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HomeMy WebLinkAbout2005-11-01 Bd Comm minutesMINUTES APPROVE IOWA CITY PUBLIC ART ADVISORY COMMITTEE THURSDAY, SEPTEMBER 1,2005, 3:30 P.M. LOBBY CONFERENCE ROOM, CITY HALL Members Present: Charles Felling, Rick Fosse, Emily Martin, Mark Seabold, Terry Trueblood, Members Absent: James Hemsley, Emily Carter Walsh Staff Present: Karin Franklin, Marcia Klingaman Call to Order Seabold called the meeting to order at 3:35 p.m. Public discussion of any item not on the agenda No items were presented for discussion by the committee members. Consideration of the Minutes of July 7, 2005 Meeting MOTION: Felling moved to accept the minutes as submitted, and Trueblood seconded. The motion was passed unanimously by those present. Recommendation to Council That two Calls to Artists, one each for the Kickers Soccer Park and the Sycamore Greenway Trail be approved by the City Council so that proposals for sculptures for these areas can be requested of artists. Updates Benton Hill Entryway Franklin said there is typically a dedication ceremony when new art is installed, though it is not mandatory. Since the arch was not completed in time for the park dedication, she asked whether the committee would like to do an additional dedication. Klingaman said that there would be a plaque with information about the piece, which will be installed by the base. Fosse said it might be awkward to do a second ceremony so soon after the park dedication. General agreement expressed to forego a dedication for the archway. Seabold reported that the archway turned out well, and the concrete looks very natural. Iowa Sculptors Showcase Klingaman said that a call needs to be sent for artists to submit for 2006, since it takes several months to go through the process. Franklin said the timing issue is that the piece may need to be made. Aisc, the honorarium is paid out in advance to help purchase materials, which has worked out in the past. Klingaman said paying out the honorarium in advance has helped increase response to the call, especially for newer artists who may not have as many resources. Franklin said the process needs to get started, to give ample time for selection and construction of the piece, since it is installed in June. Klingaman suggested reviewing the call at the October meeting. Franklin asked whether the committee would like to focus the call to a particular style or theme. She added that the committee and council do not need to review the call or proposal if it is done the same as it has been in the past. Martin said she would recommend not making it too specific. No specific changes were suggested by the committee members. Franklin said the call would be sent out as in previous years. Peninsula Sculptors Showcase Klingaman stated that at the August PAAC meeting that she mentioned that Goddard selected the Willow Creek Park location for his sculpture since the Peninusula construction work was not completed in time for the installation at that site. She passed around recent photos of the sculpture in process. She said he still needs to grind down the concrete, so to keep that in mind. Seabold said he had a different vision of the lower half of the sculpture than is indicated by the pictures, that the figures were going to grow out of a common base. Iowa City Public Art Advisory Committee Minutes September 1, 2005 Page 2 Franklin asked if the pictures indicated the current state of the sculpture. Klingaman said yes, as of Tuesday. Franklin said that one goal of this rotating sculpture is to give students a public venue; varying degrees of quality and sophistication in the works is to be expected. Seabold said that the mockette of the piece was very nice, but noted that he does not think Goddard had previous experience working with concrete. Klingaman agreed that Goddard was still trying to decide how to do the concrete part while they were reviewing the Willow Creek Park site. Seabold said it appeared that Goddard' wrapped each individual section with duct tape and poured the concrete inside, and that he thought the base was going to be different. He asked if more concrete could be added to the lower part of the sculpture. Fosse said it is difficult to get concrete to bond to itself after it dries, and adding concrete to it possibly would reduce its durability. Franklin said she understood from Goddard that part of the evolution of the piece would be its disintegration, so durability might not be a major issue. Fosse asked if the committee could ask Goddard to add more concrete to the lower part of the sculpture. Franklin said the committee could ask the artist to make improvements so that the sculpture more closely matches expectations. Klingaman said it would be easier for more cement to be added before Goddard spends time grinding down the base of the sculpture. Fosse said Goddard would have to grind it to remove tape residue and create a rough surface for the new cement to bind to. Klingaman said she does not want additional work on the base to interfere with completing the rest of the sculpture before Goddard leaves the area. Franklin noted that that committee needs to keep in mind the potential to acquire the piece after the display year is over. If the committee does not want to recommend the piece to the council as it currently appears, then some change needs to be made. Part of working with the students is to help educate them about working with a committee and meeting their expectations. Felling asked when Goddard planned to leave the area, and if the committee could see the piece after he had worked with the grinder. Klingaman said he originally planned to leave about six weeks after August 1. She added that it would probably be more practical for Goddard to do the extra cement work before spending a lot of time grinding down the bottom part of the sculpture. Seabold said the bottom part could be formed out of plywood around the base to hold the cement in. place, which would be squarer but would be able to handle the weight better than duct tape. He added that the upper part of the sculpture looks very similar to the proposal. Martin suggested expressing concerns to Goddard about the difference between the proposal and current state of the piece, and discussing options with him. Klingaman will contact Goddard regarding the committee's concerns. Franklin left at this point. Discussion and approval of Calls for Art in Park'proiects Martin asked for confirmation that the two calls are essentially the same, but refer to the different sites. Klingaman said that the project parameters and design considerations are also different, but the rest is the same. She said the plan is to send the letters out to the artists who were selected at the July meeting. Fosse asked if the call should be limited to completed work, or also include submission of concepts. Klingaman said the slides were of sculptures submitted several years ago, so the assumption is those pieces are not available. Felling said it is exciting to follow a piece from conception to completion, though there are risks with that approach. Seabold said that some difficulties arose with artists working with materials they are unfamiliar with, so perhaps the committee could ask for examples of completed work using the proposed materials. Trueblood said that a September 30 deadline would only allow for submission of completed work. Klingaman said the September deadline date is not valid, since it was based on an August review of the call. The deadline would be changed to the end of October, since the council will need to review it as well. Fosse suggested having artists submit sketches of concepts along with slide examples of completed work. Martin said given the sizes and locations, the committee members might be more pleased with the results if the pieces are designed specifically for this project. She agreed with reviewing concepts as well as finished pieces. Iowa City Public Art Advisory Committee Minutes September 1, 2005 Page 3 Seabold asked whether the calls would be sent out only to artists who were reviewed at the July meeting. Klingaman said yes. Seabold asked if a larger pool of artists would be included if the committee invites concept submissions. Martin asked if including concepts would result in the committee starting over. Klingaman said no, because the artists were selected based on examples of their work, though not necessarily the availability of a specific piece. Felling noted that in the selected group, the committee would be soliciting experienced artists. Trueblood asked how many artists were selected. Klingaman estimated 20-25 artists. Franklin returned at this point. Klingaman explained that the committee is discussing the option to solicit concepts in the call, in addition to finished pieces. Franklin noted that this project does not have a strict timeline, so the committee could do a commission. She asked if this is being considered for both calls. Seabold said yes. Franklin suggested changing the date from November 15 to spring of 2006. In the calls, installation is currently slated for December 15, 2005. Trueblood said installation might be difficult in the winter. He said that a good time to install a piece in the soccer park would be March, before the season begins, although it could be done during the season as well. Franklin said that an installation date would be put into the contract, but that date could still be changed if necessary. Trueblood asked if it would be better to wait to install in April or later. Fosse said the base is not a concern, since it would generate enough heat to cure. The concern is how soft the ground will be, which is unknown. Seabold asked if a site for the piece has been designated, or if it will be left up to the artist's concept. Klingaman said the calls do not dictate location. Trueblood said it would have to be reviewed so it does not interfere with utility lines or other obstacles, but there is plenty of space available. Seabold asked if the artists are local. Klingaman said no. Franklin said the slides were from a national call. Klingaman said a series of photographs of the sites will be included with the call, and they may come see the site in person if they wish. Klingaman asked if the deadlines for both should be March 31. Franklin suggested having staggered deadlines. Klingaman said it might be easier doing both at the same time, though she would prefer not to specify a deadline date that is not feasible. Trueblood suggested having deadlines of May 1 and June 1, with the soccer park deadline earlier. Fosse said a longer lead-time would help reduce the cost of fabricating a new piece. Franklin said that the contract would set out the responsibilities and expectations for both the artist and the city. Fosse asked if the contracts have language that refers to the Artists' Rights Act. Franklin said yes. Klingaman asked if there were any other concerns with the calls. Seabold noted his name is misspelled. Franklin said it is important to make sure the design considerations accurately reflect what the committee is looking for, since those will set the tone of the submissions. Trueblood suggested changing them to say "vandal resistant." Klingaman asked if the Greenway call should include anything regarding a kinetic piece. Martin said that the letter could express an interest in kinetic pieces, but not to the exclusion of others. Martin asked if the soccer park site would have a seating area. Trueblood said that is hard to say, since the location is not known, but it is unlikely since the seating areas are between fields. He added that having it near the entry or driveway would not be ideal, and suggested instead to put it somewhere that is pedestrian friendly, so people who would like to go up and see it are able to do so safely. An area in the north section of the park is planned for parkland, and it might fit there well. Also, there is a lot of activity near the north concession stand near the shelter. Franklin asked when the improvements are planned. Trueblood said they are planned for the next several years. Martin suggested leaving the soccer park description as it is. Trueblood said the artist might have suggestions, as well. Franklin said the calls need to go to council, so the submission deadline would not be before October 31. Felling asked if there were thoughts about where a Greenway piece would be located. Trueblood said Iowa City Public Art Advisory Committee Minutes September 1, 2005 Page 4 there are a lot of possibilities. Fosse indicated some areas on the map, and said a piece that incorporated seating might be a good option. Franklin said there is a local artist who does beautiful seating pieces carved from granite. Franklin asked if the committee members are comfortable with a national artist, versus a local one. Fosse asked if local artists could be added. Franklin said the call could be opened up, by contacting local art councils and other groups. She noted that most of the artists in the slide registry are not local. Martin asked how people get into the slide registry. Franklin said the city solicited the arts councils in the Midwest. It is also on the city website, and she receives unsolicited requests to be added on a regular basis. Martin confirmed that artists can be added to the registry at any time. Franklin said yes. Martin said as long as it is clear that local artists can become involved, then the issue has been addressed. Franklin said for the two park projects, the decision had been to do a selected commission, which is a process outlined in the procedures. Trueblood said he is fine with opening up the call to local artists, depending on how many submissions the committee would like to review. Seabold asked if the call could be both a selected and open commission. Franklin said yes, they can be posted on the website. She said the Public Art program is registered with America for the Arts, which is national. She added that she would discourage a mass mailing to the entire registry, as not being cost effective. Trueblood asked if putting it on the website would include more local artists. Franklin said not necessarily, but it would include anyone who accesses it. Fosse said the website would not exclude local artists. Martin noted that it is the artist's job to look for opportunities. Committee time/Other business Franklin asked if there would be any neighborhood art projects ready for discussion at the next meeting. Klingaman said it is unlikely any will be discussed at the next meeting, more likely in November. Martin asked if there is a deadline. Klingaman said that a schedule has been established, but it does not have a deadline. Klingaman said that the Melrose Neighborhood has been going through the process very aggressively. They have determined where historical markers could and could not be located, which has narrowed down that aspect and allowed them to focus on what historical structures they would like to highlight. They are having a meeting September 18. Felling asked if there was an update regarding Brooklyn Park. Trueblood said there was a meeting recently to discuss both public art and the neighborhood park master plan. One of the ideas was to include public art in the park. They are primarily considering historical markers, but art in the park is also a possibility. Klingaman said that Wetherby has a general concept of what they would like, with the weathervane and the decorative railing. She will be helping them put together a call, but is unsure whether it will be ready for the October meeting. Trueblood asked if the peninsula area would be revisited once the bridge is completed. Seabold asked if work on the bridge has been progressing. Fosse said the river is down. Trueblood said there had been discussion about having a sizeable sculpture on the Iowa City side of the bridge. Franklin said that could be discussed later if the committee wished. Adiournment There being no further business to come before the committee, Fosse moved to adjourn and Martin seconded. The meeting adjourned at 4:40 p.m. s:/pcd/minutes/PublicArtJ2005/art09-01-05.doc Public Art Advisory Committee Attendance Record 2005 Term Name Expires 1/06 2/02 3/02 4/07 5/05 7/07 9/01 10/06 11/03 12/01 0/00 Emily Carter Walsh 01/01/08 CW X O X X X O/E Charles Felling 01/01/06 CW X X X O/E X X James Hemsley 01/01/06 CW O/E X X X X O/E Emily Martin 01/01/08 CW X O/E O/E X O/E X Mark Seabold 01/01/07 CW X X X X X X Rick Fosse CW O/E X X X X X Terry Trueblood CW O/E X X X X X Key: X = Present O -- Absent O/E = Absent/Excused NM -- No Meeting CW = Cancelled due to Weather - Not a Member MINUTES APPROVED Iowa City Airport Commission September 8, 2005 Iowa City Airport Terminal - 5:45 PM Members Present: Randy Hartwig, Chair; Greg Fan-is; Howard Horan; Carl Williams, John Staley (arrived at 5:55 PM) Members Absent: Dan Clay (Advisory Member) Staff Present: Sue Dulek, Michael Tharp Others Present: Dave Hughes, Earth Tech; Bruce Ahrens, Farmers National Company; Todd Locher, Attorney for Taylor Construction; Bob Downer, Attorney for Iowa Bridge & Culvert DETERMINE QUORUM: Chairperson Hartwig called the meeting to order at 5:46 PM. RECOMMENDATIONS TO COUNCIL: Motion approved recommending that the listing agreement with Iowa Realty be amended to provide for a two-lot scenario with respect to the lots not a part of the pending purchase offer. APPROVAI.: OF MINUTES FROM AUGUST 11, 2005 MEETING: Chairperson Hartwig asked if there were any additions or changes to the above-named minutes. Farris moved to accept the minutes of the August 11, 2005 meeting as submitted; seconded by Williams. Motion passed 4-0 (Staley absent). PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION/ACTION: A. Farmers National Company - Consider Resolution Approving Professional Management Services Agreement to Manage Farm Land - Williams moved to consider the resolution approving Professional Management Services Agreement to manage farmland; seconded by Horan. A brief discussion touched on the changes that need to be made to the agreement, and Dulek stated that she and Ahrens would take care of this. Resolution No. A-05-20 passed on a roll call vote, 4-0 (Staley absent). B. Runway 07 Project - Earth Tech 1. Update - Hughes stated that the FAA has asked that they update the Capital Improvement Plan for the runway, which they have done. The FAA then asked for a cost analysis, and Hughes stated they are attempting to set up a meeting with the FAA to better clarify these issues. This meeting will tentatively be in early October. He also mentioned that they received a small grant from the FAA to cover engineering services. Airport Commission September 8, 2005 Page 2 2. Williams moved to consider the resolution awarding contract and authorizing the Chairperson to sign and the Secretary to attest a contract for construction of the Box Culvert Project; seconded by Staley. A brief discussion followed, with Dulek noting there were three bids that were received on this project. Iowa Bridge & Culvert, Inc., has submitted the lowest bid of $910,000 for the box culvert project within the runway 7/25 extension project. She also noted that Taylor Construction, one of the bidders on this project who came in approximately $77,000 higher than Iowa Bridge & Culvert and approximately $35,000 over the engineer's estimate's estimate, has contacted the City Attorney's office and the FAA, as well as Earth Tech. They have a concern regarding the DBE (Disadvantaged Business Enterprise) goal. Dulek noted that Dave Hughes with Earth Tech looked into this concern, and found that Iowa Bridge & Culvert did meet this goal. The FAA concurs in awarding the bid to Iowa Bridge & Culvert. Todd Locher, representing Taylor Construction, then spoke to the Commission regarding this project and the concern over the DBE goal of 5%. Bob Downer, representing Iowa Bridge & Culvert, also spoke briefly to this issue, stating that Iowa Bridge & Culvert had followed all necessary rules and regulations in the bidding of this project. Resolution No. A-05-21 passed on a roll call vote, 5-0. Staley moved the resolution approving Supplemental Agreement No. 2 with Earth Tech for Engineering Services for Runway 7-25 Extension Project for the rerouting of Willow Creek and construction of box culvert; seconded by Fan-is. Resolution No. A-05-022 passed on a roll call vote, 5-0. C. Aviation Commerce Park - Chairperson Hartwig noted that realtor Harry Wolf was not sure if he could make this evening's meeting. He stated that they would move on in the agenda in case Wolf does arrive, and they will come back to this item later in the meeting. A brief discussion ensued regarding the listing agreement that Iowa Realty has for the Aviation Commerce Park land, It was noted that a 6-month extension was granted on this agreement. The members reviewed the memo from the City Manager regarding this agreement. Horan moved to accept the City Manager's recommendation a 2-lot scenario; seconded by Farris. Motion approved 5-0. D. Airport "Operations:" Strategic Plan--Implementation; Budget; and Airport Management 1. Update - Hartwig noted that in regards to the budget there was not much new as they are only a month or so into the new fiscal year. Horan asked about the vehicle sale, and where this money would go. Hartwig said he would find out the specifics of this. The members also briefly discussed Airport Commission September 8, 2005 Page 3 2. the airport management position, noting that the budget still shows this as a full-time position. 3. Staley moved the resolution approving Second Consultant Services Agreement with Snyder & Associates for Temporary Management Services; seconded by Horan. Resolution No. A-05-023 passed on a roll call vote, 5-0. E. Airport Viewing Area - Hartwig informed the members of an email communication with the FAA in regards to this project. The FAA has concerns regarding a shelter and playground equipment. Hartwig noted that the bottom line is they will be installing a fence here. (return to Item C. Aviation Commerce Park) (TAPE ENDS) F. Subcommittees- Update of current and establishment of new ones- Hartwig stated that he feels an "infrastructure" subcommittee would be beneficial in helping them keep up-to-date on things within the Airport, and to set up priorities on projects that need completed. Farris gave the members a handout he had prepared on this. The members discussed the various issues that need to be addressed. Hartwig noted that he will be contacting Rick Fosse with the City and asking his help in identifying these priorities. The issue of land-use was also touched on. G. Annu'd Report to City Council - Hartwig noted that Dan Clay, Advisory Member, has offered to handle this. Mike Tharp is working with Clay on this report. Tharp noted that he is working on this and is setting it up similar to a corporate annual report. CHAIRPERSON'S REPORT: Hartwig noted that the Sertoma Fly-In was well received. He also noted there are State grants in place to repair the roofs on Buildings B and C, and money to do the floors, as well. He also noted that the roof on K needs to be looked at. COMMISSION MEMBERS' REPORTS: Horan stated that he heard good things about the fly-in, as well. He did note that he heard comments about loose gravel. Williams noted that next Monday at 1:00 P.M. there will be a meeting between Ron Duffe and the Police Department regarding a mock-emergency situation being planned. He stated that this was postponed due to the summer heat, but they are hopeful to do this yet this fall. Williams also welcomed the new members to the Commission. STAFF REPORT: Dulek noted that Mike Miller with Hertz is still working on the agreement. SET NEXT REGULAR MEETING FOR OCTOBER 13, 2005, AT 5:45 P.M. ADJOURN: Meeting adjourned at 7:15 P.M. Airport Commission September 8, 2005 Page 4 Airport Commission ATTENDANCE RECORD YEAR 2005 TERM 1/13 2/10 '2/16 3/10 4/14 5/12 6/9 7/14 8/11 9/8 NAME EXP. Daniel Clay 3/1/08 O/E X X X X ...... O ...... Randy 3/1/09 X X X X X X X x X X Hartwig Greg Farris 3/1/07 ..................... X X X John Staley 3/1/06 X X X X X X X X O X Carl 3/1/10 X X X X X X X O O X Williams Howard 3/1/08 ..................... X X X Horan KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting .... Not a Member FINA L/A PPR 0 VED POLICE CITIZENS REVIEW BOARD ~ MINUTES - SEPTEMBER 13, 2005 CALL TO ORDER: Vice-Chair Greg Roth called the meeting to order at 7:02 p.m. MEMBERS PRESENT: Elizabeth Engel, Michael Larson, and Greg Roth MEMBERS ABSENT: Loren Horton, and Candy Bamhill STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle present OTHERS PRESENT: Capt. Tom Widmer of the ICPD RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #05-02 CONSENT CALENDAR M)tion by Engel and seconded by Larson to adopt the consent calendar. · Minutes of the meeting on 08/16/05 · ICPD General Order #99-05 (Use of Force) · ICPD General Order #00-05 (Off-Duty Conduct: Powers of Arrest) · ICPD General Order #01-04 (Bomb Threats / Emergencies) · ICPD General Order #05-01 (Persons with Mental Illness) · ICPD Department Memo #05-33 · ICPD Use of Force Report- July 2005 Motion carried, 3/0, Horton and Barnhill absent. OLD BUSINESS None. NEW BUSINESS Engel and Larson were chosen for the Nominating Committee and will give a reoort with their recommendations at the October meeting. PUBLIC DISCUSSION Widmer informed the Board he had spoken with a journalism student regarding the general orders wanting to know why the Board receives them and what type of changes are made. Widmer asked the Board what kind of information they would like him to provide regarding the general orders. It was decided that Widmer would come prepared to the meeting with the changes in case the Board has questions. Widmer also stated that if it was a substantial change he would let the Board know during their discussion. BOARD INFORMATION Roth introduced the new Board member Michael Larson and Larson gave the Board some background on himself. PCRB September 13, 2005 Page 2 STAFF INFORMATION T~Jttle informed the Board that Barnhill had been accepted into the Johnson COunty Master Gardner trainee program which meets every Tuesday and Thursday from September 8-November 1. EXECUTIVE SESSION Motion by Larson and seconded by Engel to adjourn into Executive Session based on Section 21.5(1 )(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons Outside of government could reasonably b~".lieve that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 3/0, Horton and Barnhill absent. Open session adjourned at 7:14 P.M. REGULAR SESSION Returned to open session at 7:16 P.M. Motion by Larson and seconded by Engel to forward the Public Report as amended for PCRB Complaint #05-02 to City Council. Motion carried, 3/0, Horton and Barnhill absent. MEETING SCHEDULE · October 11, 2005, 7:00 P.M., Lobby Conference Room · November 8, 2005, 7:00 P.M., Lobby Conference Room · .. December 13, 2005, 7:00 P.M., Lobby Conference Room · January 10, 2006, 7:00 P.M., Lobby Conference Room ADJOURNMENT Motion for adjournment by Larson and seconded by Engel. Motion carried, 3/0, Horton and Barnhill absent. Meeting adjourned at 7:20. POLICE CITIZENS REVIEW BOARD ATTENDANCE RECORD YEAR 2005 (Meetin Date) TERM 1/11 2/8 3/8 4/12 5/10 6/14 7/12 8/16 9/13 10/11 11/8 12/13 NAME EXP. Candy 9/1/07 NM X X NM X X NM X O/E Barnhill Elizabeth 9/1/08 NM X X NM X X NM O/E X Engel Loren 9/1/08 NM X X NM X X NM O/E O/E Horton Greg Roth 9/1/09 NM X X NM X X NM X X Roger 9/1/05 NM X X NM X O/E NM X .............................. Williams Michael 9/1/09 ........................ X Larson KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting - Not a Member POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 ,.~ TO: City'Council _ O Complainant --> ~ ~'~ Stephen Atkins, City Manager' ©-" Sam Hargadine, Chief of Police _-~. ~.~ :=,, Officer(s) involved in complaint ,4~_:z~ FROM: Police Citizens Review Board ;]> RE: Investigation of PCRB Complaint #05-02 DATE: September 13, 2005 This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB #05-02 (the "Complaint"). I Board's Responsibility Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to review the Police Chief's Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chief's professional expertise" (Section 8-8-7B (2). While the City Code directs the Board to make "findings of fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence", are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice or any Federal, State or Local Law". Sections 8-8-7B (2) a, b, and c. Board's Procedure The Complaint was received at the Office of the City Clerk on May 05, 2005. As required by Section 8-8-5 of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was due on August 3, 2005 and was filed with the City Clerk on July 29, 2005. The Board voted to review the Complaint in accordance with Section 8-8- 7B(1)(a), on the record with no additional investigation. The Board met to consider the Report on August 16, 2005, and September 13, 2005. Findinqs of Fact The complaint alleges the use of aggressive behavior and the use of improper language. The general facts of the incident, as follows, are not in dispute. On Friday, April 22, 2005, at approximately 23:58 hours, a complaint of a loud party was received by the Iowa City Police Department. Two Iowa City police officers were dispatched to the location of the loud party, 1220 Village Road #4, Iowa City. The complainant, identified as the resident of 1220 Village Road #4, was issued a citation as a result of this call. ~ The complainant reported the conduct of Officer A to be aggressive an~ ~ unprofessional during the incident and reported that Officer A called thc ' -- complainant an "asshole". The complainant considers the alleged actiQ.~nd ~ F-- language of Officer A to be improper for that of a police officer, r~ ~ ["T'] The two officers involved in this call were in the professional relationsh of Fie_~ Training Officer and Officer Trainee. Officer A was the Field Training Officer ar~ Officer B was the Officer Trainee. At the time of this call Officer B was in the final phase of training and Officer A was in the position of observer and backup officer, clothed in street clothing. The complainant stated that Officer A told the complainant not to tell him how to do the officer's job. The complainant described the actions of Officer A as being "up in my face". Officer A recalls being firm and direct during the initial contact with the complainant and the Board could find no evidence of inappropriate aggression on the part of Officer A. The complainant could not recall the exact words that Officer A allegedly used but related them generally as "You're being an asshole" or You're "being an asshole about the situation". It was disclosed through the police department's investigation that an upset neighbor lady had exited an apartment and inadvertently called Officer A, who was not in uniform, an "asshole" thinking that Officer A was the complainant or another person present at the party. Officer A does recall telling the complainant how upset Officer A was over being called an "asshole" due to the actions of the complainant and may have used the term "asshole" in this context. Officer B stated he did not hear any offensive language from Officer A and did not observe any aggressive actions on the part of Officer A. Officer B told the police interviewers that it was a surprise that a complaint had been filed due not only to the absence of any thing out of the ordinary at the call but also due to the fact that the complainant was calm and non-combative or verbally abusive. Officer A related feeling the complainant was initially "rude and disrespectful" at first but once in the police car for the citation the complainant was very polite and took responsibility. Officer A related the initial actions as firm and direct but did not call the complainant an asshole and only used the term in reference to the neighbor lady's mistaken identification of Officer A as a member of the party. Conclusion By unanimous vote, the Board set the Level of Review for this complaint at 8-8- 7(B)(1)a, believing there to be enough information in the Chief's Report, and other attached materials, to allow the Board to come to an informed conclusion. The Board vote was 3-0 with 2 members of the board absent. The Board finds allegation #1 to be not sustained. The Board could not determine exactly what was said, or who said what, during the incident. There is no evidence to support that Officer A acted in an overly aggressive manner for the situation, nor that Officer A directly called the complainant an asshole or made any other reference to the person of the complainant using that terminology. The only substantiated directed use of the term "asshole" was by the upset neighbor lady and it appears to have been directed at Officer A. The Board concludes the findings of the interim Chief of Police are supported by substantial evidence, are reasonable, not arbitrary or capricious, and are consistent to a Police Department policy or practice or any Federal, State or Local Law. Complaint #05-02 Alle.qation # 1: Aq.qressiveness and Improper Lan.qua.qe * It was noted by the Board that the two complaints originally made by the complainant were contained in one allegation in the Chief's Report. The Board found this condensation of allegations to be consistent with the complainant's original complaint and concerns. The board has no cause to suspect or believe that Officer A used overly aggressive actions or improper language in this situation. Allegation #1 against Officer A is not sustained. Comment None. MINUTES APPROVED IOWA CITY BOARD OF ADJUSTMENT SEPTEMBER 14, 2005 EMMA J. HARVAT HALL-IOWA CITY, CITY HALL MEMBERS PRESENT: Carol Alexander, Karen Leigh, Vincent Maurer, Michael Wright, Ned Wood MEMBERS ABSENT: NONE STAFF PRESENT: Robert Miklo, Sarah Holecek OTHERS PRESENT: Sarah Swartzendruber, Rob Phipps, Jim Enloe, Meg Baron, Holly Hotchkiss, Shelly McCafferty, B. Wilson, Kyle Kwaise, Laura Parker, Helen Burford, Jim Easton, Esther Baker, Janet Ranbadonski, Michel Maharry, Hillary Sale, Ryan O'Leary, John Morrison CALL TO ORDER: Chairperson Maurer called the meeting to order at 5:02 pm. CONSIDERATION OF THE JULY 13, 2005 BOARD MINUTES MOTION: Alexander moved to approve the minutes as submitted. Wright seconded the motion. Motion passed 5:0. MOTION: Leigh moved to take the items out of order. Wood seconded the motion. Motion passed 5:0 SPECIAL EXCEPTIONS: EXC05-00015 Discussion of an application submitted by Iowa City Ready Mix for a special exception to allow additions to a cement plant located in the General Industrial (I-1) zone at 1854 South Riverside Drive. Miklo said that cement plants are allowed by special exception within the General Industrial (I-1) zone. He said that the current use, Iowa City Ready Mix, was established prior to this requirement in the zoning ordinance and consequently was never required to go through a special exception process. He noted that the owners wish to build a covered structure which will roof the 5 material hoppers and 4 dump trucks to be parked in that location. He said that approval of the special exception for the proposed structure and the existing use of the property will in effect legitimize the entire cement plant. Miklo presented pictures with the location, the area, and existing facility. He said that there are 7 general tests that need to be met. Miklo said that the specific proposed exception should not be detrimental to or endanger the public health, safety, comfort or general welfare. He mentioned that the staff is not aware of issues related to traffic or safety concerns. He noted that it is adjacent to the Iowa River, but is outside of the 100-year flood plain, so the staff does not anticipate problemS related to flooding for the property. Miklo stated that the proposed exception should not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. He said that the proposed changes are relatively small and are not expected, in staffs view, to affect enjoyment of surrounding properties nor to diminish property values. Miklo continued by saying that the establishment of the specific proposed exception should not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. He said that the proposed addition will not change the current use of the property and consequently is not expected to have a significant effect on the development of the surrounding properties. Iowa City Board of Adjustment Minutes September 14, 2005 Page 2 Miklo said that adequate measures should be taken to provide ingress or egress designed to minimize traffic congestion on public streets. He added that the proposed covered structure is located away from entry and exit points on the property and will not affect the ingress or ingress which are currently adequate. Miklo said that except for the specific regulations and standards applicable to the exception being considered, the specific exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is located. He mentioned that according to the Sensitive Areas Ordinance, a natural buffer of 50 feet is required between the Iowa River and any development activity. The proposed sheltered structure lies partially within 50 feet of the river. However, it is allowed for the buffer to be reduced by up to 50% if certain circumstances exist. He added that the area does not contain any significant native trees or prairie remnants. If the buffer is to be reduced, the ordinance states that enhanced vegetative cover shall be provided in the remaining buffer area. He added that the river bank contains extensive vegetation and it is steep, and it does not appear that it would be possible to plant additional trees. Next, Miklo said that the proposed use should be consistent with the Comprehensive Plan of the City. He said that the South Central District portion of the Comprehensive Plan acknowledges the commercial and industrial character of the area. The proposed changes are in conformance with the Comprehensive Plan. Miklo said that staff recommends that EXC05-00015 an application submitted by Iowa City Ready Mix for a special exception to allow additions to a cement plant located in the General Industrial (I-1) zone at 1854 South Riverside Drive be approved. Wright said that the applicant is willing to address any lack of vegetation, and he asked if it is too steep how they would address that. Miklo said that there is no lack of vegetation. He added that the code allows the buffer to be reduced by up to 50% if additional vegetation is provided. Holecek said that they are not proposing that the buffer will be reduced with 50%, but are making sure that they will not reduce the buffer unless necessary to accommodate the new addition. PUBLIC HEARING OPENED NONE PUBLIC HEARING CLOSED Leigh wanted to make sure that there will not be any further excavations in the Iowa River buffer area. Miklo said that they will not do any excavations; the addition will be just above the existing structure. MOTION: Alexander moved that EX005-00015 an application submitted by Iowa City Ready Mix for a special exception to allow additions to a cement plant located in the General Industrial (I-1) zone at 1854 South Riverside Drive be approved subject to the 50-foot buffer be reduced only as necessary to accommodate the proposed structure. Leigh seconded the motion. Alexander will vote in favor of the application. She said that the specific proposed exception should not be detrimental to or endanger the public health, safety, comfort or general welfare. She said that it appears not to be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. She noted that the changes are relatively small, and consistent with the land uses surrounding the cement plant. Alexander said that it should not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. She said that no effects on ingress or egress exist now, and the addition should not make any changes. In terms of the Sensitive Areas Ordinance, it appears that the proposed sheltered structure will partially encroach within 50feet of the river, but there are several provisions that are met. The proposed addition will not affect the buffer between the cement plant and Iowa River, is not an area that has significant native trees or prairie remnants, nor does it contains sensitive areas subject to the requirements of the sensitive areas ordinance. She added that the proposed use should be consistent with the Comprehensive Plan of the City. Iowa City Board of Adjustment Minutes September 14, 2005 Page 3 Wood will vote in favor. He said that there is nothing to indicate that it will be detrimental or endanger the public health, safety, comfort or general welfare. He said that it will be a minor change to the property. He noted that it will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not affect the traffic around the property. He said that there is concern about the natural buffer, but is being addressed. He added that the proposed use should be consistent with the Comprehensive Plan of the City. Leigh will vote in favor for the reasons already stated. She added that her biggest concern was the proximity to the river and the issues involved, but those had been adequately addressed. Wright will also vote in favor. He said that for the reasons already stated it does appear to meet all general standards. He added that the property lies outside the rivers flood plain which should be a great consideration, and the cement plant has not been detrimental to the public health, safety, comfort or general welfare, and is not expected to change that. Maurer will vote in favor for the reasons already stated. Motion passed 5:0. VARIANCE VAR05-00001 Discussion of an application submitted by Keming Zeng and Jie Zhou for a variance to permit up to 30 roomers for property located in the Neighborhood Conservation Residential (RNC-12) zone at 932 East College Street. Wood excused himself due to conflict of interest. Miklo said that the application is to allow up to 30 roomers to occupy the building at 932 East College Street. He said that the property is non-conforming in terms of lot area, and parking. In absence of a variance the property is permitted to be used for a non-conforming rooming house with a maximum occupancy of 13 roomers. He said that the proposal is to increase from 13 to 30 the number of roomers allowed. Miklo stated that in 1997 a variance was granted to allow up to 30 occupants on the property. However, the Board at that time placed a number of conditions on that decision. He mentioned that one condition states that the variance is specifically to Leighton House LC, which will provide resident management of the rooming house consistent with the principles outlined in the business plan dated July 1997; the density variance is not applicable to any successors in title to the property. Miklo said that due to this very specific condition placed on the previous variance it is not transferable, someone who buys the property cannot have 30 occupants. Therefore the owners are applying for a new variance to allow up to 30 occupants. Miklo said that the Iowa State Code, case law and the Iowa City Zoning Code contain a number of requirements that the Board must find in order to grant variance. Miklo said that the Board must find that the proposed variance is not contrary to the public interest; it will not threaten neighborhood integrity, nor is going to have an adverse effect on the use of other properties in the area. In staff's opinion the applicant does not meet this test. The zoning ordinance, he said, establishes maximum densities to guard against overcrowding, and strain on public and private utilities and facilities necessary to preserve a residential neighborhood. The applicant's property is located in a part of the city where there is an evident shortage of both on- and off-street parking. Unless operated under the existing variance, the property may be used to house up to 13 roomers yet provides only 2 off-street parking spaces. In staff's opinion, allowing a total of 30 roomers, will likely result in additional traffic and demand for on-street parking. Granting the applicant special privileges not enjoyed by neighbors, will add to the parking congestion in the neighborhood. Miklo said that the business plan on which the Board of Adjustment based its 1997 decision relied on the then applicants' educational background and expertise, plans to provide twenty-four hour on-site resident management by an experienced educator, academic support, professionally prepared meals, housekeeping, transportation, offsite parking, security and plans to renovate the building. He noted that Iowa City Board of Adjustment Minutes September 14, 2005 Page 4 the current applicant has provided no information regarding their educational credentials or management skills, or specifics on how they would implement the business plan. Miklo noted that in 1997 the then applicant had indicated the parking would be addressed through leased spaces in the Chauncey Swan public parking ramp and that transportation would be provided between the ramp and 932 College Street. The City's Parking Division indicates that in 1997 two parking spaces were leased for a period of three months, and the lease was not renewed. He added that the current applicant has not addressed how they would provide parking. Miklo said that the second criteria is that the proposed variance will be in harmony with the general purpose and intent of the Zoning Chapter and will not contravene the objectives of the Comprehensive Plan. Miklo said that the staff finds that the application does not meet this test. He added that for a number of years the Comprehensive Plan and zoning map have reflected the City's intention to stabilize this and surrounding neighborhoods, and allowing 30 roomers will not be consistent with the intent of the City. More than doubling occupancy will increase congestion, noise, and neighborhood-wide parking problems. Finally, Miklo said, there is the test for unnecessary hardship which consists of three prongs. The property in question cannot yield a reasonable return if used only for a purpose allowed in the zone where the property is located. Miklo said that staff finds that the application does not meet this test. He added that the applicants have not submitted any financial information that would allow the Board to conclude that this property can not yield a reasonable return if used for a rooming house for 13 occupants. He said that the application refers to the 1997 business plan as evidence that the property can not yield a reasonable return, however the plan is out of date and does not reflect the current conditions, nor does it adequately justify the need for more roomers. Miklo said that even if the applicant was able to show that the application of the zoning law to his property resulted in a diminishment of value, Iowa courts have found that in order to justify a variance, it must be proven that the strict application of the zoning law practically destroys the value of the property. Miklo said that the owner's situation has to be unique or peculiar to the property in question, and the situation is not shared with other landowners in the area nor due to general conditions in the neighborhood. He noted that staff finds that the application does not meet this requirement. He referred to a table in the staff report that shows there are several other rooming houses in this neighborhood that operate at a lower density than the 13 roomers currently permitted for 932 College Street. He added that granting the variance to allow 17 additional roomers for the property would convey a special privilege to the applicant that would not be afforded to other property owners in similar situations. He said that there is nothing special about the physical characteristics of the property that warrants special privileges to this property that other rental properties in this neighborhood do not enjoy. Finally, Miklo said that the hardship is not of the landowner's or applicant's own making or that of a predecessor in title. He noted that staff finds that the application does not meet this test. Although it is true that changes in dimensional, density, and parking requirements were not caused by the property owner or a predecessor in title, the applicant has not submitted any recent data to show that application of these standards to this property has resulted in an unnecessary hardship. The current owner's decision to invest in the property based on the 1997 business plan knowing that the Board restricted the variance to Leighton House LC, was of their own making. Staff recommends that VAR05-00001 an application submitted by Keming Zeng and Jie Zhou for a variance to permit up to 30 roomers for property located in the Neighborhood Conservation Residential (RNC-12) zone at 932 East College Street be denied. Maurer asked when was the zoning change, and if the prior zoning ordinance allowed for something different. Miklo said that the building was built in 1920's, and Iowa City adopted zoning in 1927, and would classify the building as residential, but there were no specific requirements for parking, or occupancy at that time. He said in 2000 the property was rezoned from RNC-20 to RNC-12. He said the property was nonconforming with both the RNC-20 and RNC-12 zone in terms of density and parking. Iowa City Board of Adjustment Minutes September 14, 2005 Page 5 Maurer asked what is the history in terms of number of occupants in the building. He asked if there were ever 30 occupants. Miklo said that they do not if the number ever was up to 30 roomers, or if it exceeded it. Miklo said that the building contains at the ground level two-bedroom apartment, and on the upper floors 13 individual rooming units. Alexander asked if fraternities or sororities are in a different category within the zoning code. Miklo answered that it is true, and it is different than a rooming house. Maurer asked what was the classification of Leighton House. Miklo said that it was a rooming house for zoning purposes. PUBLIC HEARING OPENED Sarah Swartzendruber, 1 South Gilbert street, presented herself as the Leighton House attorney. She said the applicants were not able to attend the meeting. She said that they require a variance to increase the density from 13 roomers to 30 roomers. She noted that the reason of the application is due to a technicality. She said that the property is currently operated in accordance with what is requested. Swartzendruber said that in 1997 when the variance was granted, it was granted with three conditions, that there will be limited to female roomers, limited to the current owner Leighton House LC, and that it will operate in accordance to the business plan. She said that they are asking that a new variance is granted without the condition of having just female roomers, and without the limitation that Leighton House LC has to be the owner of the property. She said that the legality of both conditions is debatable, and she would be concerned about the City's decision to limit the occupancy to one gender over another, and also limiting the conditions of the property to a specific ownership. Se noted that variances usually run with the land and are not specific to an individual owner, being based on the use of the property not the ownership of the property. She said that she does not believe that the City or the Board are qualified to determine who is qualified to operate a particular property. Swartz. endruber said that both owners will be required to operate the property in accordance with the business plan. She said that if they do not operate the property under those conditions the Board has the authority to revoke the variance. She added that it will not be appropriate to limit it to one particular owner over the other. She said that it is very seldom that the Board is able to see how the decisions are going to affect the use and operation of the property. She said that in this particular case the property will be operated in the same way it has been operated for the past 8 years. She said that there has not been any evidence that parking had been a problem, or that this had a negative effect on the neighborhood, or that is detrimental at all. Swartzendruber said that the Board has the information going forward in determining whether this would be an appropriate use for the property. She added that a Board already looked at the requirements and determine that they are met, there is unnecessary hardship, it will not be detrimental to the neighborhood, and is in accordance to the Comprehensive Plan. She said that denying the variance due to a change in ownership is not appropriate. She added that the denial of variance based on a new owner when everything else remains the same could be considered an arbitrary and capricious decision. She added that one issue raised in the City staff report is the character of the neighborhood. She noted that it is not a primary single-family neighborhood. She said that they are not requesting a high density in a middle of predominantly single-family units. She said that they are requesting the property to continue to be used the way it was used for the past 8 years. She noted that the property will continue to be used under the terms requested. Maurer asked how many residents are currently in the house. Phipps, 4226 Westridge Court, said that there are currently 8, and there has been between 15 and 23 in the past. Maurer asked if the property has been operated according to the variance granted in 1997. Phipps said that it was operated according to the variance. Wright asked if they ever had 30 roomers. Phipps said they never had 30 people. Iowa City Board of Adjustment Minutes September 14, 2005 Page 6 Maurer asked if the residents are all females. Phipps said that it hasn't been all females for the last three years. He added that they operated with males in the past two years. Maurer asked if they operate primarily as a rooming house. Phipps said that it is student housing mostly for undergraduates. Wright asked if the property had been operated outside the requirements of the variance. Phipps said that they operated with males instead of females. Alexander asked if it was single gender housing. Phipps said that they had single gender roomers. Maurer asked who decides that the variance is not transmissible to any successor. Holecek said that was decided by the Board of Adjustment in 1997, and the Board wanted to make the decision applicable based on the specific business plan, and based on the qualifications of the applicant. Holecek said the City acknowledges that the operator should not be restricted to leasing rooms based on gender. Wright asked if based on the Iow occupancy existing in the past, was the return of the investment for those years adequate to pay for the expenses. Phipps said that the building needs 30 occupants. james Enloe, 1106 East College Street, said that he would like to address two issues. He said that the owners are not currently operating in compliance with the business plan, in terms of parking requirements. He said that he lived in the neighborhood since before the variance was granted and had seen the parking density increase, and quality of life degrade as a consequence of that. He said that he is not in favor of granting the variance to new owners, which will negatively impact on property values. He noted that they live in a historic district, and are already regulated by conditions of what can and can not be done to the houses. He said that he is particularly concerned about the increase density in traffic, and congestion and parking that will impinge upon the quality of life and safety of the children. Maurer asked f the detrimental effect had taken place during the past eight years. Enloe said that he lived there before the current variance was granted and noticed an increase in density of parking since the variance was granted. Me,q Baron, 115 South Summit Street, said that they live directly north of the property in question. She said that traffic in the neighborhood is outrageous. She added that finding a place to park on the street is almost impossible. Baron said that she does not believe that the Leighton House had any off-street parking. She noted that the neighborhood is very congested. She said that if the variance is allowed, maybe she should turn her house into a big rooming house and get the same benefits. She said she is very much against the application, and would hope the Board will vote against it. Holly Hotchkiss, 232 Summit Street, said that she had been in the neighborhood for 14 years and the parking has always been a challenge. She noted that more cars will negatively affect the quality of life, and is opposed to it. Shelly McCafferty, 228 South Summit Street, said that she did some quick calculations and determine that within one block area of the property in question there are currently 53 units that have no or very little parking space. She noted that there is a shortage of about 50 parking spaces. She said that she owns one apartment that does not have parking, and the addition of potential 17 units would create a shortage of 66 parking spaces within a 1 block area. She said that she is concerned about the value of her property. If there was a provision showing that there will be no parking associated with the use proposed, and would be enforced than she would be ok with the variance. B. Wilson, 1110 East College Street, said that she lived near downtown Iowa City for over 25 years. She noted that she is not against students, or renters, but she is against density. She said that the current 13 roomers is reasonable, and gives each person a room. She said that she sees no reason for a variance. She said that the previous p~an included management and educational components which are not being continued. Kyle Kwaise, 935 East College Street, said that he is a former Board member of River City Housing Collective. He said that they were able to operate three houses with one person per room and are financially stable. He noted that there are about 10 people in his house with 3 cars and 2 parking spots. Iowa City Board of Adjustment Minutes September 14, 2005 Page 7 He said that the number of cars could fluctuate from year to year regardless of whether or not Leighton House puts more than one person per room. He said that his roommates, especially those that own the cars are opposed to the idea of competing more for parking spots. Laura Parker, 200 South Summit, said that she is the current president of River City Housing Collective. She said that it is not in their best interest for the variance to be granted mainly for the parking issue. She stated that having parking available for their members is very important to be able to sustain the membership. She added that all their houses are run with one person per room, which worked fine for the financial situation. Helen Burford, 528 East College Street, said she is representing herself and her in-laws. She added that her in-laws have lived in the neighborhood for over 36 years. She said that there are considerable efforts by the City to downzone the area and to revive the residential nature of the area. Burford said that recently there have been some major restorations in the area. These are investments of the people in the community to make it a residential area. She said that College Street has always had rooming houses, but it has been a mixed neighborhood, and by increasing the density of the area is contrary to the plans of the City. She said that there are big parking problems, there are issues with visibility on corners because people park closer to the corners, and accidents due to these issues. Jim Easton, 1039 East College Street, said that they are in the process of moving into their house. He added that the appeal of the neighborhood for them was that it is a very pleasant historic residential neighborhood close to downtown. He noted that they once had a yard with 6 different types of grass in it, and he had a hard time keeping them separated because different people had grown different types of lawns at different types. He said that it was impossible to do that. He said that they are in the next zoning area from the Leighton House, but the carryover is high, both in terms of parking, or character and value of properties. Esther Baker, 1022 East College Street, said that she is concerned about density and the changing character of the neighborhood. She noted that it is not an anti student issue, but she is concerned about the slippery slope effect of this. She added that if a variance is allowed here who can stop other people from requesting the same consideration. She said that the business plan is old, and there is evidence that it will be detrimental. She said there are people talking about the parking, and there had been times with so much competition for parking, and people try to squeeze their cars in very small places, and her driveway was blocked several times by a car trying desperately to fit in. She added that even is spaces are rented else where, out of convenience people are going to stay in the neighborhood and try to find a spot there. Janet Rasbadonski, 925 East Washington Street, said that they are new to the community. She said that while they have parking spaces for themselves, when they have relatives visiting it is really difficult for them to find parking. She said that another concern is about property values, noise, parking issues, and quality of life. She noted that currently the neighborhood offers a great quality of life and would not want to see that degraded. Michael Maharry, 903 East College Street, said that he is opposed to the variance, and concerned about the parking issue and the detrimental effect on the neighborhood. He noted that the owners of the Leighton House are currently in violation of the existing variance, and would ask city staff to investigate the issue. Hillary Sale, 1016 East College Street, said that she opposes the request for variance. She noted that there were a lot of testimonies from people in the neighborhood about the impact on parking, density, and other concerns. She said that the neighborhood is very congested, and it has been more congested since 1997 when the Leighton House went in. She said that she attended that hearing, and there were all kinds of promises made by the Leighton House, which have not been kept. She said that she would also echo the call for city staff to investigate the current variance. She noted that the business plan said that the management of the Leighton House would be in residence, and the managing partners have not been in the house for years. She said that it has been at a point a fraternity. She said that they cannot legally be a fraternity. She said that the activity of the fraternity had been disruptive of the neighborhood. She said that there has been no evidence of transportation being provided to the residents of Leighton House She said that at a point they had a fraternity against the provisions of the business plan. She said that it is not a technicality; they did not present a business plan. Iowa City Board of Adjustment Minutes September 14, 2005 Page 8 Ryan O'Leary, 1924 Muscatine Avenue, said that there were a lot of things idealized in the 1997 business plan for Leighton House, and one of those was a resident manager being present. He noted that Diane Phipps left the property after finding out she had cancer. He said that as a real estate agent that represents the buyer and the seller of the property, as a life time resident in Iowa City he has all kinds of thoughts about it. He noted that he is in support of the buyer being able to operate the house as the previous owners could. He said that for the benefit of the buyer they ask to manage the property in accordance to the business plan. They know that the economic hardship has been proven, and by changing the use of the property would mean confiscating the real value of the property and eliminating the ability for reasonable return. He said that no resident had requested parking spaces. He said that the property is marketed for students who do not have furniture who can come and have a furnished room, with food, and a place to learn. Phipps said that they always had a resident manager. They also had a van parked in the driveway. He noted that there has not been police calls regarding any parties, and people that lived there said that it is a quiet house Swartzendruber said that the property had been operated in these terms for eight years, and still people moved in the neighborhood, and no diminishing in properties exists. She added that one neighbor said that the quality of the neighborhood is currently good, and she said that they request that the neighborhood stays the same as it currently is, but with a different owner. She said that the multitude of parking issues can not be blamed on Leighton House. She said that there are relatively high density buildings in the neighborhood that all contributed to the issue. She said that there was an argument about the slippery slope effect, but it is not relevant because the house has unique characteristics. She added that the owners had made efforts to create a beautiful structure, and to manage it in the best ways possible. John Morrison, 115 South Summit Street, said that the reason there is no parking problem currently is because the Leighton house has only 8 renters. He said that 13 makes it crowded and 30 makes it impossible. He said that they put a lot of money in the house, but they did not stick to the plan, did not work in keeping the tenants in. He said they do not currently have enough people in to make a problem of the parking. Swartzendruber said that there were members of a fraternity renting at some point, but there were also residents that were not members in the fraternity. O'Leary, said that one important concern is the usefulness of the property and people need to understand that if you put 30 people in the house is not the same nature of occupancy, or marketing. He said that the proof of the hardship is in the spreadsheet. He said that the rooming units are generally rented to lower income students, to students with special needs on a limited budget. Burford said that it appears that there is no continuance of the previous variance and the property is currently nonconforming and the City had down zoned the area, having 13 occupants is already higher than other buildings in the area. She said that the buyer is not buying the business plan. She noted that the community should have some input in what is done. Ranbadonski said that the property recently purchased by her family has to be maintained as an owner occupied property. She said that Leighton House made investments in their property knowing that the variance could not be continued with the property. The fact that they could not get at least 13 residents should not be held upon the rest of community. They made the decision knowing that the variance will not be transferred to the new owner. Hotchkiss said that the housing market has changed. She said that there are more comfortable student housing units near downtown area, and a definite trend for single bedroom apartments. She noted that it is less likely that the Leighton house will fill up with responsible tenants at double occupancy with fewer restrictions. She said that if they make poor business decisions the City and the neighborhood are not obliged to pay for the mistakes. Iowa City Board of Adjustment Minutes September 14, 2005 Page 9 Parker said that River City Housing Collective houses are able to run with 10 to 16 occupants, with average rent of $250, and total bills being paid for an average $400. She noted that worked fine for them, and were even able to purchase a new house. Anonymous said that they are trying to increase the number of people, when they did not honor the old variance PUBLIC HEARING CLOSED MOTION: Leigh moved that VAR05-0000'I Discussion of an application submitted by Kerning Zeng and Jie Zhou for a variance to permit up to 30 roomers for property located in the Neighborhood Conservation Residential (RNC-12) zone at 932 East College Street be approved. Alexander seconded the motion. Wright will vote against the application. He said that it has to meet the standards for a variance of not being contrary to the public interest, and proving a unnecessary hardship. He noted that it has to meet both standards and the application does not. He said that the first standard states that the proposed variance is not contrary to the public interest; it will not threaten neighborhood integrity, nor is going to have an adverse effect on the use of other properties in the area. He said that continuing the variance will continue degradation of properties in the area and will prove detrimental to values of the properties. He said that parking is a serious issue. He said that the variance is not in compliance with the intent of the Zoning Code. He said that the second criterion is that the neighborhood was down zoned to protect the residential character, and existing properties. He said that it would be appropriate for the property to be rented at a level of 13, but inappropriate at the level of 30. Wright said that the proposed variance will not be in harmony with the general purpose and intent of the Zoning Chapter and will contravene the objectives of the Comprehensive Plan. Wright said that there was no proof showing that not extending the variance will cause unnecessary hardship. There was no financial information. He said that the owner situation is not particular unique. He said that there was no information showing that the standards cause hardship to the owners. They made the improvements knowing that the subsequent owners will be limited to 13 roomers. Leigh will vote against the application. She said that the previous Board limited the variance to just Leighton House, and made it not applicable to any successors because it was granted under so many special considerations. She said that the other rooming houses and buildings that are operating at half of the proposal occupancy, and allowing the Leighton house to operate at full capacity would give them a special consideration. Alexander will vote against the application. She said that they are asked to apply very specific sets of criteria to a very specific question. Given that, she said, the variance was specifically non-transferable. She said that they are asked to look at a new variance, and given that the applicant has to meet all the criteria. She said that the down zoning that occurred is a significant aspect, and the situation is not peculiar to this property. Maurer said he would like to allow the property to continue as before but that the applicant had not made a case to do so. He asked if there is any change in the variance if the property is not sold. Holecek said that the owners who received the variance in 1997 can continue to use it according to the variance. She said that a new buyer could buy the LC. Maurer said that it is the structure of the corporation that makes it an LC. He said that the variance does not go with the property but it goes with the LC. Maurer said that the property will continue the way it has been, and the situation with parking will not change. He said that parking will not change if the property will not be sold. He said that there is not enough that says to go in favor of the variance, even though there are points that would persuade in that direction. He said the application did not demonstrate that the test for a variance had been met. Motion failed 0:4. OTHER NONE BOARD OF ADJUSTMENT INFORMATION Iowa City Board of Adjustment Minutes September 14, 2005 Page 10 NONE ADJOURNMENT MOTION: Alexander moved to adjourn. Leigh seconded the motion. The meeting adjourned at 7 PM. s : lpcdlm inuteslBO N2005109-14-O5. doc Board of Adjustment Attendance Record 2005 Term Name Expires 01/12 02/09 03/09 04/13 05/11 06/08 07/13 08/10 09/14 10/12 11/09 12/14 Carol Alexander 01/01/08 X X X NM X X X X X Ned Wood 01/01/10 .... X X NM X X X O/E X Karen Leigh 01/01/07 X O/E X NM X X X X X Vincent Maurer 01/01/06 X O/E X NM X X X X X Michael Wright 01/01/09 X X X NM X X X X X Key: X = Present O = Absent O/E -- AbsenffExcused NM = No Meeting ..... Not a Member MINUTES FINAL PARKS AND RECREATION COMMISSION SEPTEMBER 14, 2005 MEMBERS PRESENT: Craig Gustaveson, Judith Klink, Margaret Loomer, Matt Pacha, Jerry Raaz, Phil Reisetter, John Westefeld MEMBERS ABSENT: Ryan O'Leary STAFF PRESENT: Terry Trueblood GUESTS PRESENT: Regenia Bailey FORMAL ACTION TAKEN Commission discussed and requested that the minutes be changed on page 3, paragraph 1 as follows: Klink stated that the plan at the Peninsula actually incorporates two proposed bridges in the park. Harper stated his group would be concerned only with the proposed bridge connecting to Rocky Shore Drive and they would design with that in mind. Moved by Pacha~ seconded by Raaz to approve the August 25~ 2005 minutes as amended. Unanimous. Moved by Walz seconded by Klink~ that in the proposed policy/guidelines for park memorials that paragraph 4 be amended as follows: Items not considered to be typica. park amenities~ (typical amenities include those mentioned in paragraph 3) shall be referred to the Parks and Recreation Commission with a staff recommendation and that staff will notify any interested or affected group~ neighborhood or association for their public input. Unanimous Moved by Reisetter~ seconded by Westefeld~ to accept fees in lieu of land for the Cardinal Ridge Subdivision. 7-1~ Raaz voting no. DISCUSS PROPOSED POLICY/GUIDELIENS FOR PARK MEMORIALS: Trueblood discussed the draft of the proposed policy/guidelines for park memorials with the Commission. Trueblood sent this draft to the City Attorney who is reviewing it. One of the changes she has suggested is to delete the word "controversy". She will make a suggestion for the wording and forward to Trueblood. City Attorney also suggested incorporating something about "nothing being accepted that is discriminatory in nature." She also suggests that there be a statement regarding the purpose/s of the memorial and that Parks and Recreation staff and Commission decide on the acceptable purposes. Gustaveson stated that he did not want the policy to be too restrictive and he feels this draft policy allows that flexiblity. Walz mentioned that something should be added to state that for those items that deviate from the norm, there be an attempt to involve the affected parties. Trueblood will have the revised policy on the October agenda for approval. Parks and Recreation Commission September 14, 2005 Page 2 of 3 Moved by Walz seconded by Klink, that in the proposed policy/guidelines for park memorials that paragraph 4 be amended as follows: Items not considered to be tgpica. park amenities, (typical amenities include those mentioned in paragraph 3) shall be referred to the Parks and Recreation Commission with a staff recommendation and tha£ staff will notify any interested or affected group, neighborhood or association for their' public input. Unanimous CARDINAL RIDGE SUBDIVISION OPEN SPACE ISSUE: This item was discussed at the June 2005 meeting. At that time the Commission voted "to investigate the possibility of approaching the Walnut Ridge Neighborhood to determine the feasibility of acquiring land and depending on that, consider accepting land from Cardinal Ridge and gain permission from the University to eventually construct a connector trail to the Clear Creek Trail. Trueblood and Planning staff did meet with the president of the Walnut Ridge Homeowners Association on June 17 who said that he would take it to their board. The board is not agreeable to this idea. Therefore, it is necessary for the Commission to vote on whether to accept land or fees from the Cardinal Ridge subdivision. It is staffs recommendation that we accept fees since this particular parcel is not anything that would be developed into a neighborhood park or a mini-natural park. Fees are likely to be about $40,000. He did mention that these fees would have to be expended within 5-10 years or be returned to the homeowners in this subdivision. He also mentioned, however, that we could accept the land with hopes that in the future Walnut Ridge would have a change of heart. Discussion ensued. Moved by Reisetter, seconded by Westefeld, to accept fees in lieu of land for the Cardinal Ridge Subdivision. 7-1, Raaz voting no. ANNUAL PARK TOUR Seven members departed for the annual tour of park and recreation facilities, along with Council member Regenia Bailey. Parks and Recreation Commission September 14, 2005 Page 3 of 3 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 2005 TERM NAME EXPIRES 1/12 2/16 3/9 4/13 5/11 6/8 7/13 8/25 9/14 10/12 11/19 12/14 Craig Gustaveson 1/1/07 NM X X X X X X X X Judith Klink 1/1/07 NM X X X X O/E X X X Margaret Loomer 1/1/08 NM X X X X X X X X Ryan O'Leary 1/1/06 NM X X O/E X O/E X O/E O/E Matt Pacha I/1/05 NM X X O/E X O/E X X X Jerry Raaz 1/1/08 ...... X X X X X X X Phil Reisetter 1 / 1/09 NM X X O/E X X X O/E X Sarah Walz 1/1/07 NM X X X X X O/E X X John Westefeld 1/1/06 NM X X X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting LQ = No meeting due to lack of quorum .... Not a Member APPROVE~ MINUTES PLANNING AND ZONING COMMISSION SEPTEMBER 15, 2005 EMMA J. HARVAT HALL MEMBERS PRESENT: Don Anciaux, 'Bob Brooks, Ann Freerks, Beth Koppes, Dean Shannon, Terry Smith MEMBERS ABSENT: Wally Plahutnik STAFF PRESENT: Mitch Behr, Bob Miklo A. Call to Order Brooks called the meeting to order at 7:30 p.m. B. Public Discussion of Any Item not on the Agenda No discussion. C. Subdivision Items SUB05-00018: Discussion of an application submitted by Southgate Development for a final plat of Cardinal Ridge Part One, a 50-lot, 35.42 acre residential subdivision on Kennedy Parkway. (45-day limitation period: October 13, 2005) Miklo reported that the plat is in order, and complies with approved preliminary plat and zoning. The Parks and Recreation Commission has chosen to seek fees rather than open space on Outlot C for creation of a trail network connecting to the Clear Creek Trail, due to unsuccessful negotiations with the Walnut Ridge representatives. That decision will need to be reflected in the legal papers. Staff recommends approval of the item subject to approval of legal papers and construction drawings, prior to Council consideration of the plat, Brooks opened the item for public input. No public input given. MOTION: Freerks moved to approve rezoning item SUB05-00018, subject to staff approval of legal papers and construction drawing prior to Council consideration, and Koppes seconded. No further discussion was raised. The motion carried with a vote of 6-0. (Plahutnik absent) SUB05-00022: Discussion of an application submitted by Southgate Development for a final plat of Cardinal Ridge Part Two, a 23-1ot, 29.56-acre residential subdivision and Part Three, a 19-1ot, 27.89- acre residential subdivision on Kennedy Parkway Extended. (45-day limitation period: October 13, 2005). Miklo reported that both of the pending preliminary plats comply with zoning requirements. He anticipates the plats will be approved at the upcoming Council meeting. Again, fees will' be taken in lieu of open space, as with the previous item. Staff recommends approval of the item. Brooks opened the item for public input. No public input given. MOTION: Smith moved to approve rezoning item SUB05-00022 subject to approval of construction drawings and legal papers prior to Council consideration and Anciaux seconded. No further discussion was raised. The motion carried with a vote of 6-0. (Plahutnik absent Planning and Zoning Commission Minutes September 15, 2005 Page 2 D. Vacation Item VAC05-00007: Discussion of an application submitted by the City of Iowa City to vacate Madison Street, south of Prentiss Street, and Des Moines Street. Brooks said that he would not participate in this item because he is employed by the University. He left the room. Miklo reported that the right of way is no longer required for public purposes, as the University now owns all adjacent properties. The University seeks to acquire the land for the purpose of redeveloping the area. There are some utilities in the right-of-way, both municipal and MidAmerican, which will need to be addressed with easements. If those utilities are moved or become unnecessary, those easements could be vacated. He pointed out that when the City vacated Harrison Street in 2002, an easement was retained over the former right of way to allow public access to the river. Koppes asked if any other streets go through to the river. Smith noted that the railroad is in between. Miklo said no, and that the right of way was vacated, but an easement was retained to allow public access to the river. Anciaux opened the item for public input. No public input given. MOTION: Smith moved to approve vacation item VAC05-00007, and Freerks seconded. Anciaux said he was glad to hear there is an easement in place for access to the river, and is pleased to give the land to the University. He hopes the University would reciprocate if the City or County has need of land in the future. Shannon said that he would like to see a trade with the University in the future. Anciaux said he would like to have the current access to the river opened as soon as possible, if it is not already available. The motion carried with a vote of 5-0 (Brooks recused). Brooks returned. E. Consideration of the September l, 2005 Meeting Minutes MOTION: Smith moved to approve the minutes as submitted, and Koppes seconded. The motion carried with a vote of 6-0. F. Other Items Brooks noted that a letter was given to the Council from Steve Atkins. Also, Brooks wrote an editorial for the Sunday Press Citizen, explaining the zoning code change process and encouraging continued public involvement. Smith asked who the author of the editorial is. Brooks said he is the author, as chair of the Commission, but not speaking for the Commission, since the Commission did not collaborate on it. Brooks said that the next Monday meeting would be a work session with Council, with the Commission scheduled for 30 minutes. That session would be spent primarily highlighting the important and new items in the code. September 26 and 27 will be additional work sessions, covering first the residential areas on Monday, and then the commercial and miscellaneous items on Tuesday. Brooks plans to have an agenda of items to cover to help expedite the process, and expects the Commission will be there to answer questions and give background on the decisions that were made during revisions. Miklo said the Council would have a matrix table with various proposed amendments that were considered during the process. The Commission members should be prepared to explain why a particular choice or decision was made, especially those that involved strong public interest and comment. Brooks requested that copies of the packets that will be given to the Council members also be distributed to the Commission members. Brooks said if the Council wished, the plan would be to focus on issues brought to attention by the public, either through public hearings or letters. Koppes asked whether that would include issues Planning and Zoning Commission Minutes September 15, 2005 Page 3 raised at the last minute, that perhaps were not made into amendments. Miklo said everything that was written that addressed a specific part of the code was included in the matrix. Koppes asked if all the points that the neighborhood associations were concerned about were addressed. Miklo said yes, because all requested specific amendments were submitted by various parties. Freerks said it is important to focus the Council on the complexity of the document overall, and that it would be difficult to change or remove bits and pieces while still retaining its overall integrity. Changes in one zone were sometimes made because it had compensation in another zone, and these considerations were important in her decision-making. Koppes asked if the code would come back to the Commission if the Council changes it. Smith said he understood that the Council would make the changes they feel are necessary and then carry the process forward. Behr said the Council could change the document and approve it without coming back to the Commission for discussion, if they set public hearing. Brooks asked if the Council would need to consult the Commission if significant changes were made. Behr said consultation prior to changing the document is required, but the question is whether the upcoming work sessions would constitute a consultation. Miklo said the Commission could request at the work session meetings to have input if the Council makes significant changes to the document. Freerks said the new code will have a major impact on the community in the future, and its full significance may not be clear to the Council since they have not spent as much time with the revisions. Koppes agreed. Miklo said the point of having the Commission meet with the Council is to bring them up to speed and share the Commission members' understandings of the code. Freerks asked if private discussions between members of the Council and Commission members should be brought to public attention. Miklo said if there were discussions of an agenda item before voting on an item, the bylaws say they should be brought to the attention of the Commission, but he did not believe that applies once a vote is taken. Brooks asked if Miklo had more to add about the process. Miklo said they would be very similar to public meetings. Zone changes in terms to the CB2 will be at a separate hearing. When covering controversial items, the Commission members will be the experts. It is an opportunity for the Commission to emphasize the key points and correct the misinformation. The goal is to let the Council know what is actually in the document, versus hearsay. Koppes asked if Karen Howard would be present at the meeting. Miklo said Karin Franklin will miss the first one, and Karen Howard will be at all of them. G. Adjournment MOTION: Smith moved to adjourn the meeting at 7:55 pm, and Anciaux seconded the motion. The motion carried with a vote of 6-0. s : lpcdlminuteslp& z/2005/O9-15-O5, doc Iowa City Planning & Zoning Commission Attendance Record 2005 FORMAL MEETING Term Name Expires 1/6 1/20 2/3 2/17 3/3 3/17 4/7 4/21 5/5 6/16 6/27 7/6 7/21 8/4 8/18 9/1 9/15 D. Anciaux 05/06 X X X X X O/E X X X X O/E X X O/E O/E X X B. Brooks 05/10 X X X X X X X X X O/E X O/E X X X X X A. Freerks 05/08 X X X X X X X X X X X X X X X X X E. Koppes 05/07 OFE X X X X X X X X X X X X X X X X W Plahutnik 05/10 ................................ X X X X O/E O/E X X O/E D. Shannon 05/08 X X X O/E O/E X X X O/E X O/E X X X X X X T. Smith 05/06 ................................. X X X X X X O/E X X INFORMAL MEETING Term Name Expires 1/3 2/14 2/28 3/14 4/4 4/18 5/2 6/13 7/18 8/1 8/15 8/29 9/12 D. Anciaux 05/06 CW X X O/E X X X X X O/E X X X B. Brooks 05/10 CW X X X X X X X X X X X X A. Freerks 05/08 CW X X X O/E X O/E X X X X O/E X E. Koppes 05/07 CW X X X O/E X X X X X X X X W Plahutnik 05/10 CW .................... O/E X O/E O~E X X X D. Shannon 05/08 CW O/E O/E X X X X X X X X O O T. Smith 05/06 ............................ X × X X X X I [ Key: X = Present 0 = Absent O/E = Absent/Excused N/M= No Meeting MINUTES APPRO~ HISTORIC PRESERVATION COMMISSION THURSDAY, SEPTEMBER 22, 2005 LOBBY CONFERENCE ROOM, CITY HALL Members Present: Michael Brennan, Richard Carlson, James Enloe, Michael Gunn, Michael Maharry, Jim Ponto and Tim Weitzel. Members Absent: Mark McCallum, Justin Pardekooper, Jan Weissmiller Staff Present: Sunil Terdalkar Public Present: Scott Kading, Thane Kading, Shelley McCafferty, Kevin Burford, Helen Buford CALL MEETING TO ORDER Chairperson Weitzel called the meeting to order at 7:00pm. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA NONE ITEMS FOR CONSIDERATION Certificate of Appropriateness 730 North Linn Street Terdalkar said that the applicant is proposing to replace approximately 20 existing windows with aluminum clad wood windows. He said the applicant also plans to repair/replace the soffit and fascia boards and replace the external gutters. Thane Kading said that they have big issues with their windows. She said that only 3 of approximately 20 windows can be opened. In addition she said they are not energy efficient. She noted that they plan on changing the windows in two steps, half during the current year, and half next year due to financial constrains. Weitzel said that if they replace like to like they will not need a permit. Maharry said that he would like to see that all actions have been taken to repair the windows before replacing them. Kading said that using new windows will be cheaper, more energy efficient and will also look better. She said they had a couple of agencies coming in and saying that it would be better for the windows to be replaced. Enloe said that there should be a discussion about the issue of wooden frame. Weitzel said that the frame has to be paintable. Kading said that they would also like to repair/replace the soffit and fascia boards and replace the external gutters which are too small. Weitzel said that they would not need approval for them regarding this repair either. MOTION: Enloe moved to approve the certificate of appropriateness for the project at 730 North Linn Street with the recommendation of using paintable frames. Ponto seconded the motion. Motion passed 7:0. 415 Clark Street McCafferty said that this is a revised application. She noted that a "bump out" on the eastside of the proposed addition has been omitted. She added that instead of two double-hung windows on the north facade the new proposal includes one small circular light and the east wall of the addition, behind the garage will have a bathroom window. Historic Preservation Commission Minutes September 22, 2005 Page 2 Weitzel noted that the proposed round window will be asymmetrical. He proposed a casement. McCafferty said that she could not commit to a casement since the applicants are not present. MOTION: Ponto moved to approve a certificate of appropriateness for 415 Clark Street as submitted. Enloe seconded the motion. The motion passed 7:0. 528 East College Street Terdalkar said that the revised proposal is to construct a concrete deck for the porch instead of a wood deck. He said the applicants are proposing to use a concrete deck due to the Iow floor level. He said the guidelines allow exceptions for using a concrete deck on the porches with a floor level less than 18 inches above grade on noncontributing properties. McCafferty said that the owners decided to build earlier than originally anticipated. She said that they are proposing concrete because it will be most technically sound to protect the house. She said that the wood porch was sitting on the ground, and the grading was going towards the house. She said that the difficulty in doing a wood porch would be the differential between the finish floor of the deck and the grade level needed to direct the drainage away from the house. She presented a detailed drawing showing the proposed concrete deck. She said they could paint the edge of the concrete to look more like wood. She presented pictures with houses that have concrete decks. She said that as seen in the pictures the Iow concrete deck does not have a significant influence on the fa(;ade of the house. Weitzel noted that because concrete decks are not allowed based on the guidelines, this situation if approved would be an exception, and the commission would need to articulate the reasons for the exception. Enloe asked the applicants to explain how a wooden porch will affect the drainage. McCafferty said that in order to get the grade enough for water to drain away from the house, the structure of the house will end- up about 3 inches below the grade. She noted that it is important to not have water getting to the foundation. She noted that they will do a complete foundation wall that will be much more stable in terms of movement, and will put rigid isolation to further protect the foundation. Ponto said that would be helpful in protecting the original house itself. Ponto said that a porch is traditionally above the ground, but the proposed change is partially in the ground, so will look more like a patio. Gunn said that if the application is approved the less it will look like concrete the more it will look historic. He proposed painting it grey. Weitzel said that grading close to the foundation could also be detrimental to the foundation. MOTION: Enloe moved to approve the revised proposal as submitted, considering the problem associated with the drainage and inability to correct the problem because of existing driveway and property line which constitute the justification for allowing the special exception and the flexibility in this particular case. Ponto seconded the motion. AMENDMENT TO THE MOTION: Gunn moved to include the color grey to be used for the concrete. Enloe accepted the amendment. Ponto seconded. The motion passed 7:0. Consideration of Au.qust 15, 2005 minutes Historic Preservation Commission Minutes September 22, 2005 Page 3 Carlson said there is a mistake on the first page in the bottom paragraph, second sentence should be changed to say according to the contractor the windows were rotten. On the second page, second paragraph from bottom, there is a repetition of the words "two large", which should be changed to "large one over one". On page 3, paragraph 1, last line it says which is the only part of the building, should say which is the part of the building. On same page, third paragraph, and last paragraph should be reviewed. On page 4, first line instead of state should be stage. On page 6, middle of page the paragraph beginning Carlson said that when importance is considered, on the last line of the sentence instead of for the house sits it should be all surviving buildings associated with it. He said that in the motion when Carlson voted no it should be Carlson voted yes given the motion. On page 7, he noted in the middle of page the word "created" should be taken out from "...protect the wells created graded". On page 8 the last two motions carried on a vote of 7:0 when there were 8 members present. MOTION: Maharry moved to approve the minutes as amended. Carlson seconded the motion. Motion passed 7:0. Consideration of August 25, 2005 minutes Carlson said on the bottom of page 4 before the motion he explained why he voted 'no', but it was not included in the minutes. MOTION: Carlson moved to approve the minutes as amended. Enloe seconded the motion. Motion passed 7:0. Consideration of September 8, 2005 minutes Carlson said on page 3, 4th paragraph, instead of 'not be significantly higher' it should be 'significantly higher'. MOTION: Carlson moved to approve the minutes as amended. Enloe seconded the motion. Motion passed 7:0. OTHER Discussion of application process Weitzel said that he would recommend the creation of a subcommittee to work on the process. Terdalkar presented a draft for a cover page that describes all the necessary documents and information for the application. Maharry said he would like to see a more schematic organization, like a workflow chart of the application review process. He asked what would happen if an application does not meet the guidelines. He said that it represents a waste of time to have people coming in just to hear that they do not meet the guidelines, and if that could be avoided the Commission should try to avoid it. Enloe said that an application, even if incomplete, should be discussed, and that it is our responsibility to hear applications. Carlson said that if there is one application not meeting the guidelines the commission spends all its mental energy on the project, and pass through the subsequent ones too quickly. Gunn said that the committee could give guidelines, directions. The subcommittee could list 6 or 7 changes that would make the project acceptable. Weitzel said that they have to do that anyway if they decide to disapprove something. McCafferty said that additions are harder to approve. Enloe said they should have a magazine of ready solutions. Gunn proposed that the committee come up with a book of photographs of things that are appropriate. Enloe added that they could include details of things that were approved. Maharry said that they will be like a design police. Enloe said they will not say that only elements presented in pictures will be approved, but those will be recommended designs. Weitzel said they should also include drawings. Historic Preservation Commission Minutes September 22, 2005 Page 4 McCafferty said they could apply for a grant to create the photo book. She noted that October 15 is a deadline for such a grant from Johnson County. Weitzel and Maharry volunteered to write the grant. Adiournment The meeting adjourned at 8:35 PM. Minutes submitted by Bogdana Rus. s:lpcdlminuteslHPCI2005HPCMinuteslhpcO9-22-O5.doc Historic Preservation Commission Attendance Record 2005 Term Name Expires 1/8 1/13 2/10 2/15 3/10 4/14 4/28 5/12 5/26 6/2 6/9 6/30 7/14 8/15 8/25 9/8 9/22 M. Brennan 3/29/08 .................... X X X X X X O O/E X X X X R. Carlson 3/29/07 ........ X X X X X X O/E X X OE X X X X X J. Enloe 3/29/06 X X X O O X X O O O O/E O/E O/E O/E O/E X X M. Gunn 3/29/07 O/E X O/E O/E X X X X X X O/E X X X X X X M. Uaharry 3/29/08 X X X X X X X .................... X X X X X m. mcCallum 3/29/06 X X X X X X O X X X X X X X X X O/E J. Pardekooper 3/29/07 O/E X X O O O/E O O O O O X X O O O O J. Ponto 3/29/07 X X X X X X X X O/E O/E X X X X X X X A. Smothers 3/29/05 O/E O/E X X X ................................................ J. Weissmiller 3/29/06 O/E O/E O/E O/E O/E O/E O/E O/E O/E X X X O/E X O/E O/E O t. Weitzel 3/29/08 O/E O/E X X X O/E X X X X X X X X X X X Key: X = Present O = Absent O/E = Absent/Excused NM = No Meeting ..... Not a Member MINUTES APPROVI~ PLANNING AND ZONING COMMISSION OCTOBER 6, 2005 EMMA J. HARVAT HALL MEMBERS PRESENT: Don Anciaux, Bob Brooks, Ann Freerks, Beth Koppes, Dean Shannon, Terry Smith, Wally Plahutnik MEMBERS ABSENT: NONE STAFF PRESENT: Mitch Behr, Robert Miklo A. Call to Order Brooks called the meeting to order at 7:37. B. Public Discussion of Any Item Not on the Agenda NONE C. Subdivision Items SUB05-00006 Discussion of an application submitted by Arlington Development for a final plat of Windsor Ridge Part 21 Subdivision, a two-lot, 10.66-acre residential subdivision located at East Court Street and Taft Avenue. Miklo said the preliminary plat of this plan was approved last year and the applicant is applying for a final plat. Miklo said the final plat is in order, and meets all specifications of the preliminary plat and Zoning and Subdivision regulations. He noted that the City Attorney and Public Works office are reviewing the legal papers and construction drawings and provided those are in order before the council reviews it then the application is set for approval. Public discussion opened NONE Public discussion closed MOTION: Anciaux moved that SUB05-00006 an application submitted by Arlington Development for a final plat of Windsor Ridge Part 21 Subdivision, a two-lot, 10.66-acre residential subdivision located at East Court Street and Taft Avenue be approved subject to the legal papers and construction drawings being approved by the City Attorney and Public Works office. Koppes seconded the motion. Motion carried with a vote of 7-0. SUB05-00024 Discussion of an application submitted by Third Street Partners for a final plat of Village Green Part XXIII, a 38-1ot, 19.32-acre residential subdivision on Wintergreen Drive. Miklo said the preliminary plat and OPDH plan were approved earlier in the year. Miklo said the final plat is in order, and meets all specifications of the preliminary plat and the Zoning and Subdivision regulations. Staff recommends approval subject to approval of legal papers and construction drawings prior to council consideration. Freerks asked if there are any issues with maintenance and landscaping. Miklo said that it is addressed in the legal papers. The landscaping on the outlots must be put in prior to issuance of a certificate of occupancy and there will be a homeowner association to provide long-term maintenance. Public discussion opened Planning and Zoning Commission Minutes October 6, 2005 Page 2 NONE Public discussion closed MOTION: Smith moved that SUB05-00024 an application submitted ~by Third Street Partners for a final plat of Village Green Part XXlII, a 38-1ot, 19.32-acre residential subdivision on Wintergreen Drive be approved subject to approval of legal papers and construction drawings prior to council consideration. Freerks seconded the motion. Motion carried with a vote of 7-0. SUB05-00025 Discussion of an application submitted by Third Street Partners for a final plat of Village Green Part XXIV, a 38-1ot, 6.36- acre residential subdivision on Sterling Drive. Miklo said the preliminary plat of this plan was approved earlier in the year. Miklo said the final plat is in order, and meets all specifications of the preliminary plat and the Zoning and Subdivision regulations. Staff recommends approval subject to approval of legal papers and construction drawings prior to council consideration. Brooks asked if they are going to develop it all as one development. Uiklo said they will build the eastern part first, and then the western part. Smith asked what is the typical width of the smaller lots. Miklo said that they are 27-30 feet. Public discussion opened NONE Public discussion closed MOTION: Plahutnik moved that SUB05-00025 an application submitted by Third Street Partners for a final plat of Village Green Part XXlV, a 38-1ot, 6.36- acre residential subdivision on Sterling Drive be approved subject to approval of legal papers and construction drawings prior to council consideration. Koppes seconded the motion. Motion carried with a vote of 7-0. D. Consideration of the September 15, 2005 Meeting Minutes MOTION: Smith moved to approve the minutes as submitted. Koppes seconded the motion. Motion carried with a vote of 7-0. E. Other Item Miklo said that the Council has scheduled a work session in October 17 to talk about the code. He noted they will meet at 5PM and will provide supper. F. Adjournment The meeting adjourned at 7:47PM. s:lpcdlminuteslp&zJ2005110-06-05.doc Iowa City Planning & Zoning Commission Attendance Record 2005 FORMAL MEETING Term Name Expires 1/6 1/20 2/3 2/1'7 3/3 3/17 4/7 4/21 S/fi 6/16 6/2? 7/6 7/21 8/4 8/18 9/1 9/15 10/6 D. Anciaux 05/06 X X X X X O/E X X X X O/E X X O/E O/E X X X B. Brooks 05/10 X X X X X X X X X O/E X O/E X X X X X X A. Frecrks 05/08 X X X X X X X X X X X X X X X X X X E. Koppes 05/07 O/E X X X X X X X X X X X X X X X X X W Plahutnik 05/10 ................................ X X X X O/E O/E X X O/E X D. Shannon 05/08 X X X O/E O/E X X X O/E X O/E X X X X X X X T. Smith 05/06 ................................. X X X X X X O/E X X X INFORMAL MEETING Term Name Expires 1/3 2/14 2/28 3/14 4/4 4/18 5/2 6/13 7/18 8/1 8/15 8/29 9/12 D. Anciaux 05/06 CW X X O/E X X X X X O/E X X X B. Brooks 05/10 CW X X X X X X X X X X X X A. Freerks 05/08 CW X X X O/E X O/E X X X X O/E X E. Koppes 05/07 CW X X X O/E X X X X X X X X W Plahutnik 05/10 CW .................... O/E X O/E O/E X X X D. Shannon 05/08 CW O/E O/E X X X X X X X X O O T. Smith 05/06 ............................ X X X X X X I I Key: X = Present O = Absent O/E = Absent/Excused N/M= No Meeting FINAL/APPROVED MINUTES ~ HOUSING AND COMMUNITY DEVELOPMENT COMMISSION CITY HALL, LOBBY CONFERENCE ROOM THURSDAY, SEPTEMBER 15, 2005 Members Present, Jerry Anthony, William Greazel, Matthew Hayek, Kelly Mellecker, Thomas Niblock, Brian Richman, Michael Shaw Members Absent: Lori Bears, Rita Marcus Staff Present: Tracy Hightshoe, Steve Long Public Present: Charlie Eastham CALL MEETING TO ORDER Chairperson Hayek called the meeting to order at 6:30PM. APPROVAL OF THE MINUTES FROM JUNE 30, 2005 Shaw said that on page 2, under the ICCSD Wood Resource Center discussion, he meant to say that "he heard" that ICCSD plans on getting geothermal in all buildings. Motion: Greazel moved to approve the minutes with the change. Anthony seconded the motion. Motion passed 7:0. NOMINATION AND ELECTION OF OFFICERS Motion: Greazel moved to nominate Anthony as the chairperson and Richman as vice chairperson. Shaw seconded the motion. Motion passed 7:0. PUBLIC COMMENTS OF ITEM NOT ON THE AGENDA Hightshoe passed out a memo submitted by the City Manager to the Council regarding Hurricane Katrina relief efforts locally. Many of the evacuees arriving to the area have relatives and/or friends in the area who are assisting with their immediate needs. Hightshoe stated the evacuees are receiving local services and encouraging each family to register with FEMA for future services provided and financed through FEMA. Long said that currently there are around 60 Katrina evacuees from New Orleans in Iowa City. He said that the Greater Iowa City Fellowship has two units occupied by evacuee families. He noted that the community has been very responsive by providing help with furniture and other needed items. He said that the City chose to keep a lower profile and not advertise the people coming to town to maintain their privacy as they get back on their feet. Hayek asked if the City is expecting more people to come. Hightshoe said that many of the families here came due to some local connections and it will be hard to predict if more will come. Anthony asked what happens with the school age kids who had to evacuate. Long said that the children are immediately registered in school. Long added 32 students transferred to the University of Iowa. He noted that there were also patients transferred to the University Hospital. NEW BUSINESS Public hearing and approval of the FY05 Consolidated Annual Performance and Evaluation Report (CAPER) Hightshoe proposed to go through some of the questions addressed by the members of the commission. The first question received was about the Iowa Civil Rights Commission (ICRC) and their jurisdiction concerning public assistance complaints. (Section 1. c. Complaint Information) Hightshoe stated that the Housing and Community Development Commission Minutes September 15, 2005 Page 2 ICRC does not investigate public assistance complaints as Iowa Code does not recognize discrimination complaints based on public assistance. Iowa City's Code does recognize this form of discrimination, thus the cases are investigated locally. Until investigations are complete, no information will be available. Staff will add language that clarifies what entity investigates this type of complaint. Hayek asked to clarify the definition of public assistance complaints and if it related to HUD sponsored programs. Staff will clarify and add language for this type of complaint. Anthony asked what are the expectations/targets in providing affordable housing as referenced in the paragraph, Section 1. e. Affordable Housing? Hightshoe stated that the 2001-2006 CITY STEPS (p. 92, Chart IV.2) sets out the target number of units completed or households assisted in five broad affordable housing categories during the 5-year period. Determining the success of the City's actions for the last five years is a judgment call. To make it less subjective, the commission requested that staff report on the number of completed units (not underway units) annually and include a cumulative total to determine if the City met or will meet it's 5-year targets. Staff will add language to the CAPER regarding the number of units. Section 3. B. Match Contributions made during FY05. Question was asked regarding the annual HOME match and why does the City have excess HOME match? Hightshoe stated that match is equal to 25% of annual HOME expenditures less administration. As such, the amount of match required will change from year to year. Hightshoe stated HUD calculates the HOME match liability amount for the City annually via IDIS (HUD's Integrated Disbursement and Information System). At this point Iowa City has 'excess' match due to the one-time counting of property tax forgiveness on CDBG or HOME assisted housing properties (mostly GICHF and HACAP units). Anthony noted that there is only one public hearing and that is at the end of the comment period. The HCDC meeting is after the comment period. What is the reason for the timing of the public hearing? Hightshoe stated that the public hearing is set for the last day of the comment period so that any public comments may be given to HCDC and the public for their consideration prior to HCDC's action on the CAPER. Having the written questions and comments into the office before the public hearing allows staff to prepare the comments for distribution to all commission members and the public at the public hearing. The public is also able to make comments at the public hearing. Hightshoe said that on page 10 there was a question regarding geographic distribution of resources and if "heavy concentrations" of Iow-income households is defined somewhere. She said the definition is found in CITY STEPS. Hayek questioned who makes the call that no concentrations exist in Iowa City. Hightshoe noted that HUD requires the City to identify areas of "concentration" within the Consolidated Plan (CITY STEPS). Defining "concentration" is a local decision. In Iowa City concentrations are census tracts that contain Iow-to-moderate income households at least 10% greater than the general population. Hightshoe stated that based on the 2000 Census, there are tracts that meet this definition, but are located in the downtown area that contain numerous student rental units and not a concentration of Iow income families. Staff will add language that identifies the tract information. Hayek noted that Section 1. g. Other Actions states the City actively reviews the City's zoning and building codes to promote and eliminate barriers for affordable housing. It mentions that housing receiving public funds must use universal design features for accessibility for all (2002 Code addition). Hayek stated due to recent proposed code changes, some segments of the community, like the home-building sector, believe the proposed changes make affordable housing less affordable. He asked what is the City doing to encourage affordable housing in the proposed development code. Hightshoe stated that one of the four goals in rewriting the City's development code was to make housing more affordable. The proposed code reduces minimum lot frontage and size and allows increased density to make building more affordable. In some residential zones lot width is reduced to 30 or 40 feet instead of 60 ft. The current average lot width in Iowa City is approximately 85 ft. Hightshoe noted that whether a developer will take advantage of smaller lot size and increased density is a choice the developer makes. There have been concerns regarding some new aspects of the Code such as garage placement. Hightshoe noted that garage placement is important when lots become smaller and narrower to accommodate pedestrian safety and neighborhood livability. She noted that in several subdivisions there are private covenants and restrictions that may dictate a larger house or lot size, a required number Housing and Community Development Commission Minutes September 15, 2005 Page 3 of garages, or various other design elements. Affordable housing providers have difficulty meeting some of these provisions that are required by the developer, not due to City code. Hightshoe encouraged HCDC members to attend the Council's workshop on September 26 at 6:30 PM to learn more about the code and its impact on housing. Greazel said that there used to be a trend in land development that the most expensive land had the least restrictions, but it seems lately the most expensive lots are those that impose the highest restrictions on development. He noted that people want the security of knowing exactly what will be built on the lots in their neighborhood. He stated it is hard for affordable housing providers to get into various subdivisions as they basically don't want the types of housing they can build (size or features). He added the private restrictions are enforced not by the City, but the neighbors/developers themselves. Hayek asked if the photo in Section 3: Production of New Units were subsidized housing units. Hightshoe responded that the first two of the four houses in the photo are duplex units that are a part of the Peninsula Project. The two houses were built by the Greater Iowa City Housing Fellowship, with HOME funds, for affordable rental housing. The narrative surrounds the photo. Hayek asked if the 1,213 Section 8 vouchers included the project based housing complexes (Section 3. Rental Assistance) in Iowa City? He requested that staff confirm and note if the ICHA has any jurisdiction or local control over the project based housing complexes in Iowa City. Hightshoe stated that the ICHA administers 1,213 Section 8 vouchers in Johnson and parts of Iowa and Washington counties. The ICHA has no jurisdiction over the project based subsidized housing units in Iowa City. Staff will clarify the projects and add language to the CAPER. Eastham noted that on IDIS Report COPR03, page 25, there is no outcome data for the owner-occupied housing rehabilitation program. He also noted that on page 27 the project name is not correct as the activity is an economic development project completed by the Lear Corporation; it has no relation to the Greater Iowa City Housing Fellowship. Hightshoe stated that both items will be corrected on the CAPER. Eastham requested that HOME (housing) program income be reported by the source that it originated from. Hightshoe stated staff will add language that breaks down HOME program income received by the housing rehabilitation program and program income received through all other sources. Hightshoe stated that there was an error in the number of resolutions under Appendix 3 Human Rights Commission. The CAPER stated there were 30 total complaints, but 59 resolutions. The total number of resolutions was 39. 9 complaints from the prior year were resolved in addition to the 30 complaints filed this year. The report will be revised. MOTION: Greazel moved to approve the CAPER with the noted revisions. Hayek seconded the motion. Motion passed ?:0. Housing and Community Development Commission Minutes September 15, 2005 Page 4 Selection of projects to monitor in FY06 FY06 CDBG/HOME PROJECTS MONITOR Extend the Dream-property acquisition Hayek Economic Development Greazel Goodwill Industries- facility rehab Mellecker Emma Goldman-facility rehab Richman Old brick-rehab Anthony Free lunch-rehab Niblock DVIP- rehab Shaw Neighborhood centers-rehab P, ichman Hillel student center-accessibility Hayek Planned Parenthood-rehab Mellecker Free lunch/free medical-flooring Niblock Compeer-operations Shaw lC free medical clinic- operations Niblock Shelter house-operations Anthony Extend the dream-operations Hayek Shelter house emergency assistance Anthony Aid to agencies Bears Habitat for humanity-homeownership Greazel JC Perm Supp. Housing Marcus GICHF- Rental Marcus GICHF-Homeownership Marcus HACAP-transitional housing Shaw Extend the dream- rental Hayek ICHA-Tenant based rental Bears City of lC -down payment assistance Mellecker City of lC-housing rehab Mellecker CARRYOVER PROJECTS ICCSD-Wood family resource center Shaw UAY- rehab Bears Habitat for humanity-land acquisition Greazel GICHF/ICHA rental construction Marcus Emma Goldman-rehab Richman Shelter House-land acquisition Anthony Affordable housing-Whispering Garden Shaw Affordable home ownership- GICHF Marcus Timeline for the annual review of the Consolidated Plan Hightshoe stated it was time to review the Consolidated Plan as an annual review is a requirement under our Citizen Participation Plan. The Plan requires at least one public meeting annually to review the needs, strategies and priorities within CITY STEPS. After review HCDC can make a recommendation to Council, if necessary, to amend the plan if a new need is identified or the priority level must be modified to reflect current needs. She said last year staff held two meetings; one at the Broadway center and the other one at United Action for Youth. Members suggested the Iowa City Community School District (family resource site), public library, Iowa Workforce Development, Kirkwood Community College, or Old Capitol Mall to hold a meeting. HCDC agreed to schedule two meetings with a possibility of a third if attendance is high. HCDC decided that staff will come up with two sites and will email/mail commission members their time and location. Hightshoe encouraged members to come, but will need to know how many will attend each meeting. If 5 Housing and Community Development Commission Minutes September 15, 2005 Page 5 or more HCDC members are at one meeting than we will need a minute taker and must provide public notification as we would have a quorum. OLD BUSINESS Allocation process- subcommittee report Richman said that one of the most important duties of the commission is the allocation process, in which they allocate HOME and CDBG funds for housing, public facilities, and social services. He said that last year a few questions arose during the allocation process. He identified three problems that arose during the process; 1) there is a disconnect between the scoring system and the actual allocation of funds, 2) the applications tend to be very complicated, and 3) the process tends to have a short rather than a long term focus, that is the process is application driven instead of goal driven. He said that historically the commission relies on City STEPS to provide the goals for the community, but those goals are very broad. Richman noted that the subcommittee's objectives are to make the process easier, to include only the information needed to make a good decision in the applications, and establish a focused set of goals. Richman noted the subcommittee was working on revising the applications and simplifying where possible. He noted that they would like to have three applications: housing, public facilities, and public services. Economic development already has an application and could possibly be used for CDBG funding for those applications that get referred to this process. Richman said that they would like to eliminate the scoring system by converting the ranking sheet into a check list. He noted that rather than getting to a score, they would get to a simple yes or no answer to whether the project is eligible to go to the next round. He said that the subcommittee is reviewing establishing focused goals and priorities each year and presented to the public well in advance to the application deadline. Greazel said that before the next HCDC meeting the subcommittee will meet with housing providers who have historically participated in the application process and will seek input as to possible suggestions regarding the process. ADJOURNMENT MOTION: Hayek made a motion to adjourn. Richman seconded the motion. Motion Passed 7-0. The meeting adjourned at 8:15 PM. Minutes submitted by Bogdana Rus. s : lpcdlminuteslhcdc12005109-15-OS doc Housing & Community Development Commission Attendance Record 2005 Term Name Expires 01/20 02/17 03/10 03/17 04/21 05/19 06/30 09/15 00/00 00/00 00/00 00/00 Jerry Anthony 09/01/05 X X X X X X X X Erin Barnes 09/01/06 X X X X ................ Lori Bears 09/01/07 X X X X X X X O/E Mark Edwards 09/01/05 X O/E X O O X O .... William Greazel 09/01/06 O/E X O X X X X X Matthew Hayek 09/01/07 X X X X X O X X Rita Marcus 09/01/06 O/E X X X O O O/E O/E Brian Richman 09/01/07 X X X O/E X X O/E X Jayne Sandier 09/01/05 O/E X X X X X O/E .... Michael Shaw 09/01/06 .................... X X X Kelly Mellecker 09/01/08 ............................ X Thomas Niblock 09/01/08 ............................ X Key: X = Present O = Absent O/E = Absent/Excused NM = No Meeting ..... Not a Member 11-01-05 4b(10) MINUTES FINAL ~ IOWA CITY HUMAN RIGHTS COMMISSION EMMA HARVAT HALL 410 E. Washington Street Tuesday, September 27, 2005 MEMBERS PRESENT: Lisa Beckmann, Scott King, Sara Baird, Jim McCue, Bev Witwer, David Shorr, Billie Townsend. MEMBERS ABSENT: Paul Retish, Geoff Wilming. STAFF MEMBERS: Dale Helling, Anne Burnside, Stefanie Bowers. 1. CALL TO ORDER: Meeting called to order at 7:03 p.m. 2. APPROVAL OF MINUTES: Townsend noted page three was missing. Burnside provided the missing page. Motion to approve minutes as amended by McCue and seconded by Witwer. Motion passed unanimously. 3. RECOMMENDATIONS TO COUNCIL: None. 4. NEW BUSINESS: a. Introduction of Stefanie Bowers. Stefanie Bowers, Human Rights Coordinator, introduced to Commissioners. b. Review and approve the draft of the Human Rights Commission Annual Report for FY 2005. Beckmann opened the discussion by asking Helling who the intended audience is for the document. Helling reported the City Council is the first recipient of this public document. Witwer expressed concern over the introductory paragraphs of the report. Witwer prefers the report to start with the "mission" of the Human Rights Commission and then the "role" of the Commissioners. Witwer would like the report to mention the various events/programs the Commission sponsors and co-sponsors. Witwer also felt the report failed to address the Commission's role in bringing a human rights perspective to the City Council on current issues in the community. McCue and Shorr concurred. Witwer, McCue, and Bowers will meet in the next few weeks and work on revising the current report. This topic will be included on the October 2005 agenda. c. Winter Projects. Townsend asked Commissioners to look over the sponsored list programs to decide what programs/activities are truly things the Commission wants to continue to sponsor in the future. Beckmann concurred and added she wanted the Commissioners to do more than just show up for events but to actually participate. This topic will be included on the October 2005 agenda. Baird and King will serve on a subcommittee to plan the movie series. Baird mentioned The Lost Boys of Sudan as a possible movie selection. Follow-up on this matter should be placed on this Commission's agenda for October 2005. The Tenant Landlord Program with Eric Fisher is tentatively scheduled for February 2006. Beckmann and Shorr will head subcommittee to help plan this event. This topic will be included on the October 2005 agenda. King expressed an interest in working with the University of Iowa Human Rights Center and the International Women's Club to make materials to assist International Non Native Speakers coming into the school system. The materials would need to be written in several different languages. King is going to Coordinate meeting with these different organizations. This is considered a long term project to be completed by the beginning of next school year (August 2006). This topic will be included on the October 2005 agenda. Witwer announced the University of Iowa Center for Human Rights started publishing a newsletter. Witwer will request the Commission be added to the mailing list. The Center is also initiating a Peace Study Program and also trying to provide more international internships for students attending the University of Iowa. 5. OLD BUSINESS: a. Human Rights Breakfast. Beckmann stated the Breakfast begins at 7:30 a.m. sharp! Burnside said ticket sales are good; estimating 160 people will attend the event. The Press Citizen will be running an editorial discussing the Breakfast in Wednesday, September 28th 2005 edition. The Isabel Turner Award will be presented to University of Iowa College of Law Professor Barbara Schwartz who has worked primarily in the area of immigration. Schwartz has dedicated her career to helping people who traditionally do not have access to quality legal representation. Individual in a Service Organization Award will be presented to William Gorman, Executive Director of Systems Unlimited Inc. Gorman was instrumental in the State of Iowa instituting a Medicaid Waiver Program for mental health and mental retardation. Dr. William Olin will receive the International Award for his work with Operation Smile, an organization that corrects cleft palates in children. Lensing Funeral Home will receive the Business Award for the various services they provide to the community. Valerie Kemp, an Adult Correctional Officer for Johnson County, is receiving the Rich Graf Award for her dedication and commitment to her job. It is not too early to think about the keynote speaker for the 2006 Breakfast. This topic will be included on the October 2005 agenda. b. Building Blocks to Employment: Bowers reported this event is scheduled for October 24, 2005 from 5:30-8:00 p.m. at the Iowa City Recreational Center in the meeting room (social hall). Participating employers are Mercy Hospital, the University of Iowa Hospitals and Clinics, ACT and Pearson PLC. Expected turn out for the event is 25-200 people. Things needed are: room partitions, table cloths, food/drinks, flyers, and copies of handouts. Bowers will provide press releases for the event. Help is needed with set up and clean up. Anyone who wants to help with setting up is asked to arrive at 4 p.m. Looking for volunteers to help with resumes and cover letters. Shorr volunteered to help with resumes and Townsend volunteered to help with set-up. Next planning meeting for Building Blocks will be October 10th at noon in Van Allen Hall, 7th Floor, Room 756. 6. READING CASES: Commissioners were provided with a case to read. 7. REPORTS OF COMMISSIONERS: Shorr reported on an effort to reform the UN with the creation of a new Human Rights Council that would serve as a new UN body to replace the existing Human Rights Commission. Shorr is currently working with the Johnson County Sheriff's Department, the Department of Corrections, and the State Chaplin in hopes of mobilizing volunteers to work within the local justice system. The goal is to have various programs in place which would include volunteers working with persons incarcerated. Townsend pointed out the inconsistencies in the treatment of people following the Katrina Hurricane versus that of the Rita Hurricane. Townsend feels this mistreatment is a human rights issue and pointed out the lack of coverage (media) given to the groups of Black men (Soul Teams) who manned the boats to assist others in reaching safety before the government came in to help. King reported his continuing disappointment with the Cedar Rapids Civil Rights Commission's failure to sponsor a workshop against gay bullying--the bullying issue was turned down due to a procedural matter. University of Iowa President David Skorton is giving his keynote address on Wednesday, September 28, 2005. The President is going to push for increased nationalization. This increase will not replace domestic diversity efforts. King expressed concern over the current way the Commission reviews cases. King suggested a paragraph that explains why no probable cause was found. Baird wants simpler case briefs i.e., sexual harassment, housing. McCue mentioned the availability of housing for those misplaced by Hurricane Katrina yet not available for local residents because local residents in need do not meet the criteria required for the assistance. 8. STATUS OF CASES: Burnside reported on one case in which no probable cause was found. In that case compliant filed against her employer based on sexual orientation and gender identity. 9. ADJOURNMENT: Approximately 8:34 p.m. Board or Commission: Human Rights ATTENDANCE RECORD YEAR 2005 (Meeting Date) TERM NAME EXP. 1/25 2/22 3/22 4/26 5/24 6/21 7/26 8/17 8/23 9/27 10/25 11/22 12/27 Lisa Beckman 1/1/07 X X X YA O/E NMNQ X X X X O/E Paul Retish 1/1/07 X X X YA O/E NMNQ X O X O/E X Geoff Wilming 1/1/07 X X O/E YA X NMNQ O/E X X O/E X Sara Baird 1/1/08 X O/E X YA X NMNQ X X X X X David Shorr 1/1/06 X X O/E YA X NMNQ X O/E O/E X O/E James McCue 1/1/06 X X X YA X NMNQ O/E X X X X Billie Townsend 1/1/06 X X X YA X NMNQ O/E X O X X Bev Witwer 1/1/08 X X X YA O/E NMNQ O/E X X X X Scott King 1/1/08 X X X YA X NMNQ X X X X X KEY: X = Present NMNQ - No meeting, no quorum O = Absent O/E -- Absent/Excused