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HomeMy WebLinkAbout2013-08-20 Bd Comm minutesw Z- MINUTES — FINAL CITY OF IOWA CITY CIVIL SERVICE COMMISSION AUGUST 8, 2013 — 8:15 a.m. HELLING CONFERENCE ROOM — CITY HALL Members Present: Lyra Dickerson, Paul Holley, Jesse Case Members Absent: None Staff Present: Karen Jennings, Tom Markus, Tracy Robinson Others Present: None RECOMMENDATION TO COUNCIL (become effective only after separate Council action): None CALL TO ORDER: The meeting was called to order at 8:15 a.m. Lyra Dickerson chaired the meeting. CERTIFICATION OF HIRING LIST FOR THE POSITION OF FIRE CHIEF: Jennings summarized the recruitment process, which was the process the Commission approved in the spring. The position was widely advertised for about six weeks, application materials were received by 18 candidates and after screening, five finalists were chosen. On July 11th the five finalists participated in two 90- minute panel interviews and both panels gave feedback to Markus. The finalists then participated in a meet and greet event at the Senior Center where the public was encouraged to provide feedback, which was shared with Markus. Markus then selected two finalists for a second interview with Markus, Jennings and the Assistant to the City Manager. Jennings presented the hiring list containing one name, that of John Grier, who is the current Fire Marshall and has been with the City for more than 20 years. Hoffey, who served on one of the interview panels, added that it was a good, well organized process and that the credentials of the five finalists were excellent. Hoffey moved to approve the hiring list, Case seconded and all were in favor. Markus thanked the Commission and added that Grier shows maturity and experience that will serve the City well. OLD BUSINESS: None NEW BUSINESS: None ADJOURNMENT: Case moved to adjourn, Hoffey seconded and the meeting was adjourned at 8:19 a.m. Board /Commission: Civil Service Commission ATTENDANCE RECORD YEAR 2013 (Meeting Date) NAME TERM EXPIRES 1/8/13 4130/13 818/13 Absent/Excused NM = No Meeting - -- = Not a Member Lyra Dickerson 4/7/14 X X X Paul Hoffe 4/4/16 X X X Jesse Case 4/3/17 - -- X X Bill Cook 4/1/13 O/E KEY: X = Present O = Absent O/E = Absent/Excused NM = No Meeting - -- = Not a Member August 8, 2013 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — FIRE CHIEF � r 1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa S2240 -1826 (319) 356 -5000 (319) 3S6 -5009 FAX www.icgov.org We, the undersigned members of the Civil Service Commission for Iowa City, Iowa, do hereby certify the following named person as eligible for the position of Fire Chief. John Grier IOWA CITY CIVIL SERVICE COMMISSION Lya W. Dickerson, Chair l Paul C. Hoffey Jesse Case ATTEST: / Mari k K. Karr, City Clerk 2b(2) IIImIIIIIIIIIIII MINUTES APPROVED HISTORIC PRESERVATION COMMISSION JULY 11, 2013 EMMA HARVAT HALL MEMBERS PRESENT: Kent Ackerson, Esther Baker, Thomas Baldridge, Kate Corcoran, Frank Durham, Andrew Litton, Pam Michaud, Ginalie Swaim, Frank Wagner MEMBERS ABSENT: David McMahon STAFF PRESENT: Melissa Clow, Chery Peterson, Bob Miklo OTHERS PRESENT: Nancy E. Carlson, Tony Colby, Joe Coulter, Shari DeGraw, Nancy Hauserman, Ron Knoche, Paul Kozak, Scott McDonough, Julie Myers, Michael J. Post, Steve Tannen, Jennifer Wagner RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) None. CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:15 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. CERTIFICATES OF APPROPRIATENESS: 509 South Lucas Street Peterson said this property is in the Governor -Lucas Conservation District. She stated that the house to the left of this one is a mirror image. Peterson said the houses share a driveway and have identical porches. Peterson said the proposal is to change the porch, replacing the steps on the side of the porch with new steps on the front of the porch. The solid railing on the front would be re -sized and installed on the side. She said staffs recommendation is to deny this, because it would violate the Secretary of the Interior Standards for preserving historic material, fabric, and design. Peterson said there are two parts to this application, including work on a detached garage in the back, which has already been approved. She said staff wanted the Commission to review this part of the proposal. Kozak, the owner of this home, said he purchased it back in November. He said there are several reasons he wants to move the steps from one side to the other. Kozak said the steps are not the correct height; each step is actually 10' /z inches. Kozak said there is a basement window right at the bottom of the stairs, and surface water is running toward the window and into the basement right now. He said they would like to remove the entire sidewalk in front, take the stairs out, and put the stairs on the opposite side, which HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 2 of 42 would then go down to the common drive with his neighbor. Kozak said if he puts a window well in, it will block the ability to do stairs, and if he does stairs at the right height, that will block the window. Kozak said he spoke with Ron, the Housing Inspector, earlier in the day and asked him if there were any other ideas or suggestions, knowing that there are some challenges with this. Kozak said one option Ron came up with was to put a staircase in the center of the front part of the porch, coming down and then coming out. Kozak said his neighbor two doors down has a very similar approach, where he has cut the middle piece of wood almost door width and is building stairs to go up the front. He said the same changes would solve the problems he is having with his property. Kozak said he wants the house to meet code. He wants to be able to fix the stairs appropriately, which requires the removal of the cement stairs. Kozak said that is why he is asking for the opportunity to make these changes. Baldridge asked if the cement stairs are replacement stairs or are original to the house. Kozak responded that they were there when he bought the house, and he did not think they were original. He said the house next door actually has wood steps on the south side of its porch. Kozak said that the wood steps are probably original, but these cement steps were poured probably in the last ten to 15 years. Peterson agreed that the concrete is probably not original. She said that staff administratively reviews a lot of applications to redo steps like this, but she does not bring these applications to the Commission, because staff can usually work with the applicants to design appropriate replacement stairs. Peterson said it looks like one more tread and riser would get this into the dimensions of code, and she did not think it would hit that basement window. She said she wanted the Commission to review this, because changing the design would be contrary to the guidelines. Miklo said there probably are solutions to the drainage that would allow the steps to stay where they are located, probably replacing them with wood. Durham said the steps are very shallow; he asked if staff is talking about changing the steps themselves. Peterson confirmed it was to take out the concrete steps and replace them. Kozak said the problem is that to do the appropriate stair length, one would actually overlap the window by six to twelve inches. He said that if he put a window well in front of the window, it would then block the stairs. Kozak said the lot actually slopes towards the house. He said that is the problem with the drainage, because it is going back toward the house. Peterson told Kozak it would definitely be to his advantage then to replace these steps and build the grade back up. Peterson said he wouldn't need that additional step if the grade is changed. Kozak responded that he has no more room to actually increase the grade; he said the grade is at the window height right now, and that is why he gets water into the basement every time it rains. Corcoran asked how moving the steps to the south side of the home will ameliorate the water problem. Kozak said that if he is able to remove those stairs, he could put a window well in front HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 3 of 42 of the window. He said he would have to put in a window well of some type to get the water to stop running into that window when it rains. He said the water that goes in the window well will actually seep in and go into the drain tile around the house and actually flow back out. Corcoran asked Kozak if he is saying he cannot replace the stairs to meet code and still be able to put in the window well. Kozak confirmed this. He said that is why he wants to move the stairs to the opposite side. Kozak said it is still preserving the same look of the home, with nothing changing on the front, but it just takes the stairs and puts them on the other side. Ackerson asked, if one puts the steps on that side of the porch, how far into the driveway they would go. Kozak said they should go right to the edge of where the driveway is today. He said he wanted to preserve the complete width of the driveway. Kozak said that with the appropriate steps and appropriate siding, it will probably come a foot onto the existing driveway. Kozak said the driveway is used as an area to pull up and get into the side of the house, and into the back. Ackerson said it looks like the driveway is lower than the sidewalk on the other side of the porch. He said a new stair is going to be longer than the existing stairs and will likely go out quite a way. Kozek said that is why the Housing Inspector, Ron, suggested taking where the front part is and cutting it in the middle so there would be two side rails and then coming down the front of the house and connecting with a sidewalk that would connect to the driveway. Kozak said the Housing Inspector felt that way it would not impede the driveway. Kozak said that will change the look of the home more, but obviously there is an issue either way. He said he would be okay with putting the stairs on the front coming down. Michaud asked if this is a rental property. Kozak said his three sons would be living there, but it is officially a rental home. Michaud asked how wide the driveway is and if a foot or two of encroachment by the stairs will be a problem. Michaud said it looked like there are other steps protruding anyway. Kozak said that the steps to the side door protrude into the driveway, so his goal is to get the new steps at the porch to match. He said he thinks the new steps would extend about a foot into the driveway. Kozak said it is not the perfect solution, but he does not have a better idea to solve the water problem. Michaud said she does not have any problem with the mirror image aspect, as long as the railing is replicated over on the right side. She suggested the owner look into a passive rain garden or swale, depending on where the downspouts come out. Michaud said it is part of old house maintenance to set this up so that the foundation is not damaged. Peterson said the application did not refer to stairs on the south. She said that both the written description and the drawings show it on the east. Peterson said Miklo had suggested this be deferred so that the plan is clearly understood. Peterson stated that nothing in the application says anything about going into the driveway. Miklo added that none of the drainage issues were raised, so staff feels this needs closer scrutiny before a change like this is approved. Swaim said that a porch is one of the major defining features of a house, and this house seems to have many of its historic elements intact. She said she is glad the owner is trying to solve the problems, but she thinks deferring this would give time for some better solutions, if that is how the Commission feels. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 4 of 42 MOTION; Corcoran moved to defer consideration of an application for a certificate of appropriateness for 509 South Lucas Street for alterations to the front porch. Michaud seconded the motion. The motion carried on a vote of $ -0 (McMahon and Thomann absent). Swaim informed the owner that he could work with Peterson before the next meeting. 661 South Governor Street Peterson said this property is in the Governor -Lucas Street Conservation District. She showed the front of the house. Peterson said the application is for siding repair, door replacement, and a new window on the back. She said the proposed window for the back would be a double -hung, as sketched in the packet material. Peterson said new doors have already been installed. She said that when the report was written, staffs recommendation was to restore the original doors, because they were very characteristic of this style of house. Peterson said that what is there now, and shown in the packet photographs, are doors that are completely out of character with this style of house. She said the recommendation is to approve the siding repair and the new window on the back side, with product information supplied, but to work with staff to obtain doors that are appropriate for this style of house. Swaim pointed out that looking at ranch -style houses, as they are now 50 years old, is a new responsibility for the Commission. Wagner said that this is a UniverCity project. Michaud asked Wagner if it is possible to get a steel, solid door with little windows in it. Wagner said the doors that were there should have been restored and not taken out. Peterson said she has learned that the front door was hollow -core instead of solid, so that it apparently was beyond repair. She said, however, that if one looks at the photograph of the house on the Assessor's website, it seems obvious that the front door was original and perfect,for this house. Peterson stated that at the very least, the owner needs to put in a flush door instead of a panel door, as the panel door is inappropriate for this style of house. MOTION: Michaud moved to approve a certificate of appropriateness for the application for 661 South Governor Street as presented, with the following conditions: 1) repair original front entry and side doors and reinstall, or replace with salvaged ranch -style doors, or replace with new doors to match originals; and 2) provide product information for proposed new window. Baker seconded the motion. The motion carried on a vote of 9 -0 (McMahon and Thomann absent). Swaim stated that the next three applications all appear to meet the guidelines. She suggested that questions and comments be held until after Peterson presents the information. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 5 of 42 Miklo asked if the Commission needs presentations on these items, since they meet the guidelines. He said if the Commission is comfortable with them, they could be approved. Swaim asked the Commission members if they needed more information on any particular item. Peterson said that the property on Seventh Avenue involves an exception to allow vinyl siding. She stated that the application for the property in Dearborn involves enlarging a window opening, and the application for the property on Court Street proposes enclosing the front porch with screened windows and door and building a patio off of the back side. Peterson said that staff did not have any significant conditions on any of these three applications. 821 South Seventh Avenue MOTION: Corcoran moved to approve a certificate of appropriateness for the application for 821 South Seventh Avenue as presented. Litton seconded the motion. The motion carried on a vote of 9 -0 (McMahon and Thomann absent). 851 Dearborn Street Peterson said staff has asked that the owner verify the final size of the new window, compared to the size proposed in the original application. She said there is an existing kitchen window, and the proposed new window would be almost twice as big. The bigger window would be very close to the existing side door. She said staff wants to work with the owner to get the proportions correct. MOTION: Corcoran moved to approve a certificate of appropriateness for the application for 851 Dearborn Street as presented, subject to the following conditions: 1) the new window being reduced in size or being shifted to the west to provide at least 16 inches of space between the existing door trim and the proposed window trim, and 2) new trim to match the existing. Ackerson seconded the motion. The motion carried on a vote of 9 -0 (McMahon and Thomann absent). 1147 East Court Street Peterson said the only condition staff proposed for this project is that the new deck, when it meets the wall, be held in the required eight inches from the side wall. MOTION: Baker moved to approve a certificate of appropriateness for the application for 1147 East Court,Street as presented, subject to the following condition: the new deck be set in from the east side wall of the house by at least eight inches. Michaud seconded the motion. The motion carried on a vote of 9-0 (McMahon and Thomann absent). 1231 Sheridan Avenue Peterson said this property is in the Longfellow Historic District. She showed the front of the house on the north side, as well as the east side of the house. Peterson said the owners are proposing an addition for the south side, reworking the roof of the attached garage. Peterson said the existing garage would become a new entrance /mud room and a master bedroom suite would be added to the south. She showed a slightly revised elevation drawing that she worked with the owner to produce. Peterson said staff's recommendation is to approve HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 6 of 42 this project, although staff is not comfortable with the final design of the connecting roof between the addition and the existing house. She said she feels that she can work with the owner and contractor to resolve that. Swaim asked to see the existing east side elevation. Peterson showed a picture of the current entry on the east and the attached garage. The garage will become the new entry, and the addition will be to the south. She said the proposal is to remove the roof off the garage and build a new connecting roof between the existing house and the new addition. Swaim said the drawing had a difference in the roofline at the very top of the larger roof. Peterson said it is a complicated roof, and there are more drawings in the packet. She said the roof is probably more complicated than it would need to be, and staff wanted to work with the owner on that. Peterson said that the trim will match, and the addition will have clapboard siding. She said she is comfortable with that, as it distinguishes the new from the old and is still compatible. MOTION: Ackerson moved to approve a certificate of appropriateness for the application for 1231 Sheridan Avenue as presented, subject to the following condition: final design to be reviewed and approved by chair and staff. Durham seconded the motion. The motion carried on a vote of 9 -0 (McMahon and Thomann absent). Ned Ashton House. 820 Park Road Peterson said this is a National Register property on the river. She showed the diagonal walkway from the driveway to the south entrance. Peterson said that in the rehabilitation, this is where the owner wants to make it handicapped accessible. She said there would be a ramp here, and the ramp would cover up the existing set of stairs. Peterson said there would be new stairs as part of the ramp construction and a sidewalk from the ramp and new stairs that would lead to the parking planned for the adjacent south lot. Peterson showed the west side of the building. She pointed out where the side of the ramp has to wind around. Peterson said there is a big hemlock that the design is accommodating so that the ramp turns around the tree. Peterson showed other views of the house. She said there is a precedent for metal railings on this house. Peterson showed the site plan for the property. She showed the house, the existing diagonal sidewalk from the house to the existing drive, and the new sidewalk to the proposed parking. Peterson showed the tree at the corner of the house on the enlarged plan. Peterson said the concept is that this is lightweight construction that is not attached to the house. She said the existing stair and the stone sidewalls can still remain just underneath the ramp. Peterson said staffs recommendation is to approve this, although there is no railing design yet and material selections have not been finalized. She said it is staff's recommendation that staff remain involved in those decisions. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 7 of 42 Swaim pointed out to those present that this building is located off of Normandy and Park Road and that it is an area that floods a lot. She said the building is a National Register property, and it was originally designed so that water could actually flow through the building. Swaim said that when rehabilitation is all finished, the building will be available for public events and private rental, so it is a good way to make this building still work. MOTION: Baldridge moved to approve a certificate of appropriateness for the application for the Ned Ashton House at 820 Park Road as presented, subject to the following conditions: 1) final material selections and final railing design to be reviewed and approved by chair and staff; and 2) final landscaping plan to be reviewed and approved by chair and staff. Baker seconded the motion. The motion carried on a vote of 9-0 (McMahon and Thomann absent). Swaim stated that the agenda order would be modified to allow those present to speak regarding the Dubuque Street Elevation before staffs' report on certificates issued by staff and chair. DISCUSSION OF IOWA CITY GATEWAY: DUBUQUE STREET ELEVATION AND PARK ROAD BRIDGE RECONSTRUCTION PROJECT: Swaim informed Commission members that two letters were received regarding this issue: one from Mary Lou Callahan and a copy of a letter from the Office of the State Archaeologist to Melissa Clow, who is the Special Projects Administrator for this project. Miklo said the Commission received a letter at its last meeting and had citizens at the last meeting asking the Commission to reconsider its vote of last August. He said that in August, the Commission reviewed the project and found it did not have an adverse effect, based on the limited encroachment on the properties and that there are actually no historic buildings being touched by the project. Miklo said the petioners have a slide presentation they would like to present. He said that would be appropriate at this point, and then the Commission will have time for comments and questions. Steve Tannen, who lives at 6 Bella Vista Place, referred to the letter sent in August and said he is asking the Commission to reconsider that letter. He said the letter states that "the amount of grading on historic properties is acceptable," and with this phrase the Commission is granting approval to a grading plan that does not yet exist. Tannen said that in an e-mail from the project manager, Melissa, to resident Dan Cummins dated four weeks ago, Melissa said, "I'm sorry you're frustrated about the grading and drainage issues. I am too. At this point we can't move into final design and detail or provide the details we all want." Tannen said that even the project manager does not know the amount of grading the Commission is approving. He said no one can approve a grading plan that doesn't exist. Tannen said that if they raise the road as they need to grade it, at fifteen feet, which is what we're talking about, he asked that the Commission sit back for a second and look up fifteen feet. He said that is where the road is going to be, and that will have to be graded. Tannen said it will be a shocking amount of grading along a significant stretch of Iowa City. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 8 of 42 Tannen stated that at the historic Milton - Remley House above Dubuque and Kimball, the bluff rises first to 18 feet and levels off. He said that would make the bluff three feet above the road. Tannen asked the Commission to imagine looking up three feet. He said that can't be done, because it is higher than eye level, lower than eye level. Tannen said that one would literally be able to stand on the road and look down on the bluff, a bluff that is at present, most would agree, a landmark that looks out over the river and can be prominently seen from City Park. Tannen said that obviously the grading has a huge impact, and he would like the Commission to reconsider approving it without knowing the details. Michaud asked how high the ceiling is in the room. Scott McDonough measured and said it is exactly 15 feet. Michaud said then it is much taller than the height of most garages. Tannen asked the Commission to consider the statement that no historic structures will be directly affected. He said that the Jacobson - Coulter House garage will be below the level of the new highway. Tannen said he believes there is a ten -foot retaining wall going up, cutting it off. He asked the Commission that if someone put up a ten -foot retaining wall, blocking the garage so that you could not use it or access the house from there anymore, would that not constitute a direct effect, even if they don't dig up the actual garage. Tannen said he would ask the Commission to go further, because not just the structures are at risk here. He said that properties, neighborhoods, and the gateway to historic Iowa City are at issue. Tannen stated that whether they say they are preserving it or not, he asked the Commission to judge. Tannen said a broader approach is more consistent with the Commission's own mission. He said he read the Commission's handbook, and the very first paragraph of the Commission's Historic Preservation Handbook says, "Why should a community like Iowa City care about historic preservation. The simple answer is that conserving old buildings and neighborhoods makes a good community better. Iowa City is blessed with a collection of fine, well- maintained older neighborhoods and individual landmarks which are recognized and appreciated by the entire community. Historic preservation has the potential to enhance the quality of life and economic well -being of current and future residents." Tannen said the Commission then added to this, in 2008, in the Iowa City Preservation Plan where it states that the Commission's mission is to preserve and improve historic properties. He said the word properties is used, and not structures, and that is because the spirit of the Commission's mission is inclusive of the whole. Tannen said it is about the neighborhoods; it's about the properties, the landmarks, and yes the structures - but the many elements that make up historic Iowa City and why Commission members are giving their time. Tannen said that if one were to walk along Dubuque, where they intend to build this, a new sentence might convey the opposite of what it seems to say now. He said it would read, "Many historic properties will be directly affected." Tannen said the letter states that, "On their behalf, efforts have been made to avoid and mitigate impact on historic properties." He said that if efforts have been made in this regard, they have largely failed. Tannen said that Dubuque Street will be widened to 180 feet across. He stated that although they say it is four lanes, it is actually five, because there is a turn lane. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 9 of 42 Tannen said therefore it is five lanes of traffic, 180 feet across, 15 feet high, in effect making Dubuque Street an elevated highway, right along City Park. Tannen presented a mockup to illustrate the scale further. He said the first is an actual picture of the bridge, as it stands. Tannen said the second is to their specifications, except there are two things he was unable to do. He said he could not find the right height of highway level fence to put in; it is actually metal, not see - through. Tannen said the second thing is the grading, this elusive grading is going to affect the trees back there, so it is entirely possible that a bunch of this canopy will be gone as well. He said the semi is an averag 13.6 feet high, which would be potentially ten feet over the properties. Swaim asked where the bottom photograph was taken from. Tannen responded that it is the exact same photo. He said he left some of the trees in so one could see. Tannen said it is from one side of the west side of the Park Road bridge. He said the bridge is no longer there, because the bridge has been moved to the south. Durham said he wanted to clarify whether Tannen is reading that the City Engineer's report indicates a 15 -foot addition to every part of that road. Tannen said it is not every part at all. He pointed out where it slopes and said it is going up to 15 feet; he does not believe it is 15 feet. . Tannen said he believes Coulter said it is 15 feet all the way. Tannen said that to him, it does not look like the Iowa City that he fell in love with and moved to. He said it looks like everywhere else on the road to Chicago. Tannen said that is his impression. Tannen said the Finding of No Significant Impact (FONSI) that they are asking for is going to be approved by the Iowa Department of Transportation as a highway project. Durham asked how many cars travel on the road every day. Tannen said he believes the estimate is 25,000. Durham said then this is a road that is already, like Burlington Street, effectively a highway. Tannen said that Burlington is actually a great example of what they are talking about. He said he is not certain what time of year the traffic estimate applies to — whether it is summer when students are not around or not. Tannen said the fourth phrase he wanted the Commission to consider is that it said the proposed gateway is a needed community improvement. He said we all agree that the bridge needs to be fixed, and we need to mitigate flooding, but don't agree that the gateway project is the answer to that. Tannen said they think the gateway project is a destructive, expensive and ineffective way to meet those goals. He said it is a bait and switch, because of course the bridge needs to be fixed and flooding needs to be mitigated, but the two are not equivalent. Tannen said that the Commission should not think that if it rescinds its letter, it also rejects fixing the bridge or mitigating floods; it is not remotely the case. Tannen said that Iowa City has $25 million dollars that it must spend on flood mitigation, and it can and will do so in much the way that hundreds of other cities and communities have. He said, however, they can do so without destroying Iowa City to try to save Iowa City. Tannen said there are other options. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 10 of 42 Tannen said he wanted to address a legal side of what happens next. He said that if the Commission does not rescind its letter, it stands aside for the FONSI. Tannen said that is to be approved by the Department of Transportation. He said he has a call into the City lawyer to make sure the City agrees with the assessment of the lawyer he spoke with. Tannen said it is his understanding that under federal and state law, once the FONSI is approved, all homeowners lose their standing to affect the project, including the Historic Preservation Commission. Durham said the Commission can make a recommendation but asked Tannen if he thinks the Historic Preservation Commission can... Tannen said that as a matter of fact, it can. He stated that he talked to the Department of Transportation, Mr. La Pietra, who said that the Commission's opinion matters to him and also said that the Commission's approval is tacit approval that there will be no impact. Tannen said therefore the Commission is not stopping the project by rescinding the letter but is just letting them know that it feels there will be an impact. He said the Commission then keeps its standing, legally, to be able to affect the process. Tannen said that once the FONSI goes through, the Commission and all homeowners lose their opportunity and don't have any legal standing to affect the process. He said the only people at that point who can affect the process are the seven members of the City Council. Tannen said that no one; not the engineers, not himself, not the current City managers; has more information or knows better than the Commission what is going to happen here. Tannen said that everyone else just has different concerns or jobs to do. He said that the City Council has different concerns than the Commission; the project managers certainly have different concerns than the Commission. Tannen said that people are worried about business, about jobs, about federal money, and about budgets, but the Commission is charged with a far different task — to preserve historical Iowa City. He said he is humbly asking the Commission to reconsider and rescind its letter — just to take a stand for Iowa City as only the Commission can. Shari DeGraw said she lives at 519 Brown Street in the North Side, is on the North Side Neighborhood Association Board, and is concerned about the Gateway Project. She said the proposed road elevation and road widening of Dubuque Street are excessive. DeGraw said that early in the Gateway planning process, she attended a meeting and never heard anyone talk about a ten- or 15 -foot road elevation for Dubuque Street. She said that at this point, she believes the City has done little to make this information available to the North Side residents and the public in general. DeGraw stated that the goal of the Gateway redesign appears to be a highway extension of 1 -80 to Park Road. She said that if this were done, it would be in disregard to historic homes and neighborhoods on or near Dubuque Street and would remove the street's pastoral beauty. DeGraw said that the former mills of Iowa City, their relation to the river, plus the road's relation to the river and the bluff are intertwined and are pieces of our history worth preserving. She said that a modest road elevation and a new bridge would serve us well and will preserve the visual clues that show early Iowa City homesteads were placed next to the river. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 11 of 42 DeGraw said that if the Dubuque Street redesign suggests to drivers that it is a speedway, drivers will likely continue this mentality when traveling on Brown and neighboring streets. She added that a growing number of drivers barely acknowledge stop signs on Brown Street and travel at speeds over 30 miles per hour. DeGraw said that a lane width of eleven feet on Dubuque and using a design that doesn't require guardrails would help drivers travel at safer speeds. She said she is also concerned that Brown Street will serve as a funnel for the constant din of traffic noise, much in the way she hears hammers and clanks constantly as the foundation is prepared for the new Hancher building. DeGraw said she is glad Iowa City has an Historic Preservation Commission. She said she respects the members for giving their time and thoughtfulness and dedication to make Iowa City better. Miklo asked DeGraw if she is speaking for the North Side Neighborhood Association. DeGraw answered that at this point it is personal. She said the Association is starting to form thoughts around this and will take a position on this soon. Joe Coulter thanked the Commission for holding this meeting to hear concerns from the residents. He said he had developed a brief PowerPoint presentation that he believes addresses some of the concerns he has with the project. Coulter said he has tried to use the data that has been provided to date about the Gateway Project and, in particular, the preferred alternative, which is not the proposal that the Commission reviewed and approved previously but is the proposal that is going to come before the City Council. Coulter said there are a number of issues, but he wanted to begin with the compromises to historical integrity. He said there are impacts on the appearance of North Dubuque Street and the Dubuque Street corridor. Coulter said there are serious safety issues that will need to be addressed on behalf of the City's liability. He said there are environmental concerns about destruction of the environment and the foliage along North Dubuque Street. Coulter said there are serious flood mitigation issues that are not addressed by the Gateway Project but in fact will be exacerbated by the project. Coulter said the first slide is of the Iowa City Gateway preferred alternative, available in the environmental assessment and at the website shown on the screen. He said that the project stretches from Foster Road and Bjaysville Lane on the north to approximately Ronalds Street on the south. Coulter said the blue represents sidewalks that are to be installed, and the new street is in white, with the median in green. He said that along each of these places one can see what the expected elevation will be. Coulter said that beginning on the north end of Dubuque Street it is five and then going from five to ten feet. He said that in an earlier presentation there was a question about what the elevation would be across from Bella Vista, and one can see that it is ten to fifteen feet there. Coulter pointed out that this has used ten to fifteen feet as the highest elevation, while in fact it is to be one foot above the 500 -year flood level, and that may be above 15 feet. He said that the preferred alternative proposal should be read carefully. Coulter said the second slide illustrates the historic properties in red, although it is an incomplete inventory of the historic properties on Dubuque Street. He said he would point out the ones that are missing on the north part of Dubuque Street. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 12 of 42 Coulter said that with this preferred alternative Gateway proposal, with the legend on the right, the brown line shows the areas of impact. Coulter said that one can see that it directly affects these historic properties along Dubuque Street. Swaim asked if the red indicates the land, as well as the historic buildings. Coulter confirmed this. He showed his house — the Jacobson - Coulter House — and the Englert- Ball - Pownall House and the original VFW Hall. Coulter said that the original Will and Marjorie Hayek residence is missing. He said that General Ball was an occupant of the Englert - Ball - Pownall House and the creator of Ball Heights, which also has historic homes on it. Coulter said that Colonel and Dr. H.H. Jacobson built the Jacobson - Coulter House in 1929. Coulter said there are other properties, including Bella Vista, as well as the former and current fraternity houses and other historic buildings. He said there are also historic buildings on the top of this neighborhood, which he calls the Bluffs. Coulter showed a slide pointing out the historic homes on North Dubuque Street. He showed the Jacobson - Coulter House and where sidewalks are proposed to be installed all along on both sides of the new Dubuque Street. Coulter showed the elevations that are proposed. Coulter showed the Englert- Ball - Pownall House. He pointed out the Ball Heights Neighborhood on Ridge Road. Coulter said the neighborhood has historic significance, and there are a number of important homes there. He said the Englert Ice Houses that were on the river still have foundations present on the river. Coulter said the original ice storage was actually in the hillside at his property and was known as the Englert beer cave. Coulter showed where the Terrill Mill, which is now known as Terrill Mill Park, is located. He showed what is referred to as the island in the Iowa River. Coulter showed where the river used to flow, where the Terrill Mill was located with a dam across to power the mill, and the Terrill Family Mansion, which later became the Mayflower Inn, a very well -known structure. He said that is where the Mayflower Dormitory now stands. Coulter showed the next slide, with a high - powered view of the impacts on historical properties. He showed his property, the Jacobson - Coulter House, with the frontage, the garage and the extension of the property to the intersection of Dubuque Street and Ridge Road. Coulter said that data from the plan shows that there will be direct impacts upon these historic properties. Coulter showed where sidewalks will be installed, according to the plan. He said the foliage and trees will be removed. Coulter showed where he apparently will be losing, subject to condemning the property for the City to acquire, part of his property. He said also there is apparently a plan to come onto the property at the bottom of the bluff. Coulter said one can see that the total impact area is rather extensive, coming clear over down Taft Speedway into Terrill Mill Park. Coulter showed the next slide and said that, given the Historic Preservation Commission's interest in historic properties, he wanted to show some photographs that he acquired when he purchased his home that were taken by Colonel Jacobson when he constructed the home. Coulter said he has pictures of the construction process, the family, and the interior. He showed a photograph taken in the early 1930s looking north on Dubuque Street. Coulter pointed out the HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 13 of 42 garages, the house, Ridge Road, and the spruce trees. He said that all of the trees have been lost. Coulter pointed out the trees that were destroyed by the City when a retaining wall was put along there. He said he regrets having sold that property at that time, because of the damage done to the spruce trees. Coulter said that only about six of the remaining trees are still there. He said the City is proposing to put a driveway there, and that will destroy the last of those spruce trees. Coulter showed a photograph labeled Taft Speedway taken from a perspective of standing, looking north at the intersection of Taft Speedway. He said it is worth noting where there is water and where there is ice. Coulter said at that point in time there were no leaves on the trees. Coulter showed a photograph from the perspective of looking south. He said this was taken from the same location at the intersection of Red Ball Road, the original name of Dubuque Street, and Taft Speedway. Coulter said that on the left is the Englert- Ball - Pownall House. He pointed out the Terrill family property, although he did not believe it is actually the Terrill Mansion in the photograph. Coulter said one notices that up on the bluffs up above Dubuque Street there is a home to the left. He said that in the distance, where the water is covering Terrill Mill Park, one can see the original steel suspension bridge across the river. Coulter said that was on Koontz Avenue, which is now Park Road. He showed the ice in the river and snow in the photograph. Coulter showed a photograph looking east down Taft Speedway. He said that if one were to be standing there today, he would see that the City has approved building in the flood plain such that to the right is the location of the Parkview Church property and further down is Idyllwild. Coulter asked why the City would do that. Coulter said this gives a feeling about the history of the flooding and what Dubuque Street looked like and the pathway along Dubuque Street. He showed a photograph of his home that was taken by Tall Grass historians as part of their review for this project. Coulter said he put in a small scale so that one can get an idea of what the heights are here. He said the two garage doors are about eight feet tall, so that gives some perspective. Coulter said it is a remarkable home. He said it is not made of cobblestones, as the reports say, but out of split fieldstone that came from near Toddville, Iowa. Coulter said that all of the construction was done by P.A. Erickson. Coulter said that the stones were brought down, cut, and the flakes that remained are in the stucco up on the second story. Coulter said the front door on the lower right is one of the doors of the Iowa City poster of historic doors. He stated that the tile roof will cost him $20,000 to repair and replace this summer. Coulter said that otherwise, the house is pretty much in its original condition. Swaim asked how high the water level was on this property in the last flood. Coulter replied that it was above the level of the garages. He said that he had to park up on Ridge Road, which runs behind there. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 14 of 42 Coulter showed a photograph and a listing of the effects of the direct impacts on his property. He said there would be an elevation of ten to 15 of the sidewalk, which is in blue, and the adjoining street along the entire frontage of his property clear down to the intersection of Ridge Road. Coulter said there will be destruction of the trees, the foliage, and the landscaping all along the frontage of the property. He said there will be an obstructed view of his house and garages as well as from his house and garages by the elevated street. Coulter said there will be blocked access to the garages obviously, although there would be fairly quick access if one stumbled over the low barrier that is proposed for there. He said there are no provisions for storm drainage, according to the plan, for any of his area, for drainage from that property. Coulter said that he sometimes has drainage from Ridge Road, which comes down his back steps and then flows down his driveway and stairs to Dubuque Street. Durham asked if Coulter is saying that the road becomes a retaining wall. Coulter said that is absolutely true; there is no place for the water to go. He showed a slide pointing out what his house looked like in April. Coulter presented a slide that he said the Iowa City Gateway Project has provided him showing what it would look like if the road were raised just ten feet. He said in that event, his garages and driveway disappear. Coulter said there would be a sidewalk and perhaps a four -foot steel fence there. He said he is told that the blue sidewalk will be directly adjacent and abutting the highway. Coulter said he believes that would be a pedestrian hazard and a traffic hazard, in that there is nothing to prevent a vehicle to go over the cliff that would be created in front of his garages. He said he was informed that there would be heavy, steel guardrails there. Coulter said they are missing from the picture. Swaim said there is a garage to the right and up the hill from the old garage. Coulter confirmed this. Coulter presented a cross - section to show some of the issues that are created. He showed his house and the red arrow pointing to the garages and the present driveway. Coulter said that in the cross - section, from data provided by the Gateway: only the ten -foot elevation, not the potential 15 -foot or above elevation, one can see that the garages are being buried. He said they are being buried in an open grave or pit where the red arrow is. Coulter said one can also see where the yellow area is that the sidewalk directly abuts the roadway, right adjacent to the roadway. He said the railing shown in this diagram is only three feet or so, an obvious hazard to any pedestrian, bicyclist, skater, skateboarder, or whatever, who could go over and have a 15 -foot fall. Coulter said there is also no provision to keep the traffic off the pedestrians or keep the vehicles from going over that same barrier down in front of his garage. Coulter said he wanted to show some other profiles, again taken from the preferred Gateway alternative materials. He showed a slide of an area just down from Foster Road. Coulter said that according to the plan, they are going to acquire more of his property to put in that sidewalk, because his property line is adjacent to the roadway. He said there is therefore encroachment of the sidewalk there, and he is also surprised to see they will be filling in part of the drainage ditch that goes along from a culvert, because there is a creek that runs just north of the beer HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 15 of 42 cave, runs under Dubuque Street and flows to the river via the drainage ditch as shown in the profile. Coulter said that goes straight to the river. Coulter showed a slide of an area down by the bluffs area. He said the project will apparently be acquiring and filling in a substantial portion of the private property of the bluffs area. Coulter said that of more concern is the very poor design for the retaining wall or protections against falls into the river. He said the diagram shows a three -foot thing as the only thing that would prevent a person or vehicle from falling almost 20 feet directly into the river. Coulter said a lawyer should be looking at the City's liability in regard to this. Coulter showed a slide of Bella Vista, saying that there are many of the same issues: a sharp drop -off, inadequate safety measures, and an inaccurate representation of the impacts on the Bella Vista property. Coulter said he believes the Gateway Project, specifically the preferred alternative, compromises the historical integrity, the appearance, and the value of the affected houses and those in the neighborhood. He said it obscures and limits the visual character and access to his and other historically significant properties. Coulter said it fails to preserve the historical structures' landscaping in the natural environment of Dubuque Street. He said it provides inadequate safety protections for pedestrians, bicyclists, and vehicles. Coulter said the proposal lacks effective flood mitigation. Coulter requested that the Commission rescind its earlier and premature approval of this project. He said the Commission did not review nor provide an opportunity for the citizenry to advise the Commission before it approved this project. Coulter said the preferred alternative was not there for the Commission to approve. He asked the Commission to rescind its approval and conduct a thorough and complete evaluation of this Gateway Project and specifically the preferred alternative. Coulter said the Commission should solicit and incorporate community concerns regarding the impacts. He said he hoped the Commission would then provide recommendations providing the preferred alternative to the community, to the City Council, and to the other relevant governmental bodies that are involved in this. Coulter showed the last slide and said there are significant legal issues. He said he believes that this Commission's actions and the actions of the State agencies that are involved in the approvals that are in the environmental assessment are really invalid. Coulter said the consideration was not of the preferred alternative, because all of those approvals were obtained prior to the acquisition of the preferred alternative. He said those approvals are therefore subject to legal challenge. Coulter said there is also likely to be litigation over the condemnation over the properties that are going to be affected or obtained in order to conduct this project. He said he believes that legal counsel needs to take a careful look at this preferred alternative and the designs because of the liabilities the City will encounter if it proceeds in building this according to the preferred plan. Michaud said then when the cross - section was presented, there were rocks below. She asked if the stone or cement wall above the rocks including or is just the vertical wall that's 15 feet, or HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 16 of 42 does that include the rocks to the river level. Michaud said the cross - section showed a straight edge and a contour of rocks going to the river. She said the river will fluctuate in height anyway. Coulter said there are sheer drop -offs on the east side in front of his property and some other places. He said there is quite an extended portion. Coulter said that if someone is going to the south past Mayflower, there is six -foot chain link fence to keep pedestrians from going in the river. He said that will be raised up to 15 feet there and then whatever guardrail. Michaud said the speed is one thing she is considering here, and the current "before" picture would be helpful. Miklo reminded the Commission that its role here is not to design the street; its role is to consider whether this will have adverse impacts on the historic properties. Scott McDonough said that he lives at 10 Bella Vista Place. He stated that the Commission's packet includes a letter from Dr. Tony Colby of 5 Bella Vista Place. McDonough said the Commission also has a copy of the City staffs response to Colby's letter. He said he would like to submit the Bella Vista Association official response to the response. He said he would also send this out via e-mail. McDonough asked that the Commission take the time to read this letter, especially the comments from District Forest Manager Mark Vitosh with regard to the old oak trees along the Bella Vista bluff. He said the City's preferred alternative calls for elevating Dubuque Street up to 15 feet higher than it is today from Foster Road to Park Road. McDonough asked that the Commission imagine this to be 15 feet high. He said that the cross arm at the stoplight at the corner of Dubuque Street and Park Road is about this height. McDonough asked the Commission to try to visualize the road at that spot. McDonough said they are not anti - growth. He said they understand the necessity of the needed work on the Park Road Bridge. McDonough said they are willing to give up some of their property value for the betterment of the City. He said he personally voted for the sales tax increase to help flood mitigation, but 15 feet and 180 feet wide from Foster Road to Park Road seems excessive. McDonough stated that the environmental impact study determined the Gateway Project a FONSI — a finding of no significant impact — on adjacent properties. He said that regardless of what that report says, common sense tells him that this will have a far more significant than no significant impact. McDonough said, regarding their request to the Commission, if this were a home remodeling project within an historic district neighborhood, he is quite certain the Commission would say it simply cannot accept this project until the details are clearer. He said the Commission has the power to do that right now and asked it to please do so. McDonough thanked the Commission members for their service. Tony Colby said he would like to invite any of the Commission, any media, and any citizens of Iowa City to his house at 1 p.m. Saturday to do a walk- around. He said he would borrow the 15- foot pole and give an onsite demonstration of the concerns. Colby read from Irving Weber's comments, "Bella Vista Place is all the name implies: a beautiful view high above the Iowa River looking across to the City Park on the west side of the river and HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 17 of 42 up and down the river. Bella Vista is unique in that the houses built on the bluff above the river own the scenic, grassy tree - covered hillside running down Dubuque Street and the Iowa River and the area was known as the commons. It was first jointly owned as a single unit, with the stipulation that no building could be constructed on it, thus to ensure an unobstructed view of the Iowa River and City Park." Nancy Carlson said she lives at 1002 East Jefferson Street. She said she came to the meeting to talk about City Park and the effect this 15 -foot wall will have when one is in City Park looking at the Iowa River and at Dubuque Street. Carlson stated that for those who live in the central area, there is not much open space. She said that City Park is one of those spaces. Carlson said it is for the enjoyment of the whole City and has been so for a long time. Carlson said we have worked to keep it a nice place to go. She said that Riverside Theatre has put in a Shakespearean -type theater where there are plays in the summer. Carlson said the City has worked to attempt to keep this a quiet, pastoral place where the citizens of Iowa City can go for plays, amusement rides, picnics, tennis, and baseball. She said this has been a jewel of Iowa City. Carlson said that now they want to put in a 15 -foot retaining wall right across the river from City Park. She said she questions whether City Park will remain a pastoral place where people can go to get away from the doldrums of their usual lives. Carlson said that also the bridge is going to be higher and wider, so not only will there be these huge, modern -day architectural road things, there will be the noise along with that. Carlson said her concern is, although she realizes that City Park has no structures that are considered historic, City Park in and of itself is an historic area. She said her question is what are these improvements going to do to the environment of our city park. Julie Myers said she lives at 820 Ronalds Street in the Goosetown Neighborhood. She said she came to listen to comments on the project from people living in the Bella Vista Neighborhood. Myers said they are her neighbors, and she wanted to hear what they had to say, as well as what the people on Ridge Road have to say. Myers said she thought the argument was really good. She said she has also been reading the plan and the environmental assessment. Myers said it uses the phrase, "It won't touch any structures." She said she also heard it said that this is about whether it has an adverse impact on structures. Myers said she likes the idea better of a context and of these being properties, not just owned by individuals but enjoyed by the public. She said the whole idea of the bluff being something that Iowa City needs to preserve and that the river look is important is part of the reason she moved here too. Myers said she had counted up the days the river has closed that road. She said it was closed 50 days in 2008 and 30 days in 1993, and just recently it was closed and partially closed. Myers said that $40 million dollars, and it has been closed for some 83 days in the past 20 years. She said she realizes there is money sitting out there in the form of funding, and the City HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 18 of 42 has worked hard on the design of this project, but that doesn't mean the Historic Preservation Commission should just rubber stamp this. Myers said she was also struck by the idea that the Commission's letter may have been issued before the preferred alternative came out. She said she would look at the environmental assessment to see if that is the case. Myers said that would sort of suggest that the Commission did not really look at the preferred alternative very closely before issuing the letter of no significant impact. Myers said she did not know if it is possible for the Commission to reconsider to get more time to really think about this and visualize it. She said that some of these visual aids were very helpful to her. Myers said she has asked how high the road would really be at 15 feet, and how high would it be at that intersection where the bridge meets Dubuque Street. Myers said Melissa told her it would be the top of the light pole. Myers said that is kind of breathtaking. She said she will go back there tomorrow and look at that again. Myers said she rode her Vespa around that whole area today. She said she went to 1501 Ridge Road, which they said the elevation would be above that. Myers said she tried to find 804 Dubuque Street, because the plan said it would not go across that. She said she looked at those two points and tried to draw a line across it, and then she read it would be three and one - half feet above the first floor of the Mayflower. Myers said she was looking at all those barriers and asking where the first floor of the Mayflower is. Myers said it seems like this road is being elevated a lot. She said she thinks the view from the park will change and the bluffs will get lower. Myers asked the Commission to think about the idea of these being historic properties in historic neighborhoods as well as the park and the access to City Park. She said she knows the City plan discusses that and says this project is going to include some better access from the neighborhoods via sidewalks over to the City Park. Myers said that would be good, but in some ways, if one is standing in the park, it is really different just looking at a big road blocking your view, rather than those beautiful bluffs. She asked the Commission to look at it from the point of view of properties and neighborhoods. Myers said this is named the Gateway Project, so the image she thought of was the interstate just coming down and feeding the downtown businesses. She said having the businesses downtown is a good thing, but regarding the Gateway, there is a letter from the City in the appendix that says the Gateway phrase comes from the idea of just coming in and following the river. She said the Gateway is considered the river, the parks and bluffs, and the beautiful road. Myers said that to change it into something where the river is kind of channelized and there is a retaining wall would fix the flooding, but it could have a huge impact on the historic neighborhoods. Jennifer Wagner said she lives at 4 Bella Vista. She said she appreciates the interchange of ideas. Wagner said that she and her husband bought the 1922 colonial, and she would bet now that it was the biggest dump that anyone has bought, but thanks in large part to the Commission and staff, it is starting to look really good. J. Wagner said there are three fact -based reasons the neighbors are respectfully requesting that the Commission rescind and reverse its letter of support for this project. She said the first HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 19 of 42 reason is that it was based on mistaken information provided by the City, namely that in its August 2012 presentation to the Commission, the City claimed it was working with property owners all along. Wagner said that statement is used four or five times in the meeting minutes, and she respectfully requested that the Commission look at that. J. Wagner stated that even in the staff response to the neighbors' letter this week, one will see that there is a two -year stretch between the time that Melissa met with Tony, Scott, and Barbara Littenser in April 2011. Wagner said that at that time the neighbors were extremely positive about the meeting, and Colby even sent out an e-mail that reads, "I had a very good meeting with Melissa Clow of the City. I was very impressed with her. She gave me an overview of the project. I gave her a tour of the property and expressed my concerns. She was very attentive and took pictures and notes. I feel very positive about this after speaking with her." J. Wagner asked if this sounds like a man who was told that the elevation of Dubuque Street would climb 15 feet up his property and that when finished, five lanes of traffic would be within 11 feet of the back of his deck. She said she wished everyone could stand back there and see it for themselves, because it is daunting. J. Wagner said the second reason is that the Historic Preservation Commission went against precedent and procedure in writing the letter of August 2012. She said that is because historic property owners who would be individually impacted and impacted as a neighborhood were not informed of or present at the meeting. J. Wagner said that as historic home owners, they have all jumped through these hoops, as one sees what happened at tonight's meeting, and the attention that was given to doors and windows. She said this is really important stuff. Wagner said that when her neighbor, David Weisenek, who lives two doors down, built a new garage, all of the residents within a three - block radius received a postcard inviting them to attend to discuss it. Miklo said that is incorrect. He said that would have been for the Board of Adjustment. Miklo said the Historic Preservation Commission does not hold public hearings. J. Wagner thanked Miklo for the correction. J. Wagner said the point she is trying to make is that the Commission asks for input from the residents in terms of specific design details. She said that in this case, the City is choosing to significantly alter hundreds if not thousands of square cubic feet of land on private historic property that sits on the National Registry, and these homeowners are not given a seat at the table. J. Wagner said the third reason is that no design has been furnished. She said they have not been told what the bridge looks like nor what the streetlights will look like. Wagner said they haven't been told exactly how high the street will be elevated. She asked if it is 15 feet or eight feet or will the City be grading onto their properties or be creating this 15 -foot retaining wall. Wagner asked how it will be drained. Wagner said they were told at a meeting that was held earlier in the year, "Trust us. When that money comes in, then we'll go into the design phase." She said that quote was written in the Press - Citizen as well. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 20 of 42 J. Wagner said they are just requesting the level of inquiry that the Commission is so good at in looking at slides as seen tonight for the windows and doors. She said they want that for the Gateway Project. Wagner said it is only fair. J. Wagner thanked the Commission for the work it does and for revisiting this issue. She said a question about noise came up. J.Wagner said that noise decibel testing has been done. She said they question that officially, as that would be an impact on historic property. J. Wagner said that if one takes a road, elevates it 15 feet, cuts down the trees, the wind comes from the north and northwest, it is going to be greater than it is today. J. Wagner said she also believes that Bella Vista bluff was tested as being treeless and grassless. Clow said that because noise engineers do not see trees as being a noise mitigation, they modeled it as if the bluff did not have trees on it. She said that models then the most noise that would be possible in the future under that circumstance. J.Wagner said that all of them are for flood mitigation. She said that all of them are willing to give up a certain degree of land to stop the flooding. J.Wagner said none of them quite understand why Dubuque Street flooded to the extent that it did, and none of them quite understand why hesco barriers were put around all the University buildings, and none were put by the skateboard park to protect that part of Dubuque Street, but she said she was sure that is not a question for this Commission. As there were no further speakers, Miklo suggested that Clow make her presentation. Swaim informed Clow that there are opportunities as she discusses this to address some of the specific issues that people have raised. Swaim said that includes the concern that there is no design, the level of information given to the public at different times, etc. Clow said this is basically the same presentation that was given to the Commission in August 2012. She said that nothing has changed since then, and she presented the preferred alternative at that time. Clow said the same preferred alternative is still being used. Clow showed the project study area. She said the area starts on the north, just south of the new Dubuque Street interchange that the DOT is currently working on. Clow said the study area does extend south to Church Street, but-that is being conservative. She said they are showing the grading that will connect back in between Brown and Ronalds at this time. Clow added that again, design details are going to depend on the protection level that is designed to. Clow said that on Park Road, improvements will go from the Dubuque Street intersection, west to Riverside. She said that between the bridge and Riverside, Park Road would be improved to three) lanes. Clow said the project was initiated after the 2008 flood and has been in the planning phase since 2010. She stated that right now it is still in phase one, the planning phase. Clow said that phase one is called the National Environmental Policy Act (NEPA) study, and it is complete. She said that a NEPA study is required for projects seeking federal funding. Clow said there are currently three funding sources for this project. Clow said the NEPA process is now complete. She said that in addition to tonight's meeting and concurrently with the wrapping up of the NEPA process, due to the Bella Vista residents' concerns, there was an additional study done by the Office of the State Archaeologist. Clow said she received that finding earlier in the day. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 21 of 42 Clow said that phase two will be design. She said that final design and detailed design cannot be started until after the NEPA process is through. Clow said that detailed design and engineering work is estimated to take 18 to 20 months. Clow stated that phase three, construction, could begin as early as the fall of 2014. She said that would be an early structures package, if they did get something early out. Clow said at this time, based on the timeline, this has been pushed back and they are looking at construction in 2015 and 2016. Clow said this would require two construction seasons, because traffic will be maintained on the roadway during construction. She said there are too many considerations, including pedestrians and transit, to allow for shutting down the street and completing the project in one season. Clow showed an outline of the NEPA process itself. She said it started in December of 2010, when HNTB Consulting was brought on board. Clow said that at that time they sat down and began to develop the purpose and need. She said they looked at many options, beginning with other corridors even, looking at if Dubuque Street were not improved, what other areas could be improved to carry the 25,000 cars that travel that road every day. Clow said that all of the arterial roadways in Iowa City were found to be at their maximum; they cannot be expanded to six lanes; they are what they are. Clow said that at that point, they also looked at other routes through the corridor, so they wouldn't be up against the bluffs. She said that would compromise parks and public space and would be making compromises they didn't want to make. Clow said they held the first public meeting on March 3, 2011. She said that after that, they took comments from that meeting, held stakeholder meetings involving City staff, streets, UI staff, public safety meetings, an aesthetics group, Parks and Recreation, transit, and as many groups as they could think of who use that corridor every day. Clow said they went forward and developed three reasonable alternatives through the corridor at that point. Clow said they then had a drop -in center on December 8 to show the three alternatives. She said that from that, they used public comments and, looking at this from an engineering perspective, asked what would work and fit the best for the corridor itself. Clow said that on April 4, 2013, after federal agency review, a public hearing was held. She said it is important to remember that the preferred alternative is a conceptual design. Clow said it presents the maximum allowable footprint. She said the NEPA documents will hold the City to the impacts, and they cannot be made larger than what is currently represented. Clow said they are representing raising the roadway and the bridge to the 500 -year flood elevation plus one foot. Swaim said this is a conceptual design and that it would be not more than what is proposed. Clow confirmed this. She stated that the environmental assessment, the NEPA document, that holds the City to the footprint that is shown — the maximum impact that is shown in the documents — they would have to go back to those federal agencies and get clearance if this goes beyond the footprint. She said the NEPA document is for the 500 -year flood elevation plus HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 22 of 42 one foot for Dubuque Street. Clow said that for the bridge, it would be bottom structural elevation of the bridge to pass the 500 -year flood under it. Clow said the purpose and need aspect is the why of the project. She said the purpose of the proposed action is to provide a reliable, multi -modal transportation corridor that reduces the impact of flooding on the local transportation system in the Iowa River corridor. Clow said this will maximize the reliability of Dubuque Street and the reliability of Park Road Bridge and minimize backwater created by Park Road Bridge. She stated that during the 2008 flood, 14 inches of backwater was observed immediately upstream of the bridge, meaning that on the north side of the bridge, there was 14 inches more water than on the downstream side, and those impacts were felt up to the Iowa River Power dam. Clow said therefore properties one mile upstream felt additional flood impacts due to the bridge. Clow said this would address roadway deficiencies on Dubuque Street and Park Road. She said the most obvious is that the bridge is functionally deficient. Clow said there needs to be a new bridge deck replacement. She said there are not barrier rails protecting pedestrians from lanes of traffic. Clow added that there are some scour issues at the piers. She said that on Dubuque Street, the pavement is from the early to mid 1980s. Clow said there is a trunk sewer that needs to be extended from the Bjaysville Lane /Foster Road intersection south through the Dubuque Street corridor that would need to be included and constructed at the same time. She said there is also the third lane of Park Road and a warranted right -hand turn lane from Dubuque Street onto Park Road Bridge. Clow said that Dubuque Street is going to be maintained as a four -lane road, two lanes in each direction with 12 -foot lanes. She said that the right -hand turn lane at the Park Road intersection does not extend back; the storage lane will be based on traffic counts and what is needed design -wise. Swaim asked if it is a certainty then that from the bridge on out the street will remain four lanes. Clow confirmed this. She said the roadway cannot be expanded; there is not enough room in this corridor to make a six -lane road. Clow said it will be maintained as a four -lane road. She agreed that there will be a turn lane at Park Road at the bridge. Ackerson asked about Foster Road. Clow replied that there currently is a left -hand turn lane from Dubuque Street onto Foster Road, and that will be maintained. Clow referred to the NEPA tasks that were gone through. She said one thing to note is that they did a pretty extensive flood model, one of the most complete in the State. Clow said that LIDAR, which is laser surveying, has been done. She said that at least four consulting firms have looked at it; the UI flood center maintains it; and it is a record of all of the proposed flood improvements as well as the completed flood improvements throughout the corridor from Coralville, Iowa City, and The University of Iowa so that we can look at what is being done and see the cumulative impacts. Clow said that they have gone through many alternatives, had two public meetings, a public hearing, and drop -in centers. She said she has met with residents and has been exchanging e- mails. Clow said that during final design there will be a lot of stakeholder communication. She said she wants to make sure that what is designed is what is right for this corridor. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 23 of 42 Clow said that, looking at initial alternatives, she showed a visual of other routes throughout the Dubuque Street corridor that were looked at. She said one can see that they don't really make sense. Clow said that three of them would go through City Park. She said it makes sense to keep the roadway as it is, on the alignment that it is on. Clow showed the preferred alternative. She said they will be elevating Dubuque Street based on the NEPA document to the 500 year plus one elevation. Clow said that the City Council, after the finding of no significant impact has been received, will be determining the actual design elevation, if this is designed to the NEPA elevation or if there is a lesser elevation that would be considered. She said that is one of the reasons there are not yet details about grading; there is not yet a definitive answer of where the roadway is going to be. Clow said that, along with the roadway, it is very important to improve bicycle, pedestrian, transit, and all those other ways of traveling. She said they also want to maintain the park -like feel. Clow said that as one comes into the city, this is a very unique setting, and they want to maintain that; that has been important the entire time. She said it is something they have highlighted with the consultant and something they don't want to see changed. Clow said that for the new bridge, the low steel will be at the 500 -year plus one foot flood elevation to pass such a flood event under the bridge. She said the current Park Road Bridge was constructed in the 1950s and was designed to the 100 -year flood elevation. Clow said that since it was constructed, the 100 -year flood elevation has been updated a number of times and is higher now than when the bridge was constructed. Clow said that the Park Road Bridge will be widened to five lanes of traffic. She said there will be two lanes westbound and three eastbound, so there will be dual left -hand turn lanes onto Dubuque Street. Clow said the bridge will have longer spans and will be south of the existing Park Road bridge, so it will contact Dubuque Street where Dubuque is already coming up and will be at a higher elevation where it connects to the existing Dubuque Street. Clow said that because the NEPA process is complete at this point, the next step will be receiving the Federal Highway Administration finding of no significant impact. She said that is a document that they have named. Clow said she is not saying there is no significant impact; that is the name of the document they will be getting from the Federal Highway Administration. Clow said that from there, they will be able to move forward and talk to the City Council about design decisions and get into final design and get to the details everyone wants to know. Corcoran asked about the last slide and if it was what the Commission saw last August. Coulter said that the materials that the City supplied with regard to the preferred alternative were first distributed in April 2013. He said the Commission did not review the preferred alternative at its August 2012 meeting. Miklo said that the Commission did not approve a plan; that is not its role. He said the Commission's role is to determine whether there is an adverse affect on historic properties. Swaim said the Commission did look at the affect on historic properties when this was discussed in August. Coulter said the Commission did not look at the impact of the preferred alternative, because that was not distributed in August. Clow said that she did use the preferred alternative. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 24 of 42 Clow said that with the NEPA process that was worked through, until there is a public hearing the preferred alternative was not made public. She said that in December of 2011 a drop -in center with three alternatives was held. Clow said they expected to start final design after Labor Day of last year. She said that from December 2011, they developed the preferred alternative and had that available when she met with the Commission last August. Clow said they were ready to get the FONSI a year ago and move into final design. Clow showed a summary of the information. She showed the impact areas and categories with the preferred alternative Clow said the project would impact .94 acres of wetlands, with 5.1 acres of grading impacts to public parks and open space, and 1.2 acres of historic sites or districts but no buildings or resources. Clow stated that 15.42 acres are impacted within the 100 -year flood plan, and 17.92 acres within the 500 -year flood plan. She said that .92 acres of acquired right -of -way will be needed. Clow said that is .02 acres of residential area, .5 in public parks and open space, and .4 from The University of Iowa. Clow said that the last time this was discussed with the Commission, she went through each property one by one. She asked if the Commission wanted to do that. Swaim asked for opinions. Michaud said the elevation is significant. She said the model they were going by apparently was the preferred one on August 29, 2012, but it was referred to as the 500 -year flood level plus one foot. Michaud said the specific detail of a 15 -foot retaining wall was not mentioned at that point. She said it might be the same, but it is a different way of describing it. Swaim asked if the Commission wanted to look at the individual properties or perhaps the two on Dubuque Street. She said the fraternity issues are probably explained sufficiently in the material and don't need discussion. Corcoran agreed. Swaim asked that the Commission take some time to look at the two properties on Dubuque Street. Commission members agreed. Clow noted that 15 feet is a lot but said that is being conservative and is looking at a ten -foot thick bridge structure. She said that is being conservative; they want it to display the maximum allowable footprint. Ackerson asked what the distance is from the roadbed of the existing Park Road bridge to the bottom of the steel. Clow said that is about two and one -half feet. Ackerson said that is two and one -half feet on the existing bridge, and the City is allowing for one that is going to have ten feet. Clow said that for good comparison, the McCollister Boulevard deck thickness is six and one -half to seven feet, so saying ten feet is conservative. Ackerson said he understands the conservative, but on the other hand, the amount of elevation this is proposing to Dubuque Street is quite large. He said it is quite possible that every foot the thickness of the bridge can be reduced is going to be very important to a lot of people. Michaud said she did not understand what way the ten feet is going to be conservative and asked if that is meant in terms of protection. Clow said the ten feet is from the bottom steel of the bridge up to the pavement that one drives on, so it is the actual structure of the bridge. She said that the ten feet would be the maximum. Clow said that is where this gets into design HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 25 of 42 details, and she does not have the answer. She said it will depend on the number of piers in the river and the bridge type that City Council decides on. Clow said that those things will impact the thickness and the elevations that the design finally arrives at. Corcoran said the elevation of the bridge will have a great impact on the height of the road. Clow confirmed this. Regarding 1818 Dubuque Street, Clow said that Dubuque Street would be elevated along the property. She said that structures would not be impacted, meaning that they would not be moved or torn down. Clow said that .02 acres of right -of -way would be required at the Ridge Road intersection. She said that Dubuque Street would be shifted away from the structure. Clow referred to a drawing showing light gray as the proposed roadway, versus the pavement that is driven on right now. Clow showed where a retaining wall would be built to avoid the garage. She showed where a new eight -foot walk would be constructed to go from Foster Road all the way to Park Road. Coulter pointed out that the sidewalks are missing from the diagram. Clow stated that they are shown in the dark gray color. Coulter said that would be away from his garage by approximately one foot. Clow showed where the structure is located and where the roadway has been shifted away. She showed the sidewalk and the retaining wall. Clow said that at the elevation of the roadway, they will come in to meet the existing driveway that goes up to the upper garage. She said the driveway going to the lower garages will be maintained, and it will be verified that there is enough room there to turn a vehicle around, get down there, and use those garages. Clow said they also have space on the west to work through design and move the roadway farther west if needed. She said that if they find during design that things are not working out, there is enough space cleared on the west to do that. Miklo said a key point is that this was designed specifically to avoid the stone garage. Corcoran asked if both garages would be accessible. Clow confirmed this. She said the higher -up garage would also be accessible. Ackerson said he is hearing staff saying one thing and hearing another thing from the audience, and somehow that has to be resolved. He said staff is saying there is enough room that the old stone garages will be accessible. Clow confirmed this. Ackerson said he hears another statement that the sidewalk would be one foot from the garage. He said those two statements are incompatible. Ackerson said staff and Coulter should be able to sit down and say this is the way it is, and this is right or it's wrong. Clow said she and Coulter have talked a lot, and she said he is free to come up to her office and talk about this, which he does. Clow showed the face of the garage. She said there are 20 feet or more to the face of that retaining wall right now. Clow added that as this gets into final design, if more room is needed, that room can be given. Regarding steel guardrails, Clow stated that everything on this project will be done in accordance with traffic code and safety. She said that rather than steel traffic guardrails, they will be looking at barrier rails, which are more aesthetic, concrete structures; safety will definitely be looked at. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 26 of 42 Referring to the cross - section, Swaim asked where the pavement for the street begins. Clow showed the eastern edge of the existing north bound lanes. She showed the curve line of the proposed roadway and the eight -foot walk. Swaim asked for the measurement there. Clow said they are moving it twelve feet. Clow showed the visuals that Coulter mentioned during his presentation that Clow had shown in August. She showed what it looks like now. Clow said they are very rough concepts showing the elevation of the road and then the railing. Miklo said one can see the upper wall of the garage. Swaim asked if the median is much wider on the proposal. Clow confirmed this. Michaud asked if that is necessary and if more space was taken west of Dubuque Street. She said it seems that if the median is wider, this could be moved over farther. Clow showed the green area that represents the median. She said they basically maintained the median that is there, although they have widened it a little to accommodate certain guidelines for having a grass median. Clow said that is what has been allowed for, but all of these are design issues that can change in the future. Michaud said that it seems like people are going away from grass to zero maintenance. She said that a luxurious grass median may not be necessary, and if there is that kind of wiggle room to move the lane over from the properties being infringed upon, that would make people happy. Clow said grass is currently what is there, but it is up for discussion. Miklo added that in terms of the median, there was a lot of support in the public meetings for keeping that vista and the median as an entranceway to Iowa City. Clow said that one of the issues with the median is that they have created enough space for one car to sit there so that a driver can pull out of Taft and sit there and then turn northbound. Durham said that one of the problems with this process is that normally when the Commission makes a decision, it's whether the window trim matches a brand already known; the design specs are in place. He stated that if there is not a particular answer for the window trim, then the applicant is asked to return when he has the information; the approval is deferred. Durham said that Clow has the specs now, so it is just an alien process. Miklo said the Commission's role in this process is different. He said the Commission is not approving a design. Miklo said it is not possible for staff to do a design until this process is complete. He suggested it would be helpful to finish the presentation to show what the impact might be, because the impacts are not what was stated earlier, in terms of the fact that there will still be access to the garage. As far as historical property is concerned, Clow said this is maintaining the garage, maintaining access and use of the garage, and maintaining access to the upper garage and the home. Wagner referred to the last slide and asked where the fence would be. Clow said that is not the final design. Wagner said that is the point that the final specs are not available. Durham said it is part of his point, but his basic point is that normally the Commission is either in control of a particular set of specifications that it can identify or is not. He said that in this case, HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 27 of 42 this is a discussion from your (Clove's) department, not the Commission's. Durham said they can tell the Commission about it, but the Commission cannot interpret the other department's specs any more than it can interpret Coulter's. Swaim said this is new territory for the Commission, but the issue is what impact the plans have on the historic properties. She said that in this case, there is some visibility of the garages that is decreased. Clow said that is what they are trying to show - the visibility. Regarding 1501 Ridge Road, Clow said the Dubuque Street elevation will be similar to the home. She said there will be a grading and temporary construction impact of .85 acres. Clow said there is no impact to the house or structure. She said there will be a new eight -foot sidewalk being constructed on the east side of the roadway in front of the home. Clow said that Dubuque Street would be shifted away from the home. She showed the north bound lane of Dubuque Street and the proposed north bound lane. Clow said the intersection of Ridge Road would be shifted to align with the entrance of Terrill Mill Park and provide enough space for a car to sit perpendicular to Dubuque Street and see traffic and get out. Clow said that by doing this, it would remove the traffic from Ridge Road from going in front of this house. Nancy Hauserman said she lives at 729 North Linn Street in the North Side. She asked for the definition of the word impact. Hauserman said she would like to get a little clarity, and she wanted to know how the word is being used. She said she did not believe it meant that the building is going to be torn down or that Coulter's garages would be left standing. Hauserman said she thought it meant something broader; she thought it meant how it is that this affects, in the broadest way meaning visual, the feel of the neighborhood, how it impacts the sense of how it relates to a broader sense of Iowa City and how it impacts the look, the feel, the historic preservation of specific neighborhoods. She said she did not think that impact meant solely that something would be torn down or that it was unlivable or that he might not be able to jump into his garage somehow. Hauserman said she thought it was a much broader term. She said it is really important just to get a little bit of clarity. Clow said that right now, for the environmental assessment, impacts look at grading: how far out will the grading go, how far out will construction impact as far as aesthetics. She said that any of the other, softer just as important definitions are part of final design. Clow said that with final design comes final landscaping, aesthetics, etc. Clow stated that they are showing one way of doing this right now. She said that as this gets into final design and determines details, this might look different. Clow said there might be a different way to access Coulter's garage that has not been thought of yet. She said that cannot be figured that out until this process is complete. Swaim asked if there will be an opportunity for feedback at that point. Clow confirmed this. Swaim said that impact is a word that can be used narrowly and broadly. Hauserman said she knows it is a really broad word. She said that usually when she listens to the Historic Preservation Commission and the really fabulous things it has done to maintain Iowa City and Iowa City neighborhoods, when the Commission discusses impact, it talks about it in the broadest possible way. Hauserman said the applicants are asked to bring their plans so that HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 28 of 42 the Commission can really see in detail what that impact will be, so the Commission itself uses a broader definition of impact rather than just access or tearing down a building. Hauserman said that is really why she asks the question. She said she thought it was more consistent with the kind of work and the way that the Commission tends to look at projects that come before it. Hauserman said it is really the great value the Commission has and why it is such an important commission in Iowa City, which makes it such a special place. She urged the Commission to use a little bit broader definition of the word impact. Hauserman said she has great respect for the work done by Clow and the City. She said it is hard to say just trust staff that the final plan will be okay, and the Commission has to go with this. Hauserman said that once the Commission says yes, we are on a path. She said that even if the residents can come back, we are now on the path. Hauserman said it is hard to say let's just go ahead and see how it goes and what the impact will be. Ackerson said the problem is that the Commission does not have a detailed plan in front of it. He said that perhaps, even worse, Clow's charge going into this is to come up with a set of worst case parameters so that when it is time for the detailed design, they don't find they have painted themselves into an unmanageable corner. Ackerson said Clow wants to leave things open so that the detailed design can go into really meaning something. Ackerman said the problem is one does not want to make the preliminary stuff too big so that the impacts are so big that everyone gets up in arms about them. Clow showed the proposed cross - section of 1501 Ridge Road. She said the red line is the existing roadway; she showed the existing center line of Ridge Road and the edge of the Englert porch. Clow showed north bound Dubuque Street and south bound Dubuque Street. Clow said the home would remain. She said the driveway to the home would be where Ridge Road used to be. Clow said there is some grading impact on the property, and the driveway will be rebuilt. She said that at this time, the elevation is being shown as about the same elevation of the road, but that will come with final design and discussing with these landowners how they want their driveway to look: above the flood elevation or more closely resembling where it is now. Swaim asked Clow to discuss the Bella Vista neighborhood and how high the road will be in terms of the top of the bluff and other issues that were raised. Clow showed the slide for the Bella Vista neighborhood, with Dubuque Street elevated approximately ten feet. She said that the environmental assessment does say up to 15 feet, so ten to 15 feet. Clow said that grading and temporary construction impacts of 5.4 acres are shown in the dark orange. She said there would be a ten -foot buffer beyond that for construction staging or anything that needs to go beyond it. Clow said that existing trees will be impacted. Clow said that Dubuque Street would be shifted away from the properties. She said the Dubuque /Park Road intersection would be shifted south. Clow said there would be no impacts to homes or structures. She said a new eight -foot sidewalk would be constructed along the east side, and a tree buffer landscaping would be restored with plantings. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 29 of 42 Clow showed a cross - section at 12 Bella Vista. She showed the face of the home. Clow said the cross - sections are a little bit different than those shown in August. She said the red was added to show what has been surveyed out in the field. Clow said the blue represents the two - foot contours that are available from the County. She said it might not be exact, but it was information from the County to show where the home is to give an idea of the height of the bluff. Clow showed existing Dubuque Street and proposed Dubuque Street. She said that after the eight -foot sidewalk is put in, they will be grading down at a four to one slope, which means for every four feet out it will go a foot down. J. Wagner stated that the owners of this landmark property could not attend the meeting and wanted to be sure their voices were heard. She said they bought the property earlier this year and had no idea what they were getting into. J. Wagner said they are at the corner of Dubuque Street and Kimball, both of which will be raised ten to 15 feet. J. Wagner said there has been some discussion of whether these are volunteer trees or old growth trees, but whatever they are called, they are big old trees. She said that District Forester Mark Vitosh has stated that these trees date back one hundred years. She said that to say these trees are going to be replaced with plantings is a hugely significant impact. Clow said that one thing to point out on the cross - section, as discussed, is that in final design, retaining walls can be introduced to come down and meet existing much closer than it does now. She said that right now this shows the largest footprint, not knowing to what height Dubuque Street will be elevated. Clow showed a cross - section of 5 Bella Vista. She said that they added the two -foot contours to show the extent of the bluff. Clow showed the face of the home, existing Dubuque Street, and proposed Dubuque Street. She said the purple includes an eight -foot parkway, as well as the eight -foot sidewalk. Clow said that clear space could potentially go down to six feet for traffic safety, and they don't like it to go below that, but that is another area they can work on. Baldridge said he is hearing a lot of concern about the bluffs being filled in or disappearing. He said that looking at the elevations, that does not appear to be the case. Same male said that from the cross - section, it looks like the house is still 30 feet above the roadway, and he asked if that is a correct interpretation. Clow said that it is correct. Clow said that 5 Bella Vista is 40 feet vertically above the proposed elevation as shown in the cross - section. She said that horizontally it would be 165 feet from the roadway. Colby said that he lives at 5 Bella Vista. He said that 60% of the tall trees are within that green area. Coulter said he believes there is some inaccuracy there. He said that if one looks at the automobiles in the pictures, each one being about 13 feet long, he asked how many car lengths there are between the road and the house. Coulter said there is not a scale on the photograph, but one can figure it out by looking at the average length of a car. He said to take the red car and turn it around and determine how many times would it be to get to the front of the house — about 100 feet. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 30 of 42 Clow said that each of the grid lines horizontally represents ten feet, and each grid line vertically represents ten feet. Michaud said that particularly with 5 Bella Vista, she is aware that Colby's deck is a recent addition and is extensive, so that is a factor in his lifestyle. She asked Colby how far out his deck goes. McDonough said he believes the stoplight is right around 650, and the ground right in front of Colby's deck is 36 feet higher than that. He said that in the rebuttal, if the street is raised 15 feet and there is 36 feet of difference in between there, that is a big impact. He said it is a 41.6666 percent difference. Clow said that the green line coming down from the back of the sidewalk is represented in all the aerials in the handouts by the yellow line, so it is on the plan view as well as on the cross - section view. Clow said this cross - section is included in the environmental assessment. She said this is new information since August. Clow said that in the environmental assessment, it was again only taken to the extent of the topographic survey, so it only went to halfway up the bluff. She said they again used the County contours and extended the bluff. Clow said there is a gazebo up on the top right next to the drive of Bella Vista Place, and it extends up to 6 Bella Vista Place. Clow said they calculated the impact on the properties. She said that of the Bella Vista properties in this subdivision, there is 11.58% of area within the impact or grading zone that will be affected. Clow said that includes the area along Kimball as well as 12 Bella Vista. She said this refers to the temporary grading. Swaim asked about the effects. Clow replied that this 11.58% of the area will be affected with the raising of the roadway but will be included in the landscape plan and would be replanted. She pointed out where this matches into existing. Clow said that from that point to the west is where trees on the bluff will be impacted. McDonough said that a tree's root system wants to follow gravity. He said it will go downhill. He said that if the line is right there, it will still affect the roots of the trees even up the hill. He said that some of them are very old, and the older they are, the more they will be impacted. Clow said she will be working with landscape architects to work through all of these details during final design. She said these are all issues that have been raised at meetings. Clow showed a street view and how it would look after raising the roadway. She said it is still a very rough concept. Ackerson asked how far above the 500 -year flood plain plus one foot is on Dubuque Street at the Park Road intersection. He asked if, at that Park Road intersection, Dubuque Street is one foot above the 500 -year flood plain. Clow said that the low steel of the bridge structure is the 500 plus one location. Clow stated that Dubuque Street at this location would be higher than the 500 plus one elevation due to the bridge and the need to raise the bridge to pass the flood underneath it. She said that along this frontage, the high point will be at the Park Road intersection, and then it will slope down to meet the 500 plus one elevation on Dubuque Street. Regarding the trees that are planned for removal, Carlson said that as someone who went through the tornado a few years ago, in her lifetime, there will never be as much shade in her HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 31 of 42 neighborhood as there was five minutes before the tornado hit. She said that when there is discussion about removing these trees, one has to realize that it will have an impact for a long, long time. Clow noted that this represents the maximum allowable footprint that will impact to here. She said that with this maximum allowable footprint, this bluff will remain intact. Myers discussed the previous slide. She said it was asked if where the bridge and the roadway are going to intersect is at 500 plus one. Unidentified male responded that it is actually 500 plus ten plus one. Myers agreed that it would be 500 plus 11. She said that is important because she read a letter in the appendix in which the airport said it was fine with the project, except it didn't want a lot of wetlands, because it would attract waterfowl, which could then interfere with flights. She said they are giving support but are saying they would object if these wetlands were done. Myers asked if the Commission can write a letter laying out some guidelines, stating that the project seems fine in specific ways but adding that the Commission would object or recommend or prefer certain items. She said, as an example, if the bridge were not as deep, then the elevation in front of Bella Vista would not have to be as high. She said the Commission could ask to have the bridge not be as thick as a preference. Michael Post said he lives up on 440 Kimball Road. He said that some of the trees being discussed for removal are sycamores. Post said they go back to the dinosaur age and cannot be replaced. Post said their root systems are extremely deep. He said that if they are removed and there is a lot of rain, there will be mudslides. Post said there is also a lot of wildlife in that area. He said the wildlife will be impacted by the noise. Post said that hundreds of trees were lost when North Dodge was widened. He said that we had a flag from the Arborist Day Society. Post said that if any more trees are removed, we could lose that flag, and that is really hard to get back once lost. He said that if any more trees are removed, he will write a letter to the Arbor Day Society and tell them to rescind the flag. Swaim said there is a lot of discussion about trees and planting, but the discussion should be about the houses and the properties. Swaim stated that no one would argue about the sadness of losing trees. She said that her neighborhood lost a lot of trees in the tornado also. Swaim said the sycamore trees are wonderful. She said there has been a lot of fill -in where she lives, as things fill in with the same kind of volunteer trees that are also in this area. Swaim said she agrees with the concern about the trees but said the Commission needs to confine itself to the properties and their historic nature. She said it is a gray area when speaking about quality of life issues of wildlife and trees and such, but the Commission's mandate is to look at the impact on the properties and the structures. Clow said the reason this project is moving forward is that on April 17th there was flash flooding, and the roadway was closed. She added that on the 18th there was so much local rainfall that the river flashed up. Clow said the road closed again in the morning until the Army Corps could HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 32 of 42 close the gates and release less water from the reservoir. She said the road was closed for 17 days. Clow showed what Dodge Street looked like during the Dubuque Street closure at 4:45 p.m. She said this is all traffic going through local residential streets. Clow said this shows what happens to the transportation network, emergency routes, and everything else within the City limits of Iowa City when Dubuque Street is closed. She said that is our one corridor on which to carry these 25,000 vehicles per day. Miklo said that a lot of questions have been raised about the aesthetics and the effect on the park. He said that staff has illustrations of how staff has been working to address this. Clow stated that staff has been working with the consultant and has received draft renderings from the consultant. She said these have been developed for the City Council decision later this year. Clow showed the view of the existing Park Road Bridge and Dubuque Street as well as the proposed plan. She showed Kimball Road and the driveway up to 1032 Kimball Road. Clow showed a view off the front step of Mayflower, where she had talked about the roadway being elevated above the first floor. She said they have pushed the roadway away from Mayflower to create green space. Clow showed a view from the boathouse patio. She said it gives a good idea of the wall being discussed. Clow showed where the wide median will be maintained. She said they want to maintain that park -like feel. Clow said that when they looked at the alignment of the roadway, they looked at how it snakes through the corridor, and they want to maintain that. She said this cannot be a freeway, as there are pedestrians, bikes, and too many other considerations. Clow said there are a number of intersections, and it needs to be maintained. Coulter said that with regard to these illustrations with the proposed plan, he said that to the east of Ridge Road, Mayflower is lower. He said that as we all know, there is a big bluff back there. Coulter asked where the water will go; he said it will be trapped in Mayflower. He said that is also the issue that he has with regard to his house and the pit that is being created by the barrier in front of it. Coulter said he has seen no provisions about how the drainage is supposed to be taken care of. He said the renderings nicely illustrate that this is creating a dike with the roadway that blocks the normal drainage from all of the bluffs that line the east side of Dubuque Street. Swaim asked if that has been resolved. Clow said that during the final design, they will work on drainage. She said that the main reason for this project is flooding and drainage. Clow said there is not enough capacity in the ditches and storm sewers when it flash floods. She said that is why the flooding occurs and that is the reason for this project — to solve that problem. Clow showed Mayflower and the view from City Park. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 33 of 42 Clow said that with this presentation, staff is asking the Commission to look at impacts to historic properties. She said that during final design, they intend to mitigate the impacts that have been shown. Clow said they don't want to be impacting these properties but want to work with the homeowners to determine the solution that is right for them and move forward so that we can keep Dubuque Street open. Swaim said there have been quite a few opportunities to exchange views and to listen to the public. She asked if there was anyone who felt he or she wanted to add something. Knoche said that he is the City Engineer. He said that the Dubuque Street project and elevating Dubuque Street is not meant to prevent flooding from behind it. Knoche said that obviously, it is meant mainly to elevate the road and get the road higher than the river itself. He said that the storm sewer system will be designed to accommodate passing the water from the bluff side through to the river. Knoche said he also wanted to point out that if the City does receive the FONSI and is able to move forward with the project design, there is still opportunity for citizens to voice their concerns. He said that as this moves forward and moves into the property acquisition phase, there is a public hearing prior to approval of the resolution by City Council. Knoche said citizens can come in at that point and time and raise their concerns. Knoche said that also during the process of the plans and specs, there is an approval that has to be made by the City Council. He said that if there is still concern about the design of the project, citizens still have the ability to voice concerns with the City Council. Knoche said that before that point, they will be working with the Technical Advisory Committee and the citizens that will be directly affected through property acquisition and the properties that are directly adjacent of the project and will be working to try to accommodate them through design. He said it meets the goals and also works with the environment around it. Myers encouraged the Commission to find out what the choices are. She said that if one were to say there is significant impact, but then the City comes up with a way to mitigate that, perhaps the project could go forward. She said if the Commission states there is no significant impact, then it seems like no one will have to mitigate. She said then no one will have to make any changes in the design if there is no significant impact. Myers said perhaps the Commission can write a letter stating that there appears to be impact in these ways, but the City will work with the neighborhoods to mitigate it. She asked that the Commission figure out what its options are so that it is writing the letter that it wants to write. Durham suggested that the precedent and the logic of the Commission is that it does not answer indefinite questions, but it applies criteria and makes decisions based on applications to concrete criteria. He suggested that a working position for the Commission is that it decline to re- endorse the decision that the Commission, as it was constituted last year, made for reasons of the logic that the Commission upholds in all the other decisions it makes. Clow said that the project cannot move forward and answer the questions that are out there until it gets past this step. Miklo said it is important to consider that this is not a review of a house or something based on the Secretary of the Interior Standards. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 34 of 42 Miklo said this is a bigger picture, and the question is does this have adverse effect. He said he thinks staff has shown that the City has taken great efforts to avoid adverse effect by moving the roadway away from Coulter's garage and by minimizing the grading at the slope of the hill. Swaim said that a second letter also acknowledges that there is a lot of community input and that the Commission has revisited the issue because of all of these people coming and writing. J. Wagner stated that they have been in touch with the State Historic Preservation Office. She said that in August 2012, Clow pointed out that there was a holdup on that end and that the needed Commission approval. Same female said that they have the approval and passed it on to the DOT, so they think there is nothing wrong with the whole thing. She said they are waiting to hear from the Commission if there is a change. Corcoran asked if the Commission's approval was needed for the NEPA. Clow said the Commission was finding that the work done to this point has shown some impact to property but not enough to affect an historical property and its standing and that it has been shown that the City will be working around these obstacles, moving towards mitigating these issues, and making these impacts smaller during final design when the questions can be answered. J. Wagner suggested that people contact the State Historic Preservation Office. She said the contact there is a man named Ralph Christian. Corcoran read from the letter of August 30, 2012 that Swaim sent on behalf of the Commission to Matthew Donovan, the Cultural Resources Project Manager in the Archaeologist/Historian Department in the Iowa DOT, "By a vote of eight to zero, the Commission approved a motion to send a statement to the Iowa DOT Cultural and Historic Resources Staff and to the State Historic Preservation Office finding that the proposed Gateway Project is a needed community improvement. The Commission further found that efforts have been made to avoid and mitigate impacts on historic properties. The Commission found that no historic structures would be directly affected and that the amount of grading on historic properties is acceptable. The Commission is in favor of approval of the project as presented." Swaim asked for the opinions of Commission members. Corcoran responded that she would like to defer this, saying it is an important decision, and she was not ready to make a decision right at this point. Male (Ackerson ?) said that the original letter is probably good as it stands, but he thinks the degree of public interest would suggest that the Commission at least make note of the problems that are being created by the very conservative design that is being pursued. He said that he thinks a lot of the problems will go away if, for example, the bridge is lower. Ackerson said that if the bridge is dropped so that the buildup of Dubuque Street is less, then a lot of the problems go away. He said that is not something the Historic Preservation Commission has any business getting involved in. He said, however, that the design issues are having an effect on the community, and it is probably appropriate for the Commission to register the input that has been heard tonight. He said he also was not ready to write the resolution at this meeting. Baker said that some of the things that have been brought up are meaningful to the Commission but are not necessarily under the purview of the Historic Preservation Commission. She stated HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 35 of 42 that if things that were brought up passionately are things the Commission does not seem to be responding to, that is why. Baker said, however, it is the Commission's purview to look at preserving and maintaining historic property and structures. She said that while it is true that no structure will be physically interfered with, some information came up today that indicates that historic structures could be damaged. Baker said she is specifically thinking of 1818 Dubuque Street and the fact that those garages could be water - damaged because of the flood mitigation. Baker added that the idea of water coming down the hill and water cascading over the retaining wall is not something that was discussed the first time around and not something that occurred to her. She said, however, that as someone who has lived in an historic home with water cascading down a hill, she knows what can happen. Baker said this actually raises concerns for her that she did not have the first time around that historic structures may actually be harmed by what is being proposed here. She said she has heard from Clow that during the design and engineering phase, that will be discussed and some solution will be found, but she asked what the guarantee is that a viable option will be found at that time. Clow said that is where they work in final design. She said that if one looks at the garages now, currently water flows down the bluffs, as it will in the future. Clow said this project will not change that. Clow said they will provide adequate drainage from the garages over to the west side of the roadway, not backing water up. She said they have also talked about possibly providing a valve, because in 2008, water was up to the top of the garages. Clow said it would be possible then that they could shut off backflow from the culvert under the roadway to the garages. She said there would be internal drainage then that would need to be pumped out, but there are options such as these that need to be pursued further. Miklo pointed out that those garages have been under water already. Baker said she realizes that but said that any time there is a big rainfall, the water coming down the stairs and coming down the hill will happen. She said that foundations are an important part of historic preservation. Baker said she is not saying she is against the plan but is saying that this is a new problem that she did not consider the first time around. She said the water being trapped there could erode that foundation and erode those stones in a way that over time is going to be worse than having eight feet of water up to the top of the garage for 50 days. Miklo said that when staff was there in March, they observed that the stones are pulling away from that garage already. He said he suspects that is the result of previous flooding. Coulter stated that he is having several thousand dollars worth of work done on the garage. He said that it is a concrete garage, but the fagade, the face of it, is in the same cut field stone as the house and was laid by the same stonemason. Regarding the garage, Coulter said that one of his biggest concerns is the appearance. He said it seems that from the standpoint of the Historic Preservation Commission approving or saying there is no impact to a ten to 15 -foot wall topped by a four -foot steel fence directly in front of an historic property, what kind of precedent is that. Coulter said that the next time someone wants to erect a ten to 15 -foot structure with a fence on top of it in front of an historic home, the precedent is set that it is okay. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 36 of 42 Swaim said she is really glad everyone came and said she learned a lot. She said there is a lot of validity in the points brought up about the pleasure of living in these older houses and neighborhoods. Swaim said that she walked the western side of Bella Vista about 5 p.m. recently, and she was amazed by how much noise there was. She said that it is very noisy as it is. Swaim said that it is odd to her that the noise models that are created don't include trees in them but perhaps there is an assumption that they could go away and one would have to start from scratch. She said that some trees will be lost, and that probably will affect the noise, although she did not know that for a fact. Swaim said she is sorry about the trees and that she would not like to see that happen if that is the way it goes, but living on Dubuque Street or right above it is a noisy proposition. Swaim said she has looked at this a lot in the past few days. She said she is very glad that the garage will be able to be seen. Swam said that the other house — the Pownall House — is benefitting in a way, because it will not have the traffic of Ridge Road. Swaim said she does not see that there is another way of doing this. She said the flood has a huge impact on Iowa City, and the older neighborhoods have to take the brunt of traffic. Swaim said she doubts she will change her vote on this but is willing to defer if people want to work on putting together a motion and don't feel able to vote tonight. Baldridge said we have no way of knowing what future weather will be like. He said we can attempt to anticipate based on what it has been in the past, but we have to work with what we have and the knowledge we have and do the best we can to serve the whole community. Litton said he voted for this at the August meeting. He said he did not believe there were many, if any, neighborhood residents at that meeting. He said that seeing the outpouring and feedback and the way the neighbors see this impacting Bella Vista, there is not a handbook to go off of, and his vote may very well change. Michaud said she would defer discussion and give this some more thought. She said that hearing that there is opportunity to speak about this to the City Council raises a red flag. Michaud said that there have been many people speaking to the City Council about many issues, and City Council has disregarded all the input. Durham said that he has been reading the charts, reading the maps, listening to the staff reports, and listening to the residents carefully. He said these are his friends and neighbors, and he honestly does not know what he will do. Durham said he would like to consult with the other Commission members and would like to think about this. Michaud added that she recently argued for a C65 on Gilbert Street for a transition zone. She said that was totally disregarded, and there was no protection for a whole neighborhood. Michaud said that rampant development was given a green light, and that has repercussions. She said that attitude is what she is afraid of for every historic neighborhood and building. MOTION: Corcoran moved that the Historic Preservation Commission defer consideration of what if any action it would like to take regarding the Iowa City Gateway: Dubuque Street Elevation and Park Road Bridge Reconstruction Project. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 37 of 42 Durham asked if there is a deadline for the vote. Clow stated that at this point, since the Office of the State Archaeologist has reviewed all the information and concurs, staff is in a position to submit the FONSI to the Federal Highway Administration and move forward. Durham said that if the Commission does not make a motion, then this will go on. Coulter said he strongly suggests that the Commission get legal advice from the City Attorney. He said he believes that if the Commission allows its action of August 2012 in endorsing this and now that the State Archaeologist is done, this will go forward and the Commission will have no say about it whatsoever. Coulter said the only action the Commission can take that would influence this would be to rescind its earlier decision. Durham said the point from both sides of this discussion seems to be that this cannot be put off. He said if the Commission does not do anything, then it has made a decision. Miklo said that, given those circumstances, he would be concerned if the Commission rescinded something, given the comments of two minutes ago. Swaim asked if the Commission would want to hold a special meeting. Clow said that federally, the City has done everything it needs to do to show that this project can be constructed with minimal impact to the number of environmental issues listed in her response back to the residents. She said this has gone through a number of agency reviews and has been worked on since November of 2010. Clow said she does not know if the FONSI moves forward. She said she did not receive an answer today when it was discussed with the DOT. Tannen said that the process is flawed. He said that the City cannot do its design work until it has approval. He said it keeps going down the line. He said the project keeps moving forward, and that is needed to work out the details. He asked if the Commission can send a letter saying that the whole process is flawed, and the Commission needs to have the details worked out before it can approve something. Ackerson asked how it can be assured that as the process moves forward, the design process remains responsive to the public. Tannen said that has been the residents' frustration all along. He said that the City staff is doing everything legally that it can do, and they have to do that to move forward. Tannen said that every time the residents ask a question, this is not at that level of details yet, so they can't even protest, because there is nothing tq protest. He said this is the only vehicle the neighbors have. In terms of being responsive to the public, Miklo stated that the Commission has heard tonight from the folks immediately adjacent to Dubuque Street and a few others but has not heard from the larger community that came forward to the other p blic meetings that occurred over the two - year process. He said the Commission has not heard from the folks on Dodge and Governor Streets or Church Street, which sees more traffic whe Dubuque Street is closed. Miklo said the Commission has to keep in perspective that it has heard from a small portion of the community that is affected. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 38 of 42 Swaim asked if it would be possible for the Commission to create a letter stating that it approves this project but has great concern that issues concerning the storm drainage and water runoff, particularly at 1818 Dubuque needs to be resolved. She said the letter could somehow go on to say that the number of trees removed would be absolutely kept to a minimum. Swaim said, whether the Commission approves this or not, the letter could state that the Commission is very concerned that there be adequate follow -up and that there be ongoing communication with individual property owners. Durham asked if that isn't the purpose of the maps and footprint — that the planning is contained within a set of maximum parameters. Clow confirmed that but said that Swaim went beyond that, speaking more aesthetically and getting into drainage and issues that the engineers need to design. Durham said are there particular points of impact that the Commission thinks make a difference to the historical quality of the neighborhood that are indicated but not proscribed by the maximum footprint. He suggested that the Commission could draft a letter that is more detailed but asked how that could be done without the Commission asserting itself into the design process. Durham agreed that this is a Catch -22. He said there is a reason that the engineers need some flexibility. Durham said there is a problem though with giving a priori approval of an undefined project. Miklo showed an image that demonstrates that the dwellings on Bella Vista Place are still going to be a minimum of 30 feet above the street level. He said that is three stories. Miklo showed the impact area and said he does not think that has changed from when the Commission reviewed this a year ago. Miklo said there have been some emotional concerns from neighbors about their properties. He showed the impact on the historic properties. Miklo referred to the drainage issue on Coulter's property, saying it could be cited in a letter from the Commission saying it wants that issue addressed. Coulter asked what happens if nothing is done and if they will have to face this whole thing again. Durham asked if the Commission doesn't do anything, then will the project go forward. He said this will certainly be talked about again, because flood mitigation is an issue that is not going to go away. Coulter said that the money could go away, with the funders saying that the City turned it down before so they will give it to other people. Ackerson said that is not acceptable. He said that Dubuque Street has to be fixed. Same male said that has to happen. He said the question is whether something can be designed that is acceptable to the whole community. Michaud asked why it has to be the most extreme example of just like everything else that happened for the last two years. She said the City Council like this one will make the decision. Miklo said that the City Council is the elected body, and that is its charge. Myers said that part of this project is about 500 plus one — that elevation. She said the Commission has been presented with a lot of new information and perspective at this meeting. She said she admires the Commission for wanting to defer and said that seems fairly uniform. HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 39 of 42 Myers said she sees the support for the project and the City and all the work that they have done. She said she wonders if the Commission could make a motion to rescind its letter, discuss the options, and draft another letter within a certain time frame. She said said the Commission could submit the exact same letter, after discussion with SHPO, but this would at least give the Commission the time to have some say on the project. Miklo stated that he is unsure how SHPO is involved in this or what its reaction will be, especially after they received the State Archaeologist's letter. He said he would not advise the Commission to rescind the letter at this point, unless there is a clear majority that feels the Commission made a big mistake a year ago. Miklo said that if the Commission is unable to make a decision, it could defer this, and a special meeting could be held. He said the Commission could invite the views of SHPO, but SHPO is asking for the Commission's opinion. Swaim asked what time period is needed to give notice of a special meeting. Miklo answered that 24 hours is required. Swaim said that the Commission cannot have a conversation as a group without having a meeting. Miklo agreed that the Commission members should not be having conversations outside of public meetings. He said the idea is that the whole commission should be hearing everything, rather than getting bits and pieces, because then there is no opportunity for the engineers to correct or give their point of view. Durham asked if the Commission members would want to hold another meeting in a week. Swaim said perhaps it would be a meeting without public input, because there have been two meetings with public discussion and the Commission now has a lot of information to digest. She said that if any individuals have more information to provide, this would be the time to speak. Corcoran asked about the letter the Commission approved last year and who drafted the letter. Miklo said he thought it was pretty much written at the meeting. (Ackerson said the letter is a good letter as it stands). He said he thinks what is at issue is whether the Commission wants to publicly acknowledge or desire that the mitigation efforts continue into the detailed design phase. He said he believes that will happen but wants to be sure that it will happen. Miklo suggested a motion to add a comment to the letter — that the Commission is standing by its letter but expects that the mitigation efforts address the issue of drainage for the Coulter garage and minimize the grading adjacent to Bella Vista. Michaud asked if the Coulter House is a landmark. Miklo said it is not designated as a landmark, but it is eligible for the National Register of Historic Places. Michaud said it is then not at the level of the McCollister House, and Miklo confirmed this. MOTION: Ackerson moved that the Commission direct the chair and staff to draft a supplemental letter to the previous letter that was sent to the Iowa Department of Transportation, stating its concerns that without careful design and execution, there will be avoidable impacts to historic structures. Miklo said the gist of it is that the Commission is choosing not to rescind its August 2012 letter but is sending a follow -up letter to ask for mitigation efforts to the extent possible to address the HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 40 of 42 drainage at the Coulter property and the grading at Bella Vista. Corcoran asked if the letter would also go to the members of the City Council, all of the affected property owners, and all of the City and County departments that would have an interest in this. Miklo said that could be done. Swaim said she would like to see the inclusion of a comment asking for minimum tree removal, minimal elevation of Dubuque Street, and maintaining a green parkway. She said that, as opposed to the first letter, this one would spell out specific concerns. Corcoran seconded the motion. There was a voice vote. Miklo asked for a roll call vote so the record would be clear. Michaud said then if the Commission votes against the second letter, it looks like it is ineffective. She said she does not think it is adequate to just say oh please don't cut down 60 -foot tall trees. Miklo asked if the Commission wanted to amend the motion. Ackerson said he did not want to rescind the first letter but would like to send a second, amended letter. Miklo said that is the motion on the table. Swaim said that it needed to be voted up or down before another motion could be made. Durham said that if a supplemental letter is not sent, then this is back where it started. Swam said that what is different about this letter is that the Commission is standing by the original but is adding things to it. She said the Commission could vote yes or not on this or rescind or not rescind the letter). Miklo said there is still the option to defer this. He said he will not be in the office to schedule a meeting for next week, but the Commission could defer this for two weeks. Ackerson withdrew his motion. Corcoran concurred. MOTION: Corcoran moved that the Historic Preservation Commission defer consideration of what if any action it would like to take regarding the Iowa City Gateway: Dubuque Street Elevation and Park Road Bridge Reconstruction Project until a date to be set later for a public meeting that will have at least 24 hours notice to the public. Litton seconded the motion. The motion carried on a vote of 9 -0 (McMahon and Thomann absent. REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF: Between June 7, 2013, and July 5, 2013, Chair and Staff conducted six Intermediate Reviews and two Minor Reviews, issuing a total of eight Certificates of Appropriateness. A total of four Certificates of No Material Effect were also issued between June 7, 2013, and July 5, 2013. CONSIDERATION OF MINUTES FOR JUNE 13,2013: MOTION: Wagner moved to approve the minutes of the Historic Preservation Commission's June 13, 2013 meeting, as written. Litton seconded the motion. The motion carried on a vote of 9 -0 (McMahon and Thomann absent). HISTORIC PRESERVATION COMMISSION July 11, 2013 Page 41 of 42 ADJOURNMENT: The meeting was adjourned at 9:05 p.m. Minutes submitted by Anne Schulte Z N O O U U w M r Q W o > N � Z N G N W Z W a L) Q FR 0 _N 2 O O U z O H d W N U o 0 O ~� tia U � (D N N y Q Z u u u u XOwt O x x x x x x o x x x ti M Z: LV W X W X X W X x X X O O O O w x X X x x X x x x �i O O r a X X x x X X X X V T- X X X { I x X X X X x M X X X I I x 0 X X X X PS X X X I I X X O O O O N CD w x X X I I X X X X X r N X X X I I LU x X x 0 x r Go LU r X X X I I x O X X X X o X X X I I X 0 X X X x r M X X X I I x x X O O O N X X X I I X X X X 0 X { I X X X X X N X X 0 { X 0 X 0 X I c0 v LO w cD v v LO LO v U-) CL a— — a— r a— a— — e— — — r W W N N N N N N N N N N N F M M m M M M M M M M M U) ~Q W z W 0 W Z J Z Y H Y z p O a z O z 2F W Z z LL 0 W 2f C9 Z Q Q Q W z w p� 0 2 Z ' W Y V = O a = a c a 3 0 a a Q m u o M 3 m U � (D N N y Q Z u u u u XOwt O 2b(3) MINUTES APPROVED HISTORIC PRESERVATION COMMISSION JULY 25, 2013 EMMA HARVAT HALL MEMBERS PRESENT: Kent Ackerson, Esther Baker, Thomas Baldridge, Kate Corcoran, Frank Durham, David McMahon, Pam Michaud, Ginalie Swaim, Frank Wagner MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: Andrew Litton Melissa Clow, Bob Miklo RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) None. CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:15 p.m. DISCUSSION OF IOWA CITY GATEWAY: DUBUQUE STREET ELEVATION AND PARK ROAD BRIDGE RECONSTRUCTION PROJECT: Swaim stated that at the Commission's last meeting, the Commission deferred a decision on the Gateway Project. She said that at the July 11th meeting, some of the neighbors had asked the Commission to rescind its letter of approval, which was sent to the DOT, from August 2012. Swaim said that at that meeting the Commission listened to several hours of testimony and received several e- mails. She said therefore, at the present meeting, the Commission will not open the meeting to public comment. Swaim said however, that the Commission did invite the neighbors to send in e- mails, which Commission members should have received as a -mails and are also available at the meeting as paper copies. Swaim stated that there will also be no staff presentations, but Miklo and Clow are available to answer any specific questions the Commission members may have. Swaim summarized the Commission's options to focus in on this important issue. She said the decision the Commission makes seems to be on a spectrum. Swaim said that on one end, the Commission could say it has decided this has a severe adverse impact on the historic structures and is therefore rescinding its approval from August of last year. Swaim said that on the other end of the spectrum, the Commission could approve the project as noted in its letter from last year. She said the Commission probably wants also to explore the space between those ends of the spectrum. Swaim said that she has drafted some wording to use as a discussion point as this is explored. She distributed the wording and said it is just a jumping off point to begin the discussion. Swaim asked if the Commission members had any questions for staff about points brought up by the neighbors or other issues. Michaud said that Dubuque Street has flooded three times in HISTORIC PRESERVATION COMMISSION July 25, 2013 Page 2 of 13 the last 20 years. Clow confirmed this. Michaud asked if each time there was a height of the deepest level. Clow said they have been surveyed. She said that in 1993, that was just under the 100 -year flood elevation. Michaud asked how deep the water was on Dubuque Street. Clow said she could use Mayflower as an example. She said the lowest pavement elevation in front of Mayflower is around 646. Clow said the 100 -year flood puts it at approximately 651.3, which makes it 5.3 feet. Clow said there are cross sections for the hydraulic models. She said that where the cross section was taken, she looked at the pavement. Clow said she looked at the topographic survey, looked at the pavement, and took the lowest elevation on the pavement at that specific location. Michaud asked if that means it was about five feet higher than the pavement, and Clow confirmed this. Clow said that in 2008, it went up to approximately 655.4. She said the 500 -year flood elevation is approximately 656.7. Clow said that this year it was surveyed, but she did not have the elevations with her. She said it was not even a 50 -year flood event this year. Clow said that it was halfway up the Hesco barriers, which she believes are about five feet, so about two and one -half feet. Corcoran asked why the 500 -year level is felt to be most appropriate. Clow responded that it is because in 2008, we were only one and one -half foot below the 500 -year flood elevation. She said they have looked at historical rainfall, and the data is telling them that rainfall is increasing. Clow said that in 1851 and 1918 and 1888, there were recorded flows in the river higher than in 2008. She said that is prior to the reservoir being constructed. Clow said that upstream of the reservoir, 1918 had a greater flow, meaning that the flow into the reservoir would have been greater than in 2008. She said it was a long time ago, but it shows that this has happened before. Clow said this information comes from an Army Corps of Engineers' report. Michaud said that no one wants this kind of thing, and no one is denying that we have a lot of extra rain and storms because of climate change, so that is a given. She asked if the conclusion of the environmental impact study was a conditional no adverse affect. Clow said that was the finding of the Section 106 review. Michaud asked, if the 15 -foot retaining wall is built, has it been studied or a model projected for downriver — for the University and Riverfront Crossings. Clow responded that the hydraulic model that has been done starts at the Coralville dam and goes to the south side of Iowa City. She said it includes any proposed and existing flood projects that have been done by Coralville, the University, and Iowa City. Clow said it gives them the ability to take out projects, such as Taft Speedway, but it is a complete hydraulic analysis of the river. Clow said they also have the sidewalk project done by the University and have analyzed it with Hesco barriers on top of the sidewalks, which would be done in another event like 2008. HISTORIC PRESERVATION COMMISSION July 25, 2013 Page 3 of 13 Michaud said that IMU was flooded; it is still subterranean. She said she has not been on the west side of IMU lately so does not know if they have put walls up there or what, but it still seems like University buildings are still subterranean. Michaud asked why they then would not be flooded because there is a wall built. Ackerson said the wall that is part of the Gateway Project would not cause IMU to flood. Durham added that barriers have been put inside the underground tunnel system on campus to prevent water from flowing into the basements. He said those barriers were not there the last time this happened, so the University has addressed that particular issue. Clow said she is not familiar with all of the projects the University has been working on. She said this model is kept by the University at the Iowa Flood Center. Clow said the University has verified that all of its projects are included in the model. Ackerson said that the height the roadbed would be raised to is kind of a free parameter. He said that 500 -year plus one foot has been chosen, but who is going to decide what the final elevation of the road will be. Clow said the City Council will determine that. She said the reason that the 500 - plus -one is in the environmental assessment is that it is as high as this is going to go. Clow said that goes back to the maximum allowable footprint that they are showing. Michaud said that does not help too much, because so many of the City Council decisions lately have been deferred to staff recommendations. She said that sometimes the City Council has discarded its own matrix for making decisions. Michaud said it is great that the City Council is going to review this, but she would need some confidence that they are respecting whatever matrix or decision - making process and staff's recommendations and not worst -case scenario. She said that would win back some public trust. Clow said the presentation that staff hopes to give to the City Council includes renderings showing the 500 - plus -one and illustrating the Environmental Assessment (EA). She said they are also working on renderings for the 2008 plus one and the one hundred plus one. Clow said to receive federal funding and for the bridge to meet current regulations for hydraulics and flooding, this has to be at the one hundred plus one or above. Clow said that is the potential range. She said the discussions will include costs, different bridge types, etc. Ackerson asked if the amount of dirt that has to be moved to raise the roadbed to various levels is known. Clow said she does have that number but did not have it with her. She said that the quantity is known. Durham said that the details of building the road are outside of the Commission's area. Michaud said that the scale and scope of the construction process is somewhat under - described. She said that she has lived next to two recent construction sites, and the noise and excavation will require thousands of trips of dump trucks full of dirt. HISTORIC PRESERVATION COMMISSION July 25, 2013 Page 4 of 13 Swaim said that one point raised frequently at the last meeting was that this is not a final design, and it is difficult to assess the impact when it is not final. She said she spoke with someone from SHPO, who said it is not uncommon to be asked to weigh in on a design that is not final. Swaim asked if there will be opportunities, as this gets closer to the final design, for neighborhood input. Clow stated that with any engineering project, there is a pre- design meeting that is open to anyone. She said the meeting involves discussion of construction means, methods, everything that will happen, and what the design goals are. Clow said this project has been reviewed a lot, so the pre- design meeting will go over some of the same details, but it opens up an avenue of communication so that during design, staff can have one -on -one discussions with property owners. Clow said staff recognizes the historic character of this corridor. She said they have discussed meeting with the property owners, looking at certain trees that need to be saved, having foresters and landscape architects involved, and working through that whole process during design and sharing it with them as it is moved through. Clow said that people often have suggestions that staff has not considered, so if things come up that can be incorporated, staff will do so. Swaim asked how people would be notified of these opportunities for additional meetings. Clow stated that for the EA, there were press releases. Swaim asked about future meetings. Clow said that at this point, she has direct e-mail access to most, if not all, of the property owners. She said she also has phone numbers, and mailings are sent out. Clow said staff would make sure everyone knows about the meetings. She said anyone who cannot attend can meet with staff individually. McMahon said that at the very end of this, City Council will have to approve, and that meeting will be open to the public. Corcoran asked what is done, other than the legal requirement to post these meetings in the newspaper. Clow said that legally, at minimum, a press release and newspaper posting have to be done. She said however, staff sends mailings out to homes. Clow stated that for the EA, almost 2,000 postcards were sent out within the City. Clow said that for the pre- design meeting, that number would shrink down. She said that is because it involves the properties adjacent to the corridor most specifically; it is getting into more detail and people's properties. Ackerson asked how one gets on the distribution list. Clow said there is a sign -up for e-mail notification on the Gateway website. She said they plan to utilize it pretty heavily once this gets into design. Michaud asked if the North Side got the EA postcards. Miklo said that he lives several blocks from this project, and he recalls getting at least two or three postcards in the mail regarding a meeting at Park View Church. Baldridge said his e-mail brought up another topic — Saunders Quarry — that he had not heard mentioned before. Clow showed a photograph taken from the Architectural Historical Intensive HISTORIC PRESERVATION COMMISSION July 25, 2013 Page 5 of 13 Level Survey that was done by Tall Grass Historians in May 2012. She said the photograph highlights the area where the Saunders Quarry is located. Clow said the photographs are circa 1900 and include Terrell Mill. She provided a view from the top of the Quarry, showing the rock outcropping on the bottom of the picture. Clow showed aerial photographs through the years. She said the yellow circle is Terrell Mill, the red circle is the Terrell- Saunders Mansion, and the blue circle is the Englert house. Clow said the Mansion was where Mayflower is now located. Regarding the Quarry, Clow said it was just south of where the Mansion and the mill were. She said one can still see it when driving on Dubuque Street. Clow said there is a road coming down from the private properties just south of Mayflower, and there is a limestone outcropping there, which is what the Quarry is. Michaud asked if the Quarry is now at the intersection Kimball. Clow replied that according to the report and Tallgrass Historians, that corner is not included in the Quarry and was not part of it. She said the Kimball Road intersection is south of the Quarry. Michaud said then the cliff under Bella Vista is not what this refers to. Clow confirmed this. Michaud asked how many feet that particular site at Kimball Road will be raised. Clow said it would be ten to twelve feet. She showed a cross - section. Michaud said that if it is elevated ten to twelve feet, isn't that bluff also where they were talking about Devonian levels and Coralville levels of rock. She said she did not know if that pertains to just the Quarry or also that bluff. Clow said the report states that it was just the Quarry. Michaud asked if, at those two locations, if the intersections are raised, are those exposed rocks going to be left exposed. Clow said they would be left exposed. She showed a cross section of the cliff. Clow said the closest the impact areas would be is approximately 20 feet, so they will not be filling up against that bluff. She said that is the maximum footprint, so they can do different things during final design to minimize how close they get to that. Swaim said she walked that little cliff area. She said there is the cliff, and then it kind of dips down and then rises up, so there is more elevation before one gets to the actual pavement. Swaim asked if that elevation would be sheared off or changed. Clow showed where there is a little bump in the topography. She said they will be tying into that. Clow showed where the grade would be raised and tied into existing. Ackerson asked how high above the 500 - plus -one level Kimball is being raised. Clow said that right now it is being shown at the 500 - plus -one; it would be at the same elevation as Dubuque Street to maintain traffic. She said that is not required to be raised by the EA or by federal funding, so it would not have to be. Ackerson asked if any more thought has been given to the ten -foot depth of the Park Road Bridge. Clow said it is something that will be looked into during final design. She said the McCollister Road Bridge is six and one -half feet. Clow said the deck thickness depends on the number of piers in the water. She said that three piers will result in a thinner deck than two piers, because of the support that the three piers would offer. Clow said it also depends on bridge type, which will be discussed with the City Council. She said the type gets into costs. Clow said the renderings show a haunched - girder bridge, which is HISTORIC PRESERVATION COMMISSION July 25, 2013 Page 6 of 13 a typical DOT -type bridge. She said that would be the least expensive. Clow said that there are a few other options that would be more expensive, and those cost breakdowns will be available to present to the City Council. McMahon said the Commission is being asked to rescind its decision. He asked, if the Commission does not rescind it, if a motion is needed at all. McMahon said Swaim has offered some wording for a possible motion that would clarify or add some nuance to the original motion. Miklo stated that there is a spectrum of options. He said the Commission could do nothing and let its original letter stand. Miklo said the Commission could qualify its letter, which is what the language proposed by Swaim would do. He said the Commission could also rescind its letter. Swaim said that rescinding the letter is not giving any specifics. She said it then might cancel out the opportunity to give any comments at all. Baldridge said that in this morning's Press - Citizen, there is a very flattering photograph /drawing of a site around Mayflower and looking to the southwest. He said it is a very benign view of what this project would look like. Baldridge said what he is curious about is a view from, say, where the new Hancher will go, to the east, looking at what the effect is on Dubuque Street in the 800 block. He said it seems to be one of the strong contentions from the people who live on Bella Vista of what that relationship would be. Baldridge said that photograph looks extremely positive. Clow said staff is working on a view from the west side of the bridge, as well as from up north of Foster Road. She said they began working on these renderings before and immediately after the last public hearing. Clow said they did not have specific locations of where interest was, so that is something staff is working on at this time with the consultant. Michaud asked if the drawing view is of Mayflower's driveway. Clow said it is not. She showed Kimball and the drive up to the fraternity house. Michaud said what she noticed about this drawing is that there is a lot of grass, and she does not have the before picture. Clow said that if they put in all the proposed trees, then the drawing wouldn't show the roadway. She said that one of the understandings is that these are renderings, and it is going to change with final design. Clow said that if trees were shown, it would completely block the view of the Park Road intersection. Swaim said that does not mean that trees would not be planted there, and Clow confirmed this. Clow said how these views were developed were where they could get to an elevation that would be above the proposed roadway. She said then there is the before and after rendering from the same location. Michaud said her point is not that there are not trees there. She said her point is that the grass way is leveled, and what used to be there was a steep slope and mature trees. Michaud said that in other words, she has a very difficult time seeing how that doesn't impact the historic structures. Michaud said the construction vehicle has to be sitting adjacent to where the building is, so they are sitting on bare ground, so all that is cleared. She said that more trees will be gone and HISTORIC PRESERVATION COMMISSION July 25, 2013 Page 7 of 13 more denuded hillside will be exposed than is being indicated. Michaud said that is an impact on 1818 North Dubuque and all the intersections. She said that when people went to those workshops two years ago, they did express interest in maintaining the park -like approach to the City, and when they were talking about park -like, they were under the assumption that the trees would be saved, not that the grass in the middle of the median would be cut from the project. Michaud said that people were concerned about the trees and the verticality. She said that input seems to have been disregarded in this plan. Clow said it is very hard to do a large roadway construction project, which this is, without having some sort of impact on adjacent properties, even when the roadway is not being elevated. She said that if the City is resurfacing a road in a neighborhood and redoing sidewalks, which she is currently doing at Rochester, a lot of landscaping has to be removed from adjacent properties to do the necessary work and provide the necessary improvements for the infrastructure. Clow stated that this is a very large project — elevating Dubuque Street. She said that with minimal impact, which staff feels can be done, although trees are shown being removed, there is an understanding that staff has selected a design team it feels will landscape the finished project and replant trees. Clow said that for trees that are larger, they can find ways to work around and do their best to save them. Ackerson said that a recurring theme through this whole thing has been the assurances that the design, which has not been seen yet, will be developed in concert with the people in Iowa City. He said that to the extent that is in fact the way the process plays out, he is very hopeful. Ackerson said the question is, how can the Commission ensure that, or for that matter, does the Historic Preservation Commission have any business trying to dictate to City design teams how they do their work. McMahon said he does not think the Commission can insure that but thinks there is every reason to believe, based on the selection of the people who did the report in the first place and the amount of public involvement that has come up recently, that the property owners are on alert, as is the staff. He said that at some point, the Commission has probably reached the place to move forward with a decision. McMahon said he appreciates Michaud's concerns but does not share them quite to the same level. He stated that for whatever reason, he has a certain amount of faith that, given the opportunities for public involvement. He said the Commission's role is fairly limited, and it is probably time to move forward. McMahon said he is not certain whether the Commission should, as a practical matter, rescind its original decision. He said it seems that the language offered is a little more nuanced and may suggest what Ackerson was getting after, which is the extent to which the Commission can affect the way this process goes forward in the most positive way. Ackerson said that something like this project is, at the minimum, necessary. He said he has lived in this town too many years and has seen what happens when Dubuque Street floods to want to pass up the opportunity to get Dubuque Street fixed so that it is a safe, stable, enduring route. Ackerson said that for that reason, he really wants the project to go forward, but he wants to have some safeguards and insurance in there. HISTORIC PRESERVATION COMMISSION July 25, 2013 Page 8 of 13 Durham said it also seems that the final design process is where public input could affect the project dimensions. He said the Commission can ask questions, but can't obligate anyone to follow. He said the Commission recommend a design process that includes public input, but cannot mandate it; it can suggest and recommend, as the language in the draft makes a bid to do. Swaim asked if the DOT is the final decision maker on this. Clow said it would be the Federal Highway Administration (FHA). Swaim asked how the Federal Highway Administration will look at what the City Council decides in terms of the thickness of the bridge. Clow said the Federal Highway Administration will look at it as a recommendation. She added that when the Office of the State Archaeologist got back to them with its letter, there were recommendations in there as well. Clow said that becomes part of the final document. Swaim asked if any of the entities, ranging from the Commission to OSA to SHPO, can obligate. She said they are asked to recommend but cannot make requirements. Clow responded that the FHA will be watching the process and looking at the final design. Corcoran said it is important that the Commission go on record as, obviously making a decision, and although it can't bind the City to do anything, if the Commission votes to approve this but attach recommendations, it can draft that text to be as strong as possible. McMahon asked how the process would work. He said the Commission has already approved, so it would have to rescind or at least vote to amend what was already sent. Miklo suggested that rather than rescind, the Commission send a follow -up letter. He suggested the proposed language be read to the public. Michaud asked if there could be two different votes. She suggested that some would want to rescind the letter sent last year, and some might want to compromise. Miklo said the Commission should follow Robert's Rules of Order, and there should be a motion put on the table. MOTION: McMahon moved that the Commission amend the August 2012 letter to the Department of Transportation with a follow -up letter, basically using the text that Swaim has prepared. Miklo read the suggested text, "The Historic Preservation Commission finds that the Gateway Project will have no adverse impact on historic structures and that no historic buildings will be touched. However, the Commission acknowledges that there will be grading effects on the perimeter of historic properties and that the full extent of the effects will not be known until the final plans are drawn. The Commission strongly urges that: 1) grading and tree removal on historic properties be minimized, 2) drainage issues at 1818 North Dubuque Street be addressed, and 3) that design methods be considered that would allow a thinner bridge deck, therefore lowering the proposed grade of the Dubuque Street and Park Road intersection. The Commission recommends that the State Historic Preservation Office be apprised as the design evolves." Baldridge said he has difficulty with the use of the term "no adverse impact." Miklo said that refers to buildings. He said the phrase singles out historic structures. HISTORIC PRESERVATION COMMISSION July 25, 2013 Page 9 of 13 Swaim asked if Baldridge would propose different wording. Baldridge said he would substitute the word "minimal" for "no." Durham asked Miklo if it is a material issue whether the building itself is being touched or whether it is the context of the building. Miklo said he thinks that is what the second sentence refers to in that it states that there will be grading effects on the perimeter of historic properties. He added that property refers to land, not just structures. Michaud said she understands that several property owners own the land down to the Dubuque Street pavement. Clow confirmed this, saying they own the land to the back of the curb. Michaud asked if they will then be losing the use of some of their property or if the City will be claiming some of it. Clow said the proposed curb is three to four feet toward the river from where the existing is. She said the proposed eight -foot walk ends up a foot or two to the east of the existing six -foot walk. Clow said that in this area, they are very squeezed between the river and the bluff. She said that is one of the reasons the retaining wall is there — to give a little bit of extra room so that the roadway can be slid away from the properties and give room for the sidewalk. Michaud asked if there is something wrong with the present six -foot sidewalk right now and said she thought it is new. Clow said that can be discussed during final design. She said they show an eight -foot clear space behind the curb and an eight -foot sidewalk. Clow said those both could go down to six feet, resulting in a four -foot savings. She said that based on the amount of foot and bike traffic in this area, it is recommended that this go to a multi -use eight -foot sidewalk. Ackerson said the percentages of acreage that are indicated in the report are minimal. Clow said the City won't be acquiring any right -of -way. She added that they will have temporary construction easements, and then it is anticipated that the proposed sidewalk will still fall within the existing easement that is currently there for the six -foot sidewalk. Michaud said a compromise would be to have the eight feet on the side that does not affect the property owners. Clow said the Iowa River Trail on the other side is a ten -foot trail. Michaud said it seems like that would cover it. Clow said they are trying to minimize students crossing where there are not lights and trying to move them to a signalized intersection where it is safer. Corcoran said she would like to add some language to this, because she believes it is important to state who the Commission wants to do these things. She suggested language such as, "grading and tree removal on historic properties be minimized by the City of Iowa City," meaning the Engineering Division and any other agencies within the City that will have a part in the development of the plan. Michaud asked if that is effective language or if it is really the DOT or something else. Clow answered that it is the City that will be making the design decisions. Corcoran therefore suggested that the language in the motion change in the third and fourth sentences to read, "The Commission strongly urges that 1) grading and tree removal on historic properties be minimized in the plan developed by the Engineering Division of the City of Iowa City, 2) that the Division also address drainage issues at 1818 North Dubuque, and 3) that design methods be considered that would allow a thinner bridge deck, therefore lowering the HISTORIC PRESERVATION COMMISSION July 25, 2013 Page 10 of 13 height of the bridge deck and the proposed grade of the Dubuque Street and Park Road intersection. The Commission recommends that the State Historic Preservation Office be apprised as the design evolves." Corcoran asked what a thinner bridge deck would actually mean. Swaim said she believes there would be a ten -foot thick deck, which is what the pavement is resting on. She said that would depend on the final design and where and how many piers there are. Swaim said the City still wants it to be X number of feet above the water level; we don't really want it lower but want it thinner. Clow said that what is being proposed with the Environmental Assessment is that the bottom steel structure of the bridge be placed at the 500 - plus -one elevation, so that the 500 -year flow could be passed under the bridge. She said therefore from the bottom steel to the top of the bridge deck is the thickness. Clow said that what is in the EA is ten feet, but it is very likely that that number will lower, which would result in lowering the Park Road /Dubuque Street intersection and also the roadway fronting Bella Vista. She said the bottom steel would stay the same. Corcoran proposed to change the third recommendation to read, "that design methods be adopted that would allow a thinner bridge deck, therefore lowering the proposed grade of the Dubuque Street and Park Road intersection." She asked if it is just the grade or is it also the height. Clow said it is the same. McMahon accepted the changes to the wording of the motion, as proposed by Corcoran. Michaud asked what the bridge deck thickness is right now. Clow did not know but thought it was around seven and one -half or eight. Michaud asked if it meets different standards now. Clow said she is not a structural engineer but is a civil engineer, so she is more equipped to discuss pavement and the utilities. She said, however, that the structural design all plays into it. Clow said it is the bridge type. She said that if an extra ten million dollars were available, the City could build a cable- stayed bridge and have a four- to five -foot bridge deck thickness. Clow said that some sort of deck arch bridge would call for deck thickness of around eight feet. Clow said the renderings show three piers, which gives more support from underneath, which is what holds the road up. She said the bridge deck would therefore be less thick with the three bridge piers than with two. Clow said then there are also material considerations and construction; she said there is a lot that goes into it that will be worked through in design that she is not equipped to explain. Corcoran asked to add to the last sentence of the motion: "The Commission recommends that the State Historic Preservation Office be apprised by the Engineering Division of the City of Iowa City as the design evolves." McMahon accepted the additional changes to the wording of the motion. Corcoran seconded the motion. Corcoran read the wording for the proposed motion, changing the wording of the first sentence to read "The Historic Preservation Commission finds that the Gateway Project will have minimal adverse impact on historic structures." McMahon said he had not accepted the change in the HISTORIC PRESERVATION COMMISSION July 25, 2013 Page 11 of 13 wording from "no adverse effect," because it is referring specifically to the structures, and he did not think it has been found to have an effect. He asked for opinions. Durham said that is why there are two sections, with one about buildings and one about grading. The motion was read as providing a follow -up letter to the Department of Transportation with the language, "The Historic Preservation Commission finds that the Gateway Project will have no adverse impact on historic structures and that no historic buildings will be touched. However, the Commission acknowledges that there will be grading effects on the perimeter of historic properties and that the full extent of the effects will not be known until the final plans are drawn. The Commission strongly recommends that: 1) grading and tree removal on historic properties be minimized by the Engineering Division of the City of Iowa City, 2) drainage issues at 1818 North Dubuque Street be addressed by the Engineering Division, and 3) that design methods be adopted that would allow a thinner bridge deck, therefore lowering the proposed grade of the Dubuque Street and Park Road intersection. The Commission recommends that the State Historic Preservation Office be apprised by the Engineering Division of the City of Iowa City as the design evolves." Michaud asked if McMahon means to say that there will be no adverse impact on the historic structures. McMahon said he is not ensuring that for all time, but he is saying that he accepts the report and accepts the previous letter to that effect. Michaud said that the Commission is then dropping the word minimal. McMahon confirmed this and said he does not think that language adds anything to the motion. Corcoran asked, if this is the motion, then would the Commission send another letter containing this wording. Ackerson said the motion is that the Commission send this letter. McMahon added that his sense is that this is a strong letter that pretty much encompasses the sense of things, which is that the Commission is not rescinding its original letter but is expressing its concerns. He said that as the language amendments make clear, the Commission is trying to ensure as much as possible that the process will go in the way it wants it to. Michaud said that if the Commission wants this to be a strong letter, it should lose the passive voice and say that, "The Iowa City Engineering Division would minimize grading and tree removal on historic properties and that the Engineering Division of the City would address, or, adopt the design methods, " so that they are more responsible for communicating on this in all ways. She said they are responsible; it is not like this passive voice. Ackerson said they don't answer to the Historic Preservation Commission. Michaud and Corcoran agreed. McMahon said he thinks the language has been amended appropriately, and at some point, the Commission needs to move on. Baker said the DOT has the first letter, and that is the letter of record. She asked Miklo, if the Commission sends a second letter, does the DOT even need to pay attention to the second letter. Miklo said he believes they would. He said the process might be similar to last time in that the new letter would include an introduction stating that there was a meeting, the Commission had sent a previous letter, the Commission had a request to review that by citizens, the Commission had a second meeting, and this is the Commission's new statement. HISTORIC PRESERVATION COMMISSION July 25, 2013 Page 12 of 13 Swaim said that would give a background and bring the action up to date to reflect the motion. Miklo said he believes the second letter would be as strong as the first one and would have as much weight with SHPO and the DOT. Corcoran said that was behind her earlier question. She said, depending on the outcome of the vote, the Commission might want to consider a second motion authorizing Swaim to draft a new letter giving the context in which the Commission has made these new findings. The motion carried on a vote of 7 -1, with Michaud voting no and Wagner abstaining (Litton and Thomann absent). MOTION: Corcoran moved that the Commission authorize Swaim to draft, sign, and send a letter to the Iowa Department of Transportation, with a copy to the State Historic Preservation Office, explaining the context in which the Commission has revisited this topic, the reasons why, and also stating the Commission's findings, as contained in the previous motion. McMahon seconded the motion. The motion carried on a vote of 8 -0, with Wagner abstaining (Litton and Thomann absent). Wagner said he has a relative who lives in the Bella Vista neighborhood and has a conflict of interest and is therefore abstaining from the vote. ADJOURNMENT: The meeting was adjourned at 6:20 p.m. Minutes submitted by Anne Schulte Z N U) 0 V Z W N W a v O I- N O V) 0 U z 0 H d W M � U o p 0 N rMl .5a w 0 V ui M e- W Z N Z r„ O N Z W fo 4) CS X W N y a`Q¢ n u u XOW O W Y E (0 6 z n x x x x x o x x x o x x x x x x x o x x o x ti M X X X 0 X X X X co C) X X X X X X O X X X O r X X X X X X X X d' X x X I I X X X X X X M M X X X I I X p X X X X X X X I I X X N O O O O CD W x X X I I X X X X x r x X X I I - X X X X N r W X X X I I X X X X X x x x x I I x o x x x x r M x X X I I X X X N O O O CD LU N X X X I I X X X - X ao X 0 I I X - X X X x cc v 0 0 co v v Lo LO It LO — rn CD rn C) m m 0) o> CD rn m W � N N N N N N N N N N N M M M CO co co M M M co M N ~ W z W 0 W z 9 J z ~ N Z W LL LL 0 ui W Z Q Z = Q Q W W Y V = O Q = a 0 a Q m 0 m 4) CS X W N y a`Q¢ n u u XOW O W Y E (0 6 z n Minutes Human Rights Commission May 21, 2013 — 6 P.M. Emma Harvat Hall (Revised) APPROVED 2WEENNIffn Members Present: Harry Olmstead, Orville Townsend Sr., Joe Coulter, Diane Finnerty, Kim Hanrahan, Dan Tallon. Members Excused: Shams Ghoneim. Staff Present: Stefanie Bowers, Sue Dulek. Recommendations to Council: Yes, but Council action is not needed at this time as further recommendations are forthcoming relating to the same recommendation. See New Business: Amendment to 2 -3 -2 below. Call to Order: Chair Townsend called the meeting to order at 18:05. Consideration of the Minutes of the April 16.2013: Coulter moved to approve minutes, seconded by Hanrahan. Motion passed. 5 -0. (FinnertyAbsent) Public Comment of Items Not on the Aaenda: None. New Business: Amendment to 2 -3 -2 of the Human Rights Ordinance Commissioners approved to recommend proposed amendment G. The Commission will vote on amendment E at the June meeting. Motion passed. 6 -0. Commissioners would like "developmental differences" defined before so approving amendment E. Juneteenth Commissioners voted to contribute to sponsorship in the amount of $275. Juneteenth is an American holiday that commemorates the end of slavery. Old Business: City of Coralville 4`h Fest 2013 Commissioners opted to not participate in the event this year. Human Rights of Persons Incarcerated The Commission requested information from the County that breaks down persons incarcerated by age, gender, race, ethnicity, and disability and immigration status. Olmstead moved to request, seconded by Coulter. Motion passed 6 -0. Finnerty would like for the Commission to think about what they will do with the information once it is received. For consistency Townsend mentioned that the Commission should request what has been asked for by the Ad Hoc Diversity Committee. Bowers noted that those recommendations have been given to staff and that staff will report on those recommendations to the City Council in June. The City Council has not discussed the recommendations further than asking staff to take a look at each one. Old Business: Iowa City Pride 2013 Commissioners Olmstead, Coulter and Townsend will staff the vendor table at the event. Bowers will supply postcards announcing the vacancy on the Commission. Olmstead 12 — 2 pm, Coulter 12 — 5 pm, Townsend 2 -3 pm. Updates & Reports: Fair Housing Olmstead reported on the great turn out for the April fair housing training. Youth Awards Tallon asked that information relating to the youth ally award be sent to recipients of 2013 to solicit nominations. Townsend asked that Commissioners email any ideas that they have for next year's event to Bowers. Proclamations No report. SEATS Olmstead mentioned that City Council member Dickens spoke recently about the program and stated that he felt that the Sunday service and door to door service would remain the same but that the half price fares would be eliminated. Olmstead encouraged all Commissioners to contact Council members to protest eliminating half price fares. Education Subcommittee Finnerty reported that she has been in contact with School Board Member Swisher and that a meeting will take place in the near future. The subcommittee will reach out to former Commissioner Jessie Harper to see if he is still able to participate. Immigration Subcommittee Hanrahan mentioned that meetings have taken place and that she hopes to be more active in the fourth quarter. Finnerty spoke on the numerous immigration groups that have been created in the community and the fabulous work of each. At this time, the Commission will keep their focus on the municipal ID recommendation to the Council. Hanrahan inquired about the City's progress with the recommendations given to the Council in December of 2012. Bowers said that as noted in the memorandum from Assistant to the City Manager Geoff Fruin the recommendations are being considered as part of the remodeling of the Washington Street entrance to City Hall. In addition, Bowers said she would continue to update the Commission as information is received. Ad Hoc Diversity Committee Townsend stated that the City Manager attended most of the Ad Hoc Committee meetings and he (Townsend) was surprised that the City Manager allowed this to move forward, considering the fact that the committee (Ad Hoc) was definitely not in favor of it. 2 Building Communities The committee held a meeting at the end of April and has since split into two subgroups, one focusing on education and the other on housing. University of Iowa Center for Human Rights Olmstead noted that Professor of Law Adrien Wing will now head the Center and that Amy Weismann will remain as the Deputy Director. The Center will have two locations, one where it currently is located and one at the law school. Commission Finnerty requested that the Commission set aside time at the June meeting to discuss priorities. Specifically discussing 1) how to address inequalities, 2) where energy should be focused, and 3) how to track initiatives. In addition, Finnerty asked each Commissioner to ask 3 people what role they would like to see the Commission play in the community. Tallon reported that he has mentioned the vacancies on the Commission to several friends and has encouraged them to apply. Staff No report. Adjournment: Motion to adjourn at 19:43. (5 -0) (Olmstead absent) Next Regular Meeting — June 18, 2013 at 18:00. 3 Human Rights Commission ATTENDANCE RECORD YEAR 2012/2013 eetin Date KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting - -- = No longer a member R = Resignation 4 TERM 6/19/ 7/17/ 8/21/ 9/18/ 10/16 11/20 12/18 1/15/ 1/28/ 2/19/ 3/19/ 4/16/ 5/21/ NAME EXP. 12 12 12 12 /12 /12 /12 13 13 13 13 13 13 Diane 1/14/14 X O/E X O/E O/E X X O/E X X X O/E X Finnerty Orville 1/1/14 X X X X X X X X X X x X X Townsend, Sr. Dan Tallon 1/1/14 - - X X X O/E X X X X O/E X X Kim 111115 X X O/E X X X X X X X X O/E X Hanrahan Shams 111115 X X X X O/E X X O/E O/E X X X O/E Ghoneim Jessie 111115 O/E X X O/E X O/E X X X X X R R Harper Katie 1/1/16 - - - - - - - X X X X X R Anthony Joe D. 1/1/16 - - - - - - - X X X X X X Coulter Harry 1/1/16 X X X X X X X X X X X X X Olmstead Connie Goeb 1/1/13 O/E X X X X X X - - - - - - Howard 1/1/13 X O/E X O/E X O/E O/E - - - - - - Cowen David B. 1/1/14 R R R R R R R R R R R R R Brown Henri 1/1/14 R R R R R R R R R R R R R Harper KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting - -- = No longer a member R = Resignation 4 -z CITY OF IOWA CITY 2 1r1'�'t .. u1 , "M MEMORANDUM Date: August 13, 2013 To: Mayor and City Council From: Stefanie Bowers Staff Member of Human Rights Commission Re: Recommendation from Human Rights Commission At their June 18, 2013 meeting the Human Rights Commission made the following recommendations to the City Council: 1) For the City Council to direct the City Manager to more fully implement the recommendation of the equity report section of the Ad Hoc Diversity Committee, which states that the report format and composition shall be developed by the City Manager and consultation with the City Council, the City of Iowa City Human Rights Commission, and any other committees determined by the City Council, and further that we support that it is the City Manager, his job is to oversee the implementation of efforts, and we are very pleased that he is requesting and requiring updates on that. The equity reports are not to assess implementation they are to assess outcomes, and that the Iowa City Human Rights Commission is very interested in the assessment of the outcomes from these efforts. 2) The addition of an exception to 2 -3 -2 Public Accommodation; Exceptions- Developmental Differences between Age Groups. 3) To keep the half fares and the Sunday services for SEATS. Additional action (check one) X No further action needed (Re: Recommendation 1 & 3) Board or Commission is requesting Council direction X Agenda item will be prepared by staff for Council action (Re: Recommendation 2) S:RECform.doc Minutes APPROVED Human Rights Commission June 18, 2013 — 6 P.M. Helling Conference Room Members Present: Harry Olmstead, Orville Townsend Sr., Joe Coulter, Diane Finnerty, Kim Hanrahan, Dan Tallon, Shams Ghoneim. Staff Present: Stefanie Bowers, Sue Dulek. Recommendations to Council: Yes, 3 recommendations. 1) For the City Council to direct the City Manager to more fully implement the recommendation of the equity report section of the Ad Hoc Diversity Committee, which states that the report format and composition shall be developed by the City Manager and consultation with the City Council, the City of Iowa City Human Rights Commission, and any other committees determined by the City Council, and further that we support that it is the City Manager, his job is to oversee the implementation of efforts, and we are very pleased that he is requesting and requiring updates on that. The equity reports are not to assess implementation they are to assess outcomes, and that the Iowa City Human Rights Commission is very interested in the assessment of the outcomes from these efforts. 2) The addition of an exception to 2 -3 -2 Public Accommodation; Exceptions- Developmental Differences between Age Groups. 3) To keep the half fares and the Sunday services for SEATS. Call to Order: Vice Chair Olmstead called the meeting to order at 18:05. Consideration of the Minutes of the May 21, 2013: Coulter moved to approve minutes, seconded by Hanrahan.Motion passed. 5 -0. (Townsend & Ghoneim Absent) Public Comment of Items Not on the Aeenda: None. Amendment to 2 -3 -2 of the Human Rights Ordinance Commissioners approved to recommend proposed amendment E. Moved by Finnerty, seconded by Ghoneim. Motion passed 6 -0. (Townsend absent) Motion to adjourn to 6:30 pm. Moved by Finnerty, seconded by Hanrahan. Motion passed 6 -0. (Townsend absent) Human Rights Breakfast The upcoming breakfast is on Thursday, October 24, 2013. Finnerty would like to see the breakfast be re- energized and brought back to its former status. Finnerty made a motion to form a subcommittee to look at the revitalization of the Human Rights Breakfast. Moved by Finnerty, seconded by Hanrahan. Motion passed 5 -0. (Townsend & Coulter absent). Subcommittee will be Hanrahan, Finnerty and Olmstead. Scope Priorities of the Commission Finnerty discussed the goals and actions that the Commission takes and she would like to see the Commission take a stronger stance in the community. She also added that she would like conversation among the Commission members to look at strategic ways changes could be made to the purpose and work the Commission does. Coulter believes that the Commission needs to be more involved in advising the City Council and City Manager in issues of Human Rights. Finnerty proposed the following motion: that the Iowa City Human Rights Commission request of the City Council that they direct the City Manager to more fully implement the recommendation of the equity report section of the Ad Hoc Diversity Committee, which states that the report format and composition shall be developed by the City Manager and consultation with the City Council, the City of Iowa City Human Rights Commission, and any other committees determined by the City Council, and further that the Commission supports that it is the City Manager, his job is to oversee the implementation of efforts, and we are very pleased that he is requesting and requiring updates on that. The equity reports are not to assess implementation they are to assess outcomes, and that the Iowa City Human Rights Commission is very interested in the assessment of the outcomes from these efforts. Moved by Finnerty, second by Coulter. Motion passed 6 -0. (Townsend absent) Finnerty added that she is interested in how the other City Commissions work that seem to be more effective in terms of being heard than our Commission is, or to be more influential and Hanrahan agreed. Coulter feels that the Commission may need a more formal protocol on conducting business on specific issues. Ghoneim would like to see invitations to a Commission meeting extended to the City Manager, and the Police Chief. Coulter proposed a motion that we request of our director to collect information about the operations of other commissions and boards with respect to Human Rights, seconded by Tallon. Motion passed 7 -0. Human Rights of Persons Incarcerated Ghoneim asked for input from any Commissioners that visited the jail or spoke to inmates. Ghoneim feels strongly that the living conditions, policies of moving inmates to other jails due to crowding and away from their support system, etc. must be changed, but she is not sure how to address the problem. Discussion continued focusing on disproportionate arrests of minorities in the population and profiling. Ghoneim pointed out that she doesn't want to be at odds with the police force, but educating them and making it a joint effort to produce change. Updates & Reports: Iowa City Pride 2013 Coulter reported that the event went well and was enjoyed. SEATS Olmstead reported that a tentative contract has been made with Johnson County for Sunday services and half fare service for those that live at or below the poverty level. He explained that a tentative contract was given because they would like public hearings on both issues. Olmstead made a motion for the Commission to make a recommendation to encourage them to keep the half fares and the Sunday services. Moved by Olmstead, seconded by Tallon. Motion passed 6 -0. (Townsend absent) Education Subcommittee No report. Immigrant Subcommittee No report. 2 Ad Hoc Diversity Committee Coulter reported that the Ad Hoc Diversity Committee should be asked to comment on the staff recommendations. He added that pending further information regarding Council action on the Ad Hoc Diversity Committee, that the Human Rights Commission could offer comments on the staff recommendations. Building Communities No report. University of Iowa Center for Human Rights No report. Commission Hanrahan reported on her Civil Rights tour with Fas Trac. Finnerty wondered about the recreation divisions plans to begin requiring an ID and a fee to access services and whether it will have a disparate impact. Bowers will follow up. Staff Bowers mentioned that it is a good idea for Commissioners to set up detailed plans for initiatives. Adjournment: Motion to adjourn at 19:50. (5 -0) (Olmstead & Townsend absent) Next Regular Meeting — July 16, 2013 at 18:00. 3 Human Rights Commission ATTENDANCE RECORD YEAR 2012/2013 (Meeting Date) NAME TERM EXP. 7/17/1 2 8/21/1 2 9/18/1 2 10/16/ 12 11/20/ 12 12/18/ 12 111511 3 1/28/1 3 2/19/1 3 3/19/ 13 4/16/1 3 5/21/1 3 6/18/1 3 Diane Finnerty 1/14/14 O/E X O/E O/E X X O/E X X X O/E X X Orville Townsend, Sr. 1/1/14 X X X X X X X X X x X X X Dan Tallon 1/1/14 - X X X O/E X X X X O/E X X X Kim Hanrahan 111115 X O/E X X X X X X X X O/E X X Shams Ghoneim 111115 X X X O/E X X O/E O/E X X X O/E X Jessie Harper 111115 X X O/E X O/E X X X X X R R R Katie Anthony 1/1/16 - - - - - - X X X X X R R Joe D. Coulter 1/1/16 - - - - - - X X X X X X X Harry Olmstead 1/1/16 X X X X X X X X X X X X X Connie Goeb 1/1/13 X X X X X X - - - - - - - Howard Cowen 1/1/13 O/E X O/E X O/E O/E - - - - - - - David B. Brown 1/l/14 R R R R R R R R R R R R R Henri Harper 1/1/14 R R R R R R R R R R R R R KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = No longer a member R = Resignation