The URL can be used to link to this page

Home My WebLink About1995-11-07 Bd Comm minutes Human Riohts Commission Minutes of September 26, 1995 Members Present: Alison Ames-Galstad, Mel Dautremont, Ken Gatlin, Joan Jehle, Osha Davidson, Dorothy Paul, Diane Martin Members Absent: Pat Harvey, Ann Shires Staff Present: Heather Shank, Anne Burnside, Cynthia Riley CALL TO ORDER: Chairperson Galstad called the meeting to order at 7:00 p.m. Minutes were approved. Chairperson Galstad explained'to the Commission the City Council would be taking up the recommendations to Council of last month, adding subpoena power to the Human Rights Ordinance and adding additional language to the Human Rights Ordinance which would provide protection from discrimination for transgendered people [please see attached amendment for language used]. Human Rights Awards Breakfast Each member of the awards committee, Commissioner Davidson, Commissioner Jehle, Commissioner Dautremont, received copies of nominations. Heather Shank explained she has done an interview for the government channel and KXIC about the Breakfast. Commissioner Jehle and Commissioner Gatlin each took ten Breakfast tickets to sell. Commissioner Martin took 5 tickets to sell. Commissioner Paul will buy three tickets. Commissioner Davidson suggested that Commissioners buy their own tickets if they are willing. He did not feel he should have his ticket come out of the budget as he has concerns about the size of the budget. The Commissioners provided ideas of locations to advertise and sell Breakfast tickets. Training Session for Commissioners A total of 68 Commissioners across the state have signed up for Commissioners training sponsored by the Iowa Civil Rights Commission. It will take place in Des Moines November 16-17. All Iowa City Commissioners except Commissioner Paul plan to attend. Reports of Commissioners Commissioner Paul mentioned a Diversity Conference. It will be October 17-18. Commissioner Paul also mentioned a conference that will be held October 17 in the Union. She believes a member of the U.N. delegation to the Conference in Beijing may be part of the Conference. Commissioner Paul talked about a workshop she attended organized by Charlotte Bunch which addressed women's human rights. Commissioner Dautremont announced that Gloria Steinera will be at MacBride September 27. Commissioner Dautremont told the Commission she was invited to the gay/lesbian/bi-sexual Peoples Union meeting on Sunday, September 24. They provided her with a page of definitions of terms relating to gender issues. She indicated that members of this group will be addressing the City Council about the proposed change to the Ordinance. Chairperson Galstad added that she had spoken with Brett Beemyn and understood that quite a few people from the Peoples Union would go to the Council meeting to discuss this issue. Commissioner Dautremont understood their concerns to be the language and placement of gender issues in the Ordinance. They prefer to have the transgender addition worded differently (intrasexual) and made its own category, not a subsection of sexual orientation, according to Commissioner Dautremont. Chairperson Galstad explained either approach will cover the same people and provide the same protection under the Ordinance as is provided to other protected classifications. She explained the subcommittee that addressed this issue had no problem accepting gender identity as a separate category. The Commission decided to recess while they moved to the City Council chamber to discuss the amendment to the Ordinance to add coverage of another group. Commissioner Davidson has information on a conference to be held in Davenport, sponsored by the Stanley Foundation for all who ware interested. Commissioner Davidson had copies made for the Commission of information he received from a person in Ankeny concerned with the issue of male circumcision. Commissioner Davidson asked the Commission's opinion on the issue. After brief discussion, the Commission as a whole is not interested in responding to this issue. There are three vacancies opening on the Commission. The terms of Ken Gat]in, Ann Shires, and Dorothy Paul are expiring. Commissioner Paul will not reapply, Commissioner Gatlin was convinced to reapply. Status of Current Cases Team A has a case ready to be read. Old Business Community Day will be Saturday, September 30 at Old Capitol Mall. The Human Rights Commission is table 28 in front of Dalton's Bookstore. The table will need to be staffed from 10:00 to 4:00. Commissioner Martin volunteered to staff the table from 2:00 to 4:00. Cynthia will run the table from 10:00 to 2:00 if needed. Commissioner Gatlin may be able to stop by and work the table as well. Commissioner Dautremont and Commissioner Gatlin mentioned that last year Commissioner Harvey wanted balloons and other things to attract attention to our table. Recess Public Discussion Commissioner Galstad reconvened the meeting [following discussion at the City Council meeting]. Mickey Eliason, 315 Morningside Dr, Iowa City, 52245 addressed the Commission. She suggested having a definition as opposed to adding the term 'gender identity' in the list of classifications protected by the Human Rights Ordinance. She suggested language to define gender identity that could be used in place of the term 'gender identity': "people whose behavior, appearance or clothing are ~ypically considered to be in any way appropriate for a different gender." David Tingwald, 814 E. Market, Iowa City, 52245 addressed the Commission, urging a separate category in the Ordir~ance for gender identity. He added to Dr. Eliason's definition the notion that those whose gender identity is the same as their biological sex should also be protected under the language. He mentioned the sexual orientation definition as an example, which protects heterosexuals as well as bisexuals and homosexuals. He stressed the language must protect everyone equally. Mr. Tingwald explained in trying to add sexual orientation as a protected class at the state level, there were problems with interpretation and acceptance of the language. He is concerned that by adding gender identity protection to the sexual orientation classification, Iowa City may prevent a clear definition of terms and set back .the effort for human rights in the state. Dawn Arkins will provide the Commission with a copy of the Santa Cruz Ordinance. She added that she prefers Dr. Eliason's language to the way the issue was handled in the Santa Cruz Ordinance. Ms. Atkins also added that Santa Cruz added height, weight, and physical characteristics to their Ordinance and she encourages the Commission to do so as well. The subcommittee will look at this issue again and consider the input they have received. Commissioner Galstad indicated the Commission will hold a special meeting to vote on changes made by the subcommittee before the October 10 City Council Meeting so that the Ordinance language addition may still be voted upon at that time. Commissioner Gatlin expressed a concern that the public be made aware of the procedures for announcing meetings so that they can continue to follow this issue. Heather passed around a sign-up for persons who wished to receive notice of the next meeting. Heather again mentioned the Breakfast and encouraged all who are interested in human rights to attend. Commissioner Jehle proposed the Commission ask the Council to proclaim the week of the Human Rights Awards Breakfast Human Rights Awareness Week. Anne Burnside explained the proclamation process. Lorraine Saeger handles arranging proclamation requests. Commissioner Paul added the Commission would need other activities if they were to proclaim a Human Rights Awareness Week. Chairperson Galstad suggested the Commission check with Lorraine to learn if there are guidelines for arranging such a proclamation. Commissioner Davidson and Chairperson Galstad thanked those in attendance for expressing their views and urged them to continue to work with the Commission. Adjournment auMANRI~HTS COMMISSION SPECIAL~ETIN~ Minutes of October 9, 1995 PRESENT: Chairperson Alison Ames Galetad, Commissioner Pamela Dautremont, Commissioner Osha Davidson, Commissioner Ken Gatlin, Commissioner Pat Harvey, Commissioner Diane Martin, Commissioner Dorothy Paul, Commissioner Ann Shires ABSENT: Commissioner Joan Jehle Chairperson Galetad called the meeting to order at 6:29 p.m. Minutes from the last meeting were approved with the following corrections: Commissioner Gatlin's term is not due to expire in Januaryas stated. Instead, Commissioner Harvey's term is expiring at that time. Chairperson Galetad will not be attending Commissioner training in November but will go to the Lieutenant Governor's diversity training October 17-18, 1995. Commissioner Harvey will not be able to attend the Commissioner training in November either. Consideration of Revisions to the HumanRights Ordinance Concerning Gender Identity: Chairperson Galetad asked if all members received revised copies of the gender identity amendment and all portions of the Human Rights Ordinance that would include the amended language. The definition of sexual orientation is not part of the information provided, as it will not be changed. Commissioners Davidson and Shires met with Chairperson Galetad to revise the Human Rights Ordinance to include transgendered individuals. The subcommittee took into consideration the recommendations offered during the Human Rights Commission meeting and City Council meeting September 26, 1995. The wording in the current proposal adds a new protected class to the ordinance which is 'gender identity'. Gender identity is defined in the revision as, "a person's various individual attributes, actual or perceived, in behavior, practice or appearance, as they are understood to be masculine and/or feminine. Chairperson Galetad explained the protected class of gender identity would be added to all sections of the Human Rights Ordinance; housing, employment, credit, and public accommodation. [See attached]. Chairperson Galstad opened the floor to Commissioners and the public for discussion. Brett Beemyn expressed concerns about providing a list of protected persons within the term gender identity. Commissioner Davidson explained a list of categories is not part of the Ordinance. It appears in a policy statement or internal document that is not tied to the Ordinance that lists the definition of protected categories. Commissioner Davidson explained it is done this way for several reasons. Some City Council members had expressed a concern about adding a list defining the subcategories of gender identity which would have to be rewritten when changes arose and would require a more cumbersome process. A policy statement provides the same type of guarantees and is easier to amend. Commissioner Davidson also explained the other protected categories are defined as generally as is feasible. Mr. Beemyn asked when the Human Rights Commission or subcommittee would draft such a policy statement. Commissioner Davidson indicated he would like it done in the next few weeks and it will follow a similar procedure and hoped to have public input earlier in the process. Chairperson Galstad asked Mr. Beemyn if he had a concern that a particular group of people are not covered by the category of gender identity. Mr. Beemyn said no, but he is concerned about what will be listed in the policy statement. Chairperson Galstad explained that creating the policy statement will be part of the Human Rights Commission agenda for future meetings and will be posted in advance. Commissioner Paul asked if a policy statement would be necessary before the City Council would approve the new category, Assistant City Attorney Anne Burnside explained it would not be the usual procedure to include a policy statement with an amendment. Commissioner Harvey asked about the purpose of the policy statement. Commissioner Davidson explained a policy statement would be used by city officials and possibly complainants to ensure all are included within the categorywhose inclusion is intended. He analogized a policy statement to an explanatory footnote. Chairperson Galstad believes it would be used by the Human Rights Coordinator as an internal document. Josh Kronick indicated a concern that gender identity and the accompanying definition did not cover all persons he feels should be covered by the category. He explained the current language-appeared to him to indicate that masculinity or femininity or masculinity and femininity are the only choices and a spectrum should be recognized. He questioned the possibilities for a person who changed their sex but not their gender. Anne Burnside explained sex is a protected category and complainants often file under more than one category. Commissioner Davidson answered that his understanding of the language is that a spectrum of gender identities would be covered. Mr. Kronick suggested the language "masculine, feminine or any combination thereof." Human Rights Commissioner Heather Shank explained that this conversation and others will serve as legislative history, explaining the Commission intends the language to include a spectrum of gender identities. Anne Burnside indicated her understanding of the language is that it is inclusive and will allow the Human Rights Coordinator to accept complaints based on gender identity discrimination as is the intent of the amendment. Chairperson Galstad moved that a vote on the language as amended be taken. Commissioner Dautremont seconded the motion to vote on section 2-1-1 as applicable to the entire amendment. The language was approved byunanimous vote. Meeting adjourned. The Iowa Association of Human Rights Agencies and The Iowa Civil Commission , will sponsor a one and one-half day civil rights cbnference Thursday, November 16 and Fridaw November 17 at Ramada Inn - Westmark Convention Center in West Des Moines, Iowa · Enclosed please find a map showing the location of the hotel, a schedule for the conference, a room registration, and sheet to list all participants from your agency. The Iowa Civil Rights Commission will pay for lodgingand food costs associated .with the conference (afternoon break and evening meal on November 16 and coffee and rolls the morningof.. - November 17). Participants will be responsible for mileage and all other costs. Please return these forms to Dawn Peterson, Iowa Civil Rights Commission in the enclosed self-addressed envelope by Friday, September 8. Please also send Dawn a copy of your agency's ordinance and any rules or by-laws you have for your agency. PLEASE NOTE: The Iowa C'nva Right~ Commission will pay the Ramada directly for your lodging. You should not receive a bill for your lodging unless yoa incur other A~y other co~ts you incur (such as room service) will be your 3!th Conference agenda Thursday, November 16 1:00 - 1:55 p.m. Welcome, plenary sossion History of IAOHRA 2:00 - 3:45 p.m. Workifiop I'(2 tracks) Staff Intake, Complainant inte~wiew, writing complaints, records requests, investigative plans 3:45 - 4:00 p.m. ....Break 4:00 - 6:00 p.m. Workshop H "Staff_ -' ' Investigation, analyzafion of records, Respondent interviews, difficult Respondents or counsels, powers of ordinances and rules 6:00 - 7:15 p.m. 7:30 - 9:00 p.m. D~ner Items of gene'ral concern Commissioner roles, powers, duties .Commissioner - - rules and ordinances Friday, November 17 8:00 o 9:30 a.m. Workshop 1II Report writing - part I burdens of proot[ ~eofies of discrimination Commissioner Analyzation of r~ords and application of ordinances - a lay persp~ztive 9:30 -. 9:45 a.m. 9:45 - 11:30 a.m. Break Workshop IV lieport writing - pat II work soasioa Commissioner ~bli~ xelations, oulxea¢l~ public image, education HUMAN RIGHTS COMMISSION MEETING OCTOBER 23, 1995 MINUTES PRESENT: ABSENT: STAFF PRESENT: Chairperson Alison Ames Galstad, Commissioner Mel Dautremont, Commissioner Osha Davidson, Commissioner Pat Harvey, Commissioner Joan Jehle, Commissioner Diane Martin, Commissioner Dorothy Paul, Commissioner Ann Shires Commissioner Ken Gatlin Anne Burnside and Heather Shank Chairperson Galstad called the meeting to order at 7:04 p.m. 1995 Special Meeting were approved. There were no recommendations to Council made. Minutes from the October 9, STATUS OF SUBPOENA POWER AND GENDER IDENTITY CATEGORY ADDITIONS TO THE HUMAN RIGHTS ORDINANCE: Chairperson Galstad announced both the subpoena power and gender identity category additions to the Human Rights Ordinance were unanimously approved at the October 10, 1995 Council meeting. She also announced both items are on the agenda for the October 24, 1995 Council meeting for second consideration. It will be item 25 on the Council agenda. Commissioner Martin asked what the Commission's response would be to a question about a male employee dressing in a wig and make up to spite his employer. Commissioner Davidson suggested a response to that hypothesis would be to explain that that individual would not have a successful complaint if they were dressing in a manner considered appropriate for females merely out of spite and not due to reasons associated with his gender identity. Heather Shank added that such a scenario would be an improbability. REPORT ON THE IOWA LIEUTENANT GOVERNOR'S DIVERSITY CONFERENCE: Chairperson Galstad and Heather Shank went to the Diversity Conference in Des Moines which was held October 17 and 18, 1995. Anne Burnside was at the conference to present a lecture as part of a panel on discrimination in the work place. She explained the topics covered, including ENDA, the Employment Nondiscrimination Act, which includes sexual orientation as a protected category at the federal level. Chairperson Galstad mentioned the session on "Why Every Community Needs A Diversity Team' as a particularly interesting session. Chairperson Galstad also mentioned a session about breaking communication barriers with law enforcement agencies. She described a handbook put together in Omaha by a community organizer named Kay Neal and her group which peace officers refer to if they need to communicate in other languages. Anne Burnside indicated that she was not aware if the Iowa City police force has something like this handbook. Commissioner Harvey indicated she believed the police in Iowa City call for interpreters if necessary. Commissioner Paul spoke at a session about women resisting oppression. Women from the Council for the Status of Women participated. There were approximately 60 people in attendance. Commissioner Paul indicated she was disappointed by the small amount of media attention the conference generated. Heather Shank mentioned a session on language which had many examples in nonoffensive and gender neutral language. Chairperson Galstad mentioned meeting a leader in Davenport who will be a good reference person when Iowa City begins the work of creating a diversity team. REPORTS OF COMMISSIONERS: Commissioner Dautremont announced that November 9, 1995 at 7:30 p.m. in the !ndiana Room of the Iowa Memorial Union, the Iowa City Organization for Women is presenting a film called "The Frankie and Jocie" done by Jocelyn Taylor. It will touch on homophobia and racism. Refreshments may be served. On November 5, 1995 at 3:00 at Clapp Recital Hall, a reading of various works will be held. The next NOW meeting will be a potluck on November 21, 1995. Commissioner Dautremont congratulated Commissioner Paul on the success of the 'Bringing Back Beijing' Conference. Commissioner Paul reminded those in attendance about the Stanley Foundation Conference. It will feature State Department officials who were present at the Conference in Beijing. A representative of Citizens for Democratic Renewal will speak. This group monitors militia movements in the U.S. Commissioner Davidson said Ellen Dorsey will also be there. CASE UPDATES: Heather Shank explained case number 7 has been inadvertently left off the Case Update list. It is case 2-23-9414. It is an age discrimination case, found to be no probable cause. The case listed as number 7 on the update is incorrectly identified as 'closed'. Commissioner Davidson indicated a Council Member asked him why the number of cases has increased. He asked what the group opinion is as to why the number of cases has been increasing, Heather Shank indicated that she believes there is an increase in perception of discrimination. Commissioner Dautremont said that she does not believe the question is answerable. Commissioner Davidson suggested questioning other cities who may have researched the issue. Anne Burnside indicated other subjects such as domestic abuse and sexual assault prosecution show increasing numbers and research has explained the increase. Commissioner Harvey questioned how much time is spent on telephone calls and other contact from potential complainants whose issue clearly does not fit within a category of discrimination, Heather Shank indicated such questions are dealt with in her office frequently. OLD BUSINESS: Chairperson Galstad indicated she has continuing concerns about the staffing problem in the Human Rights office. She asked that Heather Shank and Cynthia Riley create a report within the next month to be given to a subcommittee so that they will be able to look critically at the problem. Chairperson Galstad, Commissioner Davidson and Commissioner Martin are the members of the subcommittee. Per request of the subcommittee working on budget issues, Heather Shank handed out copies of the Fiscal Year 1996 budget. Heather Shank indicated that she has been told it may be possible to hire a staff person who would work twenty hours per week for one year. Commissioner Davidson expressed concerns that the work load is not predicted to decrease at any time in the near future and a part-time employee may not meet the needs of the department. Heather Shank indicted her ultimate goal for staffing the office is to hire a part-time clerical assistant, assigned primarily to transcribe interviews, and a full-time investigator. Commissioner Martin requested that Heather Shank keep track of her work load with enough specificity so that the subcommittee on staffing can better understand the importance of additional staff. Various commissioners suggested her records also include the length of telephone calls and the subject of calls received. Anne Burnside suggested the record keeping could be made less cumbersome by recording activities in a typical week. Commissioner Martin reiterated she is concerned that complaints which are not filed and questions which are answered or referred elsewhere need to be documented to evidence the work load accurately. She suggested reviewing Heather Shank's job description to evidence what jobs she performs. Ms. Shank explained that she did a budget amendment for an additional legal research bill and got her budget for next year increased to cover additional computer legal research, Commissioner Martin expressed her concern about the budget, mentioning the $34.00 budget for office supplies. Heather Shank said the office supplies are covered somewhat by other accounts in the budget (i.e. printing, purchasing, etc). Commissioner Jehle asked that the Human Rights Breakfast be placed on next month's agenda for discussion. She would like to make suggestions for next year. Chairperson Galstad acknowledged Kathy Gartelos, attending the meeting for a class. NEW BUSINESS: The next meeting will be November 27, 1995, the Monday after Thanksgiving. The Commission has met twelve times this year and according to the By-Laws, needs to meet a minimum of twelve times. At the next meeting, the Commission will consider whether to hold a December meeting. Meeting Adjourned. MINUTES IOWA CITY PLANNING AND ZONING COMMISSION THURSDAY, OCTOBER 19, 1995- 7:30 PM CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Sally Dierks, Dick Gibson, Jane Jakobsen, Tom Scott, George Starr, Lee Supple MEMBERS ABSENT: None. STAFFPRESENT: Charles Denney, Sarah Holocek, Robert Miklo, Melody Rockwell, James Erwin RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 7-0, of amendments to the Zoning Chapter concerning adult day care, elder family homes, elder group homes and the definition of elderly, as revised on October 19, 1 995. Recommended approval, by a vote of 7-0, of amendments to the Zoning Chapter requiring bicycle parking for commercial and multi-family residential developments, per the October 19, 1 995, staff memorandum. CALL TO ORDER: Chairman Scott called the meeting to order at 7:45 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Ernie Galer, 1749 West Benton, introduced himself as a realtor representing Tim Wolfe. Galer said Wolfe intended to establish a recycling business at a location inside Iowa City that is zoned General Industrial, I-1. As the I-1 zone currently prohibits recycling activities, Galer asked that the Zoning Chapter be amended to allow recycling activities within an I-1 area. Galer said the Wolfe recycling business is over 20 years old, and is a better class of business than a junkyard, which is only permitted in the I-2 zone by special exception. Tim Wolfe said in response to a question from Bovbjerg, that two-thirds of what his company picks up goes to the Iowa City landfill. He said materialsdon't get piled up outside. He noted that vehicles and equipment would be stored inside, and that only appliances and tires would be outside the building. The appliances and tires would be stored behind the building, screened from public view and removed monthly. Refuse would be sorted inside the building for recycling. Dierks asked if the delay involved in amending the Zoning Chapter instead of locating in the I-2 zone, which allows recycling by special exception, would have a negative impact on any contracts regarding the location. Galer said that a new contract would be necessary, but that was acceptable. Planning & Zoning Commission October 19, 1995 Page 2 MOTION: Bovbjerg moved to direct the staff to prepare a revision of the I-1 zone to allow recycling. Dierks seconded. Starr asked if performance standards would be necessary. Chairman Scott replied yes. Gibson added that provisions for screening sites from public view were necessary, and that careful phrasing was needed to avoid giving companies leeway to pursue unlimited operations, such as auto salvage yards. Miklo said that levels of recycling would be investigated; that auto salvage yards would probably stay in the I-2 zone. The motion carried on a vote of 6-0-1, Supple abstainincl. REZONING ITEM: 1. REZ95-0010. Public discussion of an application submitted by Bob P. Burns and the Greater Iowa City Housing Fellowship to fezone approximately 5.2 acres located east of Old Dubuque Road and north of Dodge Street from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay. Miklo said the Commission had deferred its decision on this item until after the City Council finished its deliberations on its policy for affordable housing. Miklo said the applicants were asking for reconsideration of their new request. Miklo said staff recommended approval, subject to 1) a landscaping plan being required to minimize the contrasts between zones, 2) preservation of the cedar trees on the property, and 3) the construction of the cul-de-sac street, Saratoga Place, by the developer. Gibson asked if the transition scale was adequate. Miklo asserted that the design of the townhouses was adequate, referring to the similar Wellington Heights condominium project. He said with landscaping the transition between the single family homes and the proposed eight-plex should be adequate. MOTION: Bovbjerg moved to defer consideration of REZ95-0010 until the City Council determines its policy on affordable housing, but to no later than March 31, 1996. Dierks seconded. Scott said the Commission would accept comments from the public only as they related to whether the item should be deferred, not on the merits of the project. Public discussion. Bob Burns, 319 E Washington, introduced himself as the architect for the project. He presented a copy of the minutes in which the City Council directed the Planning and Zoning Commission to study the proposal with a focus on decreasing density and controlling development on the south three acres of the proposed development. Burns asserted that these conditions had been satisfactorily met. Planning & Zoning Commission October 19, 1995 Page 3 Gibson noted the basis of the motion for deferral was the current flux in City policy on subsidized housing. Scott asked Burns why an immediate decision was necessary, ~nd noted that the density issue would be discussed if the motion for deferral failed. Burns asked if the record reflected the shift in emphasis. Scott said it did, noting that he had had two previous conversations with Mr. Burns outside of Commission meetings. Gibson noted he had also spoken with Mr. Burns. Burns showed a letter from Marianne Milkman, Coordinator for Community Development. The letter stated that in order to receive $150,000 in HOME funding, legally binding proof of intent to construct the development was needed by November 1. Miklo noted that progress toward achieving the proposed rezoning would meet the terms of commitment. Burns then showed that the 1996 Low Income Housing Tax Credit Program required all submissions to be in by December 1, 1995. He also asserted that the program may be discontinued due to new federal priorities. Gibson requested a recommendation from staff. Miklo stated that land use should be the primary issue. Gibson asserted that land use was immaterial in the absence of a coordinated City housing policy. Miklo said that a decision was needed on the zoning of this property in order to secure funding for the project. If this project does not move forward, other projects would need to be considered for this funding. Gibson asked if anyone from the City Community Development Division was present to advocate for action on this proposal. Rockwell noted that staff was unaware that the discussion would be framed only in terms of whether to defer or not. Previous discussions had focused on land use issues. Scott noted that the Planning and Zoning Commission had indicated in the past, that the City Council needed to affirm its affordable housing policy prior to Commission action on this application. So far the Council had not decided what its policy would be. Burns replied that Karin Franklin had been notified, but was unable to attend the meeting. Dierks asked staff what the consequences of deferral would be. Miklo replied that the developer could request the City Council to put this item back on its agenda, which would allow a vote. Jim Harris, 219 Ronalds Street, Vice-Chair for the Housing and Community Development Commission, expressed his strong support for the development. He said the newly amalgamated Commission had worked formerly as the Housing Commission and the Committee on Community Needs over the past two vears with this development group. He said they were very aware of the critical nature of the deadlines faced by this project and were eager to see this project move forward. Charles Eastham, 1152 E. Court Street, President for the Greater Iowa City Housing Fellowship, also expressed his support for the development and asked that the deferral motion be defeated. He then questioned the necessity of ten months of debate on rezoning a four- acre tract for a fairly straightforward use. He said public bodies should be expected to act in a reasonable manner and within a reasonable time frame. Public discussion closed. Planning & Zoning Commission October 19. 1995 Page 4 Scott explained the basis for the deferral motion. He said he had extensive conversations with the Mayor on the issue and had indicated to her that the Planning and Zoning Commission intended to defer consideration of this item based on the Council's initiation of a housing policy review. The Mayor offered no disagreement. Scott said it would be unfair to the neighbors to defer indefinitely. Thus, the time limit of March 31,1996, was made part of the motion to defer. Scott said the City housing policy is in a state of flux. Scott then said that the minutes will support that the Planning and Zoning Commission has been consistent in its intent to defer, and that the City Council has not taken any action on housing policy to prevent that deferral. He noted that the letter from Marianne Milkman outlining the deadline provoked no reaction from the City Council, despite its presence in the information packets given to Council members. He stated that in the absence of direction from the City Council, deferral was prudent. Bovbjerg stated that having read the Council minutes on this item, she felt the charge to the Planning and Zoning Commission was to investigate density and development control. She suggested that the Milkman letter was informative, but was not advocating for this project. She said the Commission's concern is how this development will fit into Iowa City; the land use issues are most important. She stated that deferral was preferable to a vote which might turn out to be negative in light of future Council deliberations. Miklo noted that the applicant could go to the City Council. Gibson replied this is the third time the Commission has seen this application. He said the deferral will send a message to Council that the Planning and Zoning Commission feel a housing policy is needed. Starr said the Commission has voted for housing projects, only to be shot down by Council. He agreed that there needed to be a housing policy from Council. Dierks noted that the site plan would have been unacceptable from a private developer. She questioned voting for an unacceptable site plan simply because there is public involvement. She cited the need for landscaping if this item is considered by Council. Burns asked what the current definition of low-income housing was, but was ruled out of order because public discussion was closed. The motion to defer carried on a vote of 7-0. 2. REZ95-O013. Public discussion of an application submitted by Dave Ed Limited to rezone approximately 16.92 acres located south of Melrose Avenue, east of Highway 218 from RS-5, Low Density Single-Family Residential, to RS-8, Medium Density Single-Family Residential. Miklo said the application had been withdrawn and no action was necessary. TEXT AMENDMENT ITEMS: Public discussion of amendments to the Zoning Chapter concerning adult day care, elder family homes, elder group homes and definition of elderly. Rockwell said staff had investigated three options for alternative respite care and living arrangements for older adults. She reviewed the definitions of acquit day care, elder family homes, and elder group homes, and the revision of the definition of elderly to conform with Planning & Zoning Commission October 19, 1995 Page 5 the Iowa Code. Rockwell said that based on the Comm. ission's discussion at its informal meeting on Monday night, she would suggest a few revisions to the staff recommendation. She said the intent of an elder family home is to provide the opportunity for a shared living arrangement for two, but not more than five older adults. To alleviate concerns that more than five persons might live in the home, Rockwell suggested that an elder family home be defined as "a private household owned by a responsible party offering a social living arrangement for at least two, but for no more than five persons living in the residence, the majority of whom are elders..." To clarify standard four for adult day care, Rockwell suggested deleting the phrase "if the facility serves persons with cognitive impairment or who use adaptive equipment" from the second sentence, and revising the sentence to read: "However, the floor area available for program activities for each adult day care participant, who uses ambulatory aids, shall be 80 square feet. Rockwell suggested that standard five be similarly revised to delete the phrases "with cognitive impairment or" and "adaptive equipment" from the second sentence, and revising the sentence to read "facilities serving persons who use ambulatory aids should provide at least one restroom for each eight participants." Rockwell noted that the Heritage Agency on Aging had requested that the term "restroom" in sentences one and two of standard five be referred to as "handicapped-accessible restroom." Rockwell also noted that the parking requirements are recommended to be one per six participants for adult day care, and a minimum of two spaces for an elder family home, which is limited to five residents, and for an elder group home, whose residents would be less mobile. Rockwell s~id with the suggested revisions, staff recommended approval of the amendments for adult day care, elder family homes, elder group homes and the definition for elderly. Dierks inquired as to the definition of "responsible party" in the proposed amendments. Holocek said there was a legal definition for responsible party, and affirmed to Dierks that a group of elders could rent a home. Scott said such language was needed for the prevention of abuse within facilities. Gibson expressed discontent with the replacement of "restrooms" with the term "handicapped-accessible restrooms." Starr suggested "restrooms accessible to persons with disabilities." The Commission agreed with Starr's suggested language. Staff then addressed questions from Dierks on potential traffic issues in low density residential areas, which Holocek said would be covered by the special exception process. Public discussion: Gloria O'Donnell, 21 North 7th Ave., expressed her appreciation at the speed at which the ordinance had been drafted. She asked if the amendments c.overed an adult dsy care business run outside the home. Rockwell affirmed that an adult day care facility coulc~ be run outside a residence. O'Donnell then asked if there was a limit on the number of participants, and Rockwell said that space was the main limiting factor, but the Board of Adjustment could cap the,number of participants, if it felt the restriction was merited. She noted that the Board had Planning & Zoning Commission October 19, 1995 Page 6 capped the enrollment of day care centers and a school when it felt it was needed to protect the general public interest as well as neighboring property owners. Public discussion closed. MOTION: Starr moved to approve the amendments to the Zoning Chapter concerning adult day care, elder family homes, elder group homes, and the definition of elderly as revised on October 19. Gibson seconded. Chairman Scott commended the staff for the speed with which the ordinance amendments reached the Commission. He stated that given the circumstances of increasing numbers of older people in the population, and the need for alternatives to nursing home care, these amendments were long overdue. He thanked staff for its timeliness. The motion carried on a vote of 7-0. Public discussion of amendments to the Zoning Chapter to require bicycle parking for commercial and multi-family development. Dennay noted that the tables in the amendment had been modified for clarity and that the bicycle parking area could now have a surface of crushed rock or gravel and would not necessarily have to be paved. Public discussion: Richard Rhodes II, 2014 Rochester Ave., commended the Commission for supporting a bicycle parking requirement. He recommended, however, that the minimum requirement be raised from two bicycle parking spaces to six or eight. Denney said that requiring a minimum of two spaces was consistent with other ordinances around the country and that most bicycle racks hold a minimum of four bicycle parking spaces. Public discussion closed. Jakobsen asked if the requirement was retroactive. Denney said it was not. Dierks asked if the requirement applied to the Fareway grocery store development. Dennay replied that it did not, because the Fareway Store is located on a separate lot from the proposed Walden Square shopping center on adjacent property, MOTION: Dierks moved that City Code Section 14-6N: Off Street Parking and Loading be amended as recommended in the October 19 staff memorandum to require bicycle parking for commercial and multi-family residential uses. Jakobsen seconded. The motion carried on a vote of 7-0. Planning & Zoning Commission October 19, 1995 Page 7 CONSIDERATION OF THE OCTOBER 5, 1995 PLANNING AND ZONING COMMISSION MINUTES: MOTION: Starr moved to approve the minutes. Gibson seconded. The motion carried on a vote of 6-O-1, Jakobsen abstaining. OTHER BUSINESS: Chairman Scott asked that the staff work on amending the I-1 zone to allow recycling, and reaffirmed that performance standards would be necessary. He encouraged staff to handle this in a timely manner. Miklo reminded the Commission that the Council's public hearing on the Sensitive Areas Ordinance was scheduled for October 24, 1995. He encouraged interested Commission members to attend. Dierks displayed and explained the Airport Master Plan to the Commission. Dierks received a Certificate of Special Recognition for her work on the Commission, expressed her thanks to all members, and stated she had considered it an honor to serve on the Commission. ADJOURNMENT: MOTION: Bovbjarg moved to adjourn at 9:40 p.m. Dierks seconded. The motion carried 7-0. Commission Secretary Minutes submitted by James Erwin. IOWA CITY PIANNING AND ZONING COMMISSION MEETING THURSDAY, OCTOBER 19, 1995 - 7:30 P.M. CIVIC CEN~F~ COUNCIL CHAMBER~ SlGN IN $H~'ET dddre~$ 10. 11. 12. 14. 15. 16. 17. 19. MINUTES PA~RKS AND RECREATION COMMISSION OCTOBER 11, 1995 MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: GUESTS: John Beasley, Judith Klink, Bruce Maurer, Matt Pacha, Rex Pruess, Dee Vanderhoef Deb Liddell, John Pelton Bill Blanchard, Joyce Carroll, Cindy Coffin, Bob Howell, Marilyn Kriz, Terry Trueblood William and Barbara Buss, Deborah Prince, Andrew Witter FORMAL ACTION TAKEN: Moved by Pacha. seconded by Klink0 to a~prove the September 13, 1995 minutes as written. Unanimous. Moved by Pruess0 seconded by Egeland, to pursue acquisition of the Jensen tract at $15.000 per acre. AYES: Beasley. Egeland. Maurer, Pacha. Pruess, Vanderhoef. NAYS: None. ABSTENTIONS: Klink. The motion carried. INTRODUCTIONf Coffin introduced Deborah Prince, a Therapeutic Recreation student intern from the University of Iowa. NOS ACQUISITION ISSUES: William Buss addressed the commission with respect to the possible purchase of parkland, specifically the Jensen tract, in the Benton/Weeber-Harlocke/Miller area. He stated he was encouraged to know the commission is actively considering it, and asked them to also consider possible parkland for the Miller Orchard area. He indicated the Miller/Orchard neighborhood group has been reactivated and is very interested in this. Trueblood asked the Busses if they were still interested in donating some of their property, with Buss stating their position is if it can be done in a way that is consistent with the real interests and would be advantageous to the neighborhood groups, they were very interested in donating their land. Trueblood indicated Jensen's attorney had previously indicated that two years ago $40,000 per acre was offered for the Jensen tract on the condition that it was rezoned. Trueblood indicated he discussed acquisition of this property with the City Manager and Karin Franklin~ who were in favor of pursuing acquisition. Franklin felt the price of $15,000 per acre would be a fair price to pay. Trueblood asked for direction from the commission as to whether or not acquisition of this property should be pursued. Beasley, Egeland, Maurer, Pacha, Pruess and Vanderhoef indicated they were interested in making an offer of $15,000 per acre. Klink indicated she lived in this neighborhood and would be abstaining from voting on this matter. Trueblood WHISPERING MEADOWS WETLANDS PARK: felt the City Council would approve acquisition of the property if it was obtained at a fair price. Mrs. Buss asked if purchase of the Jensen tract would preclude the purchasing of any other parkland in this area, noting the need for a 2-3 acre park in the Miller-Orchard area. Vanderhoef stated the commission is always open to looking at property, but price is always a big concern. Mrs. Buss asked if the area was developed if the owner, Mr. Ruppert, would have to donate land for parkland purposes. Vanderhoef stated the Neighborhood Open Space Plan would require land if the area was developed. Klink noted the 7.35-acre open space deficit in this district, with one of the plan's objectives being to acquire two 3-4 acre parks in this district. Trueblood noted the amount of land required would be dependent on how the land is developed and its projected population. Moved by Pruess. seconded by Egeland, to pursue acquisition of the Jensen tract at $15,000 per acre. AYES: Beasle~, Egeland, Maurer, Pacha, Pruess, Vanderhoef. NAYS: None. ABSTENTIONS: Klink. The motion carried. Trueblood referred to the letter in the packet from Jane Klitzka, Vice President of the Grant Wood Neighborhood Association, re their neighborhood's concerns about parking and access to the Whispering Meadows Wetlands Park. The proposed trail at the north edge of the pond just off Lakeside Drive which was planned to be completed in the spr~ng of 1996, is now planned to be completed in-house in the next couple of months. This trail will go around the pond, tying into the existing trail. He stated he received a call from Bob Barker who had heard the neighborhood association's concerns about potential parking problems. Trueblood indicated people may park only on one side of Lakeside Drive after 5:00 p.m. and on weekends. Mr. Barker has two lots at the end of Coneflower which he would be willing to sell for $31,000 for the city to construct a parking lot. Staff has concerns about generating traffic through this area with many small children and with a parking lot being between two houses. Pacha felt this was a lot of money to pay for land to be used simply for a parking lot. Trueblood indicated he was not sure whether parking will be a real problem, especially if Traffic Engineering will acquiesce on parking restrictions along Lakeside Drive. Pruess asked about the trail head at Lakeside Drive, with Trueblood stating there was a sign identifying it, ~nd the trail head will be more identifiable as an entrance to the park once the trail is completed. Pruess asked if money was available for plantings, with Trueblood · noting the neighborhood association received a PIN grant for $5,000 for plantings. Pruess indicated he would like to see some plantings at the trail head. Vanderhoef noted she had talked with members 2 LONGFELLOW MANOR: MPAC EXPANSION: NOS ISSUE: of the neighborhood association who are concerned with the possibility of buses in this area due to plans to make this an interactive park. Trueblood stated the only place for buses is along Lakeside Drive, and they can get permission to park there during the day. Members of the commission were not interested in pursuing purchase of Barker's lots for a parking lot. With respect to the question about the amount of access to the open space in Longfellow Manor, Trueblood reported there is a minimum of 50 feet of access between the bridge and the future access drive, so the neighborhood residents' concerns registered at the last meeting are no longer a concern. The commission was provided with the first draft of a document prepared by staff setting out the need for the proposed expansion of the Mercer Park Aquatic Center. Trueblood stated more detailed information would be provided at a later date. Klink agreed with a previous comment made by Pruess that it would be nice if the city could provide hours for walking in the expanded facility, noting this is a popular activity. Trueblood noted it may be feasible to offer this at the Recreation Center, as well. Klink also suggested adding to the list an outdoor track. Trueblood stated outdoor tracks are available at various schools &n Iowa City. Trueblood indicated the architect still needed to provide information with respect to a cost estimate on an elevated track, the possibility of a second story over the multipurpose area, and restroom requirements. He stated there are also some stringent State rules and regulations regarding pools and adjoining locker rooms, which staff will need to investigate. Beasley felt it would be advantageous to have copies of the letters sent by people requesting additional classes/programs and expressing their needs; staff will proceed to do this. Pacha stated the draft document is the type of information the commission is looking for. Trueblood stated a meeting of the expansion committee should be scheduled in the near future. Trueblood referred to the memo in the packet giving an update on the Neuzil property. City staff is still trying to get information from the family as to whether it is interested in selling. They are also suggesting proceeding with an appraisal if an answer is not received by December 1, if the City Council is still interested in evaluating the feasibility of acquiring this property. Vanderhoef noted an informal trail presently exists through this area, but Klink stated a person has to walk through private property. Klink inquired about the possibility of a trail where the railroad track is being taken out adjacent to 3 FY97 BUDGET: COMMISSION TIME: Brookland Park. Vanderhoef stated this is something that can be proposed and put into the design when discussing this with University Heights. Trueblood stated he will be meeting with Casey Cook in the near future to discuss the FIRST trail plans. Trueblood reported staff has begun the budget process. The operating budget requests need to be submitted to the Finance Department prior to the commission's review, with Trueblood noting there will be ample time afterwards for the commission/staff to make changes/adjustments. The Parks Division will be requesting that the present permanent half-time position be made full-time, and perhaps adding another full time maintenance position. The Recreation Division is discussing the addition of a part- time or full-time supervisory position, primarily for after school programs and at-risk youth. With respect to Recreation's CIP budget, they will be requesting replacement of the existing 30 year old gym floor and some additional air conditioning for the building. Trueblood asked the commission to consider what it would like to see staff look at as far as the operating budget is concerned. Pruess stated the trail through City Park could stand some attention. Trueblood indicated parts of the trail will be overlaid with asphalt using existing monies in the parking lot improvement account, with staff planning on making more extensive trail improvements part of an annual program. Beasley asked if the request for an additional half'time position in the Parks Division is in response to the commission's position if additional open space is acquired, additional staff must be hired in order to maintain it. Trueblood indicated it was, plus the need for additional maintenance at the new soccer complex. Vanderhoef referred to a memo that had been previously prepared by staff setting out how many positions and how much additional parkland has been added over the years. Trueblood stated permanent staff has increased 5%, compared to parkland which has increased by over 40%. Pruess stated the population of Iowa city has also grown, which impacts staff time for clean up and facility use, and encouraged use of these statistics to help justify additional staff. Egeland stated she is on the City Plaza Task Force, which will meet next Wednesday, and asked if any commission members had any strong concerns about this area to let her .know. Maurer inquired if staff had investigated the possibility of curb cuts on Court Street. Trueblood indicated he asked the City Engineer if there was a plan of curb cuts to be completed in the future, but had not heard back. He stated priorities are based on where they know curb cuts are 4 DIRECTOR'S REPORT: needed for disabled persons. The City Engineer indicated he would check to see if any curb cuts are scheduled for Court Street. Trueblood stated the commission could formally request curb cuts on Court Street, and Engineering staff would consider it after the other priorities are met. Maurer asked if there had been any improvement in the vandalism problem at College Green Park, with Trueblood indicating it has dwindled down, but other areas have been struck since the last commission meeting. Aluminum bleachers were stolen from Napoleon Park and City Park, with the cities of Coralville and Cedar Rapids also being struck. Seat and foot boards are being taken off of the bleachers and player benches and are probably being sold. The Police Department has been alerted. Howell stated vandals also damaged one of the restrooms in Napoleon Park. Maurer noted the concession stand being built by volunteer help at Napoleon Park, which is truly appreciated by the Girls Softball Association. He also asked about the possibility of installing playground equipment in Napoleon Park, with Trueblood noting staff is planning on doing so but not until the sewer pipeline project is completed in this area. Egeland questioned why an area near the First Avenue entrance to Hickory Hill Park was being cleared, with Trueblood stating a number of dead trees were being removed in this area. She also noted a person expressed concerns about the bridges in the pa~k, in particular the one near the Press Citizen which has been covered with large rock. Howell indicated the bridge had to be reinforced to handle mowing equipment. Egeland noted the increasing number of youth hanging out in the park, near the First Avenue entrance, and a big increase in trash being strewn around. Trueblood stated staff will alert the Police Department to the additional traffic, and will ask the Parks Division to frequently pick up the trash. She also inquired about the progress of the Incas Trail, with Howell indicating he has been unable to reach Mr. Fogel, who may be out of the country at this time. Howell noted staff will be erecting a small shelter-type bulletin board adjacent to the Incas Trail area, which will display an informational brochure under plexiglass with a statement that the brochure may be obtained at the Recreation Division office. Trueblood reported on the following: Chart of Absences. As indicated by Liddell at last month's meeting, there is a policy regarding absences stated in the commission's by-laws which states three consecutive unexplained absences may result in the commission's recommendation to the City Council to remove the member from the commission and to appoint a new member. 5 OTHER BUSINESS: ADJOURNMENT: Trench along city Park and Rocky Shore Drive. In response to Pruess' question at last month's meeting, ~he trench was dug to anchor into the ground the erosion control fabric which was placed under'the rip rap. Aquacise Classes. Staff is trying to accommodate the requests set out in the letters referred to at last month's meeting re aqua¢ise classes, and the individuals have been informed by letter. Tunneling Under Bridges. Problems in tunneling under the bridge on Rocky Shore Drive are obtaining an easement from Tom Riley and the cost factor. Vanderhoef asked about the bridge on Mormon Trek Boulevard by A~aeche's, with Trueblood indicating he would investigate same. New Soccer Complex Site. area is getting green. The grass is coming up, and the City Park Boat Ramp. A $11,700 grant from the DNR Marine Fuel Tax has been received to construct a new boat ramp to replace the existing one in City Park. It will be constructed just "downstream" from the existing ramp at an estimated cost of $15,500. Commission Vacancies. Pelton and Beasley terms expire this year. The vacancies are being advertised, and the appointments will be made at the City Council meeting on November 7o Recreation Center Water Service Break. A water service break during the work day last week was discovered as water was leaking into the boiler room. The cost for repairs will likely exceed $10,00Q. Trueblood noted if the water service break had occurred at night the entire lower level of the Recreation Center would have been flooded. Vanderhoef asked if there was any word on putting an extra tile under S. Sand Road during the future sewer pipeline project, which would provide a trail under the road accessing Napoleon Park. Trueblood stated he would report back on this. Moved by Pacha, seconded by Egeland. to Unanimous. The meeting was adjourned at 7 p.m. adjourn. MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION FRIDAY, SEPTEMBER 29, 1995- 5:30 P.M. LOBBY CONFERENCE ROOM, CIVIC CENTER MEMBERS PRESENT: Eric Rothenbuhler, Cordell Jeppsen, Steven Hoch, Betty McKray MEMBERS ABSENT: Roger Christian STAFF PRESENT: Shaffer, Brau, Helling OTHERS PRESENT: Beth Fisher, Rene Paine, Steve Wurtzler LIST OF MATTERS PENDING COMMISSION/COUNCIL DISPOSITION Cable TV refranchising/renewal SUMMARY OF DISCUSSION Paine reported PATV will cablecast portions of the Pope's visit to the United States. PATV's annual meeting will be held Thursday, November 16, 1995, from 7-9 p,m, in the Library Meeting Room A, Shaffer reported InfoVision is now offering access to selected World Wide Web sites. Helling reported TCI and the City have come to a tentative agreement on the franchise and ordinance, A joint BTC/City Council public hearing on the proposed franchise and ordinance will be held on October 24. A final report from Rice, Williams Associates assessing the agreement will soon be available. 'In regard to a question about funding for public access and community programming raised in a memo from PATV Board Chairman Doug Aliaire to the BTC, Helling said the language was intended to keep options open to the City and preclude TCI from determining how those funds might be spent if the current situation changes over the course of the franchise. Issues of community programming will be discussed during negotiation of PATV's contract. CALL TO ORDER The meeting was called to order at 5:35 p.m. APPROVAL OF MINUTES It was moved by Hoch, seconded by McKray, to approve the August 28, 1995, BTC minutes. The minutes were unanimously approved. ANNOUNCEMENTS OF COMMISSIONERS None SHORT PUBLIC ANNOUNCEMENTS None Broadband Telecommunications Commission September 29, 1995 Page 2 PATV REPORT Paine reported PATV, working with TCI and at the request of a group wishing to add EWTN to the channel lineup, will cablecast appearances by the Pope. The programs will run primarily in the morning hours and PATV will produce PSAs to promote the programs, The informational non-profit mailing has had a 25% return rate thus far. A follow-up informational card listing briefly the services PATV can provide is planned. The PATV annual meeting will be held Thursday, November 16 from 7-9 p.m. in Library Meeting Room A. A new board member will be elected at the meeting. PATV is continuing to work on the producer identification format. LIBRARY REPORT Fisher reported the Library Board met and reviewed the progress and issues surrounding the expansion to the library for the benefit of the two new Board members. During the past week several events were held to celebrate Banned Books Week and Intellectual Freedom Week. Carol Spaziani was honored with a brunch featuring a speaker from the American Library Association. On Thursday, September 26, a panel discussion on censorship in cyberspace featuring live call-in questions was held. CABLE TV ADMINISTRATOR REPORT Shaffer reported Bill Blough asked him to inform the BTC that easements have been secured for city block 81. TC[ has swappe~l some systems with Cox Cable and will be acquiring systems in Cedar Rapids and the Quad Cities next summer. Shaffer reported receiving 23 complaints: 2 about commercial rates, 2 about billing problems, 1 request for automatic payments, 11 about outages, 1 about a poor quality signal, 1 about cable service being unavailable to city block 81, 1 about a pay-per-view event being cut short, 2 about rate increases, I about TCI employees getting free cable service, and 1 about the company not being willing to provide both Primestar direct broadcast satellite and cable service. Hoch and Jeppsen suggested the City should receive franchise fees on the value of TCI employee's free subscriptions. McKray asked about language in the proposed ordinance stating gross revenues do not include franchise fees. Shaffer said it was inappropriate for subscribers to pay franchise fees on franchise fees and the language in the proposed ordinance makes this clear. Shaffer said the government channel's InfoVision now is providing access to selected World Wide Web sites. The federal telecommunications legislation is on hold and won't be taken up until the appropriations bill is passed. Estimates on when the bill will be taken up range from October to December. Jeppsen noted an article in the BTC packet which indicated the FCC may require phone companies to obtain a city franchise in order to provide video dialtone service and said this may change the complexion of the legislation. REFRANCHISING Helling reported TCI and the City have resolved differences in language dealing with transfer of ownership and thus have come to a tentative agreement. Next in the process is a public hearing to receive public input. Helling said the agreement is very supportive of public access, perhaps more so than in the past. The $.50 pass-through fee is a maximum level set in the Broadband Telecommunications Commission September 29, 1995 Page 3 proposed agreement. How much ~s passed through and the allocation of those funds is up to the City Councd. Continuation of the present arrangement for public access related operational expenses provided by the company, separate from the pass-through funds, was a major concession from TCI. The proposed franchise distributed to the BTC is in near final form. One substantive change deals with the circumstance in which TCI would need to get City approval to transfer ownership. TCI wants to use the franchise as collateral to borrow money to rebuild the system. The C~ty was concerned TCl could use that provision to borrow money from an entity they wished to sell to and could intentionally default, effectively transferring ownership. The language now permits TCI to go to financial institutions, but not to other entities. The franchise and ordinance will be available for public inspection October 1 O, the day the Council sets the public hearing for October 24. The BTC and the Council will likely discuss if they wish to meet separately or together to discuss the franchise after the public hearing. The first vote could take place at the first Council meeting in November. The franchise will take one vote, by resolution. The ordinance requires three votes. Jeppsen asked Helling to elaborate on the statement in his memo to Council that the City fared better under the informal process than if the formal process had been used. Jeppsen noted there had been some criticism of the City for utilizing the informal process. Helling said the process would have terminated sooner under the formal process. The City did go through the formal process up through issuing a request for proposal (RFP). At that point TCI requested to set aside the RFP and proceed informally with a written agreement that the City could revert to the formal process if desired. Helling said it was his opinion TCI would have become intransigent if the City had stuck to the formal process. Funding for public access is one example. TCI could not have been legally compelled to provide operational funding outside the pass-through funds. Overall, there were some areas TCI legally and techmcally went beyond what they had to and others where they would not give. The transfer of ownership issue is an area the City remained firm about. Helling said if the formal process had been used, TCI probably would have offered a basic package just inside the law and there would have been less room to negotiate. TCI stated early on that if the formal process was to be used, their response to the RFP would not be negotiable. The pending federal leg~slauon and changes in FCC regulations were a constant shadow overhanging negotiations. Changes in TCI corporate policy also contribute to frustrations as items which had previously been agreed upon were withdrawn as policy changed. Hoch asked ~f a final report assessing the franchise agreement could be obtained from Rice, Williams. Helling said a written report could be rquested. In addition, Jean Rice will attend the public hearing. Jeppsen asked what issues are referred to in a sentence in Helling's memo to Councd referring to a $200.000 payment to settle any and all claims against TCl. Helling sa~d that sentence refers to the transfer from Heritage to TCI. The $200,000 side letter agreement settles any claims from the previous franchise, however. there was only the transfer claim involved. Shaffer said he had worked through the suggestions of each of the Commissioners and incorporated language to meet most of those concerns. Hoch asked if TCt had agreed to a timeframe for placing IPTV on Channel 12. Shaffer said Blough is committed to making that change, but did not want to ~nclude it in the franchise. TCI ~s costing out the change and determining t~meframes. Hoch said regardless of the timeframe, he would like to see a firm commitment that the change will be made. Jeppsen said that as an engineer, two ~ssues regarding the Fox channel interference come to mind: is the plan up to standards as far as shielding, and the possibility of ham radio interference. Shaffer said Blough told him part of the problem may be use of poor quality connectors by subscribers. Shaffer said he was told by Slough that TCI was going to go to Broadband Telecommunications Commission September 29, 1995 Page 4 some of the houses in that area, including Steve Hoch's, to check on the problem. Hoch said no one had been to his home. Jeppsen said he has friends who are ham radio operators who have difficulty in frequencies used by the cable company. This is a result of poor construc- tion. Rothenbuhler said there have been problems with Channel 18 as well. Shaffer said he will first ask Rice, Williams to determine if the City can require TCI to move Channel 12. If it can't be required, Shaffer will try other approaches. McKray said she would still like to see TCI identified as the franchisee rather than Cablevision VII. Shaffer said TCI will be cross- referenced in the City Clerk's records so the public will know TCI is the franchisee. Rothenbuhler said most people's concern seems to be the addition of more channels. Shaffer said TCI plans to pick additional channels from the list provided in franchise Appendix L and in addition will conduct a consumer survey. While the City cannot require specific channels, TCI did agree to add at least four. Shaffer said he will prepare a summary of Commissioners' concerns and how they were addressed. McKray asked if clear boundaries and definitions might be needed among the roles of the local access channels. Shaffer said the franchise was written in such a way as to provide the city the widest number of options available. The issue of public access and community programming funding raised in Aliaira's letter to the BTC is a matter for negotiations between the City and PATV. Hoch asked about the current arrangement with PATV. Shaffer said the company is making monthly payments to PATV. Once the franchise is complete, the City will turn its attention to negotiating a contract with PATV. Hoch asked about the state of PATV's contract. Shaffer said the terms of the franchise were extended, which includes a three-way contract with the City, TCI, and PATV. Under that contract, PATV is the sole recipient of the funds specified fc-r. public access in the franchise..Rothenbuhler said his understanding is that the franchise language refers only to the contract with TCI and the provisions for the City to receive funds for the purposes of public access and community programming. Shaffer said from the City's standpoint, the language was drafted to provide the largest number of options to the City Council. As one example, one thing that has been discussed is what PATV must do, what PATV thinks it is their job to do, and the need for community programming. The Council will make all ultimate decisions in this area. Steve Wurtzler asked, given the flexibility of the language, if some of . the $149,000 might be funneled to community programming through Bob Hardy's community programming proposal. Shaffer said that is one possibility. Wurtzler asked if Helling's memo to Council indicating public access funding would continue under the current formula would preclude the option of using some of those funds for community programming. Helling said the intention of the memo was to provide Council with information that funding would continue under the current formula. There are all kinds of possibilities and one should be cautious not to read more specifically into it than is there. Given the franchise is for ten years, options for how that money is used needs to be left open. For example, at some point PATV may desire a shift in direction and wish tO provide community programming. In this case the cable company may claim the franchise doesn't require them to fund such activities and withdraw funding. The underlying intent is to keep as many options available so the money keeps coming in. How the funds are distributed would be determined by the agreement the City has with PATV. That's just good business; TCI should not be given a loophole to reduce funding because the language in the franchise is too precise. Wurtzler asked if such language can be understood that the City is not making a commitment to keep public access funding at the present level. Helling said only the City Council, not City staff, could make such a commitment. McKray said some of PATV's activities such as staff assisted series, PSAs and the mailing to-non-profit agencies fit under such a definition of community Broadband Telecommunications Commission September 29, 1995 Page 5 programming. Paine said she had concerns the franchise language may reopen discussion on why PATV should or should not provide community programming after a great deal of time and effort has been expended on those discussions in the past. PATV has made their intentions concerning community programming clear. Shaffer said the community programming proposals put forth by PATV and the Government Channel are documents the BTC and City Council will want to review when the discussion of those matters comes up, after the franchise is finalized. Jeppsen said these issues will be clarified during negotiations of PATV's contract. The language keeps TCI out of the process of deciding how funds will be allocated. It was moved by Hoch to hold a joint public hearing with the City Council to gather input on the proposed franchise on October 24. The motion was seconded by Rothenbuhler. The motion passed unanimously. ADJOURNMENT It was moved by Rothenbuhler, seconded by Hoch, to adjourn. The motion passed unanimously. The meeting was adjourned at 6:50 p.m. Respectfully submitted, Wm. Dde. w ~.h. we~. after . Cable Telews~on AdminiStrator DRAFT MINUTES 'BROADBAND TELECOMMUNICATIONS COMMISSION MONDAY, OCTOBER 30, 1995 - 6:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Roger Christian, Cordell Jeppsen, Eric Rothenbuhler, Steve Hoch MEMBERS ABSENT: Betty McKray STAFF PRESENT: Shaffer, Brau, Helling, Hardy OTHERS PRESENT: Trey Stevens, Steve Wurtzler, Doug Aliaire, Mark Welles, Derek Mauer, Rene Paine, Beth Fisher, Aaron Wolf RECOMMENDATIONS TO COUNCIL: The BTC voted unanimously to recommend to City Council the approval of the cable TV franchise agreement and enabling ordinance as proposed with the four changes proposed by staff as outlined below. LIST OF MATTERS PENDING COMMISSION/COUNCIL DISPOSITION Approval of franchise and ordinance. Negotiations with PATV, all access channels, and the Senior Center. SUMMARY OF DISCUSSION The Commission unanimously voted to recommend to the City Council that they approve the franchise and ordinance. Four nonsubstantive changes were incorporated. They include making franchise fee payments language uniform between the franchise and ordinance; inclusion of the City Forester in sections dealing with the rebuild to protect community trees; language protecting gender identity added to sections regarding TCI's services and hiring practices and clarifying language to make clear that the access channels are primarily responsible for the development of their own guidelines. Alternative language was of[ered by PATV to the Access Services section of the franchise which would accommodate their concern that the current language would enable the City to siphon off funds from their operation budget for community programming purposes, if the City were to become so inclined. Commissioners said the City needs to have maximum flexibility in the franchise language in order to ensure payment of the funding mechanisms involved from TCI while attempting to cover as many of the future contingencies and scenarios as possible. The broad language in this section is intended to give the company no cause to renig on their franchise commitment. The Commissioners agreed that discussion of allocations of funding for public access and community programming is not appropriate yet in terms of the franchise documents as the franchise is an agreement only between TCI and the City. Such discussions should be taken up at a later date when the negotiations with PATV and all the access channels are resumed. CALL TO ORDER The meeting was called to order at 6:40 p.m. Broadband Telecommunications Commission October 30, 1995 Page 2 APPROVAL OF MINUTES It was moved by Hoch, seconded by Rothenbuhler, to approve the September 29, 1995, BTC minutes. The minutes were unanimously approved. ANNOUNCEMENTS OF COMMISSIONERS Christian said the range of comments at the public hearing was both interesting and informative. RECOMMENDATION ON THE PROPOSED FRANCHISE AND ORDINANCE Brau reported he had ~everal conversations with McKray regarding her concerns about the franchise and ordinance as she needed to be out of the state during the meeting. As McKray expressed at the public hearing, she has reservations that the franchise is granted to Cablevision VII Inc. rather than the ultimate parent company, TCI. McKray did state that she would not refuse to support recommending that the Council approve the franchise based on this concern. McKray also wanted to make sure that the relationship between public access and the BTC in terms of the development of the public access guidelines is clear. References to the access channels and the BTC will be flipped in the section dealing with "Channels to be Provided" m the ordinance and added to the section dealing with the duties of the BTC to make clear that the access channels are primary developers of their guidelines. Shaffer said this language was agreed to at a meeting with the access channel providers. In regard to TC[ not being identified as the grantee, Shaffer said that Cablevision VII has always been the franchise holder of record. Cablevision VII was a subsidiary of Heritage prior to TCI buying them out. Christian asked if Cablevision VII was an Iowa corporation. Shaffer said Cablevision VII is incorporated in Iowa and has hundreds, maybe thousands, of stockholders. Rothenbuhler noted the memo from Helling, Shaffer and Burnside regarding the comments at the public hearing addressed issues not mentioned at the public hearing. Helling said some written comments were received and incorporated into the record. The memo addresses those concerns as well. Christian said a number of issues addressed at the public hearing were beyond the control of the City and they are controlled by the FCC. Helling sa~d the City could hold out for some items, but ultimately could not deny renewal if the company would not budge. Aliaire said it was incumbent upon PATV to look out for the well being of public access and reiterate the points made at the public hearing. In addition, PATV has developed alternative language for the "Access Services" section of the franchise. Christian sa~d he believes the concerns PATV has about guarantees for continued support for public access has been met to the satisfaction of the BTC. Aliaire said the current language would permit the City to divert funds from public access to a City department which does community programming. Jeppsen said that issue is not relevant to this discussion of the franchise. The franchise deals only with the City's relationship to TCI and not with the City's relationship with public access. Wurtzler said the BTC could pass a resolution separate from the franchise which could affirm the intent that the funds mentioned in the access services section are to be used for public access. Hoch said the franchise already affirms support for public access and a special resolution to reaffirm support for one section is not needed. Aliaire read PATV's the proposed alternative language to the Access Services section: Broadband Telecommunications Commission October 30, 1995 Page 3 "Franchisee agrees to continue to provide to the non-profit corporation designated by the City annual payments based on $149,554.66 annual payment in year one of the Franchise term to carry out the day-to-day operations of public access. In the event that the non-profit corporation designated by the City to operate public access should dissolve, disband, or cease to function, Franchisee agrees to continue to provide to other entities designated by the City, including the City itself, an equal amount for the continued operation of public access." Aliaire said this language limits funding to public access. Rothenbuhler said this language also adds the contingency of the dissolution of public access and that doesn't belong here. Aliaire said PATV didn't have a chance to have input in the development of the language dealing with public access. Hoch said the language in the franchise is a separate issue from the concerns expressed by PATV. Hoch asked Helling if the City had met the requirements for public input. Helling said the City had met and exceeded those requirements. Hoch read a modified version of the PATV proposed language change. "Franchisee agrees to continue to provide to the non-profit corporation designated by the City annual payments based on ~149,554.66 annual payment in year one of the Franchise term to carry out the day-to-day operations of public access. In the event that the non-profit corporation designated by the City to operate public access is unable to carry out this function, Franchisee agrees to continue to provide to other entities designated by the Citv, including the City itself, an equal amount for the continued operation of public access." Rothenbuhler said this language is different in two ways. It eliminates the City's options and any reference to community programming. Rothenbuhler asked how funds were provided for public access in the current franchise. Helling said originally the cable company provided public access. As part of a settlement agreement, Heritage promised to enter into an agreement in the future for the funding of public access. In 1989, the City established PATV, PATV was incorporated, and entered into a three-way agreement with the City and Heritage. A non-profit corporation was set up in part because the City, at that time, had a legal concern with such funding coming to the City. Fisher said the words "and community programming" is problematic and the cause of PATV's concern. Fisher asked if the removal of that language would have any effect. Jeppsen said the City believes the effect of this language is to broaden and protect the City's options. The City also believes that now is not the proper vehicle for that discussion. Hoch said the funds derived from TCI belong to the City and the City will determine how they are spent. It is important the franchise language allows maximum flexibility. Helling said removing the words "and community programming" would make a difference. The concept of community programming was discussed during negotiations; the company agreed to the pass-through funds because more community programming is expected as a result. The company has a clear concept of community programming. While public access and community programming are not necessarily black and white, they are conceived as something different by the company. If PATV decided at some point they want to provide community programming, the company could refuse to fund public access. The broad language is rotended to give the company no cause to renege on their commitment. Broadband Telecommunications Commission October 30, 1995 Page 4 Aliaire said PATV did submit a proposal to provide community programming as did the City's Media Unit. In February 1995 the BTC decided the City should provide community programming. Jeppsen said there no final decision was made. Allaim read from the summary section of the February 1995 BTC minutes: "There was consensus that the City is better suited to coordinate community programming given PATV's mission and the additional strain on their administrative responsibilities and resources," Shaffer said all proposals for access and community programming would be looked at when the BTC takes up that issue, once the funding mechanisms are secured. Helling said the franchise is for a ten-year period and all eventualities need to be accounted for. Aliaire said PATV is concerned that their funding does not get reduced. Rothenbuhler said he could understand how the language could be seen as creating an opportunity to siphon off funds for community programming, but this is the wrong time to debate the issue or insert language. The City has the right to make decisions how to disburse the funds. There is more support for public access than PATV's worried interpretation. Shaffer said four non-substantive changes are being proosed by staff to the franchise and ordinance, Language regarding gender identity protection needs to be added to the section of the franchise agreement dealing with TCI's services and hiring practices. Language regarding franchise fee payments need to be modified so they are the same in the francRise and ordinance. The City Forester needs to be included in the language regarding the rebuild to minimize damage to the community's trees, Language regarding development of access channels' guidelines should flip references to the channel providers and BTC to reflect that access channels are the primary developers of their guidelines. That language will also be added to the section dealing with the BTC's powers and duties. It was moved by Hoch to recommend to the City Council to approve the proposed franchise and ordinance, incorporating the four changes as proposed by staff. It was seconded by Rothenbuhler. The motion carried unanimously. Hoch suggested the Chair of the BTC write a letter to the City Council thanking the City staff for their work and efforts on the refranchising process. Jeppsen agreed to write such a letter. ADJOURNMENT It was moved by Christian, seconded by Rothenbuhler, to adjourn. Unanimously approved. Adjournment at 7:30 p.m. Respectfully submitted, Wm. Drew Shaffer Cable Television Administrator MINUTES IOWA CITY HISTORIC PRESERVATION COMMISSION TUESDAY, SEPTEMBER 12, 1995 - 5:30 P.M. LOBBY CONFERENCE ROOM - CIVIC CENTER MEMBERS PRESENT: Kay Irelan, Betty Kelly, Sue Licht, Mike Pugh, Doug Russell, Ginalie Swaim MEMBERS ABSENT: John Shaw STAFF PRESENT: Kugler, Hating OTHERS PRESENT: Cecile Kuenzli, Molly Myers Naumann, Brian Schultes, David Thompson CALL TO ORDER: Chairperson Russell called the meeting to order at 5:37 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA. There was none. CERTIFICATE OF APPROPRIATENESS: 1. 827 Brown Street. Kugler reviewed the project. Kugler said that as the structure has been altered consid- erably over the years, he was not sure how the Secretary of Interior's Standards would apply. The Brown Street District survey lists the structure as a contributing structure despite the alterations, but the building has been further altered. The applicant, David Thompson, said his intent is to make the present porch less like a porch and more like an additional room on the house. Thompson said he would like to make the entry more inviting and look more like the primary means of entry. The exterior porch door is basically just a storm door and Thompson would like to make it a more permanent fixture. He said he has no intent to move the present main door that exists inside the porch, rather he wants to dress it up. Thompson said he intends to add a redwood deck to the right of the enclosed porch which he intends to stain. Footings for the deck are to be installed in a brick to match the structure's present foundation, and windows are to be installed in the porch reminiscent of the windows on the rest of the structure. Licht said it is her opinion that a deck is usually more appropriate in the rear of a structure. However, Licht said the proposed deck is fairly low key, appears to blend well with the structure, and can even be removed in the future without damage to the primary structure, so she did not have objection. The Commission had questions about an added portion of the roof line, above the upper left hand corner of the exterior entry to the porch. Thompson said he had added that piece to the plans in order to give a more prominent appearance to the door, to make it appear more as the main entry. Licht and Kelly felt the additional roof MINUTES HISTORIC PRESERVATION COMMISSION SEPTEMBER 12, 1995 PAGE 2 line piece would not be appropriate, as depicted, because it would exist within the same plane as the adjacent roof line. The Commission felt that should the door and added roof line project out from the porch, in a plane of its own, this would not only solve the architectural problem, but give the door a more commanding presence, a look that the applicant appears to be seeking. MOTION: Licht moved to grant a Certificate of Appropriateness for 827 Brown Street pursuant to the plan, subject to the entry projecting a minimum of 8" beyond the north wall of the existing porch, and the porch roof for the entry projecting proportionately. Irelan seconded. The motion carried on a vote of 6-0. 519 Brown Street. Kugler said the applicant, Steve van der Woude, was unable to attend. Kugler said van der Woude would be before the Board of Adjustment on September 13 for a front yard adjustment for the porch, Russell asked that staff encourage applicants to be present in order to answer any questions about a project the Commission may have, Russell said the presence of the applicant may have an impact on the Commission's ruling. Licht said she had recently walked the site with van der Woude. Licht said she had proposed that van der Woude remove the existing roof section and restore the struc- ture to its original, Victorian construction appearance..Licht said that van der Woude stated that he would not be able to take the modifications that far, due to the head- room requirement for the interior staircase and the major modifications thin would force him to make. The proposal calls for cutting back the existing roof line in order to diminish the roof line and accentuate the gabled roof in the northwest corner of the structure. Licht felt the proposed cut back would be an improvement over the existing shed appearance. In terms of the porch, Licht said it is an applied porch and would best fit in a corner. The proposal calls for running the porch across nearly the entire north face. Licht felt the porch was too prominent for the structure and felt it should be shorter and closer to the northeast corner and door, where the original porch had been. Russell suggest- ed a wrap-around porch around the corner to the east. Licht preferred just a small porch on the north face, as a wrap-around would have nowhere to go, and to more closely match the architectural style. Licht said the proposed porch would be inappro- priate, because, it would take an asymmetrical facade and add a symmetrical porch. The Commission found the roof line alteration to be acceptable and that it could be granted a Certificate of Appropriateness at this time. The Commission, however, concluded that a decision could not be made on the porch without knowing whether the applicant would be open to alterations to the plan. The Commission elected to defer decision on the porch until its next meeting. In regard to the Secretary of Interior's Standards, Kugler said Standard 3, creating a false sense of historical development, could apply. Kugler said Standard 9 m~y also MINUTES HISTORIC PRESERVATION COMMISSION SEPTEMBER 12, 1995 PAGE 3 apply as the porch may too closely resemble an original feature. The Commission felt Standard 9 would not apply as it would not sit in its original location in the corner. Russell noted Standard 10 would also apply, as the porch might not be removable at a later date without grossly affecting the structure. MOTION: Russell moved to grant a Certificate of Appropriateness for 519 Brown Street for the proposed roof line changes. Pugh seconded. The motion carried on a vote of 6-0. NIOTION: Russell moved to defer consideration for a Certificate of Appropriateness for 519 Brown Street for the proposed porch addition to the next meeting of the Historic Preservation Commission, due to the failure of the applicant to attend the meeting to discuss possible changes to the plan or to defend the current proposal. Pugh seconded. The motion carried on a vote of 6-0. LONGFELLOW NEIGHBORHOOD SURVEY PROGRESS REPORT. Molly Myers Naumann and Brian Schultes were present to bring the Commission up to date on progress made on the Longfellow Neighborhood Survey. Naumann noted the Commission members had received a progress report and a sample list of site evaluations to back up the report. Naumann reminded the Commission that the area of the survey was expanded to include more of the Longfellow neighborhood, east of Clark Street. Naumann said this expansion was appropriate, but only wished the survey area had included all of the Rundell Addition, as well, as is stated in the recommendation at the end of the report. Naumann said that although Governor Street is included in the present survey, she feels Governor, Bowery, Burlington, and perhaps Clark Streets all present a different face than the remainder of the Longfellow Neighborhood, and thinks these streets should be considered for a conservation district overlay, should the Conservation Ordinance be adopted. Naumann said she does need feel these areas present the integrity as the rest of the district. On a side note, Naumann said adoption of the Conservation Ordinance by the City of Iowa City would be a great decision and a move in the right direction. Naumann feels Iowa Citv will be setting a trend that many communities in the state will soon follow. Naumann said designation as a conservation district is appropriate in most instances, and higher designation can be a more stringent process that would proceed from that point. Naumann said she has not yet developed a typology for the early twentieth century houses in the district. Naumann said she was very uncomfortable with the idea of developing another typology for an Iowa City neighborhood. Naumann said she had recently spoke with Ralph Christian in the State office about this subject. Naumann said it very apparent that several of the homes in the district were mail order homes. Naumann said, in several instances, she will be using the photograph depicted in these mail order catalogs (Sears, e.g.) as these often provide a better depiction of the type of structure than a present day photo[lraph. Naumann MINUTES HISTORIC PRESERVATION COMMISSION SEPTEMBER 12, 1995 PAGE 4 said she feels much mere comfortable developing a typology in this fashion, than making up her own. Naumann said she will prepare a revised draft which she hopes to present at the December meeting of the Commission. Naumann asked the Commission to focus on content, rather than typographical errors. N~umann then hopes to hold a public hearing on the item in January. The Commission appreciated the progress to date and will prepare a list of proposed revisions to the report in the mean time. DISCUSSION OF BUTLER RESIDENCE. Russell noted that the Commission had undertaken a field trip to the site last Saturday morning, September 9, 1995. Kugler said he will soon receive proposals from three architects regarding how to mothball the structure. Kugler said the Public Works Department and the City Manager seem to be interested in securing the structure as soon as possible. Kugler said from the mattress and cans of food that were found inside the structure, it is apparent that people have been staying there. The door is likely to be padlocked soon. DISCUSSION OF SUMMIT STREET BRIDGE REPLACEMENT. Russell noted the draft of a memorandum to Jeff Davidson, Transportation Planner and Director of JCCOG, from Kugler, dated September 7, 1995, regarding recommendations by the Historic Preservation Commission for the Summit Street bridge replacement project. Kugler asked whether the Commission would have any changes before it is forwarded to Davidson. No changes were noted at this time. Licht wished to make mention that if there should be a separate, inside railing or barrier that would separate vehicles from pedestrians, it would not matter how well designed the outside railing is should the inside railing act as a barrier to its view. Licht asked the Commission to keep design considerations of this interior railing on the forefront of everyone's mind, as well. Licht felt the concrete barrier type, prevalent around many construction projects, would be unacceptable. Cecile Kuenzli, a Summit Street neighborhood resident, feared that should the bridge be replaced larger vehicles will then be allowed to use the bridge and Summit Street. Kuenzli said, although the Commission is considering the replacement from a design prospective, the neighborhood is concerned about traffic and safety. Russell noted that the Commission has made considerable attempt to take factors other than merely design into consideration, and the Commission recommendation memorandum and Commission minutes make note of these efforts. Kuenzli thanked the Commission and staff for their attention to neighborhood considerations. MINUTES HISTORIC PRESERVATION COMMISSION SEPTEMBER 12, 1995 PAGE 5 DISCUSSION OF POTENTIAL HISTORIC LANDMARK DESIGNATIONS. This item was deferred to the October 10, 1995, meeting of the Commission. UPDATE ON PENDING ORDINANCE AMENDMENTS. Conservation District/Historic Landmark Ordinance. Russell said the Conservation District and Historic Landmark Ordinance would be on the Council agenda for its third vote tonight and passage is eminent. Bylaws Ordinance. Russell said a public hearing on the Bylaws Ordinance will held tonight, then three votes on three separate occasions will be taken. DISCUSSION OF DUBUQUE STREET CORRIDOR SURVEY. Kugler said the contract had been signed and the first neighborhood meeting will be held in the near future. Russell said he had received telephone calls from Council member Larry Baker, Jan Nash and Patricia Eckhardt, herself, as to why Eckhardt was not granted the Dubuque Street Corridor Survey contract. Russell said he notified these individuals that the minutes of the meetings are a matter of public record and available for reading. Russell said Eckhardt was very understanding, but said she felt she was misunderstood in regards to the issue of volunteer assistance. Eckhardt did feel it was wrong that the low bid was not accepted, especially in consideration of her knowledge of the architecture and area. Russell said Eckhardt did say that the matter to contact only one of the bidders for a rebid, and not all, gave the appearance of unethical behavior by the Commission. Kugler did wish to note there is a statement at the end of the Request for Proposal that says the Commission has the right to refuse any proposal. Kugler said Eckhardt had suggested that a point system that judges proposals on certain criteria be utilized in the future, Russell said he assured Eckhardt that there was nothing personal in the decision, but that it was just a matter of experience. Russell said Eckhardt did appear to take it all as a learning experience that would assist her in preparation of future proposals. Russell feels the matter has been a learning experience for the Commission as well, and the Commission should make every effort in the future to ensure that the bidding process is open and perhaps bidders should be invited to answer questions raised. (Swaim and Licht left the meeting.) CONSIDERATION OF MINUTES; 1, July 11, 1995, Page four, under discussion of the Annual Report, last sentence, Russell said this should say, it was asked that the grant amounts be double-checked, rather than award amounts. MINUTES HISTORIC PRESERVATION COMMISSION SEPTEMBER 12, 1995 PAGE 6 MOTION: Kelly moved to approve the minutes of July 11, 1995, as amended at tonight's meeting. Irelan seconded. The motion carried on a vote of 4-0. 2. Julv 25, 1995. o Page one, next to last line, Kelly said she was not present, but asked whether the word "knowingly" was the actual term used. Russell said although these were the actual words used, it may be an insinuation that should probably be struck. Irelan felt the entire sentence should struck as Eckhardt may be insulted by the statement. The rest of the Commission disagreed to striking the entire sentence because it was a part of the discussion. MOTION: Pugh moved to approve the minutes of July 25, 1995, as amended at tonight's meeting. Russell seconded. The motion carried on a vote of 3-1, with Irelan votincl no. August8,1995. Page two, under update on Conservation District, second sentence, Russell submitted alterations to the procedural discussion that were apparently misunderstood by the minute taker. Page five, Item 5, Russell said this should say, "Kelly is the Commis- sion's representative to the Plum Grove Advisory Committee". MOTION: Kelly moved 'to approve the minutes of August 8, 1995, as amended at tonight's meeting. Irelan seconded. The motion carried on a vote of 3-0-1, with Puqh abstaininq due to absence. COMMISSION INFORMATION/DISCUSSION: 1. College Green and East Colle.qe Street Nationa ReCl ster nominations. This item was deferred to the October 10, 1995, meeting of the Commissidn. 2. Follow-up from Joint MeetinQs: Main Street proqram. Pugh is to follow up with the Design Review Committee and City Staff, to determine whether Iowa Citv is eligible for Main Street funding. bo Attendance. Kugler displayed a chart on which the Rules Committee of the City Council has asked that Boards and Commissions start keeping track of member attendance. The Commission agreed to begin keeping attendance at the start of the year. MINUTES HISTORIC PRESERVATION COMMISSION SEPTEMBER 12, 1995 PAGE 7 M.T, Close and Co. Flex Seed Warehouse renovations. Kugler noted the Sep- tember 6, t 995, memorandum which notes that the building had been removed from the National Register of Historic Places due to recent renovations. _ADJOURNMENT: The meeting was adjourned at 7:47 p.m.