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HomeMy WebLinkAbout2006-02-23 Info Packet I = I -,..,= -..:r_ f~~i!:"? ~~ _.....i\TC-. ..... - ~ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET February 23, 2006 FEBRUARY 27 WORK SESSION ITEMS IP1 City Council Meetings and Work Session Agendas IP2 City Conference Board Meeting February 27,2006 MISCEllANEOUS ITEMS IP3 Letter from the City Manager to Senators Dvorsky and Bolkcom; Representatives Jacoby, Mascher, and Lensing: Eminent Domain HF2120 IP4 Memorandum from the Director of Finance to the City Manager: Tobacco Fines IP5 Memorandum from the Director of Planning and Community Development: Confirmation of Council direction IP6 Letter from Swen Larson to the City Manager: Building permit fees and corresponding City expenses IP7 Email from the Chief of Police: Complaint of Racism Investigation Completed IP8 Memorandum from the Transit Manager to the City Manager: ITS Upgrades to Fifteen Buses Ipg National Heritage Essay Contest: Old Capitol Sertoma- February 16, 2006 IP10 Approved Minutes: Economic Development Committee January 18, 2006 PRELIMINARY/DRAFT MINUTES IP11 Police Citizens Review Board: February 14, 2006 IP12 Board of Adjustment: February 8,2006 IP13 Public Library: January 26, 2006 IP14 Historic Preservation Commission: February 9, 2006 IP15 Public Art Advisory Committee: February 2, 2006 ..::; 1 --= -~... f~~it:"? ~, -"';t"~ .-. -- CiTY OF IOWA CiTY City Council Meeting Schedule and Work Session Agendas ULl February 22. 2006 www.icgov.org . MONDAY, FEBRUARY 27 6:30p City Conference Board Meeting Separate Agenda Posted Special Work Session . Planning and Zoning Items . Engine Brake . Goal Session Update . Council Appointments . Agenda Items . Council Time Emma J. Harvat Hall . TUESDAY, FEBRUARY 28 7:00p Special Formal Meeting Emma J. Harvat Hall TENTATIVE FUTURE MEETINGS AND AGENDAS I . MONDAY, MARCH 6 Emma J. Harvat Hall 6:30p City Council Work Session . TUESDAY, MARCH 7 7:00p Formal Council Meeting Emma J. Harvat Hall . MONDAY, MARCH 20 6:30p City Council Work Session Emma J. Harvat Hall . TUESDAY, MARCH 21 7:00p Formal Council Meeting Emma J. Harvat Hall . WEDNESDAY, MARCH 29 4:30p-6:30p Joint Meeting - Local Jurisdictions Emma J. Harvat Hall . TUESDAY, APRIL 4 5:00p 7:00p Emma J. Harvat Hall Special Council Work Session Formal Council Meeting . MONDAY, APRIL 17 6:30p City Council Work Session Emma J. Harvat Hall . TUESDAY, APRIL 18 7:00p Formal Council Meeting Emma J. Harvat Hall . MONDAY, May 1 6:30p City Council Work Session Emma J. Harvat Hall . TUESDAY, May 2 7:00p Formal Council Meeting Emma J. Harvat Hall OFFICE OF THE ~ IOWA CITY ASSESSOR JOHNSON COUNTY ADMINISTRATION BUILDING DENNIS BALDRIDGE ASSESSOR BRAD COMER DEPUTY MARTIN BURKLE DEPUTY February 22, 2006 Dear Conference Board Member: The meeting of the Iowa City Conference Board for the public hearing on the Iowa City Assessor's FY 2007 budget is scheduled for Monday, February 27,2006 at 6:30 P.M. at the Iowa City Civic Center. Enclosed for your review before the meeting are: I. The Agenda. 2. A copy of the January 23,2006 minutes. 3. A copy of the FY07 Itemized Budget. If you have any questions about the budget please feel free to phone me at the office at 356-6066 or at my home at 688-2661. Sincerely, ~~ Dennis Baldridge Iowa City Assessor 913 SOUTH DUBUQUE STREET. IOWA CITY IOWA 52240 TELEPHONE 319-356-6066 February 22, 2006 TO WHOM IT MAY CONCERN: The Iowa City Conference Board will meet at 6:30 P.M. on Monday February 27,2006 at the Iowa City Civic Center. The purpose of this meeting is to hold a public hearing on the Iowa City Assessor's proposed budget for FY 2007. AGENDA: 1. 2. 3. Call meeting to order by the Chairperson. Roll call by taxing body. Act on minutes of January 23, 2006 Conference Board meeting. 4. 5. Public Hearing on budget. Adopt budget. 6. 7. 8. Appointment of Examining Board member. Other business. Adjournment. Dennis J. Baldridge Clerk, Iowa City Conference Board ,_.__._-_._------_.~---~----'--~._.~--- lOW A CITY CONFERENCE BOARD MINUTES January 23, 2006 Citv Conference Board: January 23,2006, at 5:30 P.M. in the Council Chambers at the Iowa City City Hall. Mayor Ross Wilburn presiding. Iowa Citv Council Members Present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Johnson Countv Supervisors Present: Harney, M. Lehman, Neuzil, Stutzman, Sullivan. Iowa Citv School Board Members Present: Morgan, Wallace. Others Present: Baldridge, Comer, Atkins, Helling, Dilkes, and Karr. Tape Recorded: Reel 06-06, Side 1. Chair Ross Wilburn called the meeting to order and clerk Baldridge called roll and stated that a quorum was present. The City moved to accept the minutes of the last Conference Board meeting, February 28,2005, the County seconded and the motion carried 3/0. Iowa City Assessor Baldridge presented his FY '06 Assessment Expense Fund budget. The increases are $13,190 for a four percent cost-of-living increase in salaries, $1,010 for an increase in FICA, $750 for an increase in IPERS, $6,200 for an increase in postage, an alternate year expense, $1,300 for an increase in printing, also an alternate year expense, $2,000 for an increase in software maintenance and $10,000 to transfer employee leave contingency from the Special Appraisers Fund. There was a reduction of $600 for a decrease in health insurance due to increased employee contributions. Funding for the Special Appraisers Fund of $31,723 is requested. The Special Appraisers Fund adds $1500 to the car replacement fund, $2500 to the computer replacement fund, and transfers the leave contingency fund to the Assessment Expense Fund. Because of a reduction in the Special Appraisers Fund, next year's carryover should be enough to make a levy unnecessary. A discussion was held about the four percent cost of living increase before the City moved to change the increase to three-and-one-half percent, the County seconded, and the motion passed 3/0. The Schools then moved to approve the budget for publication with a three-and-one- half percent increase and the City seconded. The motion passed 3/0. ~_..._"u__'"_,_..,'__""~__,_,_~,.____.._._~_ The County moved to set the public hearing for February 27,2006 at 6:30 P.M. at the Iowa City City Hall, the City seconded and the motion carried 3/0. The vacancy on the Iowa City Board of Review has been advertised and there was one applicant. It was moved by the City to appoint Ernie Galer to the Board of Review for a six-year term ending December 31,2011. The Schools seconded and the motion carried 3/0. It was moved by Vanderhoef to re-appoint John McDonald to the Examining Board for a six-year term ending December 31, 2009. Champion seconded and the motion carried. The City asked for discussion from the Schools and County about recent talks of combining the Iowa City Assessor's Office with the Johnson County Assessor's Office. After comments from each of the members ofthe County and Schools and several members of the City Council it was decided to look into the matter further at a later date. There being no other business it was moved by the City and seconded by the Schools to adjourn at 5:54 P.M. Dennis Baldridge Clerk, Iowa City Conference Board ITEMIZED BUDGET - ASSESSMENT EXPENSE FUND EXPENDITURE FY 2006 FY 2007 INCREASE SALARIES CITY ASSESSOR 75,230 77,860 3.50% FIRST DEPUTY 63,950 66,180 3.49% SECOND DEPUTY 58,745 62,290 6.03% REAL ESTATE CLERK 41,240 42,680 3.49% CLERK/APPRAISER 34,330 35,530 3.50% CLERK/ACCOUNTING 36,900 38,190 3.50% LONGEVITY 2,675 1,950 -27.10% SUBTOTAL $313,070 $324,680 3.71% EMPLOYEE BENEFITS EMPLOYER SHARE: FICA 24,760 25,650 3.59% EMPLOYER SHARE: IPERS 18,610 19,280 3.60% HEALTH INSURANCE 71,380 70,780 -0.84% SUBTOTAL 114,750 115,710 0.84% ITOTAL EMPLOYEE COST $427,820 $440,390 2.94%1 OTHER EXPENDITURES (Previously in Special LEAVE CONTINGENCY Appraisers Fund) $0 $ 10,000 BOARDS BOARD OF REVIEW 10,500 10,500 0.00% BOARD OF REVIEW EXPENSES 200 200 0.00% CONFERENCE BOARD 0 EXAMINING BOARD 30 30 0.00% SUBTOTAL $10,730 $10,730 0.00% OFFICE EXPENSES MILEAGE & AUTO 1,600 1,600 0.00% OFFICE SUPPLIES 3,500 3,500 0.00% POSTAGE 1,200 7,400 516.67% TELEPHONE 1,000 1,000 0.00% PUBLICATIONS & SUBSCRIPTIONS 700 700 0.00% PRINTING 500 1,800 260.00% INSURANCE 3,500 3,500 0.00% EQUIPMENT PURCHASE 3,400 3,400 0.00% EQUIPMENT MAINTENANCE 200 200 0.00% UNEMPLOYMENT 2,000 2,000 0.00% DATA PROCESSING SERVICES 14,000 14,000 0.00% SOFTWARE MAINTENANCE 14,000 16,000 14.29% BONDS & WORKER'S COMPENSATION 1,200 1,200 0.00% SUBTOTAL $46,800 $56,300 20.30% PROFESSIONAL EXPENSES SCHOOLS & CONFERENCES 8,500 8,500 0.00% DUES 1,600 1,600 0.00% SUBTOTAL $10,100 $10,100 0.00% TECHNICAL SERVICES LEGAL FEES & EXPERT WITNESSES 27,000 27,000 0.00% APPRAISAL SERVICE 600 600 0.00% SUBTOTAL $27,600 $27,600 0.00% ITOTAL OTHER EXPENDITURES $95,230 $104,730 9.98%1 TOTAL BUDGET $523,050 $555,120 6.13% UNENCUMBERED BALANCE -$51,000 -$25,411 TO BE RAISED BY TAXATION $472,050 $529,709 12.21% _______~_._u~~..___d_________,._.,.._______.,.________--.--..-.--------- ITEMIZED BUDGET - SPECIAL APPRAISERS FUND EXPENDITURE FY 2006 FY 2007 MAPPING & APPRAISAL $10,881 $8,600 CAR REPLACEMENT 4,671 6,171 RE-APPRAISAL FUND 14,452 14,452 LEAVE CONTINGENCY 10,000 0 COMPUTER REPLACEMENT 2,500 2,500 DP SOFTWARE PURCHASE 0 0 TOTAL BUDGET $42,504 $31,723 UNENCUMBERED BALANCE ($16,509) ($31,723) TO BE RAISED BY TAXATION $25,995 $0 IGRAND TOTAL TO BE RAISED BY TAXATION $498,045 $529,709 I MAXIMUM LEVY ALLOWED MAXIMUM ASSESSMENT EXPENSE FUND 2,288,322,868 X .00027 IPERS & FICA FUNDS UNEMPLOYMENT COMPENSATION & TORT LIABILITY MAXIMUM FOR ASSESSMENT EXPENSE FUND MAXIMUM SPECIAL APPRAISERS FUND 2,288,322,868 X .000405 MAXIMUM ALLOWED WITHOUT STATE APPROVAL MAXIMUM EMERGENCY FUND (requires State Appeal Board approval) 2,288,322,868 X .00027 MAXIMUM THAT COULD BE RAISED BY TAXATION FOR FY 2006 $617,847 $45,130 $4,000 $666,977 $926,771 $1,593,747 $617,847 $2,211,594 PRIOR YEARS LEVIES AND RATES ASSESSMENT EXPENSE FUND SPECIAL APPRAISERS FUND TOTAL LEV~ AMOUNT LEVIED LEVY RATE AMOUNT LEVIED LEVY RATE 303,281 0.20446 30,000 0.02023 319,513 0.2045 17,000 0.01088 318,270 0 19946 52,834 0.03311 318,699 0.19269 184,357 0.11146 341,910 0.19784 352,508 0.20398 359,341 0.19823 180,293 0.09946 396,829 0.20636 6,442 0.00335 403,136 0.20694 4,426 0.00227 412,379 0.20818 10,051 0.00507 470,398 0.22926 15,728 0.00767 472,050 022525 25,995 0.01240 529,709 0.23148 0 0 FY 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 0.22469 0.21538 0.23257 0.30415 0.40182 0.29769 0.20971 0.20921 0.21325 0.23693 0.23765 23148 --_._-~---~----,._._--_.,,-,------_._--------~----"~'.._-,-"--~ . I: I -....= -~... ~~~~.,. """.. _"'~ ....... &.a.- :ITY OF IOWA CITY [;j www.icgov.org February 16, 2006 OFFICE OF THE CITY MANAGER The Honorable Vicki Lensing 2408 Mayfield Road Iowa City, IA 52245 Stephen J. Atkins City Manager steve-atkins@iowa-city.org Re: Eminent Domain HF 2120 Dale E. Helling Assistant City Manager dale-helling@iowa-city.org Dear Ms. Lensing: We have been following the proposed legislation regarding eminent domain and staff has reviewed HF 2120. In addition to our concerns over the restrictions which could be placed on our economic development initiatives, many aspects of this proposed legislation seem to extend well beyond use of eminent domain for economic development activities. Of specific concern is language in section 3 of the bill which prohibits the condemnation of private property for construction of a landfill or for construction of sewer treatment facilities unless the acquiring agency demonstrates that no other feasible alternative exists to accomplish its purpose. Having been involved in decisions regarding the location and expansion of these facilities, I can tell you that debate over feasible alternatives can go on forever. These are difficult decisions for communities to make, but at some point the local elected body needs to make a decision and move forward with a plan. The proposed legislation appears to effectively preempt the local decision and puts it in a court of law where negotiations, debate and appeal can take years. Meanwhile, local governments have environmental obligations, imposed by Federal law and State regulations, which must be satisfied or fines will be imposed. The net effect is local governments will be forced to make expensive land deals with property owners who are willing to sell if the price is right, even if the site is not optimally located for the facility. Wastewater and landfill facilities not optimally located will incur higher energy and operating costs over the life of the facility and can cost the public many millions of dollars. The bottom line is that the proposed changes would be detrimental in the long term to the well being of our citizens. The proposed changes are unnecessary because we believe Iowa communities do not have a history of abusing eminent domain powers and significant safeguards were built into the process in 1999 and 2000 through HF476 and HF 2528. 410 E. Washington Street Iowa City. IA 52240 Phone: (319) 356.5010 Fax: (3 I 9) 356.5009 Also, please keep in mind that eminent domain exists to provide a fair and open process for the acquisition of public land. Fair for both parties and open for all to see. Please consider these issues when contemplating SF2120. Thank you, ~ Stephen J. Atkins City Manager Enclosure cc: City Council L ~ ~ ~-<-....- X'i\CL.\ \ <1- ~ -tb '. ')<[.",,,,-+0" '" D'J6'''' K, "",cl.. Do\k.t..o,"V\ ~r<.~~~~v<-~ ~"'C{)\o'j,('("\t,_,>c,,4..,", LH\S'''j loan!: Page llA :k, president and publisher managing editor Opinion Monday, January 30, 2006 ~arlson, opinion editor Iowa City Press-Citizen rown, market development director II, assistant managing editor Jeff Charis-Carlson, Opinion editor ylor, account executive Phone: 887-5435 , I andez Gregory, community member E-mail: opinion@press-citizen.com I , Our View Domain and development ~us of the Press-Citizen editorial board ne limits on Newspapers reported N. William Hines land oligopoly in which Share your idea major economic develop- this week th31 a bill was nearly all privately owned ment projects if they ""ve introduced in the Iowa Guest Opinion land in Hawaii was held by a . If you'd like to the condemnation power in drivers General Assembly to place few large land trusts. submit a guest opinion reserve. Placing the types of lllger rather strict limits on the purpose, and which of those fu the Kelo ease, the restrictions on eminent eminent domain powers of projects are best accom- Supreme Court approved as that addresses local domain contemplated by local govenunents. This plished through condemna- constitutional an ambitious issues of pOlitical and the proposed legislation proposed legislation is said tion of private property. economic development social significance, con- could hamstring the very ld for state to be in response to the They further point out th31 plan by the City of New tact the editorial page local governments Iowa is recent U.S. Supreme Court the legal obligation to award London that entailed the editor at opinion@press- looking toward as the decision in Kelo v. City of the condemnee "just com- pW'Chase or condemnation engines of civic revitaliza- New London. I wonder if pensation' means th31 the of private land to be rede- citizen.com. tion and could thereby stifle the proponents of this bilI govenunent must pay full veloped under a plan to revi- badly needed economic e with the governor's office and with state understand that, notwith- market value for any private talize New London's down- authorized condenmation growth - the No. I priority tion officials that legislation is required to standing all the media alien- property interests taken to town in anticipation of of private land to promote of both parties in this leg- privileges for younger'drivers. All the sta- tion given it, the Keio case adv.ance a public project, attracting a major employer economic development in islative session. gest that this age group would benefit did nothing more than real- and this is all the constitu- to the City. This redevelop- distressed local communi- Even the proponents of firm the constitutional prln- tion requires. ment plan el\ioyed wide ties suffering from high legislation to limit local , experience before being set loose at the ciples established in a line '!\vo frequently cited support within the local unemployment, declining governments' eminent lepartment of cases dating back to the prior cases involved high community. After declining property values and an domain powers admit that of The issue urban renewal era following court approval of a local to substitute its judgment eroding tax base. Sound there is no history of local ety said drivers World War n. government's decision to for th31 of the local govern- familiar? governments seriously Ie ages of 16 and . State transporta- In these cases, the demolish a perfectly sound ment with regard to the effi- Economic rejuvenation abusing their condemna- Ip about 17 per- tion officials suggest Supreme Court has consis- building as part of a prqject cacy of its development of depressed communities tion powers in Iowa. tently adopted a policy of to completely level a blight- plan, the Court in the Kelo across Iowa also may Wouldn't it therefore make IOtorists in the that legislation is need- judicial deference to the ed neighborhood so th31 it case stated: "(We) also require the kind of redevel- more sense to concentrate accOlmt for 24 ed to curb some privi- decisions of elected govern- could be redeveloped by decline to second guess the opment of sizeable tracts of legislative attention this fatalities and 26 leges for younger driv- menial officials when they private developers carrying city's determinations as to urban or suburban land as session on today's real serious irtiuries. ers. invoke the power of emi- out the community's master what lands it needs to was the focus of the Kelo problems and not worry those accidents nent domain to carry out a urban renewal plan, and acquire in order to effectu- case. Years of experience about imagined worst-case e of distractions We suggest public project. The high upholding a decision by lite the project ' It is note- with the use of eminent scenarios that assume court opinions explain th31 Hawaii to compel landlords worthy th31 the state law domain in Iowa makes clear future overreaching by many friends in . Based on the acei- it is up to elected officials, to sell rental units to the New London invoked to jus- that it is much easier for Iowa local governments? . too many cell not courts, to detennine state for resale to the ten- tify its use of eminent elected local officials to N. WilUam Hines 1$ a Dean S. dent statistics for what projects constitute a ants occupying them for the domain was a Connecticut acquire the consolidated Emeritus of the University of I, it only makes younger drivers, the public use or serve a public purpose of eliminating a statute th31 specifically parcels often needed for Iowa's College of law. )an cell phones measures make sense. "r<l h<>tw....n 1 fi . .. k ~""''''''- .......- ~.~.!f I ~ j -~= -~ ~~~w!:'t -.,;;;;... ..."".~ ........- CITY OF IOWA CITY I];] MEMORANDUM Date: February 17, 2006 From: Steve Atkins, City Manager Kevin O'Malley, Director of Finance Tobacco Fines urr ~j/ W0 To: Re: As you may recall you wanted the answer to two questions concerning tobacco fines. The questions were 'how much did the City receive last fiscai year?', 'and where was the money deposited?' In FY05 we received $2,400 in tobacco fines and the money was deposited in the General Fund. I! j ~~~~'t =~ l!MIaD" ......... CITY OF IOWA CITY ~ MEMORANDUM From: February 17, 2006 City Council Karin Franklin, Director, Confirmation of Council direction vn,/ ~lJV- Date: To: Re: To confirm our discussions at the work session of February 13, the Council directed the staff to proceed with the Central Planning District rather than the Southeast District. As we undertake our usual "grass roots" planning process with the Central District, we will continue to work with property owners near Scott-Six Industrial Park to expand our industrial opportunities consistent with our existing Comprehensive Plan. The other item we discussed Monday was approval of the acquisition of a lot on Chamberlain Drive in Census Block 14 (Lucas school district) by The Housing Fellowship for a single-family owner-occupied dwelling. The Housing Fellowship will proceed with the acquisition using CDBG/HOME funds, given the Council's approval. Cc City Manager Bob Miklo Tracy Hightshoe em HBA FILED 20% FEB I 6 MlIl: 51 en ,{ CLH-ii< 1""''''^ ('lili"I{,,\WA 11 South Gilbert P.O. Box 3396 Iowa City, Iowa 52244 Phone: (319)351-5333 Fax: (319)358-2443 E-mail: hbaofic@cs.com www.iowacityhomes.com HOME BUIl:iORS AssociATION Advocates for homeownership by promotil,g standards for quality and affordablility February 15,2006 ~ p./ tv~ rt~ ~. Mr. Steven 1. Atkins City Manager City ofIowa City 410 East Washington Street Iowa City, IA 52240 RE: Building Permit Fees Dear Mr. Atkins: This letter is a follow up to Michael Pugh's correspondence to you of last summer and your response regarding the fees generated by building permits and the corresponding expenses the City incurs in connection with issuing those permits. At the time of your response last June, you indicated that the information for FY2005 \Vas not yet available. I assume that information is now available and would appreciate it if you would send me a copy of that information. Your June 27, 2005 letter indicated that you did not incorporate into the expense side of the Building Inspection figures those operations paid for by the general fund; including the cost of general liability , property and workers compensation insurance; utilities; and administrative charges. Although you consider your Division of Building Inspection to be a component of the general fund, the Greater Iowa City Area Home Builders Association believes you are required to match your operating costs of that Division, or even a particular component of that Division, such as building permit fees, against the fees generated. As you probably know, the City of Iowa City may assess a fee to cover the administrative expenses it incurs in connection with reviewing and approving building permits, however it may not charge builders an impact fee or excise tax. In Home Builders Association of Greater Des Moines vs. City of West Des Moines, the Iowa Supreme Court held that the City of West Des Moines could not charge builders a fee in connection with subdivision approval and building permit issuance, when the fees were deposited into a sub-fund of the general fund and used by the City for park site acquisition and physical improvements. Home Builders Association of Greater Des Moines vs. City of West Des {00308580.D~Jilia(ed with National Association of HOllle Builders & Home Builders Association of Iowa Moines, 644 N.W. 2d 339 (Iowa 2002). The Court found that such a charge was an impact fee and that Iowa does not have legislation authorizing cities to charge impact fees. The Court further found that the fee could not be justified under the City's police power because it was not a fee charged to recover the administrative expenses incurred by the City, nor was it a fee charged in connection with a special benefit conferred by the City. Therefore, I would appreciate it if you would provide me with the FY2005 data, which incorporates those general administrative expenses and charges related to building permit review and approval into the expense side of your Building Inspection operations. If that allocation shows that the fees generated by building permits are in excess of the City's administrative expenses, the Greater Iowa City Area Horne Builders Association requests a refund of those fees. I also encourage you to raise this issue with the City Council in connection with their current review of the budget. We expect that the City will determine the expenses it incurs in connection with building permit review and approval and charge only those fees required to.recover those costs, as permitted by Iowa law. I would appreciate it if you would respond to this request before March 10,2006. Thank you in advance for your cooperation and I look forward to hearing from you. ~.~ ~//r Swen T. Larson, President Greater Iowa City Area Horne Builders Association cc: Iowa City City Council '" 0 = = ~O c~ ..." )>--, I"Tl Tl ,--.. .-< CD \_J :.:::i{-; 0'\ ! c<'~ ill '. I fl'; ". O~ :'Il: 0 <;'^ ~ c.n -.I (OOJ08580.DOC) ICGov.Org Email Release Page I of 4 ~ Marian Karr From: Sam Hargadine Sent: Thursday, February 23, 2006 8:33 AM To: .City Council Subject: FW: ICGov.org Media Release: Police & Fire Mayor Wilburn and Council, Normally police departments are very guarded about releasing details involving Internal Affairs and disciplinary issues. The charge or racism and profiling made the front page of the newspaper and questioned the integrity of the department which is paramount to our effectiveness in this community. For these reasons and in consultation with the Manager I chose to respond to the allegations publicly. Quite frankly, the public complaint dictated a public response. Hundreds of hours were spent investigating this complaint. Mr. Young makes his living writing and speaking about racial strife in America. The investigation we completed yesterday clearly indicates that Mr. Young is very quick to pull the race card anytime any person of authority challenges him or says anything in contradiction to what he believes. He has a right to his opinions. Please rest assured that the men and women of the Iowa City Police Department are professionals and believe in individual dignity. Chief Sam Hargadine Iowa City Police Department 410 E. Washington Iowa City, IA 52240-1826 Office: 319.356.5271 Email: Sam-Hargadine{aJj,Qwa-cit)'m'g NOTICE: This email (including attachments) is covered by the Eiectronic Communications Privacy Act, 18 U.S.C. 2510-2521, and is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank You. From: web@icgov.org [mailto:web@icgov.org] Sent: Thursday, February 23, 20068:10 AM To: sam-hargadine@iowa-city.org Subject: ICGov.org Media Release: Police & Fire News from The City of Iowa City Title: COMPLAINT OF RACISM INVESTIGATION COMPLETED Release Date: Thursday, February 23, 2006 Release Time: 8:06:00 AM Originating Department: Police Contact Person: Sam Hargadine, Chief of Police 2/23/2006 ICGov.Org Email Release Contact Number: 319-566-5271 On February 4, 2006 a complaint was filed with the Iowa City Poiice Department accusing officers of racism and racial profiling. The compiaint was filed directly with the Chief of Police and simultaneously with the City of Iowa City Council, University of Iowa Administration and U.S. Representative Jim Leach. Additionally, an email was circulated to the press. The complaint was filed by Vershawn Ashanti Young, an African American male. The complaints alleged that on February 4, Iowa City police officers "stopped him for no reason" and have done so on a number of occasions. An investigation into the incident was conducted utilizing three supervisory officers. Also investigated were previous contacts involving the Iowa City Police Department and Mr. Young. Detaiis of Incident: On February 4, an unknown rider on the "Westwinds" bus approached the bus driver and stated that there was a wanted person sitting on the bus. The unknown rider was male, approximately 50 years old and African American. The bus driver through the overhead mirror could see the general description of the supposed wanted person and that description is black male, late twenties to early thirties, wearing a large bulky dark navy coat. This information was radioed by the driver to the transit dispatcher. At 8:09 AM the transit dispatcher called the Iowa City Police Dispatch Center and relayed the details from the "Westwinds" bus driver. Two officers are dispatched to meet the "Westwinds" bus at the downtown bus turnaround located on Washington Street. A third officer also showed up as backup. The "Westwinds" bus arrives at the turnaround prior to the officer's arrival and passengers get off the bus. At 8:17 AM the driver receives permission from bus dispatch to depart and remain on schedule. The "Westwinds" bus departs the terminal now with the "Rochester" sign displayed. At 8:21 AM Officers Arrive. Officer One is a white male. Officer Two is a white female. The third back up officer is a white male. Officer One radios there isn't a bus in the turnaround and both officers stay in the area until clearing the call at 8:30 AM. At 8:31 AM Officer One radios that there is a "Westwinds" bus at the turnaround facing west. Neither officer is aware that the bus identified as the "Westwinds" bus has just turned over the route identifier from (inbound) "Lakeside" to (outbound) "Westwinds" and is discharging passengers from the Lakeside leg of the route. Officer Two observes a black male matching the description of the wanted subject walking west on the sidewalk from the buses in the turn around. At 8:32:15 AM, Officer One radios dispatch that they wiil be checking a subject that matches the description. Officer One also radioed that the subject did not appear to be stopping for Officer Two. Officer One pulled his car in front of the path of the subject to assist in temporary detention which forced the subject to stop. At 08:32:36 Officer One radios for a supervisor to respond to the scene. As Officer One joins the conversation between the subject, later identified as Vershawn Young, and Officer Two he immediately hears Mr. Young claim that the police are racists 2/23/2006 Page 2 of4 ICGov.Org Email Release Page 3 of 4 and only stopped him because he Is black. Mr. Young continually refuses to identify himself and does ask why he's been stopped but never gives the officers a chance to explain beyond they were looking for a wanted person. Other witness accounts indicate that Mr. Young was very animated with arm gestures, getting in the officer's faces and threatening to file a complaint. During this heated exchange Officer One activated a recording device and captured most of the exchange. During the exchange Mr. Young referred to female Officer Two as "Baby" Officer Two asked the subject to refer to her as Officer however Mr. Young continued to call her "Baby." At 8:38 AM a sergeant arrived on the scene and Mr. Young immediately provided two pieces of identification, his driver's license and University of Iowa staff identification card. The sergeant ran the identifiers through dispatch and confirmed that Mr. Young was not wanted but his drivers license was suspended which required that police keep the license to be forwarded to the State of Iowa. Mr. Young's university ID was returned to him and he was advised that he was free to go. All officers clear the scene at 08:46 AM. Investigative Findings: Police officers are allowed to temporarily detain a citizen if they have reasonable suspicion that a person has or is about to commit a criminal offense. This is called an Investigative Stop. Fugitives rarely make this an easy task. The officers relied on a number of descriptors and circumstances to determine whether to make an investigative stop that included; the bus identifier "Westwinds", subject race, gender, age and clothing description. The temporary detaining of Mr. Young was reasonable and the conduct of the officers was proper and professional. The complaint of racism and racial profiling are unfounded. Additional Findings: During the course of the investigation the department looked to determine whether there were other incidents. In August of 2004, a Cedar Rapids Police officer stopped Mr. Young for Failing to Stop For a Flashing Red Light, issuing a citation. Mr. Young filed a race complaint against the Cedar Rapids officer and it was determined that the stop was not racially motivated. In May and August of 2005, Mr. Young was stopped for traffic offenses. In each case Mr. Young complained to police supervisors that the stops were based on his race. In each case investigation revealed there was significant "Probabie Cause" to stop Mr. Young and citations issued. On February 10, 2006 the r.C.P.D. was contacted by an orthodontist with the University of Iowa Dental College. The orthodontist saw the news article and wanted to let the r.C.P.D. know that Mr. Young has filed race complaint against her and the Dental College after he didn't like the cost of a treatment plan proposed by the orthodontist. Conclusion: Deciding factors are based on the February 4, 2006 incident and in totality involving other pertinent details surrounding Mr. Young. The officers, in all instances are found to be proper, courteous and professional. 2/23/2006 ICGov.Org Email Release To subscribe and unsubscribe from ICGov email releases click here: blliJ: Ilwww.icgoY.or:gfgJbscrib~.am:> (::Jick here tg gILto Jh.e City Jobs pa~ Do not reply directly to this e-mail. It is produced from an automated system, and is not monitored for replies. If you have a question or comment about this information, please contact the originating department of this message, or by using the form at: http~w. icoo\.'. p~rvicecenter/fe~d back.asp. For technical questions, please contact us by using the form at: httQ;iLwww.icOPv,Q[fjj;;.ervicecenter/webrnaster.Clg>. 2/23/2006 Page 4 of4 City of Iowa City rn:J MEMORANDUM Date: February 17, 2006 To: Steve Atkins, City Manager RL From: Ron Logsden, Transit Manager ~/~ ~ Re: ITS Upgrades to Fifteen Buses Iowa City Transit just received the final federal funding to allow us to outfit fifteen of our buses with ITS technology. The ITS upgrades include digital camera systems, Global Positioning (GPS), automatic voice announcements and on-board wireless. The GPS will mark the vehicle location on the video as it is recording. In the future as more funding becomes available we will add Automatic Vehicle Location (A VL). This A VL technology will allow the transit dispatcher to monitor the location and progress of our buses to determine if a route needs assistance during adverse weather or traffic conditions. It will also enable the dispatcher to inform the public of the status oftheir route when they call into the office to inquire about the status of a particular route. The caller does not want to stand outside any longer than they have to during inclement weather waiting for a bus. With A VL, the dispatcher can answer their question without having to call the bus driver which takes the drivers attention away from driving the bus in snow and ice to answer the radio to give their location. With the addition of A VL, we will also be able to add bus arrival kiosks at major bus stops like our interchange which will give passenger waiting for a bus the actual arrival times for each route. The automatic voice announcements will announce major stops and cross streets to conform to ADA requirements. The on-board wireless will allow a supervisor vehicle or police vehicle to monitor what is going on inside of a bus from several blocks away in the event of a disturbance or confrontation on a bus. The on-board wireless will also automatically download events that the driver has "Marked" (pushed a red button when a disturbance takes place on a bus) during their shift. When the bus pulls into our bus storage area this "Marked" event will be saved to a computer in our office. Automatic downloads of "Marked" events alerts the Supervisor that there is an event that needs to be reviewed and allows them to review the marked clip without having to pull the hard drive off a bus. This grant is an 80% federal and 20% local grant. It is our intent to outfit our 15 newest buses at this time and equip the older buses with this technology as they are replaced. ~ OLD CAPITOL SERTOMA NATIONAL HERITAGE ESSAY CONTEST FEBRUARY 16, 2006 ''What Patriotism Means to Me" I t I I a~ AWARDS PROGRAM /~, University Athletic Oub L~ February 16, 2006 \:} , .t- I,,,, .. ,," ~,,\.\.. Pledge of Allegiance I Welcome ........................... ...................................Dennis Mitchell Old Capitol Sertoma Club Lunch DIRECTORS Reading of Proclamation ..........................Mayor Ross Wilburn President .............................. ...................... Dennis Mitchell Introduction to Essay Readings..................................Ted HaIm Secretary ............................................... Chuck Lindemann Treasurer ........................................................... Gary Ortale Essay Readings: "What Patriotism Means to Me" Vice President, Sponsorship ...............................Tim Ovel Clear Creek-Amana Middle School .....................Fritz Burgher Vice President, Membership...................... Jason Swestka Vice President, Programs .............................Steve Ballard Kathy Brack, Teacher Sergeants at Arms ......................................... John Jadryev Lone Tree Middle School.....................................Joanna Reeves Ted HaIm Tom Dickey, Teacher Chairman of the Board ........................ Larry McConahay Directors ........................................................ Dorree Eckoff Northwest Junior High .....................................Katherine Valde Jim McCarragher Scott Jespersen, Teacher David Redlawsk Olga Sassine South East Junior High ......................................... Zoe Grueskin Mike Merulla, Teacher West Branch Middle School .................................Megan O'Neil Terry Christiansen and Janice Murry, Teachers Presentation of Awards and School Trophy Presentation of Awards and Trophy..........................Ted HaIm Closing ............................ ..................... ............... Dennis Mitchell rnJ MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE WEDNESDAY, JANUARY 18, 2006 CITY HALL, CITY MANAGER'S CONFERENCE ROOM APPROVED Members Present: Regenia Bailey and Bob Elliott Members Absent: Connie Champion Staff Present: Steve Atkins and Steve Nasby Others Present: Randy Hartwig, Joe Raso, Lynn Rowat, Harry Wolf, Bart Floyd, Dan Jackson, Bill Bywater, Rich Colagon, Tim Gohlson CALL MEETING TO ORDER Nasby started the meeting as this meeting is the first for the new term of the Council Economic Development Committee. Nasby asked Bailey and Elliott for their concurrence of the actions of the City Council organizational meeting that were to appoint Champion and that Bailey would be the Chair as she is Mayor Pro Tem. Bailey and Elliott agreed. Chairperson Bailey called the meeting to order at 2:40 PM. APPROVAL OF MINUTES Bailey asked if there were any corrections to the minutes as presented for September 13, 2005 and December 15, 2005. Elliott moved to approve the minutes and Bailey seconded. Motion passed 2-0. IOWA CITY AREA DEVELOPMENT (ICAD) GROUP PRESENTATION Raso introduced himself and asked that the members of the ICAD capital campaign committee introduce themselves and identify their business. Raso distributed a handout to the Council Economic Development Committee. Raso reviewed the materials and asked the committee to pay special attention to the highlights and the study data regarding Return on Investment (ROI), payroll and capital investment. He noted that the ROI numbers for ICAD were two to three times higher than comparable economic development groups. Raso mentioned some of the unique work products done by ICAD, and local partners, which included the Wage & Benefits survey, synchroist interviews and location information. He also noted that ICAD is leading efforts on a new program called "Work Certified Employees". Raso said that ICAD is a leader in regional efforts through the Technology Corridor, Regional Cluster Analysis and job fairs. Bill Geringswald introduced himself as the consultant assisting ICAD with the capital campaign. He said that the capital campaign plan was arrived at through consultations with investors, community leaders and others. Geringswald said that economic development organizations need to be aggressive on a local, state, national and world-wide level to remain at the forefront. He noted that ICAD's numbers are excellent and that the organization is going the job of one twice the size. Geringswald handed out information with 2001-2004 ICAD activities highlighted. Raso said that the "ask" to the City of Iowa City was $500,000 in the form of $100,000 annually. He said one of the functions ICAD wants to enhance is the pursuit of additional state and federal funds. Bailey and Elliott thanked Raso and Geringswald for the presentation and asked the City Manager to place this item on one of the Council's budget work sessions. Atkins acknowledged that it would be included, possibly on January 31. AVIATION COMMERCE PARK UPDATE Nasby said that Randy Hartwig from the Airport Commission was present. Hartwig began by stating that is the goal of the Airport to become self-sufficient and the sale of the property in the --,------~----_._---_.._-~.__._._.__._--...~--_._._-.....------ Aviation Commerce Park North, when completed, would provide the Airport with a large sum of funds. Hartwig said the Airport is a valuable community asset as shown by its use by local companies and excellent location. Elliott agreed and said that the Airport needs to get that message out to the citizens. Hartwig said that the Airport Commission and City staff have also been discussing the potential for another such development on the south side of the airport after the N\S run way is closed and acknowledged that the closure could be prior to the completion of the extension of the EIW runway. He said that discussions would be needed with the Federal Aviation Administration (FAA) regarding aviations uses, safety and airspace. Hartwig noted that an update to the Airport Plan would also be needed as part of this discussion. He estimated that a study would take 2-3 months and then the FAA review. Bailey asked if the update to the Airport Plan was in the budget. Hartwig said no, but a cost would likely be $15,000. Bailey asked what, if anything, Hartwig needed from the Economic Development Committee. Hartwig said support for the $15,000 to update the Airport Plan. Bailey said that the consultant would be getting the information necessary to move along the possibility for Aviation Commerce Park South. Elliott asked if the update could be done by City staff. Bailey said that a consultant would have the specific expertise needed to update the plan, anticipate and address FAA guidelines and make recommendations to the Airport Commission. Hartwig thanked the committee for the opportunity to meet. Elliott made a motion to adjourn. Bailey seconded. Motion passed 2-0. Minutes submitted by Steve Nasby. I , Council Economic Development Committee Attendance Record I 2006 Term Name Expires 01/18 Regenia Bailey 01/02/08 X Bob Elliott 01/02/08 X Connie Champion 01/02/08 OlE Key: X = Present 0 = Absent OlE = Absent/Excused NM = No Meeting -- -- = Not a Member POLICE CITIZENS REVIEW BOARD MINUTES - February 14, 2006 DRAFT rnn CALL TO ORDER: Chair Greg Roth called the meeting to order at 7:05 p.m. MEMBERS PRESENT: Candy Barnhill, Loren Horton MEMBERS ABSENT: Elizabeth Engel, Michael Larson STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle OTHERS PRESENT: Lt. Jim Steffen of the ICPD, Colin Burke from the Daily Iowan, and Addiel Gomez from the Daily Iowan TV RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #05-03. CONSENT CALENDAR OLD BUSINESS NEW BUSINESS PUBLIC DISCUSSION BOARD INFORMATION STAFF INFORMATION Motion by Horton and seconded by Barnhill to adopt the consent calendar. . Minutes of the meeting on 01/10/06 . ICPD General Order 89-02 (Department Disciplinary Philosophy) . ICPD General Order 01-01 (Racial Profiling) . ICPD Use of Force Report (December 2005) Motion carried, 3/0, Engel and Larson absent. None. None. None. Roth received a phone call from Chief Hargadine regarding the possibility of presenting a report to the Board, which has not been filed as a complaint to the Board, for their review. Roth spoke with Legal Counsel Pugh and according to City Code the Board can not review unless the Chief would submit the report as a complaint of possible misconduct against an officer. Roth and the Chief also discussed that the Board also has the option, in highly publicized cases if there is reasonable belief of misconduct, to file a complaint as a Board. Pugh added that the City Manager, the Police Chief, the City Council, or the Board have that option. Anyone else filing a complaint must have personal knowledge of the alleged misconduct. After speaking with Pugh, Roth returned a call to the Chief and presented him with the information. Tuttle informed the Board that there are copies of the Citizens' Summary for the 2007-2009 Proposed Financial Plan available if they would like one. PCRB February 14, 2006 Page 2 EXECUTIVE SESSION REGULAR SESSION Motion by Horton and seconded by Barnhill 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 believe 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, Engel and Larson absent. Open session adjourned at 7:12 P.M. Returned to open session at 8:08 P.M. Motion by Barnhill and seconded by Horton to forward the Public Report as amended for PCRB Complaint #05-03 to City Council. Motion carried, 3/0, Engel and Larson absent. Motion by Horton and seconded by Barnhill Horton to set the level of review for Complaint #05-04 to 8-8-7 (B)(1 )(a), On the record with no additional investigation. Motion carried, 3/0, Engel and Larson absent. Barnhill questioned whether there was a policy for media and where they could be during a public meeting for audio/video recording and the concern for confidential information being in plain sight during the open session. Pugh stated that the Chair should be able to request that the media record from a certain area. The Board agreed that this should be put on the next agenda for discussion. MEETING SCHEDULE . March 21,2006,7:00 P.M., Lobby Conference Room . April 11 , 2006, 7:00 P.M., Lobby Conference Room . May 9,2006,7:00 P.M., Lobby Conference Room . June 13,2006,7:00 P.M., Lobby Conference Room Barnhill will possibly be gone for the April meeting. ADJOURNMENT Motion for adjournment by Horton and seconded by Barnhill. Motion carried, 3/0, Engel and Larson absent. Meeting adjourned at 8:15 P.M. POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 RE: Investigation of PCRB Complaint #05-03 ,..." 0 = C':) -- ""' :<:0 .,.., )>=:i ,.., II t:o 0 =in en ,- :<r- :'Tl n'l -0 _.:tJ :::c .--. o- N 'J <::'::/" ~ N 0"\ TO: City Council Complainant Stephen Atkins, City Manager Sam Hargadine, Chief of Police Officer(s) involved in complaint FROM: Police Citizens Review Board DATE: February 14, 2006 This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB #05-03 (the "Complaint"). Board's ResDonsibilitv Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to review the Police Chiefs Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chiefs professional expertise" (Section 8-8-7B (2). While the City Code directs the Board to make "findings of fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence", are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice or any Federal, State or Local Law". Sections 8-8-7B (2) a, b, and c. Board's Procedure The Complaint was received at the Office of the City Clerk on 27 September 2005. As required by Section 8-8-5 of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chiefs Report Was due on 27 December 2005 and was filed with the City Clerk on 21 December 2005. The Board voted to review the Complaint in accordance with Section 8-8-78 (1) (a), on the record with no additional investigation. The Board met to consider the Report on 10 January and 14 Febnuary 2006. FindinCls of Fact The Complainant alleges "Improper Conduct" and "Differential Treatment" on the part of an Officer of the Iowa City Police Department. On 22 August 2005, Officer A was off-duty and in his personal vehicle, but was not the driver. He observed a traffic violation by the Complainant, contacted the ICPO by telephone, reported the violation, and requested citations be issued. The driver of the Officer's car continued to follow the car being driven by the Complainant until both vehicles pulled off the street, at a considerable distance from the alleged traffic violation. Officer B arrived and began to question the Complainant. At this time the versions of what happened are in dispute. The Complainant alleges that Officer A got out of his personal vehicle and began to enter into the situation by accusing the Complainant of untruths, using a loud tone of voice, and raising his arm in the direction of the Complainant. Officer A agrees that he did leave his vehicle in order to provide information about the alleged traffic offense. Officers A and B, and the driver of Officer A's personal vehicle maintain that while Officer A did enter into the situation, the gesture with the arm was only for emphasis, not done in a threatening manner; Officers A and B agree the voice was not raised to an unusual pitch. The Complainant further asserts that Officer A behaved in this improper manner because ofthe race of the Complainant. Officer B wrote two traffic citations for the Complainant, and the validity of these citations are not in dispute by the Complainant. Conclusion The Police Citizens Review Board finds that there is no evidence to support the complaint that Officers A or B behaved in an improper manner because of the Complainant's race, which seems not to have been brought into the situation at all at the time the citations were written. The PCRB finds that the Complainant seems to have no complaint about Officer B, except in allowing Officer A, in an off-duty status, to enter into the situation when Officer B was gathering information preparatory to issuing traffic citations. The main thrust of the complaints is against the behavior of Officer A. The Complainant believes that Officer A should not have inserted himself into the situation. However, the adopted policies of the ICPO Rules and Regulations (Section 345.14) and the ICPD Policies and Procedures Manual (Leg-05-01 IV. C-2) do provide for the off-duty conduct of officers, and it does not appear that the conclusions of the Chief of Police's Report can be considered to be unsupported by substantial ~ evidence, nor that the findings are unreasonable, arbitrary or capricious, ~ )Qat ~ the findings are contrary to an ICPD policy or practice or any federal, stat~ocar. . 0:> law. n-< - =--:jO 0'\ _-< r-- ;-- Sf] ;g ~^ ~ en 11 ~ i fT] ..-. \..J Complaint #05-03 Allegation # 1: "Improper Conduct" is not sustained. Allegation # 2: "Differential Treatment" is not sustained. Comment The Police Citizens Review Board considered ICPD General Order Number 00-05, "Off-Duty Conduct: Powers of Arrest"; ICPD General Order Number 99-07, ''Traffic''; and ICPD General Order 01-01, "Racial Profiling" in coming to its conclusions. ...., Q = = "" ~o -n J>==\ rT1 -n CD / - r-,-' r- '. / (]"\ -n -l,"~ rn -<~. ~ . 'fT' r-1 022 -'" v :2::^ r:-;> )> N (]"\ MINUTES lOW A CITY BOARD OF ADJUSTMENT FEBRUARY 8, 2006 EMMA J. HARV AT HALL-IOWA CITY, CITY HALL P,e..-\ ;(Y\.~(\ClA' 1- mJ MEMBERS PRESENT: Carol Alexander (arrived at 5:04), Karen Leigh, Michelle Shelangouski, Ned Wood, Michael Wright MEMBERS ABSENT: NONE STAFF PRESENT: Robert Miklo, Sarah Walz, Sarah Holecek OTHERS PRESENT: Tim Terry CALL TO ORDER: Chairperson Leigh called the meeting to order at 5:02 PM. CONSIDERATION OF THE JANUARY 12.2005 BOARD MINUTES Wright said there is a mistake on the second page of the minutes, fifth paragraph, instead of Doub it should be Doug. MOTION: Shelangouski moved to approve the minutes with the approved corrections. Wood seconded the motion. Motion passed with a 4:0 vote. SPECIAL EXCEPTIONS: EXC06-00001 Discussion of an application submitted by Willowwind School for a special exception for a school of generalized instruction and a reduction of the rear setback from 50 feet to 38 feet for property located in the High Density Single-Family Residential (RS-12) zone at 950 Dover Street. Walz said that general educational uses are allowed in the RS-12 zone by special exception. Walz said the building was originally constructed as a church and was later used as a Moose Lodge. She stated that a portion of the building is currently rented by the Moose to Faith Holiness Apostolic Church. Walz said there are specific requirements in the code for general education facilities in that zone. She noted that the proposed use must not have a significant adverse effect on the livability of the adjacent residential uses. Walz stated that in the staffs view the proposed use will not have significant adverse affects on the livability of nearby residential uses. She noted that Willowwind School operates on a similar schedule to the Iowa City public schools. Walz said the transition to an educational use will not result in any change to the building size or any expansion of the parking lot as it has been established. A second requirement is that vehicular access to the proposed use is limited to streets with a width of minimum 28 feet. Walz said that vehicular access to the school will be along a collector 2 street, Dover, and an arterial, Muscatine, which both meet the minimum requirement of 28 feet specified in the code. She noted that with the previous special exception for this property, neighbors expressed some concern regarding the volume of traffic on Muscatine Avenue and the limited visibility on Dover Street due to the curve north of the entrance to the property. Walz said on-street parking has been restricted along Dover Street in order to maximize visibility at this location. She said the existing traffic control at the Dover/ Muscatine intersection has been evaluated by traffic engineers and has been determined to be appropriate. Walz said that the proposed use must be designed to be compatible with adjacent uses. She added that in 2000 the Board of Adjustment granted two special exceptions for the property to allow the building to be used as a church and full-time daycare facility for approximately 35 children. Walz said that at the time these special exceptions were reviewed, neighborhood residents expressed concern about the lack of sidewalks connecting Muscatine Avenue directly to the property as well as traffic safety issues along Dover Street and Muscatine Avenue. She noted that both special exceptions were granted subj ect to screening requirements for the parking lot and construction of a sidewalk along the Dover Street right-of-way from Muscatine to the property entrance. While a religious group has rented space in the building for the past five years, the daycare center was never developed at this site and the required modifications were never installed. Walz said that it is also required that the use comply with the multi-family site development standards. She noted that, according to the design standards, any portion of the parking lot that is visible from Dover Street should be screened to the S2 standard. She said the screening between the parking lot and neighboring yards is appropriate, but the screening in the front should be brought to S2 standard as specified in the code. She added the parking lot may be required to have some additional trees and landscaping to meet design review standards. Walz said the minimum setback requirements are exceeded on all sides of the building with the exception of the rear setback, which is approximately 40 feet, where a 50 foot setback is required. She noted the setback requirements are intended to provide space in order to buffer adjacent property from the more intensive use that such facilities generate. Walz said the new zoning code requires that new structures intended for such uses provide off-street parking at the rear, which is one of the reasons for the larger rear setback requirement. She said the parking on the property is already established as a nonconforming accessory use in front of the principal building. She added the back fayade of the building is blank, and Willowwind has indicated that this portion of the property will be used only as an emergency exit and will not serve as a designated play area for the students. Walz stated the topography of the site, combined with the existing privacy fence along the property line provides an adequate buffer, screening these properties from the additional noise and traffic generated by the school. Walz noted that in addition to the specific standards required for a general education facility in the RS-12 zone, there are general standards that are always applied when considering a special exception. The specific proposed exception will not be detrimental to or endanger the public healthy, safety, comfort or general welfare. Walz said there is adequate vehicular access and parking necessary to support the proposed use. She noted that subject to the applicant constructing a direct sidewalk connection from the current sidewalk end, north of the property entrance, to Muscatine A venue along the east side of Dover Street, staff finds that the proposed special 3 exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The specific proposed exception will 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. Walz said the change to an educational use with limited student enrollment should have minimal effect on surrounding properties. She noted that the school operates during the weekdays from 8AM to 5:30 PM, and thus traffic and noise generated by the school will be limited. She added that existing screening along the rear of the lot and between the parking lot and adjacent property should provide adequate buffer for the neighboring residential uses. Walz said that the establishment oflandscape islands with trees within the parking lot and additional landscape screening as spelled out in the multi-family site development standards will minimize the visual effect of the large parking lot and bring the site closer to conformance. Establishment of the specific proposed exception will 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. Walz said that the surrounding properties are already developed, and the proposed exception will not impede the normal and orderly development and improvement of the surrounding property. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Walz said that the vehicular access to the property via a collector and an arterial street meets the requirements for educational uses established in the RS-12 zone. She noted the construction of a sidewalk will ensure safe pedestrian access to the property. She stated that a fire lane will need to be identified along the building to provide access for emergency vehicles. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. Walz noted that on-street parking has been restricted along Dover Street in order to maximize visibility at that location. She said the existing traffic control at the Dover/ Muscatine intersection has been evaluated by traffic engineers and has been determined to be appropriate. 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. She noted that with the addition of the sidewalk access to Muscatine, and appropriate screening of the parking lot, the property as it exists is appropriate for this use. Walz said that the applicant is required to submit a site plan to the building official for review and will be subject to all other requirements of the Zoning Code. She added the site plan must meet the Construction and Design Standards for off-street parking, including proposed traffic circulation on the site, designation of an emergency vehicle/fire lane along the building, and parking layout and landscaping requirements. The proposed use should be consistent with the Comprehensive Plan as amended. She noted that the use of the property as a school complies with the intent of the Comprehensive Plan. Walz said that staff recommends that EXC06-00001, an application for a special exception allowing a general educational facility in the High Density Single-Family Residential (RS-12) zone and a special exception allowing a reduction of the rear setback requirement for a general educational facility in the RS-12 zone be granted subject to submittal of a site plan ------_..,._~._-----_.,--_..__.,-'-~._---'-_.._~-_._----_..._.__.._.__."_._------"~-- 4 demonstrating sidewalk construction along the east side of Dover Street connecting the current sidewalk to Muscatine; landscape screening along the front of the parking lot on Dover Street; and a proposed parking layout, traffic circulation, and landscaping on the site, including identification of a designated fire lane. Public Hearing Opened Tim Terry, president of the Willowwind Board, said that they are delighted to have the opportunity to petition for this exception. He stated that the school will be an enhancement to the neighborhood. He said that they are prepared to comply with all the requests ofthe City. Public Hearing Closed Wood said he is very supportive of school moving into neighborhoods. However, he said that his concern relates to the traffic situation. He said that when the plan was initially made for the 35 children full-time day care facility there was some concern regarding traffic. Wood said that the current plan is for twice as many students and the traffic issue will increase. Walz said that the traffic engineers did not foresee any problem with the control on that street intersection. She acknowledged that the area is a heavily traveled and that as the city grows and public school enrollments grow, the traffic will continue to grow, even without the proposed school. Traffic engineers will continue to monitor the intersection and are prepared to manage any changes for traffic safety as needed. MOTION: Wright moved that EXC06-00001, an application for a special exception allowing a general educational facility in the High Density Single-Family Residential (RS- 12) zone and a special exception allowing a reduction of the rear setback requirement for a general educational facility in the RS-12 zone be granted subject to submittal of a site plan demonstrating sidewalk construction along the east side of Dover Street connecting the current sidewalk to Muscatine; landscape screening along the front of the parking lot on Dover Street; and a proposed parking layout, traffic circulation, and landscaping on the site, including identification of a designated fire lane. Alexander seconded the motion. Alexander will vote in favor. She said it does not appear that the proposed exception will have significant adverse effects on the livability for the nearby residents. She added that the similar schedule to the Iowa City schools will increase the traffic at the same time, but in relatively confined times. The building has always been used for institutional purposes, and having a school will not represent a big change. Alexander said that the sidewalk will help with the safety concerns. She mentioned that the streets meet the minimum requirements of 28 feet width. Alexander stated that the traffic engineers have evaluated the existing traffic control and decided that it is appropriate. She said that there were some issues regarding the parking lot which can be resolved by the use of landscape. Alexander said that in terms of the rear setback, the intent of the code is being met. She stated that there is no evidence that the proposed exception will be detrimental to or endanger the public health, safety, comfort or general welfare. She said that the vehicular access is adequate and parking exists to support the use. She added that it will not be injurious to the use and enjoyment of other properties, or substantially diminish or impair property values. She said that the surrounding properties are already developed, so there should be no issue regarding the development of the neighboring properties. Alexander said that the utilities, drainage and access roads are appropriate. 5 Wright said that he will vote in favor of the application. He said that the specific standards are met. He said there are several letters from surrounding residents that support the establishment of the Wilowwind School at that location. He noted that the sidewalk issue will be addressed, and vehicular access is appropriate to standards. He noted that the general standards are also met. Wright said that a fire lane will be identified, and a site plan will be submitted for review. Leigh will vote in favor for the reasons already stated. Wood will vote in favor. He said that it will not be detrimental to or endanger the public health, safety, comfort and general welfare subject to the construction of sidewalk. He said that it will not be injurious to the use and enjoyment of properties in the immediate vicinity, particularly with the establishment of landscape islands. He said that the utilities, access roads, drainage and other facilities are provided, the egress and ingress are appropriate, and the use is consistent to the comprehensive plan. Shelangouski will vote in favor for the reasons already stated. The motion passed with a 5:0 vote. OTHER: Leigh will not attend the March meeting. Alexander said that the Board should agree on a communication method to notify Staff if they are not able to attend a meeting. She said that she always comes to meetings unless she notifies Miklo. The Board decided that a 24 hour notice is preferred, and unless a board member sends notice of a planned absence it should be expected that he/she will be in attendance. ADJOURNMENT The meeting adjourned at 5:35. Minutes submitted by Bogdana Rus. I I I Board of Adjustment Attendance Record 2006 , I i 1 Term Name Expires 01/11 02/08 I Karen Leieh 01/01/07 X X I Carol Alexander 01/01/08 X X Michael Wrieht 01/01/09 X X Ned Wood 01/01/10 X X I M. She1angouski 01/01/11 X X I , Key: I X = Present I 0 = Absent I OlE = AbsentlExcused NM = No Meeting G[] ~ Iowa City ~Public Library DRAFT BOARD OF TRUSTEES Minutes 5:00 pm - January 26, 2006 2nd Floor Board Room David VanDusseldorp, President Unzee McCray I Vice President Thomas Dean William Korf Thomas Martin Meredith Rich-Chappell Pat Schnack, Secretary Leon Spies Tom Suter Agenda item 3A Members Present: Thomas Dean, William Korf, Tom Martin, Linzee McCray, Meredith Rich- Chappell, Pat Schnack, Leon Spies Members Absent: David VanDusseldorp, Tom Suter Staff Present: Barb Black, Maeve Clark, Susan Craig, Debb Green, Heidi Lauritzen, Kara Logsden, Elyse Miller, Patty McCarthy, Hal Penick Call Meeting to Order McCray called the meeting to order at 5:00 pm. Public Discussion Mr. Ray Robinson asked that the Library designate specific areas where cell phones may/may not be used. Approval of Minutes The minutes of the regular meeting of December 15, 2005 were approved after a motion made by Korf and seconded by Rich-Chappell. Motion passed 7-0. Unfinished Business A. Leased Space Update/Approve lease for New York NY Deli: The lease for the proposed upstairs tenant New York NY Deli is scheduled to be officially approved at the 2/13/06 City Council meeting. This kind of proposal must have at least two hearings at City Council before it comes to a vote. We believe New York NY Deli will be subleasing part of the space. One council member wondered why we wouldn't lease this directly. Craig explained that we would prefer one responsible party. We must approve all subleases. The Board had no questions or concerns regarding the Deli lease. -----------_.._--------_._--~-._--~----_...__._~-_..~-.---------_.,_.~---_._-- Agenda item 3A Page No 2 Primus lease: Eric Goers, City attorney, is working on an agreement between Primus and the City of Iowa City to cancel their lease. Primus, citing a change in corporate direction, decided not to inhabit the space in the basement, even after bathrooms and other improvements were made. Hanick does have a party interested in the basement. Any official agreement will have to be approved by the City Council. B. Extend agreement with realtor, Kevin Hanick. The contract with our realtor, Kevin Hanick, will expire in February 2006. This contract has been extended before. Schnack made a motion, which was seconded by Martin to extend Hanick's contract for six months until August 2006. Motion passed 7-0. C. FY07 Budget The Citizen's Summary of the FY07 budget as prepared by the City Manager and sent to Iowa City City Council was distributed. Budget meetings are underway; ICPL's meeting is scheduled for 7: 15 pm on Monday night. In preparation for this meeting with City Council, Craig asked how Board members wished to follow up on the two Library budget items that were not recommended for FY07. Board members felt strongly that Council hear that the expanded hours proposal was in response to the strategic plan, which is a reflection of what the community wishes. The Board wanted Council to know that these budget initiatives are a good value for the money. Additionally, it should be noted to Council that the public would really like more hours than those proposed in our budget. VanDusseldorp and Craig will present, but all Board members were encouraged to attend the budget meeting. Schnack would like the parking issue to be raised at the meeting on Monday night. There is concern about the impact of an open Plaza Towers building on parking availability in the Dubuque Street ramp. Craig will talk to VanDusseldorp about this. The Library is monitoring and paying attention to this important issue. There is good budget news: Craig states that the City of Iowa City budgeted for a higher increase in healthcare costs than the provider says will be needed. Additionally, due to an increase of 16% in property vaiues, if levies do not change, there will be additional tax money. The City Council has policy decisions to make about these issues. New Business Review of Board Policy #802 - Confidentiality This policy was reviewed. Dean was concerned that the new language made it sound like we would be too compliant with federal requests. Others also questioned the new language. Spies suggested looking at the Madison, Wisconsin Public Library policy. New policy language was discussed. Craig suggested that we work on the policy language and bring revisions back to the Board. Spies made a motion to table the item until next meeting, which was seconded by Dean. Motion passed 7-0. Review of Board Policy #704 - Use of Cardholder File The Board reviewed policy on Use of Cardholder File. Spies made a motion to approve the policy that was seconded by Rich-Chappell. Motion passed 7-0. Spelling Bee Sponsorship Trustee Spellers is the name of the ICPL Library Board spelling bee team, which is sponsored from gift funds. Rich-Chappell made a motion to approve sponsoring the team, which was seconded by Spies. Motion passed 7-0. Agenda item 3A Page No 3 FY06 Strategic Plan Report The Board was impressed with many aspects of the strategic plan six-month update, including the number and kinds of partnerships and the annual fund increase over last year. Schnack would like to help Children's and Adult Services with some of the "tween" programming. Staff Reports DeDartmental ReDorts: Adult Services, Circulation, and Information Services Adult Services report. There was discussion about community service volunteers. They are typically court mandated and their associated job descriptions identify restrictions e.g., a person who was convicted of stealing cannot work at The Book End because of the money component of those jobs. Most community service volunteers are hardworking and capable. We have had community service volunteers stay on as regular volunteers. Korf asked about e-audio and when it will be available. We are still waiting for word from the vendor. Circulation Services report. Hours during the recent holidays were discussed. Dean wondered if there was any interpretation of the statistics about the Library closure on 12/25-26. It was noted that the Library does nearly the equivalent of two days of business the day after the holidays and that patrons would likely use the Library on 12/26. We received a few complaints about fines incurred due to reduced hours on Saturday. Foundation ReDort. Ginsberg Jewelers is having an everything-must-go sale on Saturday from which the library will benefit by one-third of the profits. It is hoped that a good turnout will help spark an annual event that includes other businesses. Spies stated that other non-profit organizations are keeping an eye on this event and its success. The Annual Fund has passed the $50,000 mark. Seventeen teams have registered for Iowa City Spells on 2/7/06. University Heiahts UDdate. Craig spoke with the Mayor of University Heights today. She appointed a library committee, consisting of two persons from University Heights Council and two persons from the community. Minor revisions to the contract may come back to ICPL Board. Changes would need the approval of Iowa City and Coralville Public Library Boards. President's Report The March Board of Trustees meeting has been set for March 30, 2006. Announcements from Members Schnack said that she saw Spies on NBC's Dateline. He discussed a high profile murder case in which he was involved. Committee Reports Foundation Members Martin reported that the Foundation Board met on Wednesday, 1/25. The Book End reports that the facility is cleaner than it's ever been thanks to Michael Lensing, who generously donated a cleaning service. The meeting focused on budget matters and fund raising activities, including Agenda item 3A Page No 4 the Building the Collection event that will be held in May at hotelVetro. After this event the Board hopes to focus on some specific one-time purchases, such as Airpac. Communications None. Quarterly Financial Reports Second quarter receipts. Second quarter expenditures. Second quarter gifts and bequests. Quarterly Use Reports Six month output measures. ICPL is the single busiest library building in the state in number of visitors and circulation. Six-month circulation by area and agency. Six-month circulation by type and format. Modest decreases in circulation, typical after the grand opening year, were noted. The number of reserves is up. As this is a staff-intensive service, self-check helps by giving staff time to handle more reserves. Internet usage is also up. Disbursements Visa Expenditures for December, 2005 were reviewed. Disbursements for December 2005 were approved after a motion by KOrf and seconded by Spies. Approved 7-0. Set Agenda Order for February Meeting Policy reviews: Confidentiality policy Discussion rooms Setting hours Nominating committee appointed Cell phone use (review current policy) Adjournment The meeting was adjourned at 6:14 pm. Respectfully submitted, Elyse Miller Board or Commission: ICPL Board of Trustees ATTENDANCE RECORD CALENDAR YEAR 2006 I I ~ Meeting Date i I Name Term 1/26/06 2/23/06 3/30/06 4/27/06 5/25/06 6/22/06 7/27/06 8/24/06 9/28/06 10/26/06 11/16/06 12/28/05 I ~xp. .. _......... m........_.._......... .c. .... Thomas Dean 7/01/09 X I Bill Korf 7/01/09 I X I I I Tom Marlin X I Linzee McCray I 7/01/09 X I Meredilh X I Rich.Chaooel I Pal Schnack 7/01/07 X i I Leon Spies X i I Tom Suter 7/01/07 0 I ! Dave VanDusseldoro 7/01/07 OlE KEY: X = Present 0 = Absent OlE = Absent/Excused NM = No meeting --- = Not a Member IJE[J MINUTES HISTORIC PRESERVATION COMMISSION THURSDAY, FEBRUARY 9,2006 LOBBY CONFERENCE ROOM PRELIMINARY MEMBERS PRESENT: Michael Brennan, Richard Carlson, James Enloe, Michael Gunn, Michael Maharry, Mark McCallum, Justin Pardekooper, Jim Ponto, Tim Weitzel MEMBERS ABSENT: Jan Weissmiller STAFF PRESENT: Sunil Terdalkar OTHERS PRESENT: Brad Eldeen, Brenna Eldeen, Shelley McCafferty CALL TO ORDER: Chairperson Weitzel called the meeting to order at 6:02 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ITEMS FOR CONSIDERATION: Certificate of Appropriateness: 1201 Sevmour Avenue. Terdalkar said that this is the second application for a project at this address. He added that this property is a contributing structure in the Longfellow Historic District. Terdalkar said this application is for a two-story addition at the back of the property, with the approximate footprint size of 26 feet by 24 feet. McCafferty said the owners and the builder's representative were present at the meeting. She said this is an application for an addition, as well as some modification to windows on the west side of the existing house. McCafferty said that the back of the house has been changed from the original; the dormer was added and patio doors were added, so that there are not really any significant features on the back of the house at this time. She said the owners want to expand toward the south with an addition to give additional bedrooms, a larger kitchen, and a sun porch. McCafferty said that because of interior remodeling and reconfiguration of the rooms, the owners would want to change the windows on the west side of the original house. She said that the bathroom window would be moved further to the south, and the owners would like to install taller casements on the master bedroom for privacy reasons and for flexibility with the spacing of their furniture. McCafferty pointed out that also on that side are currently two double-hungs at the attic level that do not meet egress requirements. She said the owners would like to replace them with casement windows designed to look like double-hungs. She said double-hung windows meeting egress on the upper story would be so large that they would be out of scale with the house. McCafferty said that on the back side of the house, there is a little room at the end of the gable where the owners would like to install a circular window in the end of the gable. She said that it is not really typical for a Tudor revival house, but the neighboring house has a round window in Page 2 the gable end, so that there is a precedent for the round window. McCafferty said there is also a round window in the arched door. Weitzel said that there is a round window in the house at 415 Clark Street, the house on Seymour Avenue, and in some houses in Manville Heights. McCafferty said that the materials would comply with the guidelines. She said that either fiber cement board or cedar shingles would be used for the siding. McCafferty said there would be wood window and door trim to match the existing, and the metal clad double hung windows with muntin bars on the exterior. She said that the foundation is concrete, so there will be no issue with matching brick or stone. Maharry asked about the reasoning for the size of the windows on the south elevation compared to the windows on the rest of the house. McCafferty said the owners wanted more light into that area, so she added a transom, while continuing the line of the window head around, but adding the transom on top to keep the horizontal consistency. She added that transoms are not uncommon in this style of house. McCafferty said that on the east side, there will be high casements for the dining area, which is common in this style of house. Maharry asked if the Commission had reviewed a lot of certificates for owner-occupied structures in which the application proposed to change out windows for egress. McCafferty said that egress is only required on an owner-occupied house for a remodel, in which case the owner would have to bring the house up to Code, while rental properties have to meet the rental code so that windows have to be changed out as rental permits expire. McCafferty said that the egress requirements just apply to bedrooms, and there is only one bedroom on the first floor. Maharry asked if it is required for this house to change out the windows on the second floor. McCafferty responded that the windows would have to be changed out to meet egress. She said that they were probably installed in the 1980s. McCafferty said the upstairs is basically one big open space right now. She said that putting a bedroom on the one end of the second story would require egress. Maharry asked if the windows on the front roughly match the dimensions on the back. McCafferty confirmed this, saying they are all very similar. McCafferty stated that the pitch of the roof on the addition would match that of the main part of the house. She said that the dormers themselves are pushed back from the end wall to express the gable a little more strongly. McCafferty said that there are no corner boards, so the same treatment will be used on the addition. Weitzel said that it is important to have the motions reflect the wording of the certificates of appropriateness as a matter of due process. MOTION: Enloe moved to approve a certificate of appropriateness for the project at 1201 Seymour, as per the discussion to follow. Gunn seconded the motion. Maharry asked if a handrail was required down from the stairs to the patio. McCafferty said the stairs and the lading are less than 30 inches. Carlson said his question as aiways with these enormous additions is whether the Commission has any say over the size of the addition. He stated that something that basically doubles the footprint of the house does not strike him as something that would meet the Secretary of the Interior Standards. Weitzel stated that the Secretary of the Interior Standards say that an Page 3 addition has to be within scale, match the mass, and be subservient to the original part of the building. He said that is pretty vague, and precedent-wise, there has been little that the Commission has ever done to stop an addition that didn't go all the way to the back lot line. Carlson said that when the guidelines were developed, there was some discussion with the City Attorney about whether or not the Commission could limit the size of the addition. Gunn said the Commission tried to write language allowing a limitation on the number of square feet that could be added relative to the size of the original property to control the scale of the addition. He said the Legal Department said the Commission could not enact such a limitation, as it is too strong a violation of property rights. Gunn said the Commission could control the streetscape and the appearance from the street. He said that since the Commission could not compel a square footage limitation, it ended up doing the best it could architecturally. McCallum said that underlying zoning does limit the size of a house to a percentage of the lot size. Gunn said the Commission ended up with limitations having to do with the square footage of the front fac;:ade. He said they were an alternative to no control on the size of the addition. Weitzel stated that the general prevalence of opinion in town is that people want to be able to add on to their houses and don't want to be told what size the addition should be. He said that one of the final statements of the due process pamphlet is that the Commission's decision has to be a supportable decision by the community in which it exists. Enloe said that even if the Commission cannot have a specific square foot limitation, it still can address the issue of scale. McCafferty read from the Guidelines for Additions under Design, ".. .cannot diminish the character of the historic structure.. . preserve significant historic materials and features, decorative windows, brackets, trim, porches.. .design the addition so that it does not diminish the character of the historic structure.. .distinguishing between the historic structure and the new addition...matching key horizontal Iines...materials similar...placing the addition at the rear of the property.. .setting back from the sidewalls at least 18 inches..." She said that the addition in this case would be set back 24 inches, and she thought the addition met all of the criteria. Enloe agreed with Carlson that he is a little concerned with the 32-foot length of the addition behind a house that is 28 feet long, and it at least raises the issue of scale. Enloe agreed that it met the other criteria. He said it is the screened porch that makes the addition so long. McCafferty stated that the screened porch is used to align the roof with the character of the front. Weitzel said that it does actually break up the fac;:ade there and makes it look smaller. Maharry agreed that if it is broken up, it still appears large, but the shingles don't continue all the way to the back of the built structure. He asked if there are any dimensions that could be cut back. McCafferty said that cutting back the dimensions would de-emphasize the gable, because the dormers would not be set back as far from the front of the house. She said that the scale of that wall will then appear to be larger. Enloe said the transparency of the screened porch does lessen some of his worries about the overall length of the addition. Gunn said the scale looks the most bothersome in plan. Ponto said he feels that to someone going down the street or sidewalk, this will not significantly change the feel of the neighborhood. Page 4 McCafferty stated that the on the west side of the lot is a long garage and retaining wall so that one has no view from the sidewalk to the west. She said that the house to the east has also had an addition to the back so that it has also been elongated. McCafferty said that one would sense very little of this addition from the neighborhood. Enloe said that because it is set back and is semi-transparent at the back, he would not raise an objection to the size of the addition. He said, however, that the other thing that concerns him is the removal of the casement windows in the master bedroom, which would be part of the streetscape and the removal of which would change the aspect of the historic part of the house. McCafferty said the windows were being changed for functional design to add flexibility to the room. She said there is also a privacy issue that the higher windows resolve. McCafferty said that if there is enough concern, she could work on an alternative to that. Weitzel agreed that that the replacement windows would be altering a historic part of the house. He said the Commission would need to evaluate the impact of that on the house and the neighborhood. Weitzel said that it is difficult to see the back two windows from anywhere except for perhaps one angle as one walks down the sidewalk. Enloe said that for potentially allowing a pretty massive addition to the house, he feels it is important to maintain the historic character of the front part of the house. Ponto said he had no problem with putting in a window for the new bathroom where the owners propose to move the small window. Enloe said he would not have a problem with moving the bathroom window either. McCafferty showed a sketch of the owners' alternative proposal, which would rearrange the windows that are there and put two windows in the bed room leaving enough space to arrange the interiors. Enloe said he thought that would be more appropriate. McCafferty said the windows would have the same feel as what is there now but would just have a different arrangement, with one on either side of the bed. The owners said that would be acceptable to them. AMENDMENT TO THE MAIN MOTION: Enloe moved to approve a certificate of appropriateness for the proposal for 1201 Seymour Avenue with a revised drawing for the arrangement of windows on the west elevation of the master bedroom. Gunn seconded the amendment. Carlson said he is still troubled by the size. He said that reading Section 5.1 of the Guidelines refers to not diminishing the character of the structure. Carlson said that part of the character of this house and other houses like it is that it is small. He said that doubling the size is not in keeping with the historic character. Carlson said he is not opposed to an addition to this house but is opposed to an addition of this size to this house. The motion carried on a vote of 8-1. with Carlson votinq no. Minutes for January 19. 2005. Carlson said that on page six of the minutes in the last paragraph, the words "demolition of the" should be added after the words". ..size and the..." He said that on page seven, in the last full paragraph, the word "oriole" should be changed to "oriel." Page 5 Weitzel said that on page three, in the fifth paragraph, last sentence, the word "some" should be inserted between the words "that" and "things." Maharry said that on page two, in the ninth paragraph, the sentence should be completed with ".. .felt it was important to include this fact for her consideration when Svendsen redoes the Preservation Plan." MOTION: Carlson moved to approve the January 19, 2006 minutes of the Historic Preservation Commission meeting, as amended. McCallum seconded the motion. The motion carried on a vote of 9-0. OTHER: Discussion of Annual Historic Preservation Awards. Maharry said the nominations are currently open, but there is a March 151h deadline. He said that nominations should be submitted to Helen Burford. Weitzel added that Burford asked the Commission to go through its minutes from last year and see what it liked of those items that had been approved. Terdalkar said that he had images of all but one or two properties. He added that the announcement for the awards has been posted on the website. Maharry said that one important qualification for an award is that the work needs to be completed. Terdalkar said he should be able to check that through the permit process. Maharry said he did not think there would be as many painting nominations because of the condensed time period for these nominations - from August through spring. He asked Terdalkar if he could put the nominated properties roughly into the categories. Terdalkar said he could put them into the categories of additions, alterations, and new construction. Terdalkar asked if there were any proposals/suggestions for the Margaret Nowysz award. Maharry suggested that McCafferty be considered as a recipient. Maharry asked, since the awards presentation might be fairly short this year, if anyone had suggestions for other items for the program. He said that possibilities include having someone speak to commemorate the 150lh anniversary of Old Brick and/or someone to speak to commemorate the reopening of the Old Capitol. . Maharry suggested having a list for consideration at the next meeting. He said that in the past there have been about 20 total awards, but a lot of those have been for painting. Terdalkar suggested that the subcommittee and Friends of Historic Preservation review the list of possibilities. Weitzel said that he, Maharry, and McCallum were previously on the subcommittee. Terdalkar said that the terms of four Commission members would be expiring soon: one at-large position and three district positions. The Commission discussed two houses, both on Clinton Street. Maharry said that the brick Italianate at 335 South Clinton is for sale, and if someone wanted to buy it, the new owner could demolish it. He suggested that there could be some historic aspect to the building or to someone who lived or worked in the building. .._~~~--,----.--~~._---------_._-"-.-~.__.,""_------- Page 6 Weitzel said that the owner of the brick building at 530 North Clinton wants to raze it and construct a new building on that lot. Weitzel said that the owner of 530 South Clinton is willing to let it be moved. The Commission looked for empty lots in the vicinity to which the house could be moved and discussed the expense of moving such a house. McCallum said that it may be difficult to move a brick building. Weitzel stated that it would be worth looking into. ADJOURNMENT: The meeting was adjourned at 7:16 p.m. Minutes submitted by Anne Schulte --_._-_._---_.._~.~..__..._._._.,".. - _.~,.._--,----_._-_.._-----~--_._----_._-,.._._- Historic Preservation Commission Attendance Record 2006 Term Name Expires 1/19 2/9 M. Brennan 3/29108 X X R. Carlson 3/29107 X X J. Enloe 3/29/06 X X M.Gunn 3/29/07 X X M. Maharry 3/29/08 X X M. McCallum 3/29/06 X X J. Pardekooper 3/29/07 X X J. Ponto 3/29/07 X X J. Weissmiller 3/29/06 0 0 T. Weitzel 3/29/08 X X Key: X = Present 0 = Absent OlE = Absent/Excused NM = No Meeting -- -- = Not a Member MINUTES IOWA CITY PUBLIC ART ADVISORY COMMITTEE THURSDAY, FEBRUARY 2,2006,3:30 P.M. LOBBY CONFERENCE ROOM, CITY HALL PRELIMINARY U[J Members Present: Emily Carter-Walsh, Charles Felling, Rick Fosse, Mark Seabold, Terry Trueblood, DeLayne Williamson Members Absent: Emily Martin Staff Present: Karin Franklin, Marcia Klingaman Others Present: John Coyne, Joan Walker Call to Order Seabold called the meeting to order at 3:35 p.m. RECOMMENDATION TO THE CITY COUNCIL: Bya vote of 6-0, the committee recommended John Coyne's proposal for the Wetherby Park Project. Bya vote of 6-0, the committee accepted the Melrose Neighborhood Art project proposal. Public discussion of any item not on the aaenda There was no discussion. Consideration of the Minutes of the Januarv 5. 2006 Meetina Minutes Felling asked whether the meaning of the term "schedule 80" in reference to the pipe strength should be explained. Franklin suggested adding a parenthetical statement to explain it in more detail after the first sentence where it is referenced. MOTION: Trueblood moved to accept the minutes as amended. Fosse seconded. The motion passed on a vote of 6-0. Neiahborhood Art Proiects Wetherby Friends and Neighbors - recommendation to Council Klingaman introduced John Coyne, who was attending to present his proposal to the committee. She reported the neighborhood association put out a call for the project and received three proposals. The association members met twice to discuss the proposals, then met with Coyne. They decided to proceed with his project. The proposal has also already been discussed with Trueblood and Terry Robinson regarding the impiementation logistics. Coyne said the first page of the proposal details the practical aspects of the proposal. The weathervane shown on page two is a silhouette of Wetherby the photographer documenting the parkland. It is a functional weathervane. Klingaman added that the neighborhood association asked for proposals that included a weathervane that referenced the historical aspects of the neighborhood, while the railing reflected the diversity of the neighborhood. Franklin asked how tall the weathervane would be, whether there had been discussion about making it taller. Coyne said yes; Klingaman, Trueblood, Robinson, and he visited the park with foam board cutouts of the silhouette in both 24-inch and 36-inch sizes. Coyne went to the top of the shelter and held up both sizes, and the group decided the 36-inch figure was more visible while not overshadowing the cupola. Franklin asked if the lengths of the directional arrows would also change. Coyne said he does not plan to change them, but may decide differently when modeling the piece. Franklin said she is mainly concerned with whether the silhouette is large and visible enough. Coyne said the railings would be welded steel, and the current wooden supports on the shelter would be removed and also replaced with steel. The rails would be welded and bolted to the supports. Fosse pointed out that since the floor of the sheiter is iess than 30 inches above grade, the building code requirement for the four-inch spacing might be more lenient. Franklin said there is also concern about children putting their heads through the posts and hurting themselves. Fosse said that is mainly a concern if the drop off is higher. He recommended Coyne investigate it to make sure. Fosse added an advantage to the current design is that there might be prefabricated steel posts available. Seabold said 42 inches is a guardrail height. However, the railing could be as high or iow as needed in the design, as long as the -~'------------'~-----------~-'----'- -_.__.._-----_._.-._-_._._~.._..~_._.__._--------~._-----.'-', ... ----.---------.----------------.----------""..----.- ,., Iowa City Public Art Advisory Committee Minutes February 2, 2006 Page 2 platform is iess than 30 inches above the grade. Coyne asked for confirmation that Seabold said the 42-inch height for the railing is flexible. Seabold said yes. Fosse noted that if Coyne is satisfied with the look of the prefabricated steel posts at the standard sizes, going that route might be the lowest in cost. He said he is pretty sure prefabricated railings are available. Carter-Walsh asked if the rail posts would be cut out around the globes, or if they would go through them. Coyne said the rails would continue through the pieces. The cast aluminum pieces would have boits counter sunk into them, and the backs of the rails would have brackets to hold the two together with bolts. Carter-Walsh asked for confirmation that the globes are designed to be viewed from outside the sheiter. Coyne said yes. Coyne said he thinks the globes should match the height of the weathervane, so they would be close to three feet in diameter. Franklin noted that a 42-inch height on the railing might then be necessary to accommodate them. Coyne said also that the globes would have green and blue patination, refiecting land and sea. The railings would be painted to match, and the upright supports might also be painted. The surfaces of the giobes would be clear-coated to protect against graffiti. He said a newer coating has become more widely available that allows paint and other materials to be removed using a citrus-based solvent, without also removing the coating. That coating is advertised as lasting 20 years. Coyne added that the drawing he provided did not explicitly show the railings on the back of the shelter. The rails there will be longer, and therefore would need support added to their bottoms. All of the rails would be bolted to L-brackets that had been welded to the upright supports. With this construction, individuals would need to employ heavy equipment to damage or dismantle the railings. Coyne said the weathervane would be cast aluminum treated to have an antique look. The figure would be mounted on an encased bearings spool to help it spin easily, as weil as hold up to weather and wear and tear. Felling asked for ciarification on the attachment of the weathervane. Coyne said it would be bolted; everything in the piece would be mechanically attached. Franklin asked if this project could be done within budget, $15K. Carter-Walsh asked if aluminum is less expensive than bronze. Coyne said not necessarily, but it is easier to cast and lighter in weight. He added that the plans for the rails are not fancy, but he sees them simply as a showcase for the globes. He said he has spoken to Hawkeye Weld about the project, assuming the railings would need to be fabricated. Their estimate was reasonable, and using fabricated rails should reduce the cost. Fosse suggested contacting D&N Fence and other similar companies about railings, and to make sure to specify commercial grade, rather than backyard grade. Klingaman said a recommendation is needed at this point to approve the project. MOTION: Carter-Walsh moved to recommend John Coyne's proposal for the Wetherby Park Project to the City Council. Felling seconded, and the motion passed on a vote of 6-0. Klingaman said she is in discussion with Hani Eikadi about painting the ceiling of the shelter, and she would update the committee as that progressed. He believes donations can be raised to cover the costs related to the project. It probably will not be painted in its entirety. The lower area is divided into two sections that would be painted in one style, and the higher section would be painted in a sky and cloud motif. Carter-Walsh asked if he would be doing the painting. Klingaman said no, he pians to have students do it. John Coyne left at this point, 3:55 p.m. Melrose Neighborhood Association Walker said she was there just to give the committee an update on the progress of the Melrose project. The project was approved a year before by the Neighborhood Association, and while much work had been done with the plans, not as much progress had been made as she had originally hoped. Walker distributed a detailed report to the committee members, outlining the progress made to this point. In February 2005 the neighborhood association decided to proceed with historical markers similar to the ones created for the Longfellow neighborhood. The markers would be created by the same artist, Will Thompson, and were originally quoted at $935 each, installed. Walker said in August 2005, the association voted to adopt a design from a window at the Melrose Abbey in Scotland as a symbol for the neighborhood. This symbol would be put on all the markers under the top arch, resulting in a small price Iowa City Public Art Advisory Committee Minutes February 2, 2006 Page 3 increase for fabricating the design. The increased price is currently unknown. It would be an addition to the overall price of the project, and might increase the price of the markers themselves. Walker said the plan was originally to place the markers near Melrose Avenue in the brick between the sidewalk and the street. However, city engineer Ron Knoche expressed concern with that placement being too close to the street. Since then, additional signage has been put up to direct traffic flow along the street, so placing the markers in the brick area would be cluttered. Instead, the plan is now to place the markers on the other side of the sidewalk closer to the properties. She received a map from Ron Knoche showing the rights-of-way and utilities in the neighborhood. The map will be used to determine the locations of the markers, which have not been decided yet. Walker said a tentative list of topics for the text on the markers has been created, and questions about the markers' durability were raised at a neighborhood association meeting in August 2005. Ron Knoche was consulted, and he said the markers would not need a breakaway at their bases since they will be placed farther away from the street, which would increase their durability. After some discussion with involved parties, it was decided the markers should be durable enough to withstand vandalism, and the decision was made to continue forward with the project. The next steps are to write up and edit the text for the signs, determine the number of markers needed, decide on their locations, and get permission to place them there. Walker noted these steps will all take a long time. Franklin asked if the committee would like to endorse the project as currently proposed. That way when the numbers are set, city staff could proceed with the contract and take it to council, provided it stayed within budget. The plans would go forward without having to meet again for future approval. Carter-Walsh said the committee did not have to approve the sign content for the Longfellow project. Felling said the subjects for the Longfellow signs were determined by their locations. Carter-Walsh asked how many markers Longfellow had. Klingaman said there are seven signs for Longfellow, six of which are double sided. Walker said the plan is for the markers to be double-sided with different information on each side. Seabold said that as long as the project is within budget, he is fine with allowing it to move forward. MOTION: Fosse moved to accept the Melrose project as proposed. Felling seconded, and the motion passed on a vote of 6-0. Walker thanked the committee and left at that point, 4:15 p.m. Update on Sculptors Showcases Klingaman reported that the call for proposals for the down town showcase went out, but no responses were received by the deadline date. She plans to make some calls to make sure artists received the call, encourage participation, and she might expand promotion. Franklin added that the same people received it as in the past two years, which might be a factor. Klingaman said pushing the call and submission dates back would make things tight for a June installation in time for Arts Festival. She asked that if any committee members have information on new or upcoming sculptors, to please pass that information to her. She hopes to have some submissions for the March meeting. Klingaman said the call for the peninsula park showcase project has not proceeded as quickly as planned. She hopes to stagger installation dates for the two showcases, so the peninsula might be installed in July or August. That might also encourage student participation, since they would have the summer months to work on it. She added that the pad has been poured, and hopes to have more news at the next meeting. Committee time/Other business Franklin distributed copies of a report listing all Public Art projects and their costs, and a proposal submitted by a member of council to reallocate half of the Public Art budget to Summer of the Arts (SOTA). The proposal also called for two percent of the Public Art budget to be reserved for maintenance, restoration, and other similar costs, as well as for a tour map of the pieces be developed. She noted the committee had already expressed interest in the map idea. Franklin said the only information she had was that the proposal was distributed to the council, and that the council would be discussing budget at a meeting that evening. Also, a public hearing to discuss the budget is scheduled for February 28. She said the public hearing might be a forum for members of the committee to comment on the proposal, if it gains support in the council. Iowa City Public Art Advisory Committee Minutes February 2, 2006 Page 4 Carter-Walsh asked for clarification on point number one of the proposal. Franklin said SOTA requested an increase in the city's funding to $50K for the next three years, with a reduction after that. The city currently contributes $18K to all summer arts activities that now exist under the SOT A umbrella. Seabold asked for clarification of what the SOTA activities are. Franklin said several entities recently joined together, including Arts Festivai, Jazz Festival, Friday Night Concerts, and the outdoor movies. The effort to join the activities was done to economize on administration, marketing, and fund raising. Seabold asked for confirmation that the proposal intended to fund the extra money SOTA had requested. He suggested there might be an event or component that the committee can help with. Franklin noted the proposal was not made by SOTA, or at all generated by that organization. She added that the council has not committed any money to them yet. Seabold asked for confirmation that the Public Art committee routinely spends their whole available budget. Franklin said yes, that is reflected in the report she distributed. She said the council has not yet committed the money for all of the public art projects that are in process, but the committee has submitted them for approval. Seabold said it seems like the committee has good momentum, and the money is being spent for projects allover the city, rather than concentrating in certain areas. The program is benefiting the whole community. Franklin cautioned against an "us versus them" approach. She added that more would be known after the council meeting, whether or not the proposal gained any support. Carter-Walsh asked if Franklin could email the committee members to let them know the results of the budget discussion that evening. Seabold said he thought it would be worthwhile to have the committee present the progress and projects that have been accomplished recently, and their effects. Franklin said a collage of pictures of art pieces the city had acquired was included during a presentation of capital projects. At that time, the mayor suggested putting a similar collage of images of public art pieces on the home page of the city website. Trueblood said the numbers only reflect what the committee has been able to accomplish within their current budget. They do not show what the committee would like to do if more money was available. The proposal targets what is probably the smallest budget, which has already been cut in half. For example, consider the Iowa Avenue Literary Walk, which with the current budget would involve several years' worth of money. Franklin noted when the Literary Walk was proposed, the committee budget was $100K. Also, that project was proposed because it coincided with a major public works project. it was a matter of opportunity. Something of that scale would not happen now, or the project would have been much smaller. Franklin said she would send an em ail update on the outcome of the proposal at the council meeting. She suggested Seabold make a statement at the public hearing as well. Carter-Walsh volunteered to take pictures of art pieces, if needed, for the web page image collage. Klingaman said she does not have pictures of the Steel Garde. Seabold suggested taking pictures of the tiies in the new transportation center. Klingaman reported "Birds in Flight" has been changed slightly. Seabold said an engineer calculated that a schedule 80 pipe would not stand up ina wind storm, so it was changed to schedule 83. Carter-Walsh asked if 83 is larger, or if it would look similar. Seabold said yes, slightly larger, but not enough to affect the look of the piece. Klingaman said she asked the artist if the change was agreeable, and the artist said that would be fine. Franklin asked if the poles were going to be placed in concrete. Klingaman said yes. Franklin asked if there was concern with the water or the plantings along the way. Fosse said there is a plastic tile along the course that would need to be avoided. There is an as-built map of its location. Klingaman said the installation is scheduled for July 1. Klingaman said Mitchell, the sculptor of "Just for Kicks", visited the soccer park and chose a site for the sculpture that is agreeable to park staff. It would be placed at the southeast corner of the green by the parking lot, not in the median but in the greenway. Seaboid said the thought was children could see it up close without having to run across the parking lot. Klingaman reported Poetry in Public submissions are due February 3. The program is gaining popularity, and there are a large number of submissions already. There has been an effort to encourage participation in the junior high and high schools, and more submissions are also coming from the general public. Trueblood said money is budgeted in the next two years for park shelter replacements. He suggested that the committee consider incorporating art into the new shelters. Klingaman said she would pass that information to some neighborhoods that have expressed interest in participating in art projects. Iowa City Public Art Advisory Committee Minutes February 2, 2006 page 5 Adjournment There being no further business to come before the committee, Fosse moved to adjourn, Carter-Walsh seconded and the meeting adjourned at 4:45 p,m, I , I Public Art Advisory Committee ! Attendance Record I 2006 i I I Term I Name Expires 1/05 2/2 I Emily Carter Walsh 01/01/08 OlE X 1 I Charles Felline: 01/01106 X X I , James Hemsley 01/01/06 X X I i Emily Martin 01/01/08 X OlE , I , Mark Seabold 01/01/07 X X I I Rick Fosse X X , i Terry Trueblood X X I , I , I i , Key: i X = Present I I 0 = Absent I OlE = Absent/Excused I NM = No Meeting I I CW = Cancelled due to Weather I i i i , i I I I I I , i i I I I