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HomeMy WebLinkAbout2004-11-16 Bd Comm minutes Prpr(6 v~of MINUTES lOW A CITY TELECOMMUNICATIONS COMMISSION MONDAY, SEPTEMBER 27, 2004 -5:30 P,M, Gill: CITY CABLE TV OFFICE, 10 S, LINN ST,-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Jim Pusack, Terry Smith, Saul Mekies, Brett Castillo, Kimberly Thrower MEMBERS ABSENT: STAFF PRESENT: Drew Shaffer, Mike Brau, Bob Hardy, Dale Helling, Andy Matthews OTHERS PRESENT: Susan Rogusky, Beth Fisher, Randy Brown, Phil Phillips, Erin Pfaff RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Brown reported that the Video on Demand (VOD) is now available and working well. Phillips reported that PATV's building was painted in August and a better sign installed, A tour was provided to a group of visitors hosted by CIVIC from Armenia, Fisher reported that all the installation of the new video equipment at the library should be done by the end of the week, 21 live shoots are scheduled for October including programs on the Intellectual Freedom Week, Book Talks, the International Writing Program, Story times, and the Legislative Forums, Hardy reported that the City Cable TV Division recently bought several new computers, which doubled editing capacity, The digital playback system is working well. Video on Demand service is expected to be up on channel 5 around October 4, Shaffer reported that the Video Voter Project has sent out 27 invitations to candidates to tape a statement for replay state-wide by Mediacom and by channels 4 and 5 for the local elections, II responses have been received to date, The City is in its budgeting process, Smith asked if the City will again be taking $100,000 in franchise fee revenue to enhance the general fund, Shaffer said he was told to plan on that. Castillo reported that the refranehising committee recently met with Mediaeom officials and discussed the issues relating to refranchising, A follow-up meeting will be held October 15, The results of the consumer survey have been received, In regards to the survey, Smith noted that there seems to be a high awareness of the access channels, but relatively low viewership, Castillo said that Rice, Williams said that the viewership numbers of access channels in Iowa City are very good when compared to access channels nation-wide, Smith said that in light of the increasing demand for basic tier channel space the Commission needs to make sure that maximum use is made of the access channels, APPROVAL OF MINUTES Mekies moved and Castillo seconded a motion to approve meeting minutes of September, 2004, The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None, SHORT PUBLIC ANNOUNCEMENTS None, CONSUMER ISSUES Shaffer referred to the complaint report in the packet and said that the number of complaints was about normal. Among the complaints over the past two months were 3 about rates being too high, 6 about billing problems, 4 about cable TV technical problems, 2 about cable modem problems, 1 about the franchise authority information on the bills being too small, 2 about poor customer service, 3 about installation problems, 1 requesting that the emergency alert system not us channel 14, 1 that there is too much sports, I about wanting to the Quad City broadcast channels, and one wanting a paper receipt for electronic payments, Two compliments were also received on Mediacom's service, MEDIA COM REPORT Brown reported that the Video on Demand (VOD) is now available in Iowa City and working well. The Iowa City call center has been taking calls from Florida due to the hurricane damage there, Construction crews have been sent to Florida to assist with repairing the hurricane damage, UNIVERSITY OF lOW A REPORT No representative was present. PATV REPORT Phillips reported that PA TV's building was painted in August and a better sign installed, Landscaping work is also being done, P A TV hosted a group of children from Kindercapmpus and recorded a talent show, A tour was provided to a group of visitors hosted by CIVIC from Armenia. A new computer has been purchased to update the non-linear editing systems, Advanced editing workshops in Final Cut Pro will be offered this fall. SENIOR CENTER REPORT Rogusky distributed the September Senior Center TV program guide, Senior Center Television continues on a steady pace. lOW A CITY COMMUNITY SCHOOL DISTRICf REPORT No representative was present. LEGAL REPORT Matthews said he had nothing new to report. LIBRARY REPORT Fisher reported that all the installation of the new video equipment should be done by the end of the week. 21 live shoots are scheduled for October including programs on the Intellectual Freedom Week, Book Talks, the International Writing Program, Story times, and the Legislative Forums, KIRKWOOD REPORT No representative was present. MEDIA UNIT Hardy reported that the Division recently bought several new computers, which doubled editing capacity. This was need in order to keep up with editing demands, The digital playback system is working well. Video on Demand service is expected to be up on channel 5 around October 4, The number of programs and productions is up slightly, renecting the large number of programs related to the election season, CABLE TV ADMINISTRATOR REPORT Shaffer reported that the Video Voter Project has sent out 27 invitations to candidates to tape a statement for replay state-wide by Mediacom and by channels 4 and 5 for the local elections, I I responses have been received to date, The City is in its budgeting process, Smith asked if the City will again be taking $ 100,000 in franchise fee revenue to enhance the general fund. Shaffer said he was told to plan on that. REFRANCHISING Castillo reported that the refranchising committee recently met with Mediacom officials and discussed the issues relating to refranchising. A follow-up meeting will be held October] 5, The results of the consumer survey have been received. In regards to the survey, Smith noted that there seems to be a high awareness of the access channels, but relatively low viewership, Castillo said that Rice, Williams said that the viewership numbers of the access channels in Iowa City are very good when compared to access channels nation-wide, Brown said that Mediacom has received a must-carry request from KWWF, a new UPN affiliate, To accommodate that request CNBC will be moved to channel 68 around November 7, Smith said that in light of the increasing demand for basic tier channel space the Commission needs to make sure that maximum use is made of the access channels, Castillo noted that the survey revealed some broadcast channel signal problems. Brown said that the problems with the quality of channel 2 has been improved by installing a direct fiber link to their studio, The WB channel transmits a poor quality signal and there is no fiber link, Efforts are being made to get a fiber link, KWWL, channel 7, will have a direct link next year, The problems with WGN, which is a satellite feed, may be a result of some "skip" interference from channel 3 in the Quad Cities for individual subscribers on the east side of the city. Pusack noted that the survey revealed that a very large percentage, 67%, would like to see more local news on the access channels, This may give the access channels some guidance, It was agreed that in regards to the survey that Commissioners would forward any questions they may have for the Rice, Williams regarding the interpretation of the survey to Shaffer and he will compi Ie and forward to Rice, Williams for their responses, TELECOMMUNICATIONS COMMISSION ANNUAL REPORT Shaffer said that the annual report included in the meeting packet was forwarded to the City Council. The Commission did not meet in August and had been unable to review the document. Smith said that Commissioners should be feel free to contact Councilors directly, Castillo asked if the survey would be forwarded to the Council. Shaffer said that it would after the Commission has a recommendation to make on refranchising, CABLE DIVISION ANNUAL REPORT Shaffer referred to the Division annual report in the meeting packet and said that it helps analyze what the Division did well over the past year, where it was weak, and identify plans for the next year, ADJOURNMENT Smith moved and Mekies seconded a motion to adjourn. The motion passed unanimously and the meeting was adjourned at 6: 17 p.m, Respectfully submitted, !i5,n'<~:J Drew Shaffer ' Cable TV Administrator FINAL APPROVED I][ ~ Iowa City Public Library BOARD OF TRUSTEES Agenda item 3A Minutes Se~tember 23, 2004 - 5:00 pm 2n Floor Board Room David VanDusseldorp, Vice President Linzee McCray, Vice President Thomas Dean Kathy Gloer Linda Prybil Pat Schnack, Secretary Tom Suter Jim Swaim Members Present: Thomas Dean, Kathy Gloer, Linzee McCray (left at 6:00 pm), Linda Prybil, Tom Suter, Jim Swaim, David VanDusseldorp, Members Absent: Pat Schnack Staff Present: Barb Black, Maeve Clark, Susan Craig, Barbara Curtin, Heidi Lauritzen, Kara Logsden, Martha Lubaroff, Hal Penick Call meeting to Order VanDusseldorp called the meeting to order at 5:00 pm, Public Discussion None Approval of minutes Suter's name appeared in both Members present and absent. A motion was made to approve the minutes as corrected, by Suter and seconded by McCray, Motion passed 7-0, Unfinished Business Buildina Report. Craig reported that we still have $650,000 outstanding as retainage from Knutson contract. We will payout as punch list gets completed, Outstanding issues are being checked off, Board members continue to report hearing very positive comments about the new building. Leased Space: Hanick continues to show the space to interested new parties, An earlier client has not been ruled out. We have not changed our criteria about tenants, A question was raised about how long we are obligated to work with Hanick. Craig thought his contract was due to be renewed next month, County Contract The City Attorney recommended a small change, adding the Library as one of the parties who can terminate the contract. Action from the Board is required. It is scheduled for the Council's agenda in September 23, 2004 Agenda item 3A Page No 2 October, Prybil moved approval. Swaim seconded it. Discussion, Prybil felt that this is a good contract and reflects everything that had been discussed over the last year. This will automatically renew each year unless one of the parties decides otherwise, All voted Aye, Motion carried 7-0, New Business FY06 Budqet Staff prepared this draft budget. Craig explained that in previous years we had more time to review and approve at a later Board meeting. However City Hall has moved up their timeline and The Finance Department has requested numbers by tomorrow. The Board needs to take action on this budget tonight. Craig said it was helpful that the Finance Department included anticipated projections and Craig used those numbers, In the past these numbers were not available for the first draft of the budget. In preparing the budget, staff had a conversation about requesting another permanent staff in Maintenance Department. Craig does not believe this is the year to ask for it and rather has asked for another temporary part-time maintenance assistant. We are still getting information about the new building, supplies and maintenance. She wants to add another $1,000 in building supplies. Another item is snow removal on the Linn St. side of the building. Parks & Recreation, and Parking staff did snow removal before construction began on the Moen building, We may have to add money to the budget for snow removal unless we can make an arrangement with Parks & Recreation. She will include funds in the budget to compensate for the snow removal if Parks cannot do it as part of Plaza snow removal. In response to a question about the usual flow of the budget process, Swaim was concerned about the lack of time to study the budget and make recommendations in terms of redirecting funds, Craig explained that she does that routinely during the year within major areas of the budget, but there was not a lot of wiggle room since the majority of it goes to fund personnel expenses. In the spring Finance asks for budget amendments, Swaim is in favor of a longer deliberative process and would like to explore another option for next year, Craig asked Board if there were questions about the Project Sheets included in the budget information, Trustees were happy to see parking reimbursement included as they had requested. Prybil asked about old equipment; in particular, the replacement of three Microfilm readers and a reader printer, Logsden replied that in the past we have traded some of the equipment in; have taken pieces off one reader printer and used it on a newer machine, However these machines are at least 25 years old, The format for historical newspapers is still microfilm so there isn't another option for complete pages of newspapers including ads. For historical value our papers start in 1860's and the only way to get them is on microfilm. Newer equipment allows you to scan articles in from the microfilm and digitally manipulate them, store them, e-mail or take home on a memory stick. A question came up regarding the 12% increment of annual maintenance for the WebBridge module. Black explained that the first year there is no maintenance, With future maintenance contracts, all upgrades, etc, are provided with no charge. Swaim moved approval of the FY06 budget. Suter seconded. Swaim reiterated that he would like to have a bigger window of time, There was an agreement by several Board members that they needed to be studious and would like more time to see the budget. The intent of the motion is that the suggestions Craig made be included as part of our approval. All voted in favor. Motion carried 7-0, NOBU Budqet Craig explained that because of new accounting standards, we need to include dollar amounts and items with this budget. Craig feels that she can come back to the Board this summer if priorities change although she needs to submit this budget along with the Operating budget. The motion was made to approve NOBU budget by Gloer and seconded by Swaim. Prybil had a question about the inventory wand. It was explained that this would allow you to go to a shelf and scan it using the wand. That information could be dumped into the system, comparing it and giving information allowing us to know what could be missing, It would allow us to take advantage of a feature that is available, September 23, 2004 Agenda item 3A Page No 3 There was no further discussion. All in favor voted Aye, Motion carried 7-0. Staff Reports A. Departmental Reports: Adult Services, Circulation, Information Clark encouraged the Board to come to the Gallery Walk and view the display of the Circulating art purchase prizewinners as well as the permanent art collection in the library October 8. There were some questions about our wireless capabilities as well as our plug in ports, Clark explained that we would allow patrons to borrow cords to be used at Ethernet ports, Prybil was pleased to read that the Library is partnering with Kirkwood on an English as a Second Language program. A display of books was on the Board table representing banned or challenged books this year. Our Intellectual Freedom Programs are wonderful this year, Board is encouraged to attend. Self-pickup of holds started September 1, The system will prevent someone from checking out your book, That and self-check will allow individuals to pick up their holds and check them out which for some people is very popular, Self-Check is slowly increasing, In response to a question regarding what is standard for a mature system, Lauritzen explained that it depends on how you run your library, Some libraries reduce staff forcing more people to go to self-check, The results are what we hoped for. We are able to take some of our part-time temporary staff off the desk to do some shelving which means getting the books back on the shelf faster and we're handling the increased circulation, Big Brain was awesome this morning. The popular radio show is being broadcast from the library once a month, Development Office Trustees are invite to attend the grand opening of the completed Ellen Buchanan Children's Room entrance on October 23. Ellen Buchanan and her family including grandkids will be cutting the ribbon. Curtin will be attending only one more Library Board meeting. The Book End is celebrating their sixth anniversary, VanDusseldorp remarked that it sure was better than the book sales in the garage. Board Vacancv A memo from Lubaroff was included in the packet, explaining the delay in filling the Board with vacancy, ILA Conference is being held October 13,14,15 in Sioux City. Trustees are invited to attend this conference. An article from Librarv Journal about Innovative Interfaces, Inc, was included in the packet. They are a top-notch company and Craig wanted to share it with the Board, Newspaper articles about our promotion of the "Get a Library Card" campaign were included. We will be doing a users survey, Volunteers are needed and Board members were invited to participate. We have a sudden vacancy on the Art Committee, Staff is recommending that that they be replaced with an individual who did not get on the committee so that we can involve the person in the Art Purchase Prize, Board agreed that it made sense to solve an immediate problem however they continue to advocate for an open recruitment that is publicized when terms are up, Action for this item will take place next month, President's Report VanDusseldorp promoted the ability to vote in the Library, He encouraged Trustees to be sure to vote, September 23, 2004 Agenda item 3A Page No 4 Announcements from Members In response to a question, Craig said that December 6, at 5:30 pm is the time scheduled for a meeting with our State legislators. Dean described a project he is involved in to get people to write about wildlife in Iowa, An announcement will be sent out to all libraries in Iowa, Committee Report Suter reported that the last Foundation meeting was brief as it was a combined celebratory occasion to bid farewell to Barb Curtin. Interviews have been conducted for Curtin's replacement and an announcement will be forthcoming, The endowment portion of the campaign will be kicked off soon. For the record Suter thanked Curtin for the wonderful work she's done as Director of Development. Gloer seconded Suter's praise. Disbursements Visa expenditures for August were reviewed. Disbursements for August were approved unanimously after a motion made by Prybil and seconded by Suter. All voted in favor and the motion passed 7-0, Set agenda order for October meeting. Final budget discussion if there are issues, Examine methods to involve community in planning process. Craig will talk to consultant Ann Selzer about the best way to manage that. Swaim encouraged Trustees to sign up to help with the surveys, He said it is good for patrons to see Trustees working and good for Trustees to have the experience Dean moved for adjournment at 6:30 pm, Prybil seconded and all voted in favor. Motion carried 7-0. Minutes taken and transcribed by Martha Lu baroff Board or Commission: ICPL Board of Trustees ATTENDANCE RECORD YEAR 2004 (Meetinl! Date) TERM 1/221 2/191 3/251 4/221 5/271 6/241 7/221 8/261 9/23 10/28 NAME EXP. 04 04 04 04 04 04 04 04 Thomas 7/1109 x x x x x Ole x x x x Dean Kathy Gloer x x x x Linzee 7/1109 x ole x x x x x x x x McCray Linda Prybil 711105 ole ole ole x x x Ole x x x Pat Schnack 711107 x x x x x x Ole x Ole x K.Jesse ~ ole ole JE ole ole (}/e Singerman Tom Suter 7/1107 x x x x 0 x x Ole x ole Jim Swaim 7/1105 x ole x x ole Ole x x x ole David Van 7/1/07 x x x x x x x x x x Dusseldorp KEY: X = Present 0 = Absent OlE = Absent/Excused NM = No meeting --- = Not a Member MINUTES r;[ City of Iowa City Civil Service Commission October 28,2004 - 8:15AM Lobby Conference Room - City Hall Call to Order: Meeting called to order at 8: 17 AM. Members Present: Lyra Dickerson, Dorothy Maher Members Absent: None Staff Present: Sylvia Mejia, Karen Jennings, Andy Rocca, RJ Winkelhake Others Present: None Recommendations to Council (become effective only after separate Council action): None Approval of Minutes/Consent Calendar: The first item of business was certification of the hiring list for the position of Police Officer. Mejia summarized the application and testing process for the Commission before presenting the list of eleven candidates for certification. The Commission was informed that the Police Department currently has one vacancy with potential for an additional vacancy in the near future. Maher made a motion to approve the list as presented. Dickerson seconded and motion was carried. There was no old business. In new business, it was noted that the application deadline for the vacancy on the Commission was this week and an appointment was expected at the next City Council meeting. Rocca also informed the Commission that he recently participated in a training seminar for assessors in Ames. The training resulted in increasing the pool of available assessors for promotional testing assessment centers in the state by fifty assessors. Maher made a motion to adjourn, Dickerson seconded and meeting was adjourned at 8:25AM. 0 t... r- Z 0 II) '< )> ... 3 ... 0 II) s:: .-+ (1) 0 m ::T (II '< )> (') s:: ::::I " C. (1) II) iil ::T (1) (1) :!.. 0 ... " ::::I " m ~ m-f ><m "C;;o .j:>. .j:>. .j:>. ;;oS:: -.. :j;;: -.. m zO -...J (J,) -.. -.. -.. C/J I S::;;;O>< 0 0 0 I co (J'1 0) I .j::o. OJ >< >< >< - 0 II II II II II N II) <0 ... - c. 0 -.. .j::o. (") zz)>)>"C 0 ooo-o-a! .... )>~ .-+ (II (II II) s:: (1) (1) ~ 0 >< I >< -.. -I -. I N --1(11 s:: (1) ::::I ::::I ::::I I (1)c::!::'-+.-+ 00 ~ m !!!, - (1)c:m 0 -<zo 3 ::::I >< .j::o. (1) 0::::1 0- IQ (') (1) m)>" (1) c: c: ~zQ ... (II ~ (1) (")< c. Nm== 0 g;;oC/J II) .-+ .j:>.m(1) (1) (") ~. 0(') ;;0(1) 0(") 0 3 3 (II (II 0 ::::I ,~ 1 --= -~!t !~W!: ,,__ "'1aI1~ ...,.~ October 28, 2004 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 TO: The Honorable Mayor and the City Council (319) 356-5009 FAX www.icgov.org RE: Civil Service Entrance Examination-Police Officer We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named person(s) as eligible for the position of Police Officer. Laura Wood Carlos Trevino Jason Shippee Joshua Drum Eric VanZee Kevin Wolfe Stephanie Swartz Dennis Kelly Jeremy Bossard Wyatt Wardenburg Sarah McAdams lOW A CITY CIVIL SERVICE COMMISSION ~u.J.G~AJ'.~ Lyr W. DIckerson, ChaIr V~J(Y\ \V~\dJ~ - , Dorothy Maher ATTEST: /71.~~-I!. J!~ Mari~Karr, City Clerk MINUTES FINAL/APPROVED c:: CHARTER REVIEW COMMISSION TUESDAY, OCTOBER 26, 2004 - 3:00 PM HARV AT HALL, CITY HALL Members Present: Andy Chappell, Penny Davidsen, Karen Kubby, Kevin Werner, Lynn Rowat, William Sueppel, Chair; and Naomi Novick (arrived at 3:08 PM), Vicki Lensing (arrived at 3:08 PM) Members Absent: Nate Green Staff Present: Marian Karr, Eleanor Dilkes (arrived at 4: 15 PM) CALL TO ORDER Chairperson Sueppel called the meeting to order at 3:03 PM. APPROVE MINUTES OF OCTOBER 20, 2004 Sueppel asked if members had any corrections, revisions, or amendments to the minutes as written. MOTION: Chappell moved to accept the minutes of October 20, 2004, as written; seconded by Rowat. Motion carried 6-0 (Novick, Lensing, and Green absent). PUBLIC COMMENT Karr asked the members to accept correspondence from Mayor Ernie Lehman. Rowat asked ifthe letter was personal, or official. Karr stated the letter was a personal one and not from the Council. MOTION: Davidsen moved to accept Mayor Ernie Lehman's memo dated October 26, 2004; seconded by Kubby. Motion carried 8-0 (Green absent). DECEMBER 1 , 2004 INPUT SESSION Kubby first asked that the members read through the handout they received in today's packet regarding different voting systems, and that they revisit this item at a later meeting. Sueppel then asked Kubby to address her idea for the December 151 public hearing. She reviewed her handout from October 13th, and gave the members further ideas on how they could gather more public interest and input. She proposes having three or four main topics that would be discussed in smaller, more intimate groupings. The object being to get those in attendance to voice their opinions on the topics decided upon by the Commission. Davidson raised the question of whether or not those in attendance may have an agenda of their own - specific issues they wish to discuss, and not the three or four topics the Commission selects. Kubby stated that the way she is proposing they set up this public session would deter those with a separate agenda. She suggested those people either write the Commission with their specific concerns, or attend the final public hearing. Sueppel asked how they would set up these smaller groups, and Kubby Charter Review Commission October 26, 2004 Page 2 explained how the Commission members would act as facilitators in leading the groups. Kubby reminded the members that the first public hearing was designed to be very open, and that the December 1st session is meant to address the Commission's highest priorities at the time. Lensing noted that keeping this session flexible would be a good idea, as they don't know just how many people will show up. Karr reminded the group that minutes will need to be taken at this session. Members discussed note taking by them while in the smaller groups, and then having someone from each group give a report to the group overall. The members turned next to time limits for these smaller groups, with most agreeing that a 20 to 30 minute session should be done. Members also discussed how they would handle these groups, as far as changing topics, changing facilitators, etc. Rowat stated that he had been making a list of topics, and shared his ideas: directly elected mayor; 4/3/ or 3/4 district representation; city wide voting for all seven positions vs. the district elections; who appoints the city manager, police chief, fire chief; council involvement in compensation; term limits; initiative and referendum; and retention votes. Sueppel noted that Kubby had asked that the topic of city manager be removed from the previous minutes, and Rowat reiterated that these were just some general ideas he had been keeping notes on. Rowat also suggested inviting someone to write a guest editorial, in addition to having a press release, in order to get word out to the citizens on the Charter Review's upcoming public session. The discussion continued on various groups in the community that the Commission could invite to this session. The discussion turned back to the time frames the evening of this session, and whether or not they would need to make a final report that evening. Karr stated they would, in order to meet standards for the minutes, as each individual group will be taking their own notes. Lensing talked about the use of flipcharts and how each facilitator could use them to gather input, and then report back to the group as a whole. This would allow everyone present that evening to be aware of how each group reacted. Members next discussed the idea of sending a letter or invitation to service organizations and other service groups in the community in order to promote the December 1 sl public session. Karr then asked the group for their input on how they want their meeting room set up, dependent on how many people they think may show up. She also brought up open invitations versus limiting the number of people invited to this session. Sueppel stated that they should have some type of guide for each facilitator to follow. Karr stated that she could obtain a listing from the library, which lists service organizations in the area. She will try to bring this list to Wednesday's meeting. The members agreed that they could then review this list and decide which groups they should target. Lensing suggested they come up with a draft of the letter they are planning on mailing out, and they could leave space to add the topics they still need to decide upon. Chappell asked the members ifit would be okay ifhe went ahead and prepared the draft of this letter before the next day's meeting, which everyone agreed was fine. The Commission reviewed the memo from Karr that listed various suggestions for publicizing this public session. Majority expressed interest in a guest editorial, the city website, posters and Charter Review Commission October 26, 2004 Page 3 information in City building and on buses, and a press release. Members wanted to continue the discussion relative to radio programs, and neighborhood association meetings. Sueppel asked Karr to report back to the Commission on which ofthese forms would be best for them to utilize. MEETING SCHEDULE Karr asked the members if they wanted to schedule December meeting dates. Chappell said that he would prefer to do this at Wednesday morning's meeting. REVIEW CHARTER (Based on 10/12 redlined version submitted by Citv Attorney) Section 3.01 Nomination - The review of the Charter started with this section. Sueppel asked if anyone had any comments on either A or B of this section. Davidsen asked for clarification on what is required by state law. MOTION: Kubby moved to TA Section 3.01 Nomination, A & B, as redlined; seconded by Davidsen. Motion carried 8-0 (Green absent). Section 3.02 Primary Election - (TAPE ENDS) Kubby stated that some ofthe things that are in the handout she gave members (October 26 Different voting systems) may eliminate the primary, ifthe members were interested in this issue. Sueppel asked if anyone was interested in this, and Kubby asked that members be given time to review her research. Members stated that they would like to HOLD Section 3.02 until they have time to review the material distributed by Kubby. Section 3.03 Regular City Election - Sueppel stated that A is one of the major issues that still need to be decided upon. He asked if anyone wanted to TA 3.03 B, to which Chappell stated that he felt they should wait and do 3.03 as a whole. Kubby asked if they couldn't have this discussion now, and the members all agreed. Kubby started the discussion with the topic of voter confusion, and how difficult it is for people to be educated each time they vote. The issue of districts and at-large seats was also discussed, with lengthy discussion about whether or not citizens utilize the Council Member for their district, and whether they even know who their representative is. Novick gave the members some statistics on numbers of voters, and how many yoted for the district seat and how many voted for that specific district seat. She noted that it seemed that voters were either confused as to who all they could vote for, or they just didn't care to vote. Discussion turned to at-large seats versus district seats, and the perceptions of the citizens with different types of representation. Rowat stated that he still favors the current 4/3 makeup of Council members. (Dilkes arrived) As discussion continued, Sueppel asked the members ifthey were interested in considering a change in the way district council members are elected in the general election. Kubby stated that yes, she would be interested. Chappell noted that he feels this should be one ofthe issues for their December 1 st session. Lensing agreed, stating that she could be persuaded either way on this issue. Davidsen stated that the original intent of this was to have district representation that people in a specific district would know, and that this representative would also have the interest of the city at-large. Sueppel noted that there is a legal issue Charter Review Commission October 26, 2004 Page 4 regarding making all seats at-large, as federal courts do not like this. Sueppel asked the members if they wanted to defer this issue until after the December I sl session. Fiye members agreed that this should be one of the topics for the December 1 sl session. Section 4.01 Appointments; qualifications - Sueppel asked ifthere was discussion on this section. MOTION: Kubby moved to TA Section 4.01 as written; seconded by Chappell. Motion carried 7-0 (Davidsen out of room; Green absent). Section 4.02 Accountability; removal- Sueppel asked if there was discussion on this section. Kubby noted that they had TA'd this section originally. MOTION: Lensing moved to TA Section 4.02, both A and B, as written; seconded by Novick. Motion carried 7-0 (Davidsen out of room; Green absent). Section 4.03 Absence; disability of City Manager - Kubby asked the members if they remembered what the issue was in previous discussions, whether it was regarding Council involvement, and also what is considered a "temporary absence." Karr stated that the Assistant City Manager fills in for the City Manager in case of absence, but that to date this has not been an issue. Dilkes stated that ifboth the City Manager and Assistant City Manager were gone, the City Manager would most likely appoint the Finance Director, in his absence. MOTION: Kubby moved to TA Section 4.03 as written; seconded by Chappell. Motion carried 8-0 (Green absent). Section 4.04 Duties of City Manager - Dilkes noted that this is the section she will be modifying due to the Commission's change in the Police Chief appointment wording. She stated she is considering adding it to A. 3. MOTION: Chappell moved to TA Section 4.04, A and B, subject to the change that will be proposed on the Police Chief change, as amended; Davidsen seconded. Motion carried 8-0 (Green absent). Section 4.05 Ineligibility; Prohibited Acts - MOTION: Chappell moved to TA Section 4.05 as written; seconded by Rowat. Motion carried 8-0 (Green absent). Section 5.01 Establishment - Davidsen noted that the members had T A' d this section originally, with no changes. Sueppel agreed. Discussion turned to Section 5.02 Appointment; Removal. Sueppel asked Dilkes to explain the changes in this section. Dilkes stated that her memo of 10/25/04 explains why the changes were made, and how the changes relate to State laws and codes. (TAPE ENDS) "Just cause" versus "at will" Charter Review Commission October 26, 2004 Page 5 was discussed. Sueppel then turned the discussion to Section 5.03 Rules, and asked Dilkes for further detail on the "open records" issue, where she noted additional discussion was necessary. Dilkes stated that records are maintained at the staff level, not the Commission level. Therefore, she questions the addition of "and open records" to 5.03 A. The discussion turned to how many various Boards and Commissions this would effect, and how their by-laws would reflect it. It was noted that the members TA'd this section, with "and open records," the first time through. Sueppel discussed having this stated, in order to clarify the state law. Dilkes stated that by-laws deal with meetings, and not records. Chappell asked if board members are told that their notes are considered open records, and discussion continued briefly on this topic. MOTION: Davidsen moved to TA Section 5.01 as written; Section 5.02 as redlined; and Section 5.03 as redlined; seconded by Novick. Motion carried 8-0 (Green absent). ADJOURNMENT MOTION: Davidsen moved to adjourn the meeting; seconded by Rowat. Meeting adjourned at 5:03 PM. Gi[ MINUTES FINAL/APPROVED CHARTER REVIEW COMMISSION WEDNESDAY, OCTOBER 27, 2004 -7:00 AM HARV AT HALL, CITY HALL Members Present: Andy Chappell, Penny Davidsen, Karen Kubby, Kevin Werner, Lynn Rowat, Vicki Lensing, William Sueppel, Chair; with Naomi Novick and Nate Green arriving at 7:05 AM; and Green leaving at 8:45 AM, Lensing at 9:05 AM Staff Present: Marian Karr, Eleanor Dilkes CALL TO ORDER Chairperson Sueppel called the meeting to order at 7:00 AM. APPROVE MINUTES OF OCTOBER 26, 2004 There were no minutes to approve. PUBLIC COMMENT None. MEETING SCHEDULE The following meetings were added to the schedule: Wednesdav, December 8, 7-9 AM Monday, December 13, 7-9:30 AM Thursday, January 20, 7 PM - this meeting will be the final public hearing; Sueppel suggested they hold a meeting directly after the public hearing. Karr asked the members if they wanted this public hearing televised, and it was agreed that the public hearing portion of that evening would be televised. DECEMBER I INPUT SESSION Chappell presented the members with a draft community process letter they discussed at yesterday's meeting. Sueppel stated that he really liked the letter; however, in the 4th paragraph, he thinks it should be clear that all groups will be meeting that same night, and not at a series of meetings over several nights. Kubby and Davidsen noted that the date and time of the meeting is only mentioned once, at the top, and should be mentioned again somewhere in the body of the letter. Members agreed with Sueppel on the 2nd sentence of the 3rd paragraph, that this doesn't need to be in the letter. "Though" will be taken out ofthe next sentence, to make this read better. Novick questioned the group time limits, and questioned if they shouldn't cut these times back to 20 minutes. Members agreed that they needed to be somewhat flexible in this area, as public input could vary. It was decided to put 25 minutes. At the end of that sentence, where it says ". .. with Commission members facilitating the discussion and taking notes," members agreed to delete. Kubby stated that she feels they should have an end time for this session, so those wanting to attend will know it is from 5:30 PM to 8:00 PM. Rowat noted that the reason they did not have an end time previously was in case they had such a small crowd that they could leave before the ending time. Discussion ensued on Charter Review Commission October 27,2004 Page 2 whether or not there should be an end time. Agreement was made to no end time. Davidsen stated that the 151 sentence of the last paragraph needed revising. She suggested taking out ", facilitation, adequate time,". Sueppel suggested they add to the 4th paragraph something after the 2nd sentence, such as "The Commission is planning on a meeting lasting approximately 2 to 2 12 hours total time." Dilkes suggested wording of "The meeting will end no later than 8:00 PM." Karr noted that they need to remember that some people will show up midway through a meeting, thinking that there is still an hour or so left. Green suggested they remove the wording "After being divided into groups," from the 41h paragraph, and members agreed with this suggestion. Sueppel suggested the wording, "Each group will spend 25 minutes discussing one of the four specific issues, followed immediately by a 25-minute discussion of each of the remaining issues." Dilkes suggested, "Each group will spend 25 minutes discussing each of the four specific issues." Discussion ensued, and it was agreed to use the wording "Each group will spend 25 minutes discussing one of the four specific issues." And then continuing on, and taking out "with Commission members again facilitating." Kubby stated that they should add to the beginning of the letter "The format of the December 151 Community Discussion" to get the date into the text of the letter, and clarify that this is a one-night deal. Novick stated that in the 3rd paragraph, last sentence, where is says "..and encourages your organization to be a part of this public discussion" that this should probably say "members" instead of organization. Discussion ensued about whether or not they would want all members, or just a representative from each group. Members agreed that they want all members to attend. Novick also suggested that this letter say something about "please give this information to all of your members" so these groups will spread the word among their members. Sueppel suggested the wording "The Charter Review Commission invites and encourages members of your organization to be a part of this public discussion. Would you please disseminate this information to your members," or something to this effect. Novick stated that they should take this information out of the end of the letter, as it is more important in the beginning. Novick stated that this needs to be a one-page letter, and they need to take something out in order to leave room for the four bulleted issues. Dilkes suggested removing the 2nd sentence in the last paragraph, and members agreed. Kubby suggested adding a P.S. that talks about the "please disseminate this information to your members" and having it stand out. In the 41h paragraph it was decided to say "the group will discuss" instead of "the group will be asked to... "; and also removing the wording there on "with Commission members again facilitating." Sueppel suggested deleting "As you know," from the first sentence of the letter, and members agreed, as they are attempting to cut the wording down somewhat. Novick suggested also removing "to the same." at the end of that sentence, and Sueppel followed with also deleting "and propose amendments" as their task is to review. It was then suggested that the last sentence of the 151 paragraph read "Several potential changes have been discussed." In the first sentence of the 2nd paragraph, it was decided to eliminate the word "substantive." Sueppel then suggested that the 3rd paragraph be completely changed, leaving only the sentence "The Charter Review Commission invites and encourages your organization to be apart of this public discussion", coming directly after the bulleted topics; and then adding the P.S. as Kubby suggested. Also decided Charter Review Commission October 27,2004 Page 3 upon was "divided into groups" instead of saying a specific number of groups. (TAPE ENDS) Karr will make the stated changes to the letter. Karr stated that the members now needed to decide what groups and organizations they wanted to send this letter to. She was able to obtain the Library's list, and there are 42 pages of groups, 12 on a page. Sueppel suggested they appoint a committee of two or three members to review this list, and to report back at the November I meeting with recommendations. Lensing, Novick, and Davidsen stated they would do this. Kubby noted that this info is also on-line at the Library web site, in case any members wanted to review this information. (BREAK) REVIEW CHARTER (Based on 10/12 redlined version submitted by City Attorney) Sueppel suggested they start with Article 6 and then move through Article 8, as those should both go fairly quickly. If time allows, they can then start on Article 7 today. Between November I and November 8, he would like Dilkes to do a new redline copy of the Charter, in order to be ready for the members at the November 8 meeting. At the November 8 meeting, he would like for them to identify the four issues for the December I public hearing. Dilkes first explained to the members her 10/25 memo (Proposed Changes to the Charter) and specifically noted Section 2.1lA and her recommendation to bring this section in line with the State code. The Commission agreed and Dilkes will make the necessary changes to the new redline draft. Section 6.01 Limitations on the Amount of Campaign Contributions and Section 6.02 Disclosure of Contributions and Expenditures - Novick stated that she feels 6.02 is poorly written, and would like this rewritten and clarified. Discussion ensued about how this section could be worded for more clarity. Sueppel suggested saying "The Council, by ordinance, may prescribe procedures requiring the disclosure of the amount, source, and kind of contributions received, and expenditures made by. . ." Removing the wording "immediately before and after each regular, special, primary, or run-off election," was agreed upon by the members. MOTION: Kubby moved to TA Section 6.01 as written; seconded by Davidsen. Motion carried 9-0. MOTION: Green moved to TA Section 6.02 as verbally amended; seconded by Rowat. Motion carried 9-0. Section 6.03 Definitions - Kubby asked for clarification on the change in this section, and Dilkes gave some examples. MOTION: Chappell moved to TA Section 6.03 as redlined; seconded by Lensing. Motion carried 9-0. Charter Review Commission October 27, 2004 Page 4 Section 6.04 Violations - There was no further discussion on this section. MOTION: Novick moved to TA Section 6.04 as written; seconded by Davidsen. Motion carried 9-0. Section 8.01 Charter Amendments - Dilkes stated that the changes in this section, in A, Band C, are all aimed at making this section mirror the State code. The discussion turned towards having some type of guide or appendix to go along with the Charter, which would show references to State code, etc. Kubby stated that she feels it is important to keep the 10% signature spelled out in the wording of this section, as well as adding the State code wording, and discussion continued on this issue. MOTION: Rowat moved to TA Section 8.01 as redlined; seconded by Novick. Motion carried 9-0. Section 8.02 Charter Review Commission - Members noted that there were no changes made to this section; however, they did not TA this originally due to several issues that had been raised. Discussion ensued regarding the process of this Commission presenting or recommending amendments to the City Council. (TAPE ENDS) Several suggestions were made, and the members opted to HOLD on Section 8.02 until Dilkes makes changes to the wording, as discussed. Section 7.01A Authority - Dilkes gave a brief explanation of the changes in this section, explaining why measure was used in place of ordinance. MOTION: Novick moved to TA Section 7.01A as redlined; seconded by Lensing. Motion carried 8-0 (Green absent). Section 7.01B Limitations - Discussion was held on G) of this Section, with members deciding to change the wording to read "Amendments affecting the City Zoning Ordinance or the Land Use Map of the Comprehensive Plan, including District Plan maps." The redlined sections were also reviewed and agreed to. MOTION: Chappell moved to TA Section 7.01B as amended, and C, D, and E as redlined; seconded by Rowat. Motion carried 8-0 (Green absent). Section 7.02 Commencement of Proceedings; Affidavit - Members agreed to redlined version for A, and noted City Clerk needing capitalized in B. MOTION: Davidsen moved to TA Section 7.02 A and Bas redlined; seconded by Kubby. Motion carried 7-0 (Green and Lensing absent). Section 7.03 Petitions; Revocation of Signatures - Dilkes gave a brief explanation of the redlined version. Charter Review Commission October 27, 2004 Page 5 MOTION: Chappell moved to TA Section 7.03 A thru F as redlined; seconded by Rowat. Motion carried 7-0 (Green and Lensing absent). Section 7.04 Procedure After Filing - Members discussed Section 7.04, noting that C had substantial changes. Dilkes briefly explained the need to change this wording to include "writ of certiorari". MOTION: Davidsen moved to TA Section 7.04 A thru D as redlined; Novick seconded. Motion carried 7-0 (Green and Lensing absent). (TAPE ENDS) ADJOURNMENT Sueppel stated that they would begin the next meeting by reviewing Section 7.05 Action on Petitions. MOTION: Kubby moved to adjourn; seconded by Davidsen. Meeting adjourned at 9:25 AM. em: MINUTES FINAL CHARTER REVIEW COMMISSION MONDAY, NOVEMBER 1, 2004 - 3:00 PM HARV AT HALL, CITY HALL Members Present: Andy Chappell, Karen Kubby, Lynn Rowat, Vicki Lensing, Nate Green, Naomi Novick, William Sueppel, Chair; and Penny Davidsen arriving at 3:08 PM Members Absent: Kevin Werner Staff Present: Marian Karr, Eleanor Dilkes CALL TO ORDER Chairperson Sueppel called the meeting to order at 3:03 PM. APPROVE MINUTES OF OCTOBER 26 and October 27, 2004 Novick noted that on the October 26 minutes, page 4, under Section 4.03, there is a typo. It should read "manager," not "manger." MOTION: Lensing moved to accept the minutes of October 26, 2004, with the above correction; seconded by Novick. Motion carried 8-0 (Werner absent). MOTION: Novick moved to accept the October 27,2004, minutes as submitted; seconded by Kubby. Motion carried 8-0 (Werner absent). PUBLIC COMMENT None. MEETING SCHEDULE Sueppel asked if anyone had any conflicts with the latest schedule. Green noted that he would have to leave early on November 9. DECEMBER I COMMUNITY PROCESS SESSION Sueppel started the discussion with handout CR48, which Karr drafted from Chappell's draft, and decisions made at the last meeting. Sueppel noted that they also have handout CR49, which is Novick's draft of the letter they plan to send to organizations, regarding the December I public session. Novick stated that after reading over her draft, she would like to add "by the Commission" to the end of paragraph I; and on the next lines 'The issues to be discussed on December I by the community include these issues." Davidsen noted that she would prefer the wording "the members of the Commission" versus saying "we" in the second to last sentence of the letter. Sueppel noted that Novick's version no longer had the P.S. on it, and Kubby noted they could still put it back in. Karr stated that her suggestion would be to come up with the bulleted issues for the letter, before they go any further, and then they can work on the layout of the letter. Rowat questioned the third paragraph, where it states, "Each group will spend twenty-five minutes..." and suggested they put"... will spend up to twenty-five minutes..." instead. The members Charter Review Commission November 1,2004 Page 2 briefly discussed their next move, and decided they would complete the second review of the Charter, before deciding the issues for the December I public session. CHARTER REVIEW The review picked up at Section 7.05 Action on Petitions A. Action by council. Chappell asked for a reminder on why the sentence "The Council shall submit to the voters..." is being removed. Dilkes stated that this was done by a motion early on in the review process. It was felt to be a misplaced sentence since 7.04 addresses this issue. MOTION: Davidsen moved to TA Section 7.05 A as redlined; seconded by Novick. Motion carried 8-0 (Werner absent). Section 7.05 B. Submission to voters, (1) Initiative - Dilkes explained the changes to this section, and referred to the time line that members had received earlier. MOTION: Kubby moved to TA Section 7.05 B (1) as redlined; seconded by Novick. Motion carried 8-0 (Werner absent). Dilkes next explained the changes made to Section 7.05 B (2) Referendum. Novick asked for clarification ofthe l20-day period. Kubby then asked for more clarification on the period, as well. MOTION: Chappell moved to TA Section 7.05 B (2) as redlined; seconded by Rowat. Motion carried 8-0 (Werner absent). Section 7.05 C Ballot - there was no further discussion on this section, as the only changes were "ordinance" to "measure." MOTION: Novick moved to TA Section 7.05 C as redlined; seconded by Davidsen. Motion carried 8-0 (Werner absent). Section 7.06 Results of Election, A. Initiative and B. Referendum - There was no further discussion on this Section. MOTION: Novick moved to TA Section 7.06, both A and B, as redlined; seconded by Chappell. Motion carried 8-0 (Werner absent). Section 7.07 Prohibition on Establishment of Stricter Conditions or Requirements - There was no further discussion. MOTION: Davidsen moved to TA Section 7.07 as redlined; seconded by Chappell. Motion carried 8-0 (Werner absent) Sueppel noted that this concluded the second review ofthe City Charter. Davidsen asked for a clarification on 7.01, under B. Limitations, (k) - Public improvements subsequent 2 Charter Review Commission November 1,2004 Page 3 to City Council action to authorize acquisition of property, the acquisition of property or notice to bidders, whichever..." Davidsen stated that this does not make sense to her, and that perhaps a comma after". . . property, the acquisition of property. . ." would make the three items stand out. Discussion ensued regarding acquisition of property by the City, and Dilkes explained the City process. Dilkes suggested: "... City Council action to authorize acquisition of property FOR such public improvement." Sueppel gave the following suggestion: "Public improvements, subsequent to City Council action to authorize acquisition of property for that public improvement, or notice to bidders for that public improvement." Dilkes will finalize this wording. MOTION: Kubby moved to TA 7.01 as amended; seconded by Davidsen. Motion carried 8-0 (Werner absent). ISSUES FOR DECEMBER I COMMUNITY PROCESS Sueppel reviewed the "Pending Charter Review Issues" memo from Dilkes and Karr, and asked members to bring up any other issues they may have. Under Section 2.02 Division into Council Districts, the members had questioned the number of council districts. Also questioned was the issue of the mayor being elected, under Section 2.06 Mayor. Karr noted that this list is from the Commission's minutes, and is made up of items the members had red flagged during their review process. The next issue listed was primary elections, from Section 3.02 Primary Election. It was noted that the members had not TA'd 3.02 yet as they were to review Kubby's handout on elections. Sueppel asked the members if they were interested in pursuing a change to the election process. Kubby gave a quick overview of her election research, and answered members' questions. (TAPE ENDS) Dilkes noted her concerns about these other systems, and stated that the State code is very specific about city elections. Kubby stated that for the public record, she would like to note that these issues (a change in the election process) are here, and that as communities change, people have different needs in how democracy works. She stated that there are always improvements to how things are done, in order to gamer greater public participation. Sueppel asked if anyone was interested in working with Kubby on this issue, and Kubby stated that if State law precludes a change in the election process, then the changes need to be made at the State level first. MOTION: Lensing moved to TA Section 2.02 and Section 2.06 for the December 1 public session; seconded by Davidsen. Motion carried 8-0 (Werner absent). The discussion turned to Section 3.03 Regular City Election next. Green suggested they combine the two issues of number of districts and how Council members are elected. Members discussed this further, with the majority agreeing that these two issues should be discussed together. Members continued to give their opinions on what should be discussed. Kubby moved that the following be on the letter for the December 1 public session: number of districts and election of council members; election of mayor; appointment of police chief by council; and a 'catch all' group. Discussion continued, with the members trying to decide the major issues they want for public discussion. 3 Charter Review Commission Noyember I, 2004 Page 4 Dilkes noted that she will have a new redlined version to the members, and that this version will be available at the public session as well. Kubby withdrew her original motion and moved to make the following the December 1 public session issues: election of mayor and district seats to be discussed in small groups; and a large group for the catch all issues. Karr noted that members need to think about finalizing their letter, and that giving people a target to respond to has been an issue with the members since the first public hearing. She also suggested they put some type of contact information. (TAPE ENDS) MOTION: Kubby moved to accept the above issues; seconded by Chappell. Motion carried 8-0 (Werner absent). Discussion continued on the December I public process, and the letter that the Commission is planning to mail out to organizations in the community. Several members want to make sure that some type of explanatory sentences are included with the above- named issues, so the people receiving the letter have a better understanding of just what will be discussed. Karr will have a new draft of the letter ready for the November 8 meeting, with input from Chappell on the explanation for election of Mayor, and Dilkes will have a new redlined version of the Charter for members. CHARTER REVIEW The members decided to go back to TA the remaining sections that they had previously put on hold. MOTION Chappell moved to TA Section 3.02 Primary Election as written; seconded by Rowat. Motion carried 8-0 (Werner absent). MOTION: Kubby moved to TA Section 2.01 Composition and Section 2.02 Division into Council Districts as written; seconded by Rowat. Motion carried 8-0 (Werner absent). MOTION: Kubby moved to TA Section 2.06 Mayor as written; seconded by Davidsen. Motion carried 7-1; Chappell voting the negative (Werner absent). ADJOURNMENT Sueppel asked the members to read over the Charter now that they have reviewed it twice, and to bring up any issues they wish to discuss, at the next meeting. MOTION: Kubby moved to adjourn the meeting; seconded by Green. Meeting adjourned at 5:10 PM. 4 MINUTES APPROVED IOWA CITY PUBLIC ART ADVISORY COMMITTEE ~ THURSDAY, OCTOBER 7, 2004, 3:30 P.M. LOBBY CONFERENCE ROOM, CITY HALL Members Present: Charles Felling, James Hemsley, Mark Seabold, Terry Trueblood, Emily Walsh Absent: Barbara Camillo, Rick Fosse Staff Present: Karin Franklin, Marcia Klingaman Call to Order Felling called the meeting to order at 3:35 p.m. Public discussion of anv item not on the aqenda Hemsley asked for an update on the Benton Hill project. Franklin reported that Joe Prescher was unable to attend this meeting due to teaching a class on Tuesdays and Thursdays, and had requested that the November meeting be held on Wednesday. Franklin noted that the committee needs to review color options, and that Prescher has additional information on construction. Klingaman added that more discussion with the neighborhood residents is needed to finalize the phrase that will be written on the park side of the arch. Seabold could not attend a Wednesday meeting on November 3, and suggested Monday, November 1. Franklin will consult with Prescher to confirm that date. Consideration of the Minutes of September 2. 2004 Meetinq A motion was made by Trueblood and seconded by Hemsley to approve the Minutes as submitted. The motion carried unanimously by those present. Discussion of use of public art funds for FY05 Franklin distributed handout on budget breakdown, and noted that there is currently $64K available for use. This figure does allow for encumbrances for Transportation Center, Longfellow, Northside, and Goosetown projects currently underway, as well as Benton Hill, Pedestrian Mall rotating sculpture, and the Peninsula Park rotating sculpture. Not included is the Wetherby project, which is in abeyance. Franklin suggested that Wetherby be considered along with any other projects that may be under deliberation. Downtown alley project: Franklin noted that the City Manager had requested the Committee investigate ways to improve downtown alleys, in conjunction with efforts to clean up and beautify the alleys, and had worked with former student Zack Scafuri on archway designs. Distributed printouts of proposal, and added that she received an estimated cost which seems high for the project. Increased complexity can be achieved on the "Nightlife" piece, if desired. Targeted alleys are in the Pedestrian Mall, between Linn and Clinton Streets. "Nightlife" cost was estimated at $19K, and the "Taking Flight" piece was estimated at $13K, which includes cost of the aluminum, cutting and fabricating the metal archway, one color of paint, bracing, and fabricating brackets. It does not include silhouetting or cutouts, two colors of paint, engineering evaluation of wind load, or any over coating, though she expects those additional costs would be minor. Inquired whether there is interest in supporting the project with Public Art funds. This would be contingent on the alley beautification project going forward, which will be addressed by the City Manager and the City Council. Hemsley inquired what the likelihood is of the alley project going forward. Karin replied it is unknown. Trueblood asked for confirmation that project is estimated for $32K total. Franklin confirmed that number, adding that the estimate seemed high. Seabold agreed, noting that the original proposal had seemed smaller. Hemsley also remarked that this proposal appears flatter than expected, and not as dynamic. General agreement expressed that the printouts did not meet expectations, based on earlier discussions with the artist. Iowa City Public Art Advisory Committee Minutes September 2, 2004 Page 2 Franklin clarified that there are aesthetic concerns with the current proposal. Klingaman asked if there was some known reason for a change in proposal. Franklin did not know, but suggested that the proposal should go through the evaluation process with the Committee, as some parts of the process may have been bypassed. Starting over with a new proposal may be an option, though she would need to consult with the City Manager. as the project is in conjunction with his alley project. Felling noted that the project has potential to be unique and interesting. Seabold agreed, adding that he would like something that is not so flat and that engages the alley more fully. Seabold also expressed concern with the estimated cost. Trueblood inquired how many archways would be involved. Franklin reported the proposal is for one design at either end of two alleys, totaling four archways. Seabold confirmed that $32K would be total for all four. Hemsley inquired whether the artist is tied to the project, and whether changes to the project would require participation of this artist. Franklin replied that use or alteration of those particular designs would involve this artist, but the project itself is not tied to this artist. Explained that the artist was a student in a graphics class to which she had made a presentation, and Scafuri had been developing ideas to enhance alleys for a class project. Then the City Manager proposed the idea to enhance some of the downtown alleys, so the two projects seemed to work well together. This could also be a Public Art project independent of other city initiatives as well, which would allow the Committee to work through the design issues in their usual fashion. Hemsley asked if the current proposals coordinate with other projects that have specific themes defined. Franklin replied that they do not. That would only apply if there were a redevelopment in the area. Other alley activities would involve cleanup, painting, etc. Seabold asked if there is a specific plan for the alley project. Franklin responded that the project has not progressed that far. This project was only one possibility to consider for the use of public art funds. Neighborhood art projects: Franklin noted that the Wetherby project is not active, but may become so at a later date depending on neighborhood initiative. Creekside is interested in a project. Klingaman added that Broadway could be solicited, with a note to find out how they would implement the project according to the Committee procedures in regards to time, resources, and interest. Harlocke also has expressed interest in a project. Overall, there is interest in the projects in the neighborhoods, though no current activity. Felling noted that current projects might stimulate interest in other areas. Klingaman agreed. Rotating sculpture exhibits: Franklin continued by confirming that the Committee will be continuing with the rotating sculpture projects underway in the pedestrian mall and the peninsula area. Only one sculpture will be done for the peninsula this fiscal year. Also suggested taking into consideration doing something else for comparable amount. If Creekside and Wetherby go forward with ideas at comparable level of expense as other neighborhoods, or approximately $15K a piece, that would leave $34K available. Inquired whether there are projects the Committee members are interested in pursuing. Seabold expressed interest in developing the alley project, perhaps with different ideas. Trueblood inquired about progress of the project at Waterworks Prairie Park. Was that project put on hold? Franklin responded that might be an option. She clarified that the project in question was a sculptural piece at the entrance to the water plant building. She confirmed that it was set aside as a project that would not be supported with water funds but that it could be a public art project. Felling added that the project originally conceived for the site was beyond the Public Art budget. Franklin noted that there are two sites, one in front of the building. as well as a sculpture garden in the park. Trueblood noted the sculpture garden may still be a possibility, and added that the old downtown fountain is another option, either as a working fountain or a piece of art. Franklin remarked that turning that into a working fountain would increase the expense. Franklin inquired about doing public solicitation of public art ideas, as a way to engage the community and gain feedback and participation in the art put into the community. Trueblood agreed that might be a good option, and noted that Riverside Theatre would like to have a Shakespeare Garden by the Festival Theatre in Lower City Park, though that may not be a Public Art project. Hemsley explained that might be a garden of plants that were referenced in Shakespearean plays, with plaques showing the play and the quote. Iowa City Public Art Advisory Committee Minutes September 2. 2004 Page 3 Felling remarked that the Committee had mentioned a public survey previously, and Franklin confirmed that it had been a goal expressed by the Committee in the past. This would both give ideas for projects, and give the public an opportunity to get involved in the concept of public art. Seabold agreed this is a good idea. but not sure how to do it. Hemsley suggested using the newspaper. Interested in getting a variety of responses from different areas of the city. Trueblood noted that ideas the Committee would be looking for would be both locations and pieces or themes. Seabold inquired whether the funds could be used to sponsor an event, something to promote public art and to involve the public. Franklin answered that it would need to be a low-expense event, as the Committee does not have a large operating budget. One option could be collaboration with another organization or event such as a gallery walk. There are two per year, and association with that may work well, and would be an event relatively easy to plan for. Collaboration on an existing event could be more practical than a solo event. Trueblood suggested the Arts Festival might be an option as well. Seabold noted that he would like to do a fun event with public participation, sidewalk chalk, for example: public art done by the public. Trueblood added that this has been done with construction fences, by the library for instance. Franklin noted that one of the Arts Festivals had a "Paint the Town" event, which had panels with outlines that people could paint in. Trueblood remarked that Joyce Caroll headed up that effort down town, with painting parties at certain times and supplies provided. Seabold inquired whether there would be a place where such a thing could be permanent, perhaps in the walkway next to the Sheraton. Seabold added that an artist in Des Moines does inclusion projects periodically. Seabold explained that means they are short-term, site-specific pieces, and people can watch the project go up over a weekend. Looking for low budget options. Franklin suggested Committee members think about it, and bring ideas to discuss at the next meeting. Hemsley inquired whether the poetry project is still proceeding. Franklin replied in the affirmative and reported that is handled through the operational budget because it is not a capital asset. Klingaman added that ideas could be solicited from the neighborhoods before the next meeting, as well. Trueblood asked if the Committee should be thinking of ideas for public art. or ideas for public involvement. Franklin replied both, and continued by saying that the Committee needs to have a plan to spend the surplus $64K by the end of the fiscal year. Felling suggested adding some more civic character statues down town, which may be one way to get the public involved, with a poll to see who they would be. Franklin noted that Tom Mueller suggested a statue of Paul Engel by the library, and that seeing who is suggested would be interesting. Trueblood inquired whether Mueller anticipated matching funds for the Engel piece, such as with the Weber project. Franklin replied that she thinks so, though she has not spoken to Tom Mueller recently. Collaborative projects are always welcome. Hemsley asked how many individual neighborhoods have been identified. Klingaman reported 28, with an estimate of half having had activity within the past year. Trueblood remarked that most associations form in response to a specific issue, and become inactive when the issue is no longer a factor. Franklin asked who would be contacted when public art projects are solicited, the Neighborhood Councilor other contacts. Klingaman replied that she contacts all neighborhoods, regardless of their activity level. Update on Peninsula Park sculpture proiect Klingaman examined the site recently with Franklin, and then again with the City Engineer, Ron Knoche. The project has been delayed due to the high water in the river. Preliminary decision based on consideration of visibility and the feel of Goddard's piece is to place the statue near the pedestrian bridge after grading is completed. The asphalt trail will meet up with the end of the bridge and the grade will be raised six or more feet above the current construction access road. As pedestrians walk east towards the city across the bridge, they should be able to see the piece. There will also be an overlook on the south side of the bridge where it will be visible. Grading will not be done for several weeks, so current plan is to install the piece in April or May. Goddard has confirmed that time is fine, and is already working on the project. Will be working to have the contract Iowa City Public Art Advisory Committee Minutes September 2, 2004 Page 4 signed so the honorarium can be paid, to allow for purchasing materials. Hoping to have contract signed at November 2 Council meeting. Report on Public Art ProQram Network meetinQ. AUQust 2004 Franklin distributed printed summary of meeting. Reported that the Department of Cultural Affairs is beginning to promote the Public Art Network. Intended to pull together all public art programs in Iowa, which is good for sharing ideas. Participating communities were Ames, Cedar Falls. Des Moines. Iowa City, IDOT, and Waterloo. The lOOT is participating because of projects at rest areas. Noted that there are differences in how and where the programs are organized and situated in the cities. Ames is very similar to Iowa City. Cedar Falls and Waterloo are administered out of a Department of Leisure or Leisure and Culture, which is a part of the Parks and Recreation Department in Waterloo. Those cities have centers for the arts, which have staff people devoted to the arts. They also work in conjunction with a board or committee, and involve a considerable amount of solicitation of private money to support their projects. Des Moines' program is relatively new, now reforming into a Public Art Foundation that is a part of the Community Foundation. The City Council does not want to have a role in choosing public art, though they are willing to fund it. Very different from the Iowa City Council, which wants to be involved in the decision process because it is a use of public funds. Des Moines' program will have a board that will manage and administer the program. Composition of Cedar Falls and Des Moines' boards includes both in one case a prior city council member, as well as residents with connections within their community as art advocates. Encourage long- time residents and those connected with individuals with money in the city. Profile of the communities are different than in Iowa City. Some programs have had brochures created to show some of their collections, which are used to publicize the programs. Much of Ames art appears to be flat pieces displayed in the City Hall. Discussed an artist registry, as it is difficult to keep current contact with individuals. Bruce Williams at the Department of Cultural Affairs is willing to maintain this on a state level, with the agreement that individual programs will use and refer only to the state registry. Much more discussion on this topic is needed, as issues of access and cost need to be addressed. Felling inquired about a fee. Franklin replied that is unknown at this point, though experience has shown that it has been difficult to access the information, and has not always been distributed in a useable format. For example, would prefer to have email rather than postal addresses. Arts Council does have some grants available, up to $25K, but Bruce Williams reported they are reluctant to give awards for acquisition. They want money to go to projects at the planning and design stage, and are interested in process, public participation, and projects that use artists in residence. Suggested that this would be an option for plans such as the neighborhood projects, which engage an artist over a period of time. Felling suggested the money could be used for an event. Seabold agreed, such as bringing an artist in for a short-term project. Franklin continued by saying that the Network will be meeting annually, with the next meeting in Cedar Falls, and she would like to have Committee participation in these meetings in the future. The next opportunity for involvement is the Iowa Cultural Caucus on November 8. Klingaman will be attending this event, though Franklin will be unable to. The Iowa City program will be showcased as a success story, and will have materials at the event to be passed out to participants. Registration fee is $30, which would be covered by the operating budget for those who wish to go. Register at www.culturalaffairs.org/culturalcaucus. Klingaman registered using a procurement card, and Franklin suggested that interested people call the office at 356-5230 and tell Janet they wish to attend the caucus, and they will take care of registration. Klingaman added that the event begins at 8:30 am and ends at 5:00, so she will be driving there early that morning. Confirmed it is a one-day event, on Monday November 8. Iowa City Public Art Advisory Committee Minutes September 2, 2004 Page 5 Trueblood asked if website gives more information besides registration. Klingaman replied that there is a different website with information. Franklin noted that this event stems from Imagine Iowa 2010. and is looking at local programs' goals. in this case community development and cultural tourism. Will be emphasizing down town projects and how they contribute to cultural tourism. The neighborhood projects will be linked to the community development aspect, engaging people in the process of deciding what art will be a part of their neighborhood. Klingaman will send the informational website to Committee members, and requested they let her know whether they will be able to attend. Committee Time/Other business Franklin reported on the city's application to the State to be recognized as a cultural district. Displayed a map of the proposed cultural district submitted to the State, which includes UIHC, Hancher, City Park, Northside, and Downtown. Cultural and entertainment areas are both included. Josh Schaumberger will be presenting to the Department of Cultural Affairs on October 28. Lead sponsor of this project is the Iowa City/Coralville Convention and Visitors Bureau. in collaboration with the City, the University, the Downtown Association, and Johnson County Cultural Alliance. The districts should be announced at the November 8 caucus, though notification to the individual applicant communities should be received near November 1. This is recognition that there is a cultural center in certain cities, a fact that can then be used in marketing and other activities. Also includes four signs indicating this status, to be displayed around the city. Trueblood inquired whether this might lead to other benefits in the future, such as grant money. Franklin replied this is possible, though money has not yet been allocated. Also may include tax incentives to preserve historic buildiings, in addition to current incentives. Franklin also noted the "Quench Us" proposal not on agenda. Committee expressed general confusion about the concept, and agreed to wait for the artist to initiate further contact. Felling confirmed that the next meeting is tentatively planned for November 1 at 3:30 pm. Email confirmation will be sent. Hemsley confirmed that Committee members would be considering ideas both for projects and community involvement for next meeting. Seabold inquired if the project needs to involve an artist, or if the Committee can produce an idea and hire someone to do it. Is there a process for submitting an idea for a project? Franklin agreed that the Committee can propose a concept, but a Committee member cannot be contracted to produce the design or piece because of conflict of interest issues. Felling suggested that the Committee solicit ideas from the public for the alley project. Trueblood remarked that an idea might be submitted for a mural. Hemsley noted that someone is painting the world's largest whale mural on the Great Wall of China. Seabold expressed interest in doing something big in Iowa City. Adiournment There being no further business to come before the Committee, Felling moved to adjourn and Seabold seconded. The meeting adjourned at 4:40 p.m. s:/pcd/minuteslPublicArU2004fart1 O~07 -04. doc l;JqW;JW e }ON = ---- 'iiuq;J;JW oN = WN p;Jsn:Jx3fiu;Jsqy = 3/0 }U;Jsqy = 0 }U;JS;Jld = X :.(;J){ X X WN X X X X X X X X 0 ~0/10/10 q~IBA\ .1apB::) AUm:i[ X X WN X 3/0 X 3/0 X X X X X poolqan.1l. A.1.1a1. X X WN X X X X X X 0 X X LO/W/W PloqBas J{.1BJ\I X X WN X 3/0 3/0 3/0 3/0 X X 0 0 90/1 0/1 0 AalsmaH samBf 3/0 X WN X X X X 3/0 X 0 X X asso.>l J{Jffi X X WN X X 3/0 X X X X X X 90/1 0/1 0 ~uma.>l sa1.1BQ:::> 3/0 X WN X X 3/0 X X X X X 0 ~0/10/10 OmmB:::> tU1!q.1Bg lO/Z1 IOIII LO/Ol ZO/60 500/80 6Z1LO 10/ LO EO/90 OZ/SO 90/500 lO/tO to/EO SO/lO 80/10 S;Jl!dx3 ;nueN UU;J1. tOOZ pJO;);)~ ;);)UUpU;)ny ;);):mmmo:J AJOS!Apy PY ;)!Iqud MINUTES APPROVED PLANNING AND ZONING COMMISSION G1[ OCTOBER 21, 2004 EMMA J. HARVAT HALL MEMBERS PRESENT: Bob Brooks, Ann Freerks, Don Anciaux, Jerry Hansen, Beth Koppes, Benjamin Chait MEMBERS EXCUSED: Dean Shannon STAFF PRESENT: Bob Miklo, Mitch Behr, Shelley McCafferty OTHERS PRESENT: Michael Maharry, Wayne Osborne, Wally Plahutnik, Will Jennings, Michelle Higley, Catherine Schneider, Jill Gaulding, Krista Goldsberry, Judith Pascal, Amy Baum, Wallace Kopsa, Claire Sponsler. RECOMMENDATIONS TO COUNCIL: . Recommended approval, by a vote of 6-0, REZ04-00025, a rezoning from Medium Density Single-Family Residential (RS-8) and Neighborhood Conservation Residential (RNC-12) to Medium Density Single- Family Residential/Historic Preservation Overlay (RS-8 OHP) and Neighborhood Conservation Residential/Historic Preservation Overlay (RNC-12/0HP) on approximately 14.3 acres located along Ronalds Street between Van Buren and Governor Streets. This rezoning is to establish the Ronalds Street Extension of the Brown Street Historic District. . Recommended approval, by a vote of 6-0, SUB04-00023, a preliminary plat of J.J.R. Davis Second and Third Addition, a 19.81-acre, eleven-lot commercial subdivision located east of Mormon Trek Boulevard, south of Highway 1, subject to escrow funds being required with the final plan for future reconstruction of Dane Road adjacent to Lots 4 and 8, and Federal Aviation Administration approval of the infrastructure prior to final plat approval. Recommended approval, by a vote of 6-0, SUB04-00030, a preliminary plat of Saddlebrook Meadows Part 1, an 8.95-acre, 47-lot residential subdivision located south of Whispering Meadows Drive and west of Pinto Lane subject to correction of technical deficiencies identified by the City Engineer. CALL TO ORDER: Anciaux called the meeting to order at 7:34 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON AGENDA: None HISTORIC PRESERVATION ITEMS: REZ04-00025, discussion of an application from the Historic Preservation Commission for a rezoning from Medium Density Single-Family Residential (RS-8) and Neighborhood Conservation Residential (RNC-12) to Medium Density Single-Family Residential/Historic Preservation Overlay (RS-8/0HP) and Neighborhood Conservation Residential/Historic Preservation Overlay (RNC-12/0HP) on approximately 14.3 acres located along Ronalds Street between Van Buren and Governor Streets. This rezoning is to establish the Ronalds Street Extension of the Brown Street Historic District. McCafferty she had provided the Commission with copies of additional correspondence relating this historic district including the ordinances adopting the districts and comments from the State Historic Society of Iowa. She said the State concurred with this proposal and with the boundaries of this district. Public discussion was opened. Michael Maharrv, Chairperson of the Historic Preservation Commission, said he would comment on items REZ04-00025 and REZ-00026 at the same time. The Iowa City Historic Preservation Commission was ready to move forward if the Planning and Zoning Commission finds it complies with Comprehensive Plan. He said that this is the purview of the commission. Planning and Zoning Commission October 21, 2004 Page 2 Wavne Osborne, 630 North Van Buren Street, said he was in favor of historical preservation. They had moved back to Iowa City when their children were in school. At that time they would drive through the near Northside neighborhood and marveled at the houses there. He'd worked downtown for 33-years and had lived a block from the campus. His former house was now a six-story apartment building, which he had been aware was going to happen. Osborne said he'd always lived among students and had had good experiences with them. He saw it as a mixed neighborhood. He felt historical preservation really enhanced Iowa City and made it a place that persons wanted to come for a variety of reasons. In their neighborhood a number of young couples had moved in, purchased and restored houses or purchased previously restored homes and they had student housing as well. He felt it was quite compatible. They'd had good relationships with the Northside neighborhood, which had held events to which they'd invited the students including block parties. Osborne said he felt historical preservation and putting some limitations on changes, keeping them in character with the area was entirely valid and actually enhanced and improved the value of all properties, not just those owned by private owners. He urged the Commission to give the idea their full support. Public discussion was closed. Motion: Hansen made a motion to approve REZ04-00025, an application from the Historic Preservation Commission for a rezoning from Medium Density Single-Family Residential (RS-8) and Neighborhood Conservation Residential (RNC-12) to Medium Density Single-Family Residential/Historic Preservation Overlay (RS-8/0HP) and Neighborhood Conservation Residential/Historic Preservation Overlay (RNC- 12/0HP) on approximately 14.3 acres located along Ronalds Street between Van Buren and Governor Streets. This rezoning is to establish the Ronalds Street Extension of the Brown Street Historic District. Freerks seconded the motion. Freerks said she was very much in favor of this proposal. It supported the goals in the Comprehensive Plan, and the Historic Plan which was adopted in 1992. She said that the neighborhood was downzoned to help stabilize the Northside and she felt this proposal would aid that. The motion passed on a vote of 6-0. REZ04-00026, discussion of an application from the Historic Preservation Commission for a rezoning from Medium Density Single-Family Residential (RS-8) and Neighborhood Conservation Residential (RNC-12) to Medium Density Single-Family Residential/Historic Preservation Overlay (RS-8/0HP) and Neighborhood Conservation Residential/Historic Preservation Overlay (RNC-12/0HP) on approximately 20.8 acres located along Linn Street between Bloomington and Ronalds Streets and along Gilbert Street between Bloomington and Church Streets. This rezoning is to establish the Gilbert-Linn Street Historic District. McCafferty said she would like to address a few issues that had arisen at the last meeting. One of the comments that had been made was that given the number of the contributing properties in this district, if an area is not broke, why fix it, implying that this area was quite intact so why was there a need for additional regulations on it. McCafferty said historic preservation was preventative. She presented a power-point slide presentation of homes in various states of alteration that would be considered to be 'contributing' to better illustrate the purpose and intent of historic preservation. Generally speaking, contributing properties may be restored or rehabilitated pristine properties or they may be properties that have had incremental changes over time such as siding, windows, changes to the porches, but were not beyond salvation in terms of a historic sense. It would still be feasible to rehabilitate the properties for either multi- or single-family use. Non-contributing properties consisted of those whose incremental changes over time had been so substantial that it would be very difficult to rehabilitate the properties. Architectural features and the original architectural character were no longer evident. McCafferty said these were the types of changes that historic preservation is intended to prevent. Historic preservation was also intended to protect property values, protect the value of the investment into this type of properties and to prevent this type of 'thing' from happening next door to properties whose owners had invested in their properties. McCafferty said historic preservation was not intended to prevent creative, quality solutions. Historic preservation was meant to ensure that changes to a particular property were relative to the neighborhood and to the property. Planning and Zoning Commission October 21, 2004 Page 3 McCafferty said comments from the State had also been received and forwarded to the Commission as well as a number of letters both pro and con relative to the Gilbert-Linn Street Historic District. The Commission's purview is very narrow, they needed to look at it relative to the Comprehensive Plan and the Zoning Ordinance. The Recommendation from the State said that it did not concur with the boundaries. The State wished to see 15 additional properties included with-in the boundaries. This had been originally proposed in the district for the National Register, which the State had previously reviewed. These 15 properties had been zoned for commercial use. Historically it had been a residential use but currently is zoned commercial. The Historic Preservation Commission concurred that when the area was reviewed for the Central District planning process, this area should be looked at more carefully before preservation is proposed in this particular vicinity. The ordinance does not require that the Planning and Zoning's recommendation concur with the State recommendation. It was simply there for their consideration, but did not limit them in any way with regard to their recommendation to City Council. Hansen asked why Staff was moving ahead on this. McCafferty said the Historic Preservation Commission had chosen to move ahead on the proposal. She suggested Mr. Maharry might prefer to address Hansen's inquiry during public comment. McCafferty said this was in compliance with the Comprehensive Plan. The Historic Preservation Plan was adopted in 1992, there were a number of neighborhoods that had been recommended for survey and evaluation. This had originally been the third area on the list, but it had actually become the last one on the list to be undertaken, just behind the downtown area. This was the last residential district that was outlined by the Historic Presrvation Plan, it was in compliance with the Plan and the Commission had determined that they should proceed with this. Freerks said she felt that the confusion stemmed from having just sat down and received these letters, confusion as to what the letters meant. The Commission had previously felt that they needed the State's approval, but perhaps that was not the case and that they just needed their comment. Miklo said that was correct. The Commission did not need their approval but they could not vote until they had received comment from the State. They could take the State's comments into account in their recommendation to the City Council. Hansen asked if the rezoning that was before the Commission complies with the Comprehensive Plan. McCafferty said in Staffs opinion, yes. Hansen said now they were going to be offered a new plan that was going to be submitted to the State. McCafferty said that was not correct. The National Register district might be getting confused with the Local district. The Planning and Zoning Commission did not review the National Register. A National Register district had been submitted to the State which had included the commercial properties. The Historic Preservation Commission had decided to recommend that that portion be removed and a second nomination had been sent to the State. The State was making their comment based upon their preference for seeing the original district protected. Given that part of it was zoned commercial and that there would be a planning process undertaken in that area in 2005, the Historic Preservation Commission felt that at this time it was best not to include the commercial area given various issues politically. Miklo said the Central Planning District would address the commercial area so there would be more information about that and their might or might not be a forthcoming historic district in the area that would include the commercial properties. Anciaux asked what was located in that commercial area. McCafferty said an allergist's office, the gas station, the house where Psychiatric Associates was located, a parking lot for Mercy Hospital, the Foxhead, and some residential houses. McCafferty said the issue with commercial and historic preservation was that historic preservation prohibited the demolition of historically significant structures if locally designated. Value of the property is based upon the highest and best use. What was there as a historic structure might not necessarily be the highest and best use. The concern was that by disallowing demolition in commercial areas, it could actually be diminishing property value. The preference of the Historic Preservation Commission was to only designat residential zones and not venture into the commercial until policy regarding commercial was clearer. Brooks asked for a clarification regarding the two districts and their boundaries. McCafferty said the State had reviewed two district nominations. The Commission was voting on the local district, the State's recommendation was based upon the boundaries defined historically in the original National Register District. The State had said that they wished to defer the decision regarding the National District. Behr Planning and Zoning Commission October 21, 2004 Page 4 said he the National Register designation would include the area that is being proposed for local designation. Hansen said the Commission did not and could not know that for sure so what was being asked of them was to vote on a district that they didn't know what the next plan coming to them would include. Miklo said that was not true. The State had received two nominations from the City. The first one had included the commercial properties. The City Council had asked the Historic Preservation Commission to review the boundary, they had done so and decided to remove the commercial properties until a later time. Based on the second meeting, the Historic Preservation Commission had sent a nomination that included the area that the P&Z Commission was being shown as a National Register District. They Historic Preservation Commission had asked the State to disregard the previous nomination, the State was reluctant to do so. Miklo said under local jurisdiction the P&Z Commission was not obligated to follow the boundaries of the National Register district whether there was or was not one. They are obligated to review this proposal to determine if it is in compliance with the Comprehensive Plan based on the recommendation of the Historic Preservation Commission, which had the expertise to set the boundary. Freerks said it was unfortunate that the Commissioners had not received the letters until just a few minutes before the meeting began. The negative sounding language was really based on the fact that they would like to see more rather than less in the proposal, not that they didn't feel that the area was not worthy of historic designation. McCafferty said that was an appropriate interpretation. Public discussion was opened. Maharry said City Staff had stated the situation well. The Historic Preservation Commission had removed the commercial district from the proposal because they knew that in the future the central business district was going to be reviewed again. The residential district was a cleaner district and that in the future commercial districts would be considered. Behr said the City Code provided that the Commission's purview was that they make recommendations to City Council based on the relation of the designation to the Comprehensive Plan, the Zoning Ordinance, proposed public improvements and any other plans there may be for the renewal of the area involved. Anciaux said for persons who might wish to oppose the proposal if they obtained 20% of the land owners signatures within the District, it would take a super-majority of the City Council to approve it. Behr said that was correct. McCafferty said relative to the Zoning Ordinance and the National Register issue it was not required to be on the National Register to be a local district. The boundaries did not have to correspond and it did not have to be on the National Register, it was just a process to determine historic significance. In the past, typically a proposal went through the local process before it was actually listed on the National Register, but they basically proceeded simultaneously. Wallv Plahutnik, 430 N. Gilbert Street, said the City had recently spent a lot of money on the Peninsula looking to create a front porch neighborhood. Throughout the 1970's and early 1980's a lot of front porch neighborhoods had been lost on South Lucas and South Johnson Streets. Houses had been torn down and apartment buildings constructed, it now had a very different character. He and his neighbors currently resided in what is still a front porch neighborhood with students and families. Without spending any money at all, the City could help maintain the front porch character of the neighborhood. The nature of a historic district was not draconian; there is no complete imposition that something will happen. Things go through a review process and the past review process seemed to have been pretty reasonable. The Commission and the City could help in a very hands-off way to keep the front porch neighborhood quality in the northside. He urged the Commission to vote for the proposal. Will Jenninqs, 311 Fairchild Street, said he and his wife Sue resided in this property. He wished to speak in favor of the proposal, he saw it as being clearly in line with the intent of the Comprehensive Plan to preserve stability and character. He and his wife are property owners and landlords of a property located in the Longfellow District. They wished to speak in support of this proposal as residents of a mixed area and as property owners in a mixed area. They felt it was a good, solid move and was clearly in line with Planning and Zoning Commission October 21, 2004 Page 5 the wishes and the intent of the people who resided in and owned property in the area. He submitted two additional letters to Staff for the Commission's consideration. Michelle Hiqlev, 414 N. Gilbert, said she and her partners resided in and had recently purchased this property. She was present to urge the Commissioners to vote in favor of the proposal. She was originally from New Orleans, Louisiana. One of the things that had attracted her to Iowa was the neighborhoods. One of the reasons she had chosen to purchase a house on the northside was the mix of the neighborhood and the front porch neighborhood. She urged the Commission to keep the neighborhood at the nice balance that it currently is at. The house next to her at 402 Davenport Street had recently been purchased. That particular space was proposed to have only two parking spots. It was her understanding that it was to be turned in to a rental property. She was concerned about the future of this property. Catherine Schneider, 317 Church Street, said she'd owned a house there for over 20-years. She saw the downtown creeping north toward them, she'd like to see the neighborhood preserved. She'd seen too many old houses torn down around Mercy Hospital and other areas. She asked the Commission to vote for the proposal. Jill GauldinQ, 225 E. Davenport Street, said this was at least the eighth meeting on this issue. She wished to address Hansen's comment. She said with all due respect, it seemed like a funny question to ask, "Why move forward at this time". The original plan for the District had been very carefully laid out by persons who were experts in historic district evaluation and designation. The decision to get rid of the commercial properties was a compromise in order to allow the residential part of the neighborhood to move forward. The State wished that they would not compromise, they wished to see more. The fact that the State wished to see more at the National Historic Register level, which was all they had control over, should have nothing to do with whether they moved forward in terms of a local district for the compromised area which everyone agreed from the Historic Preservation Commission to the State to the persons speaking at this meeting was a neighborhood that deserved this label and the protection. She said it would make no sense at all to her to make them wait in the residential part of the district until the issue with the original commercial part of the proposed district was resolved. It appeared that all the little districts that made up the northside would not have to wait for some comprehensive district. Her understanding of the history of this district was that it would have been too hard to make the entire north side all one district so people had agreed to do it piece by piece. It was a strategy that made sense but to make them wait until some unforeseeable future when the City reached a decision about some other area would really be unfair and would be a disservice to all the work that had gone on so far and to all the people who had worked so hard to preserve this neighborhood. Krista Goldsberrv. 414 N. Gilbert Street, said she recently purchased their property and they were renting out two units on the second story. She was a landlord, resident and property owner. Goldsberry said she supported this district and urged the Commission to support it too. She submitted her letter to Staff. Goldsberry said she had been unaware that this was being held up, it seemed to be a no brainer that since the State the thought that the historic district should be bigger, didn't that call for stronger support of the district and residential area. Judith Pascal, 311 N. Linn Street, said she was there on behalf of the Iowa City monthly meeting of Friends. They had a Quaker meeting house at 311 North Linn Street, which had been there for 40 or 50 years. She hoped it would be there for a long time to come. They were strongly in favor of the proposal. Amv Baum, 419 N. Gilbert, resided there with her husband Mike Singer. She said she'd like to strongly encourage the Commission to support the proposal, along with all of her good neighbors who were in attendance at the meeting. Walter KODsa, said he owned property at 320 and 324 Davenport Street. Kopsa said he remembered from the last meeting that the vote on the Ronalds Street district had been deferred until receipt of approval of the National Register. McCafferty said that was incorrect. It had been deferred until comments were received from the State and they have been received. Kopsa asked if approval of that district by the National Register had been received. McCafferty said Staff had received comments from the State Historic Society, which acted as agents of the National Register. Planning and Zoning Commission October 21, 2004 Page 6 Kopsa asked if that had or had not been approved for National Register status. McCafferty said it had gone forward and was in the process of being registered right now. The original nomination had been approved by the State. Kopsa asked what was the status of this district? McCafferty said actually having a district on the National Register was not a requirement for local designation. It had been determined to comply with the Comprehensive Plan. There were two districts nominations for the Gilbert-Linn Street Historic District sitting at the State, two proposals. It had not been determined which one would be forwarded to the National Register for this particular district. Kopsa asked if it was not possible that National Registry might not be approved. McCafferty said given that the State had already said that one district was eligible and should be forwarded to the federal level, it was unlikely that the second district would not be accepted. Kopsa asked what would happen if over 50% of the property owners in the National District sent notarized letters stating that they did not want it to be in the National District. McCafferty said in that case it would go on to the Feds and would be listed as eligible but would not actually be listed as a district. Freerks said just to be clear, the Commission was not voting on national district, it is a local district that is being discussed. Behr said this Commission's action did not wait on official action for the National Register, it waited on comment as to the local designation from the State. Clair Sponsler., 413 Gilbert Street, said she had spoken at the previous meeting, was a strong supporter of the proposal and was a wonderful way to stabilize the neighborhood and keep it a viable place to live for all the property owners in the neighborhood both resident occupants and renters and those who owned property there. She wished to address that perception that things were moving forward to hastily. The state that they were at now was the end point of a long process that had begun in 1992 with a historical survey of the City. It had gone through the City's Comprehensive Plan, the City had stated that its goals for the Northside neighborhood included historic preservation and measures to preserve and stabilize the architectural integrity of the neighborhood. It seemed to her that this process was not coming too soon, but too late. Higley said she'd be hard pressed to believe that there would be 50% of the property owners in that district that would vote against or not be in favor of the proposal. She had gone to great lengths to make sure that nothing had changed on her property, it was very easy to follow the guidelines. She wanted the Commission to know that there were property owners and landlords who were very willing to make sure that their houses remained in the up most and very pristine condition. Public hearing was closed. Motion: Chait made a motion to defer REZ04-00026, an application from the Historic Preservation Commission for a rezoning from Medium Density Single-Family Residential (RS-8) and Neighborhood Conservation Residential (RNC-12) to Medium Density Single-Family Residential/Historic Preservation Overlay (RS-8/0HP) and Neighborhood Conservation Residential/Historic Preservation Overlay (RNC- 12/0HP) on approximately 20.8 acres located along Linn Street between Bloomington and Ronalds Streets and along Gilbert Street between Bloomington and Church Streets. This rezoning is to establish the Gilbert-Linn Street Historic District. Koppes seconded the motion. Chait said he felt the Planning and Zoning Commission had demonstrated a commitment to take the time that they required to give everyone an opportunity to speak their mind and to have as much information as they could on any issue. That was why their policy was to take at least two meetings on rezonings. In this particular case, he wished more time to get more information. Chait said he was a supporter of preservation and restoration. What concerned him tonight was the process that he was hearing and the feeling that they had to hurry up and do something. He didn't have the comfort level of having the information to do that. His concerns were not with the commitment to do the work which most of the proponents wanted, he wished to be more clear about the items that they were being told were not in their preview that had to do with the politics of this proposal. It didn't feel right at this point and he wished to feel a little bit better about it. Miklo said unfortunately a lot of those items had been covered at the two informal meetings that Chait had been absent from. Planning and Zoning Commission October 21, 2004 Page 7 Koppes said she had a problem receiving the letter immediately before the meeting. Staff were verbally telling them the rules, but she preferred to go back and review herself. She'd known they had been waiting on the State's letter, but they had received it just before the meeting and she was not ready to vote. She wished to do more research. Freerks said she was not sure what needed to be ironed out. This had been going on for quite some time, they'd had all kinds of survey information. She felt the rules and what they needed to address were very clear. What they needed to see was whether or not the proposal complied with the Comprehensive Plan. The comments were something that they were required to get from the State. Beyond that there was nothing that they needed from the comments that had to connect with what they had outlined. She felt it was past due and they needed to move forward. It was not a very comfortable situation for anyone, but it wasn't something they should wait on. It had been deliberated for quite some time and it was their obligation to move on to the next step which was the political venue and that was City Council. Brooks said he had to agree with Chait although he didn't wish to delay. They had received a lot of information at 7:30 pm that evening. They'd received the information from the State and a copy of the Ordinance, two things that they were supposed to evaluate and consider before voting. To that extend he agreed with Chait. At the same time their purview in this matter was very limited - did it comply with the City's Master Plan. If they felt that was the case, then he agreed with Freerks that the item should be kicked up to the Council to let them deal with the politics of it. Brooks said he was torn, he was frustrated that at the last minute they received information that was confusing, that they didn't have time to digest it, didn't have time to work through with Staff and feel comfortable, yet they were being asked to keep things moving and vote right now on something. Brooks said he knew it had been a long time coming, but the two things that the Commission needed to decide its vote had been given to them at 7:30 pm that evening. Brooks said in a sense he agreed with Chait, but he didn't know what they would accomplish by waiting two weeks. He'd prefer to consider if it complied with the Comprehensive Plan - Yes or No - and get it to the City Council to let the audience and the opponents have their time in court. Behr said there was a 60-day time limitation. He asked what the date was on the State's recommendations. Freerks said the letter was dated October 20. Brooks said it looked like the letter had been faxed earlier in the day. There was a fax date and time, 10:14 am, October 21. Miklo said one of the things that was frustrating for Staff as well was every time that they'd needed something that had gone through the State, it was always received at the last minute. It was just a fact of dealing with State bureaucracy. Freerks said as she could remember on this Commission they usually received the State's letters on the day that they were to vote. Miklo said they practically had to drag it out of the State. Brooks said then the agenda was being scheduled inappropriately. There was no reason that the Commissioners should receive that type of information when they walked in the door. Freerks asked what type of bearing did this type of information have? Brooks said he did not like receiving this type of information when he walked through the door. If it had been cut, dried and stamped, all okay, that was one thing. But when there were issues that were raised that might enter into their discussion or into their vote, he did not like receiving it at the last minute. Freerks said she didn't like it either, she'd much rather have some time. She understood what was necessary from this was the fact that the State had sent Comment. It was only because she had done this before that she knew that, otherwise she would not. Brooks said that was why he would prefer to get it out of their hands where they had no control over a lot of the issues that everyone was bringing up. Their only question was, did it fit the Comprehensive Plan or didn't it. He agreed with a lot of what Chait said and had strong disappointment in the way some of the process had been handled from the very beginning and the controversy that there seemed to be within the District and that it hadn't been resolved by the time it got to them, the Commission's questions was did it fit the Comprehensive Plan or not and then move it on to the Council where everyone could battle it out there. Planning and Zoning Commission October 21, 2004 Page 8 Chait said he would repeat his point. He was in favor of the purpose but it was the process that disturbed him. The letter and the comments from the audience had not been available Monday evening. The commitment of the Planning and Zoning Commission had always been to defer something or to give the constituents, the citizens, plenty of time to research and do what ever they were going to do to get comfortable with and understand something. He was simply claiming the right to have that same opportunity as a Commissioner. He would prefer to defer for the purpose of being more comfortable and understanding things. At the previous meeting when Staff had said they were waiting on Comment from the State, it had not been explained in any way, shape or form that that information had no bearing on their vote. It was simply a technical thing. Hansen said he too was disturbed by receiving the information late. He'd complained about it before. The Commission was bombarded with public comment on the different aspects of the historic preservation districts, they received written comments about those things but it was actually totally irrelevant to what was germane for the Commission. That was Comprehensive Plan. He was going to vote to defer because he wanted to send a clear message to Staff about getting the Commissioners information in a timely manner. He didn't feel that waiting two weeks would make that much of a difference. He had never voted against a historic preservation proposition. He was strongly in favor of them but he was very disturbed about the process that they had gone through. Anciaux said he was concerned too. He didn't see that much problem in waiting just another two weeks. There had been a lot of opponents to the proposal at the previous meeting that were not in attendance and they did not have the new information either. They might wish to make comments regarding the rezoning pertinent to the State's comments. It seemed that the State was withholding their blessing due to the exclusion of a couple of things but he felt two weeks would not be that much of a problem as this proposal had been going on for twenty-years. The motion passed on a vote of 4-2, Freerks and Brooks voting in the negative. DEVELOPMENT ITEMS: SUB04-00023, discussion of an application submitted by James Davis for a preliminary plat of J.J.R. Davis Second and Third Addition, a 19.81-acre, eleven-lot commercial subdivision located east of Mormon Trek Boulevard, south of Highway 1, subject to escrow funds being required with the final plan for future reconstruction of Dane Road adjacent to Lots 4 and 8, and Federal Aviation Administration approval of the infrastructure prior to final plat approval. Miklo said the plat as submitted was in order. Staff recommended approval subject to escrow funds being required with the final plan for future reconstruction of Dane Road adjacent to Lots 4 and 8, and Federal Aviation Administration approval of the infrastructure prior to final plat approval. Public discussion was opened. There was none. Public discussion was closed. Motion: Freerks made a motion to approve SUB04-00023, a preliminary plat of J.J.R. Davis Second and Third Addition, a 19.81-acre, eleven-lot commercial subdivision located east of Mormon Trek Boulevard, south of Highway 1, subject to escrow funds being required with the final plan for future reconstruction of Dane Road adjacent to Lots 4 and 8, and Federal Aviation Administration approval of the infrastructure prior to final plat approval. Brooks seconded the motion. The motion passed on a vote of 6-0. SUB04-00030, discussion of an application from Saddlebrook Meadows L.L.C. for a preliminary plat of Saddlebrook Meadows Part 1, an 8.95-acre, 47-lot residential subdivision located south of Whispering Meadows Drive and west of Pinto Lane. Miklo said as noted in the Staff Report recommendations there had been a few technical deficiencies at the time it was reviewed last week. A new plat had been received earlier in the day but City Engineers had not had time to complete their review. For the most part the technical deficiencies were minor so the Commission had the option of deferral or recommending approval to the Council subject to the deficiencies being resolved prior to Council vote. If the deficiencies were significant, Staff would have recommended a deferral. Planning and Zoning Commission October 21, 2004 Page 9 Public discussion was opened. There was none. Public discussion was closed. Motion: Brooks made a motion to defer SUB04-00030, a preliminary plat of Saddlebrook Meadows Part 1, an 8.95-acre, 47-lot residential subdivision located south of Whispering Meadows Drive subject to correction of technical deficiencies Freerks seconded the motion. Anciaux said the deficiencies were minor, he'd personally prefer to vote on the application and move it along. Hansen said normally he'd defer as well, but since they had already looked at it in a detailed overview he'd prefer to vote and get it moving. Chait said the Commission had a history of approving applications 'subject to' which addressed the concerns so he'd prefer to dispatch this item. Koppes said her preference was not to defer as they'd already reviewed it in detail. The motion was denied by a vote of 1-5. (Koppes, Freerks, Hansen, Anciaux, Chait voted in the negative). Motion: Freerks made a motion to approve SUB04-00030, a preliminary plat of Saddlebrook Meadows Part 1, an 8.95-acre, 47-lot residential subdivision located south of Whispering Meadows Drive and west of Pinto Lane subject to correction of technical deficiencies identified by the City Engineer. Hansen seconded the motion. The motion passed on a vote of 6-0. OTHER: Miklo said at the Commission's request, Staff had researched electronic changeable copy signs for a possible amendment to the current sign ordinance. It turned out not to be as simple a matter as they had thought. One of the things about changeable copy signs was thatthey were not as restrictive on the area of the sign as they were on other signs. There were not that many changeable copy signs because they were so difficult to change. Staffs concern was that if they allowed changeable electronic copy signs but didn't implement size restrictions, they would get a proliferation of them and they would be much larger than those currently being used in the City. In their research Staff had also found out that there issues of brightness of the signs and other related issues that communities controlled. So Staff requested more time to continue their research. CONSIDERATION OF THE OCTOBER 7.2004 MEETING MINUTES: Minutes unavailable. ADJOURNMENT: Motion: Koppes made a motion to adjourn the meeting at 8:42 pm. Brooks seconded the motion. The motion passed on a vote of 6-0. 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HARVAT HALL MEMBERS PRESENT: Bob Brooks, Dean Shannon, Beth Koppes, Jerry Hansen, Benjamin Chait, Donald Anciaux, Ann Freerks, STAFF PRESENT: Bob Miklo, Mitch Behr, Shelley McCafferty OTHERS PRESENT: Michael Maharry, Chris Offutt, Jim Buxton, William Lake, Caroline Eldeen, Ginalee Swaim, Scott Palmberg, Jill Gaulding, Tom Nothnagle, Walter Kopsa, Bruce Brechtel, Claire Sponsler, Mike Bretten RECOMMENDATIONS TO COUNCIL:' Recommended approval, by a vote of 7-0, REZ04-00022 a rezoning from General Industrial (1-1) zone to Community Commercial (CC-2) zone for .33 acres of property located at 611 Hollywood Boulevard. Recommended approval, by a vote of 7-0, SUB04-00012 a final plat of General Quarters, a 24.12-acre, 29-Lot single family subdivision located east of Sycamore Street, south of Stanwyck Drive subject to approval of legal papers and construction plans. Recommended approval, by a vote of 7-0, SUB04-00029 a preliminary and final plat of Myrtle Ridge Subdivision, a .54-acre, 3-lot residential subdivision located at 211 Myrtle Avenue subject to approval of a special exception to allow a shared driveway and parking areas by the Iowa City Board of Adjustment and approval of legal papers by the City Attorney Office. CALL MEETING TO ORDER Chairperson Anciaux called the meeting to order at 7:38 PM. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA NONE HISTORIC PRESERVATION ITEMS REZ04-00025 Discussion of an application from the Historic Preservation Commission for a rezoning from Medium Density Single-Family Residential (RS-8) and Neighborhood Conservation Residential (RNC-12) to Medium Density Single-Family Residential/ Historic Preservation Overlay (RS-8/0HP) and Neighborhood Conservation Residential/ Historic Preservation Overlay (RNC-12/0HP) on approximately 14.3 acres located along Ronalds Street between Van Buren and Governor Streets. This rezoning is to establish the Ronalds Street Extension of the Brown Street Historic District. McCafferty said that the applicant, the Iowa City Historic Preservation Commission, is proposing the rezoning of two areas in the north side Neighborhood to Historic Preservation Overlay (OHP) to designate two new local historic districts; the Ronalds Street extension of the Brown Street Historic District and the Gilbert-Linn Street Historic District. She mentioned that concern regarding preservation and stabilization of the north side area has been ongoing, and it began in 1970's. However, she said that official policies regarding historic preservation were not established until 1992, and that was when the Comprehensive Plan amended to include the Iowa City Historic Preservation Plan. McCafferty mentioned in 1994 areas of the north side were down-zoned to RNC-12, to help prevent the further loss of historic structures, single-family homes, and the neighborhood's general historic quality. She stated that RNC-12 zone allows legally nonconforming multi family uses to remain, however it does not allow the establishment of new multi family uses, nor does it allow the existing multi family uses to be expanded. McCafferty added that the Preservation Plan was implemented from 1996 to 2000 in the northside when the City Council authorized funds to do four surveys and evaluations, in order to determine if there were areas eligible for the National Register and the local district designation. She said that it was determined that the two areas considered by the Planning and Zoning Commission would be eligible for the National Register. She added that last year City Council authorized funding to prepare Planning and Zoning Commission Minutes October 7,2004 Page 2 National Registrar nomination for the two specific areas. McCafferty explained that the National Registrar nominations are not required for the local designation, but are an established means through which to determine historic significance, and therefore complying with State Code and Municipal Code for Historic Districts. McCafferty said that at the September 9th meeting of the Historic Preservation Commission the two areas in discussion were determined eligible for designation as local districts, and the designation of local districts requires rezoning of both the Ronalds Street and the proposed Gilbert-Linn Street districts to Historic Preservation Overlay (OHP). McCafferty said that according to the zoning ordinance, the role of the Planning and Zoning Commission is to review historic preservation overlay rezonings based on the relation of such designation to the Comprehensive Plan, Zoning Ordinance, proposed public improvements, and other plans for the renewal of the area involved. She said that in 1997, when the current Comprehensive Plan was adopted, it reaffirmed the 1992 Historic Preservation Plan. According to the Comprehensive Plan, "the City has made a commitment to preserving its historic neighborhoods, and adopted measures such as historic district overly zoning as preservation tools. The Historic Preservation Plan provides further details on neighborhood preservation efforts." McCafferty said that specific goals and strategies of the Comprehensive Plan further support historic preservation. These include: Art, culture, and human development- document and preserve our cultural heritage; continue implementation of the Iowa City Historic Preservation Plan. Environmental protection - maintain the integrity of scenic and historic vistas; enforce appropriate elements of the Historic Preservation Plan. Housing - preserve the integrity of existing neighborhoods and the historic nature of older neighborhoods, develop neighborhood plans which help to ensure the continuation of a balance of housing types within neighborhoods, particularly in older parts of the city, and support the Historic Preservation Commission's efforts to meet its goals. Land use and urban pattern- protect the historic and natural environment within the city, and continue the implementation of the Iowa City Historic Preservation Plan. McCafferty said that the two proposed historic districts are located in the Central Planning District, and specifically for this district, the Comprehensive Plan supports preserving the integrity of existing neighborhoods adjacent to downtown and the University, which includes the North side where the proposed districts are located. McCafferty said that although the intent of the RNC-12 zone is to stabilize the neighborhood, the zone does not prohibit physical alterations to properties that may change the historic character of the neighborhood. She mentioned that the RNC-12 zone does stabilize the uses within a district, but it does nothing to protect historic character. The Historic Preservation Overlay zone is used to designate Historic Districts, and that allows for the management of changes to properties which may affect the historic character. She added that this is done by the historic review process, implemented by the Historic Preservation Commission. The Historic Preservation Overlay zone, she said, does not affect the use of properties allowed by the underlying overlay zone, it does not require owners to restore their properties, it does not prevent changes to properties and the neighborhoods, it does not try to fix particular neighborhood in time, or restore it to a particular era, and it does not prevent compliance with housing and building codes. However, McCafferty said, The Historic Preservation Overlay zone requires that any change within Historic Preservation District to the exterior of properties that requires a building permit, be reviewed by the Historic Preservation Commission through the historic review process. She added that another part of the review process involves the certificates of no material effect. McCafferty said that many projects do not require the historic review; they usually require the certificate of no material effect, which takes two or three days to approve. She mentioned that painting, gutters, reroofing, repairs that do not require a permit. McCafferty said that in terms of the rezoning of the Ronalds Street extension of the Brown Street Historic District, staff believes that it complies with the Comprehensive Plan, and with the preservation policies of Planning and Zoning Commission Minutes October 7,2004 Page 3 the City, and recommends approval of the district. She added that prior to taking any action a recommendation from the State is required, to confirm that the district is eligible relative to State Code. Hansen asked when the recommendation from the State would be received. McCafferty answered that they expect to receive the recommendation from the State by the next Planning and Zoning Commission meeting. Public Hearinq Opened Michael Maharrv, 903 East College Street, the chair of the Historic Preservation Commission said that he has nothing more to add to the staff report; however, he said that he would be in the room to answer any questions. Anciaux asked what is the purview for this. Behr answered that it has to be determined whether or not it is in compliance with the Comprehensive Plan, and the general Zoning Ordinances. Public Hearinq Closed MOTION: Freerks made a motion to defer the discussion of Ronalds Street extension of the Brown Street Historic District to the October 21 meeting. Hansen seconded the motion. The motion passed on a vote of 7-0. REZ04-00026 Discussion of an application from the Historic Preservation Commission for a rezoning from Medium Density Single-Family Residential (RS-8) and Neighborhood Conservation Residential (RNC-12) to Medium Density Single-Family Residential/ Historic Preservation Overlay (RS-8/0HP) and Neighborhood Conservation Residential/ Historic Preservation Overlay (RNC-12/0HP) on approximately 20.8 acres located along Linn Street between Bloomington and Ronalds Streets, and along Gilbert Street between Bloomington and Church Streets. The rezoning is to establish the Gilbert-Linn Street Historic District. McCafferty said that the previously mentioned characteristics of the Historic Districts are applicable to this case. Public Hearinq Opened Chris Offutt, 309 Church Street, said that he was a resident of Iowa City for more than fifteen years. He mentioned that he moved and lived in several neighborhoods, and seen a lot of change, destruction, construction, and a lot of preservation. He added that he is in favor of the establishment of the Gilbert- Linn Street Historic District. He said that this will preserve the beauty of the architecture, and increase integrity of the neighborhoods, particularly those were people want to live with families. Jim Buxton, 1811 Muscatine Avenue, said that he owns and manage two properties in the district. He mentioned that he is opposed to the establishment of the Gilbert-Linn Street Historic District, because this is a taking of the property rights. For example, he said, if someone wants to put vinyl siding on his or her property, that would be strictly prohibited. Buxton said that not everyone in the district was notified about the Planning and Zoning Commission meeting. He added that he knew at least two owners that were not notified at all. He also mentioned that all the restrictions that exist in an historic district are mentioned in a handbook and on the Internet. Buxton said that not everybody has access to a computer, and some of the elderly people might not even know how to use a computer. He mentioned that the restrictions handbook is three pages long, and that he brushed on the disallowance of vinyl siding. Buxton stated that if the owners want to go on record officially as being opposed, their letters have to be notarized. He said that this requirement was not mentioned in the notice that was sent out. Buxton asked if the Commission is aware of any letters that were sent in opposition to this, either notarized, or not notarized. Anciaux answered that the Commission will defer this to the next meeting to give more time for letters. Hansen said that he believes that the Commission has received all pieces of information that the City has received on this matter, and that he counts that there are 35 opposed and 7 in favor. Buxton asked if there are a certain number of people opposed to stop the process. McCafferty said that if owners of 20% of the property within the district protest with notarized letters, when it gets to City Council, a super Planning and Zoning Commission Minutes October 7, 2004 Page 4 majority is required to pass. Freerks said that that requires supermajority of the Council, not of the Commission. Carol Eldeen, 713 South Seventh Street, mentioned that she has three properties in three historic districts, and had a really favorable experience. The porch on one properties was built in the summer, and no one forced her to do something she did not wanted to do. She said that she is completely favorable to this, and that she believes that in the long-term, it is going to preserve the historic areas. William Lake, Flatiron Avenue, said that his concern is that with the prices of utilities going up, the fact that they as property owners will not be able to insulate their homes, and put on vinyl siding, will hurt the students that are renting those homes, who will have to live with limited budgets and pay too much on utilities. He said that there are improvements that could be done to a house, and with the historic districts, it would not be allowed to do that. Ginalee Swaim, 1024 Woodlawn Avenue, said that she lives in a historic district and went to a design change process, and found it an incredible useful process by which they improved their home in ways they would not have thought of on their own. Generally, she said, whatever a person is doing to a home, there is an alternative way of doing it that would benefit the house structurally, and historically, and therefore this would benefit the neighborhood and the property value of all. She said that the north side neighborhood is her favorite part of the town. She added that young people that move in the north side are specifically attracted by the historic qualities. She said that Iowa City should be really proud of having a very large stock of older houses that speak to the history, and is a privilege and obligation to protect it in any way we can. Scott Palmberq, 322 North Linn Street, said that he is an architect in Iowa City. He said that he is opposed to the establishment of the Gilbert-Linn Street Historic District because he believes matters concerning private property should remain with the property owner. He added that it is anti-democratic for Government on any level to dictate to a homeowner, the manner in which the individual's land and home are kept. He said that it is a dangerous notion for any community that claims to be progressive and champion diversity. Palmberg stated that while he agrees with the Historic Preservation Commission that some homes have historic architectural merit, he thinks that is dangerous to impose the will of a few on all homeowners. He added that the choices made about each property are their choice and nobody else's. Jill Gauldinq, 225 East Davenport Street, said that this is not a discussion between 100% fascist control of what people do with their properties, and free community. She said that for example the vinyl siding is a minimum realistic control that deserves thought. She said that minor things like that make a huge difference in terms of how it feels to live in the neighborhood. She said that she doesn't just live on her property, she lives in the entire neighborhood, she walks on the streets everyday, brings her kids to school, walks the dog, picks up trash, and little things help signal that this is a community and not just a place were people live. She said that they recently organized their neighborhood party, which was very successful. She said she was very supportive of the proposed district as a way of improving the neighborhood. Tom Nothnaqle, Ronalds Street, said that what neighbors do does impact you. He stated that for the last seven years, he had a construction project going on next-door, and he felt that it is important how the neighborhood is kept up. He said that unfortunately his neighbor is outside of the historic district, while he is right at the border. He added that what people do next to you does affect the quality of your life. Wallv Kopsa, 136 Ashwood Drive, owner of 320 and 324 Davenport Street, said that his sense of community isn't that one group's idea of aesthetics should be the police power to be used to enforce on everybody else. He said that not everyone in this big area should be forced to conform to one specific view of how things should look. Bruce Brechtel, 155 Juniper Court, asked if there is any reason why the Commission would ever oppose the historic district. Miklo answered that there are situations when areas are not historic districts because the Comprehensive Plan of the City proposes redevelopment of such areas. He said that the area south of Burlington Street is an area identified for redevelopment and therefore a historic district would not be likely in that area. Brechtel said that if that would be the case then that the decision would not even have to be public, and the staff would decide that. Miklo said that it is up to the Commission to determine whether or not the proposal meets the requirements of the Comprehensive Plan. Brechtel said that he is Planning and Zoning Commission Minutes October 7,2004 Page 5 opposed to the application. He asked what is the next process. Chait said that the next step is the City Council. Brechtel asked what does super majority mean. Miklo replied that 6 out of 7 Council members are necessary to approve a rezoning. Brechtel said that he was not informed about the meeting, and that he learned about it from a neighbor. McCafferty said that in terms of notification, the staff uses the Johnson County tax records to determine who the owners of the properties are and what their mailing address is. She said that if the property was bought within the past three months, it might not be updated on the property tax records; otherwise, everybody should have been appropriately notified. Claire Sponsler, 413 North Gilbert Street, said that she lived in the neighborhood for 10 years, and she watched families and homeowners move in, struggling to create a sense of neighborhood. She said that the historic designation is an extraordinary opportunity to stabilize the neighborhood, which is a delightful place to live. She mentioned that it is a diverse neighborhood, with homeowners, renters, and they all deserve to live in a vibrant community, with properties that are historically preserved. She said that the most important thing that the designation would offer to the community is the chance to really protect and stabilize the community. Mike Brennan, asked if the public right-of-way counts toward the 20% needed to object the proposal. Behr said he would check on this. Brennan said after 150 years the neighborhood is still historic. He asked if the commission can determine that leaving the district as it is, is consistent with the Comprehensive Plan. He added that if it is not broke, don't fix it. William Lake said that his notification letter was mailed to one of the properties that he owns, and not to his own house, and that he was lucky enough to receive the notification. Maharry said that his comment regarding the notion that if it is not broke, do not fix it is that one reason that the historic neighborhoods are protected is to protect them for the future. He mentioned that there is no guarantee that these neighborhoods will be managed in the future as they have been protected in the past. Offutt said that Iowa City is a town that has a student-driven economy, and the people who are opposing this are mainly people who have rental properties. He mentioned that the majority of people in favor are owners, who occupy the property themselves. He added that if someone lives in the neighborhood he/she would have a greater investment in the personal level and that should be taken into consideration. Public Hearinq Closed MOTION: Freerks made a motion to defer the discussion of the Gilbert-Linn Street Historic District to the October 21 meeting. Koppes seconded the motion. Chait asked how would the staff determine the 20% opposition that needs to be met. Behr said that the staff will present a report in the next meeting of the commission. The motion passed on a vote of 7-0. REZONING ITEM REZ04-00022 Discussion of an application initiated by the City of Iowa City for a rezoning from General Industrial (1-1) zone to Community Commercial (CC-2) zone for .33 acres of property located at 611 Hollywood Boulevard. Miklo said that this portion of the town was zoned M1, which is Manufacturing Zone. In 1983 the City rezoned most of the properties in the area to CI-1, Intensive Commercial, and CC-2, Community Commercial zones. Miklo said that the parcel in discussion housed a snackfood factory and was zoned 1- 1 due to the industrial use present at the time. He mentioned that it has recently come to the City's attention that this is the only 1-1 parcel in the area, and that rezoning the property would eliminate a spot zoning. It is for this reason that the City is initiating the rezoning request. Staff recommends rezoning to CC-2 which would be compatible to the adjacent properties. Planning and Zoning Commission Minutes October 7, 2004 Page 6 Public Hearina Opened NONE Public Hearina Closed MOTION: Brooks made a motion to approve the rezoning from General Industrial (1-1) zone to Community Commercial (CC-2) zone for .33 acres of property located at 611 Hollywood Boulevard. Shannon seconded the motion. The motion passed on a vote of 7-0. DEVELOPMENT ITEMS SUB04-00012 Discussion of an application submitted by Mike Roberts Construction for a final plat of General Quarters, a 24.12-acre, 29-Lot single-family subdivision located east of Sycamore Street, south of Stanwyck Drive. Miklo said that this property was rezoned to RS-5, Low Density Single-Family Residential and a preliminary plat was approved this spring. He stated that the applicant is proposing the final plat for the northern portion which will have access to Gable Street. He added that there will be a temporary access for the construction vehicles at the Sycamore Street. Miklo said that the legal papers contain a provision saying that the construction traffic should use Sycamore Street to the extent possible. The staff recommends approval subject to approval of legal papers and construction plans prior to the City Council consideration. Public Hearina Opened NONE Public Hearina Closed MOTION: Freerks made a motion to approve subject to approval of legal papers and construction plans. Brooks seconded the motion. The motion passed on a vote of 7-0. SUB04-00029 Discussion of an application submitted by Mark Holtkamp for a preliminary and final plat of Myrtle Ridge Subdivision, a .54-acre, 3-lot residential subdivision located at 211 Myrtle Avenue. Miklo said that there was a rezoning application for the property which was not approved by the Commission, and the applicant is now back with a subdivision that complies with the RS-8 zoning. He said that the proposed subdivision will divide the property into three lots. Miklo said that lot one will contain the existing house, lot two which contains sufficient land for either a house or a duplex, and lot three which also contains sufficient land for either a house or a duplex. He added that the applicant is also proposing a share common driveway for all three properties, which is considered a good thing because there will only be one cut up into Olive Street. He mentioned that normally a sidewalk would be required, but because the grade and the mature trees, the staff believes that it is not appropriate to put a sidewalk on Olive Street. He said there would be sidewalk between lots 1 and 2 to safely direct pedestrians to the public sidewalk on Myrtle Avenue. Miklo said that the staff recommends approval subject to approval of a special exception to allow a shared driveway and parking areas by the Iowa City Board of Adjustment and approval of legal papers by the City Attorney Office prior to the City Council consideration of the final plat. This recommendation, as Miklo said, includes a waiver of the installation of a public sidewalk on Olive Street provided that an alternative pedestrian access route be provided across Lot 2 from Lot 3 to Myrtle Avenue. Public Hearina Opened NONE Planning and Zoning Commission Minutes October 7, 2004 Page 7 Public Hearina Closed MOTION: Koppes made a motion to approve the final plat of Myrtle Ridge Subdivision, subject to approval of a special exception to allow a shared driveway and parking areas by the Iowa City Board of Adjustment and approval of legal papers by the City Attorney Office. Freerks seconded the motion. The motion passed on a vote of 7-0. OTHER ITEMS Miklo said that a Memo has been written, from the Commission to the Council, outlining the procedures for the remaining of the Code Rewriting, and if there are any revisions, they could still be made. Shannon will not be present at the next meeting CONSIDERATION OF THE SEPTEMBER 16, 2004 MEETING MINUTES MOTION: Hansen moved to approve the minutes as written. Shannon seconded the motion. The motion passed on a vote of 7-0. ADJOURNMENT Motion: Freerks made a motion to adjourn the meeting at 8:40 pm. Shannon seconded the motion. The motion passed on a vote of 7-0. Elizabeth Koppes, Secretary Minutes submitted by Bogdana Rus s:/pcd/minutesJp&z/2004/2004 10-07 -04p&z.doc Iowa City Planning & Zoning Commission Attendance Record 2004 FORMAL MEETING Term Name Exoires 01115 02/19 03/04 04/01 04/15 05/06 05/20 06/03 06/17 07/01 07115 08/05 08/24 09/02 09/16 10/07 10/21 11/04 11/18 12/02 D. Anciaux 05/06 X X X X X X X X OlE X X X X X X X B. Brooks 05/05 X X X X X X X X X X X X X X X X B, Chait 05/06 X X X X X 0 X X X 0 0 X OlE X X X A. Freerks 05/08 X OlE OlE X X X X X X X X X X OlE X X J. Hansen 05/05 X X X X X X X X X OlE X X 0 0 X X E. KODoes 05/07 X X X X X X X X X X X X X X X X D. Shannon 05/08 X X X X OlE X X X X X X X X X X X INFORMAL MEETING Term Name Exnires 01/12 03/01 05/17 06/14 06/28 08/02 10/4 D. Anciaux 05/06 X X X X X X OlE B. Brooks 05/05 OlE X X X X X X B, Chait 05/06 X 0 X 0 0 0 0 A. Freerks 05/08 X OlE OlE X OlE X OlE J. Hansen 05/05 X X X OlE OlE X X E. KODDes 05107 X X X X X X X D. Shannon 05/08 X X X X X X X Key: X = Present 0 = Absent DIE = AbsentJExcused N/M= No Meeting -- -- = Not a Member