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HomeMy WebLinkAbout2006-07-18 Bd Comm minutes MINUTES row A CITY TELECOMMUNICATIONS COMMISSION MONDAY, MARCH 27, 2006--5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY I ~~ffi.. FINAL MEMBERS PRESENT: Gary Hagen, Saul Mekies, Michael Christians, John Weatherson MEMBERS ABSENT: James Ehrmann STAFF PRESENT: Drew Shaffer, Mike Brau, Bob Hardy, Dale Helling OTHERS PRESENT: Josh Goding, Beth Fisher, Susan Rogusky, Kevin Hoyland, Lee Grassley RECOMMENDATIONS TO CITY COUNCIL The Commission voted to recommend to the City Council that they approve the contract with PATV. SUMMARY OF DISCUSSION Grassley said that the state cable franchising legislation, which is not City friendly, is still viable in the House. The Senate appears to be waiting to see if a compromise will come out of the House before it acts. For the most part it appears Senate democrats are opposed to the bill. Hagen asked about the $20 cost to install new traps to enable a larger basic tier. Grassley said that because Iowa City shares the local transport with other local communities that they too would need to agree to have new traps installed. If the traps were to be installed only in Iowa City a separate local transport would need to be built and would cost around $250,000. Given that only 11 % of subscribers have the basic tier only it is not cost effective for the benefit provided tojust those subscribers. Goding reported that PATV continues to offer productions ofPSAs to nonprofit organizations. A chili supper fundraiser will be held at Old Brick March 30 at 5 p.m. Mekies suggested that a letter might be sent to Kirkwood requesting that they respond to the access channel questionnaire. Hagen said that all the access channels are sincere and working their best to produce as much programming as possible. Mekies said access channel quarterly reports rather than monthly reports would be sufficient and that some interpretation would be helpful. Shaffer noted the position paper included in the meeting packet that was developed by the City Cable TV Office for the League of Iowa Cities task force dealing with legislation in the Iowa General Assembly. The proposed telco/cable legislation in Iowa is also being proposed in the federal government and the Federal Communications Commission. In short, telecommunications companies have been seeking to change the law to permit them to get either nation-wide or statewide franchises and not play be the same rules as incumbent cable operators. Theses franchises would severely limit what cities are able to accomplish such as enforce consumer protection provisions and regulate rates. The City filed comments with the FCC on their Notice of Proposed Rulemaking regarding this matter. Shaffer said that he has never seen municipal cable TV authority come under such attack from as many directions in 25 years. ELECTION OF OFFICERS Hagen nominated Mekies for chair. Christians seconded the motion. Mekies was unanimously elected. Christians nominated Hagen for vice-chair. Weatherson seconded the motion. Hagen was unanimously elected vice-chair. APPROVAL OF MINUTES Christians moved and Hagen seconded a motion to approve the February 27,2005 minutes. The corrected minutes were approved unanimously. ANNOUNCEMENTS OF COMMISSIONERS Mekies welcomed John Weatherson to the Commission. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Shaffer will include the complaints received during the last month in next month's report as he had been on vacation during a portion of March. MEDlACOM REPORT Grassley reported that a customer service representative misinterpreted Mediacom policy recently when asking for a social security number for a service call. Social Security numbers are used to identify subscribers in situations involving a change in service. A subscriber had complained about being asked for their Social Security number. There was a break-through in the pending legislation at the federal level. There was a split between republicans and democrats regarding variable rate structures within a franchise area. The cable industry continues to lobby for anti-redlining provisions and build-out requirements. At the state level it is uncertain if a bill will be passed. Mediacom would prefer that no bill be passed but a bill similar to a bill in Virginia is acceptable to Mediacom as a compromise position. Speaker of the House Christopher Rants is the strongest backer of new legislation in the House. The legislation is still viable and remains in its original form. The Senate appears to be waiting to see if a compromise will come out of the House before it acts. For the most part Senate democrats appear to be opposed to the bill as drafted. Hagen asked about the $20 cost to install new traps to enable a larger basic tier. Grassley said that because Iowa City shares the local transport with other local communities that these communities would need to agree to have new traps installed. If the traps were to be installed only in Iowa City a separate local transport would need to be built and would cost around $250,000. Given that only II % of subscribers take the basic tier only it would not be cost effective. Mekies asked about posting a rate schedule on Mediacom's web site. Grassley said he has forwarded this request to his supervisors and will likely have some information for the next meeting. Hardy reported that he has been working on improving the databases used to track programming and productions. Mediacom recently checked on the quality of the signal coming from the City Channel and made some adjustments to improve its quality. Some transmission equipment was also replaced. The Media Unit has been working on a recycling video to help citizens to better utilize the City's recycling program. Nine recycling videos have been cablecast to this point. InfoVision has put the videos on the video on demand offerings. The Community Television Service has 13 scheduled productions over the next two weeks UNIVERSITY OF IOWA REPORT No representative was present. PATV REPORT Goding reported that PATV continues to offer free production ofPSAs to nonprofit organizations. During the last quarter PSAs were made for Cub Scouts of America, the Classy Chassis Cruisers, Habitat for Humanity, Iowa Shares and Pflag. The next Open Channel will be Wednesday, March 29 at 8 p.m. A chili supper fundraiser will be held at Old Brick March 30 at 5 p.m. Suggested donation is $5. A Guidelines Workshop will be offered April 2 at 12 p.m. The next Board meeting will be April 20 at 7 p.m. SENIOR CENTER REPORT Rogusky reported that SCTV now has two editing systems up and running. A program will be produced celebrating the Senior Center's 25. year birthday in September. Also planned is a program recognizing Senior Center Volunteers. IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT Hoyland reported that his work area has been redesigned and should be more efficient. Mekies noted that the questionnaires competed by the access channels are available and can serve as a tool to help the Commission determine how they might be able to assist the access channels improve. LEGAL REPORT No representative was present. LffiRARY REPORT Fisher reported that they advertised for a paid internship to assist with editing and productions. Response has been good. KIRKWOOD REPORT No representative was present. Hagen said Kirkwood is totally unresponsive to the Commission and didn't return a survey. Shaffer said that Kirkwood has not sent a representative for a long time. Kirkwood has chosen not to participate in the Commission's meetings and that is not to their advantage. Kirkwood misses out on knowing what is happening in Iowa City and participating in the Community Television Group. Christians asked what guarantees Kirkwood a channel. Shaffer said that the previous agreement with Heritage Cablevision provided a channel for Kirkwood and that provision was carried through to subsequent 'franchises. Shaffer said Jon Koebrick has informed him that they do not have special relationship with Kirkwood. Christians asked if there was anything in the current franchise agreement that provides a channel for Kirkwood. Shaffer said there is a specific provision providing for a channel for Kirkwood. During discussions when formulating the latest franchise agreement it was decided that because Kirkwood provides distant learning opportunities to Iowa City residents that their continued presence on the system would be a benefit to the community. Christians asked ifit was known how many people in Iowa City make use of Kirkwood's distant learning classes. Shaffer said he did not know. Mekies said that that information will likely be forthcoming from Kirkwood. Christians said that all the other access channels are actively engaged with the Commission to inform them oftheir activities and work with the Commission to make the best possible use ofthe channels. Kirkwood, on the other hand, has not been responsive. Mekies asked if it is possible Kirkwood is unaware that they have sent a representative to Commission meetings in the past. Hagen asked how an access channel would be removed from the system. Helling said that any of the access channels could be 'removed if the City and Mediacom agreed to modify the franchise agreement. Even if the City wished to remove Kirkwood, Mediacom could still continue to carry the channel, but Kirkwood has no separate contractual right to be on the system. Hagen said the Commission has a responsibility to monitor the access channels but is unable to do so with Kirkwood as they are not present at Commission meetings. Mekies said there is no pressing reason to have a representative unless there was some problem with the channel. Weatherson said that it may be ill advised to set a precedent that ifthere isn't ~ problem with the channel that they need not attend Commission meetings. This would compromise the integrity of the Commission. Mekies suggested that a letter might be sent mentioning the questionnaire and requesting that Kirkwood respond to it. Christian asked if any group has come forward over the past few years and requested a channel. Shaffer said no one has requested a channel. MEDIA UNIT REPORT Hardy reported that he has been working on improving the databases used to track City Channel 4 programming and productions. Mediacom recently checked on the quality of the signal coming from the City Channel and made some adjustments to improve its quality. Some transmission equipment was also replaced. The Media Unit as been working on a recycling video to help citizens to better utilize the City's recycling program. Nine recycling videos have been cablecast to date. InfoVision staff has put them on the video 'on demand offerings. The Community Television Service has I3 scheduled productions over the next two weeks. Among the topics are the Iowa City Area Development campaign kick-off, a town hall meeting on underage drinking sponsored by MECCA, the importance of preschools sponsored by Iowa City Empowerment, and short programs directed towards students on how to be a good neighbor sponsored by the Neighborhood Association. Hagen referred to the memo from Hardy regarding programming reports to the Commission. Hagen said a quarterly report would be sufficient. Hardy noted that the statistics vary very little month to month and asked what the Commission's needs are regarding monitoring the activities of the access channels. Hagen said that all the access channels are sincere and working their best to produce as much programming as possible. Mekies said quarterly reports would be sufficient and that some interpretation would be helpful. Hardy said the reports are not a good means to compare channels. Hagen moved to request quarterly reports. Weatherson seconded and the motion passed unanimously. Mekies asked that the channels suggest their report formats and provide interpretations of the data with their quarterly reports. Hagen asked about a second point in Hardy's memo regarding Community Television Group funding criteria. Hardy requested guidelines for the annual funding allocation to CTG members be modified to permit funding of special programs or projects. Hagen suggested that the Commission be provided copies of current policy and discuss the issue at the next meeting. CABLE TV ADMINISTRATOR REPORT Shaffer referred to the document in the meeting packet showing the playback schedule of the PSAs promoting the Avatar Project and thanked Mediacom for their assistance. Shaffer also pointed out a section of an article about Mediacom that appeared in Multichannel News. Mediacom Regional Vice- President Charlie King was quoted as saying: "I truly believe that satellite penetration in Iowa City is below the national average in Iowa City because we have access channels that people use and watch." Shaffer noted the position paper included in the meeting packet that was developed by the City Cable TV Office for the League of Iowa Cities task force dealing with legislation in the Iowa General Assembly. What is happening in Iowa in this regard is also occurring in the federal government and the Federal Communications Commission. In short, telecommunications companies have been seeking to change the law to permit them to get either nationwide or statewide franchises and not play be the same rules as incumbent cable operators. This proposed legislation would severely limit what cities are able to accomplish such as enforcement of consumer protection provisions and regulate rates. The City filed comments with the FCC on their Notice of Proposed Rulemaking regarding this matter. Shaffer said that he has never seen municiplll cable TV authority come under such attack from as many directions in 25 years. P A TV CONTRACT Shaffer reported that the last draft ofthe PAiIV contract was sent to PATV. Goding said PATV is pleased with the draft contract and is ready to sign off on the agreement. Mekies said that the contract has been worked on for months by Helling, Shaffer and himself. Shaffer said he believes it is a good agreement. Christians moved to recommend to the City Council that they approve the contract with PATV. Hagen seconded the motion. The motion passed unanimously. ACCESS CHANNEL OUESTIONAIRE Shaffer asked how the Commission might want to follow-up on the completed questionnaires. Mekies said that the Commission got some good feedback earlier in the meeting. Christians said that he views the questionnaires as working documents that will be utilized as the access channels engage in further monthly discussions with the Commission. CITY CABLE TV BUDGET Shaffer said the City Council's decision to u~e $100,000 in franchise fees to supplement the City general fund is final. Mekies asked Helling if the Council has passed a change in the ordinance to bring policy into compliance with practice. Helling said the I st two readings have passed and one more is needed. Shaffer said that the Council did ask about the size of the budget reserve and he and Helling have had discussions on this matter. WIFI Mekies noted that Marshalltown, not Mason,City as indicated in previous minutes, is developing a citywide Wi-Fi system. WEBSITE UPDATES AND CONSUMER I;NFORMATION Shaffer reported that Mediacom's rate sheet has been added to the City Channel 4 web site and sequencer screens put on InfoVision promote that this information is now available. ADJOURNMENT Weatherson moved and Hagen seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:57 p.m. Respectfully submitted, Drew Shaffer Cable TV Administrator TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD 01/0~/03 to CURRENT Meeting Date Kimberly Saulljlleikes Brett Castillo Terry Smith Jim Pusaek Thrower 6/2/03 x x x x x 7/28/03 x X x x x 8/25/03 X X X X ole 9/22/03 X X X x ole 10/27/03 x X x x ole 11/24/03 x X ole x x 12/15/03 ole ole x x x 112/04 x ole x x x 1/26/04 x x x x x 2/23/04 x ole x ole x 3/22/04 x x x x x 41 26/04 x x x x O/C 5/24/04 x X O/C x x 6/28/04 x x x ole x 7/26/04 ole X x x x 8/26/04 did not meet did not meet did not meet did not meet did not meet 9/27/04 X X X X X 10/25/04 X X 11/04 Did not meet Did not meet Did not meet Did not meet Did not meet X X X X X 12/20/04 1124105 X X X X X 2/28/05 X X X X Garv Haaen 3/8/05 X X X X X 3/25/05 X 0 X X X 4/25/05 x ole X X X 5/23/05 X c> x vacancy X James X x Bebe x Ehrmann Balantyne 6/27/05 X x X X X x Michael Chritians 7/25/05 0 X X X X 9/26/05 0 X X 0 X 10/31/05 X X ole X X 11/28/05 X X X X X 1123106 ole X X 0 X 2.27/06 X X X 0 X 3/27/06 ole X X John X Weaterson X 4/24/06 X X X X X 5/22/06 0 x xlo x x (X) = Present (0) = Absent (O/C) = Absent/Called (Excused) rnr ~ Iqwa qity . ~Pubbc.Llbrary FII'jIAL APPROVED BOARD OF TRUSTEES Minutes 5:00 pm - May 25, 2006 2nd Floor Board Room David VanDusseldorp, President Linzee McCray, Vice President Thomas Dean William Korf Thomas Martin Meredith Rich-Chappell Pat Schnack, Secretary Leon Spies Tom Suter Agenda item 3A Members Present: Tom Dean, William Korf, Linzee McCray, Meredith Rich-Chappell, Pat Schnack, Leon Spies, David VanDusseldorp Members Absent: Tom Martin, Tom Suter Staff Present: Barb Black, Terri, Byers, Maeve Clark, Susan Craig, Heidi Lauritzen, Kara Logsden, Elyse Miller, Patty McCarthy, Call Meeting to Order VanDusseldorp called the meeting to order at 5:00 pm. Public Discussion None. Approval of Minutes A motion was made by Korf and seconde~ by McCray to approve the April 27, 2006 minutes. The motion carried 7-0. Unfinished Business Leased Space. Craig spoke with Hanick this afternoon. H~ showed the space to a furniture store business and another University group has also expressed interest in the basement. Craig and Hanick are both eager to see movement with this space. Construction is moving along in the New York NY Deli space. There have been some issues with venting equipment, but it is hoped that the restaurant will be open soon. Agenda item 3A Page 2 New Business Review of Board Policy #801 - Circulation Policy. This is a regularly scheduled policy review, with proposals to add an overall limit to the number of items borrowers may have at one time, to update language about the types of library cards, and to adjust fine schedules for circulating equipment. The biggest change in this policy is setting the checkout limit to 7S items per borrower. This, is in part, in response to a suggestion from City attorneys and Iowa City Police who assist us in major delinquency situations or when there may be a large monetary loss to the Library. It is believed that this change has the potential to limit losses to the Library and will affect only a few patrons. A motion to approve was made by Dean and seconded by Schnack. Lauritzen explained that the FY07 Strategic Plan calls for implementation of courtesy notices. Craig explained that the issue is that patrons with email will be reminded that they have materials due; overdue notices to patrons through regular mail are not received until they are already overdue. ICPL cannot afford to mail overdue notices to everyone in advance, therefore this service does not treat all patrons equally. Dean felt that email access and free internet email accounts are becoming readily available. McCray noted that patrons can use computers at the Library and email accounts can be set up here. Spies wondered how email notices would be generated. VanDusseldorp wondered if this would utilize additional resources. It was explained that our current Innovative Interfaces system has a module that can automatically perform this function so no additional resources are required. Craig asked Lauritzen to include this information in her cover memo as an FYI for Board members and believes that the existing policy need not be changed to implement this service. Patrons are requesting courtesy notices and Craig believes that many will really like this feature. Board members generally felt this was a great idea. The changes to Policy 801 were approved 7-0. Craig noted that letters are going to University Heights and Hills citizens tomorrow informing them that that they may now use the Library for free. Public Relations. Craig stated that the new Strategic Plan calls for developing a public relations (PR) plan. The ICPL's public relations efforts are decentralized. Each department writes their own press releases, etc. We do not have a coordinated advertising campaign or a unified voice. At a meeting of the nine largest public libraries in Iowa (IUPLA) this week, Craig asked the group how public relations were handled in their facilities. Three of the libraries have a full time public relations/marketing person; one library has a half time person. The ICPL's Development Director position used to perform some PR functions but these were removed when the Development Office Assistant position was downsized. Craig asked the Board if they feel we are doing enough marketing and how successful they feel the marketing is. Craig stated that our newsletter, The Window, is our largest expense. Schnack views it as providing information, not public relations, and feels we do a good job. McCray thought the ads in Go Iowa Cityworked well. Spies believes PR within city services may often be ignored because we are already doing well. He suggested that VanDusseldorp appoint a small committee to discuss the matter further with staff. Spies feels that people in the community would be happy to volunteer to help with PR for the Library. McCray suggested that some University of Iowa departments might provide opportunities for assistance in this area. VanDusseldorp asked Dean to suggest the kinds of questions a team should ask: "Should we do something different? Should it be centralized in some way? Should there be some unified message coming from us or a unified campaign?" McCray asked about whether the newsletter is doing what we want it to do, especially because it is expensive. Craig said she has been thinking about data gathering and having a conversation with staff about where patrons get their information about the library and what is the best way to get information to patrons. A survey given to patrons when they're here is one way. An online survey was suggested by McCray. Spies moved that VanDusseldorp appoint a committee of Board members Agenda item 3A Page 3 and/or staff to investigate how the Library currently communicates with our community and recommend any changes. McCray seconded. The motion to appoint a team to research public relations for ICPL was approved 7-0. Spies, McCray and Dean will represent the Board on this team; Craig will appoint library staff members. VanDusseldorp added that he appreciated the terminology being included in the packet that distinguished marketing from public relations from advertising. Staff Reports Deoartmental Reoorts: Adult SelVices, Circulation SelVices, Information SelVices There was a staff demonstration of eudio on Friday but it is not ready to offer to the public. There is currently no functionality with the Firefox browser, only with Internet Explorer. Craig pointed out the June 20 program with Marilynne Robinson, and the Lolly Eggers talk on her biography of Irving Weber tomorrow night at 6:00 pm. The Library's first Friday evening was brisk: SOO items were checked out in those two hours; 100 unique patrons used the Library; the internet stations were busy, as was the Children's room. The Library is having a prize drawing through June 30 for patrons who use their Library cards during 6:00-8:00 pm on Fridays. McCray likes the take your book on vacation and take a picture initiative. Spies and Clark have been working on the People's Law School programming. Craig believes it will be a great series. Foundation Reoort The annual Friends auction, Building the Collection, raised $41,400, with an additional $4,000 on the way. A new fund raising event will be added next year called Altered Books. This involves taking discarded books and turning them into works of art. These will be auctioned next June. The Foundation Board determined that meeting six times a year was not working well, so it will return to meeting four times each year, with other meetings as needed. Two directors will be reappointed at the next meeting. There will be an ad in tomorrow's Press Citizen thanking all of our sponsors. (The ad is in kind.) Buildina Budaet Uodate No further work has been done on the building budget shared last month. $13,000 worth of electrical work for New York NY Deli was needed to provide them their own electrical service. We made separate panels, and put all of the Library's electric panels in a locked room. This is much better system and we will be able to monitor rental use even though they do not have separate meters. Another incurred expense was moving a high-end air conditioner we already owned that was located in another part of the building to our computer room as a backup. We also need to pay the realtor commission from this budget. McCray wondered whether we paid for the new trees on City Plaza because they look terrible. Susan thinks we have not paid for them but she will check on it. State Lea islative Reoort Craig included this to keep the Board members abreast of legislation, etc. that affects the Library. Thanks to Governor and First Lady Vilsack, HF2792 passed, in which the teacher/librarian requirement has been reinstated. Rich-Chappell asked about the opt-out clause. Craig was not sure but speculated that some employees could be grandfathered in. Craig stated that all of our legislators supported this issue and it is a very important step. In budget areas, Bob Dvorsky was a key figure in getting additional money for libraries. Miscellaneous. Craig included information on internet filters to keep Board members aware of this issue. The study showed that filters still do not work. They block access to information that should not be blocked. We do not use filtering software. Agenda item 3A Page 4 President's Report None. Announcements from Members Korf reminded everyone that Live from Lincoln Center's 30th Anniversary show is on IPTV tonight at 7:00 pm. Rich-Chappell visited the new Des Moines Public Library and feels that it is a great addition to the downtown area and is a huge improvement over the old central library. Dean visited the LeClaire Community Library to give a book talk on Black Eagle Child by Ray A. Young Bear. Committee Reports Foundation Members Included in report. Director Evaluation Rich-Chappell has a draft of the Director's evaluation report. A meeting will be set up in the first week of June with Craig to go over the document. The Director's evaluation is on the June agenda and will be a closed session. Communications None. Schnack excused herself from the meeting at 6:00 pm. Disbursements Visa Expenditures for April 2006 were reviewed. A motion was made by Korf and seconded by Rich-Chappell to approve disbursements for April 2006. The motion carried with a vote of 6-0. Set Agenda Order for June Meeting Leased space update Meet as members of Friends Foundation Director evaluation Board member update Adjournment A motion was made by Spies and seconded by Rich-Chappell to adjourn the meeting. The motion passed with a vote of 6-0. The meeting was adjourned at 6:07 pm. Respectfully submitted, Elyse Miller Board or Commission: ICPL Board of Trustees ATTENDANCE RECORD CALENDAR YEAR 2006 I I Meetina.Date Name Term 1/26/06 2/23/06 3/30/06 4/27/06 5/25/06 6/22/06 7/27/06 8/24/06 9/28/06 10/26/06 11 /16/06 12/28/06 , Exp ! Thomas Dean 7/01/09 X X OlE X X X I Bill Korf 7/01/09 X X X X X X Tom Martin 6/30/11 X X X X OlE X I Linzee McCray 7/01/09 X OlE X X X X Meredith 6/30/11 X X X OlE X OlE Rich-Chappel Pat Schnack 7/01/07 X X OlE OlE X OlE Leon Spies 6/30/11 X X X OlE X X Tom Suter 7/01/07 0 0 0 0 0 res David 7/01/07 OlE X X X X X VanDusseldorp KEY: X = Present o = Absent OlE = Absent/Excused NM = No meeting MINUTES lOW A CITY HUMAN RlGHTS COMMISSION TUESDAY, APRlL 25, 2006 LOBBY CONFERENCE ROOM, CITY HALL FINAL I][ Members Present: Lisa Beckmann, GeoffWilming, Scott King, Beverly Witwer, Sara Baird, Martha Lubaroff. Members Absent: Paul Retish, Sehee Foss, Kate Karacay. Staff Present: Stefanie Bowers. Others Present: Keith Ruff, Kartie Kalemba, Tracy Fa1comata. Call to Order Beckmann called the meeting to order at 7:06 p.m. Consideration of the Minutes of the Februarv 28. 2006 Meeting MOTION: Witwer moved to accept the minutes as submitted, and King seconded. The motion passed on a vote of 6-0. Recommendations to Council There was no discussion. Presentation of Transoortation Issues Keith Ruff (Evert Conner Center) and Tracy Fa1comata discussed an assistive living center that is being developed in North Liberty. The age range is 18-65. The facility is scheduled to open summer 2007. Ruff's concern is North Liberty has no transit system and it will be hard for residents of the facility to travel freely. Ruff is concerned that the residents will not be independent because of the lack of transportation. Many of the residents will have full time jobs and go to college and the lack of transportation will be problematic for most residents of the facility. Tracy Fa1comata who works for Burns and Burns a developing fIrm that specializes in affordable housing stated that the residence Ruff is referring to is being developed by Harmony a entity owned by Jesse Bums. It will contain 30 units targeted for persons with disabilities and the elderly. It will be located on North Front Street across from South Slope. Beckmann wanted more information on what Burns and Burns has done to address the issue with the City of North Liberty. Falcomata believed that Mayor Franker is aware of the issue and is trying to push for coordination between North Liberty, Iowa City and Cedar Rapids. Wilming mentioned a bus service offered in Washington County that may serve as a model for other counties trying to set up a county wide bus system. Beckmann suggested the developers (Board of Directors) implement a task force and have a few of the Commissioners placed on the task force. The hope is that the facility could apply for federal grants to provide private transportation for the residents of the facility until the various City Governments work out a more universal transit system for Johnson County. This item will be on the June Agenda. Iowa City Pride Festival Bowers asked for volunteers to sit at the table on Saturday, June 17. The event runs from 12-5. Sara volunteered to sit at the table 12- 2; Scott 2-4 and Beckmann will fIll in any gaps. This item will be on the May Agenda. Youth A wards Beckmann commented on the quality of the nominations for this year's event. Beckmann and Lubaroffvolunteered to arrive early and help with set up. Beckmann also mentioned that this year there will be assigned seats and she will need Commissioners to help get kids in their proper seats and also to guide the rows. Beckmann added there would be refreshments served in the gallery and the entry way at the Englert Theatre after the Ceremony. King mentioned in future years to give the youth name tags with their seating location written on the name tag or Lubaroffthought giving out tickets with the seat location may be a good idea in future Ceremonies. Relational Al!l!ression Witwer attended a Relational Aggression event at Wickham and thought it was well presented. Witwer also mentioned that Wagner and Balvanz were free agents and could participate in a Commission sponsored event, she was thinking in August or September. Bowers thought the Iowa City Public Library would be a good place to hold the event but felt October may be a better time to sponsor a program because of the Human Rights Breakfast in September. Witwer would check with Wagner and Balvanz to see what time works best for them. This item will be on the May Agenda. Kenneth Cmiel Human Riehts Breakfast Award BeckmalUl stated a sub committee of the Commission would need to be formed soon to select recipients from the list of nominees for the Annual Breakfast. Beckmann also wanted nomination forms by the June meeting so tbat Commissioners could help stuff the envelopes. September I was selected as the nomination deadline. Bowers also stated she had sent letters to Kenneth Cmiel's family and Amy Weisman informing them of the new award and would be doing a press release within the next few weeks. Movie Series Uodate Baird reported on the success of the Lost Boys of Sudan. Baird also mentioned she had previewed Hairkutt a documentary about three friends who try to help another friend fight a 20 year heroin addiction. Baird liked the film and encouraged other Commissioners to watch the film. Beckmann agreed to watch the film within the next few weeks. Bowers reported I'm Still Here: The Truth About Schizophrenia will be shown on July 19th at the Iowa City Public Library Meeting Room A and Hate Crimes will be shown October 25th at the Iowa City Public Library. Calendar Bowers reported that her and Relish had discussed ways of implementing a calendar to the community. Retish thought it would be best to send a letter asking people to check the various interfaith websites to make sure there are no conflicts when scheduling events. Bowers also thought it would be a good idea to include with the letter a magnet or laminated card with the interfaith web sites listed. Handouts for International Non Native Sneakers King discussed the outline for the handout and said the only things left to do would be to divide up the topics and start writing. King didn't think there would be a lot of writing involved but really a gathering of information and placing it in a booklet. King is very excited about the project. Read Cases Commissioners read one case where no probable cause was found. Reverts of Conunissioners Kine mentioned a University oflowa announcement that said they would hire a Director for the Office of Equal Opportunity and Diversity. It will be a 2-3 year appointment from the faculty. King also will be a moderator in a program on international Gay and Lesbian issues called Out in the World: What it is like to be Gay or Lesbian in a non u.s. culture. Wilming reported that Quality Care had hired two stellar employees from interviewing them at the Building Blocks Job Fair and really felt the event was a huge success. Baird reported on her experience of being a facilitator at the Race, Privilege and Cultural Competence Conference held earlier in the month. Baird really enjoyed the event and looks forward to participating in the event in the future. Baird also mentioned she would be attending the White Privilege Conference in St. Louis April 28th and would let Commissioners know how the event went. Baird also expressed her desire for the Commission to set up Listening Posts once a month or once every two months at various locations around the City like the Senior Center, the Recreational Centers and Neighborhood Centers to allow the conununity an opportunity to meet with Conunissioners and express any ideas and/or problems they may be experiencing. This item will be on the June Agenda. Witwer mentioned the One Book-One Community Johnson County reads has selected Tortilla Curtain as this year's book. Witwer also mentioned an exhibit at the University of Iowa Hospitals and Clinics featuring a photo exhibit of child labor around the world. Status of Cases Bowers updated Commissioners on the status of cases. Adiourmnent There being no further business to come before the Commission, Beckmann moved to adjourn. Lubaroff seconded and the meeting was adjourned at 8:44 p.m 2 Board or Commission: Human Rights ATTENDANCE RECORD YEAR 2006 {Meetin Date TERM NAME EXP. 1/24 2/28 3/28 4/25 5/23 6/27 7/25 8/22 9/26 10/24 11/28 12/26 12/27 Lisa Beckmann 1/1/07 X X X X Paul Relish 1/1/07 OlE X X OlE GeoffWilming 1/1/07 X X X X Sara Baird 1/1/08 X X X X Bev Witwer 1/1/08 X X X X Scott King 1/1/08 X X X X Martha 1/1/09 X X X X Lubaroff Sehee Foss 1/1/09 X X X OlE Kate Karacay 1/1/09 X X X OlE KEY: x = Present o = Absent OlE = Absent/Excused NM = No meeting --- = Not a Member NMNQ - No meeting, no quorum 3 IJ:[ MINUTES City ofIowa City Civil Service Commission June 23, 2006 - 8:15AM Lobby Conference Room - City Hall Call to Order: Meeting called to order at 8:25AM. Members Present: Lyra Dickerson, Dorothy Maher Members Absent: William Cook Staff Present: Sylvia Mejia, Karen Jennings Others Present: None Recommendations to Council (become effective only after separate Council action): None Approval of Minutes/Consent Calendar: First item of business was entry-level Firefighter testing. Mejia summarized the recruitment and testing process that had been outlined to the Civil Service Commission in a memo. The testing process includes written exam, physical agility test, and interview with a panel composed of Fire Command staff and Human Resources staff, and reference checks. Mejia also noted that all applicants would be given the opportunity to attend practice sessions prior to the weekend of the test where they will have an opportunity to try the various stations of the physical agility test. Dickerson moved to accept the process as outlined, Maher seconded, and motion was approved unanimously. There was no old or new business. Maher moved to adjourn, Dickerson seconded and meeting was adjourned at 8:37AM. Board/Commission: Civil Service Commission ATTENDANCE RECORD YEAR 2006 (Meeting Date) NAME TERM 02/09/06 3/22/2006 5/26/2006 6/7/2006 6/23/2006 EXPIRES Lyra Dickerson 4/5/10 X OlE X X X Dorothy Maher 4/7/08 X X X X X Bill Cook 4/6/09 X X X X OlE KEY: X = Present 0 = Absent OlE - Absent/Excused NM - No Meeting I --- = Not a Member I MINUTES IOWA CI1Y PUBLIC ART ADVISORY COMMITTEE THURSDAY, JUNE 1, 2006 LOBBY CONFERENCE ROOM, CI1Y HALL APPROVED 7-06-06~ Members Present: Emily Carter-Walsh, Charles Felling, Rick Fosse, Mark Seabold, Terry Trueblood, DaLayne Williamson Members Absent: Emily Martin Staff Present: Karin Franklin Others Present: NONE CALL TO ORDER Seabold called the meeting to order at 3:37 PM. RECOMMENDATIONS TO COUNCIL: Acceptance of the sculpture proposed by Mark NeuCollins for placement on the Peninsula Sculptor's Showcase for 2006-2007 by a vote of 6-0. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA Felling said that someone addressed him about the Art in the Park program and was especially interested in the Angel sculpture from City Park. Franklin said that the piece is not considered public art, but a memorial donated by an organization that approached the Parks and Recreations Commission. She added that there was a lot of discussion about it concentrated around the issue of religious connotations. Seabold asked if there were any submissions for the recognition for art not on public spaces. Franklin said there were none. Seabold passed out copies of Glimpse, the map of public art he had developed for Arts Fest. CONSIDERATION OF THE MINUTES OF THE APRIL 6. 2006 MEETING Seabold said that the name of the public sculpture mentioned in the minutes should be A Muse instead of The Muse, noting the name was changed by the artist after the meeting. Franklin indicated she would make an editorial note. MOTION: Walsh moved to accept the minutes as amended. Fosse seconded the motion. The motion passed on a vote of 6:0. CONSIDERATION OF SCULPTURE PROPOSAL FOR THE PENINSULA SCULPTORS' SHOWCASE. Mark NeuCollins. a graduate student MFA candidate in Info-Media Art at the University of Iowa, said that he came up with a sculpture representative of the nature around the proposed location of the sculpture which is prairie grass and wind. He said he made a model and 8 concept drawings of his idea, and presented it to the commission. He said the sculpture will be three dimensional bent wood, 10 feet high, with the larger bend towards the walkway. He expected to finish the piece by September. Carter-Walsh commented she felt the piece was graceful with good flow and gesture. Fosse indicated he like the piece also and asked if the components will be strong enough for people to sit on. NeuCollins said that there should be no problem in this regard. Seabold asked how the sculpture would connect to the base. NeuCollins said his basic idea is to use a bolt with a socket, but he still needs to determine how to incorporate that in the final product. Seabold asked if the wood used as raw material would be stained and visible. NeuCollins said he was thinking of a painted gloss finish impervious to weather, and therefore the wood would not be recognizable. Carter-Walsh said she liked the abstract quality in the natural landscape. Felling pointed out the oriental styling, similar to calligraphy. Public Art Advisory Committee Minutes June 1, 2006 Page 2 Williamson said that it is a good design because it does not have a lot of surface area easily prone to vandalism. MOTION: Williamson moved to recommend to the Council that the proposed sculpture be installed in the Peninsula Sculptor's Showcase. Carter-Walsh seconded the motion. The motion passed on a vote of 6:0. REVIEW OBJECTIVES FOR FY07 Franklin said that she included the goals for the current fiscal year to look at what was accomplished and what the focus for the next 6 months should be. She noted that the goal of surveying the community about the public art has not been pursued. Williamson asked what they are trying to find out through the survey. Carter-Walsh said they have jumped from the centralized downtown art to more dispersed neighborhood art pieces and it would be good to know if it affects people at a day by day level. Franklin said the program started with downtown public art, and moved to neighborhoods and then parks. Carter-Walsh said that the outdoor sculptures might be attractive to populations that might not be interested in going to museums. She said that it would be good to know who is seeing the art and what they think. Fosse said that the public's view of the importance of public art could be observed through the survey. He said the commission is trying to expose the art to everybody, and some might not consider it as an important part of their life. He noted that the opinions now could than be compared with the future progress to determine progress In perceptions. Felling added a comment from Nancy Purington who said the public art is like a gailery. Franklin said Purington has been interested in the City supporting an art gallery, and the issue has been one of cost and space. Seabold asked if the commission is still interested in doing the survey. The commission agreed to pursue further the survey. Franklin said they could do a survey online, but it would not be interactive. Williamson said that it would have been good to have the survey ready to go at the end of the week. Franklin said that the speed of the survey is not going to affect the work of the commission. She added that the survey could be administered online and a flyer advertising the survey could be included in the utility bill, and therefore reach more of the city population. She added that if the survey will be administered using multiple answering opportunities the information could not be interpreted statistically, but would just inform the commission about the perceptions of the public. Carter-Walsh said {hat comments will be as valuable as statistics. Franklin said that an outline of questions and how it will be distributed will be presented at future meetings. Franklin said that another item would be printing and publishing the inventory of public art. In addition, she said, another FY06 goal was to evaluate and solicit various alternative funding sources to increase program revenue. Fosse asked if the public can make donations for the public art program. Franklin said the City of Iowa City welcomes any financial donations for the Public Art fund, which are tax deductible. Fosse said they could create public-private partnerships for public art. He added they could recognize those donating to the projects. Carter-Walsh asked if there are any issues of the commission being the solicitor of funds from private entities. Franklin said there should not be any issues in this regard. She added that before pursuing financial support there should be a project proposed that the public could support. Carter-Walsh said that most discussions about sources of funding were about private sources, and she asked if other government sources could also be considered. Franklin said that the State Department of Cultural Affairs would not fund acquisitions but could offer funds for planning for a project and events. 2 Public Art Advisory Committee Minutes June 1, 2006 Page 3 Frankiin said that the update of existing artist database and installation of the Houses of the Northside on area street markers are projects in progress. She noted that the installations of the arch in Benton Hill Park and of the fence and tiles in the Transportation Center have been completed. She noted that most of the goals for FY06 have been achieved. Franklin suggested, as a pubiic awareness strategy, development of an arts "scavenger hunt". The concept would involve the map of public art completed by Seabold with a ciue at each piece leading to the next piece. Williamson suggested some sort of prize at the finish with the sequence of the hunt spelling out Iowa City Public Art, or a similar phrase. The committee decided to pursue this idea further to have in place for Arts Fest 2007. Felling said they should also think about the South Grand Avenue roundabout project and submissions. Franklin said the item will be included on the next agenda to discuss specifics of the project and a Call. COMMITTEE TIME/OTHER BUSINESS/UPDATES Seaboid said the dedication of the Anderson sculpture will be at10 am on Saturday during Arts Fest. ADJOURNMENT The meeting adjourned at 4:40 PM. s:fpcd/minutesJPublicA.rtI2006l06-Q1..()6.doc 3 I I I Public Art Advisory Committee I Attendance Record I 2006 I I Term Name Expires 1/05 2/2 3/2 4/6 6/1 Emilv Carter Walsh 01/01/08 OlE X OlE X X I Charles Fellina 01/01/09 X X X X X I DaLavne Williamson 01/01/09 X X X X X Emilv Martin 01/01/08 X OlE X X OlE Mark Seabold 01/01/07 X X X X X I Rick Fosse X X OlE X X Terrv Trueblood X X X X X Key: X = Present 0 = Absent OlE = AbsenUExcused I I I I i c:: MINUTES PLANNING AND ZONING COMMISSION EMMA J. HARVAT HALL JUNE 15, 2006 APPROVED MEMBERS PRESENT: Beth Koppes, Dean Shannon, Charlie Eastham, Wally Plahutnik MEMBERS EXCUSED: Terry Smith, Ann Freerks, Bob Brooks STAFF PRESENT: Bob Miklo, Drew Westberg, Mitch Behr RECOMMENDATIONS TO CITY COUNCIL: Recommended approval, by a vote of 4-0, REZ06-00014 a rezoning from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone for approximately 1.39-acres of property located at 1820 Boyrum Street subject to a conditional zoning agreement with the following conditions: . the applicant will provide a sidewalk to accommodate increased pedestrian traffic . the applicant will abide by CC-2 site development standards including outdoor storage and display regulations. CALL TO ORDER: Koppes called the meeting to order at 7:30 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. REZONING ITEM: REZ06-00014, discussion of an application submitted by Brian DeCoster for a rezoning from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone for approximately 1.39-acres of property located at 1820 Boyrum Street. Miklo said the applicant had requested the rezoning in order to allow for the construction of a restaurant in the northern part of the building. The general area surrounding the applicant's property was originally zoned M-1 or light industrial. When a new zoning code and map were adopted in 1983, the area had been rezoned to Intensive Commercial (CI-1). In 1994 a large property to west had been rezoned to Community Commercial (CC-2) to allow for construction of the Hy-Vee store. In March, 2006, at Hy-Vee's request, the City had rezoned the remaining CI-1 area west of Boyrum Street to CC-2. The Intensive Commercial (CI-1) zone is a quasi-industrial zone, intended for land intensive businesses but does not allow for eating or drinking establishments. The Community Commercial (CC-2) zone is designed for high-traffic sales-oriented retail. Adjacent properties to the north, east and west are currently zoned CC-2. The South District Plan showed the subject property as CI-1, surrounded by General Commercial. The Comprehensive Plan notes "'minor redevelopment' of the commercial areas surrounding Hwy 6 should occur to better serve the needs of current and emerging residential neighborhoods to the south." In Staffs opinion, the rezoning of the subject property from CI-1 to CC-2 would be a minor redevelopment. Because it is such a small area and because most of the surrounding properties are zoned CC-2 It could be viewed as being generally consistent with the Comprehensive Plan and would not require an amendment to the Comprehensive Plan. If approved, the rezoning would have the potential to increase pedestrian and vehicular traffic on Boyrum Street, a collector street. Increased pedestrian traffic was a concern of the City as the subject property did not have a sidewalk. Staff recommended that as a condition of the rezoning, the applicant be required to install a sidewalk in order to provide a safe environment for pedestrian traffic. Staff had also discussed with the applicant that the current unscreened outdoor storage and display on their property would be non-conforming in a CC-2 zone. The applicant had indicated some concern regarding the expense of installing landscaping or screening to become Code compliant. At minimum, a low-growing hedge Planning and Zoning Commission Minutes June 15, 2006 Page 2 would be required as screening for display of items in front of the building and more intensive landscaping is required for outdoor storage. Staff recommended that as a condition of the rezoning the applicant be required to abide by CC-2 site development standards including outdoor storage and display regulations. Miklo said Staff recommended approval of REZ06-00014, a rezoning of approximately 1.39-acres of property located at 1820 Boyrum Street be approved subject to: . The applicant providing a sidewalk to accommodate increased pedestrian traffic . The applicant abiding by CC-2 site development standards including outdoor storage and display regulations. Eastham asked if the sidewalk and site development standards would be required if the proposed restaurant did not develop. Miklo said they would be required regardless, in the future the site might change ownership and the property's use could transition to another use allowed in the CC-2. Public discussion was opened. There was none. Public discussion was closed. Motion: Shannon made a motion to approve REZ06-00014, a rezoning of approximateiy 1.39-acres of property located at 1820 Boyrum Street subject to: . Applicant providing a sidewalk to accommodate increased pedestrian traffic . Applicant abiding by CC-2 site development standards including outdoor storage and display regulations. Plahutnik seconded. The motion passed on a vote of 4-0 (Brooks, Freerks, Smith absent). CONSIDERATION OF 6/1/06 MEETING MINUTES: Miklo said the minutes were still being prepared at this time. They would be included on the next agenda. Motion: Plahutnik made a motion to defer consideration of the minutes. Eastham seconded. The motion passed on a vote of 4-0 (Brooks, Freerks, Smith absent). OTHER ITEMS: None. ADJOURNMENT: Motion: Eastham made a motion to adjourn the meeting at 7:42 pm. Shannon seconded. The motion carried on a vote of 4-0. Elizabeth Koppes, Secretary Minutes submitted by Candy Barnhill s:/pcdlminutesfP&Z/2006106-15-06.doc Iowa City Planning & Zoning Commission Attendance Record 2006 I FORMAL MEETING Term Name Expires 1/5 1/19 2/2 2/16 3/2 4/6 4/20 5/18 6/1 6/15 D. Anciaux 05/06 X X X OlE X X 0 -- -- -- B. Brooks 05/10 X X X X X X X X X OlE C. Eastham 05/11 -- -- -- -- -- -- -- X X X A. Freerks 05/08 X X X X X OlE X X X OlE E.Koppes 05/07 OlE X X X X X X X X X W Plahutnik 05/10 X OlE X X X X X X X X D.Shannon 05/08 X X X OlE X X OlE X X X I T. Smith 05/06 X X OlE X X X X X X OlE INFORMAL MEETING Term Name Expires 2/13 2/27 4/17 5/15 D. Anciaux 05/06 X X 0 -- I B. Brooks 05/10 X X X X C. Eastham 05/11 X A. Freerks 05/08 X X X X I E. Koppes 05/07 X X X X W Plahutnik 05/10 X X X X I D.Shannon 05/08 OlE 0 OlE X i T. Smith 05/06 X X X OlE I Key: X = Present 0 = Absent OlE = Absent/Excused I I I I , I IJ:[ MINUTES PLANNING AND ZONING COMMISSION EMMA J. HARVAT HALL JUNE 1, 2006 APPROVED MEMBERS PRESENT: Bob Brooks, Ann Freerks, Terry Smith, Wally Plahutnik, Dean Shannon, Charlie Eastham, Beth Koppes STAFF PRESENT: Bob Miklo, Karen Howard, Mitch Behr OTHERS PRESENT: Florence Stockman, Noah Kemp RECOMMENDATIONS TO CITY COUNCIL: Recommended approval, by a vote of 7-0, REZ05-00022, a rezoning from Intensive Commercial (CI-1) to Community Commercial (CC-2) zone for 10.28-acres of property located along South Gilbert Street south of Highway 6 and north of Southgate Avenue. Recommended approval, by a vote of 7-0, REZ06-00013, a rezoning from Interim Development Single-Family Residential (ID-RS) to Low Density Single Family Residential (RS-5) zone for 20.78-acres of property located on Lower West Branch Road west of Taft Avenue subject to a Conditional Zoning Agreement specifying that the applicant/owner would share in the proportional cost of improvement for Lower West Branch Road and that future subdivisions would comply with the neighborhood design policies of the Northeast District Plan including retention of the stone bridge being ensured in a manner that would provide public access to the feature. Recommended approval, by a vote of 7-0, SUB05-00021/ VAC06-Q0004. a final plat of Aviation Commerce Park North (a resubdivision of North Airport Development and North Airport Development - Part Two), an 11- lot 57.13-acre commercial subdivision located north of the Iowa City Airport, along Ruppert Road, and the vacation of a portion of Ruppert Road subject to Staff approval of legal papers and construction drawings prior to Council consideration of the final plat. Recommended approval, by a vote of 7-0, VAC06-00002, the vacation of Dane Road south of Highway 1. Recommended approval, by a vote of 7-0,VAC06-00003, the vacation of the southern 33 feet of the former West Benton Street right-of-way along the length of the applicant's property be approved subject to retention of any necessary utility easements. Recommended approval, by a vote of 7-0, the amendments to Title 14. Citv of Iowa City Zonina Code, as listed in the Staff Report dated May 26, 2006. CALL TO ORDER: Brooks called the meeting to order at 7:34 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. REZONING ITEM: REZ05-00022, discussion of an application submitted by Diane Schoenauer and Pat Kennedy for a rezoning from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone for 10.38 acres of property located on S. Gilbert Street south of Highway 6 and north of Southgate Avenue. Miklo presented Staff Report. The properties involved are only those that actually front onto Gilbert Street, one of which has a Southgate Avenue address. The initial application was filed in December 2005 by one property owner to rezone only one lot. Staff had advised her that rezoning just one lot would constitute a spot zoning; Staff suggested that she seek the support of the adjacent property owners to see if a larger area could be rezoned. A meeting was held in February 2006 to which all property owners in the CI-1 zone had been invited. Planning and Zoning Commission Minutes June 1, 2006 Page 2 At that time several property owners had expressed concern about the rezoning and were not enthusiastic about having their properties rezoned from CI-1 to CC-2. The rezoning had been put on hold. In April 2006, Pat Kennedy, who also owns property in the area, had approached the City regarding reactivating the rezoning request. Mr. Kennedy had spoken with all the property owners in that particular area of Gilbert Street and had submitted a petition showing 12 of 14 property owners would have a non-objection to the rezoning. A Intensive Commercial, CI-1 zone, was intended for businesses whose operations are typically characterized by outdoor storage and display of merchandise, repair and sales of large equipment or motor vehicles or by activities conducted in buildings that are not entirely enclosed such as contractor's yards. A Community Commercial (CC-2) zone was intended to be more of a retail zone which would allow retail, office uses and restaurants. It catered to a larger public and typically did not have the outdoor activities that a CI-1 zone did. The Comprehensive Pian for this area recognized the possibility of rezoning properties along South Gilbert Street to Community Commerciai zone. The Plan discussed the residential development which was occurring further to the south and east of Gilbert Street and recognized that as the population increased in that area there would be more traffic from the residentiai neighborhoods using Gilbert Street. Therefore it might be appropriate to upgrade the character of the commercial area along South Gilbert Street to create more of a retail market area which would be allowed in a CC-2 zone. Staff had some concerns about traffic in that general area. The intersection of Highway 6 and Gilbert Street was one of the City's higher accident rate intersections. Plans to reconstruct the intersection were in the Capital Improvement Plan for FY'08; as development occurred further south along the corridor there might be a need for additional improvements to Gilbert Street. Closing or combining curb cuts so properties shared them were possible future improvements. If the Commission chose to recommend the rezoning and the Council approved it, Staff recommended that the planned public improvements to South Giibert Street not be delayed. Staff recommended approval of REZ05-00022, a rezoning from Intensive Commercial (CI-1) to Community Commercial (CC-2) for approximately 1 O.38-acres of property along South Gilbert Street, south of Waterfront Drive and north of Southgate Avenue. Eastham said the Staff Report indicated that none of the existing properties would become non-confirming if the rezoning were approved. Would the property at 122 Stevens Drive remain conforming? Miklo said an auto repair business would be allowed in a CC-2 zone by Special Exception; in some cases such as quick vehicle service it would not require a special exception. If a business was a use that would require a special exception due to a rezoning, the business could continue as it was today, but if the business wished to expand they would need to seek and receive approval on a special exception. Some uses currently in the area that had residential on the upper floor would become a more conforming use in a CC-2 zone. Plahutnik asked if there would be limits on curb cuts in a CC-2 zone. Miklo said for new development or re- development the same standards wouid apply to CI-1 or CC-2 zones. As properties redeveloped and traffic increased, both the City and the property owners would need to be cognizant of the implications. Shannon asked what was the stance of the two dissenting property owners; did they oppose the rezoning or were they indifferent? Miklo said when the original zoning application had been submitted in December '05, Dave Clark had sent a letter of objection to having his property rezoned. Staff had received a list of the persons Pat Kennedy had contacted who'd indicated their support. All property owners in the area as well of those within 300-feet had received a letter advising them of the rezoning application and the Commission's 6/1/06 meeting and signs had been posted on South Gilbert Street. Smith asked if all the parcels were currently developed so increase(s) or change(s) in traffic flow and patterns would not be likely. Miklo said there were one or two vacant parcels. Any change would not be significant over the short-term. Planning and Zoning Commission Minutes June 1, 2006 Page 3 Eastham asked for a clarification regarding of the selection of the properties to be included in the application. Miklo said Staff had advised the applicants that in order to not have a spot zoning, their property should connect to an existing Community Commercial zone. Staff had discovered in February when researching for the neighborhood meeting, that a number of the properties would become nonconforming in a CC-2 zone, so Staff didn't advise rezoning those at this time. The applicant had an interest in rezoning additional properties in an adjacent area to CC-2 as well; Staff had advised him that the City would want to see more support for a larger rezoning in order to receive a positive Staff recommendation. There was support in the Comprehensive Plan for Gilbert Street to be rezoned. Public discussion was opened. There was none. Public discussion was closed. Motion: Smith made a motion to approve REZ05-00022, a rezoning from Intensive Commercial (CI-1) to Community Commercial (CC-2) for approximately 10.38-acres of property along South Gilbert Street, south of Waterfront Drive and north of Southgate Avenue. Eastham seconded the motion. The motion passed on a vote of 7-0. REZ06-00013, discussion of an application submitted by Arlington Development, Inc. for a rezoning from Interim Development Single-Family Residential (ID-RS) zone to Low Density Single-Family Residential (RS-5) zone for 20.78-acres of property located on Lower West Branch Road west of Taft Avenue. Miklo said this area was annexed in to the City in the 1990's as part of a larger annexation. Stonebridge Estates had started to develop on this land. At the time of annexation because of a lack of good street access and other infrastructure, the area was zoned IDRS, a type of holding zone which would permit limited development of the property. Since the annexation, Court Street had been extended to serve the general area and there were plans in the Capital Improvements Program to upgrade Lower West Branch Road. With those improvements, more of the necessary infrastructure would be in place to support development. The proposed RS-5 zone would allow single family homes on lots of 8,000-square feet, a minimum of 60-foot frontage. The rezoning would be compatible with the type of development identified for this area in the Comprehensive Plan and what had already occurred in the neighborhood. At the time the property was annexed, a Conditional Zoning Agreement had been established regarding general adherence to the policies of the Northeast District Plan. One of the features of the Northeast District Plan was the preservation and incorporation of an old stone railroad bridge as a part of the development. Staff recommended that the conditions established as part of the original CZA be carried over with the requested rezoning as part of a new CZA. Staff also recommended that the CZA specify that the applicant share in the cost of upgrading Lower West Branch Road. Because a one-acre parcel of land not owned by the applicant would be removed from the rezoning application, the cost of upgrading the frontage of that parcel of land would be excluded from the CZA. The property size would actually be 20.78-acres and the applicant's share for the Improvement project would be approximately $130,000 instead of $160,078. Staff felt it would be appropriate to leave the one-acre parcel as currently zoned; it was owned by a property owner who owned adjacent property in the area. The current owner was not volunteering to be rezoned. Staff recommended approval of REZ06-00013 subject to a Conditional Zoning Agreement specifying that the applicanUowner share in the proportional cost of improvement for Lower West Branch Road and that future subdivisions would comply with the neighborhood design policies of the Northeast District Plan including the retention of the stone bridge be ensured in a manner that would provide public access to the feature. Brooks asked if there was a reason for the irregular shape of the parcel. Miklo said there was a creek that ran through the area. A previous assessment had determined that the number of lots that could be developed in that area would have sufficient secondary access but anything beyond that would need another means of access to the subdivision which would occur when access was provided via Lower West Branch Road. Shannon asked when the Court Street connection was projected to occur. Miklo said the existing section of Court Street had been improved earlier this year. It could be connected when Taft was brought up to standards but that would require the agreement of some of the other property owners in the area in terms of grading their properties and they had not consented yet. Planning and Zoning Commission Minutes June 1, 2006 Page 4 Brooks asked if any restrictions had been placed regarding development of the property prior to Lower West Branch Road being upgraded. Miklo said no, improvements were included in the Capital Improvements Pian. Brooks said he didn't want to see traffic forced through the adjoining neighborhood, that the connection to Lower West Branch Road be one of the primary things done to alleviate the traffic fiow. Eastham asked if all access would be through Lower West Branch Road. Miklo said Staff anticipated that there would be a collector street that traveled from Lower West Branch Road through the subdivision and back to Court Street. Eventually there would be another collector street that traveled to the east and back to Taft Avenue. There would also be connections within the subdivision that would provide alternative routes. Public discussion was opened. Florence Stockman, 132 Eversoll Lane, said she was there to speak for others in the neighborhood. They were excited that Arlington Development was moving forward, their neighborhood had really grown, they were glad that Staff/the developer was sensitive to more access to the development, Lower West Branch Road, as getting onto Court Street was difficult. For her personally, preserving the stone bridge was why she'd moved to that neighborhood. She was an Iowa City native, her grandfather had ridden on the Plug Railroad which had gone over the stone bridge. She felt it was important to preserve the stone bridge and the developer had committed to doing so. They would like to see as much green space as possible, one acre of green space next to Lower West Branch Road seemed minimai; a walking trail near the stone bridge had also been mentioned. Stockman showed the Commission a color photo of the stone bridge. Brooks asked who would eventually own the stone bridge. Miklo said the Comprehensive Plan indicated that there should be public access to the stone bridge. In the negotiations for the subdivision, it was the City's goal to have that as part of the parkland dedication for the development. Most, but not all, of the stone bridge was on property owned by the applicant. When that neighboring area was developed, it would be the City's goal to continue to acquire and to preserve the stone bridge in a public park. Brooks asked if there were plans for connecting trails through the area. Miklo said the Comprehensive Plan showed a trail following the creek; through subdivision negotiations Staff would seek to have that feature included in the plans. Staff had done some rough calculations, the minimum amount of open space required to be dedicated would be 1.33 to 1.5 acres. Fees had been paid for open space in the adjoining development; it might be possible that those fees would be used to purchase additional open space to enlarge the park. Public discussion was closed. Motion: Freerks made a motion to approve REZ06-00013 a rezoning of approximately 20.78-acres from ID- RS to Low Density Single-Family Residential (RS-5) subject to a Conditional Zoning Agreement specifying that the applicant/owner would share in the proportional cost of improvement for Lower West Branch Road and that future subdivisions would comply with the neighborhood design policies of the Northeast District Plan including retention of the stone bridge being ensured in a manner that would provide public access to the feature. Smith seconded the motion. The motion passed on a vote of 7-0. DEVELOPMENT ITEM: SUB05-00021 / VAC06-00004, discussion of an application submitted by the City of Iowa City for a final plat of Aviation Commerce Park North (a resubdivision of North Airport Development and North Airport Development _ Part Two), an 11-lot 57.13-acre commerciai subdivision located north of the Iowa City Airport along Ruppert Road and the vacation of a portion of Ruppert Road. Miklo said Aviation Commerce Park had recentiy been rezoned from Intensive Commercial (CI-1) to Community Commercial (CC-2) to accommodate the development of a Wal-Mart. The City had a purchase agreement with Wal-Mart Stores, Inc. that they would carry through with the replatting of the property to accommodate that development. As shown on the approved preliminary plat, part of Ruppert Road would be vacated In the revised plat, the area that connected with Hwy 1 would stay in place, a portion of the east-west Planning and Zoning Commission Minutes June 1, 2006 Page 5 section would be vacated, another portion would remain in place but would be renamed to Spitz Court. Westport Drive would replace Ruppert Road as the east-west street which would result in one large tract of land which was the proposed Wal-Mart site. The City planned to market several smaller tracts of land for retail development. A minor difference between the preliminary plat approved in 2005 and the final plat was the lot line between lots 1 and lots 3 and 11 would be moved approximately 43 feet to the east to allow more room for development on lot 1. Staff requested that the access easement which had been shown on the preliminary plat between lot 3 and 4 be moved to lot 1 which would also allow the access to occur through the Wal-Mart site which Staff felt would be a better design. The preliminary plat had a drainage easement along lot 11; the reduced width of lot 11 would make that lot more difficult to develop so the easement had been moved to the west so it would occur on lot 1. Wal-Mart had since redesigned their drainage facilities so that easement would no longer be necessary. The drainage easement would go away, a 15-foot utility easement would remain along the lot line of lot 11. Staff recommended approval of the final plat and the vacation of a portion of Ruppert Road to allow Aviation Commerce Park North, which technically would be a resubdivision of North Airport Development and North Airport Development Part 2 subject to Staff approval of legal papers and construction drawings prior to City Council consideration of the final plat. Smith said lots 3-7 appeared to have frontage and curb-cuts on both sides, which side would be the frontage. Miklo said in terms of the Zoning Ordinance, both sides would be considered the street and would have to comply with the requirements. Eastham said the proposed plans for the Wal-Mart store's construction were to elevate the store so it would not be in the 1 DO-year flood plain. Would that change the flood plain boundaries for the rest of the area? Miklo said there would be no change in boundaries for the remainder of the area to be developed. Public discussion was opened. There was none. Public discussion was closed. Motion: Smith made a motion to approve SUB05-00021 I VAC06-00004, a final plat of Aviation Commerce Park North (a resubdivision of North Airport Development and North Airport Development - Part Two), an 11- lot 57.13-acre commercial subdivision located north of the Iowa City Airport along Ruppert Road and the vacation of a portion of Ruppert Road subject to approval of legal papers by Staff prior to consideration by City Council. Koppes seconded the motion. The motion passed on a vote of 7-0. VACATION ITEMS: VAC06-00002, discussion of an application submitted by the Iowa City Airport Commission to vacate Dane Road south of Highway 1. Miklo said the vacation would allow for the expansion of the airport and runway. Dane Road was no longer needed for access to the properties on either side of it as they'd been acquired by the airport. Access to the Dane property would be via a private drive from the south. The utilities that had formerly been located in the street were either being relocated or abandoned, there would be no easements necessary. The proposal met the City's criteria for approval of a vacation request. Public discussion was opened. There was none. Public discussion was closed. Motion: Smith made a motion to approve VAC06-00002. Plahutnik seconded. The motion passed on a vote of 7-0. VAC06-00003, discussion of an application submitted by Professional Muffler, Inc. to vacate a portion of old West Benton Street. Planning and Zoning Commission Minutes June 1, 2006 Page 6 Miklo said this parcel was a remnant right-of-way when the Benton Street bridge of many years ago had been replaced. The right-of-way had been retained. The applicant owned the Professional Muffler building which had been heavily damaged during the April 13 tornados. The applicant hoped to rebuild and to expand their ownership. Given the tight confines of the lot and that the previous development had not conformed to zoning requirements in terms of parking and access, the applicant was requesting the vacation of a portion of unused old Benton Street. The applicant had also proposed to purchase from the City the gravel parking lot located to the east of his property in order to extend his current property approximately 60-feet further east. Staff had also had discussions regarding the vacation of the unused area of Benton Street which provided access to the Ned Ashton Park which was a trail head for the Iowa River corridor trail. Staff felt it was very important for the City to retain that as a public access to the park and trail head, that portion of Benton Street would not be vacated. Both Linder Tire and Professional Muffler would be able to continue using the 20-foot section that the City was retaining to provide access to their properties. A 33-foot wide section of old Benton Street would be vacated for the length of the applicant's current property and for the length of the property that the applicant was requesting to purchase from the City. A sanitary sewer easement crossed the property which would need to be accommodated during the reconstruction of the site and an easement retained by the City. Staff recommended approval of VAC06-00003. Public discussion was opened. Noah Kemp, 2140 Hwy 22, Kalona, IA. Kemp said it was unbelievable how quickly one's life couid be disrupted by a tornado. He thanked the Commission for considering his application for the vacation. Kemp said he also wished to thank the City Staff as they had been very helpful during the process. His building had been an old one and had not met current City codes. With his current proposal, he hoped to be able to rebuild and to meet City Codes again. Public discussion was closed. Motion: Smith made a motion to approve VAC06-0003, the vacation of the southern 33-feet of the former West Benton Street right-of-way along the length of the applicant's property be approved subject to retention of any necessary utility easements. Koppes seconded the motion. Plahutnik said at some point in the future he hoped that the City would reconsider the look of that particular riverfront area. This property was the beginning of the riverfront area, he was glad to see it being brought up to Code. Miklo said the revised Code had landscaping standards in it which would help to beautify the area as it was being redeveloped. The motion passed on a vote of 7-0. AMENDMENTS TO TITLE 14. CITY OF IOWA CITY ZONING CODE: Howard presented the Staff Report. After Staff had the opportunity to use the revised Code, a few things that needed tweaking had arisen. This would be the first of two packages of proposed revisions Staff would submit for consideration. . Clarification of regulations for drives external to a parking lot versus drives internal to a parking lot. A distinction needed to be made for certain circumstances such as a drive that provided circulation for a large area, I.e. a Wal Mart, which had traffic circulation around the exterior edge of the parking lot. Screening requirements required that parking lots be set back 10-feet from the right-of-way to provide room for street trees and the parking lot whereas drives that were external to a property and which provided access to that property had a different standard for setback from the property line. A single-drive had to be set-back 3-feet. Staff wished to make the distinction between drives which would be internal to a parking lot [larger areas/larger paved areas] would need to have the same setback standard as a parking lot. Language had been added to various parts of the Code and some illustrations had been re- drawn to make the clarification. Planning and Zoning Commission Minutes June 1, 2006 Page 7 Koppes asked how this would work in a large commercial area, such as a Wal Mart which would have multiple curb cuts to both sides of a lot and the building set at the front. Howard clarified: Staff had made the distinction for commercial zones but had not considered that sometimes multi-family dwellings also had large parking lots. Staff wanted to make the language parallel to make the distinction. Language similar to existing language in the Code had been used. Some clarification of definitions had also been necessary, those were listed on page 7. Freerks asked if there were still no screening requirements for a remnant which contained a large paved area. Howard said the standard allowed driveways within 3-feet of the property line or it could be on the property line if it was shared drive and drained properly; the City didn't wish to discourage people from sharing driveways. The desire was to have the parking lot behind multi-family building so that it could fit into a single-family residential area. The parking lot itself had to be screened from the neighboring properties and set back 10 feet. This applied to any parking lot over 8 spaces. . Clarification of regulations for exterior stairways, exterior corridors, balconies and lifts. To clarify Stairway not Stairwell. A stairway went above grade, a stairwell went below grade. Language from the site planning portion of the Zoning Code had been copied and inserted. All the words that had said stairwell had been changed to stairway. Staff also wished to clarify that exterior stairways did not refer to stoops, exterior corridors did not refer to exterior arcades at the street level. A fire escape would not be considered an exterior stairway. . Clarification of minor modification procedures for site development standards in the Multi-Family Zone Article and addition of a similar minor modification option for site development standards in the Commercial, Industrial and research zones articles of the Code. The flexible provision had been added due to the large amount of regulations which had been added. It was always difficult to tell when an individual property would have difficulties due to unique site conditions that some of the standards could not be met on certain lots. This procedure was already included in the multi-family zones for site development standards because they were more extensive as design standards. Staff had made some additions to commercial and industrial zones, the additions had not been as extensive. These processes had proven useful to provide fiexibility in the Code, if there were unique circumstances they provided a process through which someone could apply to receive some relief from the provisions that they could not comply with. Freerks asked what had been the impetus for removing the joint review. Howard said it had been a request to make it clear that 'all these officials' did not have to be present at the minor modifications meeting. The Building Official would still consult with all the listed departments. Smith asked by striking the words 'are waived' was its Staffs intention to eliminate Commission's or City Council's authority. Howard said a minor modification was a Staff level adjustment: it was felt that it should not be up to Staff discretion to waive an entire regulation - that would be too much discretion for an administrative review. The request had been made by the Building Official so a situation would not arise where a person might request a complete waiver. Minor modifications were intended to be minor: more major changes needed to go through the Board of Adjustment and have a public review. An applicant might be getting permission to do something that no other property owner would get to do. . Amend to the building material requirements for large retail uses to make allowance for stamped concrete panels. Big box standards had been inserted into the Zoning Code later in the Code review process. After Staff had reviewed the Menards site, the Building Department had brought it to Staffs attention that there were a lot of materials on the market being used which simulated brick and stone quite well. Those materials were frequently used in big box retail structures, for malls and large structures. Freerks asked if Staff had been able to work through this change during the Menards review - how would it affect applicants that were currently in process. Miklo said this would provide more fiexibility. Menards's had requested to use a panel that had the appearance of brick which was stamped and had a dye in it. This would be a higher grade product than just a foundation which was stamped and looked somewhat fake. It would be Planning and Zoning Commission Minutes June 1, 2006 Page 8 possible to see the stamped foundations in a residential area, but the public would not necessarily want to see a whole wall 'stamped' in that manner. . Clarification of regulations that relate to the ground-level floor height of storefront commercial buildings. The current standard in the Code for underground parking stated that the underground parking could not push the ground level/ floor level up more than one foot above grade or the level of the adjacent sidewalk. The intent was to have storefronts at street level to make them more conducive to commercial. With the high demand for multi-family housing in Iowa City, frequently the residential above the commercial drove a project. There was less experience and less interest in making the commercial store fronts conducive to use over time. Buildings such as the one on Gilbert Street (combination commercial/residential across from the Recreation Center) had an underground parking access which pushed the first level store front entrances way above grade, which then became almost non-conducive to pedestrian traffic. It was also very difficult to make those types of buildings accessible - they required a lot of ramping and/or steps which made them unattractive for retail commercial and/or window shopping. Staff had realized that the wording in the Code had not provided flexibility for sites that were sloping. This mechanism would provide room for some change from the one-foot standard. Staff felt that some portion of the building along the frontage should be at or no more than one foot above grade which would allow the entrance of the storefront to be at grade. As the grade sloped down, the floor could be one foot but no more than three foot above grade. The Code currently contained a requirement for storefronts to have a break-up of the fayade every 50-foot. For a long building, traditionally each retail bay had been stepped down which would allow the retail floor level to be stepped down and to be at grade. Howard said amendments had been inserted into the neighborhood commercial zone, downtown zones, mixed use zones; areas where underground parking might be seen. Miklo said a good example of this type of structure was the building that Taknami was located in; at one end it was almost at grade but at the severest point it was no more than 3-feet above grade. The parking had been dug deeper. Brooks asked how it would apply to a building such as the one on Linn and Court Streets. On the Linn Street side the building was pretty much at grade, but on the Court Street side the land began to slope down. There was no commercial space accessible from the street. Miklo said the lower level would have had to have some commercial space in it and there was enough grade to have done so. Brooks said at some point in the future they'd need to address the issue of arcade width. If an arcade area was very narrow and a tight walkway to the entrances to a building, it would not invite anyone to walk through the arcade. Howard said there currently were not regulations which would allow or address an arcade going over the public right of way. Eastham asked Staff to discuss what the evidence was that suggested that having entrances to stores at grade levels was economically more feasible or made more difference to the success of the business. Howard said she could pull a lot of research regarding; if persons were interested in retail they would build it at grade. Any city which had large retail districts had the storefronts at grade, the public would not walk in if they couldn't see in the window or what was happening on the other side of the door. Chicago was doing things to floor levels to make sure that the store fronts were places where people could see and invite them in. Iowa City had a different type of market - a higher market for multi-family and student housing which tended to drive the project rather than the commercial side. Brooks asked if there would be any benefit in tying this in to ADA access. The potential situation being that at grade was required only at one end of a building, a person coming from the direction of the exposed garage would have to go the full length of the building to get ADA access to go down to the other end of the building. Would it be possible to require ADA access every 50-feet which would require the builder to do stair stepping which would allow more access points. They were talking about 150-feet of building with only one access point at the far end of the building. However, developers might feel that this would make their parking more expensive and they would lose some parking. Brooks said it was his preference to see more ADA access sites in situations of 11, block long buildings. Planning and Zoning Commission Minutes June 1, 2006 Page 9 Howard said currently unless a building had underground parking there were no standards about how high the level of the store front had to be. Staff had added a standard about having entrances to store fronts no more than one foot above the level of the sidewalk. It would make it more of a level playing field between buildings which did and did not have underground parking. They should all be ADA accessible and have the storefronts at grade level. Staff had also made a modification to garage entrances and exits for buildings in the CB-5 zone. In the previous Code and the revised Code, the requirement had been that if there was an alley, access had to be from the alley. No driveway had even been allowed from the street. Staff had eased the requirement by stating that if access to/from the alley was not feasible, access could be provided from a driveway to the street. A current situation was a building which was on a corner lot and had done everything possible to have storefronts on all sides and had alley access to the majority of the parking, which was underground. The applicant wished to have access to a smaller parking area behind the storefronts via a driveway. Because of the topography, the way the building sat and the underground parking, the best access would come from the street. To require the site to have all parking access from the alley would prohibit the storefront along the street - it would become too narrow to be usable space. Staff felt it would be better to have a little flexibility which would also make the project better. Flexibility to adjust things would allow Staff to better meet the intent of the Code. Language had been added to make it clear what the purpose was for requiring the kinds of access that were required in the downtown area as well as adding a little flexibility to adjust things based on the particular site. The motion passed on a vote 017-0. Motion: Smith made a motion to approve the amendments to Title 14, City of Iowa City Zoning Code. Eastham seconded. The motion passed on a vote of 7-0. CONSIDERATION OF 5/18106 MEETING MINUTES: Motion: Smith made a motion to approve the minutes as typed and corrected. Eastham seconded. The motion passed on a vote of 7-0. OTHER ITEMS: None. ADJOURNMENT: Motion: Smith made a motion to adjourn the meeting at 9:01 pm. Eastham seconded. The motion carried on a vote of 7-0. Elizabeth Koppes, Secretary Minutes submitted by Candy Barnhill s:lpcdlminutesIP&ZI2006106-01-06.dOC I Iowa City Planning & Zoning Commission Attendance Record 2006 FORMAL MEETING Term Name Expires 1/5 1/19 2/2 2/16 3/2 4/6 4/20 5/18 6/1 D. Anciaux 05/06 X X X OlE X X 0 -- -- B. Brooks 05/10 X X X X X X X X X C. Eastham 05/11 -- -- -- -- -- -- -- X X A. Freerks 05/08 X X X X X OlE X X X I E.Koooes 05/07 OlE X X X X X X X X W Plahutnik 05/10 X OlE X X X X X X X D.Shannon 05/08 X X X OlE X X OlE X X T. Smith 05/06 X X OlE X X X X X X INFORMAL MEETING Term Name Expires 2/13 2/27 4/17 5/15 D. Anciaux 05/06 X X 0 -- B. Brooks 05/10 X X X X C. Eastham 05/11 -- -- -- X A. Freerks 05/08 X X X X E.Koppes 05/07 X X X X W Plahutnik 05/10 X X X X D.Shannon 05/08 OlE 0 OlE X T. Smith 05/06 X X X OlE Key: X = Present 0 = Absent OlE = Absent/Excused I I ; I ; i I c:: MINUTES Youth Advisory Commission July 10, 2006 - 6:30 P.M. Lobby Conference Room, City Hall FINAL Members Present: Keranen, Stubbers, Ziegenhorn Members Absent (Excused): Subramanian, Nelson, Kamps, Members Absent: Bleam Others present: City Council Liaison Correia; City Clerk Karr No quorum present. Next meeting August 14, 2006 Prepared by Karr Youth Advisory Commission July 10, 2006 Page 2 Youth Advisory Commissiou ATTENDANCE RECORD YEAR 2006 lMeetinl! Date) TERM 3/23 3/30 4/13 4120 5/25 6/14 7/10 NAME EXP. Audrey 12/31/07 X X X X X X X Keranen Sarah 12/31107 X X X DIE DIE X X Ziel!enhorn Subha 12/31/06 X X X X X X DIE Subramanian Elyse 12/31106 DIE X X X X X DIE Abboud Kamps Maison 12/31107 X X X DIE DIE DIE 0 Bleam Jacqueline 12/31107 X x X X X X X Stubbers Michael 12/31106 X X X X X X DIE Nelson KEY: X = Present o = Absent DIE = Absent/Excused NM = No meeting --- = Not a Member CALL TO ORDER: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: POLICE CITIZENS REVIEW BOARD MINUTES - June 12, 2006 FINAUAPPROVED I::[ Chair Greg Roth called the meeting to order at 5:34 p.m. Candy Barnhill, Elizabeth Engel, Loren Horton, Michael Larson None Legal Counsel Catherine Pugh and Staff Kellie Tuttle Cap!. Tom Widmer of the ICPD RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #06-01. CONSENT CALENDAR OLD BUSINESS NEW BUSINESS PUBLIC DISCUSSION BOARD INFORMATION STAFF INFORMATION EXECUTIVE SESSION Motion by Horton and seconded by Barnhill to adopt the consent calendar. . Minutes of the meeting on 05/09/06 . ICPD Use of Force Report - April 2006 Motion carried, 5/0. None. The Board reviewed and made changes to the draft of the annual report. Motion by Barnhill and seconded by Engel to approve the PCRB FY06 Annual Report as amended. Motion carried, 5/0. Motion by Horton and seconded by Larson to grant the 30-day extension to the Chief for PCRB #06-02. None. Barnhill would like to add two items on the next agenda. City Code Section 8-8-6(E) / Policy & Procedure for extension requests and Meeting Times. None. Motion by Barnhill and seconded by Horton to adjourn into Executive Session based on Section 21.5(1 )(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of publiC bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of . ,_..____ ..,"___...____._._m.___.._._._._,__.~~_____.~__~._.___.--.---------------- PCRB June 12, 2006 Page 2 REGULAR SESSION government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 5/0. Open session adjourned at 5:53 P.M. Returned to open session at 6:18 P.M. Motion by Horton and seconded by Larsen to forward the Public Report as amended for PCRB Complaint #06-01 to City Council. Motion carried, 5/0. MEETING SCHEDULE . July 11, 2006, 5:30 P.M., Lobby Conference Room - Time Changed . August 8, 2006, 7:00 P.M., Lobby Conference Room . September 12, 2006, 7:00 P.M., Lobby Conference Room . October 10, 2006, 7:00 P.M., Lobby Conference Room Motion by Barnhill and seconded by Larsen to change the time of the July 11 meeting to 5:30 P.M.. Motion carried, 5/0. ADJOURNMENT Motion for adjournment by Horton and seconded by Larson. Motion carried, 5/0. Meeting adjourned at 6:22 P.M. I I POLICE CITIZENS REVIEW BOARD ATTENDANCE RECORD YEAR 2006 (Meetine Date) TERM 1110 2/14 3/21 4/11 5/9 6/12 NAME EXP. Candy 9/1/07 X X X NM X X , I Barnhill 9/1/08 , Elizabeth X DIE X NM X X I Engel I , Loren 9/1/08 X X X NM X X I I Horton I Greg Roth 9/1/09 X X X NM X X i Michael 9/1/09 X DIE X NM X X Larson I I I KEY: X = Present o = Absent OlE = Absent/Excused NM = No meeting --- = Not a Member POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 r--.' c~ c:::< C"'" TO: City Council Complainant Stephen Atkins, City Manager Sam Hargadine, Chief of Police Officer(s) involved in complaint o ~Cj "~-- ....:-. -<' i._j ~-~. .'...~, c_ ~ -II w \-rl .-, Police Citizens Review Board =< t~ :;! r--,\.:-f,:, '-;::: 7"'~. "So ~ )> "_..1 FROM: U1 -l RE: Investigation of PCRB Complaint #06-01 DATE: June 12, 2006 This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB #06-01 (the "Complaint"). Board's Responsibilitv Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to review the Police Chiefs Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chiefs professional expertise" (Section 8-8-7B (2)). While the City Code directs the Board to make "findings of fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence", are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice or any Federal, State or Local Law". Sections 8-8-7B (2) a, b, and c. Board's Procedure The Complaint was received at the Office of the City Clerk on February 3, 2006. As required by Section 8-8-5 of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chiefs Report was due on May 4, 2006 and was filed with the City Clerk on April 28, 2006. The Board voted to review the Complaint in accordance with Section 8-8- 7B(1 )(a), on the record with no additional investigation. The Board met to consider the Report on May 9, 2006 and June 12, 2006. FindinQs of Fact The complainant alleges that Officer A violated his 4th Amendment Right protecting him from unreasonable search and seizure when the officer requested him to submit to the two field sobriety tests. The general facts of the incident, as follows, are not in dispute. On Friday, January 6, 2006, at approximately 01 :05 hours, Officer A performed a traffic stop at the intersection of Riverside Drive and Iowa Avenue of a vehicle due to a faulty taillight, driven by the complainant. Iowa law allows a peace officer to test the driver of a motor vehicle when reasonable grounds exist to believe the driver may be intoxicated. Reasonable grounds were established for the following reasons: All parties interviewed agreed that Officer A would reasonably have detected the odor of alcohol coming from inside the vehicle; the complainant's red eyes; the time of day; and the location of the vehicle when first observed by Officer A. Computer Aided Dispatch shows the length of the traffic stop at 14 minutes. Officer A requested the complainant to perform the Horizontal Gaze Nystagmus Test and submit to a Preliminary Breath Test. The complainant stated that he agreed to perform the field sobriety tests. The complainant never stated he did not wish to perform the tests nor tried to seek protection against an unreasonable search or seizure under the 4th Amendment. Both tests indicated that the complainant was not impaired and had no evidence of alcohol in his system. The complainant was given a verbal warning regarding the taillight and was released from the scene. Conclusion By a vote of 4-0 with 1 member absent, the Board set the Level of Review for this complaint at 8-8-7(B)(1)a, believing there to be enough information in the Chiefs Report, and other attached materials, to allow the Board to come to an informed conclusion. The Board finds allegation #1 to be not sustained. The Board believes reasonable grounds did exist for Officer A to request the complainant to submit to the Horizontal Gaze Nystagmus Test and a Preliminary Breath Test. The Board concludes the findings of the Chief of Police are supported by substantial evidence; or are reasonable, not arbitrary or capricious; or are consistent with a Police Department policy or practice or Federal, State or Local L~. ~ o c.::) ~,..... ~ ~~~ ~; C) -~'. ~---J c) -/ "..:. .~R:Ql f)_A) 5/< ::i> z 11 w ; -0 iT] ::>:: r-1 '-.-I - .. <.J' -..J Complaint #06-01 AlleQation #1: Violation of 4th Amendment Riqht The board has no cause to suspect or believe that Officer A violated the 4th Amendment Right of the complainant. Allegation #1 against Officer A is not sustained. Comment On Wednesday, February 1, 2006, Officer A charged the complainant with "Vehicle for Hire - Liability Insurance." The PCRB complaint against Officer A was time stamped on Friday, February 3, 2006. In his closing statement to investigators, the complainant stated he would make his complaint go away if the charge against him was dropped. ,..., Q =0 = ""' ;~Cl <- --f:.;. --, c:: II ,'- -I Z F'.-< '-. r- ---~ C~; w m _~/ r---- - ~. -0 r-n ,..-, O::J; ::;r: \.....J :2::7' - .. )> CJ1 -.I MINUTES HISTORIC PRESERVATION COMMISSION THURSDAY, JUNE 8, 2006 EMMA J. HARVAT HALL ~ ~ APPROVED MEMBERS PRESENT: Esther Baker, Michael Brennan, Richard Carlson, Michael Gunn, Michael Maharry, Pam Michaud, Jim Ponto, Ginaiie Swaim, Tim Weitzel MEMBERS ABSENT: None STAFF PRESENT: Sunil Terdalkar OTHERS PRESENT: Kevin Bebout, Fran Blanc, Helen Burford, Pat Cincotta, Loren Deetz, Mark Meier, Marty Wank CALL TO ORDER: Vice Chair Carlson called the meeting to order at 6:02 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. ITEMS FOR CONSIDERATION: Certificates of Appropriateness. 404 South Summit Street. Weitzel took over as Chair of the meeting at this point. Terdalkar said that this property is a contributing structure in the Summit Street Historic District. He said the application is to demolish part of the existing sleeping porches and rebuild two-story open porches. Terdalkar said the Commission previously reviewed this property regarding the removal of part of a collapsed shed. He stated that when the shed was removed, the porch had to be stabilized. Terdalkar said the owner now wants to open the porches instead of building a closed porch. Cincotta said there are some issues to be resolved with the pressure treated wood. He said that now that he is aware of the guideiines, he feels the plan can be revised in order to come to a compromise that will work. Cincotta proposed leaving the framework, the joist and the ribbon, as pressure treated and then covering the outside of it with a prime ribbon that is paintable. He said that he would put the bead board that is around the whole house on the underside of the second deck so that the pressure treated wood won't be exposed there. Cincotta proposed changing all the posts, rails, and balusters, possibly to cedar, which is paintable. Weitzel said he felt that there also some design issues regarding historic context. He said the plan would change a closed sleeping porch to an open porch. Cincotta said he and the owner believe it is more appropriate to the house than the sleeping porches. He said that as the porches were constructed, he does not feel they really matched the house. Blanc stated that there are perhaps two timelines with regard to construction of the house. She said the sleeping porches were not original to the house. Blanc showed the photographs showing the front porch that was removed from the house several decades ago. She said that what she is proposing is reasonably similar to what the front porch looked iike after the fire that occurred about 1918. Maharry said there is some decoration on the columns and underneath the porch roof and asked Blanc if she wanted to replicate it on the new porches. Blanc said she did not. Cincotta said he felt that if the Commission required it, he would try to duplicate the low? spot at the rail. He said, however, that with the deck above, too much ornamentation would make this look too busy. Cincotta said that if the existing porches were there, he would have to replicate and duplicate around the house. He said that since they're not there and there is nothing really ornate on the house now, it may be inappropriate to start putting it up. Maharry asked what historic time period was being emulated with the construction of this porch. Cincotta said the idea was to go back to the front porch style that was there. He said there is really not a need for sleeping porches on the house, and they really don't match the structure anyway. Cincotta said he Historic Preservation Commission Minutes June 8, 2006 Page 2 thought an open porch would be much more pleasing to the eye. He added that the property next door also has open porches. Weitzel asked if the porch could just be removed. Blanc said it could not be taken off. She stated that when the porches were built, the entire configuration of the roof was redone so that the roof slants out to accommodate the two porches. Weitzel asked what date that occurred. Blanc said that from what she has pieced together, she felt that it occurred sometime around 1920 or possibly a little later. Gunn said that there is certainly evidence that originally there was not a second story porch at all. He said there is evidence of a return on the gutter of the gable end on the back that would have matched the opposite side. Gunn stated that originally there probably was a one-story porch similar to the front porch, but then the sleeping porch was added at a later date. He agreed that the roof appears to have been substantially rebuilt and is in good shape. Maharry asked what the architectural style of this building would be. Weitzel said that it has some characteristics of a Queen Anne. Carlson said that it is sort of Edwardian. Weitzel said it is more subdued than the typical Queen Anne, but there is actually a back wing that has a Greek revival appearance. Blanc said that the house has always been described to her as Italianate in style. Weitzel agreed that it has Italianate elements as well so that maybe it would be considered an Italianate with Edwardian additions. Weitzel said the point of the porch is trying to decide when it was built and what historic significance it contributes to the building. He asked if the Commission feels, since it is a later addition, it achieved significance in and of its own right or if it detracts from the character of the house. Weitzel said that from there, the Commission has to decide the appropriate course. Maharry asked what style the owner wants the porch to emulate. He said that, as drawn, it does not seem to have any style. Maharry stated that it is just straight up and down without any decorative elements to define it as any particular style; it is just very vertical and horizontal. Blanc said she likes it very simple. She said that it would be appropriate if it looked somewhat like the porch in the photograph. Maharry agreed but said that porch is actually not simple; there is actually some very nice detail on the porch columns and above on the roof. Blanc said she did not want to emulate the front. She said that the front porch is exposed to the street and serves a different purpose than what an open porch on the side would serve. Blanc said she would like to have a simple design. She said the stark straight lines seem appropriate to keep a simple pattern and would not be anomalous to the rest of the house. Swaim asked how visible this would be from either street. Cincotta said it is not facing Court Street at all. Swaim stated that a side or back porch could have been much simpler than a front porch. Gunn stated that the porch would face south and is quite visible to someone walking by on Summit Street. Weitzel asked if the proposal is for solid columns or if the plan is to build them up out of boards. Cincotta said he would like to use solid four by four. Weitzel said that historically columns were built out of board, and they had a dimensional look that was similar to an architectural column. Cincotta said he may be able to duplicate the bottom part, with a little applique around it and a little plinth block around the bottom. He said he thinks that would be appropriate and would be as much ornamentation as this deserves. Cincotta said there is nothing ornate on this house, and anything that was ornate has long since been removed. Maharry said the goal of this historic district is to help design neighborhoods to look like they looked 100 years ago when the house was built. Cincotta said that is why he is suggesting doing the bottom part. He said that it is not really appropriate to use the ball and spindles that are on the top. Cincotta said that if this is to get to a period, it would be appropriate to stick to the front porch period, the lower part, and match the rail, match the plinth, and match the applique on the posts. Gunn said that Italianate often, even on simple porches, might have a simple bracket at the top, which is a pretty simple thing to add and breaks up the length and lends itself to the style. Weitzel said the owner is quoting the front porch as the goal, but the design the owner is saying she wants to do is actually quite a bit less developed than that. Cincotta said the front porch design is not Historic Preservation Commission Minutes June 8, 2006 Page 3 really a goal. He said he was willing to compromise. Cincotta said the owner wants something simple, and the Commission wants a little ornamentation. He said he hoped to meet somewhere in the middle. Blanc said she wants to keep the porch simple so that it is appropriate to the house and would not want to see turned spindles on the house. She said that the goal is not to imitate the porch that was in front, although she is using that as a guide to achieve something that is appropriate. Maharry said that if the owner is amenable to emulating the column base as in the photographs and something simple for brackets, that would be fine with him. Cincotta asked if the Commission wants to have a small cornice at the top of the posts. Gunn suggested using an approximately six by six square post with a built out base and a simple bracket in the plane of the building. Blanc said she would certainly approve that over the detail that is shown in the photograph. MOTION: Gunn moved to approve an application for a certificate of appropriateness for 404 South Summit Street as submitted, with columns being approximately six by six square with a built-out base, a bracket added to the top, and all exposed surfaces being wrapped in pine or cedar that is paintable. Ponto seconded the motion. AMENDMENT TO THE MAIN MOTION: Gunn amended the motion to include a balustrade with approximately two-inch square spindles and stairs with a railing to match. Ponto seconded the amendment. Gunn said he believes the guidelines require a full two inches by two inches on the spindles. Cincotta responded that it would probably be proportional if he is going to use six by six, so he would increase that to be proportional. Terdalkar said that the guidelines specify one and one-half inches or greater for square spindles. Carlson said that the curved brackets as sketched look Italianate, and this is really later than an Italianate house. He said he likes the idea of a little more ornamentation but not a lot. Weitzel asked if there is crown molding on the house. Cincotta said there is no crown molding on this house. Blanc responded that it is strictly vertical and horizontal. Gunn asked if it is the design of the brackets or brackets at all that Carlson is questioning. Carlson stated that it was possibly both. He suggested that this was one issue that could be left to staff and chair to determine. Swaim said she also had some hesitation about the brackets. She said that if part of the purpose is to break up that long space and blend it in some way, she was still not totally convinced that brackets are needed architecturally, as opposed to just visually, in terms of that space. Swaim agreed that if they are added, they would need to be very simple, because there is just nothing else on the house. Swaim asked Blanc if she had any plans to rebuild the front porch. Blanc said she probably would not, because it takes a lot of light away from the front rooms. Weitzel said he suggested crown molding, because a lot of turn of the century columns had what is called a bed mold, which is not a full crown mold but is a somewhat simplified decorative molding. Carlson said that since there was no porch there originally, this would create something for the house. He said that, therefore, anything appropriate to a house of that era would be fine. Carlson said that simpler is better, but simple can look like a modern deck, which the Commission doesn't want, or can look like a simple 1900 porch, which the Commission would want. Weitzel stated that the real issue is what did the columns and balustrade look like. Blanc said that is how she feels about it. She said that embellishment so often looks like it is stuck on, because it is hard to get it right. Weitzel said that it would not just have straight columns but would have something. Blanc agreed but said she would rather have something really simple that has integrity. Swaim asked if the build out for the base means that it hits the ground and there is a little bit of molding around that and asked if there is some way that can happen at the top also. Weitzel said that is very Historic Preservation Commission Minutes June 8, 2006 Page 4 typical of what would have happened. Swaim said then that if the balusters and columns have the right proportions and the bit of molding at the top is added, similar to what is on the bottom, that might do it. Weitzel suggested a classical Greek or Roman column with a plinth at the top and a base that is wider. He said it could be a simple roundness or something; it doesn't have to be elaborate. Blanc said the built- out base should be square, not round. Carlson suggested that staff and chair could work out the minute details later, including the type of moldings and what kind of plinth block would be appropriate. Blanc said that she needs to get going on this project pretty urgently. Gunn said the motion could be amended to have top of the column details to be worked out by staff and chair. AMENDMENT TO THE MAIN MOTION: Gunn moved that instead of using brackets, the details at the top ofthe columns would be worked out by staff and chair. Cincotta asked if the only thing stopping this from moving forward is the upper cornice or whatever would be there. Blanc said she needs to get started on the project. Terdalkar said he would be willing to work with the owner and applicant tomorrow on this project. Cincotta said that he could not put a proposal together that quickly. Michaud asked if the six inches usually seen at the base of these columns would not be adequate for the top as well. Gunn said that it seems like there is some effort to add some ornamentation on top, although not everyone is in favor of brackets. He said the alternative is for the owner and contractor to come in the next day and sketch out a plan. Terdalkar presented a sketch showing the column, newel post and railing detail. Cincotta asked if the sketch called for champhered edges with a plinth on the top. Terdalkar confirmed this. Cincotta asked if this would call for champhering the corners of the six by six, plinth the top so the champ her looks like it goes around. He said it would be totally appropriate. Blanc confirmed that it would be fine with her. Weitzel said it is a little decorative yet pretty simple. AMENDMENT TO THE MAIN MOTION: Gunn moved to amend the main motion to include a column of the detail as sketched by staff. Ponto seconded the amendment to the main motion. The motion carried on a vote of 9-0. 628 North Johnson Street. Terdalkar stated that this is a key-contributing structure In the Brown Street Historic District. He said the proposal is to build a shed with a footprint of about fifteen feet by fifteen feet and a height of about ten and one-half feet. Terdalkar said the application refers to vinyl siding, but the applicant has agreed to change the material to fiber cement board. Terdalkar said there is also a mistake in the application regarding where the skylight is shown. He said that has been changed, and he passed around new drawings. Terdalkar said the applicant had proposed using a slider window, and Terdalkar suggested using a window that would match other windows on this type of structure, generally the barn sash window with divided lights. Marty Wanek said he is an architectural designer and has worked on this project. He said that people volunteered to build this shed, and he volunteered to draw it. Wanek said he did not realize this was in a historic district when he came up with the plans. He said the Commission's suggestions sound good to him, and he understands the reasoning. Wanek said he is basically going to copy the brackets and things that are there and will be doing the same little angular cuts and things like that. Wanek said he already has the window, and it is a slider. He asked if he could put mullions into the window and then paint the trim the same way so it all looks like it belongs there. Wanek said he could match the very top attic window, which appears to have some vertical dividers, some divided lights. He said he already has the window on site, as well as a door. Wanek said perhaps he could just incorporate the window and door by changing their character a little bit. He said the door is a typical, therma-tru door, with a couple of rectangular dividers, probably three on a side. Historic Preservation Commission Minutes June 8, 2006 Page 5 Maharry said that historic doors and windows are available at the salvage barn. Wanek said he is open to suggestions. He said the door he has now is a man-door of three feet by six feet dimensions. Ponto said he likes the fact that the brackets and all that are being copied and said it makes it look nice. He said that since this matches so well, the window and the door become more of a concern than with just a simple building. Wanek said he would be glad to go to the Salvage Barn to see if they have something that will work. He said the door he has now is a Therma-Tru insulated door and is made of painted steel with insulation. Wanek said he thought the house was built in the early 20s and has kind of a bungalow look. Gunn said that if the door is painted, that would probably be acceptable. He said that the window is a bigger concern to him, because it looks like a slider and probably wili aiways look like a slider. Wanek said he could look at the Salvage Barn for a window. Maharry said the window could be returned to the Salvage Barn for a refund, if it doesn't suit. He suggested that staff and the Chair would be able to decide what window would work for this style of house if the rest of the Commission were amenable to that. Maharry asked if the frame came with the door. Wanek said he would probably use the fiber cement board for trim and use some wider trim, probably to match the width that is on the house. Swaim said the slider window is shown as horizontal and asked if the Commission is looking for something that would be more vertical. Gunn said that a barn sash window would be appropriate. MOTION: Gunn moved to approve an application for a certificate of appropriateness for the construction of a shed at 628 North Johnson Street, as submitted, with the slider window being replaced by one or two plain, barn sash or double hung windows. Maharry asked if the motion should include an option for chair and staff to decide on a window if the applicant can't find a barn-type sash or double hung window. Weitzel said that would be okay, or the motion could include a range of appropriate options. Carlson suggested allowing one or two four-light barn sash windows or one double hung window with no divided lights, a small one over one. Weitzel said that a barn sash can be obtained at a building center, and they're fairly cheap. He said that one can probably attach some kind of hardware to that to make it operabie. AMENDMENT TO THE MAIN MOTION: Gunn moved to amend the main motion to approve an application for a certificate of appropriateness for the construction of a shed at 628 North Johnson Street, as submitted, except that the slider window is to be replaced by one or two divided four-light barn sash windows or a double hung window appropriate to the style of the main house or some other option at the discretion of the chair and staff. Maharry seconded the motion. The motion carried on a vote of 9-0. 5 Bella Vista. Terdalkar stated that this is a contributing property in the Brown Street Historic District. He said the application is for the construction of a new deck at the rear of the property and adding on to an existing deck. Terdalkar said the footprint would be 11 by 13 for the one to be added onto the existing deck and 21 by 15 for the new deck to be built around a tree. Terdalkar said the decks would be above grade about 12 to 24 inches, so in some places there will need to be balusters and steps. He said the applicant intends to install baluster all around. Terdalkar said the material would be paintable wood. Meier, the contractor for the project, said he would use pressure treated wood for the posts, for beams, for joists, and for decking. He said the four by fours for the railings would be pressure treated, because it is yellow pine, and he has found that cedar does not last, nor is it strong enough. Meier said he would use cedar for the top board and cedar for the banisters in between. He said it would sit for a year, and then the owner would bring in someone to stain it. Meier said one deck is 15 feet from the house, and the other would be 16 feet from the house. Historic Preservation Commission Minutes June 8, 2006 Page 6 Weitzel said that as long as the Commission is assured that the deck will be stained, this should be okay. Meier confirmed that a maintenance person comes in once a year to do the staining. Ponto asked what kind of spindles the baluster would have. Meier replied that they would be two by twos. Weitzel asked if the deck would be visible from any direction. Meier responded that it might be briefly visible from a car coming down Bella Vista where there is a hill. He said that otherwise it is not visible. Terdalkar agreed that there is really only one spot from which this could be seen. MOTION: Maharry moved to approve a certificate of appropriateness for the project at 5 Bella Vista, as proposed. Terdalkar said the guidelines state that if any part of the deck or porch is highly visible from the street, it has to be paintable wood. Maharry commented that it has been determined that this would not be highly visible from the street. Ponto seconded the motion. The motion carried on a vote of 9-0. 409 Oakland Avenue. Terdalkar said that this application was previously tabled by the Commission, because there was not enough information regarding the reason for proposing a wholesale replacement of all of the windows in the house with metal clad wood windows. MOTION: Ponto moved to bring consideration of the application for 409 Oakland up from the table. Swaim seconded the motion. Weitzel said this was tabled because the Commission wasn't certain of the reason for the replacement. Terdalkar said that when he went by the house, he could see the storm windows, and there was no visible damage to the storm windows. He said there was certainly some paint peeling off and some putty that was visibly damaged on the windows. Terdalkar said he spoke with the contractor, who believed the owner wanted to replace the windows for energy conservation. Terdalkar said he suggested repair, if there is any possibility of it, because they have both storm windows and the existing window sashes. He said that he was unable to reach the homeowner for information. Bebout, the owner of the house, said there is deterioration on some of the windows, which is part of this. He said the other part of it is that he wants to change to something that obviously looks pretty much the same. He said however, instead of having the storms to be changed from screens, and he doesn't use the screens any more because they look worse in the summer with the screens on since they're on the exterior, the new would have the screens on the interior, and they wouldn't be visible and would be usable. Bebout said the house is not air conditioned; there is no central air. He said the upstairs is air conditioned with a wall unit that is visible only from the back. Bebout said the downstairs is not air conditioned at all, because the window units would have to go on the front windows. He said he is therefore trying to put in windows where one can actually ventilate and live in the house three months during the summer. Bebout said the tilt sashes would allow that much better than what he has, because he doesn't use the screens because of the way they look. Bebout said that a couple of windows were changed before this became a historic district. He said they are not divided lights but are basically solid windows. Bebout said the replacements would all be divided lights. Bebout said that because of the dimensions, only the sashes themselves have to be replaced. He said there would not have to be any tearing out of the frames, because the frame structures are still fine; it is the actual sashes themselves that have deterioration. Historic Preservation Commission Minutes June 8, 2006 Page 7 Gunn asked if these would be vertical vinyl tracks with sashes set into them. Bebout said they are actually wood, because they come primed. He said there would be wood on the exterior, and he believes it is clad with aluminum. Gunn said that these are metal clad wood windows. Terdalkar confirmed this. Terdalkar said that the windows would have a simulated muntin pattern. Weitzel said that the Commission has approved this kind of window before. Gunn said the brochure refers to "historically accurate details such as 7/8 true divided light at a level of architectural accuracy to virtually any renovation project." Terdalkar said the brochure that was submitted refers to simulated divided light. He said it will have separate muntin patterns on the glass surface on both sides. Weitzel said that both of those would be appropriate. MOTION: Ponto moved to approve a certificate of appropriateness for the replacement of windows at 409 Oakland Avenue, as proposed. Baker seconded the motion. The motion carried on a vote of 9-0. 942 Iowa Avenue. Terdalkar stated that this application is for the replacement of a window on the side, as shown in the packet. He said that currently it is a fixed pane, but it looks like the storm window has a vertical divide. Terdalkar said the owner wants to replace a window that he mistakenly cancelled. Weitzel said the owner basically wants to take a single sash and put in a double hung window. He added that what is there now is not historic. Ponto said the proposed window would look better. Maharry agreed. Swaim said that this house has some historical significance. She said that around 1918, the house was purchased by the Iowa Federation of Colored Women's Clubs for the purpose of housing black women students attending The University of Iowa, because it was difficult for them to find living quarters. Maharry said that would make the house eligible for grant money, because of the historic significance. MOTION: Maharry moved to approve a certificate of appropriateness for the replacement of a window at 942 Iowa Avenue, as described. Carlson seconded the motion. The motion carried on a vote of 8-0. MINUTES FOR MAY 25.2006 MEETING. Weitzel asked Commission members to submit typographical corrections to Terdalkar. Ponto said that on page four, in the eighth paragraph, the word "application" should be changed to "manufacturer's brochure." MOTION: Swaim moved to approve the minutes of the Commission's May 25, 2006 meeting, as amended. Gunn seconded the motion. The motion carried on a vote of 8-0. OTHER: Burford asked if the Commission had reviewed a request from the Summit Street apartments to replace a door on the ground fioor. Terdalkar said that an application has been submitted, and there would be an intermediate review, because this is a conservation district and it is just a door change. Weitzel said that 228 South Summit is a landmark property, even though it is in a Conservation District. He said it would therefore come before the Commission for review. Burford said she has been contacted by the Office of Civic Engagement at the University. She said that this summer the office has a group of people who they would like to place in volunteer opportunities on Tuesdays from 2 p.m. to 5 p.m. Burford said that there is a need to research and review properties on the near south side and asked if the Commission would be prepared to set something up. She said she would be willing to set aside time to work with this group of people to look at this. Weitzel said he thought that would be great. He said that the near south side is an area that has been targeted for redevelopment. Weitzel said that the City Council and the Planning Department is very interested in increasing the tax base in that area so that redevelopment is a high priority. Historic Preservation Commission Minutes June 8, 2006 Page 8 Weitzel said that historic properties are mentioned in the near South Side Plan as being taken into consideration. He said that to do that, the City will need to know what kind of context is there and the level of integrity of the preservation of buildings in that area. Weitzel said that this volunteer effort would basicaily take care of the survey. Burford said she spoke to Jack Porter earlier in the day to clarify the application process for grant recipients. She said that property owners who have multiple properties in either the historic or conservation districts will be able to apply for funds for each property. Burford said, however, that his position regarding the use of hardi-plank was not as encouraging. Weitzel asked if a commission was formed, as discussed, to review the applications. He said that at some point the State had mentioned having a member from Iowa City take part in the decision-making process. Terdalkar said he discussed this with Porter, who did not know. Terdalkar said he then asked Kathy Gourley to find out what the decision was. Terdalkar said that if nothing has been done yet, he would want to suggest that there be a Historic Preservation Commission member on the Commission at least in an advisory capacity, so that the State commission can be informed of the guidelines. Terdalkar said that Porter asked him to be present when the grant awards are decided. Terdalkar said that Porter informed him that fiber cement board is not consistent with the NPS guidelines for rehabilitation. Terdalkar said they would allow fiber cement board on the sides of a building that are not prominent facades of the building. Swaim said Porter told her that fiber cement board would be okay for an addition to a historic structure. She said he told her that the issue is in the repairing of a visible part of a building that has wood siding. Terdalkar said that HRDP funding can be used for a project that involves repair and restoration according to the guidelines. He said that fiber cement board wouid be acceptable on the side of a building that is not prominently visible. Terdalkar said, however, that wood should be on the front and any prominent facades. Maharry asked how many applications have been turned in. Terdalkar responded that only two applications have been submitted, but 15 or 16 applicants have met with the advisors. He said he would expect there to be between 16 and 20 applications, from both the historic and conservation districts. Maharry said he believed that the State legisiature did not include the conservation districts in the language. Terdalkar said that if a building is eligible for listing, it will be considered. Weitzel said that any building that is potentially eligible, in a conservation or historic district, would be considered. Carlson stated that the building can't just be contributing to a conservation district, it has to be individually eligible for the National Register. Weitzel said the Commission is also looking at an application for a historic district on Iowa Avenue. Brennan pointed out that siding alone doesn't disqualify a property, so the reason a house is non- contributing has to go beyond the mere presence of siding. Weitzel said that was not an accurate assessment when the survey was done, but he said that it was not an official survey either. Terdalkar said it has also been discussed that some consultants and/or historians who survey these properties give importance to certain things, and certain things are missed. Gunn pointed out that the Commission can change the status of a property, with reason, by ordinance and guideline. Terdalkar said that the deadline for the applications is June 13th. Burford said that those who live in a conservation district have been counseled to complete a site inventory form. Maharry asked if the appointed commission would rule at the time of review whether the property is individually eligible for the National Register and give the owner money based on that. Weitzel confirmed this. Burford said the only thing they are being difficult about is the hardi-plank. Weitzel said that Porter wants the front and prominent facades to be wood. Swaim said that Porter feels that fiber cement board makes a different kind of shadow line and never really looks like wood. Weitzel said the Commission chose hardi-plank as an appropriate synthetic alternative to wood, because it is a compromise position and is not plastic. Historic Preservation Commission Minutes June 8, 2006 Page 9 Weitzel asked Burford if the applicants were applying for the maximum funding amount. Burford said that she has seen the gamut. Maharry said the distributors of funding will determine if a property is eligible right then and there. Weitzel confirmed this. Maharry said that saves a step on the part of the Commission. Weitzel said that is true for individually eligible properties, but if the Commission wants to pick up properties that are not individually eligible but would be contributing to a district, then the Commission would have to go ahead and look at designation of a historic district right away. Terdalkar said Porter suggested that one could lobby to change the legislative language to allow state funding to eligible contributing properties in the conservation district. Terdalkar said that if the state funds can be provided to local landmarks, which in some cases are not listed on the National Register for Historic Places, they might be convinced to recognize contributing structures in conservation districts. Maharry asked if there was any new information about 17 South Governor. Weitzel said the Commission directed HIS to investigate the situation, but he has not heard anything back yet. Baker pointed out that the building is still not covered. Maharry asked what the next step would be. Terdalkar said that HIS has opened a file has tried to contact the owner and the care taker for the property. Weitzel said the Commission could ask HIS to give this an expedited review; othelWise, go to the City Council and ask that it have HIS do something about this. Burford said she learned that grant funds can actually be used for acquisition of a property. Terdalkar stated that Colette Pogue contacted him regarding the Montgomery Butler House. He said that Pogue sent a letter to the Commission asking why anything has not been done to preserve the house. Terdalkar said that the building has been 'moth-balled', both the house and the site need a lot of work. Weitzel said that Marlys Svendsen is looking at the property as part of the Preservation Plan. Terdalkar said that Kerry McGrath has suggested to him that the property couid be eligible for the Historic Site Preservation Grant money. Terdalkar said that it is a matching grant from and the grant request should be minimum $40,000 up to $100,000. Weitzel said that Svendsen had a plan for addressing this, with or without the Preservation Plan. He said that Svendsen was told that someone was going to buy the property, and then Svendsen stopped looking at a course of action for the property. Weitzel said that he has not heard of anyone being serious about buying the property. He pointed out that the City Water Department did not want anyone living so close to the water supply. Maharry said that this would be his last Commission meeting, as he would no longer be a resident of Iowa City. He stated that as part of the Muscatine Cultural Alliance fundraising efforts, one option for donors is to earmarik their donations to the Muscatine Historic Preservation Commission. ADJOURNMENT: The meeting was adjourned at 7:45 p.m. Minutes submitted by Anne Schulte pcdlminuteslHPCI2006HPCrninut8sI06-OB-06.dOC Historic Preservation Commission I Attendance Record 2006 Term Name Expires 01/19 0219 02/22 03/16 04/13 04/27 05104 05/11 05/18 OS/25 E. Baker 3/29/09 -- -- -- -- -- -- -- -- -- -- X X X X X M. Brennan 3/29/08 X X OlE OlE X X X X X X R. Carlson 3/29/07 X X X X X X X X X X J. Enloe 3/29/06 X X OlE OlE -- -- -- -- -- -- -- -- -- -- -- -- M. GURn 3/29/07 X X X X X X X X X X M. Maharry 3/29/08 X X X X X X X OlE X OlE M. McCallum 3/29/06 X X X X -- -- -- -- -- -- -- -- -- -- ---- P. Michaud 3/29/09 ---- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X J. Pardekooper 3/29/07 X X X 0 -- -- -- -- -- -- ---- -- -- -- -- J. Ponto 3/29/07 X X X X X X X X OlE X M. SchattenulD 3/29/09 -- -- -- -- -- -- ---- X -- -- -- -- -- -- -- -- -- -- I G. Swaim 3/29/09 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X J. Weissmiller 3/29/06 0 0 0 0 -- -- -- -- -- -- -- -- -- -- -- -- T. Weitzel 3/29/08 X X X X X X X X X OlE Key: X = Present 0 = Absent OlE = Absent/Excused I NM = No Meeting -- -- = Not a Member I