HomeMy WebLinkAbout1986-06-03 Bd Comm minutesJ J.11 SUBJECT TO BTC APPROVAL
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MINUTES
BROADBAND TELECOIMIUNICATIONS COMMISSION
APRIL B, 1986 - 8:00 A.M.
CIVIC CENTER CHAMBERS
MEMBERS PRESENT: Johnson, Twaler, Ehninger, Terry
MEMBERS ABSENT: McGuire
MEMBERS EXCUSED: McGuire
STAFF PRESENT: Shaffer
OTHERS PRESENT: LeValley, Dewey McGuire, Williamson, Beeson, Blough, Scott
Zimmerman
RECOMMENDATION TO COUNCIL:
BTC recommends that the Interactive Cable Television System as demonstrated
by Shaffer be used on an experimental basis on the Government Access Channel
29.
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN:
Minutes of the meeting of February 18, 1986, approved unanimously.
Election of Chair and Vice Chairpersons. Terry elected Chair. Ehninger
elected as Vice chairperson.
Shaffer and a small group call TRIS (Telecommunications Research and Informa-
tion Systems) have been developing an Informational Interactive Cable Televi-
sion package for use on cable TV and closed circuit systems. This
interactive package is called the IGIV system (Interactive Guide to Informa-
tional Video). It allows viewers at home to access information bases, graph-
ics, digitized video, etc. through the use of a touch tone phone while
watching the information they requested appear on their home TVs (through a
cable channel, such as Government Channel 29). The information and graphics
available for viewers can vary considerably, depending on who is offering the
service. Shaffer demonstrated this system with the intention of showing how
it could be used by the City and other institutions that have cable channels.
On May 3rd Shaffer will demonstrate this IGIV system to a regional cable TV
conference with a City government database composed of actual examples and
information from a variety of Iowa City departments. Several City depart-
ments have expressed interest in utilizing a system like this.
A recommendation to the Council to install this IGIV system on an experimen-
tal basis on Government Channel 29 was moved by Johnson. Seconded by Terry.
Unanimously approved.
Performance Standards negotiations for Public Access Channel 26 have been
finalized by the company and Shaffer. Shaffer is now awaiting approval of
these standards from Ehninger and McGuire, the Access Subcommittee.
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Broadband Telecommunications Commission
April 8, 1986
Page 2
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An Archive Policy is now in the development stages. The Archive Policy will
set out a standard way for community produced programs to be saved. The
standards will include content or topic and technical guidelines as well as
how such programs will be physically saved and stored.
The Public Assisted Housing Department is interested in being connected to
the INET. According to Blough it will cost $30 to $35 to connect the Davis
Building, where Public Assisted Housing is located, with one connection.
BRAVO has been launched and has experienced some microwave interference. This
problem has been temporarily cleared.. There are currently 200 subscribers to
BRAVO. Heritage will continue to run advertisements to increase viewer
awareness of BRAVO.
Heritage cut down on access outreach efforts during the month of February due
to the turnover of part-time staff and the training of 20 interns.
Terry requested that all complaints about or to the Community Programming
Center be made in writing and submitted to the Commission. This suggestion
was made in an attempt to ensure that the nature of these complaints can be
adequately and accurately addressed.
The BTC went into Executive session to discuss the contractual situation with
Heritage. Legal staff and Council representatives were present.
MEETING CALLED TO ORDER:
Terry called the meeting to order at 8:07 a.m.
ANNOUNCEMENTS:
Terry requested brevity in this morning's meeting to allow for preparatory
time prior to the executive session which is to immediately follow the BTC
meeting.
MINUTES:
Motion to accept the minutes of February 18, 1986 by Johnson. Passed unani-
mously with corrections made previously by McGuire.
PUBLIC DISCUSSION:
Inquiry made by Ehninger regarding the possibility of waiving the entrance
fee for Commission members to the NFLCP conference in May. Dewey McGuire
will investigate this request.
ELECTION OF BTC CHAIRPERSON AND VICE CHAIRPERSON:
Terry was nominated to continue as chairperson by Ehninger. Seconded by
Johnson. Terry accepted. Unanimously approved. Terry did mention that he
accepted the chairpersonship with some reservation because he wasn't sure how
healthy it is for any commission to have the same chairperson for as long as
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Broadband Telecommunications Commission
April 8, 1986
Page 3
he has been. However, the other commissioners assured Terry they believed
him to be doing a good job and is still the best person on the commission for
this job.
Ehninger nominated as vice chairperson by Twaler. Seconded by Johnson.
Unanimously approved.
INTERACTIVE CABLE TELEVISION DEMONSTRATION:
Shaffer presented the IGIV system, developed by himself and TRIS (Telecommu-
nications Research and InformationSystems). This system enables home view-
ers to interact with information presented over their home TV using a touch
tone phone. There will be no consumer expense other than the cable subscrip-
tion. While still in the experimental stages, there are several possible
applications of IGIV. For the purposes of demonstration only, the following
categories were displayed: Bank information/Transactions, Shopping and
Entertainment Guide, Legal Information, Games, Educational Programs, Job
Opportunities, Cable TV Guide information. Shaffer will present 15 catego-
ries of information that are actual Iowa City government categories and
topics at the NFLCP cable regional conference at the Holiday Inn on May 3.
This system uses a micro -computer with a modem (expandable to 300 Megabytes)
connected via cable to a television set. At present it is a single user
system.
Further experimentation is being done to refine lettering type and graphics,
as well as a variety of other things such as music, digitized video and
genlock applications .
Shaffer's ideas in creating this system with TRIS were to find an inexpensive
interactive database oriented system which could be used through the access
channels by institutions who have little funding, but still have information
and citizen audience/client needs. Such a system would allow citizens easy,
quick, inexpensive and documentable access to information that they otherwise
wouldn't have access to or would have to hunt to find. The documenting
aspect of IGIV enables the provided of information to record how many calls
were received and exactly how many areas of information were accessed as well
as how frequently they were accessed. This can be very valuable. In addi-
tion, the IGIV system has a registration or sign in capability, so citizens
could sign up for activities and/or give responses to quotations presented.
The cost to the City to install a similar system is roughly $4,500.00.
Through a survey Shaffer identified many City departments which have
expressed an interest in such a system. The copyrights and patents pertain-
ing to this IGIV system belong to TRIS.
There are several benefits in the use of this system including increased
accessibility of information to citizens and reduced publication costs to the
City and its departments.
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Broadband Telecommunications Commission
April 8, 1986
Page 4
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A motion was made by Johnson to recommend to City Council to use this system
on the Government Access channel 29 on an experimental basis. Seconded by
Terry. Approved unanimously. Terry expressed gratitude and his appreciation
to Shaffer for his work, especially as it will benefit the city.
In order to expand the system to handle multiple users, the system requires a
special cable box or adaptor. This is a later stage of development for the
system.
BTS REPORT:
Shaffer received six complaints since the last meeting.
Performance Standards for Public Access Channel 26 have been finalized by
company and Shaffer. These performance standards set out clearly what goals
and objectives the cable company is to work towards while administering and
operating Public Access Channel 26. Shaffer is awaiting approval from
Ehninger and Mcbuire. An archival policy is in the developmental stages and
will be presented to the Commission at a later date.
Shaffer asked LeValley and Blough if they had any problems with putting the
National Heather audio service on Channel 26 when the character generator is
on. Neither Blough nor LeValley expressed any problem with this idea.
There was a question to Blough regarding the answering device which was
installed to answer subscriber cable during outages. This device is pro-
grammed to transmit messages in the event of an emergency and also includes
information about service outages. Terry questioned if this was actually in
use as it failed on one such outage. Blough said as far as he knew, this
machine was in fine working order.
Upon inquiry from Shaffer, Blough indicated there is no plan to replace any
access equipment at this time. First, an agreement on the NPO/5% issue with
the City must be worked out.
Shaffer needs workshop participant forms from LeValley. There was a require-
ment agreed to by Heritage during the Triannual Review. The workshop forms
enable citizen participants to evaluate and give feedback concerning the
workshops. The forms are supposed to go to Shaffer, and were sent to Heri-
tage in January of 1986, yet no forms have to date been returned to Shaffer.
LeValley will check on the forms and get back to Shaffer.
Public Assisted Housing is interested in being connected to institutional
network. This will cost $30-S35 for one line. This department is in the
Davis Building. The intent is to connect the Assisted Housing department's
personal computer with the host computer in the Civic Center using the INET.
HERITAGE REPORT:
BRAVO has been launched but is experiencing microwave interference. This has
been temporarily rectified. There are currently 200 BRAVO subscribers. There
seems to be an identity problem with BRAVO. Heritage will continue to run
advertisements and preview series to attract additional subscribers.
P
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Broadband Telecommunications Commission
April 8, 1986
Page 5
Programming for BRAVO consists of international foreign films, both dubbed
and subtitled, and musical entertainment.
COMMUNITY PROGRAMMING:
Programming on Public Access Channel 26 has increased. Channel 26 now plays
back 40 hours per week of prog n
Outreach was reduced due to change in part-time staff and intern training.
Twenty interns were trained.
Terry received a ng
complaint from urther complaintsuniversity besubmittedgin writing�to
conflict. Terry is requesting problems can be more accurately
the Commission or BTS, so that complaints and
addressed.
An inquiry was made by Johnson as to t. Le Valleyphasosent lettersn in access et programming
of the Catholic Churches in Iowa City. ro ramming. Some members
organizations oin n Speaker's City
yCto explain community programming.
have app
NEW BUSINESS:
None.
EXECUTIVE
Motion to move to executive session by Terry as per Chapter 21.5 subsection
o of the Iowa Code, in order to discuss strategy with counsel in matters
inent wh
that are presently in litigation
e udi eor eor disare dvantageation s themposition eof the
disclosure would be likely top j.
governmental body in that litigation. Seconded by Johnson. Unanimously
approved. Adjourned at 8:45 AM to Executive session.
ADJOURNMENT:
ession. Seconded by Twater.
Moved by Johnson to adjourn from Executive s
Passed unanimously. Adjourned at 10:15 A.M.
Respectfully submitted,
6ha, er
BTS
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MINUTES
IOWA CITY RIVERFRONT COMMISSION
WEDNESDAY, MAY 7, 1986 - 7:30 P14
IOWA CITY SENIOR CENTER CLASSROOM
MEMBERS PRESENT: Daly, Gerleman, Helmer, McGuire, Wachal, Watson,
Wielert
MEMBERS ABSENT: Leo, Lovell, Wallace
STAFF PRESENT: Rockwell, Tworek
OTHERS PRESENT: Maya Anokar, Mike Ellis, Peg McElroy, Allen Stroh,
Kathleen Uehling
RECOMMENDATION TO COUNCIL:
None.
CALL TO ORDER:
Chairperson Helmer called the meeting to order at 7:35 PM.
REVIEW AND APPROVAL OF APRIL 2, 1986 MINUTES:
Daly moved and Wielert seconded the motion to approve the April 2, 1986
minutes. Motion carried.
STUDENT PRESENTATION:
Slide Show of Riverbank Erosion
Mike Ellis, a University of Iowa Geography student, presented slides on
river erosion in the area near Highway 6. Ellis showed places south of
Highway 6 where the riverbank was 50% undercut and large trees were lean-
ing into the river. He had slides of 1) areas of attractive riprap hold-
ing the riverbank in place (west of Hills Bank and along the river
frontage of the City Water Treatment Plant), 2) high banks where large
slabs of concrete were dumped with no apparent structural placement for
erosion control and 3) places where junk, such as tires, concrete, a
picnic table and even a washing machine were haphazardly dumped and have
become an aesthetic problem.
Wachal asked if erosion control was possible on the high, almost vertical
banks. Ellis stated that the bank can be cut back and shaped to decrease
the slope. Wachal inquired about cutting trees to curb erosion and Ellis
concurred with that possibility. Watson wondered whether 40 and 50 year
old trees falling into the river was a new problem. Ellis responded that
there may be more problems in recent years because of the continual high
flows from the Coralville Reservoir. Watson asked if riprapping alone was
sufficient to prevent tree loss and bank erosion. Ellis suggested that
cutting back trees on the edge and pulling out downed trees in addition to
riprapping would be more effective.
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Iowa City Riverfront Commission
May 7, 1986
Page 2
Wielert thought it would be interesting to have a botanist do core and
flood scar examinations of the trees along the river. He added that the
magnitude of the problem depended on the riverbank erosion time frame. He
wondered if it would be possible to gain a better understanding by compar-
ing old photographs of riverbank areas with those taken more recently.
Daly asserted that the erosion rate could be more readily determined by
looking at such factors as river flow, soil conditions and stabilization
measures.
Wielert mentioned the old cars sighted on the Riverfront Commission canoe
trip. He said that they looked as though they had been working well as
riprap (bank stabilizers) for more than 20 years. Daly agreed that car
bodies make good riprap, but they can also alter the channel and do not
contribute to the scenic value of the river. Daly suggested that buried
tires which are interlocked with cable serve as excellent bank stabiliz-
ers. He added that the tires can also be hidden with rock riprap. Ellis
stated that some people use tires as a stabilizing base and plant seed-
lings in the tires. Helmer suggested using latticed cement for riverbank
erosion control.
Results of Riverbank Erosion Survey in Iowa City
Kathleen Uehling, University of Iowa Planning student, presented a report
on survey results, and submitted color -coded maps, which showed a cluster-
ing along Normandy Drive of respondents who had indicated having problems
with erosion. Helmer suggested that the erosion control pamphlet should
be targeted to persons experiencing an erosion problem. Uehling stated
that the people surveyed wanted information on riprap techniques. They
perceived it as a workable, attractive although somewhat expensive solu-
tion. The respondents also indicated that plantings did not seem to work
for erosion control and most were opposed to using tires.
Watson mentioned that when he replaced a sidewalk, he had received several
calls from people wanting to use the old walk as riprap. He wondered if
there could be a mechanism in the City to match sidewalk discards with
rip --rap needs rather than filling up the City landfill with rubble.
Helmer asked if the City would be willing to break up the cement and
deliver it. Gerleman stated that the City already uses all the cement
chunks in its possession on city -owned property. Watson reiterated that
he would like to see a stockpiling of private sidewalks for use as riprap.
Uehling suggested that the Commission might want to establish a matching
service.
Helmer recommended that the erosion control booklet include a list of
concrete contractors. Daly indicated that most contractors won't go out
of their way to haul riprap to private property owners. Wachal asked
that expensive methods of riprapping not be excluded from the booklet;
that a range of alternatives should be presented. Daly requested that
ways to dress a bank also be included. Helmer asked Ellis to keep the
booklet brief: 3-10 pages.
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Iowa City Riverfront Commission
May 7, 1986
Page 3
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Daly recommended that the Commission consider sharing this information
with riverfront property owners in Coralville and Johnson County as well
as in Iowa City. It was recommended that 100-200 copies be published.
Ellis and Uehling were thanked by the Commission for their efforts.
PLANS FOR IOWA RIVER MONTH CELEBRATION, JUNE 1986:
Mayor's Youth Employment Program
Helmer introduced Peg McElroy, Director of the Mayor's Youth Employment
Program, who explained the program and the interest in having a riverfront
conservation project. A team of six teenagers could be assigned to work
for the Riverfront Commission between June 17 and July 25. McElroy shared
the summer schedule and program requirements with the Commission. Such
projects as riverfront cleanup, clearing and planting were suggested.
McElroy stated that the only requirement of the Riverfront Commission
would be to provide a supervisor for the teenagers. Commissioners sug-
gested possible supervisors, such as students, retired persons, fraternity
members, representatives from the Riverfront Commission and/or Project
GREEN, or a supervisor hired from the Mayor's Youth Employment Program.
Salary costs were cited as prohibitive for the zero -budget advisory Com-
mission.
McGuire stated that more bank would be exposed for the youth to work on
toward the end of July. She thought that having six teenagers from
July 14 to July 25 would be most workable. McElroy asked that the River -
front Commission send a representative to the Mayor's Youth Employment
Program kickoff meeting on May 28. The Commission decided to confirm with
McElroy by May 20 whether the Riverfront Commission could be actively
involved with the Mayor's Youth Employment Program this summer.
Riverfront Cleanup Day
Gerleman and Helmer reported that preparations for a Riverfront Cleanup
Day needed to be made nearly a year in advance in order to arrange for
organizational commitments, publicity and business community support.
They recommended that a cleanup day be planned for next year. The Commis-
sion concurred with their recommendation.
Safe Boating Week, June 1-7, 1986
Helmer presented the safe boating flier he had prepared for posting in
public areas such as on buses, and in bait shops, marinas, etc. Daly
volunteered to help post the fliers and McGuire volunteered to check into
whether the County would enclose the flier with boat license renewals.
Photo Contest
Eighteen photos were submitted for the contest. The judges will decide
the top three winners and six honorable mentions by May 13 and will get a
press release the next day. Rockwell said that Project GREEN had given
$100: $50 for first prize, $30 for second and $20 for third. The winning
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Iowa City Riverfront Commission
May 7, 1986
Page 4
pictures will be shown during an awards ceremony at the June 17 City
Council meeting, and displayed in the Iowa City Public Library from June
18 to July 11.
Library Display.
McGuire reiterated that the winning photos would be enlarged and displayed
on the lobby wall space at the Iowa City Public Library. Shirley Wyrick's
sculpture will be displayed in a glass case in the library lobby, and at
the same time Mike Ellis' continuous slide show on urban stream bank
erosion control will be presented 2-3 times a day on the library's lobby
wall screen.
Awards Ceremony
The ceremony is tentatively set for June 17. Suggestions for a special
recognition award included the Interfraternity Council Alpha Phi Omega who
annually do an extensive riverfront cleanup job and Shirley Wyrick, who
conceived and is constructing "The River" sculpture for the new Johnson
County office building. The Commission deferred a decision on a special
recognition award until the June 1986 meeting.
PROPOSAL BY TERRELL MILL PARK CDBG COMMITTEE
Daly reported that the Committee had met with Bob Howell, Parks Superin-
tendent and Kay Gillies, Project GREEN representative to site three
benches in Terrell Mill Park. Daly presented photographs of the sites and
two sites he would recommend for next year. Wielert suggested that wheel-
chair access be considered as part of next year's CDBG application.
URBAN ENVIRONMENT AD HOC COMMITTEE REPORT
Wachal described.the focus of the Urban Environment Ad Hoc Committee on
buffers and entryways. He also mentioned the June 7, 1986, UEAHC bus tour
of environmentally sensitive areas in Iowa City. Daly suggested that the
tour include the Highway 6 view of the river.
ADJOURNMENT
The meeting was adjourned by acclamation at 9:15 PM.
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MINUTES
IOWA CITY HOUSING COMMISSION
MAY 13, 1986 - 9:25 A.M.
IOWA CITY PUBLIC LIBRARY
MEMBERS PRESENT: Watts, Dawson, Streb, Newton and B. Moore
MEMBERS ABSENT: J. Moore and Barfuss
STAFF PRESENT: Barnes, Milkman, Seydel and Henderson
RECOMMENDATIONS TO COUNCIL: (Extracted for meeting of May 20) That Council
approve application for twenty-five additional Section 8 Existing Housing
vouchers.
MEETING TO ORDER:
There being a quorum present, the meeting was called to order at 9:25
by Seydel, who acted as temporary chair.
ELECTION OF OFFICERS:
The first order of business was the election of officers and Seydel called
for nominations. Moore nominated Watts for Chairperson and Dawson for
Vice Chair; nomination seconded by Streb. There were no further nominations
and Seydel called for a unanimous vote which passed 5-0. Watts then continued
the meeting as Chairperson.
MINUTES:
The minutes of the April 8 meeting were approved 5-0 on a motion by Watts,
seconded by Moore.
RENTAL REHABILITATION:
Milkman and Barnes presented information regarding Rental Rehabilitation/Owner
Occupied programs and answered questions for the benefit of new board
member. She then presented a request for a Rental Rehabilitation loan
in the amount of $8,000 on a unit at 403 S. Lucas. It was moved by Newton,
seconded by Dawson and approved 5-0 to grant this request. Barnes next
presented a request for another Rental Rehabilitation loan in the amount
of $5,000 for a duplex at 712 E. Fairchild. A motion was made by Moore,
seconded by Watts and approved 5-0 to grant request. Barnes then presented
a request for a Forgivable Loan'in the amount of $13,415 on a property
located at 808 6th Avenue. She stated that this property is 15% in the
floodway and discussed HUD requirements related to this situation, indicating
that flood insurance would be required. Discussion followed and it was
moved by Moore and seconded by Dawson to approve this request contingent
upon HUD and FEMA approval.
COORDINATOR'S REPORT:
Section 8 Update - Seydel reported that $93,392.75 had been paid for May
1 Housing Assistance Payments on 462 leases, 4 of which are vouchers totalling
$782, for an average monthly HAP of $202. There were 25 late starts and
28 applications were submitted for approval. Seydel indicated that HUD
had issued a call for applications for vouchers and requested Commission's
support in applying for 25 additional Section 8 Existing Housing vouchers.
A motion was made by Streb, seconded by Dawson and approved 5-0 to recommend
that Council approve application for 25 vouchers. Public Housing Update
Seydel stated that the Public Housing Program remains at full occupancy.
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MINUTES
IOWA CITY HOUSING COMMISSION
MAY 13, 1986
PAGE 2
There will be one turnover in May and a new tenant has been selected to
occupy the unit.
PUBLIC DISCUSSION:
No public discussion. Watts appointed Tom Newton as Appeals Board member
with Ben Moore and Jim Barfuss as alternates.
There being no further business, the meeting was adjourned at 10:20 a.m.
Approved:
Gary Watts
Chairperson
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MINUTES
CIVIL SERVICE COMMISSION
MARCH 26, 1986 - 12:30 P.M.
RECREATION CENTER - ROOM B
MEMBERS PRESENT: Walker, Maxwell, Murphy (arrived 1:00)
STAFF PRESENT: Steinbach, Timmins
OTHERS PRESENT: Donner, Craig, Fiala, Rocca, Stutzman, Giesking, Brenneman,
Dell Richard
Appeal Hearing - Elmer Brenneman
A list of the submitted evidence is as follows:
1. February 28, 1985 memo from Anne Carroll to the Civil Service Commission.
2. March 26, 1985 Civil Service Commission agenda.
3. April 12, 1985 memo from Anne Carroll to all Fire Department personnel.
4. September 24, 1985 Civil Service Commission meeting minutes.
5. September 27, 1985 memo from Anne Carroll to Members of the Fire Depart-
ment.
6. October 28, 1985 memo from Anne Carroll to Members of the Fire Depart-
ment.
7. January 11, 1986 Civil Service Commission meeting minutes.
8. January 28, 1986 Civil Service Commission meeting minutes.
9. January 30, 1986 memo from Anne Carroll to all Fire Department personnel
re: Promotional Testing - Fire Captain.
10. January 30, 1986 memo from Anne Carroll to all Fire Department personnel
re: Promotional Testing - Fire Lieutenant.
11. March 11, 1986 Civil Service Commission meeting minutes.
12. Cover letter and Mr. Richard's statement of appeal on behalf of Mr.
Brenneman dated March 17, 1986.
13. March 12, 1986 memo from Sylvia Steinbach to fire promotional candidates.
14. Raw test scores, memos dated March 3, 1986.
15. March 18, 1986 Civil Service Commission meeting minutes.
16. March 24, 1986 letter from Richard Connell.
Mr.Richard stated the two issues of concern were: 1) the notice issue, and
2) the testing validity issue. Richard cited the principal code section
governing the Civil Service Commission as Iowa Code Section 400.9, paragraphs
1 and 2. Richard stated he felt the notification procedure adopted by the
Commission did not result in the test being properly conducted. Richard
stated that the February 28, 1985 memo provided certification eligibility
for the Captain's list and the April 12, 1985 memo again provided certifica-
tion and eligibility criteria for the Captain's list. Richard stated that he
believes the January 30, 1986 memo was the document used to notify the fire-
fighters with respect to the criteria by which they were going to be tested
and was used to fulfill the legal statutory obligations of Chapter 400.9.
Richard said the January 30 memo had the scheduling of tests, criteria for
participation in the testing and interview process and testing weights on
it but it did not contain any notification of the eligibility for certifica-
tion criteria for the Captain's list. Richard stated that since firefighters
were not a part of the past discussion by the Civil Service Commission, it
was reasonable for the firefighters to believe that the eligibility for
?0? 1
Civil Service Commission
March 26, 1986
Page 2
`I
certification requirements had changed from the past memoranda. Richard
claimed that since the certification criteria for the Captain's list was not
present on the January 30 memo, the previous criteria contained in the ear-
lier memos was no longer in effect. Richard pointed out that the Fire-
fighters were not notified that they must pass the Lieutenant's test in order
to be considered for the Captain's test. In summary, Richard stated that the
Civil Service Commission was required by statute to adopt, publish and post
the rules of testing, which they fulfilled by the January 30 memo. However,
this memo omitted a critical issue, that of being certified on the Lieuten-
ant's list in order to be considered for the Captain's list. Richard stated
that the Commission notified the Firefighters by inference, if not directly,
that certification on the Lieutenant's list was no longer a criteria by which
he would be judged in order to be considered for the Captain's list.
The appropriateness of the appeal (deadlines and dates) was discussed
briefly. Murphy questioned the event giving rise to the appeal. Richard
stated that the event which caused the appeal was the reaffirmation of the
decision that certification on the Lieutenant's list was a precondition for
certification on the Captain's list which took place after the test was
given.
Murphy asked if Brenneman would have appealed if he had passed the Lieuten-
ant's test. Richard stated that Brenneman would not have appealed the proc-
ess had he passed the Lieutenant's test.
Walker clarified that the question of certification has not been determined
yet. The question decided at the earlier meeting was whether to proceed with
interviews or not. Walker stated the decision concerning the certification
which the appeal addresses has not yet been made.
Timmins responded to the notice issue by stating that the Civil Service Com-
mission can prescribe, publish and post in any broad, general way. Timmins
claimed that prescribe meant any form of adoption by the Commission or by
simple motion on recommendation by City staff. He also said that publish and
post can be one and the same act. There are no Iowa cases dealing with the
criteria for notice. Timmins stated the testing procedure had to be looked
at in total, starting back in February 1985 when Anne Carroll made recommen-
dations to the Commission on the eligibility criteria, testing procedure,
etc. for both the Lieutenant and Captain tests. Timmins pointed out that
these recommendations were subsequently adopted by the Commission at the
April 12, 1985 meeting. Timmins stated that the February 1985 memo from
Carroll clearly stated the eligibility criteria for the Captain's list as did
the subsequent memos. Timmins contended that the notification as stated in
the April 1985 memo was still in effect when the January 30, 1986 memo was
posted. Timmins stated that nothing in the January 30, 1986 memo revoked or
repealed any earlier action by the Commission, it just updated the earlier
memo. Timmins stated that the rules, as adopted by the Commission in April
1985 were never changed and therefore the Commission was in compliance with
Section 400.9 of the Iowa Code. The memo in January, 1986 was just an update.
Richard disagreed with Timmins' contention that the April 1985 memo was still
in effect. Richard cited that the Commission had, in October 1985 postponed
indefinitely the testing procedure, therefore, the firefighters believed that
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Civil Service Commission
March 26, 1986
Page 3
any further activity dealing with the testing was cancelled. Richard pointed
out that the firefighters were under the impression that the Commission would
notify them of the new rules and dates later in the year. Richard stated that
mwhen ade soethewfmrefighters were correct infassuming thatethe eligir of bilityes acrbten
ria thatard stated
for
because fo cl
ofation on the the changes Cint the sJanuary list a 30,1s1986amemo, hehCommission
could because
longer claim that the procedures adopted in April 1985 still ap-
plied.
Timnins stated that the October memo postponing testing was clearly just o
postponement of the test date. Timbe
indication that test procedures or, pointed out that the memo gave eligibility criteria would or should be
id
ake
thesechanges and
tchangeshns said t
were clearly�identifiedeand postednin the mJanuary e30 memo. This
memo did not i
ndicate that the whole testintherocedure n the �Januaryy30rmemo
ria had been changed. Timmins supported
was just an update to the earlier adoptions made by the Comnission in the
Spring of 1985.
rtion
Walker askeealotmustRichard
decidedi based ns nontthe substantial that tcompliancehe notice poissue.
of this app
Both agreed.
Walker asked Richard if his argument a the notice issue as Captain's list as opposedto t eligibility
requiremethat thre was
nts was related solely to- Ricard the
Lieutenant's
evidence before the Comm
list hissi. dconeerning Mr. Brenneman'sdpersonale
knowl-
no
ed
ede about the rithought he had ton if he
gpassmthesLieutenantfor certifscwritten testewithk70%Bscoremin order
to be Brennemanetheesamefor
questionLieutenant.
relatingrton the Captain's eman stated
e test.
s. alkBrennemanthen srea
sponded yes. Walker asked Brenneman if he thought he had to pass the Lieu-
tenant's test in order to be interviewed on the Captain's test. Brenneman
responded no.
Timmins Captain'e for the
askedstBrenneman mif
ffhe was
bewone thetLieutenant's in order to blist�giblBrenneman
responded the
tain
st
me
ot
ththe Lieutenant's At this timenWalkerar
onequestedithat theyimoveuonnto
the testing validity issue.
Richard pointed out that under this outcome, statistically speaking, the 70%
passed the Lieutenant's test.
Richard stated that only one of 15 firefighters
cutoff was not a reasonable cutoff. Richard further supported his argument
previousgtestitrmakenthean had Captain's lired st.
tall Richardobeli�evedtest
thatand
thenthe
Cap-
tain's test was fair and that the scores had a normal bell-shaped curve where
cthe Liuteant's tet utoffewasntoo highs
for �the o Lieutenant's test. t. in Richards ndRichard this incitedefrom aa Supreme
Court decision that the Commission has a great deal of discretion in estab-
thati tha cutoff ey should pdefer toetheu judgmentdofcuthedCommissiond sislong gas the
Civil Service Commission
March 26, 1986
Page 4
-I
Commission's procedures were within their scope of authority. In discussing
the cut-off score the Court clearly states the Commission has the power to
set a cut-off score but in evaluating that cutoff, sound testing principles
must be used. Richard claimed the Commission did not use sound testing prin-
ciples when establishing the 70% cutoff for the Lieutenant's test. Because
only one person passed Richard claimed there was probably something wrong
with the test.
Timmins stated that perhaps the reason for only one in 15 passing the test
was that it was a new test and perhaps more technically sufficient than past
exams. Timmins also pointed out that the IPMA test has been content vali-
dated. Timmins did note that the test had not been criteria validated for
Iowa City. Timmins stated that the Commission had the right to set a cutoff
point and as long as it fairly applied that cutoff, it could be upheld.
Timmins also stated that to lower the standards now that the test has been
given would not be fair.
Richard questioned if IPMA made any recommendation regarding passing scores.
Walker pointed out exhibit 83 which stated that the City requires 70% as a
passing mark in order to continue in the selection process. Timmins pointed
out that IPMA does not recommend for or against a 70% cut-off. This is up to
the broad discretion of the Commission.
Walker stated that the second argument is addressed to the Lieutenant's test.
Walker asked Richard if his position is that it is improper for the Commis-
sion to use the Lieutenant's test because it is unfair to his (Richard's)
client). Richard stated that is correct. Walker asked if the question is
reasonability and all agreed.
Timmins stated that the Commission must decide the first issue first and then
decide what to do with the Lieutenant's test. Depending on how the notice
issue is determined the second issue may not need to be addressed.
Commissioners had to adjourn at this time however they set up a meeting to
discuss the appeal on Sunday, March 30. Notice will be posted.
_A1
MINUTES
CIVIL SERVICE COMMISSION
MARCH 30, 1986 - 7:00 P.M.
IOWA CITY COUNCIL CHAMBERS
MEMBERS PRESENT: Walker, Maxwell, Murphy
STAFF PRESENT: Steinbach
OTHERS PRESENT: Craig, Rocca, Mrs. Rocca, Chief Donner
Firefighter Craig corrected minutes of Civil Service Commission meeting of
March 18, 1986, by stating that in response to Walker's questions, he (Craig)
stated that Walker would have heard "more of the same" at the Central Fire
Station, not that Craig agreed.
DELIBERATIONS CONCERNING BRENNEMAN APPEAL:
Maxwell questioned why the Patch case was presented as evidence for
Brenneman. He felt it upheld the Commission's right to set standards as they
had. Walker stated it was given to the Commission to tell them what they
could and couldn't do as far as standards were concerned. Page 464, para-
graph 2, tells what the standard is that has been applied by the Supreme
Court. Walker stated that the Patch case was used by Brenneman's attorney to
show that if the Commission didn't act the way Brenneman wanted the Commis-
Sion to act, the Commission could be considered arbitrary, capricious and
unreasonable.
Maxwell also brought up the three postings, two of which stated eligibility
for certification and one which did not. Maxwell felt that the omission on
the last posting was not purposeful. He stated that the Commission had not
changed their policy on certification eligibility and it was just an inadver-
tent omission. Murphy expressed the feeling that an inadvertent omission was
not sufficient evidence to excuse it. He felt that the last posting implied
the eligibility criteria from the previous two. Murphy noted that the eligi-
bility criteria were not contained in the third posting, although they had
been repeated in the previous two postings. He felt the Commission must go
by the information on the most recent posting.
Walker made several points concerning the exhibits presented at the appeal
hearing.
1. Exhibit #I, page 2, (memo dated February 28, 1985, from Anne Carroll to
the Commission). This memo clearly stated the certification and eligi-
bility requirements which were approved by the Commission.
2. Exhibit M1, page 4. Under the section titled Passing Scores it was
recommended that the Commission set a 70% passing score which could be
reevaluated for appropriateness after the test. Maxwell was concerned as
to whether the 70% passing mark set by the Commission in the February 28,
1985, memo was for that particular exam or for subsequent exams. Walker
responded that he could not tell but that the Commission had already
decided not to change the standards retroactively.
96? 9
Civil Service Commission
March 30, 1986
Page 2
3. Exhibit #3 (memo dated April 12, 1985, from Anne Carroll to Fire Depart-
ment Personnel). In this memo the certification for Captain was the same
as in the February 28, 1985, memo.
4. Exhibit k8 (minutes from january 28, 1986, Civil Service Commission
meeting). The minutes stated a change was recommended in the testing
procedure. The certification procedure was neither discussed nor
changed.
5. Exhibit 09 (memo dated January 30, 1986, to the Fire Personnel from Anne
Carroll). This memo stated changes to the Captain's testing procedure;
certification eligibility was not addressed.
6. Exhibit #11. (Minutes from March 11, 1986, Civil Service Commission
meeting.) The precise motion by Maxwell was "to accept the guidelines
the Commission set up and follow through on those guidelines with the
idea that the next time they are forming the guidelines, the Commission
will try to get input from the interested parties (and try to improve
upon what was decided this time." The certification eligibility was not
changed by this motion.
7. Walker noted that during the argument, Mr. Richard made mention of the
fact that the testing procedure was changed. This is true and the test-
ing procedure was reposted. Walker stated he felt Richard's argument was
toward the testing procedure, not the certification eligibility question.
As far as Walker was concerned, the notice was sufficient and in substan-
tial compliance which is the requirement. Walker felt the issue was
whether the 70% cutoff was arbitrary, capricious or unreasonable or,
whether there are reasonable grounds for using the 70% cutoff. Walker
felt if the Commission changed the 70% cutoff now, it would penalize the
person who studied for the test and passed. Walker was not willing to do
this and felt the appeal should be overruled and the Commission should
move on to certification.
Walker asked for other discussion before a vote was taken. Murphy asked
if Walker was implying that there was only one issue. Walker responded
that there were two issues, 1) whet her notice was in substantial compli-
ance with the requirements provided for by 400.9, subparagraph 1, and 2)
whether the testing procedure was inadequate as a result of the 70%
cutoff. Murphy asked Walker to define substantial compliance. Walker
said it was a corollary to the fairness and arbitrary test in the Patch
case. Walker felt the firefighters were fairly apprised. Murphy ques-
tioned whether the failure to mention the certification eligibility in
the last posting affected the substantial compliance rule. Walker stated
that in his judgment it did not. Walker called a vote on whether the
appeal should be sustained or overruled. The Commission unanimously
voted to overrule the appeal.
Walker asked Chief Donner if a firefighter must
becoming a Captain. Chief Donner stated that a
tenant for one year prior to appointment as a
certified the Lieutenant's list which consisted
mission then certified the Captain's list which
be a Lieutenant prior to
person had to be a Lieu -
Captain. The Commission
of one person. The Com -
consisted of three cur -
Aa 01
JAI
Civil Se
March Y
Page 3
ren'
Lie
two
app
ava
=,41
MINUTES
HUMAN RIGHTS COMMISSION
APRIL 28, 1986
SENIOR CENTER GAME ROOM
MEMBERS PRESENT: Reed, Smithart, Weilbrenner, Hawkins, Bergan, Farrant, Mims
MEMBERS ABSENT: Belle, Briggs
STAFF PRESENT: Alexander
GUESTS: David Brown, Assistant City Attorney, Darrel Courtney, City
Councilor
RECOMMENDATION TO CITY COUNCIL:
None.
RECOMMENDATIONS TO CITY MANAGER OR STAFF:
None.
SUMMARY OF RELEVANT DISCUSSION:
1. The meeting was called to order at 7:05 p.m. by Chairperson Reed.
2. Hawkins moved to approve the minutes of March 31, 1986, and Weilbrenner
seconded the motion. The motion passed unanimously.
3. Public Discussion:
A. David Brown, Assistant City Attorney, discussed the complaint backlog
within the Legal Department and explained the "difficulty" began
during the fall semester when they were without an intern. An intern
is currently working in the department. They will, however, be
without one during the summer. Brown admitted the review of Commis-
sion complaints is not done as fast by using an intern because the
intern has to satisfy two people (a law professor and the City Attor-
ney) therefore there are several rewrites. The finished product,
however, is high quality. The interns benefit from the learning
process and they also have access to the laws school computer. Brown
told the Commissioners their concern last month about no cases coming
out of the legal department was possibly due to miscommunication
because, in fact, several cases were in draft form. Therefore, in
the future, Brown agreed to communicate the status of the cases to
Alexander. Several questions were asked of Brown including the prior-
ity of Commission cases, the amount of time legal would take to
review cases in the future, and whether interns could be assigned
some other duty, allowing Brown to review the cases more expediently
than the interns can. In response, Brown stated that quite frankly,
Commission cases were not the highest priority, litigation matters
are of a higher priority. Brown agreed to shoot for reviewing cases
within one month, to review 3-4 of the seven cases currently in legal
within the next 30 days, and the remainder within the next 60 days
2
and agreed utilizing interns in other ways allowing him to review the
cases was an option that could be considered. Commissioners thanked
Brown for attending and advised him they would continue to monitor
the situation.
3. Reed introduced Darrel Courtney to the Commissioners.
4. In Conciliation:
A. H/PAD, 5-24-8501. Farrant reminded Commissioners the Respondent had
told her some time in March he would be out of town but would be
available for a conciliation meeting on May 1. In the mean time, the
Complainant has advised Farrant that he has seen the Respondent in
town and also knows the Respondent is continuing to discriminate on
the basis of children. Farrant is going to wait until May 15 and if
the Respondent continues to delay the process she will recommend
scheduling a public hearing.
B. H/REL 8 NO, 12-4-8501. The team made a final determination of No
Probable Cause. The appropriate letters will be mailed.
5. Cases Closed:
Two cases have been closed, an employment case which was successfully
conciliated resulting in the Complainant receiving $1400 and another
employment case closed with a No Probable Cause determination.
6. Cases Open:
Four cases were opened - three employment cases and one public accommoda-
tion case - all four on the basis of disability.
7. Cases in Legal:
Seven cases are in legal.
8. Cases to Assign:
Six cases were assigned:
A. E/S 8 NO, 11-14-8501. Bergan (Chair); Weilbrenner; Briggs.
B. E/D, 1-7-8402. Bergan (Chair); Weilbrenner; Briggs.
C. E/D, 4-29-8503. Hawkins (Chair); Farrant; Smithart.
D. E/D, 10-18-8403. Hawkins (Chair); Farrant; Smithart.
F. H/D,�10-22-8501. Reed (Chair); Belle7-16-8502. Reed Chair; ; Mims.
9. Community Education:
A. Hawkins reported on the Asian In-service coordinated by the Iowa City
Community School District which occurred on April 16, 1986. A film
was shown followed by small group (or table) discussion. At least
one Asian person was a member of each group who helped dispel myths
as well as educate participants on their experiences in Iowa City.
%3 0
3
9
B. Cable TV - Alexander asked for feedback on the Commissioners' cable
TV show. Alexander advised Commissioners that although disability as
a possible topic had not been suggested, a show per their permission
was being planned to educate the public on the deaf. Commissioners
considered that an appropriate topic. Alexander informed Commission-
ers the Red Cross was willing to co-sponsor the show on A.I.D.S. and
that Larry Beldon was one of the guests. The intern responsible for
producing the shows has been very productive and is committed to
producing two more shows before concluding his internship.
10. Old Business:
A. Ordinance revisions - no Committee report.
B. Local beauty salon's advertising - a letter was sent to the owner
apprising her of the Comnissioners' concern regarding advertising
which alluded to pricing based on race. Staff also spoke to the
owner. The ad has been changed and is in compliance with the City's
non-discrimination ordinance.
C. Legal's response to the City Council regarding the Commission's
housing recommendations attached to the second housing audit
-Alexander will ask Dale Helling what, if anything, the Commissioners
need to do now that legal has approved sending a letter to the local
newspapers advising them of the illegality of printing apartment or
house for rent ads that stipulate no children.
D. Legislative alert - the bill in the state House of Representatives
(HF 2418) which in summary "...prohibits the employment of an alien
who is not entitled to work in the U.S. under Federal laws..." did
not make it out of Committee and it is therefore not appropriate to
respond at this time.
E. Cases in legal - see discussion under B3 above.
F. Housing Commission - Reed reported the Housing Commission's response
to our second audit. The Housing Commission asked questions about
the audit and told Reed and Alexander they would do what they could
to assist the Human Rights Commission.
11. New Business - no discussion occurred on the reading material contained
within the Commissioner packets.
12. Staff Report - the staff report was discussed.
13. The next meeting will be May 19, 1986, to accommodate Memorial Day fall-
ing on the fourth Monday.
14. The meeting adjourned at 7:55 p.m.
Minutes taken by Phyllis Alexander.
t"
MINUTES
HISTORIC PRESERVATION COMMISSION
WEDNESDAY, APRIL 9, 1986 - 7:30 P.M.
IOWA CITY PUBLIC LIBRARY - ROOM B
,MEMBERS PRESENT: Champion, Sierk, Kern, Nowysz
MEMBERS ABSENT: Horowitz, Wagner, VanderWoude
STAFF PRESENT: Moen, Ramsdell
GUESTS PRESENT: See attached list
CALL TO ORDER:
Chairperson Nowysz called the meeting to order at 7:32 p.m. At this time,
the two new members, Bonnie Sierk and Alex Kern, were introduced to the
Commission. The several guests who were present also introduced them-
selves.
APPROVAL OF MINUTES:
Champion moved that the minutes of February 12, 1986, be approved. Sierk
seconded the motion. The motion carried unanimously.
Nowysz suggested that approval of the minutes of March 12, 1986, be de-
layed until the people who attended that meeting were present.
PUBLIC DISCUSSION:
Nowysz recommended that public discussion be moved farther down on the
agenda due to the number of guests present.
DISCUSSION OF NATIONAL HISTORIC PRESERVATION WEEK:
The proclamation calling for the week of May 11-17, 1986, to be observed
as National Historic Preservation Week was discussed. Moen commented that
the third paragraph of the proclamation seemed somewhat emotional and
other members agreed, but as a whole everyone decided that the proclama-
tion was well stated. Kern moved that it be approved and Sierk seconded
the motion. The motion carried unanimously.
At this time, Susan Nathan, the Johnson County Historical Society liaison,
was introduced to the new members and guests. Nathan explained how she is
in the process of organizing a Homes Tour for a Sunday afternoon in Octo-
ber of 1986. She encouraged interested persons to sign up for one of the
committees involved in carrying out the project.
Moen asked for nominations of citizens for the Preservation Week Historic
Preservation Award. Various names were mentioned, but there was overall
agreement that those involved in the group which saved Old Brick should
receive the award. The contribution that this group has made to public
awareness of historic preservation in Iowa City as well as to the renova-
tion of Old Brick was discussed. The question was then raised as to who
should be granted the award, a single individual or the group as a whole.
Sierk pointed out that if the entire group were to receive the award, it
93I
—41
MINUTES
HISTORIC PRESERVATION COMMISSION
WEDNESDAY, APRIL 9, 1986 - 7:30 P.M.
PAGE 2
would be important that every member of the committee be recognized.
Nowysz commented that this may be a financial burden to the Commission and
Champion suggested that only the four or five original members of the
group be recognized.
Acting on this suggestion, the following individuals were singled out as
those who most influenced the restoration of Old Brick: Emil and Margaret
Trott, Jim Harris, Mr. and Mrs. Charles Whipple, and Joseph and Tillie
Baker. Nowysz then clarified the reason for giving this group of people
the award by stating that it was for their contribution to historical
preservation in Iowa City. These individuals were the first to make an
effort to preserve an old structure and, consequently, to make the commu-
nity aware of the desirability of saving old buildings. They were the
first to bring preservation awareness to Iowa City. Champion moved that
the nominations of the aforementioned persons be approved and Kern sec-
onded the motion. The motion carried unanimously.
Moen reviewed the activities scheduled for National Historic Preservation
Week and spoke specifically of the Artists' Forum to be held on May 6 in
conjunction with an exhibit entitled "Familiar Places." The focus of the
Forum and exhibit will be why artists are looking to architecture as an
art form as well as the reasons behind making efforts to preserve build-
ings or to restore them to their original state. Nowysz mentioned the
possibility of having a luncheon at Old Brick similar to last year's
during which the awards might be presented. Nathan also suggested that
perhaps during this week the Historic Preservation film might be shown in
local schools.
PROPOSED NORTH SIDE RESIDENTIAL HISTORIC DISTRICT:
Nowysz began the discussion by pointing out that no Commission member who
attended the Public Hearing was present and that the issue, therefore,
would be difficult to discuss, though she said that she was aware that the
Sigma Chi House was opposed to the boundaries. Moen emphasized that all
Commission members be able to defend why buildings located on the bounda-
ries be included in the district for the Public Hearing scheduled for
April 23. Moen went on to suggest that the Commission as a whole tour the
district block by block to determine if indeed there exists a substantial
number of structures which should be included in the district. The members
agreed on touring the area as a group and decided to meet at 10:00 a.m. on
Wednesday, April 16, in the lobby of the Civic Center to take the tour.
Moen asked that members familiarize themselves with the area before the
tour and explained that declaring the area an historic district would not
affect the uses of the structures, though it would impose certain exterior
modification restrictions. For further details and in order to better
understand the arguments, Moen advised that members read over the comments
made at the March 12 meeting. She also distributed a letter from Susan
Simon of 426 Church Street which encouraged the proposed designation of
her area as an historic district.
13/
MINUTES
HISTORIC PRESERVATION COMMISSION
WEDNESDAY, APRIL 9, 1986 - 7:30 P.M.
PAGE 3
Nowysz reminded the members that Public Hearings on this issue had already
taken place two years ago and that certain citizens in the area have been
struggling to have the North Side declared an historic district for seven
to ten years. Nowysz added that the main opposition to the proposal is
the cost of complying with the restrictions which Moen referred to previ-
ously.
COMMISSIONERS' REPORTS:
Moen presented two applications for rehabilitation assistance to the
Commission, reviewing for the benefit of the guests present the purpose of
these applications. The first of these applications was submitted by the
owner of the house located 808 -6th Avenue in Iowa City. The second came
from the owner of the house located at 424 E. Jefferson Street in Iowa
City. Nowysz also commented that the work proposed in both cases would
not affect the integrity of the structures. Sierk motioned that the
rehabilitation applications be approved and Champion seconded the motion.
The motion carried unanimously.
Champion reported that there are new owners of the Mercer house on the 600
block of Sunnit Street who intend to renovate the structure, beginning
with the removal of trees in the front yard which obstructed the view of
the home.
Kern expressed his concern about the Cliff Apartments located on North
Dubuque Street. It seems to him that the construction of these buildings
has caused irreparable damage to the bank behind them. Moen explained
that the Urban Environment Ad Hoc Committee had been formed for assessing
environmentally sensitive areas such as this.
Nowysz related to the Commission the proceedings of the Urban Environment
Ad Hoc Committee meeting of April 8 which she attended as the Historic
Preservation Commission representative. She spoke specifically of the
zoning proposals which would have a profound affect on the appearance of
the entrances into the Iowa City area.
Nowysz then asked that the remainder of the report time be given over to
the guests for questions and comments. During this informal discussion,
many topics were discussed ranging from the purposes of the Commission to
the backgrounds of the Commission members.
ADJOURNMENT:
Kern moved to adjourn the meeting. Sierk seconded the motion. The motion
carried unanimously and the meeting was adjourned at 9:21 p.m.
93/
I
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9?131
MINUTES
HISTORIC PRESERVATION COMMISSION
WEDNESDAY, APRIL 23, 1986 - 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Nowysz, Champion, Horowitz, VanderWoude, Kern (8:20 p.m.)
MEMBERS ABSENT: Wagner, Sierk
STAFF PRESENT: Moen, Dittmer
CALL TO ORDER:
Chairperson Nowysz called the meeting to order at 7:35 p.m.
PUBLIC DISCUSSION:
None.
HEARING ON THE PROPOSAL TO DESIGNATE THE NORTH SIDE RESIDENTIAL AREA A
Vnrnn.n ntrTnr
Nowysz read an opening statement regarding the purpose and intent of the Iowa
City Historic Preservation Commission. The purposes were listed: 1) to
promote the educational, cultural, economic and general welfare of the public
through the protection, enhancement and perpetuation of districts of cultural
and historical significance located in the City of Iowa City, 2) to safeguard
the City's historic, aesthetic and cultural heritage by preserving districts
of historic, architectural and cultural significance, 3) to stabilize and
improve property values by conservation of historic properties, 4) to foster
civic pride in the legacy of beauty and achievements of the past, 5) to
protect and enhance the City's attraction to tourists and visitors and the
support and stimulus to business thereby provided, and 6) to strengthen the
economy of the City and to promote the use of districts of historic and
cultural significance as sites for education, pleasure and welfare of the
people of the City.
Nowysz read the letters received by the Commission from North Side property
owners who could not attend the public hearing.
Mark Rettig, secretary of the Sigma Chi Fraternity Corporation Board, wrote
he wanted to reiterate his Corporation Board's position regarding the North
Side Residential Historic District. Rettig wrote that the Board does not
want the Sigma Chi properties at 629 and 703 North Dubuque Street included in
the proposed historic district's boundaries.
Robert Saunders, owner of 320 Fairchild Street, wrote he was opposed to the
North Side Historic District proposal for several reasons. First, he said he
still has not been provided with a concise answer as to why the boundary
lines were drawn as they were. Second, he feels there are already too many
regulations from too many quasi -governmental organizations and no more are
needed. He wrote he should be able to do what he wants with property he owns,
as long as he keeps it safe per present regulations. Third, he said it is
(j/
-T
Historic Preservation Commission
April 23, 1986
Page 2
his own business if he prefers a different style of construction from his
neighbor and, in addition, should not be forced to be listed on a historical
registry.
James and Judy Houghton, who own 328 North Dubuque Street, wrote that, al-
though their property may be of historic significance, they are opposed to
the proposed North Side Residential Historic District for the following
reasons: 1) the time and money required to implement the program would be
tremendous, 2) the building department is already overworked, 3) the Council
has enough to do without listening to appeals, 4) a property owner should be
free to make exterior alterations to a building without City approval provid-
ing the Building Code is complied with, 5) it is very expensive for a prop-
erty owner to historically preserve his or her building, with the end result
being that the building is allowed to deteriorate rather than spending huge
sums of money in order to comply with historic preservation, and 6) there is
enough red tape and bureaucracy without adding to it.
Charles A. Barker, representing Earl M. Yoder who owns property at 618 North
Dubuque Street, wrote that his client is opposed to the North Side Residen-
tial Historic District proposal for the following reasons: 1) the City does
not need more rules and regulations, 2) historic preservation is not practi-
cal as the cost of preserving many buildings is simply prohibitive to the
owner, 3) the historic preservation overlay zone would also be costly to the
taxpayer since it would be necessary to have City staff administer and en=
force the rules and regulations, 4) the Council is busy enough without hear-
ing appeals relating to the historic overlay zone, 5) the building department
is also overworked without being involved with a historic preservation over-
lay zone which covers a large section of Iowa City, and 6) the City should
give careful consideration as to whether it is prudent to exercise such
expansive control over property owners.
J.T. Brennan and Barbara Campbell of 5 Bella Vista Place, wrote they were in
favor of establishing a North Side Residential Historic District as a way of
preserving the neighborhood.
Cecil L. Miller of 323 Brown Street wrote he would like to see the neighbor-
hood's brick streets preserved as they are good streets and are quite unu-
sual.
Orris V. Cooper, Jr., an owner of property at 429 Ronalds Street, stated he
was interested in and applauded the preservation enterprise.
Nellie W. and Charles R. Kremenak, of 815 North Linn, wrote they strongly
support the proposed to designate the North Side Residential area as an
historic district.
A letter, signed by 15 North Side area residents, stated support for the
North Side Residential Historic District proposal.
Helen Hickerson of 618 Brown Street, asked why the extension of Johnson
Street to Brown Street wasn't included. She said the Glasgow house, which is
one of the oldest in town, is in that area. Moen said originally the proper-
ties along Brown Street were intended to be included in the district. She
9.3/
Historic Preservation Commission
April 23, 1986
Page 3
said the area was later expanded to include the Bella Vista but that some of
the properties on the north end of Johnson Street were excluded. She said
the Commission has recently viewed the site mentioned and has considered
expansion of that area.
Hickerson asked how much restoration would be necessary, how much restriction
there would be for additions, and if the number of persons who could live in
a dwelling would be limited. Nowysz said the area would be a preservation
overlay zone and that the existing zoning, in the neighborhood, would con-
tinue to affect the number of people who could live in a structure or how far
back from the street buildings could be built. She said being in an historic
district does not compel an owner to do anything in the way of restoration.
Nowysz said the only time the Commission is triggered into action is when
there is a proposed demolition or when a building permit has been applied for
the exterior of a structure only. She said when the Commission feels there
will be no material effect on the exterior of the structure, it can be
quickly reviewed by two members of the Commission so that work can proceed
immediately. She said the standards used by the Commission, for its deci-
sions, are set forth by the Department of the Interior. She said the Commis-
sion does not design projects but only comments and makes recommendations on
projects.
Hickerson commented that the present zoning regulations would then still be
in effect and that the proposed designation would help maintain the design
and harmony of the neighborhood. Nowysz said harmony was the correct word to
use. Nowysz said there are two historic districts at present and the Commis-
sion has not, as yet, reviewed a permit in those areas.
Pat Eckhardt, of 514 North Linn, spoke in favor of the proposal to designate
the North Side as an historic district. She said she and her husband own
rental property adjacent to their home. She said they bought the property to
avoid having a parking lot built four feet from their dining room window. She
said, to illustrate how the designation would benefit the area, last year a
new house was built on the corner of Linn and Fairchild. She said the house
fits all the present zoning and building regulations yet the owner was able
to make his front yard into a concrete parking lot. She said, if the area
was an historic district, this may not have happened.
Nowysz said she received a call earlier from Margaret McDonald of 615 North
Dubuque Street, who was unable to attend the meeting to voice her support for
the proposed designation.
Moen said she had received a telephone call from Kate Johnson of New York
City, who owns property at 312 East Davenport Street. Ms. Johnson said she
wanted the Commission to know she was in favor of the proposed designation.
Sandra Eskin, who owns property in the Woodlawn Historic District, said she
was in favor of the North Side Residential Historic District proposal. She
said it was very pleasant to live in an area where you feel the house next
door or across the street won't turn into something that is completely out of
line with the established neighborhood. She said she is familiar with guide-
lines for restoration, rehabilitation or replacement of buildings in historic
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Historic Preservation Commission
April 23, 1986
Page 4
districts and the guidelines are very undemanding in terms of keeping the
tone of the area. The guidelines would allow more modern buildings if they
fit into the design of the neighborhood.
Eskin said historic doesn't necessarily mean a building that would rank with
The Close Mansion or The White House. She said historic means something that
has been in the community for a number of years, that represents a feeling of
the community. She said the North Side has an old midwestern tone from a
time in history when the Iowa City area was being built.
Dean Shannon, who owns property at 122 Davenport Street, on Block 75, said
his four-plex dates from the 1920's. He said he has questioned how the
boundary for the proposed historic district was decided upon. He said the
houses, along where his property is located, are all student rentals. He
said if the Commissioners were to go to the area tonight, they would find the
rock music so loud, he wouldn't live there. He said the houses within a
one-half block area are not worth saving.
Champion said the boundaries were drawn by the density of historic interest
in them. She said Shannon's building may have been included because of the
density of the houses around it which have historic interest. She said
buildings couldn't be singled out.
Nowysz said a couple of the structures, where Shannon's property is located,
were built in the 1840's when the Capitol was building erected. She said
between 1900-1915 side lots and side yards started to be sold off and devel-
oped. She said many of the houses, which are now infill buildings to the
original architecture, were built between 1900-1920. Nowysz said Shannon's
property was probably one of the infill buildings constructed. She said an
interesting point about the infill buildings is that they were generally
built like the existing houses around them and were compatible to the area..
She said the students occupying the dwellings in Shannon's area shouldn't be
considered since it is the buildings and not the occupants of the buildings
which make an area historic.
Sandra Eskin said some federal monies are available to owners of rental units
in historic districts for rehabilitation.
Nowysz said the former Brewery on Linn and Market Streets, which has recently
been placed on the National Register of Historic Places, is taking advantage
of the tax incentives for rehabilitation.
Moen said the Commission has made the suggestion, but hasn't provided the
mechanism as yet, to seek property tax relief for properties located within
historic districts for improvements which conform to the Department of the
Interior's guidelines. She said enabling legislation must be passed before
this can be considered at the local level.
Nowysz said this sort of suggestion is more likely to happen if there is
local support. She mentioned the Commission maintains a good library on
historic preservation at the Department of Planning and Program Development,
in the Davis Building, which could be of use to residents by providing sug-
gestions on how to improve and maintain historic structures.
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Historic Preservation Commission
April 23, 1986
Page 5
Dr. Ted Fritschel, whose church owns property at 130 E. Church Street and 603
N. Dubuque Street, asked if any decision had been reached, since the last
meeting, regarding the above properties. Nowysz replied that the Commission
has not passed on any recommendations to the Planning and Zoning Commission,
as yet. Fritschel asked if the properties mentioned are included in the
proposed historic district. Nowysz replied they presently are included in
the proposal. Fritschel asked why both lots were included when one is vacant
and one was built in 1955. Nowysz said there are some vacant and infill lots
included in the district. She said lots are not skipped in order to assure
protection to adjacent properties.
Horowitz said there is a sense of vista, a sense of scenic propriety in many
historic areas. She said many of the guidelines talked of vistas. She said
the Commission must look at all the buildings in the area.
Fritschel asked if the lots contiguous to the church are included in the
historic district. Nowysz said the two lots to the west and two lots to the
north are included.
Fritschel said he wanted to state again the church's opposition to including
the properties at 130 E. Church Street and 603 N. Dubuque Street in the
proposed historic district. Nowysz asked Fritschel if he would like to state
his reasons for the record.
Fritschel said his ministry feels the Historic Preservation District would
restrict them unreasonably to deal with any proposed design that would be
appropriate for their needs. He said the proposed ordinance would be an
additional step the ministry would have to comply with. He said he felt it
would limit any modifications.
Fritschel said the 1980-82 Zoning Code requires religious organizations and
institutions to have 40,000 square feet. He said his organization isn't
currently involved with this but they have found that it is impossible to
find another suitable facility with 40,000 square feet. He said the ministry
could be put into a financial box if it had to build a new facility whose
design must be approved by the Commission.
Fritschel said Campus Ministry has been in existence for 40 years. He said
the Ministry is not attached to any congregation or parish, as it serves
University staff, faculty, and students. He said, by definition, the Minis-
try must be near the University.
Nowysz asked if the Ministry would be against being across the street from an
historic district. Fritschel said his Ministry hasn't taken a stand on this
issue but that, personally, he wouldn't be opposed. Fritschel asked what
further procedures were involved for designation. Nowysz replied there will
be an open meeting next month in which recommendations and comments made at
the public hearings will be discussed. She said the conclusions and recommen-
dations of the Commission will then be forwarded to the Planning and Zoning
Commission.
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Historic Preservation Commission
April 23, 1986
Page 6
-i
Horowitz said what Fritschel has related about his ministry has been educa-
tional, especially in light of the fact that the City is now updating the
Comprehensive Plan. She said that the problems the ministry is facing should
not preclude the ability of being able to adapt to an historic district.
Fritschel asked what the opinion of the Commission would be if the properties
at 130 E. Church Street and 124 E. Church Street were joined. Nowysz said,
since the elevations of the properties are so different, linkage from under-
ground might be the most appropriate. Fritschel asked what if glass was used
to connect the two properties. Nowysz said she didn't necessarily see a
problem with that.
Horowitz said there is an element of the unknown on both sides. She said, as
time goes on at these meetings, both sides become educated and elements of
fear of the unknown are dissipated.
Moen said the Commission is interested in finding new adaptations for older
structures in order to promote the use of thse buildings.
Fritschel asked, regarding the previous public hearing, if a demolition
permit were applied for, would a neighbor be allowed to bid on the property
during the 30 day waiting period. Moen said this was presently not part of
the Historic Preservation Ordinance but has been discussed as a proposed
policy which has not yet been approved.
Pat McCormick of 230 E. Fairchild, said she wanted to clarify the previous
point made by Fritschel. She said her husband made the comment about demoli-
tion at the last meeting because houses in the North Side have been torn down
with no one knowing it was going to happen. She said around blocks numbered
OL16 and OL17 there are some nice homes which could be torn down so that
apartment buildings could be erected.
Dennis Bielfeldt, who represents property at 422 N. Clinton, 325 N. Gilbert
and 330 N. Linn, said he is concerned that the construction of multi -family
units in the historic district would significantly raise the cost of con-
struction. He said he didn't think the intent of an PM -44 Zone is the same
as the single family zone. He asked the Commission to consider excluding the
W-44 Zone properties from the proposed historic district.
Bielfeldt asked about the makeup of the Board. He asked who would be on the
Board, if it would be voluntary, and if there would any consultation on the
architectural decisions. Nowysz said a professional architect would be
called if a case warranted it. She said the Commission is bound by the
standards established by the Department of the Interior.
Beiifeldt said hefelt the Summit Street and Woodlawn Area are historic
areas. He said he didn't feel the area along Clinton Street, directly across
from the University, was historic and should not be included.
Lois Voxman of 821 N. Linn said Vladimir Horowitz had stayed in her home
neighborhoods City
She that he said hon concert and se hadhrilled to not seenaakplacenlikeeit. the Side
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Historic Preservation Commission
April 23, 1986
Page 7
Corinne Suter of 609 Brown Street, said she was in favor of the proposed
historic district. She said certain areas should not be excluded. She said
spot zoning or the exclusion of some properties from the proposed historic
district, should be considered carefully. She said some young people are
becoming interested in historic preservation. She said a fraternity is
presently renovating a building on Dodge and Burlington Streets. She said
she feels the areas next to the University need double protection.
Miriam Young, who owns property on the North Side, said when she first re-
ceived the letter notifying her of the meeting, she thought the Commission
had to be kidding. She said the North Side is not a Summit Street or a
Woodlawn Area. She said it is a mix. She said there are low income people
in the area, some modest homes along with lovely homes but she can't conceive
the area as being an historic district. She said this sort of thing takes
away from the rights of property owners and makes it hard to get a building
permit. She said she is completely opposed to the proposed historic dis-
trict.
David Schaal, of 511 N. Gilbert Street, said the mix of the area is what is
attractive about it. He said his home is a pre -civil war structure, dated
from the 1850's. He said he is a Professor Emeritus from the University of
Iowa. He said his colleagues advised him to live in Manville Heights or on
Summit Street when he moved to Iowa City, but he and his wife chose the North
Side to live in and are very pleased. He said the mix of the area is good
for everyone. He said he was in favor of the proposed historic district.
Bielfeldt asked if garages would be affected. Moen said all structures would
be affected if they were in view of the public thoroughfare.
COMMISSIONERS REPORTS:
Horowitz said this meeting has been especially helpful because what neighbors
think about planning and zoning and what zoning means in an historic overlay
zone. She said she was going to take another look at the RM -44 area. A zone
called the RNC -20 - Neighborhood Conservation Residential zone - is intended
to preserve the existing character of a neighborhood.
Champion said she is bothered that some people don't view the North Side as
something that should be an historic district. She said historic preserva-
tion is not just 20 room mansions but is how people live or have lived in a
unit. She said people who feel they are opposed to historic district should
walk the area. She said 15 years ago a contractor bought a house along
Summit Street to demolish it and build an apartment building. She said it was
only luck that someone found out and stopped it. She said a 30 day waiting
period would help.
Kern said he was new to the Commission and was still learning. He said he
has toured the North Side area and was struck that it is possible to have new
construction that would harmonize with the area. He said people worry too
much that their freedom is being interfered with when they have to submit to
certain regulations. He said it is due largely to ignorance. He said it has
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Historic Preservation Commission
April 23, 1986
Page 8
never occurred to people that they can, without paying more money, do a job
that harmonizes with the area. He said setting something up that encourages
people to think in such terms is highly desirable.
VanderWoude thanked everyone for coming to the public hearing.
Nowysz told the audience that National Preservation Week is May 11-17. She
said in honor of this the Commission will be making its annual awards to an
individual or individuals who, over the years, have contributed to historic
preservation in Iowa City. She said the first Preservation Week recipient
was Frederick Kent. The second recipient was Irving Weber. The awards this
year will be presented at noon, at Old Brick, on May 12. She said that there
will be a luncheon. She said Deba Leach, an architectural historian, will be
the guest speaker.
ADJOURNMENI
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