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HomeMy WebLinkAbout2012-11-27 Bd Comm minutesAd Hoc Diversity Committee, October 29, 2012 1 3b(1) MINUTES FINAL CITY COUNCIL AD HOC DIVERSITY COMMITTEE OCTOBER 29, 2012 HARVAT HALL, 4:00 P.M. Members Present: Bakhit Bakhit, Cindy Roberts, Joe Dan Coulter, Orville Townsend, Sr. (4:07), LaTasha Massey Members Absent: Kingsley Botchway II, Joan Vanden Berg Staff Present: Eleanor Dilkes, Marian Karr, Adam Bentley Others Present: Charlie Eastham, Stefani Bowers RECOMMENDATIONS TO COUNCIL: None. CALL MEETING TO ORDER: The meeting was called to order by Vice Chair Roberts at 4:05 P.M. INTRODUCTIONS: Karr asked that introductions be done as there were new participants present. Adam Bentley was representing the City Manager's office. Others also introduced themselves for the record. APPROVAL OF MEETING MINUTES: Coulter moved to approve the minutes of the October 22, 2012, Ad Hoc Diversity Committee, as presented. Massey seconded the motion. The motion carried 4 -0; Townsend, Botchway and Vanden Berg absent. HUMAN RIGHTS COMMISSION DISCUSSION: Roberts began the conversation by giving Bowers a brief history on what prompted the Committee to ask her to meet with them. Basically the Members would like an overview of what she and the Human Rights Commission do. Bowers then introduced herself to Members, noting that she is the Human Rights Coordinator for the City. Her primary responsibilities are to oversee, investigate, and ultimately make decisions on complaints alleging discrimination that have been filed with her office. She is also the staff liaison to the Human Rights Commission. Bowers continued, noting that the Human Rights Commission is comprised of nine members. These individuals are appointed for three - year staggered terms, so each year three leave and three new members begin. The primary purpose of the Commission is to educate the community on human rights and illegal discrimination. This is done through programming and activities within the community, according to Bowers. The Commission also has the power to make recommendations to the City Council as they see fit. Bowers shared that in fact the Ad Hoc Diversity Committee, October 29, 2012 2 Commission is who made the recommendation that the Council establish an ad hoc committee to review the set up of the PCRB. The discussion continued, with Bowers sharing what the Human Rights Commission has been involved in over the past few years. She stated that in working with immigrant committees within the city, the HRC has worked on making Iowa City welcoming to all. The Commission has developed an immigration subcommittee in relation to this. This subcommittee is attempting to establish whether there are ways the City can be more easily accessible to all citizens, whether through signage, brochures in various language, and generally helping citizens navigate City services when English is not their first language. The Commission has also been taking a look at the African American community within Iowa City, according to Bowers. She added that Diversity Committee member Townsend is the Chair of the subcommittee working on this. She shared some of the activities that the HRC has taken part in, noting that the overall goal is to make newcomers to the community feel welcome and comfortable. Bowers stated that as shown in the annual report, the HRC has been around for almost 50 years now. Roberts asked how Bowers goes about prioritizing these goals with the Commission. Bowers responded, stating that the goals are most likely prioritized according to what initiatives the Commission has at that particular time. Roberts then asked how the public generally finds out about the HRC and that they can file complaints of discrimination with them. Bowers responded that the HRC advertises in several ways — twice weekly in the Daily Iowan and the Press - Citizen classified sections. By doing this they hope that anyone who has been looking for a job, looking for a home, or something similar and feels discriminated against will know what the HRC can do to help them. Ads are also run on City Channel 4, as well, according to Bowers. There are also notices posted in City buses, at the Housing Authority, in the Building Inspection Department; and at the Rec Center, Senior Center, and the Library. Most every City facility should have either flyers or brochures available, according to Bowers. Bakhit asked questions of Bowers regarding the immigrant communities within Iowa City. She responded that a few years ago the HRC's focus was on the Latino community. There were surveys done and public forums held to collect information. This was not just a Human Rights' initiative, but part of a larger group from the community where the goal was to collect information from the various immigrant communities regarding the delivery of City services and suggestions on how to improve these. Bakhit asked Bowers if the HRC has anything to do with Secure Communities. Bowers responded that the Commission made recommendations to the Council late last year on this, but that she does not remember what, if anything, has occurred with this. Dilkes added that the Secure Communities program was reviewed but that the sanctuary city portion is what stopped the Council from moving forward. She further explained why things turned out the way they did, and Townsend interjected his thoughts, noting that they need to better educate the public on why initiatives such as this have not moved forward. Coulter stated that he would like to better understand how the HRC deals with complaints or issues that involve the City, the County, or the State. He added that to better understand the charge of the Diversity Committee, he believes they need to better understand what the HRC has jurisdiction over when it comes to complaints. Dilkes interjected that she believes Bowers should first give the Members an overview of the complaint process. Bowers then explained to Members the steps that the Human Rights Department takes when a complaint is received. First they check to see if the complaint Ad Hoc Diversity Committee, October 29, 2012 or issue would fall under the Human Rights ordinance. Secondly, did the person file the report in the timeframe required. Once those two items are established, according to Bowers, they can move forward. This means notifying the parties involved in the complaint and making plans to meet with them to gather further information. Bowers continued, giving Members a brief rundown of how each complaint is handled, ending with a final recommendation that shows whether probable cause exists. Coulter then stated that the Diversity Committee's charge has to do with complaints or perceptions that there are problems with regard to law enforcement and public transportation. He questioned whether or not the HRC has any jurisdiction to handle complaints against any governmental entity, such as the City, the County, or the State. Bowers responded that Title 2 (City Code) would give HRC jurisdiction over Iowa City complaints; however, if such a complaint were received, she would tell the complainant that the complaint would be transferred to the Iowa Civil Rights Commission, which is the state equivalent of the local office. The reason for the transfer would be to eliminate any appearance of impropriety. Bowers further explained how some complaints would be kept local and not referred to the state level. Coulter then asked if there are any educational programs for the public to better explain these processes and procedures. Dilkes then clarified the role of the Human Rights Department. Townsend added that he knows of several individuals who have filed complaints and were happy with the help the Human Rights Department gave them. On the other hand, for those complaints against the City, Townsend noted that people are glad that the City is not going to investigate themselves, but that the State Civil Rights will do that instead. Bowers continued to explain the functions of the Human Rights Department and how they conduct their investigations. Many of these steps can take significant time to complete, due to the sheer volume of information that is often received. Roberts noted that from her review it appears that employment is the area where most complaints are received. Housing is another area with a high complaint level, according to Bowers. The conversation continued, with Coulter sharing his view of the issues they have before them — police conduct and operation of public transportation. He asked Bowers if there is any data-in these two areas that she could share with the Members. Bowers responded that she is unable to share whether or not complaints have been received, and that the complaints themselves are confidential. Roberts noted that the reason for having Bowers at the meeting was to explain the HRC and its role, and how it might play into the issues the Committee is dealing with. Dilkes further clarified what the Committee has been asked to deal with, and how they shouldn't assume that the HRC, for example, has a complaint process that can handle these types of issues. Townsend stated that the difference here is a 'complaint' versus a 'concern.' Each would be handled differently. Roberts stated that this is basically what the Diversity Committee is dealing with, the concerns that citizens have about these two entities — police and transportation. Dilkes added that the difference too is these concerns typically do not fit the legal definition of discrimination. Coulter asked if the HRC has had much contact with the school system. Bowers responded that they have done programs in the past with the School District, one being about the disproportionality as it relates to African Americans. Coulter then stated that one issue he has heard about is the disproportionality of resources between the east and west sides of town within the school system. He asked if this is the type of issue the HRC would deal with. Ad Hoc Diversity Committee, October 29, 2012 Coulter reiterated his stance that he believes what they are looking for is real evidence that there are disproportionalities in these issues. Bakhit stated that in his experience it isn't just the complaint that is important, but that it is also important for the community to be aware of such violations. Bowers responded that the Human Rights Department does do outreach in the community by providing training on harassment, fair housing practices, as well as City Channel 4 and web site resources. Roberts then asked a question of Bowers regarding possible complaints against the Police Department. She noted that the Police have their own complaint process, as does the PCRB. Roberts asked if a complainant could also come to the HRC with this same complaint. Bowers responded that if they received a call from someone wanting to file a complaint against law enforcement, the Human Rights Department would let that person know of the various complaint processes in place and how they could be contacted. Bakhit asked Bowers what (City Code) Title 2 refers to. She responded that this is part of the City Code, typically referred to as the Human Rights Ordinance. INFORMATION GATHERING SESSION DISCUSSION: Townsend stated that based on the discussion they just had with Bowers, he believes it will be very important for them to let the public know that the upcoming information gathering will only be dealing with issues related to law enforcement and transportation. Otherwise he believes they could end up all over the board with areas of concern. Roberts then spoke to how Botchway plans to make this very clear in his opening remarks. By doing this he hopes to show the public that it is just these two topics — police and transportation — that this Committee is concerned with at the public forum. Coulter brought up the issue of schools and how this keeps playing into each of these areas, and that if someone were to bring up schools at the public forum, he doesn't believe they should consider this out of their scope. Townsend stated that he believes the focus of this first forum should be on what their charge is. Other forums could be used to address a wider range of issues. Members weighed in on what they believe the upcoming public forum should be focused on. Dilkes noted that it will be Botchway's role at the forum to stop those who talk about other issues or concerns. Roberts brought everyone's attention back to the two drafts they received concerning advertising for the upcoming public forum. Karr noted that there are a couple of decisions the Committee needs to make this evening. One is if there needs to be a deadline for comments to the Committee. Members agreed that they would like to leave this date open and not have a deadline. Karr also discussed the title of the handout, noting that Botchway had some concerns with it. Another issue regarding the public forum is having interpreters at the forum. Karr stated that she has been working with the University to get interpreters in Arabic and Spanish, but as of this time they still do not have anyone lined up. She noted that this is one of those things that they should not advertise if they are unsure of getting anyone. Townsend shared his thoughts on this, stating that he believes they should definitely have a Spanish interpreter at the forum, but that they don't need to advertise this on the handout. Coulter stated that he believes they should be able to ask questions of the speakers that night, to help clarify the person's complaint or concern. The conversation continued, with Karr stating that she will add the 'special needs' statement to the handout and will also ask Botchway if he would like to start formulating his remarks so this can be shared with the other Members. Roberts agreed, stating that they need to talk further about how they are going to handle the upcoming forum. The Ad Hoc Diversity Committee, October 29, 2012 discussion then turned back to the handout, with Karr stating that from what she is hearing Members want to go with #2, removing the interpreter availability and adding a statement about contacting the City Clerk with any special needs there may be, and then deleting the deadline for comments from the public. Townsend stated that if any of the Members know of a specific language interpreter that will be needed that night, they should speak up so this accommodation can be made. Karr then stated that the press release for this event will be similar to the handout so whatever changes are made to one will be made to the other. She hopes to get these two items out tomorrow. Karr stated that in speaking to Botchway recently, he brought up his concern of having identified separate times for police and transportation issues in the forum. She stated that she shared with him the group's decision to be flexible and not to restrict times. Karr asked if Members had information they wanted to share with Botchway regarding his opening remarks, as he will be unable to attend the next meeting as well. Some of the statements made included: - Panel members may ask questions to help clarify the information that's being provided; - Giving a basic overview to the public that night, stating what the issues at hand are and how the public can address the Committee; - Summarize each issue after it has been shared; - Repeat these comments throughout the meeting as new participants arrive; GENERAL BOARD DISCUSSION: None. TENTATIVE MEETING SCHEDULE: Karr then spoke to Members about upcoming meetings and possible conflicts. She noted that November 5th, for example, two Members will be absent and that this is potentially their last meeting before the public forum. The following Monday is a holiday, and the forum is on Thursday. Members suggested a November 13 instead. Karr continued going over the schedule, noting further conflicts in November. Members discussed how they should handle this. Roberts stated that she believes they should all meet as a group at least once before the public forum. November 13 at 4:00 P.M. was chosen for a brief meeting. Karr noted that there was a Council meeting scheduled for 513M that day and staff would be leaving the Diversity Committee meeting at 5PM. Members agreed that an hour should meet their needs. Discussion continued on upcoming meeting dates. Members agreed to tentatively schedule 2/7/13 for another public forum at the Library. PUBLIC INPUT: None. ADJOURNMENT: Townsend moved to adjourn the meeting at 5:35 P.M. Coulter seconded the motion. The motion carried 5 -0; Botchway and Vanden Berg absent. Ad Hoc Diversity Committee, October 29, 2012 Ad Hoc Diversity Committee ATTENDANCE RECORD 2012 Key. X = Present O = Absent O/E = Absent/Excused NM = Not a Member TERM o 0 0 0 — -X -L � -� NAME EXP. 0o cfl c0 co -' N CO -A O � -I N .P 00 Cn N N N co C�J1 N Cn Donna 03/10/13 O/ X N N N N N N Henry E M M M M M M Cindy 03/10/13 X X X X X X X X Roberts Joan 03/10/13 X X X X X X X O Vanden /E Berg Bakhit 03110/13 X X X X X X X X Bakhit Kingsley 03/10113 X X X X X X O/ O Botchway E /E Orville 03/10/13 X X X X X X X X Townsend Joe Dan 03/10/13 X X X X X X X X Coulter LaTasha N N N X X X X X Massey M M M Key. X = Present O = Absent O/E = Absent/Excused NM = Not a Member 3b(2) MINUTES BOARD OF ADJUSTMENT OCTOBER 10, 2012 — 5:15 PM CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: APPROVED Larry Baker, Brock Grenis, Will Jennings T. Gene Crischilles, Caroline Sheerin Sarah Walz, Sarah Holecek Terri Larson, Michelle Wiegand, Mary Bennettt, Thomas Fast RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: Crischilles and Sheerin absent. A brief opening statement was read by the Vice -Chair Grenis outlining the role and purpose of the Board and the procedures that would be followed in the meeting. CONSIDERATION OF THE SEPTEMBER 12, 2012 MEETING MINUTES: Jennings moved to approve the minutes with minor corrections for September 12th, 2012. Baker seconded. A vote was taken and the motion carried 3 -0. SPECIAL EXCEPTION ITEMS EXC12- 00010: Discussion of an application submitted by Michelle Wiegand for a special exception to allow conversion of a non - conforming use located in a structure designed for a use that is prohibited in the zone; and a Historic Preservation Exception to modify the site development standards (a reduction in required parking) for property located in the High Density Multi- Family (RM -44) zone at 518 Bowery Street. Walz pointed out on a map the location of the subject property on Bowery Street. She said the property is an interesting relic of Iowa City history and dates back probably to the 1850s.She Board of Adjustment October 10, 2012 Page 2 of 13 said up until the 1970s it served consistently as a grocery store; the last grocery store located there was the first New Pioneer Co -op. She said subsequently it was a retail establishment and then a school. Later it was converted to a single family use —a rental. Walz explained that single - family is not allowed in an RM -44 zone. She said the conversion was done without permits. Walz said the applicant bought this property thinking she could use it as single - family residential and then found out that was not the case. Walz said that recently the City Council designated this property as an historic landmark, which among other things indicates that the City wants to preserve this site. She said that puts some restrictions on how the building can be modified. She said the garage at the rear is not an historic building, and the owner intends to remove that to create parking. Walz said initially the applicant was seeking a range of uses from office to retail to restaurant. She said staff felt strongly that they needed to narrow that down. She said the owner was now seeking a retail use, and the sub - categories they are seeking would be sales- oriented, personal service oriented, or repair. She said staff is recommending only sales- oriented use, which is likely the most intensive of the three categories. She said the first standard the Board has to look at is whether the use will be located in a structure that was designed for use that is not currently allowed in the zone. She said there really isn't a use for this property right now. She said there hasn't been much done to the first floor layout, and the second floor modifications were all done illegally and don't meet building code for ceiling height. Walz said the major issue with this nonconforming request is that the use be of the same or lesser intensity than the existing use. She said in this case the previous existing use not only was not legally established but it wasn't allowed in the zone. Furthermore, it made use of a part of the building that isn't considered habitable space. Walz said due to the size of the property it isn't adaptable as a multi - family residential use, and it doesn't have a clear history. She said any rights to the retail use went away more than 25 years ago. She said along this portion of Bowery Street, on- street parking is prohibited during regular business hours. In the view of staff, the lack of available parking along with the size of the lot and structure puts limitations on what can exist on this property. She said there isn't a lot of room for inventory and there isn't a basement. She said it is staff's opinion that the only reasonable use of the property is as a single - family residential dwelling (efficiency unit) or a limited commercial use. She said in this case because the City has conferred historic landmark status on the property, which preserves the commercial look of the building, it seems reasonable to try and find an appropriate commercial use. Walz said the surrounding RM -44 zone is the highest intensity residential use in Iowa City outside of the Downtown or PRM zone. She said to control that intensity of the use, staff proposed a series of conditions for approval to control those aspects of a commercial use that might detract for neighboring residential properties. Walz said the next criteria for granting this special exception is whether the proposed use is suitable for the subject structure and site. She said given the design of the structure as described in the report, staff feels a small retail sales use is appropriate; again, knowing the site itself is going to place some limits on it that will control the intensity of the use. Walz said that the last of the specific criteria is that the structure will not be enlarged. The Board of Adjustment October 10, 2012 Page 3 of 13 Zoning Code and Historic Preservation guidelines prevent the structure from expanding in any way. In regard to the first general standard regarding health, safety or general welfare, the staff is most concerned with traffic and parking. She said that the spaced needed for the two required off - street parking spaces is available at the rear of the building. The next criteria requires that the use will not be injurious to the use and enjoyment in the immediate vicinity. She said this is where staff wants the Board to consider hours of operation, lighting, glare, noise and particularly that alcohol sales not be allowed. She said establishment of the specific special exception will not impede the normal and orderly development. She said Bowery Street is well developed and staff believes the property can safely accommodate a small retail use. Walz said staff wanted to focus on the retail sales use of the three retail uses the applicant put forward— retail sales is the most intense of the options. She said the property can meet the parking requirements, which are based on square footage of the building. She said allowing two or three uses that can change back and forth over time makes it more difficult for staff to enforce conditions. She said that in staff's view, allowing multiple uses also makes it confusing for the potential users or owners of the property to understand what they are allowed to do with the property. Therefore staff is recommending only the sales- oriented use be approved. Walz said it's also important to note that if somewhere in the future an unauthorized conversion didn't take place, the rights granted through this special exception may be lost. She said once granted, the special exception is a recorded document so any future land owner can find out about this special exception through the abstract. Jennings asked about the parking issue. Walz explained that the property is required to provide two parking spaces and they have proposed to do that by removing the garage. Baker asked what it means by saying that it's harder for the staff to enforce if you grant them more options. Walz said if they are allowed to move back and forth between a series of uses, it's harder for staff to know when there is a change of use on the property. Baker asked if the use was approved beforehand, what would be the enforcement issue. Walz said it becomes more difficult because it becomes confusing to potential users of the property and they don't know the Zoning Code well enough to know when they are treading outside the given use. Baker asked if the Board approves the three possible uses, is it then incumbent on the property owner to utilize the property. Walz said typically the way this works is that the special exception has been granted, and the way that the language reads in the exception is that the Board is approving a use. She said the Board could approve to have the three different uses and then once a use was established, that would become the "current use." Any other use would then require a special exception. For example, she said, they could establish a repair use, but because a repair use is the least intense use, it would be more difficult for them to go backward to a different use, since the other retail uses are typically more intense. She said the special exception is really about approving a single use, not a range of uses. Baker said that even in that one use, if it was retail, there's a range of uses that you could do in that one category. Walz said within the retail use there are different examples of operations that are defined as retail uses. Baker asked if the staff is recommending that they start at the most intense use instead of starting at the least intense and working up to an exception. Walz said if they start with a less Board of Adjustment October 10, 2012 Page 4 of 13 intense use, then it may not possible for them to get a more intense use. She said the way the language reads is "a structure not designed for use allowed in the zone can be converted to another non - conforming use in a different use category or sub - group." She said staff is recommending defining it at the subgroup level. Baker said what if they had a retail use but then they decide that a hair style salon is actually good as a use. Walz said they would have to get a special exception to do that. Baker said that because personal service uses are less intense anyway, it seems like they are setting up unnecessary roadblocks. He said he thinks staff are being too cautious in just restricting this to retail. Holecek said the way the non - conforming special exception is envisioned, you start with the highest intensity use and then as you move from one non - conforming use to another, you have to decrease in intensity. She said if they want to step down, they can, but they have to come back to the Board. She said this also creates a very good track record. Problems start when the history of a property is murky —this makes it very difficult for members of the Board to say if this is less intensity than what we've seen before. Baker asked if they had a retail use but were also approved for a personal service use and went into the tanning hair salon option, would the tanning salon itself require certain licenses and approvals. Holecek said not from the City. Walz said unless they had to change something about the building, say electrical or something structural, it doesn't require permits from the City. Jennings asked if things like food preparation would fall under the purview of other regulatory organizations. Walz said health codes are regulated by other government entities. The retail sales use does allow for some food preparation. Baker admitted he is having trouble understanding why, at this point, they are restricted to one use only. Holecek said if the Board has a wide number of uses it's approving, it makes it more difficult for the Board to actually say they find that this is an appropriate use because it's harder for the Board to articulate what the externalities they are addressing are. Baker said they have guidelines in place for each one of those categories so each category is already limited by existing criteria. Holecek said that in the Zoning Code that is correct. Jennings said because this property was being used one way and then informally changed to another way, there's no history on the record for how the building was used and what its intensity was. He said if the Board approves the most intense retail use and later a less intense use is proposed, then that conversion will be on record as a new special exception. He says it's while it is likely that the Board would approve such a special exception, the fact that the process must be repeated makes the change part of the public record —this, to him, is a better way of managing or tracking the use of the property over time. Jennings asked how the term "cottage industry" is being defined here. Walz said two examples of food preparation that fall under cottage industries are bakeries or confectionaries. She said food sales would be accessory if you were selling food that was already prepared off -site or food that only requires some minimal assembly. Most likely you would not have a full - fledged kitchen except in the case of a bakery. Jennings asked if "cottage" is not being used in terms of similar size structures. Walz said there are cottage industries like an upholsterer or an artist studio. Walz said cottage industries typically have some sort of retail sales on site, but they are not exclusively for on -site sales and Board of Adjustment October 10, 2012 Page 5 of 13 or consumption. Jennings asked if when they said retail they mean on -site retail as opposed to internet retail. Walz said that was correct. Grenis opened the public hearing. Michelle Wiegand, owner of the property, said she is eager to preserve this building. She said the neighborhood has really deteriorated and having some sort of small retail sales building would add to the neighborhood. She said there's plenty of foot traffic: it's on two bus lines and she could see people stopping in for coffee. She thinks it's an exciting use for the building and she would like to see that happen rather than have it torn down and made into apartments. Baker asked if, when she bought the property, it was a direct sale with no agent involved. Wiegand said that was true. She said she bought the property in good faith because her son rented it, and she wanted him to be able to continue to live there. She said she didn't consider selling it until she was told that her son living there was not a possibility. Baker asked what she was originally asking the staff for and what is her opinion of the staff recommendation now to restrict it to retail sales only. Wiegand said her first priority was to save the building, which is why they designated it a landmark. She said she wanted to get some sort of exception to the zoning that would allow a range of uses. She said she has a buyer who is interested in putting some sort of small business in there, like a coffee shop. She said she's concerned about limiting it too much because it would be good to keep as broad an exception as possible just because you don't know what's going to happen down the road. Grenis asked if she felt this proposal limits how you could sell it or whether the potential buyer would be satisfied with this proposal and still purchase this property. Wiegand said if it is just going to be designated retail she thinks there's the option of going back and having another exception if they need to change. She said if they have a retail store in there and go down to a bicycle shop they can never again have retail. She says that does limit it somewhat. She said she doesn't know that it will ruin the sale of the property She said she is willing to accept what staff has recommended, but if she could get a broader exception that would be good. Holecek stated that it's not so much the function of the exception, it's the function of the statue or the ordinance that says if you're going from one non - conforming use to another it has to be of the same or lesser intensity. Baker asked if the Board approved all three and if they wanted to change, would they be going to a lesser intense use at their own discretion. Holecek said the way they have proposed it is, if at their own discretion they decide to go to a lesser intense use they are going to be fully informed in making that step because they will have to come back to the Board. She said it will have to be a very conscientious and voluntary change to go down. She said anyone who would follow after the applicant's buyer will be taking those steps of their own volition. Baker asked if they approved all retail sales, personal services, and repair- oriented uses, and they started out with retail sales and another owner wanted to go down to the personal services, and then years in the future, another owner wanted to go back to retail sales, would that future owner be able to go back. Walz said it may be that a future Board decision would view personal service and retail as equal intensity. She said the difference between retail and repair- oriented Board of Adjustment October 10, 2012 Page 6 of 13 seems more clear because there is a difference in parking requirements. Holecek said it depends upon how one crafts the special exception, so if you would find that the three sub - categories are of equal intensity so that someone could move between them, and not require that movement between those require any special exception, then what Baker says would potentially be true. Baker said there might be a specific use in one of those categories in the future where the specific guidelines for that use would require coming back for that particular use within the category. Jennings asked if the point of clarification is that if the use stepped down and an exception is applied for to step down, could they step back up through a variance. Walz said the code does not allow a use variance. She clarified that a special exception is required, however the Board does not have to see the conversion as necessarily stepping down the intensity. She said someone could apply for something completely different than a retail use - -what they need to show that it is the same or lesser intensity. She said they could transfer into a new use category or a different sub -group with the same intensity. However, she said that because that step has to go through a process, it becomes recognized that a change is taking place and it gives the Board the opportunity to review the level of intensity and any conditions that should be in place. Baker asked if each one of these categories is an acceptable category by itself within the process under discussion. Walz said staff believes that to be so. Baker then asked if it is acceptable to have the three together as an option. Walz said staff is recommending just one use category. Holecek said is an unusual application because typically you have an actual proposed use. She said here you have an unknown, and to try and decide how it's going to operate or what that use is going to be is the reason staff has made the recommendation for the one retail use category. Walz said what the proposed users expectations for how the property might be used something they don't have right now. Baker asked if within the one retail use you could have different kinds of retail use. Walz said that was true and pointed to the examples outlined in the code. Baker said that because retail use is applicable for that location then personal services would be applicable to that property. Walz said that is something the Board has to decide. She said if the Board can do findings, it is the Board's decision, but staff is recommending one use sub- category. Jennings said he appreciates the narrative that Wiegand provided the Board about the history of becoming connected with the property and how she became aware of some of the issues. He said she is trying both to preserve the historic property and find a use that would benefit the neighborhood. Terri Larson, of Lepic Kroeger, said she is the listing agent for Wiegand's property. She said originally they were listing it as a residential unit. She invited Stan Laverman from the Building Department to talk to them about why it could not be a rental. That's when she discovered the condition of the property and position it was in, which was difficult, because you couldn't get a Board of Adjustment October 10, 2012 Page 7 of 13 rental permit unless it was an efficiency permit. She said the only people interested in buying it were people who wanted it as an investment property and wanted to rent it out. She said at that point she wrote to Tom Markus and asked what they could do with this property. She said one of the first questions in real estate is "what is the best use of this property ?" She said it had always been a grocery store and it never looked like a residence on the interior. She said when Wiegand bought it, she assumed she had a rental agreement in place. She said work is now in place to make it an historic landmark. She said the Planning and Zoning Commission was excited about the project and wanted to find out how they could make it benefit the neighborhood. She said she thinks it will make the neighborhood more sellable in terms of rent with a convenience store or a coffee house that is attractive, because many students in the neighborhood don't have cars. She said the potential buyer is not interested in a high intensity restaurant and, as an historic landmark, that is unlikely since you would have to break through the outside of the building to put in ventilation systems. She appreciates that Baker is asking why they are trying to control it so much when all of this is already defined. She said if all of the uses are acceptable, why can't they give them the variety of uses. She said they agree with the recommendation of retail sales because that's the broadest definition and the most intense use. Mary Bennett of 1107 Muscatine Avenue said she is associated with the State Historical Society and has been involved in this project as a private citizen. She thanked Walz for all the behind the scenes work she has done to sort this out. She said she is here primarily to advocate for the property, a charming building that is a reminder of what Iowa City was in the past, and she thinks it's important that they remain flexible in its approach to it. She said when they talk about historic preservation they often talk about adaptive uses, and she thinks that they shouldn't be putting such a tight leash on the potential owners of this building. She said because the economy is unstable, who knows if a restaurant or cafe are viable. She said all kinds of people could find that an enjoyable space for their business or personal service. She said a lawyer or accountant could have an office there. She said making this retail sales limits the longevity of the building because if there's no success of that, they have a complicated bureaucratic process to go through. She said while she appreciates the legal concerns, she doesn't consider the building's history murky. She said it has documented it. She said she knows that none of the owners were corresponding with the City's codes and requirements. She wants to ensure the building's future for the long term. She said she has faith in the potential buyers being dedicated to this building and preserving it and she thinks that no one has the intent to disturb the neighbors. She said they actually want to enhance the neighborhood and the entire Iowa City experience. She said she encourages the Board to vote for these exceptions. Holecek asked the Board if they wanted to close the public hearing, or keep it open and defer until there is a full panel. Jennings asked if they could keep the public hearing open but take the temperature of the Board. Walz said staff has no reason to doubt the people who are before the Board now want something good for that neighborhood. However, what the Board is responsible allows the use of the property in perpetuity. As owners and users change over time, expectations change and that is really where staff is coming from in the recommendations they made to the board Baker said he is willing to support the staff recommendation of limiting this to retail use only, but he would prefer if the rest of the Board agrees that they expand those categories to allow them greater use of the property. He said that each category by itself is applicable so the range of Board of Adjustment October 10, 2012 Page 8 of 13 possibilities in that small area, even though it might change ownership in the future, will make that building a more viable piece of property and maintain it better in the long run. He said he is willing to vote for the staff recommendation but he is hoping that the rest of the Board would consider expanding the categories. Grenis said he too is comfortable in exploring more than retail sales, but he understands the intent and reasoning behind the one use as proposed by staff. Jennings said the rub for him is the long -term implications of such a decision and the uniqueness of the property and the integrity of maintaining the property. He said this is not a comment on the intentions of the applicant —he takes everything from the discussion in good faith and trusts what has been said. But, he is aware that uses, especially in areas that are dominated by highly transient populations, have a way of starting out one way and ending up entirely different. He said that is sort of witnessed by what happened here on this property. It had been turned into a living space illegally and wasn't part of the official record. He said although he doesn't foresee that happening here, a lot of back and forth switching between uses extracts a remarkable wear and tear on a structure. He said he is a bit concerned by having this so broad that it is beyond the Board's ability to say what does or doesn't fit the goal of both preserving the property and serving the neighborhood. Baker asked if the fact that it's in a historic zone doesn't already protects the exterior? Jennings said part of the issue about the charm of this property is not just the exterior facade. He said they have been talking about the unique limitations of the interior, which guide it towards certain uses. Historic preservation and doesn't limit what you can do to the interior. Baker said that's the trade -off that a city makes in regulating properties and that the historic aspect is the exterior. He said he thinks that if you go into the interior of many of the protected buildings in the city you would not recognize them as historic. Jennings said they have seen many badly done interiors, but that's different from a commercial use. He said some commercial uses are very compatible and want to draw upon the unique character or the interior of a space, not just the exterior facade. He said that tanning beds, however, are an acceptable use then that's going to require much the same kind of change as if you put in a full scale restaurant that may require changes to the exterior of the building. He said he's thinking of the in perpetuity aspect and how it would best serve the building, the neighborhood, and allow the property owners the greatest latitude in terms of their right to sell the property and extract the necessary value from it. Baker asked if it would make a difference if they had talked about just two of the uses rather than three. Baker said he thinks the first two uses are completely compatible and workable for this property. Jennings said it's really easy to visualize a quaint baker or cafe or a lawyer's office or something that fits both the categories of retail and personal service. Walz interrupted to explain that a cafe or a lawyer's office are not retail sales uses. She said staff's concern with having a broad list of uses is the clarity of expectations for how the property can be used. Jennings said he understands, but the point he was trying to make was that in the future those uses may generate or create impacts that they don't foresee. He said if they did repair oriented, Board of Adjustment October 10, 2012 Page 9 of 13 it could eventually have excess parts stored outside, or other unsightly conditions. He asked if that is part of what staff's concern is regarding in perpetuity. Walz said in some part it was. Jennings asked if the attempt to limit is not an attempt to infringe upon the property owners or overall restrict the potential use in the future but lacking a specific proposal, the best approach at this point is to limit, and the most beneficial way to limit that in the interest of both the property and the property is to take the broadest category first. Walz said yes, emphasizing that staff was recommending the most intense of the proposed uses. Jennings asked if a motion were to be put forward would the motion be to approve staff's recommendation for approval under sales only, or would the Board amend that to say a proposal to include approval of sales and personal service but not excluding another, or if the Board thinks it would benefit to have a full Board here, because it's going to take all three voting yes. Baker reiterated that he was willing to support the staff recommendation but if the other two members want to not expand the category, he is fine with voting for that. He thought they would need a larger body present to discuss the fact of expanding the uses. Grenis said he thought it would be better to have more Board members present to discuss it. Walz asked the applicant if she preferred to wait or would she prefer to go through with a vote on the staff recommendation. Wiegand said she would like to have it settled rather than defer it. Grenis said although he would like to have more flexibility and options, he would definitely support the staff recommendation. Walz explained to the applicant how the process worked if this were to be approved. Jennings said he is comfortable with the staff recommendation although he would be more comfortable with the expansion of the second if there was more input from the Board and if he had a clearer understanding of what falls within the range of personal services and what staffs concerns are about inclusion of that. Wiegand said whatever the use is, the City is looking at it with one perspective, but whoever goes into this facility is going to look at it from a totally different perspective. She said they will have to cover rent and property taxes and make ends meet. She said the person going in isn't going to set themselves up for failure so there isn't going to be someone going into the facility who needs to rely on car traffic to support it or it isn't in the right location for the clientele they are trying to cater to. She said that the structure itself limits what it's going to be there because no business owner will set themselves up for failure. She asked Walz if a coffee shop, or a small convenience store would count as retail sales uses. Walz affirmed that those were retail sales uses. She said the concern was really with regard to when food sales become more of an eating establishment use, and that's when food preparation becomes clearly the principal use of the property. Larson said she had asked a local bakery owner to assess the use of this property. She said he had gone by the property three times to get a feel for the pedestrian traffic, and he said he Board of Adjustment October 10, 2012 Page 10 of 13 thought this would be a cold spot, meaning a situation where food is prepared somewhere else and brought to this site to be served and sold. Walz said that the space itself is going to self - restricting as to what it can be. Larson said she could see someone who's already a business owner in Iowa City opening up a satellite site here. Grenis closed public hearing. Baker moved to approve EXC12 -00010 with the following conditions: 1. The special exception is limited to a sales oriented retail use only. 2. Any change or conversion from the granted retail sales use must be approved through another special exception. 3. A building permit is required in order to establish the approved retail sales oriented use. 4. The property shall provide and maintain two off - street parking spaces at the rear of the building in accordance with the off - street parking requirements in the Zoning Code. 5. Hours of operation for the use are limited from 6:00 a.m. to 10:00 p.m. weekdays and 6:00 a.m. to midnight on Fridays and Saturdays. 6. Outdoor seating and display of products within the public right of way are prohibited unless a temporary use permit is granted by the City. 7. Signage shall be limited to a fascia or awning sign in compliance with the zoning code standard for non - residential uses located in a residential zone and in compliance with Iowa City's Historic Preservation Guidelines. 8. All outdoor lighting should comply with the lighting standards for residential zones and with the Historic Preservation Guidelines. 9. Sale of tobacco on the property is prohibited. 10. The sale and use of alcohol on the property is prohibited. 11. Food preparation /sales on the site are limited per the definition of retail sales which allows a cottage industry component. 12. The public alley shall not be used for drive -up or drive - through service or for parking for the use. 13. No amplified sound is permitted outside the building. 14. The building may not be expanded without a special exception. 15. Any alterations to the exterior of the building must comply with the Historic Preservation Guidelines. Jennings seconded the motion. Baker said regarding item EXC12 -00010 he concurs with the findings set forth in the staff report of October 10, 2012, and concludes that the general and specific criteria are satisfied. Unless amended or opposed by another Board member, he recommends that the Board adopt the findings in the staff report as Board findings for the acceptance of this proposal. Grenis and Jennings concurred with Baker's statement in support of the findings listed in the staff report. A vote was taken and the motion carried 3 -0. Board of Adjustment October 10, 2012 Page 11 of 13 Grenis declared the motion for the special exception approved, noting that anyone wishing to appeal the decision to a court of record may do so within 30 days after the decision is filed with the City Clerk's Office. EXC12- 00011: Discussion of an application submitted by Thomas Fast for a reduction in the front setback requirement to allow an expanded front porch for property located in the Medium - Density Single- family (RS -8) zone at 1118 Fairchild Street. Walz showed the Board a location map and a photograph of the house. She said there was a porch on the front of the house that had been recently removed. She said the applicant would like to replace the porch, which was failing and probably not original to the house. She said Fairchild Street has an extra wide right -of -way. She said the property line is actually 5 feet inside the sidewalk, so even though the applicant is asking for a reduced setback of just under 10 feet, it is not going to put his porch close to the street or sidewalk. She said it will have the appearance of a 14 -foot setback; a 15 -foot setback is the requirement for the property. Walz said that although the house in not in a historic district and has no historic designation, the applicant agreed to meet with the historic preservation specialist. She recommended that applicant not do a wraparound porch as the house as this would not be historically appropriate to this house. Walz said the applicant is now proposing a front porch without the wraparound section. The porch would be approximately 23 feet wide and 8 feet in depth at its deepest point. This would reduce the setback to 9 feet, 9 inches. She said staff feels this is a reasonable request given the unusually wide right -of -way and the varied setbacks on the frontage. Baker asked if the staff recommendation for an open -air porch precludes the future use of windows. Walz said screens would be allowed but not windows, as an enclosed porch tends to become part of the house. This application is for an open air porch. She advised the Board that if they make a recommendation to approve that they specify that the footprint of the porch is eight feet by twenty -three feet. Baker asked about the historic standards. Walz explained that this house is not held to historic standards because it is not in a historic district and has no historic designation. Grenis invited the applicant to speak. Thomas Fast of 1118 Fairchild Street said his proposed porch is basically the depth of the porch he just removed but then comes out to the edges of the house. He said staff has been helpful to him in choosing what would be most appropriate design for this house. Grenis closed the public hearing. Jennings moved to approve EXC12 -00011 for a reduction in the front principal building setback from fifteen feet to nine feet, nine inches in order to allow the construction of an 8 -foot by 23 -foot open air porch at 1118 Fairchild Street subject to the following conditions: 1. The porch will be constructed and maintained as an open air porch 2. The Planning and Zoning staff will have final approval of the sketches in order to ensure that the final design is compatible in general style in proportion to the house. Board of Adjustment October 10, 2012 Page 12 of 13 Baker seconded. Grenis invited discussion on the motion. Baker said regarding agenda item EXC12 -00011 he concurs with the findings set forth in the staff report of October 10, 2012, and concludes that the general and specific criteria are satisfied. Unless amended or opposed by another Board member, he recommends that the Board adopt the findings in the staff report as their findings for the acceptance of this proposal. Grenis and Jennings concurred. A vote was taken and the motion carried 3 -0. Grenis declared the motion for the special exception approved, noting that anyone wishing to appeal the decision to a court of record may do so within 30 days after the decision is filed with the City Clerk's Office. Walz thanked the applicant for patiently waiting through the hearing for the previous application and for being open to the recommendations of the historic preservationist. She said both the applicant and she herself had learned some interesting things about the history of his house. BOARD OF ADJUSTMENT INFORMATION: There was none. ADJOURNMENT: Jennings moved to adjourn. Grenis seconded. The meeting was adjourned on a 3 -0 vote. W � V w Q Z N Op a w Q � mQ E 0 0 �z w E SDa) E Z 0 CL Q u n z uuw211 XOOz w Y 0 c XX0X0 OX X X X Xxx 0 M Z xxxox Q1 c XXxxx Ln XX i 0X co N X X i x x M co 0 X X i HLU O N r x ; ox N f- (OIt If) M �w 5 .-- O �.-T O O -� O O wa N �� N N N N �X w o 0 0 0 0 a� E N Y _N caUa)cm w U c c O L Z L -j 0 mL1 =SU E 0 0 �z w E SDa) E Z 0 CL Q u n z uuw211 XOOz w Y 3b(3) MINUTES APPROVED HISTORIC PRESERVATION COMMISSION SEPTEMBER 13, 2012 EMMA HARVAT HALL MEMBERS PRESENT: Kent Ackerson, Thomas Baldridge, Esther Baker, Shannon Gassman, Andrew Litton, David McMahon, Ginalie Swaim MEMBERS ABSENT: William Downing, Pam Michaud, Dana Thomann, Frank Wagner STAFF PRESENT: Chery Peterson, Bob Miklo OTHERS PRESENT: John Shaw, Alicia Trimble RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) None. CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:15 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: CERTIFICATES OF APPROPRIATENESS: 1223 Seymour Avenue. Peterson said this property is in the Longfellow District, right across the street from the elementary school. She showed the front of the house, the west side, and the view of the back. Peterson showed the window that would be converted to a door. She said the owner proposes a door with full height glass. Peterson said the deck would be across the back of the house. She showed the addition from which the deck will be extended. Peterson said the addition is not original, as one can tell from the foundation. Peterson said that everything seems to be within the guidelines. She said the information that is missing at this point would be the design information for the railing at the deck, because even though it's acceptable as a new deck, the guidelines refer back to balustrades and handrails. Peterson stated that the other component of this project is a new basement window. She said she is unclear where it goes in, as it is not in the application. Peterson said she had the impression that it would go somewhere in the southeast part of the basement, although she did not know if it was a new opening or if the window well is already there. Peterson said staff feels this is okay to approve with the conditions that the applicant provide material and design information for railings at the new deck and provide design information on the new window well for the window. She added that the new window itself appears to be okay, but she was unsure about the location or what is going on with the window well. Baldridge asked why the Commission would care about this deck on the back side of the building. Miklo stated that the guidelines apply to all sides of the building. He said the idea is to preserve what is seen from the street and what is seen by all the neighbors, so that the neighbors and any future owners of the house will have a house that maintains its integrity. He said there is more flexibility on the back of a house, but it is not ignored. HISTORIC PRESERVATION COMMISSION SEPTEMBER 13, 2012 Page 2 of 8 Swaim asked if the present deck would remain. Peterson confirmed this and said that the new deck would tie into it, so the stairs would be reworked. Baker asked if there would then be two doors to the deck, and Peterson said that appears to be the case. Peterson said that if the Commission approves this subject to chair and staff review, and the owner then plans to fill that in, chair and staff would make sure the siding matches. She said they will also make sure the right trim goes around the new door. MOTION: McMahon moved to approve a certificate of appropriateness for a project at 1223 Seymour Avenue subject to the following conditions: that the applicant provide material and design information for railings at the new deck and provide design information on the new window well for the window. Gassman seconded the motion. The motion carried on a vote of 6 -0 (Ackerson, Downing, Michaud, Thomann and Wapner absent. 614 South Governor Street. Peterson stated that this property is in the Governor /Lucas Street Conservation District. She showed the front of the foursquare house. Peterson showed the back view, where the window would be converted to a sliding patio door and showed where the deck would step down. Peterson said this application came in late, so there is not as much information, and staff would want to follow up to make sure the details on railings and trim would be followed through. She said this application also concerns basement window issues. Peterson said the window well is already there. She said this was a rental property that had egress windows in the basement. Peterson said now the house is single - family, and the owners do not want the egress windows, which were poorly built. She said the owners want to install replacement windows that are not egress windows in the basement. Peterson said everything seems to be in line with the guidelines. She said that staff just needs more information. Baker asked if the patio door would line up with the right side of the second story window above. Peterson showed a sketch that appeared to show that it would not. She said this is a little trickier, because with a wider opening, there will have to be a header and change in the framing. MOTION: Baker moved to approve a certificate of appropriateness for the application for 614 South Governor Street with the following conditions: provide material and design information for railings at the new deck, provide product information for the new patio door, provide product information for basement windows, and a final review and approval by chair and staff. McMahon seconded the motion. The motion carried on a vote of 7 -0 (Downina, Michaud, Thomann and Wanner absent). SECTION 106 REVIEW OF ELEVATOR ADDITION TO 507 E. COLLEGE STREET. Swaim said there is federal money involved in this project. Miklo confirmed this. He said this is something the Commission has not done very often, but whenever federal funds are used, because of the Section 106 Act, there needs to be a review to assure that the funds are not being used in a way that would be harmful to an historic property. Miklo said this includes a property that is deemed eligible for the National Register. HISTORIC PRESERVATION COMMISSION SEPTEMBER 13, 2012 Page 3 of 8 Miklo said the information on this property indicates that, as part of the larger historic district, it would be eligible for the National Register, and therefore the Commission is going through this review process. He said the proposal is to replace an existing ramp for persons with disabilities with an elevator. Miklo said it would be on the west side of the building where the ramp is currently in place. He said the ramp would be removed, and in its place, a small vestibule and elevator tower would be added. Peterson showed the proposal for the elevator tower and the stair structure. Shaw, the architect for the project, showed the plans for the building. He showed what is new, where a concrete ramp would be removed. Shaw said the ramp, in essence, takes pretty much the same footprint as what the replacement will have. Shaw said the drawing shows some lattice work underneath part of the stairway to fill that in a little bit. He said the stairway has to come down out of the first floor, because it is a qualifying egress from that first floor. Shaw said there is an existing door up there now, and it goes down those stairs. He said there is an exit sign on the inside, so it is a qualifying egress. Shaw said there is not really a ground floor in the building, but the floor to which the elevator would go up is the floor where people are seen by professionals at the Community Mental Health Center. He said when there is someone who cannot climb stairs, and most people cannot get up that existing ramp with a wheelchair, arrangements have to be made to see him or her in a separate building. Shaw said this project would solve that problem. Peterson showed the entry where the elevator would be accessed. Shaw confirmed this. Peterson pointed out the vestibule and the elevator itself on the plans. She said the elevator would go from the basement to the first level. Peterson said the stairway, which is exterior and therefore exposed to the weather, is the other way to get up to the first level. Shaw said he did not want to enclose the stairs, because that would essentially mean shutting off all the windows on that west side on the addition. He said that on the north elevation, he has held the elevator hoist way off the building, which allows an entire bank of windows to stay open along that area. Shaw stated that the only historic material to be removed would be on the basement level, where he would want to put a doorway where one comes in to what is the vestibule. He said that would involve the removal of three feet by seven feet of existing wall there. Shaw said that is the only removal of existing material that is part of the historic building. Swaim asked if the door behind the vestibule would be removed. Shaw said that one can't see where the door is going to be removed, because the ramp is in front of it. He showed where back on the wall there would be a portion of the wall taken out to put a door through there at the basement level. Shaw pointed out that the ramp is built in front of it, so that area of the building cannot be seen right now. He said it is directly below the door above. Swaim asked if on all parts of the existing house there is a returning cornice, as on the elevator shaft. Shaw confirmed this. He said he used elements from both the historic house and the addition. Baker asked what is required of the Commission for this item. Miklo said it would be a motion to confirm that this project complies with the standards, if the Commission believes that to be true. HISTORIC PRESERVATION COMMISSION SEPTEMBER 13, 2012 Page 4 of 8 MOTION; McMahon moved that the Historic Preservation Commission finds that this elevator addition to 507 E. College Street complies with the Historic Preservation Guidelines. Baker seconded the motion. The motion carried on a vote of 7 -0 (Downing, Michaud, Thomann and Wagner absent). REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF: Peterson said there were four certificates of no material effect, two with intermediate review, and two with minor review. SUBCOMMITTEE REPORT ON HISTORIC DISTRICTS: Jefferson Street National Register Historic District. Swaim said that there continues to be subcommittee meetings with regard to a potential Jefferson Street District. Melrose Neighborhood National Register Historic District. Swaim said that at the last meeting, the Commission was considering a slight boundary change in the National District. She said that Jean Walker, the neighborhood representative, asked for some time to consult with her executive board members in the neighborhood for their thoughts on that. Swaim read the memo Walker wrote to the Commission, which is as follows: Dear Members of the Historic Preservation Commission, The Melrose Neighborhood Executive Committee understands that you will be voting tomorrow night (9113) concerning delineation of the Melrose Historic District (HD) area that you will be considering for a historic preservation Local Designation. We further understand that you are considering, after consultation with The University of Iowa, that that area would coincide with the HD with the exclusion of 711, 727, and 741 Melrose Avenue. The historic house at 711 has recently been demolished by the Ul but, at our request, they relocated 711's barn nearby. Below are our comments concerning this topic. It was unfortunate that the Ul demolished 711 Melrose Avenue, both because of its historic value and National Register of Historic Places listing, and also because the demolition isolated the historic Melrose Avenue properties at 727 (not owned by the Ul) and 741 (owned by the UI) from the rest of the Melrose Historic District. Both of these properties are Contributing Properties to the Melrose Historic District listed on the National Register of Historic Places, and in fact 741 is a Key Property in this NRHP listing. See attached Site Inventory Forms for the nomination to the NRHP for their interesting histories that are part of the City's heritage. Therefore, exclusion of them from Local Designation should not be taken lightly, especially as they would then be even more vulnerable to demolition by the UI. We understand that cooperation with the Ul in this matter might be important in the Local Designation of the HD, but: HISTORIC PRESERVATION COMMISSION SEPTEMBER 13, 2012 Page 5 of 8 1. We believe that the Ul should give the City and the Neighborhood some reassurances concerning the preservation of the rest of the Melrose Historic District before these properties are excluded from LD at the UI's request. 2. Before the final decision for exclusion of the properties is made, the UI's position should be clarified (concerning their consideration of the Local Designation and its area) by whomever in the Ul has the definitive say in this matter. 3. The Neighborhood would like to know what plans the Ul has for 727 and 741 Melrose Avenue in the future and what they might place there in their stead if they were to be demolished. Such transparency falls under the suggestion by Mayor Hayek at a recent City Council meeting (when the vacation of Melrose Place was approved) that he'd like the Ul and City to work more closely in their planning. 4. The 711 barn should be included in the Local Designation area and the Neighborhood would like to know how the Ul would protect the barn if they demolished 727 Melrose Avenue. Sincerely, Jean Walker Melrose Neighborhood Representative Swaim said that the subcommittee had suggested that the property involved in the new hospital parking lot and the two properties to the west not be included in the local historic district. The apartment building at 741 Melrose is owned by the University and 727 is a rental property. The creation of the parking lot isolated the other two properties from the district. Swaim suggested the Commission vote on the new boundaries. She said that would be the beginning of proposing the boundary through notification of property owners and through neighborhood meetings, in terms of explaining the ramifications of being a local district. Regarding the property at 727 Melrose, Trimble asked if there has been any effort to contact the property owner to get his opinion on being part of a district. She said she thought it should be a consideration whether the property owner wanted to be in an historic district or not. MOTION: Litton moved to approve the redefined boundaries for the Melrose Neighborhood local historic district. McMahon seconded the motion. The motion carried on vote of 7 -0 (Downing, Michaud, Thomann and Wagner absent). Swaim said that last night she attended the Board of Adjustment meeting at which the property owner of 111 and 115 South Governor Street appealed the Commission's decision to deny the owner's application to demolish the two houses at these addresses. She said the Commission's decision to deny the application was based on the fact that the houses were not unsound or irretrievable, and not meeting those standards, there were no proposed plans for replacement structures. Swaim said that after discussion, the vote was four to zero to uphold the Commission's decision. She said it was interesting in the sense that the definition of irretrievable was discussed. HISTORIC PRESERVATION COMMISSION SEPTEMBER 13, 2012 Page 6 of 8 Swaim said the Board's decision was to be based on whether it appeared that the Commission was capricious or arbitrary in its decision and therefore did not follow the guidelines in making the decision. She said the record of the meeting supported the fact that the Commission was following the guidelines and was not arbitrary and capricious. Swaim said there were two members of the public who had been at the meeting who spoke up and said that the decision was based on the guidelines. Swaim said the owner has an opportunity to appeal the decision to District Court in the next 30 days. DISCUSS ANNUAL HISTORIC PRESERVATION AWARDS. Trimble, the Executive Director of Friends of Historic Preservation, said that she and Peterson will compile a list of properties that might be eligible for awards this year as submitted by Commission members, board members of Friends of Historic Preservation, and the public. She said that a date for the awards presentation has not yet been determined, although it looks like the date would be a weeknight at the Public Library or a Sunday at the East Side Recycling Center's Education Center. Miklo asked Commission members to take note of work being done around town, especially restoration work, particularly if it's outside a district, because the Commission has record of those projects within the districts, and to let Peterson know about any such projects. Trimble said that homeowners and contractors are both recognized. Swaim said it is good to have before and after photographs. Swaim asked for volunteers to be on a subcommittee for perhaps one meeting to look at the nominated projects to select properties for the Commission to consider. Trimble said that work on the inside of a building can also be recognized in the awards ceremony. She added that there is a stewardship award that recognizes someone who has done major work, and Miklo said the award goes to people who have done a lot of work over a period of time. Swaim said the Johnson County Historic Preservation Commission also alerts the Commission to rural properties that might be eligible for awards. Trimble agreed that the County Commission is also part of the process. McMahon and Baker said they would be willing to serve on a subcommittee to consider nominated properties. Trimble asked people to let her know about their preferences for the date for the awards ceremony. Swaim said she likes the idea of using the East Side Recycling Center, because people could see the new building and because the Salvage Barn is there. Miklo said there might not be enough room there. He said another option would be to use one of the downtown historic buildings. Miklo said that in the past, the ceremony has been held at Old Brick and also at the Masonic Temple. Trimble said she would check into this. CONSIDERATION OF MINUTES FOR AUGUST 9 AND AUGUST 29,2012: MOTION: McMahon moved to approve the minutes of the Historic Preservation Commission's August 9, 2012 meeting and August 29, 2012 meeting, as written. Ackerson seconded the motion. The motion carried on a vote of 7 -0 (Downing. Michaud. Thomann and Wagner absent). HISTORIC PRESERVATION COMMISSION SEPTEMBER 13, 2012 Page 7 of 8 ADJOURNMENT: The meeting was adjourned at 5.58 p.m. Minutes submitted by Anne Schulte z O O U z O w U) w w CL U w O D) TZ M tr w o0 ca o H� (L) U) li z O to V z O a W U) W w CL C.) rx O I- 0 V W w W N z� aN D z W d N CQ CL p II x0 W Y m HJ 3 K c d Q II W O E O 3 d O 2 <A c a d E O Z u Z M x x x o x x x o x o : o Cl) N X x X x X x LU x X 0 I X co 0 x x X X X X X x V- X X W X x x W O X W O W O I X ti O v V- x x x X x x X I x cc O V o X X X I o o X X o I x X X o X I X o x x X X X M X X X I x X X X X 0 N X O O x I x p X X X X N o x x x I X X X X o X X a X M e} N M M V � N N d' M N We- e- •- e- e- T- T- e- a- a- V- TW W 07 N M O N Cl) O) N M O> N M O) N M O) N M O) N M O) N M O N M O) N M O N M O) N M H w Z Y O w v 0 W 0 ME OD = LU W w LLJ a J Z O Z z N a ZF y C7 w a Z O- a Z 2 a D a U J �_ a a Z a O V LLI m Y z Z d N CQ CL p II x0 W Y m HJ 3 K c d Q II W O E O 3 d O 2 <A c a d E O Z u Z 3b(4) MINUTES APPROVED HISTORIC PRESERVATION COMMISSION OCTOBER 11, 2012 EMMA HARVAT HALL MEMBERS PRESENT: Kent Ackerson, Thomas Baldridge, Esther Baker, Shannon Gassman, Andrew Litton, Pam Michaud, Ginalie Swaim, Dana Thomann, Frank Wagner MEMBERS ABSENT: William Downing, David McMahon STAFF PRESENT: Chery Peterson, Bob Miklo OTHERS PRESENT: RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) None. CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:15 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. CERTIFICATES OF APPROPRIATENESS: 515 Van Buren Street. Miklo said this property is in the Northside Historic District on the west side of Van Buren Street between Fairchild and Church streets. He said the Commission previously reviewed a proposal for a window well on this property. Miklo said that proposal for a plastic window well was not approved; the guidelines call for a window well made of material that is similar to the foundation. Miklo said this is a revised application indicating that the window well would be similar to the foundation materials, but the drawing does not make that clear. He said staffs recommendation is that this be approved subject to the window well actually being made of concrete and finished with a block that matches the foundation. MOTION: Gassman moved to approve a certificate of appropriateness for the application for 515 Van Buren Street as presented with the following conditions: 1) the concrete block used to patch and fill out the foundation wall must match the existing textured block, 2) the divided light pattern of the new window must include vertical muntins in the top sash to match the existing basement windows, and 3) corrected drawings showing the block construction of the new window well must be provided. Male seconded the motion. The motion carried on a vote of 9 -0 (Downing and McMahon absent). REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF: Miklo said he could provide details if any Commission members had questions about these certificates. HISTORIC PRESERVATION COMMISSION OCTOBER 11, 2012 Page 2 of 3 DISCUSS ANNUAL HISTORIC PRESERVATION AWARDS. Miklo said the subcommittee met the evening before and looked at potential award winners to narrow down the list. He showed slides of the properties to confirm which ones the Commission would like to bestow awards on. Miklo asked that the Commission approve the awards as submitted by the subcommittee. He stated that Baker and Alicia Trimble are on the subcommittee and were available to answer any questions and available if anyone wanted to challenge any of the recommendations. MOTION: Ackerson moved to approve the list of properties as proposed for the Historic Preservation Awards. Baker seconded the motion. The motion carried on a vote of 9 -0 (Downing and McMahon absent). Swaim stated that the presentation would be held November 9th at 5:30 at the Public Library. She thanked staff and volunteers for working on the nominations. CONSIDERATION OF MINUTES FOR SEPTEMBER 13,2012: Swaim said the minutes were not included in the packet. Miklo said they would be on the Commission's next agenda. OTHER: Swaim stated that the County Poor Farm is a very interesting building. She asked anyone who would be interested in touring the building to let Peterson know. Swaim said the tour would be Monday, October 22, at 9 a.m. Regarding the hearing for a local Jefferson Street District, Swaim said the public hearing would begin at 6:30. She said she signed as the chair the official letter that went to property owners and also included everyone else's name so that the owners could see that the Commission is a board of citizens. Swaim described the meeting procedures, which would include a staff report, photographs of properties, any Commission questions to staff regarding procedures, and public discussion. Miklo said that after public discussion, Swaim could cite the number of letters received but would not need to get into the content of the letters. Swaim said that after public discussion is closed, it is the Commission members' opportunity to comment as to why they are or are not in favor of this. She said there will then be a vote. Swaim said if the vote passes, the item will go forward to the Planning and Zoning Commission for consideration at one or two public hearings. Swaim said if the district passes there, the designation will go on to the City Council for one or two public hearings. Miklo distributed excerpts from the Historic Preservation ordinance that describe the Commission's role in deciding whether these properties are eligible for local designation. ADJOURNMENT: The meeting was adjourned at 5.43 p.m. Minutes submitted by Anne Schulte z 0 0 U z 0 F d w U O 0 N � M � o OM O o; Z O U) N V Z 0 Q W U) LU IL U R O U) ° Q w w w N c.i ZQ Q N ° Z W i E O z .� ar ao X C W C = C d 07 d m O aaaz II 11 II II XO0z W Y o x x x x x x x x i x M ui x x x o x x x o x o o a) N x X X x X x C x x 0 i X 00 W W W W X X X X X x i X O O O O X X X X X x X X t0 O x x x x x x 0 O O p X x X x X X X X X M X X X X x X x X x x i x O x O x x x N ° ° N X x X 1 X X X X X X M Re N M M V 'e N N v M N CL rn a) a) a) m o) � a) M a) a) a) W N N N N N N N N N N N N H M M M M M M Cl) M M c! M M Z a a Y w J uj q Z3 Z w 0 z Q a a 3= a Q w y Z° Z° Z O w w Z y a Z 0 O Z a ui Z N Z Z 2 a Q J w Y o� 3° o a a m c� E O z .� ar ao X C W C = C d 07 d m O aaaz II 11 II II XO0z W Y 3b(5 MINUTES APPROVED HISTORIC PRESERVATION COMMISSION OCTOBER 11, 2012 EMMA HARVAT HALL MEMBERS PRESENT: Thomas Baldridge, Esther Baker, Shannon Gassman, Andrew Litton, Pam Michaud, Ginalie Swaim, Dana Thomann, Frank Wagner MEMBERS ABSENT: Kent Ackerson, William Downing, David McMahon STAFF PRESENT: Chery Peterson, Bob Miklo OTHERS PRESENT: Helen Burford, Christine Denburg, Susan Futrell, Nancy E. Carlson, Sharon DeGraw, Cynthia Kemp, Cecile Kuenzli, Nathan Marks, Jon McPheron, Jiyun Park, Judith Pascoe, Claire Sponsler, Nialle Sylvan, Charles Thiede, Alicia Trimble RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) None. CALL TO ORDER: Chairperson Swaim called the meeting to order at 6:30 p.m. PUBLIC HEARING FOR JEFFERSON STREET HISTORIC DISTRICT: Swaim explained the procedure for the public hearing. She said that to insure that interested parties have adequate time to address the Commission and that discussion can proceed in a timely matter regarding issues before the Commission, it is the intent of the Commission to observe these procedures. Swaim read, "After introducing the item for discussion, the Chairperson will ask the City Planner for a staff report, then the Commissioners can ask the City staff for any information, and then we will open the issue for public discussion. We will follow three rules. Any questions from the public should be addressed to the Chairperson rather than to another member of the public. Speakers are asked to approach the podium, give their name and address, print their name and address on the form provided, and speak into the microphone, and the Chairperson may place time limits." Swaim said that after public discussion is opened, each person is asked to limit his or her comments to three minutes. She added that after everyone who wishes to speak has done so, there will be a second round of discussion, and each person will be allowed to speak for two minutes. Swaim said that at that time, the public discussion will be closed, and Commission members will be asked to make a motion on the proposal, and the Commission will then discuss the issue and vote. Swaim pointed out that this is the first public hearing on the proposal. She said that if the proposal passes, the issue then goes to the Planning and Zoning Commission for another public hearing, or two if that Commission so chooses. She said that meeting is tentatively scheduled for November 15th. Swaim stated that if this passes at the Planning and Zoning Commission level, then it would go on to the City Council, which can also hold one or two public hearings before it makes its decision. HISTORIC PRESERVATION COMMISSION October 11, 2012 Page 2 of 13 Swaim said it is great to have a good turnout. She said the Commission hopes to have continued good discussion of the issue. Miklo showed slides of the area and properties as he spoke. He stated that the Jefferson Street Historic District was listed on the National Register of Historic Places in September of 2004. Miklo said the proposal before the Commission is to consider whether the National Register Historic District should be designated as a local historic district, which is an overlay on the zoning map. Miklo said if this is approved, this would provide Historic Preservation Commission or staff review of any proposed significant changes to the exterior of properties, although it does not affect the interior of properties. Miklo said that if the Commission recommends approval of the designation, the proposal will go to the Planning and Zoning Commission, and the Planning and Zoning Commission will consider whether the proposal meets the criteria of the Comprehensive Plan. He stated that there are two areas of the Comprehensive Plan that address this particular neighborhood. Miklo said one is the Historic Preservation Plan itself, which, due to the high concentration of historic buildings in this area, does encourage its designation as a local historic district. He said that some of the buildings in the area date back to Iowa City's early history and are associated with the founding of the territorial capital and then the state capital. Miklo said some of the buildings were used as early government buildings, such as City Hall. He said it is clear that the proposal does comply with the historic preservation aspect of the Comprehensive Plan. Miklo said another aspect of the Comprehensive Plan that addresses Jefferson Street is the Central District Plan. He stated that the Plan shows this area as a mixture of institutional uses such as churches and University buildings and a mix of residential and commercial buildings. Miklo said the zoning for this area is MU, mixed use, on the zoning map. He said it was specifically developed for Jefferson Street as a way of encouraging the preservation of current buildings and allowing them to be used for either residential or commercial, thereby being viable in the marketplace. Miklo said that if one walks through the district, one notes several of the buildings have been converted from residential to commercial. He said some of them have commercial uses on the ground floor with apartments or rooming houses above. Miklo said some of them are operated as commercial inns or bed - and - breakfasts. He said that some buildings are operated as religious institutions, and others serve as apartment buildings and rooming houses, and there are still some remaining single - family homes within the mix. Miklo said the zoning that was put in place specifically to allow these buildings to be reused in order to encourage their preservation. He added that although it is not the Commission's charge to consider the Comprehensive Plan, this clearly complies with the criteria that the Planning and Zoning Commission will use. Miklo stated that it is the Commission's charge to determine whether the proposal to make Jefferson Street a local historic district meets the criteria specified in the zoning ordinance for such a district. He said there are two specific criteria that this must meet, with the first being that the area is significant to Iowa City or Iowa or American history. Miklo said the second criterion is that the area possesses integrity of design, setting, materials or workmanship - in other words, the buildings still retain much of their original design and quality and have not been redesigned to the extent that someone would not recognize them as historic buildings. HISTORIC PRESERVATION COMMISSION October 11, 2012 Page 3 of 13 Miklo said there are four additional criteria, and the Commission has to find that the area meets at least one of those. He said it has to meet the first two, for which the Commission has a detailed list, and also has to meet one of the additional criteria which are as follows: that the area or buildings are associated with events that have been significant and have contributed to the broad patterns of our history; the area or buildings are associated with the lives of persons who have been significant in our past; the area or buildings embody distinct characteristics of type, period, method of construction or represent the work of a master and possess high historic values; or the area or buildings may yield information about our history or pre- history. Miklo said the National Register of Historic Places registration form that the Commission has goes into a considerable amount of detail and documentation how the district met those on a national level, and the Commission's charge is to determine whether the district meets them on a local level. Public hearing: Cecile Kuenzli, 705 South Summit, said that she is on the Board of Friends of Historic Preservation. She said she was delighted to hear that the Commission is considering local landmark designation for this area. Kuenzli said the irony of this situation is sort of multiple. She said this district is so beautiful, ironically because the owner of those properties restored them so beautifully that it made one want to be around them and see them and show them off. Kuenzli said that every time she has company from out of town, she takes them down Jefferson Street and around Iowa City's older neighborhoods, and they always say, "Gee, you have such diversity of housing styles here. It's wonderful." Kuenzli said that as we know, properties are disappearing almost weekly to the wrecker's ball. She said one other irony is that a friend of hers was on the University Planning Committee when the yellow and red brick building across the street that is now the Psychology Building was discussed. Kuenzli said the first inclination was to tear down the building, and they decided not to because of the presence of the wonderful houses across the street, so it would be too ironic if something should happen to those houses and they would no longer be there. Claire Sponsler, 413 North Gilbert, said she lives on the North Side and would like to speak in favor of this historic district for the Jefferson Street area. She said that if there is any one area in Iowa City that seems deserving of historic district status, it is this one, not only because of the architecture and quality and variety of the architecture and its history but also because of the people who have lived there and the fact that this is such a visible area of the City. Sponsler said this is a crossroads where so many people pass through Iowa City. She said it is sort of the heart of historic Iowa City, and for that reason it would deserve preservation. Sponsler said she lives in the Gilbert-Linn Historic District and wanted to speak from the perspective of living in a new historic district. She said that district took quite a lot of effort to pass, with many, many tries over many years. Sponsler said that in the end, despite all the opposition, it was a win -win situation that has stabilized the neighborhood and helped everyone who has a stake in the neighborhood, whether landlords or renters or homeowners. She said that experience demonstrates how valuable historic districts can be in preserving what is most valuable about Iowa City. HISTORIC PRESERVATION COMMISSION October 11, 2012 Page 4 of 13 Jon McPheron, 220 East Bloomington Street, said he has lived on the North Side for almost 30 years. He said he inherited a great house from a friend back in 2006. McPheron stated that the whole area is special to him, and the Jefferson area is just adjacent. McPheron said it is important to support this to preserve the existing homes of the North Side /downtown area. He said it is truly an international neighborhood well- renowned around the world. McPheron said we need to slow down some of the creep from the cookie - cutter, large - scale apartment buildings. He said there is no doubt they are solid construction and look nice, but we need to keep things in perspective and kind of slow those down a little bit and not tear down solid, historic buildings. McPheron said one example is the Bostick House and the nearby houses in the Jefferson area. He said they form a pleasant buffer between the main downtown and the North Side Market Square District and allow for the North Side to keep its unique character and its distinct charm. Helen Burford, 528 East College, said that some years back, she spoke to the fact that this area of Iowa City contributes to the economic vitality of Iowa City and the North Side. She said the structures are inherently historic, and it is natural for this to be an historic district. Burford asked the Commission to consider that as recently as two years ago, the University made a significant investment in preserving and rehabilitating Stuit Hall. She said if that is not evidence of the fact that this area is legitimately an historic district for the vitality of Iowa City, because there is a very direct relationship between the benefit of the University and the people who live here and work at the University, she could not think of a better example. Burford said she would not like to see the slings and arrows that have been thrown at the College Green area happen again. She said it is part of the responsibility of us, as emotional as it might be, to make a stand to say who we are as a city and what we want to be thought of as a city. Susan Futrell, 311 Fairchild Street, said she lives in the North Side Gilbert-Linn Historic District. She said she wanted to speak in favor of the proposed new district on Jefferson Street. Futrell said she has been a resident of Iowa City for almost 40 years and has a very strong memory of what the City looked like when she first arrived here and how beautiful and wonderful it was to be in a city with so many beautiful buildings and a mix of uses close to the downtown. She said Iowa City has lost a lot of that in the intervening years, but she is very proud of the way that Iowa City has chosen to make this a place that celebrates the history as well as all the newness that comes in every semester and every year because of the University. Futrell added that it would be ironic in many ways if this district were not designated an historic district, because it is kind of at the heart of what people see when they first come to Iowa City and see the campus and the downtown and the nearby area. She said because we have done a good job of making many of the surrounding neighborhoods historic districts, it would be a significant benefit to put the heart into it in this way. Regarding being in a fairly newly- designated historic district, Futrell said she owns an old house in the district. She said she would characterize the change in her whole neighborhood since the designation mainly as a stabilization. Futrell said it is another mixed neighborhood with not much commercial but a lot of rental. She said the neighborhood has really stabilized into a HISTORIC PRESERVATION COMMISSION October 11, 2012 Page 5 of 13 place where people are feeling comfortable investing in and maintaining their houses, and it has really been a benefit to have that protection. Futrell said she had a porch on the back of her house that was in serious need of repair the year after designation. She said she went through the process of filing for a permit with the Historic Preservation Commission and making sure that what was done was appropriate. Futrell commented that the whole process was very straightforward and went very well. She said she was allowed to do cost - effective things to maintain the structure but still have it look nice. Futrell said she applauds the way Iowa City has dealt with the challenges of maintaining the old neighborhoods and hoped the Commission members would vote in support of the new district. Christine Denburg, 1011 Woodlawn, said she lives at the end of Iowa Avenue on Woodlawn. She said her house was hit by the tornado a few years ago. Denburg said that at that time, the exterior of her house had significant damage, and she had 100 years and more of paint layers on her house. Denburg said that the preservation briefs put out by National Historic Preservation discuss how when paint gets to the point that there are that many layers of alligatoring, if one were to just quickly scrape and put another layer of paint on, the lifetime expectancy of that coat of paint would have been severely diminished. She said that because of having that historic preservation brief and the protection that she was given because the house in on the National Register, her insurance company was all the more willing to pay to strip the paint off of three sides of the house. Denburg said it was something that she would never have been able to afford herself. In addition, Denburg said she had ten -foot tall chimneys that came down — two out of the three. She said the tornado actually helped with maintenance of her house that she herself could not have afforded. Denburg said that when one goes and looks at Iowa Avenue and remembers just a few short years ago when the tornado hit and what happened, that people were really concerned about whether this would go the other way and would these houses be torn down. Denburg said there were a couple of houses that people really did want to tear down. She stated that with the protection of historic preservation, they were strongly encouraged, and the houses were taken care of and rebuilt. Denburg said the integrity of the neighborhood was therefore maintained. Denburg said she looks at the neighborhood, and if there were another tornado or severe windstorm that went into that area, the people who live in those homes would have a lot of protection by virtue of being designated. She said that 15 years ago her house was hit by a hailstorm, and the insurance company totaled her standing seam metal roof, which the insurance company again replaced with another standing seam metal roof, something she could not have afforded on her own. Denburg said that having that historic designation helps us work together when there are problems. She said if anything happened, that would really help all the neighbors be able to put the houses back, and a severe event would not be an event that would really destroy the neighborhood. Denburg said she is a landlord and has three homes in the Longfellow Neighborhood. She said she owned her homes before it was designated as an historic preservation district, and she has really appreciated that. Denburg said she has not had any kinds of problems. She said the HISTORIC PRESERVATION COMMISSION October 11, 2012 Page 6 of 13 housing inspectors have been very agreeable and very easy to work with. Denburg said she has found it to be nothing but a good thing. Denburg said the property values of the houses have gone up. She said lots of people have moved into the neighborhood, and the neighborhood has really been fixed up. Denburg said she just sees it as a very, very positive thing. She said if someone is a little uncomfortable about it being designated, she thinks it is just the idea of the unknown. Denburg said if anyone wants to talk to some of the people who lived in that area during the tornado, they would be more than happy to share their stories. Denburg said what started her neighborhood being protected was a plan for her house to be torn down and replaced with a colonial apartment complex. She said the neighborhood received the designation, and her house was not torn down. Denburg said that when it happens, and it gets stopped, one sort of breathes a sigh of relief. She said now looking back on it, one can't imagine that that could ever have been a possibility. Denburg said that she really hopes the Commission will consider this designation and saving this really beautiful neighborhood. Nialle Sylvan, 1722 Morningside, said she was speaking from a dream built on the idea of Murphy - Brookfield Books being housed in a National Historic Register home. She said she is also speaking to how this neighborhood could be, if it must be changed, and she thinks its current status as longer term housing for University guests has been nothing but a wonderful way to bring culture into the North Side District and to downtown, if it has to be changed, she has an idea for that. Sylvan said she understands from priorities described by City Council that City goals include increasing the presence of independent, locally owned businesses; encouraging more live /work style development and more job growth; and facilitating a more business - friendly environment. She said she likes those goals, and she likes Iowa City. Sylvan said she really likes that neighborhood, and it is beautiful and has been so well -kept. She said she likes owning a business near there. Sylvan said she does not like having to rent property for her business. She said that one long- term problem that she has faced is that all of the property is already owned. Sylvan said she has a few rental options but not very many, and many of them are very highly priced. She said she is in the used books business, which is a business one does not go into to get rich. Sylvan said it is not about wanting to get rid of the North Side block, which has been dramatically improved very recently in very beautiful, historic ways. She said it is about wanting to build up equity and put down roots and take her part in preserving part of Iowa City's history in a way that reflects her business's 34 -year history and sets it up to become, if it isn't already, an anchor store in Iowa City that will have a legacy. Sylvan said the rent she pays now is low compared to downtown. She said, however, if she were building equity in a building and were able to do so at an even lower cost, then she could be prepared to meet future business challenges better. Sylvan said she could expand her work force and have her business located back in a house. She said she likes her current building, but it isn't a home and doesn't have the same feel that the Haunted Bookshop has really striven to have. HISTORIC PRESERVATION COMMISSION October 11, 2012 Page 7 of 13 Sylvan said that as of next year, she would have had enough money saved up to make a down payment on a building of comparable value to the houses on the 300 block of Jefferson Street. She said she would have been able to live upstairs from the business and also allow one of her employees to live in an apartment in that building and still have room to develop the downstairs into a bookstore of comparable business strategy and appearance to Murphy - Brookfield Books, a property that is owned and maintained in accordance with National Historic Society guidelines. Sylvan said when she looked at this, she realized that the Bostick House more or less perfectly fit her vision for what the bookstore is. She said that if the use were to change and she could buy the Bostick House, she could put down roots that would allow her to grow her business to help other businesses perhaps invest in low impact but unusual, unique frontage. She said it would be kind of like the neighborhood on Washington Street that was lost just months ago. Sylvan said it would be a buffer between the downtown district and the North Side District but also a connector. She added that she doesn't know how these things work or if it would be possible or permissions would be needed, but if it were still possible and could be done within both City and historic preservation auspices, it would be a contribution to the preservation of history and to the commercial future of the City. Jiyun Park, 20 Rock Shore Drive, said she is trained as an art historian and also as an architect. She said she has lived here for three years. Park said she had three points to make. She said there is an idea of Anywhere, USA, where one could go into a town, and it would feel like the McDonald's you just left in Anywhere, USA. Park said then one could go into Iowa City, and it feels like Iowa City, and there is a particular reason why it feels like Iowa City. Park said it is as much for the open space, which is a diminishing potential in our modern society, as every major city in the world has doubled in size in population. She said what is happening in those cities is that they are losing green space and losing potentially historic space. Park said that historic space isn't just a building; it's not just people who live there or built it or time, measure time, memories, intimate potential, dreams. She said it is actually like a physiological space that human beings need and want. Park said that without that, something transforms in your consciousness and in your psyche. Park said that for her, Iowa City is defined in large part by those spaces, like that breathing space around those buildings is just as vital, the negative space around those buildings is just as vital. She said that as a pedestrian, when you walk or when you bike, you're not coming up right against it or whatever. Park said there is that breadth and depth and beauty. She said she hopes that will be preserved if for no other reason than that it is beautiful. Park said that cannot be rebuilt over and over again. She said there is a patina to it that cannot be rebuilt. Park said there is a limitation on what is lost; she said one loses so much if this isn't preserved. She said it is not just what might be gained if something else were put here. Park said you would lose what you would lose; it is like a fabric, and there is an identity to the City. Park said, regarding the Red Avocado building, if one looks at what is there now and remembers what was there before, it was like the identity. She said she attended the University of Michigan, and when she goes back there now, she sees that they did not preserve their identity. Park said it burgeoned in the 80s and 90s, and what is there now are these constructs to wealth, power, greed, and dominance. She said that all the things that made it the patina of a city was the identity of Ann Arbor and the people that were there. HISTORIC PRESERVATION COMMISSION October 11, 2012 Page 8 of 13 Nancy Carlson, 1002 East Jefferson, said she supports the Jefferson Street Historic District. She said that all of the other historic districts are residential. Carlson said there may be a church intermingled among the houses, but they are all houses. Carlson said this area contains an important collection of churches, residences, and institutional buildings of the University. She said it has important examples of educational, religious, and community development. Carlson said it has a cross - section of middle- and upper- income households where prominent business people and professional citizens lived next door to working -class families, something we can't seem to achieve today. Carlson said there are eleven different architectural styles found in the area, making it a syllabus of architectural history. She said that all of these attributes help to point to a legacy of past achievement worth preserving. Carlson said the sixth purpose of the historic district described in the zoning book speaks of protecting and enhancing the City's attractiveness to tourists and visitors. She said that between 5,000 and 7,000 cars travel this street every day, making this the most visible historic district in the City. Carlson said it would provide a statement that as we develop and move forward into the 21st century, we also respect our past. Carlson said the guest houses in the 300 block provide unique, non - cookie cutter accommodations honoring our past, steps away from a vibrant downtown and University campus. She said that in the space of one block, one is back in another time and ambience. Carlson said we need to decide if we, as a community, can come together to embrace our past and grow upon its foundation or destroy it; the choice is ours. Nathan Marks, 404 East Jefferson, said he is the congregational chairman for St. Paul's Lutheran Church and University Center on Jefferson Street. He said he has concerns with the proposed plan. Marks said that, as a not - for - profit, with a primary mission of spreading the word of God to the students of the University of Iowa, funds are certainly tight in his church. He said that any additional requirements that the church would be held to to maintain the facility would certainly take away from that mission. Marks said that while the church certainly appreciates the historic value and doesn't wish to change it, the costs are definitely high in maintaining the church's facility. He asked that the Commission not adopt the proposal. Sherry DeGraw, 519 Brown Street, said she hopes the Commission votes for the historic designation along this street. She said the buildings are beautiful, and in time, there will be plenty of opportunity for developers to take a look at what they can do in the River Crossing area. DeGraw said it would be a terrible mistake to start bulldozing more beautiful buildings on the North Side of the City when there will be plenty of time for growth and opportunity on the other side of town. Judith Pascoe, 317 Fairchild Street, said that when the North Side Neighborhood was working on the Gilbert-Linn Historic District, one of the counterarguments frequently heard was that the neighborhood was already too far gone to try to preserve it. She said she is struck with this new area that could potentially be designated an historic district. Pascoe said it is amazingly intact. HISTORIC PRESERVATION COMMISSION October 11, 2012 Page 9 of 13 She said it is very unusual in Iowa City, when there have been so many decades when there was a very different attitude toward preserving the past, it is very hard to find a stretch of several blocks that has such an intact streetscape with so many beautiful properties on them that are very historic. Pascoe said she supports this district. Cynthia Kemp, Congregational Church, said she represents the Congregational Church and said she would echo the sentiments of Saint Paul's in that they are very concerned about further constraints and limitations that might be placed on the use of their facility and property, which is quite small as it is, with further rules and regulations. She said they know they are in an historic building and are doing the very best they can right now with the roof repair, lintels, gutters, etc. Kemps said the church is concerned and hopes this does not pass. She said the church is already designated an historic building and any further designation seems immaterial or unnecessary, she would say. Miklo stated that the Congregational Church is already a landmark, so there would be no additional rules and regulations above and beyond what already applies to that property. Baldridge asked if the same would then be true of Saint Paul's. Miklo said it would not, as Saint Paul's is not a landmark property. He added that Saint Mary's is a landmark, as well as the Methodist Church and the rectory at Saint Mary's. Alicia Trimble, 2232 California Avenue, said that she is the executive director of Friends of Historic Preservation and also sat on the Commission for several years. She said one thing that is widely misunderstood about the Historic Preservation Commission is the belief that one is forced to change things. Trimble said if the building is how the owner likes it now and the owner is doing his best at historic preservation, generally there is nothing within the guidelines that will prevent someone from maintaining his building just as it is. She said that certainly we know that most every building in this neighborhood being proposed is already well -kept and well -kept in an appropriate manner for each of the different styles of architecture seen here. Trimble said she wanted to point out that as members of Iowa City from all different parts of the City, we are a community. She said the community is made up of congregations, made up of businesses, and made up of homes. Trimble said the most important thing to recognize here is that this is not one of us; this is all of us. She said if we want to keep our community strong, we all need to work together and support what is best for our community. Swaim noted that the Commission received five letters or a -mails on this proposal. She said that three were in support of the proposal, and two were against. Swaim said the correspondence will be part of the record. Charles Thiede, 1232 Jensen Street, said he is the facilities manager at First United Methodist Church. He stated that he has also lived in two of the buildings that are designated in the 400 block. Thiede said his church is dedicated to preserving its building in an historic way and welcomes the designation of this area as an historic district. Swaim thanked everyone for sharing their viewpoints and having a good discussion. Public discussion closed. Swaim asked for a motion regarding the proposal. She said the motion is usually presented in the affirmative, and then it can be voted up or down. HISTORIC PRESERVATION COMMISSION October 11, 2012 Page 10 of 13 MOTION: Litton moved to approve the zoning overlay for Jefferson Street, as presented. Baldridge seconded the motion. Baldridge said that, as a person who was born in Iowa City, went to school at Saint Mary's, and worshipped at Saint Mary's Church, over various times that he has been in and out of Iowa City, he finds it reassuring to find that old neighborhood improved and stabilized. He said he was really quite amazed when the old isolation hospital, now called Stuit Hall, was restored. Baldridge said he never liked the old hospital, and the Mediterranean architectural style is totally inappropriate, but that one building set aside was really marvelously restored. Baker said the richness of the. diversity of the historic resources in that neighborhood is truly something and something unique in the City of Iowa City. She said that to lose that would be tragic. Baker said it seems that this neighborhood is an exemplary example of why we have historic districts. She said that every effort should be made to preserve this community resource and maintain its integrity. Thomann said two things that struck her tonight was hearing that this area is still intact and hearing from the North Side District, which was an area where things were not quite intact, yet the residents were able to get an historic district moved there. She said that if one comes through the North Side today and takes a look around, there are some amazing painting projects going on. Thomann said these are all by choice of the owners. She said it is important, as one person mentioned, that historic district designation doesn't change anything but is there to help and presents guidelines in keeping the property up very well. Thomann said someone had noted that this historic district is not just residential, and all of the other districts are residential are this point. Thomann said that is very important to think about and to think about on a Sunday, when you walk around that area and see what is going on. She said the allure of the businesses, the beautiful buildings, and the upkeep done around that area make it really wonderful. Litton stated that the initial question he asked himself is whether this meets the historic district and conservation district overlay guidelines, as presented by Miklo. He said that he feels the Jefferson Street Historic District does meet those guidelines, and the Jefferson Street area is certainly worth designation, so he will vote in support. Gassman said she would echo a lot of what has already been said, but the main reason she has for supporting this is that it contains institutional projects and commercial businesses that are not represented in any of the other districts. She said it is really important that we start, even beyond this district, going to these institutional, commercial downtown districts. Gassman said they are just as important as residential structures. She said the guidelines do not talk specifically about commercial and non - residential buildings, so that might be something the Commission would want to look at in terms of structures that are not used in a residential manner. Gassman said there are a lot of details that might apply for these buildings especially, and if the Commission continues with similar structures, it might be interesting to look at the guidelines as they apply. Gassman said she agreed with the comments about the former isolation hospital. She said that effort in restoring that building has been superb. Gassman said she would like to see that extend to the east and hopes it inspires some of the homeowners on the south side of the 400 block to continue their preservation efforts, as she hopes the designation will help them to be inspired. HISTORIC PRESERVATION COMMISSION October 11, 2012 Page 11 of 13 Wagner said he is in favor of this historic designation overlay. He said one thing to keep in mind is that the University could tear down any building whether it is historic or not; it doesn't have to abide by the rules. Wagner said the University actually set a standard or set the tone by restoring Stuit Hall. He said he actually likes the Mediterranean building to the west and hopes the University restores that as well. Wagner said the Commission can work with the University, when in fact the University doesn't have to work with the Commission at all, by putting this designation on Jefferson Street, and they might not tear that down. He said this might set a good precedent there. Wagner said he is a long -time and native -born Iowa Citian. He said that most people might already think that Jefferson Street is part of an historic district. Wagner said people look at all the activity on Linn Street and the Oktoberfest and John's Grocery and the Foxhead and George's and think that a lot of historic things have happened there and might also think that Jefferson Street is already historic. He said it is important that the Commission give it that official designation, because it would be a shame to lose that connection between the residential North End and the University and downtown. Swaim said the area is a National Historic District, but what is being proposed is a local historic district, which means that exterior alterations and demolitions must go through the Commission. She said a local district has more provisions for protecting an area. Michaud said she is a 40 -year resident of Iowa City and lives on College Green. She said she has seen a lot of changes, and this area is threatened because of a major purchase of the University guest houses. Michaud stated that this is mixed -use and is perhaps a little less threatened than some areas, but, and much has been said about the 300 block of Jefferson, because they have five contiguous jewels and their gardens, and what was lost on Washington Street was also the setting, the gardens, the open and green space that can't be replaced. Michaud said that the 300 block is more Victorian. She said the 400 block, although more modest, has been part of the model for the Peninsula Development. Michaud said it would be ironic to risk that original development to just have rapid growth. She said there has been so much demolition this year with three major apartment buildings right now on Washington Street. Michaud said that right now there is a fairly pristine, very high percentage of contributing properties on Jefferson Street. She said from her point of view, it provides a refreshing oasis between the bustling downtown and campus and the revitalized Market Street. Michaud said that a lot of money has been spent by the City on Market Street, with new paving, new metal benches, and street lighting that would be appropriate for the turn of the century in the 1900s. She said that money should not be at risk because this Jefferson Street oasis is at risk. Michaud said that, building on the Comprehensive Plan and restoration of neighborhoods, this should definitely be an historic district. Swaim said she agrees that this should be a district. She said she has learned a lot by reading the 40 -plus pages of research and documentation that were put together when this was first nominated to be a National Register historic district. Swaim said the historic significance of the district really spans a century. She said it begins with the district being part of the original town plat, and some of the earliest churches were located there and then later St. Paul's Lutheran and now the Lubavitch Center. HISTORIC PRESERVATION COMMISSION October 11, 2012 Page 12 of 13 Swaim said this area also represents the period when the University went through major growth and expansion in the late 1890s and early 1900s. She said it has state and local connections to government in that the Park House was originally a hotel that a lot of state legislators stayed in during the legislative season and then became a boarding and day school for Catholic school girls. Swaim said the Bostick House served as a city hall for a while. She said the area is a cross section of working class and upper and middle class, of merchants and faculty and staff and students — was then and still is. Swaim cited the fact that of the 44 properties, 97% of them are contributing, which is an astonishingly high number for a district, and 50% of them are key, contributing properties. She said it clearly is an overwhelming and compelling example of what should be a district. The motion carried on a vote of 8 -0 (Ackerson, Downing, and McMahon absent) ADJOURNMENT: The meeting was adjourned at 7:30 p.m. Minutes submitted by Anne Schulte Z O Fn N 0 V0 V Z LU 91% Q W C4 IX Q N W ° W Z W W w�- a La 2 O U) 2 z O Y) U) O U z O H W N 0 CL N M CL �0 o M O �r =oa rn c r M X X X X X X X 0 X Q r- 3 CL r c X X X X X X X X X M X X X 0 X X X 0 X 0 0 N X X X X X X X X X O O ao 0 X 0 X X X 0 X X X I X co W W W W X X X X X X I X ti O O O O X X X X X X X 0 X c0 0 W W W W V � O X X X I O O X X O Is ' X X X 0 X X 0 X X X X X co X X X i X X X X X O O X X i X X X X X N 0 0 O O N 0 X X X X X X X C X X M 11 N M M 'q le N N IV M N X w o 0s 0� as w as o� w o� as W N N N N N N N N N N M M M M M M ;N;5 M M M M M M N Z z z 3° W z g Z 1 == o o a Z o Ix O W W 0 N a Z ° 0 Z L a Z � p Z Z Q Z 2 Q Q m W 0 a a 0 ° Q 0 U 0 V vNi N= m c� E 0 �a CO d0 3z X c w d m d m V0 0 0 aaaz XOOZ W Y 3b(6) MINUTES APPROVED HOUSING AND COMMUNITY DEVELOPMENT COMMISSION OCTOBER 18, 2012 — 6:30 PM DALE HELLING CONFERENCE ROOM, CITY HALL MEMBERS PRESENT: Andrew Chappell, Cheryll Clamon, Charlie Drum, Holly Hart, Jim Jacobson, Rachel Zimmerman Smith MEMBERS ABSENT: Michelle Bacon Curry, Scott Dragoo, Jarrod Gatlin STAFF PRESENT: Tracy Hightshoe, Doug Ongie OTHERS PRESENT: Mark Patton, Tracey Achenbach, Sandy Pickup, Kristie Doser, Delaney Dixon, Bronis Perteit, Maryann Dennis, John Shaw, Gene Spaziani, Larry Wilson RECOMMENDATIONS TO THE CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order by Chappell at 6:30 p.m. APPROVAL OF THE SEPTEMBER 20. 2012 MINUTES: Drum moved to approve the minutes. Clamon seconded. A vote was taken and the motion carried 6 -0. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: None. STAFF /COMMISSION COMMENT: None. PUBLIC MEETING: Annual Review of the 2011 -2015 Consolidated Plan (a.k.a. CITY STEPS) Hightshoe stated the current 5 -year Plan is for FY2011 -2015. The City hired a consultant in 2009 to evaluate needs and solicit community input to develop priorities that would govern how the City spent their federal funds during this time period. HCDC and the City Council reviewed and approved this Plan; however each year HCDC reviews the plan to make sure the priorities HOUSING AND COMMUNITY DEVELOPMENT COMMISSION October 18, 2012 PAGE 2 of 7 identified have not changed for the upcoming year. Staff will start preparing for the next CITY STEPS Plan (2016 -2020) in 2014. She said each year they have an annual review to get feedback from the community to see if the priorities are still the same. If any changes are necessary, a recommendation for an amendment is sent to the City Council for consideration after a 30 day public comment period. She referred to a listing of all priorities in the current Plan (in the Commission's packet). The comments received at the Mercer Neighborhood Association as well as the written comments from Habitat (in packet) were provided. Staff emailed the Johnson County Local Homeless Coordinating Board, which consists of over 20 organizations in Johnson County that provide services to homeless, at risk, and low to moderate income populations, to encourage them to submit written comments about the needs in the community or the priorities identified in CITY STEPS as well as to invite them to the HCDC meeting to provide feedback. Chappell asked if sometimes the applicants suggest an identified need that is different than what staff identifies in the staff report. Hightshoe said yes, that can happen. Many agencies serve a broad range of needs. In CITY STEPS there are identified HUD priorities; however HUD does not provide a definition for each priority. Staff makes a judgment call based on what need /priority the project best meets based on the application and the HUD provided category in CITY STEPS. They can differ. (For example an agency might provide child care services, which is a high priority in CITY STEPS, but the application is for costs to provide a seminar on tenant/landlord counseling (low priority) for parents. Staff would state this application /project meets a low priority in CITY STEPS, despite the applicant indicating it's a high priority as the agency provides child care services.) Chappell said in the allocation process you are allocated different points based on priority level: low, medium, or high. When reviewing these priorities the Commission gave them more of a spread so that not all categories were high priorities. Jacobson asked about changing the ratings. Chappell explained that if staff provides a different priority level than the applicant indicates, the Commission member can indicate the priority level they feel is the correct one on their ranking sheet, regardless if it matches the staff or applicant identified one. Chappell invited public discussion. Kristie Doser with Domestic Violence Intervention Program said she wanted to explain how services are performed and how sheltering is going to change in the upcoming years. She said the Attorney General has been the conduit for state and federal funding for domestic violence programs in Iowa for many years. She said there have been cuts in the program totaling over 1.7 million dollars in the recent past. Due to these cuts and the possibility of more, the Attorney General is looking at regionalization of services for victims of domestic violence, which will have an impact on housing issues in Iowa City. Under the proposal, DVIP will be part of the southeast region serving 14 counties. Only one or two shelters will be funded in this region, this will mean the probable closure of the other four shelters. DVIP anticipates being one of the shelters that will be funded. People needing shelter from other counties will have limited choices. Chappell said when the Commission changed some of the priorities; they realized they had a majority of high priorities. He said the way it works is that they discuss high priorities first, fund at a level they choose, review medium priorities, fund them at the level they choose and then consider projects with low priorities. There is no obligation to fund a high priority, simply HOUSING AND COMMUNITY DEVELOPMENT COMMISSION October 18, 2012 PAGE 3 of 7 because it is high. There may be several reasons not to fund a high priority such as capacity, what current projects they have going, proposed timeline, budget, etc. The commission has funded several medium and low priorities. Doser said she appreciates that DVIP has been funded in the past and she believes that maintaining emergency shelter is still a high priority. She said DVIP will be applying for funds. Public member suggested that if you have an income stressed family then you have to build something they can afford. He suggested to give extra points for locations that are near services like grocery stores and bus lines. Chappell said that's a good idea. He asked the Commission if they had any changes they wanted to make to CITY STEPS. Public member asked if it's considered a black mark on the City if HUD monitors the City and finds that the Commission funded low priority items. Hightshoe said to date HUD's biggest concern has been if the City said they were going to do so many units then failed to do so. The City has to explain or provide justification why we didn't produce as many housing units or community development projects as indicated in our five year goals and annual action plans. Chappell said HUD might say something if they started funding only low priority projects. Hart recommended that they look into bumping up the priorities for DVIP and Habitat even though she knows there are several high priorities. Hightshoe stated the City can't bump up the priority for the agency, but the need served by the agency such as homeless facilities, battered and abused spouses (services) and production of new owner units. Hightshoe stated she doesn't remember the background as to why homeless shelters were ranked as medium, possibly due to the fact that the City just funded the new Shelter House facility, however CITY STEPS does reference that the need for production of new owner units was being addressed by the addition of CDBG Disaster Recovery funds under the Single Family New Homes program. For this reason, CDBG and HOME funds would be directed to other housing activities. Zimmermann Smith said she is aware that there will be funding cut backs for DVIP but because they are going to a regional system there are going to be a lot of other communities that will be served by agencies in the Iowa City area. She encouraged the Commission not to make a decision on priority level now as it would be good to know what those other communities /counties will contribute so that Iowa City is not paying for most of the services /facility needs when it will be a regional shelter. Chappell said the Commission has been interpreting Habitat's applications to fall either under "persons and families at risk for homelessness" or "occupied housing units." Hightshoe stated in the annual action plan categories, it must be reported under "production of new owner unit" as a CDBG /HOME housing activity, a low priority in CITY STEPS. Priorities can be changed, the HUD category can't. Hart moved to recommend amending the priority level in CITY STEPS from low to high for the production of new owner units. Clamon seconded the motion. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION October 18, 2012 PAGE 4 of 7 Hart said her thought was that Habitat served persons at a lower income level than other programs for homeownership and the need should be adjusted. Chappell said he thought Habitat makes a decent case for changing but not an overwhelming case at this point to change. A vote was taken and motion failed 2 -4 with Clamon and Hart in support. Hart moved to recommend amending CITY STEPS to change 03Q — Abused and Neglected Children Facilities and 05G — Battered and Abused Spouses (services) from medium to high priorities. The motion died for lack of a second. Hightshoe explained that CITY STEPS priorities for public services will be important as they will guide Aid to Agency funding, more so than in the past. Agencies will not be applying for these funds under the CDBG process as not enough funds for both. The City Council set -aside has $105,000 (caps at 15% of the CDBG entitlement) for Aid to Agencies. Update on FYI Projects —CDBG Projects That Have Not Entered a Formal Agreement with the City of Iowa City of Iowa City Hightshoe said all of the CDBG agreements have been entered. Discuss Community Mental Health Center's Request for Project Revision Hightshoe stated Community Mental Health Center requests a change in their project. John Shaw was present to discuss. John Shaw, the architect for the Community Mental Health Center, said the bids came in considerably over what they had estimated. He said there is a lot of construction in Iowa City right now and this is a small project. He said smaller firms that might go after a job like this are not set up to do Davis Bacon and the other sort of paperwork that's required. He said they had a single bid that was high, possibly because they were the sole bidders. He said he met with the members of the Community Mental Health Fundraising Committee this morning. He said he went with an outline of what he planned to do, but there was a lot of discussion and things have now shifted. He says he is asking this Commission to give Community Mental Health permission to put together a plan to use the grant money they were awarded for accessibility for the building with the understanding that anything they put together will be contingent upon approval by this Commission. The elevator option was too expensive so the committee is considering options to increase accessibility without an elevator. Shaw explained that the initial discussion was to take that concrete ramp down and provide new stairs up to the first floor on the west side of the building. He said the next step was to provide two counseling rooms in the lower level and create a main entrance on that level on the south side. He said part of the discussion this morning was that they didn't want to lose that ramp even if it isn't code compliant. He said he is going to investigate the feasibility of re- working that ramp with a topping and making it ADA compliant. He said they still propose taking the top deck off and making two counseling rooms in the basement. He said it was very important to the staff of Community Mental Health that the ramp stays as they have to get up to that upper level. Zimmerman Smith asked if an elevator was possible with their new plans or if an elevator is still plausible. Shaw said everyone who was at the meeting this morning said an elevator is really what needs to be done. He said that idea may not be completely off the table yet. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION October 18, 2012 PAGE 5 of 7 Jacobson asked how good this solution is for going forward and is it going to have the same impact that an elevator would. Shaw said it is not going to have the same impact as the elevator because that would be a relatively permanent solution. He said redoing the ramp and stairs could be at least a ten year solution, and the majority of the funds they will be spending will be providing the counseling rooms downstairs. Chappell says he doesn't have enough information to make a decision. He asked that anyone who feels that they will not approve something that doesn't include the elevator to speak now. If no comment he encouraged the Center to come back as soon as possible with how they want to proceed and the Commission will have to make a decision on whether they are willing to make that change. Hightshoe said there will be enough time if they vote on this at the next meeting. Zimmerman Smith said she would like to see either an elevator or a solution that really takes care of the same issues the elevator was supposed to address. Chappell said they need to find a way to address the accessibility issues and any changes Shaw makes will have to go through Historic Preservation. From his perspective, a future request to fund an elevator is probably out by the commission. Jacobson asked if Shaw can spend enough money in five months as Hightshoe's main concern was if they could spend a considerable sum by the end of the fiscal year. Shaw said at this point, he does have the elevator situation worked out. He said if it's reworking that ramp and doing rooms downstairs then the scope of that solution is reasonable to fit into five months. Hightshoe stated due to their Workout Plan with HUD, if the project can't proceed we will have to consider what projects can immediately spend out funds so that we are not in danger of losing funds in FY14 due to failure to hit HUD's next timeliness measure on May 2. Hightshoe said their fallback is possibly the Crisis Center, Housing Rehabilitation and other existing CDBG projects. There was no one on the Commission who was disinclined to consider anything than the elevator. Hightshoe asked Shaw to come back with plans and a timeline on November 15. Monitoring Reports • FY12 The Housing Fellowship —CHDO Operating (Drum) He said he talked with MaryAnn Dennis; the money was used for operating expenses. They are still in business. He said as per their strategic plan they have expanded their office space and are building eight new homes in Iowa City and 14 in North Liberty as LIHTC projects. • FY12 DVIP — Aid to Agencies (Drum) Doser said in the first quarter they sheltered 95 women and children and provided outreach services in Johnson County to 105 adults and new clients. Hightshoe said they are getting close to hiring an architect for the kitchen remodel. She mentioned that in last few years HOME /CDBG awards have been over $100,000. This requires sealed bids (procurement standards), bonding requirements, Section 3 and other federal requirements. For these reasons staff is encouraging the agencies to hire an architect as many service providers do not have extensive experience in construction management. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION October 18, 2012 PAGE 6 of 7 ADJOURNMENT: Zimmerman Smith moved to adjourn. Drum seconded. A vote was taken and the motion carried 6 -0. 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