think that we'll agree with that, that it is the Commission's position to try to educate people in the
community of different views. Ah a lot of times those are going to be controversial, but you know they do provide
different sides and different points of view. It's all educational and as Diane said if we had known about yours,
then we probably would have had members attend that, and also would have been willing to probably sponsor
along with that too. Um and its never the intentions of the Commission to direct anything at any one particular
group in a harmful way. That's never the way of the Commission, so we try to as best as we can to educate
people on different views so that they can all see what's right, what's wrong, and help make educated decisions
about things that are going on. As far as it being an issue that's abroad, I would say probably things that are
abroad effect people right here in the local areas also. So ah obviously if you guys are bringing in people to talk
about the same subject matter, then of course it is a local issue. So from that standpoint I don't know what the
Commission can do, you know as far as future decisions on what is going to happen or what they're going to
sponsor or whatever, but I can tell you this, it is never an intent for this Commission to target or harm anyone. It is
strictly here to educate the community as issues that are going on, whether they be national or local.
Wangui Gathua: To add to that when we are planning sponsorship it's discussed publicly and at length and even
the event is advertised at length. And everyone and all stakeholders are invited to participate and to express
even their feelings and the way they see, and even the speakers. Its not, its publicized as much as we can.
Human Rights Commission
May 18, 2010
Page 6 of 7
Jeff Portman: I just want to make a short response; this person here is so out of line as an anti-Semantic. I don't
think the Commission wants to sponsor a known anti-Semite. I think people if they're going to sponsor someone,
that's what you're going to do you should do a little more research, dig a little bit about what this guy has said.
This guy is not a member of normative experience of the Jewish Palestinian speakers. He's so far off to be anti-
Semitic and that is not the type of speaker you would bring in.
Connie Cuttell: We made a comment that sponsorship doesn't mean agreement or support.
Jeff Portman: If you had known he was anti-Semitic you probably wouldn't have supported him.
Connie Cuttell: Well and I did attend the speaker, I did attend and I don't pretend to be an expert in either ah, but
ah I thought it was reasonable received by people.
Jeff Portman: Did you hear what he said?
Connie Cuttell: At the speech?
James Eaves-Johnson: I mean he said things like Jews only go the synagogue to pray to the flag of Israel and
ideology of Zionism. He said things like um you know religious differences between Jews and Christians are
based on commitment to tribe versus commitment to humanity. Um that he says things like Jews, you know the
reason why it sounds like he's saying that Jews have all the money and control the press, and why he talks about
money Jewish interests and major Jewish organizations bullying people because its true. Those aren't comments
about Israel or the conflict over there. Those are comments about Jews.
Connie Cuttell: And again, I would just say that I don't think our sponsorship means that we agree with everything
that was said, but we're trying to get out different viewpoints.
Martha Lubaroff: I'd just like to make one comment.
Connie Cuttell: I don't recall that particular comment
Martha Lubaroff: I remember when at the end of a very long meeting Diane asked us to be a co-sponsor and I
raised my hand. Had I known more about this guy and had I been presented with more information about him, I
probably would have spoken up against it. I think that we get asked to co-sponsor a lot of programs and I think
we just can't rubber stamp it when somebody comes to us. I think if we haven't learned anything we ought to
learn that we need to do research, and I don't agree with you Connie. I think that if our name is on it as a co-
sponsor Ithink that implies support from us. So the only thing I would say to the Commission is when we get
asked to co-sponsor a program, that we dig a little deeper into what the program is, the speaker, that's just my
feeling.
Corey Stoglin: Alright um ----
Dell Briggs: We're going to give this five more minutes and then we have to move on.
Corey Stoglin: Um I don't think any program we've done we've said we are 100% behind any speaker here. I
think that's pretty much always been a given ever since I've been on the Commission, and we're just there to
provide the venue for these people to speak. Um I don't think that ah we would consult with anyone, like if you
wanted to bring those opinions we shouldn't have to go through a vetting process with any organization in this
community if we wanted to bring someone here. I mean ah that's one of the things I gathered from what you first
said that we weren't consulted or something like that. That's going to make, that'd be like for housing
discrimination we had to consult with the banks or lender, so that kind of was one of the things I got when you first
made that comment. Um and this is the flagship of university of the state, so we're not just citizens of Iowa City.
6
Human Rights Commission
May 18, 2010
Page 7 of 7
We're citizens of the world you know. I went to the University of Iowa and a lot of my friends have been all over
the world, and we're not taking a side in just by offering a chance for this venue to come out. So ah.
Jeff Portman: So if I put my stamp a person talking about the justice of Hitler. I'm not sponsoring him. I'm
not saying its okay. I'm ,that's what the HR Commission; they put their name on organized
speaker. They're saying that yeah we should give this guy, we should listen to his guy, he has something
worthwhile to say. You actually put your name, this guy was going to come anyway. He spoke somewhere on
campus he was going to be here anyway but by putting your name on that you're saying, you're giving some
legitimization, and this guy didn't deserve legitimization, and that's my tax dollars going to that. That's what I
object to. The guy came in is fine. We had nothing to do with that. The only speaker that's their
freedom, but the City of Iowa City put their name on it and by giving it that, we gave this guy some legitimization
he didn't deserve.
Dell Briggs: Okay well I agree with you on certain points that you made and I do think it would be advantageous
for all to look further into speakers before we actually ah given those situations that we do actually look further
into rather than putting a rubber stamp on it. You know as some people may you know again think that that is
what we did, but yeah we can look deeper at different speakers, and ah the board should be a little bit more
educated on some of those things when they come around. So from that standpoint I agree with you, but ah I
think we do have to wrap this part of it up so we can go on with the meeting. But ah I agree with you on certain
points that you made.
Jeff Portman: Thank you for your time
Approved Minutes
April 2010
MINUTES
SENIOR CENTER COMMISSION
APRIL 22, 2010
ROOM 208, IOWA CITY/JOHNSON COUNTY SENIOR CENTER
Members Present: Merce Bem-Klug, Chuck Felling, Jay Honohan, Sarah
Maiers, Jean Martin, Charlotte Walker
Members Absent: Michael Lensing
Staff Present: Linda Kopping, Emily Light
Others Present: Dave Dowell, Bob Welsh
RECOMMENDATIONS TO COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order at 4:00 PM. Jay Honohan chaired the meeting.
APPROVAL OF MINUTES FROM MARCH 25, 2010 MEETING:
Walker asked to clarify her statement on page 3 about the large meal providers
needing tilt skillets. Her statement now reads, "Walker said the tilt skillets are
necessary for the operation of the big meal providers, and they already possess
them."
Motion: To accept the minutes from the March 25, 2010 meeting v~rith
corrections. Motion carried on a vote of 6/0. MartiNFelling.
PUBLIC DISCUSSION OF ITEMS NOT ON THE AGENDA:
None.
COMMISSION ASSIGNMENTS:
Honohan is scheduled to visit the Board of Supervisors on April 29. Maiers will
visit the City Council to report on the April meeting.
4b 2
UPDATE ON THE SPECIAL NUTRITION PROGRAM COMMITTEE:
Approved Minutes
April 2010
Honohan said he met with Kopping and Bem-Klug to identify specific issues for
discussion with Elder Services' nutrition program representatives. Honohan said
the group feels there should be a listing of the equipment that the Senior Center
will maintain and equipment that Elder Services will be responsible for
maintaining. Most of the equipment is used only for the nutrition program, but
some of the equipment is used by the Senior Center occasionally for special
events. A written agreement will detail each party's responsibilities. Honohan
said he is no longer concerned about ownership. He is concerned with who will
fix or replace each piece of equipment when it breaks down.
This negotiation will likely lead to the creation of an entirely new lease agreement
between the Senior Center and Elder Services.
Kopping said the committee also discussed finding out how much Elder Services
claims the Senior Center provides to the meal program through an in-kind match.
CONSIDERATION OF THE PROPOSED POLICY RECOMMENDATIQNS FOR
THE CODE OF CONDUCT AND ACTIONS TO TAKE WHEN THE CODE IS
VIOLATED:
The Commission discussed the code of conduct in detail.
Welsh asked about petitioning. He doesn't think it should need to be authorized
by the coordinator. Kopping described the importance of par'tiapant choice. If
petitioners are stationed in a designated location, participants can decide
whether or not to approach them and it removes the potential for discomfort.
Welsh brought up the point of bodily hygiene. He said the City could be sued for
exclusion based on bodily hygiene. Welsh said the dining program is open to ail
persons by necessity.
Dowell suggested creating a committee to make the disciplinary decisions, rather
than rest all authority with the coordinator? Honohan said that the policy has
steps that address this question.
Honohan said he thinks it is excessive to review the entire code of conduct and
progressive disapline policy with a participant upon a first offense. He thinks a lot
of violations of the code of conduct may result from a lack of education and can
be resolved with a short conversation.
Kopping said the policy is written for the argumentative offender, not the one who
will respond immediately to a casual instruction.
The Commission agreed that the code of conduct could be discussed in detail
with a violator, if necessary, but most situations may not warrant this step.
Approved Minutes
April 2010
Kopping said the policy could be revised to say: the staff member will tell the
person which rule was violated and ask if they would like a copy of the code of
conduct and disaplinary policy, and act according to the person's wishes.
Honohan does not think the directions for the staff response to an offense
belongs in this portion of the policy. Honohan said the instructions could be
detailed in a memo to the staff.
Walker disagreed. She said the staff needs guidelines for handling an offense so
the situation doesn't disintegrate, and the expected staff procedure should be
public knowledge.
Felling said this section could be rewritten to describe the sequence of staff
actions, rather than dictate instructions to the staff. Honohan said he would
accept that suggestion.
Kopping and Honohan will address these issues when they prepare an edited
draft of the policy for the next meeting. The rewritten policy will need to be
approved by the Commission before the ceramics room can be reopened.
CONSIDERATION OF PROPOSED CERAMIC STUDIO GUIDELINES AND
POLICIES:
Kopping referred to the ceramics room guidelines that were included in the
packet. Walker said they look good. The Commission agreed.
Motion: To approve Senior Center ceramic room guidelines. Motion carried
on a vote of 6/0. Felling/Maiers.
UPDATE ON BOARD APPOINTMENTS FOR FRIENDS OF THE CENTER:
Kopping said Judy Atkins agreed to serve on the Board. Kopping has not
received an answer yet from Sue Shallau. Karen Franklin is not available.
OPERATIONAL OVERVIEW:
Kopping said City engineers are testing the showers for the cause of the leaks.
No repairs have begun, and responsibility has not been determined.
Recommendations from the self-assessment committees are included in the
packet. They will be included in the summer program guide also. Kopping is
working on compiling the recommendations into an action plan.
Kopping reported that Craig Buhman is on medical leave following surgery, and
Michelle Buhman will be out of the ofFce for a few days taking care of Craig.
Susan Rogusky is on leave. The Ciry Manager authorized the Senior Center to
Approved Minus
Apri12010
hire apart-time temporary maintenance worker for the time that Craig is absent
and working light duty. Corbin is working full-time for the Senior Center, not
cleaning in Cable N while Craig is gone, but that change will not be permanent.
Walker would like the Steering Council to make reports to the Commission. She
wants minutes to be distributed to the Commission. Light said the minutes will be
available at the front desk and on the website. Walker wants the minutes posted
somewhere so people don't have to ask to see them.
Walker said she would like to see more low-income people on the committees.
Felling said it is an open invitation. Walker said she thinks the Steering Council
seems like a convoluted thing. Honohan said he appreaates all the work these
volunteers have done, and he sees no reason to be critical of them.
Felling said one of the purposes of the group and sub-committees is to get more
people involved from all backgrounds.
COMMISSION DISCUSSION:
Board of Supenvsors Report on the March Meeting: Honohan called late and
could not get on the agenda for the March meeting of the Board of Supervisors.
Citv Council Report on the March Meeting: Lensing may have attended, but he is
not here to report.
ADJOURNMENT:
Motion: To Adjourn. Motion carried on a vote of 6/0. MardNFelling.
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4b 3
MINUTES APPROVED
IOWA CITY BOARD OF ADJUSTMENT
MAY 12, 2010 - 5:15 PM
EMMA J. HARVAT HALL
MEMBERS PRESENT: Robert Anderson, Barbara Eckstein, Will Jennings, Le Ann
Tyson
MEMBERS EXCUSED: Caroline Sheerin
STAFF PRESENT: Sarah Walz, Sara Greenwood Hektoen, Stan Laverman
OTHERS PRESENT: Nila Haug, Dennis Nowotny, Mark McCallum,
Pam Michaud
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order by Vice-Chairperson Barbara Eckstein at 5:18 p.m.
An opening statement was read by the Chair outlining the role and purpose of the Board and the
procedures governing the proceedings.
ROLL CALL: Anderson, Eckstein, Jennings, Tyson (Sheerin absent).
CONSIDERATION OF THE MINUTES FOR APRIL 14T" 2010:
Tyson motioned to approve the minutes.
Anderson seconded.
Eckstein invited discussion.
Iowa City Board of Adjustment
May 12, 2010
Page 2 of 11
Eckstein offered three typographical corrections. Eckstein and Walz discussed whether or not
Eckstein had been on the Board at the time of the decision referenced in the "Board of
Adjustment Information" section of the minutes. Walz said she would look into it.
Tyson noted that her first name is spelled incorrectly.
A vote was taken and the minutes were approved 4-0 (Sheerin absent).
SPECIAL EXCEPTIONS:
EXC10-00004: An application submitted by Nila Haug and Dennis Nowotny for a special
exception to allow a Bed and Breakfast Inn to operate in the Central Business Service
(CB-2) zone at 511 E. Washington Street.
Walz explained that the zoning code allows two different types of bed and breakfasts: 1) a Bed
and Breakfast Homestay, and 2) a Bed and Breakfast Inn. Walz said that both of these are
considered accessory uses to the principle use of single-family owner-occupied housing. Walz
said that a Bed and Breakfast Homestay allows three rooms for rent, and is reviewed
administratively by the Building Department. A Bed and Breakfast Inn allows up to five
bedrooms for rent, and is allowed by special exception only.
Walz stated that the subject property at 511 East Washington Street is located in the CB-2
zone, a commercial zone located just outside the Central Business zone. The applicants have
operated a bed and breakfast at the adjacent property, 517 East Washington Street, since 1990.
In 2009, the applicant was issued a citation for renting rooms at the subject property without a
rental permit. Upon inspection, it was discovered that rooms had been created and bedrooms
added without the necessary building permits. Walz said there are currently five bedrooms in
the house. The Building Official has provided the applicant with a list of items that must be
brought into compliance with code, and a new inspection is scheduled for May 24, 2010. Walz
said that the applicant is court-ordered not to rent more than three bedrooms under the
provisions of the Bed and Breakfast Homestay use. The applicant is requesting the special
exception to increase the number of bedrooms that can be rented out from three to five.
Walz reviewed the requirement of the Specific Standards for this special exception. She said
that Bed and Breakfast Inns are allowed in owner-occupied, detached single-family dwellings
subject to the approval of the Board of Adjustment. Walz said that the first criteria states that
the principal use of the property must be as an owner-occupied single family dwelling, the
definition of which has been outlined in the staff report. Walz said that the applicant maintains
that the principal use of the property is as asingle-family, owner-occupied dwelling; however, no
evidence has been provided to support this. Walz noted that the applicant has requested that
all five of the bedrooms be made available for rent. She said that staff believes that the
application cannot satisfy the requirement that the principal use of the property is owner-
occupied single-family if all five bedrooms are available for rent; the owner-occupied, single-
family use would be subordinate to the rental use if that was the case.
Walz said that staff is in agreement with the applicant for most of the other specific criteria, and
that the property is otherwise suited to be a Bed and Breakfast Inn, because: 1) they cannot rent
Iowa City Board of Adjustment
May 12, 2010
Page 3 of 11
more than five bedrooms; 2) there is sufficient off-street parking; 3) there are no resident
employees; and, 4) there are no rooming units on-site. In terms of the required rental permit,
the applicant does have a scheduled re-inspection for the code violations found on the initial
inspection.
Walz next addressed the General Standards. Walz stated that the first standard states that the
specific proposed exception will not be detrimental to or endanger the public health, safety,
comfort or general welfare. She said that staff believes this criteria cannot be satisfied until the
Building Official has inspected the property to ensure that all items meet code.
The second standard requires that the proposed exception will not be injurious to the use and
enjoyment of other property in the immediate vicinity and will not substantially diminish or impair
property values in the neighborhood. Walz said that the intensity of the use would be
appropriate for the neighborhood, as the area contains a mix of residential and commercial
uses. She said that for this reason, the proposed exception also will not impede the normal and
orderly development and improvement of the surrounding area.
Walz noted that because the subject property is in a fully developed neighborhood, all of the
required drainage, access roads, utilities and necessary facilities are already in place.
Walz said that ingress and egress would typically be from the alleyway and are adequate for the
proposed use.
Walz said that it is staff's belief that the Building Official must re-inspect the property before it
can be determined whether or not the exception conforms to all other aspects of the applicable
regulations and standards of the zone. Staff further believes that if all five bedrooms are made
available for rent, the application cannot satisfy the code requirement that the principal use of
the property is owner-occupied single-family.
Walz stated that the Comprehensive Plan does not specifically address bed and breakfast uses;
however, it clearly supports a diversity of businesses and uses to serve the community. The
Plan does directly address public safety and includes goals to "continue to maintain the
prevention of fire as the primary objective of the fire department" and to "actively participate in
the enforcement of building and fire codes." Before staff could make a recommendation on this
application, the Building Inspector must verify compliance with all fire protection, wiring,
plumbing and building codes. Additionally, there is the outlying issue of whether or not this
property meets the requirement of being principally asingle-family owner-occupied use. Given
that the building has five bedrooms and that the application requests the use of all five
bedrooms for rental purposes, the principal use of the property is called into question. Staff
believes that making all five bedrooms available for rent would make the owner-occupied use a
secondary use for the property, thereby making it impossible for the property to meet the first
specific criteria of the special exception requested.
Walz said that staff recommends the denial of EXC10-00004, an application for a special
exception to establish a Bed and Breakfast Inn at 511 East Washington Street.
Eckstein invited the Board to ask questions of staff.
Anderson said that he assumed that a hotel or motel use could be approved in that zone, and
asked if that use would allow the property owner to operate the facility as they wished to under a
different title. Walz said that a Guest House would be permitted in the zone, but that she would
Iowa City Board of Adjustment
May 12, 2010
Page 4 of 11
have to check on whether or not a hotel or motel could be. Walz explained that a Guest House
can be non-owner occupied, and permits up to nine bedrooms to be rented. Walz said that a
Guest House requires a license from the state in addition to compliance with city code.
Walz noted that Stan Laverman from the Building Department was present and available for
questions. Laverman conducted the inspection referenced in the staff report. Walz confirmed
that a hotel use would be permitted in the CB-2 zone.
Eckstein opened the public hearing.
Nila Haug, 517 East Washington Street, said that she had been successfully operating the
Golden Haug Bed and Breakfast for 20 years. Haug said that she and her partner had acquired
the home next door, 511 East Washington Street, and that they live in both residences at some
time or another. She said that they have no resident employees, but that her 89-year old
mother, her brother, and her son all have come to live with her, and help out around the bed and
breakfast. She said that atone time she herself had to go stay at the Brown Street Inn because
there were not enough rooms available in her homes. She said that they live in the rooms that
are not occupied. Haug said that the rooms at 511 East Washington are quite expensive by
some standards because it is a newer facility, and that there are not a lot of guests that stay
there. She said she would like to be able to increase her income since there are so many
people now living in her home. Haug said that if all five bedrooms were ever needed for rental,
then they would give up their bedroom and rent it out to guests. Haug said that when she
opened her bed and breakfast 20 years ago, there were no codes concerning bed and
breakfasts in the CB-2 zone. In 1998, she was informed that she would be required to have a
permit to operate her bed and breakfast, and to submit to inspection. She said that the more
rooms she can rent out, the more hotel/motel tax she can charge and collect for the City. Haug
said that they would like permission to rent all five bedrooms, noting that they are hardly ever
occupied. She said she could not really provide evidence that they reside at 511 East
Washington other than utility bills, unless she was to invite staff over to witness them sleeping in
the residence.
Jennings asked if there was a reason that Haug did not pursue Guest House status if in fact the
idea was to have a separate property with available rooms. Jennings noted that there was no
special exception required for a Guest House. Haug said she had originally requested Guest
House status, and was told by Jan Ream, Code Enforcement Specialist, that she would need to
apply to the State of Iowa for that permit. Haug said that when she applied to the State for the
permit, the State said the City had said she could not do it. Haug said she did not know who the
State spoke with regarding that. Walz deferred to Laverman on that issue. Laverman, Senior
Housing Inspector, said that a Bed and Breakfast Inn or Homestay would be considered a
residential use, and a Guest House is a commercial use. A commercial use would require
compliance with current commercial building code regarding separation, stairways,
ingress/egress, etc. Laverman said it is difficult from a building standpoint to make an older
home comply with the commercial building regulations required for a Guest House. Haug asked
what Laverman meant by "separation." Laverman explained that each unit would be considered
a separate unit, and the owner would have to provide documentation that there was clear
separation, with no shared utilities, and the required fire separation.
Tyson said she understood Laverman to be saying that separation between each bedroom unit
would be required. Greenwood Hektoen said she believed the focus should stay on what the
Iowa City Board of Adjustment
May 12, 2010
Page 5 of 11
application is actually requesting. She said there is a lot of history with this property, and the
Board needs to consider on what is being requested on the present application.
Anderson said that it seems the primary issue is one of occupancy. He asked if there was not
one of the five members of the family that could claim to reside for 90 days at the subject
property.
Dennis Nowotny, 517 East Washington Street, said that approximately 85% of his belongings
have been at 511 East Washington Street for three years. He said that other than a bed check,
he did not know what else it would take to show he was a resident there.
Tyson asked how the applicant had fallen into the situation where they were not complying with
code at the property at 511 East Washington Street, when they had successfully operated an
identical business next door for 20 years. Nowotny said that city code allows three unrelated
people to live in your home without having to mess with inspections and rental permits, etc.
Nowotny said they had owned the 511 East Washington Street property for about four years,
and have been operating it on the premise of having roomers under those guidelines since that
time.
Haug said that last autumn she began replacing basement windows. At that time, an inspector
stopped by asking if she had a permit to do so, as changing the size of the windows had made
acquiring a permit necessary. Haug said she had been unaware that a permit was necessary
and had asked if she could apply for one the following business day. When she applied, she
was told she could not get a building permit until she applied for a rental permit because she
was putting egress windows in the basement. She said she was simply trying to get more light
into the basement by enlarging the windows. She said that ultimately they went to court with the
City because she did not need a rental permit and they were attempting to force her to apply for
one. She said that it was determined that it was not enough for the family to live in the house, it
had to be the deed-holder. She said this is how the whole mess got started.
Eckstein asked if it was the case that the 511 East Washington Street property has, up to this
point, been operating as a bed and breakfast, renting three rooms with one or more members of
the applicant's family living in the other two rooms. Haug noted that only one bedroom was
occupied by family members, but that it was not always the same bedroom because specific
rooms were sometimes requested. Haug said that it was not a traditional bed and breakfast,
because breakfast is not eaten there. She said the rooms are large and have living rooms that
form suites; a lot of people do not eat breakfast, which was one reason why they originally
called it an inn.
Eckstein said her understanding is that there were two unresolved issues with the application:
one concerning occupancy, and a second issue concerning code compliance for the
rental/building permits. Walz said that was correct.
Jennings asked staff if there had been additional evidence regarding owner-occupancy that had
been requested but not submitted. Greenwood Hektoen said that she regarded the oral
testimony given at the meeting to be the additional evidence. Greenwood Hektoen said that the
burden is on the applicant to establish that they meet the necessary criteria, and that in staff's
opinion that burden has not been met. Tyson asked what the applicant had presented in terms
of establishing owner-occupancy. Greenwood Hektoen replied that the only evidence provided
is the testimony given before the Board. She said it is up to the Board to weigh the testimony.
Jennings asked if it is correct that the applicant is asserting that at any given time one or more
Iowa City Board of Adjustment
May 12, 2010
Page 6 of 11
of the family members is occupying one or more of the five bedrooms at the subject property for
a minimum of 90 days. Jennings said that his understanding is that while the bedroom the
applicant is living in may change, they are asserting that they remain residents of the property.
Walz said that the issue of the applicant's occupancy is unclear in two ways. First, there is the
issue of "owner-occupancy," in which the deed-holder is an occupant of the property. The
second question is: what is the principal use of the property? Staff believes that if all five
bedrooms are made available for rent, then the principle use cannot be owner-occupied, single-
family housing. She said that it sounds as though the principal use would be rental property
with the owners occupying the property from time to time.
Anderson said that while he is troubled by the same question, the 90-day threshold is so low as
to contradict the idea of owner-occupancy. Walz said that the 90-day threshold defines who is
an owner-occupant, it does not define the principal use of the property. Haug asked what the
difference between owner-occupancy and principal use was. Walz said that principal use would
be the primary use of the property. Haug said that if the principal use of the property is that it
must be owner-occupied, and if the definition of owner occupied is 90-days, then the principal
use requirement is fulfilled by their arrangement.
Greenwood Hektoen noted that the principal use needs to be as asingle-family dwelling.
Anderson said that his understanding is that there are two thresholds that need to be met: the
owner occupancy and the primary use of the property. He said that if the applicant were to live
in the property 90 days a year but to rent out all of the rooms the other 275 days, then the
primary use would not be as asingle-family residence, but as a rental unit. Haug assured
Anderson said that she would be retired if the rooms were occupied 275 days a year; she said
that her occupancy at 511 East Washington Street was quite low. She said the reason she runs
the bed and breakfast is because she likes to decorate, and she likes the lifestyle, and she likes
the fact that she is offering choices to visitors to the area. She stated that she and her family
live in the home more than they have guests there.
Tyson noted that the testimony has been that there are five bedrooms, but not how many
kitchens/baths are in the unit. Haug said that the home has five bedrooms, five bathrooms and
three living rooms. Tyson said her question is how does the applicant actually do their living in
the home if it is asingle-family dwelling; how much and what space do they occupy? Haug said
there is a bathroom for each bedroom and they use the bathroom for the suite they happen to
be occupying. Haug said that for 20 years her family has lived out of a damp basement, and
that they like to live in a nice space, which is why they live in 511 East Washington Street
primarily. Haug said that since her 89-year old mother came to live with them, they used the
rooms in the 511 East Washington Street home when they have guests at the bed and
breakfast next door.
Anderson asked if the rental permit specifies which bedrooms will be occupied by renters and
which by the owner-occupants. Laverman said that under the current agreement the City
cannot specify which rooms can be made available for rent so long as all rooms meet
requirements and are habitable. He said that the Board may be able to do so, but the
inspection office cannot. Greenwood Hektoen noted that the rental permit is for the whole
dwelling.
Eckstein invited other members of the public to speak.
Iowa City Board of Adjustment
May 12, 2010
Page 7 of 11
Mark McCallum, 932 East College Street, said that he used to own the Brown Street Inn. He
said that he had applied for this same special exception in 1994, and that to his knowledge his
is the only one that has been granted in an RS-5 zone. McCallum said that he sold the Brown
Street Inn approximately seven years ago, and that it remains in operation. McCallum said that
the primary concern expressed by neighbors when he purchased the home was that it would
become a rooming house. He said that as people came to understand him and his business,
they came to view the inn as an asset to the north side neighborhood.
McCallum said that it can be difficult for some people to understand innkeepers, and that they
often fall between the cracks when it comes to zoning matters. McCallum said that as a
commercial real estate agent he understood that the "highest and best use" for all three of
Haug's properties would be to tear them down and develop apartments in their stead.
McCallum said that the proposed use, an inn with five guest rooms, would be less than half that
of an apartment building in terms of density, and significantly less in terms of income potential.
McCallum said that whether it is called a Guest House, a Bed and Breakfast, or a Hotel, the
property would provide lodging, or "Hospitality-Oriented Retail" as the zoning code calls it.
McCallum said that Haug is bringing something very vital to this CB-2 neighborhood. McCallum
said that the definition of the zone in the zoning code is to provide a transition between
residential and commercial. He asked the Board to consider the uses that could be allowed in
the place of this bed and breakfast. He said that South Gilbert Street could easily be replicated
in just those three lots. McCallum said that if Haug was focused on money, she would hire a
realtor, sell the lots for development, and could easily walk away with a million dollars. He said
that, instead, Haug is all about lifestyle, and that he is asking the Board to consider that aspect
of this application. He said her goals are in keeping with the Comprehensive Plan and she is
trying to bring some unique transitioning between the residential areas and the intensely
commercial downtown areas.
McCallum noted that it is very common for innkeepers to move from room to room in their
house. He said he does the same thing in his apartment building as he is renovating it, and did
it at the Brown Street Inn as well. McCallum said that when he was renovating the Brown Street
Inn he really appreciated how the City worked with him, even though he may not have met
every criteria for doing so. He said that he hopes the Board takes those issues into
consideration.
Eckstein thanked McCallum for the useful context he had provided. She asked if McCallum had
applied for the entirety of the sleeping areas to be rentable when he applied for his special
exception for the Brown Street Inn. McCallum noted that the Brown Street Inn actually had six
sleeping areas. He said that innkeepers move around to accommodate their guests, often
based on pricing and marketing to individual customers. McCallum said that Haug actually has
themed rooms that are very specific to individual taste. He said having the flexibility to offer
different rooms at different prices is necessary for innkeepers. He also noted that there are
peak times that need to be taken advantage of, such as weekends with home football games
and other special events. McCallum said that it is not uncommon to have an occupancy rate of
less than 50%. If Haug were to put an apartment building on the lot, it could have 13
apartments with three bedrooms each, which would mean at least 39 occupants on the same
parcel. On a busy night, McCallum said, Haug likely has no more than five or six people in that
space. Greenwood Hektoen redirected McCallum to the question of whether or not the Brown
Street Inn's special exception retained a room for the owner to occupy even at maximum rental
occupancy. McCallum said that was correct.
Iowa City Board of Adjustment
May 12, 2010
Page 8 of 11
Eckstein asked why the applicant chose to come before the Board at this time, given the fact
that there would be another meeting in June and that there was an outstanding inspection.
Haug said that the permit has been paid for, the inspection was held, and all but one of the
outstanding inspection issues has been resolved. Haug said that she had asked Laverman and
Ream a question about the outstanding issue and that they had told her to go the library and
research the matter. Haug said that they had told her the zoning code requires a landing (rather
than the step that is there presently) at the exit of the home. She said she asked Ream to
provide her with a copy of the code and Ream told her it was proprietary information and she
needed to go to the library and look it up. Haug said she wants to see the code prior to
spending $1,000 for stones that she may not even really need. Laverman said that all
outstanding issues from the initial inspection have not been addressed. He said that all
plumbing fixtures that have been added need permits, and the permits have not yet been
applied for. The renovations that were done to the property also require permits, and none of
those have been applied for either. Haug offered acounter-argument to Laverman's comments,
however, she did not speak into the microphone so the comments were lost to the record.
Greenwood Hektoen advised that the details of the inspection were for the applicant and the
Housing Inspections Department to resolve in another forum.
Pam Michaud, 109 South Johnson, said she had been neighbors with Haug since 1990. She
said that she and the other neighbors present have been intensely involved with historic
preservation in Iowa City. Michaud said that she owns rental properties, which she furnishes
and rents primarily to international scholars. She said that such places are a tremendous asset
to the area, and that their neighborhood is a well-kept, active, trendy neighborhood. She said
she supports the use of codes and that she believes the code violations are resolvable, but that
she wanted to reiterate what McCallum had said about the unique service Haug's property
provided. She said that she hopes Haug retires after she herself does, because she does not
want to have to look at yet another under-occupied, under-taxed apartment building. She said
that she knows it is not an issue for this Board, but that it is a painful fact that small landlords
pay 100% taxes, whereas huge landlord operations like the Clark family pay 50% taxes
because they can take the steps necessary to have their apartments zoned as condos.
Michaud said that historic properties maintain the character of their settings. She said that the
City has poured a lot of time and resources into historic properties, specifically in that
neighborhood, and she would like to see Haug's properties stay in the neighborhood.
There were no further comments from the public and Eckstein closed the public hearing.
Eckstein invited a motion.
Tyson moved to approve EXC10-00004, an application for a special exception to allow a
Bed and Breakfast Inn to operate in the Central Business Service (CB-2) zone at 511 East
Washington Street.
Anderson seconded.
Jennings said that he is hesitant to vote for this application with so much of the inspection
information still outstanding. He said he is not able to support the motion at this time.
Anderson said he too is torn, because he can appreciate the benefit to the neighborhood that
the inn provides. He said that he has, in fact, been charmed by the houses each time he walks
by; he thinks they are a great addition to the neighborhood, and he can absolutely understand
why people would want to stay there. Nonetheless, the fact that the occupancy is so much in
Iowa City Board of Adjustment
May 12, 2010
Page 9 of 11
question is problematic for him. He said it is not difficult for him to imagine that someone would
transition between bedrooms to facilitate the requests of guests; however, it is a question as to
whether the principal use of the home is as the single-family, primary residence of the deed-
holder. Anderson said that having the outstanding questions surrounding the permits resolved
would have been helpful. However, he is having difficulty supporting the application. He said
that he could more easily support the application if it was for the renting of four bedrooms,
retaining one for owner-occupied living space.
Tyson said that she has trouble supporting the application as presented. She said that as much
as she would like to support it, more evidence is needed regarding owner-occupancy, and she
would like to have seen the inspection issues resolved prior to voting on the matter. She said
she hates to vote it down without having those issues resolved.
Greenwood Hektoen noted that the applicant was informed of staff's concerns about the
application but opted to move forward with it anyway.
Jennings said that he is very supportive of this type of use. He said he is very much aware of
what the alternative might be, and that it is not necessarily an attractive one for him. He said
that he is constrained by a narrow range of criteria upon which he can act. He said that of
primary concern to him at this point is the violation of building and other codes. Jennings said
that he cannot in good conscience vote in favor of a facility when there are outstanding code
violations. He said this was not a statement about the intent of the violations, or how the
violations came to be, or a comment on any of the parties involved. Jennings said he lives in a
neighborhood where over-occupancy and code violations are rampant, and he finds that
unacceptable. He said that he believes hospitality is an area where it is critical that basic code
issues are addressed. Jennings said that he understands the frustrations and difficulties that
sometimes arise between the City and homeowners in these cases, but that it is not his role to
resolve those difficulties. Jennings said that he would like to offer a friendly amendment to allow
the applicant to defer the application until the June meeting so that the May 24th inspection can
have taken place prior to the Board voting on the matter, which would give the Board more
information regarding the inspection issues. Jennings said that this would also give the property
owners the chance to restate or present their evidence regarding owner-occupancy. Jennings
said that at present he is being asked to judge on the basis of "he said-she said" and that is not
conducive to good decision making.
Greenwood Hektoen repeated that the applicant had chosen to move forward with the
application in spite of the deficiencies staff had pointed out. She said she did not believe there
was anything that would prevent the Board from deferring; however, the applicant had been
given that option and had chosen to proceed.
Jennings noted that there is an existing motion on the floor that would first have to be resolved
before a deferral could be considered.
Tyson said that if the motion was to be amended then she would need to see concrete owner-
occupancy information submitted and the inspections resolved before she could consider
supporting the application.
Anderson said that the code and permit violations are secondary in his mind at this point, as he
has no doubt those will be resolved at some point in the future. The greater issue for him is the
issue of owner-occupancy and the principal use. He said he did not wish to provide false
optimism to the applicant that a deferral would necessarily result in a different outcome.
Iowa City Board of Adjustment
May 12, 2010
Page 10 of 11
Eckstein asked if the Board needed to do findings of fact and vote on the motion on the floor
before considering any other options. Walz said that if the Board wished to defer, the best
course of action might be to withdraw the motion and defer until such time as the inspection has
taken place. Walz said that this would allow the applicant to come back the following month to
show inspection issues had been resolved. Greenwood Hektoen said that the Board would not
have to do findings of fact to defer.
Tyson withdrew her original motion.
Tyson motioned to defer the application until the June meeting, and asked that the
applicant provide substantial proof of occupancy and proof of inspection results.
Greenwood Hektoen stated that if the Board had found any other issues in the staff report that
they felt needed to be further addressed, now would be the time to make those known.
Jennings seconded.
A vote was taken and the motion to defer carried on a 4-0 vote (Sheerin absent).
Walz stated that the next meeting is on June 9, 2010, and this will be the first item on that
agenda. She said she anticipated at least one other item on that agenda. She asked if all
Board members would be present for that meeting, and they indicated that they believed they
would be.
Anderson asked if he could offer a general observation to the applicant about the case, and
Greenwood Hektoen said that he could. He said that he believed there was still an outstanding
question as to what qualifies as evidence of occupancy. Anderson said that to his mind, given
the fact that there are five members of the family, if there were multiple deed-holders residing
there or receiving mail there that would suggest to him that the property was their primary
residence. Tyson said that for her that would involve a history of mail, not just mail delivered in
the next 30 days.
BOARD OF ADJUSTMENT INFORMATION:
None.
ADJOURNMENT:
Tyson motioned to adjourn.
Anderson seconded.
A vote was taken and the motion carried 4-0 (Sheerin not present).
The meeting adjourned at 6:23 p.m.
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MINUTES APPROVED
PARKS AND RECREATION COMMISSION
MAY 12, 2010 - 5:00 p.m.
BECKWITH BOATHOUSE MEETING ROOM
Members Present: David Bourgeois, Clay Clausen, Lorin Ditzler, Craig
Gustaveson, Aaron Krohmer, Margaret Loomer, John
Westefeld
Members Absent: Maggie Elliott, Jerry Raaz
Staff Present: Mike Moran, Terry Robinson, Marcia Bollinger, Iowa City
Planning Department
Others Present: Andy Dudler, Ann Dudler, John Richmond, Steve Schuette,
Ryan O'Leary
CALL TO ORDER
Meeting was called to order at 5 p.m. by Chairman Gustaveson.
RECOMMENDATIONS TO COUNCIL:
4b 4
Moved by Bourgeois seconded by Westefeld, to support the four PIN grant
proposals related to Parks and Recreation which include workshops at Grant
Wood Gvm, staff for roller skating at Grant Wood Gvm, Grant Wood
Neighborhood Association Harvest Party and the North Market Sauare Park
Grand Opening Motion passed 7-0 with Elliott and Raaz being absent.
OTHER FORMAL ACTION TAKEN:
Moved by Westefeld, seconded by Krohmer to approve the April 7, 2010 Parks
and Recreation Commission minutes as written. Motion passed 7-0 with Elliott
and Raaz being absent.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None
PIN GRANT APPLICATIONS
Marcia Bollinger was present at tonight's meeting to review the proposed PIN grants
with the Commission. Before reviewing those, however, she announced that there will
be a grand opening dedication of the Wetherby Splash Pad scheduled for Tuesday,
June 8, ceremony starting at 5:30. Party in the Park will follow at 6:30..
Bollinger then went on to review the Program for Improving Neighborhoods (PIN)
Grant Applications. There are four grant proposals that were related to Parks and
Recreation. The following information copied from a May 6, 2010 memo written by
Marcia Bollinger, Neighborhood Services Coordinator.
PARKS AND RECREATION COMMISSION
May 12, 2010
Page 2 of 11
Workshops at Grant Wood Gym - $950.00 -Grant Wood Neighborhood Association
- these workshops provide educational opportunities for residents to learn about
various subjects. Previous workshops have included babysitting training, home alone
after school, house painting techniques, curb appeal with the Master Gardeners, etc.
The workshop themes are determined by the residents. Funds are used for
honorariums, door prizes and other costs.
Staff for Roller Skating at Grant Wood Gym - $2000 -Grant Wood Neighborhood
Association - 68 pairs of roller skates, purchased through last year's PIN grant
program and a United Way grant, have been purchased and are available. These
funds would ensure that staffing is available for at least 2 roller skating parties per
month at the Grant Wood Gym.
Harvest Party - $950 -Grant Wood Neighborhood Association -this annual event
has become a tradition in the neighborhood and provides free family fun including
costurrie contests, jumpy castles, door prizes, haunted house and a free meal. These
funds will be used to purchase food and treats for over 400 families that have regularly
attended.
North Market Square Park Grand Opening - $500 - Northside Neighborhood
Association -funds will be used to host a grand opening of North Market Square Park
once the renovation project is complete in fall of 2010.
Bollinger asked if there were any comments or concerns from Commission. None
noted.
Loomer asked how involved Grant Wood School has been in these projects. Bollinger
said that they work hand-in-hand with the school administration. She further mentioned
that workshops and roller skating are scheduled at the same time so that parents can
drop their kids off and then attend a workshop.
Moved by Bourgeois seconded by Westefeld, to support the four PIN grant
proposals related to Parks and Recreation which include workshops at Grant
Wood Gvm staff for roller skating at Grant Wood Gvm, Grant Wood
Neighborhood Association Harvest Party and the North Market Square Park
Grand Opening. Motion passed 7-0 with Elliott and Raaz being absent.
OPTIMIST CLUB FUNDRAISER:
Ryan O'Leary was present at tonight's meeting to discuss ideas for the Optimist Club.
He ncted that the Optimist Club of Iowa City has been in existence for about 61 years
and for about 45 of those have been selling holiday trees at the Dairy C~ueen. They
typically raise about $25,000 a year and donate every dollar to youth oriented
programs. The Optimist Club is proposing that rather than signs being put in place to
commemorate their donations, they would like to plant symbolic trees in these areas
and then perhaps a bolder with an inscription. Their request for proposal includes
planting a couple of evergreens at the entrance to Napoleon Park and then this fall as
renovations happen in College Green Park would like to plant a couple of trees near
the play structure. Next year they would like to look at planting trees at Boys Baseball
PARKS AND RECREATION COMMISSION
May 12, 2010
Page 3 of 11
and probably out a Kent Park where they previously built an education center. It is also
their hopes over the next few years to earmark donations for projects like North Market
Square and the Terry Trueblood Recreation Area. They would like to do a larger
project such as planting 20-30 trees at TTRA. O'Leary asked for feedback from
Commission. Gustaveson said that he thinks it is a great idea. Westefeld agreed.
Gustaveson sees the Optimist Group doing this for several years to come and
expressed his thanks to the Optimist Club and all that they have done for the
Community.
AFFILIATE GROUP DISCUSSION:
Moran presented the affiliate group proposal to Council at their work session a couple
of weeks prior to this meeting. At that time there were very few questions from Council.
At the Council Meeting on Tuesday, Boys Baseball and Kickers were both in
attendance and presented their concerns. At that time Council determined that it was
necessary for there to be more dialogue regarding this policy. They asked that Moran
schedule a meeting between Council and the Parks and Recreation Commission.
Moran feels that with their limited number of meetings in the summer, this may be
difficult to do. Therefore he proposed that instead the Commission meet again with the
affiliate groups individually and report back to Council. Bourgeois, who was also at the
Council meeting, said that he was surprised by the Council's suggestion considering
all the tirr~e and effort that has already been put in place by staff and Commission.
Gustaveson expressed his disappointment in the newspaper article which he felt
accused Commission and staff of not listening to the affiliate groups. Gustaveson feels
that it is quite the opposite, that the groups are not listening to staff and Commission.
He noted that the Commission and staff have been working on this proposal for nearly
a year, have met with those groups that expressed their concerns, and have made
accommodations for those groups based on their statements. He feels that at some
point, staff and Commission have to say that these facilities belong to the City and that
there are costs involved in maintaining them. Ditzler asked Commission if there is
something that the group should do to respond from a PR standpoint as it seems that
the problem is perception.
Moran acknowledged that there is a good relationship between the City and most of
these groups. However, staff often talks only with a couple of individuals from a group
and never to the entire group. Therefore, many are getting bits and pieces of
information and not all of it is correct. He further noted that while Council is in
agreement that there is a need for a fee structure, they are not sure that the process is
yet complete. Ditzler asked if that opinion was based on what Moran had told them or
what they were hearing from the affiliate groups present at their Council meeting.
Moran feels it was based on what they heard from the groups. Ditzler believes that the
proposal to meet with these groups is a good idea. Gustaveson said that he would
rather that the groups come to a Commission meeting and address the entire group.
He also feels that writing an editorial for the opinion page explaining all the details of
the proposal is a good idea. Claussen said that he was offended by some of the
comments made in the paper. He would request that the Press Citizen reporter talk to
the Commission and staff as well.
Moran reported that some of the groups still have angst about donating a large amount
of money, i.e. $50,000 to put in lights, and then only getting one year of credit. Kickers
PARKS AND RECREATION COMMISSION
May 12, 2010
Page 4 of 11
has donated over $417,000 over many years and so feels that that should count for
something more than just one year of facility usage. Moran acknowledged that it is
difficult to know where to draw the line when it comes to donations and getting free
facility usage based on that donation.
Krohmer asked if it would be possible to send out a request for information to affiliate
groups asking them for their membership statistics, specifically if they give
scholarships and also for resident status, finding out what percentage are Iowa City
residents and what percentage are nonresidents. Krohmer stated that the question he
receives from the public most is why are tax payers paying for maintenance of facilities
that are being used mostly by nonresidents. Having the exact numbers would help in
answering this question. Gustaveson said that he too would be interested in finding out
which of these groups offer scholarships. Ditzler wants to be sure that the groups
understand that by us asking for this information, we are not changing the proposed
policy. Krohmer said that he sees it as just an extension of a request we have already
made. If they don't have numbers available, he does not expect them to look at every
registration form to gather the information. He doesn't want them to spend that kind of
time on getting those numbers. He would just like to be able to answer that question
when asked.
Westefeld asked how many affiliate groups there are. Moran reported 17. Westefeld
then asked how many of the 17 are unhappy about this proposal. Moran stated that
none of them are happy about paying a fee; however, the most unhappy is Boys
Baseball, Girls Softball, Kickers and Camera Club. The rest of them know about it and
Moran has spoken to them but they did not attend a meeting. Westefeld asked why
they are upset, is it primarily how much it is or is it just having to pay a fee of any kind.
Moran says that he feels it is more philosophical, that they are used to not paying
anything for these facilities.
Schuette stated that the City and Girls Softball are partners who worked together to
create and improve the program and the facility. It was their understanding that the
City would maintain the facility and that Girls Softball would operate the program. Now
it is the perception of many that one partner is charging the other partner for doing
their half. Even though the proposed fee is only 10% of the full cost, the perception is
why has Girls Softball done this for so many years if they are going to be lumped in
with all of the other affiliate groups that do not donate money to the City.
Krohmer agrees there is a value to the City for that service but there is a greater value
to the families that are actually participating and this is where he can't comfortably ask
tax payers that aren't participating in these programs to fully fund the maintenance for
the families that are participating. He also thinks they are great programs so does not
want to push them out of existence so there needs to be some level of agreement that
allows both the people who are paying property taxes and don't use these facilities to
feel it is a good relationship that allows the programs to continue in a way that also
serves their community. The numbers are where there seems to be a disagreement.
Gustaveson said that Commission did address this by making the caveat that when a
group makes a donation to the City the fee would be waived. Moran noted his concern
that if they assign a level of donation to receive free use of the facilities, then some
groups may decide to donate a much lesser amount than in the past. Krohmer said
PARKS AND RECREATION COMMISSION
May 12, 2010
Page 5 of 11
that this, however, would not be in the best interest of the kids. Krohmer also noted
that Boys Baseball talks as if they have proprietary control of the fields. Moran stated
that this is not the case, the land is owned by the City.
O'Leary stated that as a member of the public he suggests that staff and Commission
develop a plan that is fair and equitable to those who do donate.
Claussen said that one of the problems is communication because the information is
being filtered. He still talks to people on the street that think they are going to be
charged 40% of the full facility use fee. There is some misinformation being given and
it is helping some of these people get leverage.
Gustaveson said that O'Leary made a good point and appreciates his comments. He
said that from his standpoint, what we are trying to do is put the groups on an even
playing field for those who donate and those who do not donate to the City.
Krohmer wondered why the Commission keeps talking about perception and hurt
feelings - if a group is already giving large amounts of money to the City, what
negative effect would having to pay $2700 annually have on them. He further noted
that tax payers are paying money to keep these fields maintained and that the users
certainly should be able to pay 10% of the fee which he sees as a token amount.
Ditzler summarized the discussion to this point as follows. She said that so far
Commission talked about writing an editorial for the opinion page describing the
proposed policy in detail. The Commission also talked of having the groups return to
the Commission. She does not feel it makes sense to have the groups return to the
Commission as this has already been done and it will most likely be the same
discussion as before.
Krohmer doesn't see any reason to meet with the groups. He would, however, like to
send out the request for information. He also said that until Commission has some
idea of what Council wants the group to do, everything else is just moving in circles.
He feels that Commission should meet with Council if that is what Council suggested.
Moran said that while they may want to meet with Council eventually, initially
Commission should give them their plan of action and then schedule a meeting later if
they still feel it is necessary.
Westefeld said he would be fine with additional meetings but it would be important for
bath the benefit of the affiliate groups and the Commission to be very clear on what the
goals are of these meetings. Moran said that he would follow up with a letter to Council
letting them know the plan and invite one or two of them to attend these group
meetings if interested. Gustaveson asked if this meeting with affiliate groups should be
a special meeting to devote their time to just this one subject. Bourgeois thinks that
Commission will just hear a repeat of what has already been presented by these
groups. However, meeting with the individual groups would allow Commission the
opportunity to detail the plan with them.
Ditzler thinks that the most efficient way to handle this situation is to respond to those
groups that are upset. She does not see it as a good use of time to have them return
with the same conversations as before.
PARKS AND RECREATION COMMISSION
May 12, 2010
Page 6 of 11
Schuette expressed that he feels that Commission should meet and have a dialogue
with groups again. He feels it would be more productive to meet with the individual
groups, rather than inviting them to a Commission meeting where there is not the
opportunity to talk in detail. He believes this would allow for the City and Girls Softball
for instance, to come to an agreement.
Gustaveson summarized that it appears that it is the consensus of the Commission
that 1) Moran will meet with the different affiliate groups individually , 2) Commission
will write a letter to the editor clarifying the Commissions and staffs position. 3) Moran
will write a letter to the Council explaining this plan. Moran noted that Commission
members are welcome to attend these group meetings as well.
Moved by Ditzler, seconded by Westefeld for Mike Moran and a Commission
Member to meet with the different affiliate groups individually, for Commission
to write a letter to the editor and for Moran to write a letter to Council explaining
this plan. Passed 7-0 with Elliott and Raaz being absent.
Schuette noted that Girls Softball has had a good partnership with the City and the City
is under fire. As the Girls Softball Board sees these two groups as partners, they are
concerned about the best way to handle this. They want to help the City by doing
something positive. One suggestion was to possibly name something in Terry
Trueblood's memory. Their desire is to work through this and maintain the good
relationship they have with the City.
DOGPAC CONTRACT:
Moran noted that the DogPAC contract is due for negotiation in June. Staff and
DogPAC have already discussed the contract. It is the desire of both staff and
DogPAC to hire staff to man the dog parks to assist with monitoring of the tag sales
etc. While they haven't worked out all the details, the thought is that the wages for this
position would come directly from dog park revenues. Whatever is left after that would
be split again (90/10) between the City and DogPAC. Moran reported that in roughly
running the numbers, if they paid staff $10/hr, 40 hours a week, it would cost about
$36,500 for the year for both parks. The reported revenue for last year from tags was
$38,000. The Legal Department is working on the contract. This contract will come up
for a vote at the June Commission meeting. Andy Dudler stated that the hours may be
scaled back a bit depending on the heavier populated times at the dog parks. Moran
suggested that the hours be varied so that the public would not know exactly when
staff is present, giving them the opportunity to go to the park when no one is there and
perhaps not pay the entry fee. However, Anne Dudler thought that if this person was
going to be selling tags etc., that there would be a need to have them there at
consistent times. Discussions will continue regarding this.
Krohmer asked why the City would continue to split the revenue after paying for the
staff costs. He feels that since this is a City facility, that the entire amount of revenue
should go to the City. He stated that he will oppose any contract that continues to
financially support DogPAC with City revenue. He feels that it is necessary to
thoroughly examine why the City continues to fund this organization.
Gustaveson expressed his disagreement with Krohmer's statements. Gustaveson said
that his fee for DogPAC tags is no different than someone signing up to play baseball,
that it is a user fee and he wants his money to go back to DogPAC as a dog park user
PARKS AND RECREATION COMMISSION
May 12, 2010
Page 7 of 11
to put in the park benches and trees, and the development of future parks. He also
said that one of the reasons these are called public parks is that tax dollars support
some of it, whether it is a basketball court, tennis court, or soccer fields. Some of that
money is coming back to support that. He suggested that perhaps DogPAC collect the
money directly and then that becomes their money and leave it up to them to decide
what to do with it.
Ditzler sees it as being similar as these other affiliate groups, in that they provide a
service that the City is not able to provide. The service is having a place for dogs to
run. Krohmer does not see what service DogPAC provides.
Gustaveson noted that there would not be a dog park if it wasn't for DogPAC. He feels
it is no different than Kickers or anyone else getting a program going, and that
DogPAC was instrumental in getting these parks built.
Moran noted that the contract will come to Commission in June for a vote.
Andy Dudler said that he does appreciate Krohmer's concern and thinks it is valid.
However, he further noted that it is important to keep in mind that the money isn't
going anywhere else so it is benefitting everybody. Ann Dudler reported that Rita's
Ranch was $32,000 so if there is a desire to open another neighborhood dog park, it
will take a substantial amount of money. The increase in revenue this quarter comes
from the work of volunteers from DogPAC sitting at the entrances, talking to people,
educating them and letting them know where and how to get their tags.
Westefeld noted that the challenge is how to balance these relationships and figure out
what is the Commission's role verses the groups role and what is fair and what is
equitable. The main finding is that there is more to that decision than just money.
Gustaveson exited the meeting at 6:15 p.m. for a visitation.
Andy Dudler noted that their future direction is looking at Willow Creek Park for the
next neighborhood dog park and there are people who are interested in donating
substantial amounts of money to help that happen.
LAND ACQUISITION DISCUSSION:
Moran reported that the following are information items only - no need for action by
the Commission at this time.
APlackinaw Village: Moran noted that Casey Boyd owns this property. He has
proposed to the Planning Department that he donate lots 40 through 46 to the City.
These properties are next to the interstate. Staff feels that this would only mean more
maintenance hours for them. Moran said there might be more interest if he were
offering land on the other side of the trail that would then allow for trail expansion.
Krohmer suggested that perhaps Project Green could help in planting several trees on
this land making it a natural area. Claussen noted that being a realtor himself, he sees
the benefit for the developer to donate this land as it would not be sellable property.
Robinson said that City Code says that we have to mow this property.
PARKS AND RECREATION COMMISSION
May 12, 2010
Page 8 of 11
Terra Verde: This property is near Rochester Avenue. The developer is looking at
donating Outlot A which is densely covered in trees, very wet, and has a number of
issues. Pending at this time.
Chadek Property: This property is located directly south of City High School on Court
St. The Chadek family currently lives at 515 Third Ave. Moran met with the three
daughters and they wanted to know if the City would be interested in the property.
When Carl Chadek passed away his will stated that the business had to be gone from
the property by the end of this year. The grandson (Mike) has taken the business over
and he has found property out of town in the county. The daughters are now trying to
figure out what to do with this property. They have been approached by a couple of
realtors to see if they want to subdivide and build on it. Moran asked if Carl had
wanted anything specific for the property. The daughter said no but that he liked to
garden and would probably approve of garden plots placed on this property. Moran
asked them if they were interested in donating or selling the land. They are interested
in selling the land. They are going to get it appraised. The last appraisal was done in
2001 and was $291,000. It is estimated that a new appraisal will likely come in
between $450,000 and $500,000 if appraised for a subdivision. If it was appraised as
parkland it would be appraised at a lesser amount. It is a five-acre piece of land and
would make an excellent neighborhood park. Krohmer noted that the Planning
Department has identified it as one of the key pieces of parkland that they want to
acquire. Moran will ask the family for a parkland appraisal to see the difference and will
then negotiate. Krohmer noted that it would not just be the Parks and Recreation
Department involved, that it would also be the Planning Department as they have
identified it in their Master Plan.
COMMISSION TIME/SUGGESTIONS FOR FUTURE AGENDA ITEMS:
Claussen noted that he believes that Commission would not want the affiliate groups
going to Council and that it would be better resolved by working with these groups
individually.
Robinson reported that he was told at a meeting regarding the Boys Baseball property,
that the City doesn't own it, that it is theirs. Robinson started doing research on this
through staff files and the assessor's office. He found that the largest portion of the
property was sold to the City for $1. It does not say anything in the transaction that it
must be used for baseball, it just says that it was sold to the City. Mary Villhauer
believes that there was a caveat put on that property that it was to be used for Boys
Baseball and that is not the case.
Westefeld asked about the history of the sign that says priority for all diamonds will be
given to Boys Baseball. Robinson said that was put up so that when those other than
boys baseball participants are refused use of the fields, they can refer them to this
sign. Moran stated that this has become an issue when Boys Baseball reserves all of
the fields whether they are needed or not. He feels that it is situations like these where
a memorandum of understanding will be very helpful.
Krohmer discussed his idea of allowing public artists to bid on projects for the City. He
met with an individual with the U of I's Sculpture/Ceramics Department. They came up
with two different ideas: 1) for asculpture -the idea is to essentially work out a
program with the University Art Department that has grad students and undergrad
PARKS AND RECREATION COMMISSION
May 12, 2010
Page 9 of 11
students going out into the community to find an area where they would like to place a
piece of public art. They would then come before the Commission with a design
proposal and their ideas for financing the project. Artists would not be expected to be
compensated as this would be part of the learning process for them. 2) Ceramics -the
idea is to simply sit down with the Ceramics Department and perhaps a person who
handles classes at the Recreation Center and discuss ways that we can start
combining resources. Possibly do a class through the Recreation Department and
possibly firing things made by the classes at the Recreation Center, etc. Krohmer
wants to get the majority of the Commission to approve this idea before he moves
forward.
Krohmer also noted that the Art Department is getting some pressure to get involved
with the Community and this is one of the ways they would like to do it. Ditzler asked if
there would need to be discussion with the Public Art Commission. Krohmer said that
that would have to be worked out as well.
Westefeld feels that continuing to have a dialogue about this is fine with him feeling
that it is important to partner with the University on multiple levels. Loomer thinks that
when it reaches a good point that it needs to be put on the Commission agenda.
Bourgeois supports the idea. Ditzler noted that partnering with the University on
projects is something that was in the Master Plan as well.
CHAIRS REPORT:
No report.
DIRECTORS REPORT:
Naming Policy: Dale Helling has asked that Moran and one Commission member as
well as the Library Board of Trustees and a member of the Animal Foundation meet
and discuss and rewrite the policy. He will then present to Helling and Council for
approval.
Moran announced that Cindy Coffin, Therapeutic Recreation Specialist with the Iowa
City Recreation Division received the IPRA Professional of the Year award which was
renamed the Trueblood/Slattery Award.
Moran announced that the Wetherby Splash Pad dedication will take place on June 8.
It will open on May 28.
North Market Square: Steve Ford from Confluence turned in plans for North Market
Square. This will go out to bid this summer. The goal is to have project finished by
September 15.
Kickers: Statue dedication on Saturday, May 15 at 10:00 a.m. The Trueblood family
will be present. These statues are located next to the north side concession building.
Robinson reported that the ballfield budget for FY10 is $162,850. This is what is paid
for staff to maintain the fields. These include two fields at Kickers, fields at Napoleon,
Mercer and City Park. The soccer budget for FY10 is $119,317. Information item only.
PARKS ANC RECREATION COMMISSION
May 12, 2010
Page 10 of 11
TTRA: Presentation by Snyder & Associates in June to report phases and budget.
Westside Recreation: Staff went to the Iowa City School District to talk about
Crossings Elementary School and express interest in a shared use agreement
between the City and the school. However, Coralville has since decided that they are
going to provide water and sewer, therefore, that building will stay within the Coralville
City Limits. Moran withdrew the proposal at this point.
Park Use Ordinance: This will be an item on the June 1 City Council Agenda. There
has never been an ordinance allowing staff to regulate who can and cannot sell items
etc. in the parks. This ordinance will allow authority to the Parks and Recreation
Director to make these decisions.
Farmers Market: Staff has been approached by Kurt Friese on behalf a group who
would like to pursue the possibility of a year round farmers market by acquiring a new
location for such. Moran told them that at this time the City will not be involved,
however, will help gather information etc. if needed.
The June Commission meeting will be held at the Beckwith Boathouse Conference
Room.
ADJOURNMENT
Moved by Westefeld, seconded by Bourgeois to adjourn the meeting at 7:00 p.m.
Motion passed 6-0 with Elliott, Gustaveson, and Raaz being absent.
PARKS AND RECREATION COMMISSION
May 12, 2010
Page 11 of 11
PARKS AND RECREATION COMMISSION
ATTENDANCE RECORD
YEAR 2010
NAME
M
O
O
f~
N
01
d'
~
00 M
r' o
~
O
TERM ~
~- M
~`' ~
N .
M ~
it ~
~ tD ~
~ ~
°D ~ O
{~ ~
T r
EXPIRES
David 1/1/11 O/E O/E O/E X X X
Bourgeois
Clay 1/1/14 X X X X X X
Claussen
Lorin 1/1/13 O/E X X X O/E X
Ditzler
Maggie 1/1/13 X X O/E X X O/E
Elliott
Craig 1/1/11 X X X X X X
Gustaves
on
Aaron 1/1%13 X O/E X X O/E X
Krohmer
Margaret 1/1/12 X O/E O/E X X X
Loomer
Jerry Raaz 1/1/12 X O/E X X X O/E
John 1/1/14 O/E X X X X X
Westefeld
KEY: X = Present O = Absent O/E = Absent/Excused
NM = No meeting LQ = No meeting due to lack of quorum
* = Not a member at this time
Airport Commission
May 20, 2010
Page 1
MINUTES FINAL
IOWA CITY AIRPORT COMMISSION
MAY 20, 2010 - 6:00 P.M.
AIRPORT TERMINAL BUILDING
Members Present: Howard Horan, Minnetta Gardinier, Steve Crane, Jose Assouline
Members Absent: Greg Farris
Staff Present: Sue Dulek, Michael Tharp
Others Present: Matt Wolford, Adam Henderson
4b(5)
RECOMMENDATIONS TO COUNCIL• (to become effective only after separate Council
action
CALL TO ORDER:
Chairperson Horan called the meeting to order at 6:04 P.M.
APPROVAL OF MEETING MINUTES:
Minutes from both the April 15 and April 29, 2010, meetings were reviewed. Crane moved to
approve the minutes of the April 15, 2010, meeting as submitted; seconded by Gardinier.
Motion carried 4-0; Farris absent. Crane then moved to accept the minutes of the April
29, 2010, meeting as submitted; seconded by Gardinier. Motion carried 4-0; Farris
absent.
PUBLIC DISCUSSION:
None.
ITEMS FOR DISCUSSION/ACTION:
a. Aviation Commerce Park -Tharp noted that other than the lot offer on Lot #10, which
the Council did accept, there isn't much more to report. Dulek noted that the abstract
needs updating, but otherwise things should be wrapped up soon.
b. FAA/IDOT Projects - AECOM -David Hughes -Tharp noted that Hughes is not
present this evening.
i. Runway 7/25 & 12/30 -Tharp noted that they have some of the punchlist items
yet to complete.
ii. Obstruction Mitigation -Tharp noted that he does not have an update on this
item. Dulek noted that she did send a letter to the contractor for the United
Hangar demolition regarding final documents for payment but has not heard
anything back.
iii. 2010 Pavement Rehab -Tharp reported that they will need to have a special
Commission meeting on June 30th in order to have the public hearing on this
item, and subsequently approve the plan specs. Bids would then be opened July
19th, and the contract would be awarded at the August 19th meeting.
Airport Commission
May 20, 2010
Page 2
Construction could then begin shortly after this. This will be a 30 to 45-day
project, according to Tharp. The majority of the project involves crack sealing
and general pavement repair type issues, in addition to some drain
improvements in the Hanger "A" area. The total on this project is around
$220,000.
c. 2011 Air Race Classic -Gardinier noted that she is still working on some of the details
for this. The dates of the race will be June 21St to the 24th, with planes starting to arrive
around the 16th of June. Gardinier added that she did meet with staff at the Convention
and Visitors Bureau recently regarding the race. She also noted that they have received
a $1,000 donation from the Iowa Aviation Promotion Group. Gardinier then responded
to Members' questions regarding the race, adding that as she finds out more information
on next year's race she will let the Commission know. Gardinier also noted that due to
this year's Air Race Classic, of which she is a participant, she will not be at next month's
meeting.
d. Corporate Hangar "L" -Tharp reported that he added the State application to the
packet. He noted the breakdown of the funds, adding that he did receive a call from the
State already.
e. Airport "Operations": Strategic Plan Implementation; Budget; Management -
Tharp stated that he is working with Accounting on some delinquent tenants. He
believes this should be resolved soon. He added that overall they are doing okay
budget-wise. Tharp noted that they are looking at a possible $4,000 bill to fix the south
gate opener problem. The north gate is functional at this point, according to Tharp. A
brief discussion ensued about whether they should do both the south and north gates at
this time. Horan asked if they shouldn't go ahead and budget for the north gate for next
year. Tharp noted that they must do the south gate now, but that he believes they could
budget for the north gate to be redone in the next few years. Members agreed that
Tharp would have the south gate fixed now. Gardinier then asked why there is no hot
water in the Terminal building, adding that she has never been able to get hot water in
the restroom. Tharp noted that this has been an ongoing problem, and basically what
happens is the pilot light keeps going out on the water heater. Members briefly
discussed this issue, with Tharp stating that they could always do under-sink type
heaters in the restrooms. He will look into this further and report back to the
Commission. Crane asked about the year-to-date expenses, and whether there are any
expenses outstanding. Tharp responded, noting some asphalt work to be done this
summer for about $60,000.
f. FBO /Iowa Flight Training /Whirlybird Reports -Matt Wolford of Jet Air introduced
himself to Commission Members, noting that he has just moved to Iowa City from
Galesburg. He shared a maintenance report with those present, noting that the only
thing not included is the carpet cleaning that was just completed. He also noted that the
open house is this upcoming weekend and Jet Air has been getting things ready for this.
Gardinier asked if there are any plans to cut the brush around the Airport perimeter, and
Horan responded.
Adam Henderson with Whirlybird Helicopters spoke next. He stated that they have been
preparing for the open house, as well. Henderson then briefly shared how his business
has been doing; adding that he currently has eight students enrolled. Henderson then
responded to Members' questions regarding Whirlybird Helicopters.
g. Subcommittees' Reports -Horan asked Tharp to make the subcommittee list a part of
the normal packet. He then reviewed the current subcommittees for the new Members.
Airport Commission
May 20, 2010
Page 3
h. Commission Members' Reports -Crane noted the possibility of youth programs being
offered in aviation. Tharp stated that he is familiar with the group promoting this. He
added that Jet Air did atwo- or three-day camp a couple of years ago for youth.
Horan shared with new Members some web sites they can visit for aviation information.
Gardinier shared with Members that she had been interviewed recently for a Mediacom
television show.
i. Staff Report -Tharp noted the open house this coming weekend on Saturday from 9:00
to 5:00, stating that he has had phone calls from local congressional folks who have
stated they will be stopping by.
SET NEXT REGULAR MEETING FOR:
The next regular meeting will be Thursday, June 17, 2010 at 6:00 P.M. at the Airport Terminal
building. The special meeting will be held on July 1St at 6:00 P.M.
ADJOURN:
The meeting adjourned at 7:06 P. M. Gardinier made the motion to adjourn the meeting at
7:06 P.M.; seconded by Crane. Motion carried 4-0; Farris absent.
CHAIRPERSON DATE
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4b 6
IOWA CITY TELECOMMUNICATIONS COMMISSION FINAL
MONDAY, MAY 24, 2010--5:30 P. M.
CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY
MEMBERS PRESENT: Laura Bergus, Hans Hoerschelman, Saul Mekies, Gary Hagen
MEMBERS ABSENT: Robert Kemp
STAFF PRESENT: Mike Brau, Bob Hardy
OTHERS PRESENT: Josh Goding, Lee Grassley, Michael McBride
RECOMMENDATIONS TO CITY COUNCIL
None at this time.
SUMMARY OF DISCUSSION
Grassley reported that transmissions in central Iowa are now all digital. Subscribers who need a
digital to analog converter are given one free of charge. If they need an additional converter, a
rental charge applies. Less than 15% of subscribers require assistance from a technician to
install the converter. Subscribers who previously had a converter and were paying a rental fee
will no longer be assessed the fee. When the Iowa City area converts to all digital transmission
the access channels will remain in their present position. Grassley said that the customer service
office on Gilbert Street will be moved to Mediacom's Southgate facility due, in part, to a recent
robbery. The public will be notified on their bills and by a newspaper ad. DOCSIS 3.0 Internet
service is available and a marketing campaign will begin in June or July. Hardy said the schools
appear to be responding to the initiative to assist the schools develop more programming. Funds
are available from the local programming fund to help with equipment purchases, if needed.
Mekies said the years of efforts by the Commission are paying off. It appears the obstacles to
progress have been removed. Hoerschelman said the Commission should assess progress in
August.
APPROVAL OF MINUTES
Mekies moved and Bergus seconded a motion to approve the April 26, 2010 minutes as
amended. The motion passed unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
Hagen said he watched a lot of local access television while in the hospital and was impressed
with the quality.
SHORT PUBLIC ANNOUNCEMENTS
None.
CONSUMER ISSUES
Hardy referred to the complaint report in the meeting packet and said that all complaints had
been resolved. Mekies noted that complaints about Internet speeds have been common.
MEDIACOM REPORT
Grassley reported that transmissions in central Iowa are now all digital. Subscribers who need a
digital to analog converter are given one free of charge. If they need an additional converter, a
rental charge applies. Less than 15% of subscribers require assistance from a technician to
install the converter. Subscribers who previously had a converter and were paying a rental fee
will no longer be assessed the fee. When the Iowa City area converts to all digital transmission
the access channels will remain in their present position. Mekies asked about the announced rate
increases for some services in light of the fact that inflation is near zero. Grassley said part of
the need for increased revenue is to retain and hire highly skilled employees and the costs
imposed on Mediacom by other companies for programming costs and other services. Grassley
said that actual costs to many subscribers is well below the listed retail cost due to the discounts
given for bundled services. Bundled service packages now extend for two years. Mekies noted
that the increased rates are for high-end services that subscribers can avoid if they wish.
Grassley said that the customer service office on Gilbert Street will be moved to Mediacom's
Southgate facility due, in part, to a recent robbery. The public will be notified on their bills and
by a newspaper ad. Grassley said that Mediacom has produced afour-minute psa on the
conversion to digital transmission. Hardy said the City Channel would be glad to cablecast it
when the time comes. Grassley said Mediacom's phone service will be provided in-house by the
end of the year. DOCSIS 3.0 Internet service is available and a marketing campaign will begin
in June or July. Hoerschelman noted that the FCC is looking at the language used by cable
operators advertising their cable modem service speeds as "up to" a certain level and asked if
Mediacom is considering changing their ads. Grassley said Mediacom will wait for guidelines
from the FCC.
UNIVERSITY OF IOWA REPORT
McBride reported that nine of the ten commencement ceremonies have been shot and are on the
air. The last commencement will be shot next week. During the summer staff development will
be priority. Developing playback redundancy is in the works.
KIRKWOOD COMMUNITY COLLEGE
Kirkwood provided a written report.
PATV REPORT
Goding reported PATV experienced some playback problems related to power outages. The psa
supplied to Mediacom for playback has produced good results and generated a large number of
intern applicants. The next guidelines workshop will be June 6 at 2:30 p.m. Other workshops
are by appointment. PATV's website has been redesigned. Among the planned productions is
Arts Fest, Jazz Fest, and Trek Fest. Plans to upgrade to a digital playback system are under way
and will likely be in place by the end of the year. The board of directors will meet June 17 at 7
p. m.
SENIOR CENTER REPORT
No representative was present. Hardy said Susan Rogusky has opted for early retirement.
LIBRARY REPORT
No representative was present.
ICCSD REPORT
Hoyland provided a written report. Hardy said the initiative to assist the schools develop more
programming is working well.
CITY CHANNEL REPORT
Hardy reported that the City Channel's web streaming offerings are available on an iphone and
an audio-only option has also been made available. The Community Television Service recently
recorded a program for United Action for Youth and the annual awards ceremony for the
Alliance for Retarded Citizens. The Friday Night Concert Series is again being recorded. The
new IC People program will feature tree surgeon Seth Bihun and Susan Mimms will be on At
Home. New Community Voice shorts feature the Regeneration Factory and the Iowa Dance
Festival. In the past month 14 public meetings were recorded. Other new programs include the
Johnson County Urbanized Area Board, the Youth Human Rights Award ceremony, and Police
Beat, the new program for the police department. Five candidates made use of the Meet the
Candidate program.
EQUIPMENT CHARGES
Hardy reported that a letter was sent to Mediacom inquiring about charges for converter boxes.
Mediacom responded and clarified that the charge includes a remote control and was within the
maximum permitted rate.
STATE LEGISLATION
Hardy said he has asked the legal department to determine if Iowa City would be protected from
losing its municipal franchise if a competitor indicates an intent to provide service.
ICCSD PROGRAMMING SUPPORT
Hardy said the schools appear to be responding to the initiative to assist the schools develop
more programming. Funds are available from the local programming fund to help with
equipment purchases, if needed. Mekies said the years of efforts by the Commission are paying
off. It appears the obsticles to progress have been removed. Hoerschelman said the Commission
should assess progress in August.
ADJOURNMENT
Mekies moved and Bergus seconded a motion to adjourn. The motion passed unanimously. The
meeting was adjourned at 6:28.
~~
Michael Brau
Cable TV Administrative Aide
TELECOMMUNICATIONS COMMISSION
12 MONTH ATTENDANCE RECORD
July 2008 to CURRENT
Meetin Date Hoerschelman Saul Meikes Bob Kemp Gordon Gary Hagen
7/28/Og X X X X X
8/25/08 X X X o/c X
9/23/08 x x x x X
10.27/08 X X X o/c X
11/24/08 Did not meet
12/15/08 X X X X X
1 /26/09 X X X X o/c
2/243/09 X~ x o/c o/c X
Laura Bergus
4/27/09 X X X X X
6/1/09 x x x vacant X
6/22/09 X X X X
Mekies
7/27/Og X X X o/c x
8/24/09 X X X X X
g/28/Og X X X X X
10/24/09 x x xx o/c
11 /23/09 x x o/c x X
1 /25/10 X X X o/c o/c
2/22/10 X X o/c X o/c
4/26/10 X X o/c X o/c
5/24/10 X X 0 X X
6/28/10 X x 0 X o/c
(X)=Present
(O) =Absent
(O/C) =Absent/Called (Excused)
4b 7
MINUTES APPROVED
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
APRIL 15, 2010 - 6:30 PM
EMMA HARVAT HALL, CITY HALL
MEMBERS PRESENT: Andrew Chappell, Andy Douglas, Jarrod Gatlin
Holly Jane Hart, Rebecca McMurray, Brian Richman
MEMBERS ABSENT: Charlie Drum, Michael McKay, Rachel Zimmermann Smith
STAFF PRESENT: Steve Long
OTHERS PRESENT: None
RECOMMENDATIONS TO THE CITY COUNCIL:
The Commission voted 6-0 (Drum, McKay and Zimmermann Smith absent) to recommend
approval of the Citizen Participation Plan with minor changes.
The Commission voted 6-0 (Drum, McKay and Zimmermann Smith absent) to recommend
approval of the FY11 Annual Action Plan and the FY08, FY09, and FY10 Annual Action
Plan Amendments as proposed by staff, including a recommendation to allocate an
additional $70,000 IN FY11 HOME funds to the City of Iowa City's owner-occupied
housing rehabilitation program.
CALL TO ORDER:
The meeting was called to order by Chairperson Brian Richman at 6:30 p.m.
APPROVAL OF THE MARCH 25, 2010 MEETING MINUTES:
Richman recommended a change in wording on a comment attributed to him.
Chappell motioned to approve the minutes as amended.
Hart seconded.
The motion carried 6-0 (Drum, McKay and Zimmermann Smith absent).
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA:
None.
STAFF/COMMISSION COMMENT:
None.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
APRIL 15, 2010
PAGE 2 of 9
REVIEW OF THE CITIZEN PARTICIPATION PLAN (Recommendation to City Council):
Long said this is an important HUD-required document that is being updated from the last time it
was approved in 2004. He said the format is different though the contents are essentially the
same. Long said the only change staff is proposing is under Section 3, bullet #2. He said there
are now two categories: "substantial change" and "non-substantial change"; previously there
was only the "substantial change" category. Long said that under these revisions, any change
of $50,000 or more would be considered substantial and would require City Council approval.
Anything under $50,000 would go to the City Manager, who would decide if it should go back
before the City Council or the Commission. Long said that a review had been conducted of the
Participation Plans for the other entitlement cities in Iowa and that some of the changes
incorporated into the new document came from those plans. Long said that basically the plan
governed how documents would be made public and what do to if there was a change in
purpose, scope or location for an HCDC-funded project. Long said there have been issues in
the past concerning changes in location; however, that part of the plan has been unchanged
because the City Council has provided good direction with its scattered-site housing policies
and, as it stands, changes in location go back before the City Council. Chappell asked what
~~ „
was meant by the phrase change in scope. Long said it deals primarily with changes in dollar
amounts and significant changes in budget. Long said that this is an area where the City
Manager can make the decision rather than having the matter go back before the Council and
the Commission, so long as the change was non-substantial. Douglas asked if this pertained to
CDBG-funded projects and Long replied that it was in regard to CDBG/HOME-funded projects.
Chappell asked if the language meant that these regulations pertained only to projects that were
originally allocated at least $50,000. Long said that was correct. Chappell asked if the
amendment to the plan was only required if the change in scope also was of at least $50,000.
Long said that was correct, adding that it was $50,000 or 25%. Richman said that it should
actually be "the lesser of." Richman suggested that it should read: "a change by the lesser of
$50,000 or 25% would be considered a substantial change." Long and Chappell agreed.
Richman commented on Section 5, The Citizen Access section. Richman noted that earlier in
the year there had been some issues with the survey for the CITY STEPS plan. He said he
wondered if there were ways to improve that process to garner more participation from the wider
community. He said that it would be valuable to get input from the wider community when
setting strategy, and not just from vested parties. Long said it is difficult to get wide
participation. The City had advertised in the neighborhood association newsletters, had
meetings at different neighborhood organizations and sent direct mailings to targeted
neighborhoods. Long said that he believed there had been some lessons learned from the
online survey. He said it would have been helpful to have a mechanism whereby the same
people could not take the survey more than once. Richman pointed out that this could have
been done by requiring an a-mail address. Richman suggested that it might be useful to
consider having a staff, Commission or Council member appear on a local radio show to talk
about the importance of the process and what actually comes out of it. He said it could be one
way of getting people more interested in participating. Richman suggested adding a sentence
under Media which includes something about making an effort to have City officials appear on
local media to discuss the process. Douglas suggested that City TV would be an appropriate
vehicle for that. Long said these could be follow-ups to the media releases already included in
the plan. Richman said that having people actually discuss the matter in a public venue could
get more participation from the general public.
Chappell motioned to approve the plan with the changes proposed by the Commission.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
APRIL 15, 2010
PAGE 3 of 9
Gatlin seconded.
A vote was taken and the motion carried 6-0 (Drum, McKay and Zimmermann Smith
absent).
REVIEW OF THE FY11 ANNUAL ACTION PLAN AND FY08 FY09 FY10 ANNUAL ACTION
PLAN AMENDMENTS (Recommendation to City Council
Long said that the Commission had already actually considered these matters. He explained
that the FY08 amendment was the result of a CDBG allocation to Blooming Garden for which
the applicant had cancelled its agreement. The Commission terminated the agreement and
reallocated those funds as part of the FY11 funding process. Long explained that the FY09 and
FY10 amendments were the result of Dolphin International having been allocated $188,000 in
HOME funds for down-payment assistance. As that project is no longer moving forward, those
funds have also been reallocated. Long said that this agenda item is the formal process to let
HUD know about the changes. Long said that the Annual Action Plan is currently in the middle
of the public comment period. McMurray asked how many comments were typically generated
for something like this. Long said that it depends. He said that there may not be many for the
amendments, but staff has already received a number of comments on the Annual Action Plan.
Long said there had been comments from applicants that had been pleased with the process
and some comments from Dolphin International as well. Hart asked if the comments were
public and if the Commission would see them. Long said that the comments will be sent to the
City Council as part of their packets and will be forwarded to the Commission at that time as
well. Hart said she would like to see them. McMurray asked if Dolphin International was hoping
that City Council might change the Commission's ruling on their case based on the comments
they were offering. Long said that was likely the hope.
Long said that the FY11 Annual Action plan is aHUD-required document. He said the plan
looks a little different than it has in previous years, as a consultant was hired that used a HUD
template that staff has not used in the past. Long said that this had the effect of making the
document a little less reader-friendly. Long distributed the budget for the CDBG/HOME funds.
He explained that the Commission does not consider Council-mandated earmarks such as The
Economic Development Fund, Aid to Agencies, and Housing Rehab. Richman noted that there
was a memo in the Commission packet outlining the final dollar amounts from HUD. Long said
that they had received some good news. Richman said it looks as though the City received an
additional $70,000 in CDBG funds. He said that staff favors rolling that funding into owner-
occupied housing rehab. Long said this was not correct. He said there had been no increase in
HOME funds, but there had been an 8% increase in CDBG funds. Long said there has been a
pretty drastic decrease in program income in the form of loan repayments because the
refinancing frenzy that had occurred for several years has decreased in the last year or two;
additionally, people are staying in their homes longer and not selling them as quickly as had
been the case in the past. Richman asked for some sort of sense of the magnitude of the drop
in program income. Long said he believed the funds were down about $60,000, and those
funds are used to estimate Aid to Agencies and administration costs. He said that 15% of
CDBG dollars can be used for Public Service applications and up to 20% can be used for
administration. He said that a lot less administration dollars have been used the last two years
because so much time has been used for flood recovery. He said this is part of the reason
there is a little bit of surplus in HOME funds, which is usually used for project cost overruns, or
changes in projects. Long said a lot of projects have issues that come up, so the reserves are
kept to cover those. Long said that HUD has just notified the City that they must have some
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
APRIL 15, 2010
PAGE 4 of 9
funds committed by July 31, 2010, and that one way to do that is to give it to Housing Rehab.
Richman asked if the additional $70,000 would be money above and beyond the $212,000
earmarked by Council and Long said that it would be. Richman asked how that $282,000 would
compare to what had been earmarked by Council in the past. Long said he believed that last
year's earmark was $228,000. Long noted that with HOME funds and Housing Rehab a
comprehensive rehabilitation of the property must be done; it is not allowable to simply go in
and replace the furnace as it would be with CDBG funds. Richman said the question is if the
Commission wants to go in and allocate it to owner-occupied housing rehab, or to something
else. Long said that staff had chosen Housing Rehab because they knew they could commit it
quickly as they have a waiting list of people. Richman said that is fine unless Commissioners
have other ideas. Hart and Chappell said they have no problem with staff's proposal for the
money.
Long said the first part of the Annual Action Plan explains what the goals are in CITY STEPS,
how they will be met, and the anticipated resources for the next year. He said CITY STEPS is
then basically summarized. Long said that Appendix A describes each project with the
objectives, outcomes and accomplishments. He noted that the Commission's Justification
Memo is attached at the end. Long said that City Council does look at the Justification Memo,
so he appreciated the time the Commission put into it. Hart asked who had done the memo this
time and Richman said that he and Zimmermann Smith had done it.
Chappell asked about the public policy recommendations on page 29. He noted that one of
these recommendations was to adopt a mandatory inclusionary zoning ordinance. He said it
was his understanding that at a recent work session the City Council disavowed itself of any
interest in inclusionary zoning at this time. Chappell asked if the Commission should then
remove that recommendation. Long said that they could not remove it because it was part of
CITY STEPS and had been adopted. Douglas said that the City Council might choose to revisit
the issue. Long said CITY STEPS is reviewed every fall. Douglas said he liked the idea of
leaving it in, as it may put the slightest bit of pressure on the Council. Long said he would
anticipate at least one or two of the Council members revisiting this in the fall.
Douglas said that he had come across a statement in the plan that encouraged the creation of
co-ops for the management of mobile home courts. He asked if this was something new. Long
said that it was new, and that it had come about as a result of the Housing Market Analysis that
was done just prior to CITY STEPS. Douglas asked if this was actually happening. Long said it
was not. He said there had been discussions with one mobile home park that is actually outside
the city limits, but that nothing has gone beyond the discussion phase. McMurray asked what
was meant by a "cooperative." Long said that instead of a mobile home having a single, private
owner, everyone in the mobile home park would own a share of it and would have a voice in its
management. Long said this has been done in other parts of the country. Douglas said that the
current owners of a mobile home park would have to be interested in selling to a cooperative
entity. McMurray asked if ,Iowa City had more mobile home parks than is usual as it seemed
like there were a lot of them. Long said he did not believe so, but that many of them were just
outside the city limits. Richman said it was relative; there were more than in Manhattan, for
example. Long said that Habitat for Humanity had put together a good study of mobile home
parks and presented it to the Board of Supervisors last month. He offered to forward it to
Commissioners. Long said there is one park in Iowa City where 88% of the homes were built
before 1976, when HUD passed requirements banning the use of aluminum wiring and requiring
the use of 2x4s and 2x6s in their construction. McMurray said that if the mobile home parks
were outside the city then there was not really anything the Commission could do about them.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
APRIL 15, 2010
PAGE 5 of 9
Long said that the Commission could direct staff to study the issue within the city limits if they
were interested in learning more.
Long said that if the Commission wished to put some of the extra funds into Housing Rehab
then that should be stated as part of any recommendation the Commission makes.
Douglas motioned to adopt the FY11 Annual Action Plan and FY08, FY09, and FY10
Annual Action Plan Amendments as proposed by staff, including a recommendation to
allocate an additional $70,000 in FY11 HOME funds to the City of Iowa City's owner-
occupied housing rehabilitation program.
Hart seconded.
The motion carried 6-0 (Drum, McKay and Zimmermann Smith absent).
DISCUSSION OF FY10 PROJECTS THAT HAVE NOT PERFORMED PER THE
UNSUCCESSFUL OR DELAYED PROJECTS POLICY:
Long explained that the City has a policy which states that if a CDBG applicant has not
expended at least 50% of their funds by March 15th they must come back before the
Commission. At that time, staff reviews all of the budgets to make sure that they are on track.
Long stated that there are five applicants that have not spent 50% of their funding. MECCA's
Aid to Agencies funding has not yet been spent; however, Long said that they simply have not
yet billed the City for the funds. Long said that the same is true for Successful Living's
Therapeutic Recreation Program. Long said that United Action for Youth had received funds to
renovate the exterior of their facility on Iowa Avenue. He said that the project had involved
painting, and the weather had not been warm enough to allow the work to be done prior to
March 15th. The Neighborhood Centers of Johnson County (NCJC) received funds to replace
an exterior deck. Long said they hoped to begin by May 1St, and staff is confident that project
will go forward. Richman noted that this would only give NCJC two months to spend their
allocation. Long said that after talking to the architect, staff is confident the project will be done
by then. Long said MECCA's security improvements are on track to be completed. Long said
that all of the projects seem to be on target for completion and that it is unlikely that any of those
CDBG funds will need to be recaptured. The new facility for Shelter House is under
construction and will be completed on schedule. They drew down the CDBG Stimulus funds
first and the FY10 CDBG funds will be drawn down by the end of the fiscal year.
REVIEW OF THE FY11 ALLOCATION PROCESS:
Long said this agenda item offers Commissioners the opportunity to consider (or form a
committee for further consideration of) how the allocation process went overall, and/or any
changes or recommendations the Commission might have in terms of meeting format,
application materials, outreach to the community, etc. He said the idea was to have the
Commission start thinking about it while the process is still fresh in their minds. He said that the
issue can be set as an agenda item for a later date, or a subcommittee could be formed to
revamp things somewhat. Richman said he still felt like the ranking process is less than perfect.
He said that the categories and line items available to rank some of these projects still need
some work. Richman said that he believed the ranking forms could certainly be improved to
better reflect some of the things that go into the consideration of these projects. Douglas said
he would agree with that. He said that some of the points are so broad as to be meaningless
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
APRIL 15, 2010
PAGE 6 of 9
and can be applied to all of the projects. Richman said that putting criteria that Commission
members do not necessarily put a lot of weight on tends to unfairly skew the process. Long
asked if having separate ranking sheets for rental projects and owner-occupied projects would
be helpful. Richman said he personally would not find that particularly helpful. Richman said
that he would very much like to see the staff reports delineate specifics about the ability of
applicants to repay all or portions of their loans. Chappell asked if Richman meant that staff
should support recommendations on financing. Richman said that was correct. He said that
this year all of the applicants for housing requested some variation of a forgivable loan. He said
that this was not addressed in the initial staff reports, though Long and Hightshoe had provided
this sort of information later on. He said it might be helpful to see this information earlier in the
process. Richman said that one thing that could go on the ranking sheets is whether the
Commission feels the proposed financing terms and developer fees are appropriate or
reasonable. Douglas noted that this might cause applicants to think a little bit more about the
terms they request. Hart said that was a good idea. She said that there are some projects or
applicants that will simply never bring the kind of resources to the table that would allow
repayment; however, there are some applicants that can repay. Chappell said that overall the
process had been about as efficient as he could have imagined it to be. He said that in the end
he is not sure what he got from some of the site visits; however, for a project like DVIP's ramp, it
did help to understand the nature of the project better. Long advised Commissioners to
continue thinking about the issue. Chappell said he had concerns similar to Richman's
regarding the ranking sheets. McMurray said she would like to be able to give additional points
for green projects. Chappell said he wondered if there could be some sort of discretionary
points that are awarded to projects, as so often it wound up that all of the applicants had the
same point totals. Chappell said that he sometimes became so absorbed with the ranking sheet
that he then ignored the priority level. He said he could not, however, figure out how to build the
priority levels into the ranking sheets. Long said the function of the sheets in their present form
is to serve as guides for the Commissioners' recommendations. Richman pointed out that in the
last allocation cycle rental housing was a high priority and owner-occupied was either medium
or low. Richman said that, nonetheless, funds were appropriated for owner-occupied projects
such as Habitat for Humanity, though all of the funds could have been allocated to rental
projects that were technically ranked as being of a higher priority. Richman said he agreed with
Chappell's idea of having some way to reflect the more subjective assessment that shows up in
the rankings. Douglas said that ultimately it seemed as though the Commission did not really
pay much attention to the rankings. He said the rankings serve as a process for Commissioners
to wrap their heads around a project, but in the end they are not used much. Richman asked
Long what a good process for improving the allocation system might be. Long suggested
having a subcommittee get together to go over the process. He said that in the past staff has
contacted other communities to see what they do. He said Iowa City is one of the few to use a
ranking sheet. Chappell asked if any of the feedback from applicants made reference to that
part of the process. Long said that Habitat had some concerns about the ranking process.
Chappell asked what the nature of their concerns was. Long said that they seemed to think it
was not really worthwhile to even use the ranking sheets. He said it was the opinion of the
person who offered comments on Habitat's behalf that the Commission should either strictly use
the ranking sheets or should strictly use the priority levels. Long said the ranking sheets were
set up to be used as a guide. He said that, to be honest, one of the original intentions of the
system was to weed out some of the applications that did not seem to be feasible; a score of
less than 65 meant the project would not be funded. Long said that since then the ranking
system has evolved quite a bit, and continues to evolve. McMurray said she thought the
rankings had been intended to eliminate some of the biases Commissioners might hold. She
said that everyone has their own favorite projects and agencies that they cannot help but want
to aid. She said that the rankings have been useful for her in checking those inherent biases,
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
APRIL 15, 2010
PAGE 7 of 9
and seeing that although she may really like a project, if its ranking is low it should be funded
lower, if at all. Gatlin said that he would not want to see the ranking sheet eliminated, but some
modifications would be helpful. Gatlin said it had been helpful to him to see how other
Commissioners had ranked projects. McMurray said it would make sense to eliminate
categories where either all points or no points are awarded across the board. McMurray gave
the category of "human resources" as an example of this. Long explained that this category
was put in place to level the playing field for agencies such as Habitat for Humanity that had a
lot of volunteer power but few outside resources who were competing against agencies with a
lot of resource power but little volunteer support. Richman said this brought up the issue for him
regarding the applicants' documented attempts to secure outside funding. He said it has never
been clear to him how specifically the ranking sheet is asking applicants to detail the efforts they
have made to secure outside funding. Chappell said it may be helpful to have a meeting prior to
using the ranking sheets where Commissioners discuss what those individual categories mean.
Chappell said that he remembers having questions about how two categories actually differed.
He said there was no need to get dogmatic about it, but that a conversation about individual
interpretations might lead to a better understanding in the end. Long said that would be a good
way to get everyone on the same page.
Richman said that ever year there is recognition that there are some problems with the process,
but by the time the Commission starts talking about it, the process is six months behind them
and no longer fresh in their minds. Richman proposed that Long a-mail out the three ranking
sheets and everyone take ten minutes to evaluate which ranking items are problematic; then, at
the next meeting the Commission can discuss ways to improve the ranking system. The
Commission agreed to proceed in this manner.
DISCUSSION OF THE COMMUNITY DEVELOPMENT CELEBRATION:
Long explained that this is an annual celebration that is held to focus on community
development and what the funds actually do in the community. He said it is usually held at a
place that has been assisted by HCDC. Chappell asked who attends the celebration. Long
said that there are typically around 100 people; recipients of FY11 allocations are
acknowledged. He said that invitations are issued to neighborhood groups, community
members, realtors, former members, etc. He said the event is promoted through local radio and
cable television as well as press releases. Long said that it does typically work best if a couple
of Commissioners take the lead on the project. He said that staff generally sees to the details,
but they take ideas from the Commission members. He said that there will be an intern
available to help with the celebration this year. Hart said she would be willing to help with this
celebration. Long said the committee would pick a theme and a location. Staff then solicits
donations from area restaurants to provide food. Long noted that last year First American Bank
donated funds to purchase food for the event from restaurants that had been assisted by CDBG
funds. Long said that banks are historically good donors in part because of the Community
Reinvestment Act. He said he would send out an a-mail about this to Commissioners who were
not present.
MONITORING REPORTS:
Shelter House -New Construction 8~ Operations (McMurray): McMurray said she was
unable to speak with Kafi Dixon directly, however the $2,500 operational expenses for STAR
has been fully expended. The CDBGR stimulus money in the amount of $116,785 is also fully
expended. The $194,483 in CDBG funding was also allocated to this project and the funds
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
APRIL 15, 2010
PAGE 8 of 9
have not been expended; however, the funds will be spent by the end of the fiscal year..
McMurray said that Shelter House had sent her a construction summary to show what has been
finished on the project, and the budgetary changes that have occurred. Richman asked if they
were on schedule to finish in the fall. McMurray said that she had asked that but no date had
been given in their reply. Long said that they are governed by very strict funding deadlines so
they will be finished by October. He shared photos from the Shelter House website.
United Action for Youth -Facility Rehabilitation (Gatlin): Gatlin said that UAY had been
allocated funds for maintenance and structural updates to their property at 422 Iowa Avenue.
Gatlin said that the project was 80% done as of two weeks ago. The painting and the structural
updates to the stairs and the exterior of the house has been completed. Gatlin said a new door
has been put in and the window update will be completed by July 1 S`. He said they are
approximately $2,000 over budget, but definitely feel they will be finished within the required
timeframe. Long asked how that $2,000 over-run would be paid. Gatlin said that they had
mentioned there had been some funding available through CDBG in the past and that they
would be contacting Long and Hightshoe.
Aid to Agencies -United Action for Youth, Elder Services Inc., MECCA (Douglas):
Douglas said that Elder Services had received $54,000 in funding from Ald to Agencies,
$41,000 of which has been spent. He said they are on track to sperid the full amount for their
case management department, which helps elderly and frail people stay in their homes by
having services arranged for them. Douglas said that he had not spoken with MECCA, but he
believed Long's report had already addressed the MECCA issue. Douglas said he would
address UAY at the next meeting.
ADJOURNMENT:
Gatlin motioned to adjourn.
Douglas seconded.
The motion carried 6-0 (Drum, McKay and Zimmermann Smith absent).
The meeting was adjourned at 7:33 p.m.
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07-12-10
4b 8
MINUTES APPROVED
PLANNING AND ZONING COMMISSION
MAY 20, 2010 - 7:00 PM -FORMAL
CITY HALL, EMMA J. HARVAT HALL
MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Elizabeth Koppes,
Wally Plahutnik, Tim Weitzel
MEMBERS ABSENT: Josh Busard, Michelle Payne
STAFF PRESENT: Bob Miklo, Jacob Rosenberg, Karen Howard, Sara
Greenwood Hektoen
OTHERS PRESENT: Dave Larsen, Glenn Siders, Steve Goetzelman,
Kent Ralston
RECOMMENDATIONS TO CITY COUNCIL:
1. The Commission voted 5-0 (Busard and Payne absent) to approve REZ10-00008,
an application submitted by Dealer Properties IC, LLC fora rezoning from
Highway Commercial (CH-1) to Intensive Commercial (CI-1) zone for
approximately 22.83 acres of property located west of Mormon Trek, south of
Highway 1, adjacent to City View Drive, subject to a Conditional Zoning
Agreement (CZA) that addresses the following:
1. Landscaping requirements for frontages on Mormon Trek Boulevard, Highway
218 and Highway 1 to be approved by staff.
2. Building and site design standards that address the appearance of the
development and the location and screening of loading docks, garbage
dumpsters, outdoor storage areas and other service areas or equipment.
3. Restrictions on lighting as deemed necessary by the Airport Manager.
4. The provision of an adequate buffer from the residential properties located to
the south.
2. The Commission voted 5-0 (Busard and Payne absent) to approve an amendment
to the Zoning Code to allow more flexibility in the application of development
standards as they apply to nonconforming developments.
3. The Commission voted 5-0 (Busard and Payne absent) to approve an amendment
to the Zoning Code to refine the definition of regulated stream corridors to
exclude drainageways that do not have a bed and bank defined by an ordinary
high water mark and a definite direction of flow.
CALL TO ORDER:
The meeting was called to order at 7:02 p.m. by Chairperson Ann Freerks.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
Planning and Zoning Commission
May 20, 2010 -Formal
Page 2 of 11
None.
REZONING/DEVELOPMENT ITEM:
REZ10-00006 &SUB10-00002: Discussion of an application submitted by TNT Land
Development LLC for a preliminary plat and rezoning from Low Density Single Family
(RS-5) to Planned Development Overlay -Low Density Single Family (OPD-5) for Terra
Verde, a 58-lot, 23.22-acre residential subdivision located at 2949 Rochester Avenue.
Miklo stated that this item needed to be deferred indefinitely. Staff is waiting for a wetland
mitigation plan, as well as a plan the addresses the woodlands and the stream corridor on the
property.
Freerks opened the public hearing.
No one wished to speak to the issue and the public hearing was closed.
Weitzel motioned to defer the application indefinitely.
Koppes seconded.
Eastham noted that he would be abstaining from this item.
A vote was taken and the motion to defer carried 3-0 (Eastham abstaining; Plahutnik not
present at time of the vote; Busard and Payne absent).
REZONING ITEM:
REZ10-00008: Discussion of an application submitted by Dealer Properties IC, LLC for a
rezoning from Highway Commercial (CH-1) to Intensive Commercial (CI-1) zone for
approximately 22.83 acres of property located west of Mormon Trek, south of Highway 1,
adjacent to City View Drive.
Jacob Rosenberg stated that the applicant is requesting the rezoning to allow for the property to
be used as a car dealership and collision repair facility. Rosenberg said that Lot 1 of the subject
property is currently occupied by Billion Honda car dealership. The applicant has indicated that
they may re-subdivide in the future.
Rosenberg said that the property was annexed by Iowa City in 2003 to support the City's goal of
developing commercial areas near the airport. At the time, the property was zoned Highway
Commercial (CH-1) to facilitate the development of service uses relating to expressways or
other major arterial thoroughfares. These commercial enterprises include: food, lodging, motor
vehicle service and fuel. At the time of that zoning, auto sales were allowed in the CH-1 zone. In
2005, a new zoning code was adopted which limited retail uses in the CH-1 zone to those
necessary to serve highway traffic. As a result, the auto dealership on Lot 1 is non-conforming.
Rosenberg explained that the requested zone, Intensive Commercial (CI-1 ), is intended to
provide areas for those sales and service uses whose operations are typically characterized by
outdoor display and storage of merchandise. In this zone, special attention must be directed
toward buffering negative aspects of allowed uses from adjacent residential zones.
Planning and Zoning Commission
May 20, 2010 -Formal
Page 3 of 11
Rosenberg noted that the Comprehensive Plan supports both CH-1 and CI-1 for the South
Central District area's future land use scenario. The plan identifies the subject property and
neighboring properties as suitable for large lot commercial uses with extensive outdoor storage.
However, because the area serves as an entranceway to the city, the Plan also stresses the
importance of aesthetics as the area develops. Rosenberg explained that the South Central
District Plan specifies that intensive commercial properties on such entranceways are expected
to upgrade landscaping and other design features to provide a consistent and attractive
streetscape. He said that staff feels a Conditional Zoning Agreement (CZA) that includes
standards to ensure that the property develops in a way that conforms to the policies of the
Comprehensive Plan would be appropriate. Such a CZA would address landscaping, screening,
and building and site design approval.
Rosenberg said that the property is highly visible from Highway 218, and that staff would like to
see a landscape buffer located in the rear of the property. He explained that Outlot B is a storm
water management area, and that a wetland mitigation and compensatory mitigation plan were
required prior to the subdivision of the property. However, there is some question as to whether
those facilities would still be adequate for the proposed use. Calculations will need to be
submitted to the City Engineer to assure that there will be adequate storm water storage.
Rosenberg stated that provided that the concerns regarding the appearance of an entranceway
to the city are addressed and all residential areas are adequately buffered, staff believes that
the CI-1 zone would be compatible with the neighboring land uses.
Rosenberg said the presence of a number of other car dealerships in the area would be a
benefit as it results in the clustering of like-businesses.
Rosenberg said that there are not many other CH-1 zones in the city, roughly 35 acres. He said
there is a notable amount of undeveloped CH-1 zone located at Highway 1 and Interstate 80.
Staff recommends that REZ10-00008, an application to rezone 22.38 acres of land at Mormon
Trek Boulevard and City View Drive, be approved subject to a Conditional Zoning Agreement
that addresses the following:
1. Landscaping requirements for frontages on Mormon Trek Boulevard, Highway 218 and
Highway 1.
2. Building and site design standards that address the appearance of the development and
the location and screening of loading docks, garbage dumpsters, outdoor storage areas
and other service areas or equipment.
3. The provision of an adequate buffer from the residential properties located to the south.
Miklo added that the concern regarding the appearance from Highway 218 does not concern the
display lot; rather, it is the back of the dealership, which will have dumpsters and storage lots.
Freerks asked if the 35-acres of CH-1 referenced by Rosenberg included the subject property;
Rosenberg clarified that it did not include the subject property.
Koppes asked to be shown where staff desired to have screening on the south side. Rosenberg
said that there were trees in that area, but not very many. He said that the applicant is
proposing an auto repair facility for that lot and staff has concerns about buffering those areas
from the view of residential uses. Miklo said the outlot is fairly wooded. Koppes asked if the
Planning and Zoning Commission
May 20, 2010 -Formal
Page 4 of 11
wooded area would be protected and Miklo said that it would as it is an outlot for storm water
management and a wetland area, so no development could occur there.
Eastham asked if access to the ID-RS area to the south was a concern. Miklo said that one of
the reasons the area is zoned ID-RS is because there is no access. He said that the area would
require access from the property to the south. He said there is some question as to whether it
will ever be developable. The property owner to the south is doing a prairie restoration on his
land and has talked about the possibility of dedicating the prairie to the City as open space.
Miklo said that given the topography and the terrain, the only access would have to come from
the neighboring property.
Eastham asked if the provisions of the CZA would allow input of the tone and or shade of the
exterior finish of the buildings. Miklo said the primary concern with that would be to avoid such
things as corrugated metal buildings. Miklo said that such conditions have been imposed on
Scott Six Industrial Park and the lots along Scott Boulevard. In that case the requirement was
that areas visible from the street must have masonry or architectural metal finishes. He said that
he did not believe color or details beyond general language regarding building materials and
screening of loading docks would be justified in this case.
Eastham asked about the covenant governing the property. Miklo said that the covenant applies
to JJR Davis and specifies that property visible from public streets have to have a masonry or
architectural metal finish. Miklo said that the City has does not enforce covenants. As a result, if
such a requirement was desired by the Commission, then it would be appropriate for inclusion in
a CZA.
Freerks opened the public hearing.
Dave Larsen, 277 Hickory, Kalona, appeared on behalf of the applicant. Eastham noted that the
current dealership, Billion Honda, is bright white and is very prominently displayed. He asked
Larsen if it was his experience that dealerships tend to insist on very obvious buildings or if they
would be open to a more toned-down appearance. Larsen said that some dealerships are open
to that, and some are not. Larsen said that his understanding for the design of the buildings in
question is that they will be of similar metal panels to those used in the Billion Honda building.
Larsen said that there is only one residential property visible from part of the property, and the
dealership is purchasing that home and removing it. He said there is already a substantial
amount of screening for the area. He noted that there are not only trees along the property line,
but that a portion of it is also elevated, further blocking views of the proposed dealership. He
circulated photographs to demonstrate this point.
Larsen said that his original vision was for a hotel on the property on the Menard's side of the
road; however, the three or four hotels that have expressed interest have been unable to obtain
financing. He said that as a result, they are interested in rezoning that area to commercial as
well.
Miklo noted that the trees described by Larsen are along a creek bed and are not currently
under the control of the applicant. Staff thinks that it would be helpful to have some S3
screening along the southern portion of the lot or the outlot to assure that the existing residential
neighborhood is buffered from the proposed CI-1 zoning.
Larsen said that it is the request of the applicant to have the matter voted on at this evening's
Planning and Zoning Commission
May 20, 2010 -Formal
Page 5 of 11
meeting as they are attempting to move forward as quickly as possible.
Freerks noted that Larsen had indicated they would follow the good neighbor policy. She asked
if they had met with anyone. Larsen said that all of the important people had been made aware
of the plans for the property.
Greenwood Hektoen noted that it takes four votes to approve a rezoning.
Freerks invited other members of the public to speak to the issue.
No one wished to speak and the public hearing was closed.
Koppes motioned to approve REZ10-00008 subject to a Conditional Zoning Agreement
that addresses the following:
1. Landscaping requirements for frontages on Mormon Trek Boulevard, Highway
218 and Highway 1 to be approved by staff.
2. Building and site design standards that address the appearance of the
development and the location and screening of loading docks, garbage
dumpsters, outdoor storage areas and other service areas or equipment.
3. Restrictions on lighting as deemed necessary by the Airport Manager.
4. The provision of an adequate buffer from the residential properties located to
the south.
Eastham seconded.
Eastham said that the only difficulty he has with car dealerships in that area is that the buildings
tend to have a very large, light exterior. He said that with two or three buildings in one area that
could be a factor. He said that he understood that the Commission may have limited control
over that.
Koppes said she is fine with rezoning the area CI-1, but that the Commission may need to
examine whether CH-1 is really a legitimate zone at this point. She would like to see the zoning
for that area become stable and not continuously before the Commission for changes.
Plahutnik said that he realized he was jumping into the meeting a little late, but that he agrees
with Koppes in that he does not like the idea of zoning and rezoning an area multiple times.
However, he said he also understood that it was an area that for the most part is undeveloped
and that a lot depends on what kind of businesses people are able to get into the area. Freerks
asked Plahutnik if he had attended the informal meeting and if he had heard what the applicant
had presented at this meeting. Plahutnik said he had.
Weitzel said that in reviewing the Comprehensive Plan, he has determined that the CZA is
appropriate and necessary for maintaining an attractive entranceway to the City.
Freerks said that she felt it would be good to bring the car dealership into conformance. She
said that either zone would be consistent with the Comprehensive Plan and she agrees that the
back and forth zoning is not good for the area. She said she hates to see the dwindling of the
CH-1 zone; however, as was discussed at the informal meeting, there is a lot of overlap
between CH-1 and other zones. She agreed that it might be good for the Commission to further
consider the future of the CH-1 zone. She said she did not have a problem with the color
Planning and Zoning Commission
May 20, 2010 -Formal
Page 6 of 11
chosen by the applicant so long as it conformed to design standards and passed staff review,
and that she did believe the buffer was necessary.
A vote was taken and the motion carried 5-0 (Busard and Payne absent).
ZONING CODE ITEMS:
1. Discussion of an amendment to the Zoning Code to allow more flexibility in the
application of development standards as they apply to nonconforming
developments.
Howard explained that nonconforming situations occur when the zoning designation of a
property is changed or zoning regulations change such that existing, lawfully established uses,
structures or lots no longer comply with zoning regulations. Without provisions in the code to
address nonconforming situations, properties would have to immediately be brought into
compliance when the code or zoning changed. The codes governing nonconformance provide
relief to property owners and address a whole variety of situations that could occur over many
years as property develops, redevelops and/or changes hands. Howard said the intent of the
policy is to guide future uses and development so that it is consistent with City policy, to protect
the character of an area, and to bring, over time, development into compliance with City
regulations.
Howard noted that there can be many different types of nonconforming situations, but that the
matter before the Commission this evening involves nonconforming development.
"Nonconforming development" is defined as an element of development such as a parking area,
a loading area, outdoor lighting, landscaping, and other site elements that were established in
conformance with code but which subsequently became nonconforming due to a change in the
regulations or a change in the zoning designation of the property.
Howard said that in 2005, the City revised its zoning code and specifically tried to address
parking areas, outdoor storage areas, and buffering and screening standards. In doing so, the
City attempted to address possible nonconformities in these areas. Even though allowances
have been made to be more flexible as nonconforming properties redevelop over time, Howard
said it is apparent that the code is not always flexible enough to address situations when uses
change, particularly within multi-tenant buildings or shopping centers or when a property is
vacant for a period of time. This has created a hardship for some property owners. Howard
offered the example of a local mall in which each time a new tenant moved into the building the
mall would be required by code to come into full compliance. Howard said the intent of the
nonconforming regulations is to allow properties to more gradually make improvements to bring
parking areas, outdoor storage and display area, etc into compliance.
Howard shared a number of photographs that identified nonconforming sites, as well as
photographs of sites in compliance with the most recent zoning code. Howard said that the goal
is to bring properties into compliance over time, while creating a situation that is flexible enough
to allow for consideration on a case by case basis as properties redevelop over time.
Howard explained that the new provisions would deal with three basic situations:
1. When there is a change in use, whether it is within amulti-tenant building or a property
with just one building or tenant space;
2. When a property is vacant and there is no principle use on the property; and
Planning and Zoning Commission
May 20, 2010 -Formal
Page 7 of 11
3. When a use is proposed for a property where the buildings have been demolished or
destroyed.
Freerks opened the matter for discussion by the Commission
Eastham asked if this would apply when a building is in a state of obvious disrepair. Howard
clarified that the provisions concern uses, not buildings, adding that if a property has been
vacant for a year with no principle use, then when a new use moves in the entire property must
be brought up to code.
Freerks asked who would be reviewing this process. Howard explained that if the property
owner needed a minor modification that would be handled administratively by staff.
Eastham noted that these provisions allow the Building Official to either modify or waive the
standards. Howard said that the language allowing the Building Official to waive requirements
came about as a result of instances where there has literally not been enough space on a site
for it to be brought into compliance with all code requirements. Howard noted that the property
owner would still be required to go through the minor modification process and justify their
request. She said she predicted that complete waivers would be fairly rare and typically the
applicant is required to mitigate for any potential negative impact that might occur because of
the nonconforming situation.
Freerks opened the public hearing.
Glen Siders, Southgate Development Services, addressed the Commission. He said that he
appreciates the City and staff looking into this matter; he has been frustrated by some of the
challenges presented by the current code. He said that he appreciates Howard's memo, and
concurs and endorses it. However, he said that as he reads the ordinance he does not see in its
language some of the things Howard had said were addressed by it. Siders said that there are
two situations that his development company has been confronted with the most. The first issue
arises in situations where the parking begins closer to the property line than the required ten
feet. He said he hoped that this issue could be addressed as a minor modification. The second
issue, Siders said, results from requirements for landscaped islands in parking lots. Siders said
that the staff memo indicates that parking lot standards would not be enforced in those cases;
however, he did not see the language in the code that actually addressed that. Howard pointed
out the portion of the code that would apply to the scenarios Siders proposed and confirmed
that the new provisions, rather than requiring all elements to be brought into compliance would
only require compliance with a few of the most important, including screening of parking,
loading, outdoor storage and display areas along streetside lot lines and any adjacent park or
public trail or the Iowa River (rather than along the sides and rear property lines) and planting
street trees when applicable.
Siders said that he always becomes a little nervous when he sees terms in an ordinance like
"feasible," "practical," or "would unduly reduce the ability ..." Siders stated that this language
was very subjective. He said he appreciates what the City is trying to do, but such subjectivity is
cause for concern. He said that leaves interpretation open to whichever individual in a given
department reviews a plan. Howard said that this subjective language is actually an
improvement of the code because as it is written now, there is no means in the code to apply for
or be granted a minor modification. Siders said he understood that, but that he could not help
but be concerned by the subjectivity of the language. Freerks said the idea is that every
situation needs to be assessed on its own terms because each situation is different. She said
Planning and Zoning Commission
May 20, 2010 -Formal
Page 8 of 11
that the code could not say "always," as Siders might want it to and trying to come up with black
and white language would take away the very flexibility that these provisions were intending to
provide to property owners. Siders said he understood and he had no suggestions for
alternative language.
Steve Goetzelman, 632 Reno Street, said that he had opened a small business in Iowa City last
April; that business was a change of use for the property, and the estimate to make the changes
required to bring the property into compliance with code was somewhere around $180,000.
Goetzelman said that they would never have been able to recoup those costs or even open the
business if they had taken on those renovations. He said that they are currently operating with a
temporary permit, but would like the opportunity to be more "official". These changes in the
zoning code would offer encouragement to small businesses, Goetzelman said.
There were no further comments and the public hearing was closed.
Freerks invited a motion.
Koppes made a motion to approve an amendment to the Zoning Code to allow more
flexibility in the application of development standards as they apply to nonconforming
developments.
Weitzel seconded.
Eastham said he believed flexibility is a good thing and will generally improve the situation.
Eastham said that he did have one concern, however. He reviewed the Neighbors for Miller
Orchard Action Plan with a lens toward how these changes might affect the changes neighbors
in that area wished to see. He said that beautification of entranceways to the areas was one of
the goals of the plan, and he wondered how these zoning changes might improve or reduce the
likelihood of changing those streetscapes. Eastham said he did not see language that required
the Building Official to consider the needs for neighborhood improvements against the
difficulty/hardships caused to the individual property owner if required to bring the site up to
code. Koppes said that the flip side of that is that there is nothing to indicate that these changes
will prevent improvements to the Miller Orchard area.
Weitzel said that he felt the changes were positive. He said that it is good to allow a business to
move in and open, and not to discourage new business with cost prohibitive standards. Weitzel
said that while he believes the standards are good, this will provide another tool to the Building
Official. He said that the language is subjective of necessity; if the goal is flexibility then there
cannot be a lot of "shall" and "should" in the language. Weitzel said that decisions need to be
well founded. He said he agreed that the priority should be on screening from public streets and
sidewalks above putting trees in parking lots. He said the last requirement he would like to see
waived would be screening from the street.
Eastham agreed that the street screening is much more important than interior landscaping.
Plahutnik said that in this case, the Commission is seeking to come up with general rules rather
than looking at a specific case. He said that his review of the ordinance did not find anything to
indicate that staff would roll-over for every request. He said that he was pretty sure that staff
was rather tenacious about making sure that zoning standards are adhered to whenever
possible. Plahutnik said that zoning is by its nature imprecise. He said that if it was found to be
necessary, it would certainly be possible to come up with specific definitions for "undue",
"feasible", etc. He said that language could also be added that takes a given neighborhood into
Planning and Zoning Commission
May 20, 2010 -Formal
Page 9 of 11
account, and the fact that in certain instances requirements should not be waived. However,
Plahutnik said, what is before the Commission represents a pretty good start.
Freerks said she appreciated Eastham bringing up the Miller Orchard neighborhood plan.
However, she said that she would not want any sections of the city to be exempted from the
changes because she thought that could lead to greater problems. She noted that if businesses
believed that it was more expensive to open in a given area due to zoning restrictions, it could
lead that area into more problems when the goal had been to improve it. She said that she
believed that the right decisions would be made in regard to waivers and flexibility. Freerks said
it is always a balancing act.
There was no further discussion on the matter.
A vote was taken and the motion carried 5-0 (Busard and Payne absent).
2. Discussion of an amendment to the Zoning Code to refine the definition of
regulated stream corridors to exclude drainageways that do not have a bed and
bank defined by an ordinary high water mark and a definite direction of flow.
Howard explained that currently the City relies on USGS quadrangle maps to define stream
corridors, which are regulated in the City's sensitive areas ordinance. Howard said that while the
maps are generally reliable, there are times when a specialist finds that a blue line does not
signify an actual stream corridor. Howard said that this could be because the map is out-dated
or because the map was simply incorrectly drawn due to reliance in aerial photos rather than
field verification. Howard said staff would like to have the flexibility to have these types of things
field-verified, and find that there is no stream if there is no defined bed and bank. Howard said
this would bring the City into closer conformance to how the Army Corp of Engineers looks at
and regulates stream corridors.
Howard said that the changes to the code are fairly simple. Staff has added definitions and
outlined exactly what wording would be deleted in the Environmental Review and Sensitive
Areas Ordinance.
Freerks opened the public hearing.
No one wished to speak to the issue and the public hearing was closed.
Weitzel motioned to approve an amendment to the Zoning Code to refine the definition of
regulated stream corridors to exclude drainageways that do not have a bed and bank
defined by an ordinary high water mark and a definite direction of flow.
Koppes seconded.
Plahutnik asked how areas that had formerly had stream-beds but had been disturbed by land
movement or bulldozing would be treated. Howard said that in many cases streams had been
degraded by tiling that was done on farmland; in those cases the streams are often no longer
present. Howard said that the stream corridors the City wants to protect are those corridors that
convey water within a channel that is visible on the ground even if the flow is intermittent. She
said the goal is to protect the environmental value that streams provide. She said if there is no
value left to protect, then there is no point in protecting the site of a former stream.
Planning and Zoning Commission
May 20, 2010 -Formal
Page 10 of 11
Eastham asked if this approach was similar to what other communities in Iowa were doing.
Howard said she believed Iowa City was far ahead of other communities in Iowa with regard to
our environmental regulations. She said there were very few communities that have a sensitive
areas ordinance. She noted that in some instances, Iowa City's ordinance is stricter than the
Army Corp of Engineers' regulations.
A vote was taken and the motion carried 5-0 (Busard and Plahutnik absent).
CONSIDERATION OF MEETING MINUTES• Mav 3 2010 (informal) and Mav 6, 2010
formal
Koppes motioned to approve the minutes.
Eastham seconded.
The minutes were approved 5-0 (Busard and Plahutnik absent).
OTHER:
Presentation of JCCOG Lona Ranae Multi-Modal Transportation Plan by Kent Ralston.
Ralston explained that JCCOG is the metropolitan planning organization for the Iowa City
urbanized area. He said that their specialty is transportation planning; however, they do some
land-use and human services planning as well. The Multi-Modal Transportation Plan is a
document that helps guide decision making about transportation improvements and funding 25
years into the future. Ralston said that they try to ensure that planning efforts are continual,
comprehensive, and coordinated. This plan must be updated every five years, per federal
regulations; the next plan is due by May 2012. Ralston said that the plan covers all aspects and
modes of transportation. Ralston shared a number of different maps with the Commission that
are included in the plan. He said that they would be happy to present again when the latest
version was farther along.
ADJOURNMENT:
The meeting was adjourned on a 5-0 vote (Busard and Payne absent) at 8:18 p.m.
s/pcd/mins/p&z/2010/p&z 05-20-10.doc
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MINUTES FINAL
PUBLIC ART ADVISORY COMMITTEE
THURSDAY, MAY 6, 2010
LOBBY CONFERENCE ROOM -CITY HALL
Members Present: Jan Finlayson, Ann Kahn, Rick Fosse, Patrick Carney, Terry
Robinson, Mark Seabold
Members Absent: DaLayne Williamson
Staff Present: Marcia Bollinger, Karl Burhop
Public Present: Art Small and Howard Horan, Sculpture Donators
RECOMMENDATIONS TO CITY COUNCIL
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Recommend approval of Bounnak Thammavong's submission for installation on
the downtown Sculptor's Showcase contingent that Mr. Thammavong paints the
sculpture as indicated on the submission. Moved by Finlayson. Seconded by
Kahn. Motion passed 6:0.
CALL TO ORDER
Finlayson called the meeting to order at 3:35 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA
None
CONSIDERATION OF THE MINUTES OF THE APRIL 1 2010 MEETING
MOTION: Fosse moved to approve the minutes; Robinson seconded. The motion
passed 6:0.
SCULPTURE DONATION-ART SMALL AND HOWARD HORAN
Local resident Art Small used PowerPoint and with the help of Howard Horan gave a
brief presentation to the Committee on several sculptures he and Howard Horan wish to
donate to the Iowa City Public Art Program. Small explained that an oak tree had fallen
down about 15 years ago on his property. He knew of a Russian wood carver "Valeree"
who offered to create wood sculptures out of the fallen tree. Small discussed the four
sculptures, explaining they were wood and had never been stained, only weathered for
the last 15 years or so. Small expressed his desire to donate the sculptures to the
Public Art Program. Small suggested that the sculptures should not be painted
[aggressively], but an oil stain/sealer of a neutral color might be worthwhile. There are a
total of four sculptures; two that are named "Chekov" and "Anna" that belonged to
Howard Horan's father and two larger sculptures that feature Art, and his wife Mary Jo
with their children. Small took questions.
Carney asked how tall the sculptures were and Small guessed the two of him and Mary
Jo were eight feet tall or perhaps a bit less. Small added that the sculptures do require
minimal help to move. Seabold asked if the sculptures are mounted, and Small
Public Art Advisory Committee
Thursday, May 6, 2010
Page 2 of 5
responded that they are free standing, though it helps to have them on concrete. Horan
added that one was mounted in concrete but that wasn't necessary. Horan added that
his dad loved the poets "Chekov" and "Anna" and feels that other folks would enjoy the
sculptures as well.
The sculptures are currently located at 123 Ferson Avenue and 20 Rocky Shore Dr.
Small and Horan said that Committee members are free to examine, measure, inspect,
and take the sculptures whenever. Horan suggested Black Spring Park, Benton Hill
Park, and Willow Creek Park as excellent possible sites for sculpture relocation, though
Horan said it would be up to the Committee. Bollinger asked the Committee and Horan
and Small if they were all envisioning the sculpture being located to a woody area. The
response was unanimously yes.
Robinson asked about maintenance issues. Bollinger asked again if they were all oak.
Small wasn't for sure. Bollinger asked if some type of base would be needed. Fosse
indicated he has seen sculptures redone. Small added that it would be bad to paint the
sculptures garish colors, and Small and his friends thought it would be a good idea to
have some type of sculpture park.
Horan and Small thanked the Committee for their time; the Committee likewise thanked
Small and Horan for there time and donation. The Committee was in unanimous
agreement that the sculptures were excellent and would look great in a public location
where they could be enjoyed by all. Horan reminded the Committee they had at least 60
days to just "go and get them". Horan and Small exited the meeting.
Fosse said in light of budget constraints this donation was fantastic for the art program.
Robinson said that the sculptures would need a solid base. Seabold said that either a
concrete base would be needed or the current sculpture bases would have to be
repaired. Bollinger suggested the Committee plan a date to examine the sculptures.
Fosse and Robinson used a map on the wall and showed the Committee where Black
Springs Park is located. Fosse added that vandalism is always a concern, but Fosse felt
that vandalism was a smaller concern in Black Springs Park.
Bollinger asked the Committee how they wished to proceed, especially since there is no
plan to meet as a group during the busy month of June [Artsfest and other events limit
meeting availability]. Bollinger again suggested the Committee inspect the sculptures.
Seabold suggested the Committee say "yes" and "thank you" and figure out details as
needed. There was unanimous consent that the sculptures should be inspected.
Bollinger and Robinson reminded the Committee that any concrete base expense would
be rather minimal. Carney also added that a plaque commemorating the piece would be
needed. Robinson discussed technical maintenance aspects for a few minutes, but
there wouldn't be any large problems. Bollinger said she would set up a tentative
inspection time for Thursday, June 3~d and have a City van available to shuttle
Committee members to the sculpture locations and possible relocation spots.
DOWNTOWN SHOWCASE SUBMISSIONS
Bollinger informed the Committee there had been five total submissions from four
different artists for the downtown showcase pad. Using a PowerPoint presentation and
distributing a packet, Bollinger went through each submission.
John Anderson-Bricker: Two submissions, Hairball and Rolled Steel Scraper
Hairball: steel, concrete, and ceramic tile, 2007. 11.5'x3.5'x3.5', 1,100 lbs.
Public Art Advisory Committee
Thursday, May 6, 2010
Page 3 of 5
Essentially afour-piece stand with three spheres hanging in the middle.
Rolled Steel Scraper. welded mild steel, 2007. 117" high x 20.125" wide x 20.25" deep,
199 lbs. valued at $3,000.00.
Bouunak Thammavong: Seed, painted steel 8' x 3' x 2'
Proposed final color to be completed for the showcase. Inspired by sprouting maple
seeds, this form references the hidden beauty in unexpected places; sometimes all you
need is to add a little water. It's a fitting symbol as Iowa City recovers from the flood
waters. Looks as if it requires a basic stand.
Mike Sneller: Egg Leafs, no dimensions or weight listed. Appears to be small, only a
few feet tall, and the piece looks like a split open egg or seed and has three protruding
sections.
Stephanie Sailer: Prelude, Stainless Steel, 4'/2' x 2'/2' x 2'/z'
Essentially this piece looks like the top of an ice cream cone with various layers of ice
cream draped over each other.
The Committee examined PowerPoint pictures of the submissions. Kahn signaled that
her favorite was Hairball, with Seed second. The Committee expressed worry about the
last piece, Prelude, concerns that the piece could be slandered or labeled incorrectly.
The Committee discussed each piece and the type of vandalism or labeling it would
draw. Robinson and Kahn expressed concern with Hairball and the potential for damage
and vandalism. Seabold asked if the sculpture would be ready in time. Bollinger
responded yes. There was unanimous consent that the Committee liked the
balls/spheres on Hairball but didn't like the frame. Kahn and Finlayson agreed that
Hairball was a wonderful piece but doesn't quite fit a downtown showcase pad, it more
fits a water park or something similar. The Committee discussed Seed and thought the
piece was beautiful, had nearly perfect dimensions, and would fit downtown very well.
Finlayson motioned to recommend Seed for the downtown showcase pad. Kahn
seconded. Motion passed 6:0.
Bollinger said the piece may need a mounting plate. Robinson said they would need
mounting instructions. Seabold explained his selection criteria that sculptures need to
be large, nice color, and really stand out. Robinson discussed possible maintenance
issues and vandalism damages possibilities pertaining Seed. Bollinger said she would
contact Bounnak and get the ball rolling.
KIDZ TENT AND ARTSFEST UPDATE
Bollinger reminded the Committee that volunteers would be needed during ArtsFest to
collect donations for Kidz Tent, as well as to man Kidz Tent. Kahn said she would
volunteer again. Fosse, Finlayson, and Seabold also suggested they may be able to
volunteer as well.
UPDATE ON POETRY IN PUBLIC/ART PROGRAM
Burhop and Bollinger updated the Committee on Poetry in Public/Art Program progress.
Burhop said that poems were put up in buses and in recreation centers. Burhop
explained that responses to the new recital opportunity during ArtsFest had been high;
around 30 people had voiced interest in reading their poems to a live audience.
Public Art Advisory Committee
Thursday, May 6, 2010
Page 4 of 5
Burhop distributed a sample of artwork submissions based on selected poetry for the
Poetry in Public Art Program. The Committee was impressed and pleased with the
quantity and quality of the submissions. Burhop stated there had been 81 total artwork
submissions, considerably up from last year. Bollinger reminded the Committee the art
aspect was still new and evolving and suggested changes to next year's version. One
such change may be the addition of a review committee for artwork submission. Kahn
volunteered to help with turning artwork submissions into electronic versions. Kahn also
asked how poets might solicit artwork in the future. Bollinger and Burhop said changes
might be made but no final decision had been made yet. The Committee was pleased
with the overall program.
COMMITTEE TIME/UPDATES
Bollinger will tentatively schedule an inspection trip for the Committee to take on
Thursday, June 3 to examine the wooden sculpture donations from Art Small and
Howard Horan.
The Committee asked for an update on the parking meters. Fosse said there would
likely be 11 parking meters; most concentrated downtown at key panhandling locations.
Fosse reminded the Committee that Denver had sponsors for their panhandling meters,
perhaps sponsors could be found for Iowa City's panhandling parking meters and an
honorarium then offered to artists. The panhandling ordinance hadn't been adopted yet,
but it seems to pass the necessary readings.
Bollinger said that June was a busy month and the Committee will next meet in July on
Thursday, July 1St, not counting the inspection in June.
ADJOURNMENT
Finlayson motioned to adjourn; Kahn seconded. Meeting adjourned at 4:35 pm. Next
meeting scheduled for Thursday, June 3`d to be an inspection trip.
Minutes submitted by Karl Burhop.
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MINUTES FINAL
PUBLIC ART ADVISORY COMMITTEE
THURSDAY, JUNE 4, 2010
EMMA HARVAT HALL -CITY HALL AND OFF SITE TOUR
Members Present: Ann Kahn, Rick Fosse, DaLayne Williamson
Members Absent: Jan Finlayson, Patrick Carney, Mike Moran, Mark Seabold
Staff Present: Marcia Bollinger, Rebecca Raab
Public Present: Art Small and Howard Horan, Sculpture Donators
CALL TO ORDER
Due to a lack of quorum, any official business could not occur at the meeting.
Bollinger discussed the upcoming Arts Fest and suggested that many of the PAAC
members had already offered to collect art and work at "Kidz Tent".
Bollinger briefly reviewed the art that the committee would be touring today. Members
departed to meet with Art Small and Howard Horan at the current location of the
sculptures at 123 Ferson and 20 Rocky Shore Drive. It was determined that the
sculptures were in stable condition, of good quality and could be easily relocated. A stop
was also made at Black Springs Circle Park and a tentative location was determined
where the sculptures could be located.
Tour returned to City Hall and meeting completed at 4:45 PM
Minutes submitted by Rebecca Raab.
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