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HomeMy WebLinkAbout2014-09-02 Bd Comm minutesAd Hoc Senior Services Committee July 30, 2014 Page 1 MINUTES FINAL AD HOC SENIOR SERVICES COMMITTEE JULY 30, 2014 — 3:30 P.M. HARVAT HALL, CITY HALL Members Present: Joe Younker (Chair), Jay Honohan, Rick Dobyns, Jane Dohrmann, Mercedes Bern -Klug, Ellen Cannon, Hiram Rick Webber Staff Present: Geoff Fruin, Marian Karr, Dennis Bockenstedt RECOMMENDATIONS TO COUNCIL: Ito become effective only after separate Council action): None CALL TO ORDER: Chairperson Younker called the meeting to order at 3:35 P.M. He reminded Members that the City Council will need the chambers later today, so he asked that they stay on track in order to get their meeting done by 5:00 P.M. for Council to get set up for their meeting. CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED: a. Minutes of the Meeting on 07/21/14 — The minutes of the July 21, 2014, meeting were discussed. Dohrmann noted that she has some changes to the minutes. On page 3, under "Reports from Contact Members, " — she asked to strike a few words and that this read, "Dohrmann stated that there is a breakdown in the FY2013 report from Elder Services (distributed) on page 10) showing funding sources." [Removing "fit that it does not she w spe G*fin norncnta9es01 1 b. Correspondence — (1) Martha Huffman Honohan moved to accept the Consent Calendar as amended, seconded by Cannon. Motion carried 7 -0. DISCUSSION OF SENIOR CENTER EVALUATION SUBCOMMITTEE REPORT: Bern -Klug noted that they do not have anything to report at this time. Younker asked if the Committee can still expect a draft report by the 18th. Bern -Klug responded in the positive. REPORTS FROM CONTACT MEMBERS RE: LOCAL AGENCIES / CONSORTIA: Elder Services — Younker asked if there was anything further on this organization. Dohrmann stated that she just wanted to add that she did request more specific information on their budget, but has not heard back from Elder Services. She then looked up their 990 online (distributed at meeting), but still hopes to get more detailed information. Younker noted that they do have a late handout that summarizes the 990 report for Elder Services. HAAA — Cannon added that she too has not received any updated budgetary information but that she did put together a couple of handouts (distributed at meeting) from the web sites which 3b(1) Ad Hoc Senior Services Committee July 30, 2014 Page 2 indicates funding sources from each agency that funds the HAAA, as well as some budgetary information on Johnson County. JC Livable Communities — Karr noted that the two Cannon handouts (distributed at meeting, HAAA and JC Livable Communities, are a page each. Shelter House — Younker asked Honohan if he had anything further to share. Honohan noted that he did receive the information he requested about the funding, and that he gave everyone a copy of this handout (distributed at meeting). Younker added that at the last meeting he did ask Honohan to see if he could obtain what requests Shelter House had made from the City, and what the actual distribution was. This information was received for FY13 through FY15. He asked that others try to obtain this type of information, as well, as they contact their agencies. Pathways — Bern -Klug stated that the formal written report was on the meeting packet. Consultation of Religious Communities — Dohrmann reported that she had no additional information. Things are moving ahead as planned for discussion at their August meeting. Free Medical Clinic — Younker reported that he is preparing his report for the next meeting. MECCA — Dobyns stated that he submitted two pages on MECCA (distributed at meeting). He added that one of the challenges substance abuse has for older Iowa Citians is that for any type of Medicare reimbursement, specific licensed psychologist are required. This creates problems with finding the required staff, and in helping the older population get financial help for this type of treatment. Dobyns also spoke to the social isolation of the older population and how substance abuse issues can go unnoticed for quite some time. Dobyns was asked if MECCA has a sliding fee scale. He noted that MECCA does not, but that Johnson County Mental Health does. JC Mental Health — Dobyns spoke to the information he gathered at JCMH. With an aging population, there will be increased mental health needs in Johnson County. Dobyns stated that JCMH has four buildings in the area that they utilize for services, adding that he was impressed by the number of people that are seen within a given year. There is a sliding scale for people with limited means. Dobyns stated that the senior population accounts for a very small portion of JCMH's services. He noted that services here are difficult to assess, much like MECCA's, due to the sometimes isolated nature of this population, and also cognitive declines over the years. Dobyns was asked if he knows where JCMH's funding comes from. He stated that he does not have this information yet. He added that he has told both MECCA and JCMH that he may be asking for this, but that he wasn't sure what all he would need. VNA — Honohan stated that he thought about the VNA while at the Senior Center today. He volunteered to gather information from this organization, if the Committee would like. He stated that he will attempt to get a report done by the meeting on the 18th. Younker agreed, stating that this has come up in other discussions. Dobyns spoke to the Medicare aspect of some of these agencies and how much they cover on services, leaving this population without the care they need. Through philanthropic giving, places like Iowa City Hospice can do more to help their patients, for example. Younker suggested they include as an agenda item for the next meeting the list of agencies. He asked that Members review this list and add any agencies they think of. He stated that they then need to move forward with pulling all of this information Ad Hoc Senior Services Committee July 30, 2014 Page 3 together, how they're going to use it, and how they're going to factor it into the Committee's report. Audience member Ina Lowenberg then asked to make a comment. She stated that she has helped a friend obtain services and that two of the Community Mental Health buildings are very inaccessible. She also spoke about the COMPEER program, which matches a volunteer with a person who has a mental illness who is stable but isolated. She suggested the Committee add this program to their list. Dobyns stated that he would take a look at the COMPEER program. Bern -Klug stated that she thinks most of the non - profits in the city could benefit from more money, but that the question is what's the Council's responsibility in that. She stated that she feels they are being asked to decide which of these agencies are the more worthy of funding, but that this is not this Committee's call. Each of these agencies has a board of directors that is responsible for their fundraising. She stated that she again questions what the responsibility of this Committee is, pulling all of this information together when the City is not responsible for the financial solvency of any of these non - profit organizations. Younker stated that their charge is to provide a recommendation to the City as to how physical and financial resources should be allocated to provide senior services. Through Aid to Agencies, the City does provide funding to these various agencies that provide services. This Committee's charge is to provide a recommendation, such as recommending that funding be shifted to focus on a specific set of services, or something along those lines. Bern -Klug stated that her concern is the rest of the picture, the rest of the Council's budget, and her concern that this Committee will end up moving money around among senior - serving organizations when there is the rest of the picture that they do not know. Dobyns stated that this is what the next part of the meeting may address, as Financial Director Dennis Bockenstedt is present to speak with them. Honohan stated that the way he reads the resolution he does not see them in the role of recommending where funds go, but rather they are to make a report on how well the agencies and the Senior Center are serving the seniors in Iowa City. Dohrmann agreed, stating that she reads it as how are needs being met, and are there gaps in service. This Committee is to recommend ways to more effectively serve seniors in the community. Cannon stated that she would agree with this assessment. Younker stated that it does state that this Committee is to make recommendations to the Council on how Iowa City should use current financial and physical resources to meet the needs of seniors in Iowa City. Therefore, part of their charge is to make recommendations on how these resources are used. Audience member Mary Guttman asked if there are any for - profits serving the senior population who receive tax money. Younker stated that there aren't any he was aware of, and he asked Fruin if he knew of any. Fruin responded that there aren't any he knows of at this time. Honohan added that occasionally there will be a capital improvement request from a for - profit, such as when Regency Heights got a $170,000 contribution when they first started. Fruin noted that this type of funding is typically predicated on the provision of low - income or moderate - income housing. As a point of clarification, Karr noted that all late handouts distributed at the meeting will be added to the web site with materials for this meeting. They will not be in the next packet. DISCUSSION OF CITY FINANCIAL CONSIDERATIONS: Fruin noted that at the last meeting there were two requests with regard to budgetary pictures for the City. One had to do with the State property tax reform and the anticipated impact that this will have on the City. Second were the trends being seen in the HUD grants — CDBG and HOME Fund dollars. He noted that Members have a copy of a memo from Bockenstedt regarding the financial aspects in question, and that he is present to further clarify this for Ad Hoc Senior Services Committee July 30, 2014 Page 4 Members. Bockenstedt then addressed Members, beginning with an explanation of the State's property tax reform. He explained that there are four provisions in this bill that directly impact the City's revenues for this year and future years. The bill is being phased in over the next 10 years. Bockenstedt continued, explaining the rollback factor with residential properties and how it plays into these changes. He also touched on the commercial /industrial side of this, noting that these properties will go from the current 100% to 95% taxable, and will then stay at a 90% taxable value. Starting this year, the 5% that the City loses in commercial /industrial property tax revenue will come from the State as a reimbursement. Bockenstedt noted that in FY2017, these funds will be frozen and will not increase in the future. It is unknown how long the State will continue to make these reimbursements. The worst part of all of these changes, especially in Iowa City's case, is the multi - residential piece. Bockenstedt noted that this portion of the reform act basically takes all multi - residential properties and reduces them from 100% taxable under the old commercial rate, to being taxed as residential properties. This will take place over the next 10 years, as well, until these properties are at the current residential rate at that time. Berg -Klug asked for some clarification on this, asking if this means that owners of apartment buildings, assisted living facilities, and nursing homes, for example, will no longer be taxed as a business but rather as an individual residence. Bockenstedt noted that this is correct. The last piece of this reform act, according to Bockenstedt, is telecommunication properties, or certain portions of, that will no longer be taxed at 100 %. Some of these properties will go to 40 or 50% taxable. Continuing, Bockenstedt noted that the City is building contingencies, emergency funds, into their budget in order to deal with these revenue drops. Secondly the City is attempting to control spending — by finding ways of becoming more efficient, cutting expenses, and controlling expenditure growth. Finding ways of reducing the City's reliance on property tax revenues will be crucial. Bern -Klug asked what other revenue sources might be available. Bockenstedt noted that the local option sales tax is one. There is also the utility franchise tax. Audience member Ruth Hanson asked Bockenstedt if the local option sales tax passes, would this make up for what the City is losing in property taxes. He responded that this is a difficult question to answer, but that generally it would help to balance the budget. Also in the audience, Mary Gravitt asked about the energy tax on her electric bill and where this revenue goes. Bockenstedt stated that the utility franchise tax goes towards fire fighting service, the street overlay program, and the electrical maintenance of right -of -ways. Gravitt responded that this money was originally supposed to go for flood help. At this point Younker interrupted, stating that what he would prefer to do is to allow Bockenstedt to complete his presentation and then allow the Committee to ask questions, before allowing the public to comment. Bockenstedt noted that he wanted to quickly address Gravitt's last question. He noted that it was the previous local option sales tax of 1 % that went towards flood projects. This is separate from the 1 % utility franchise tax that appears on utility bills. Speaking to paratransit services, Dobyns asked Bockenstedt about Iowa City's financial portion and where these funds come from. Bockenstedt noted that these funds come from a 95 -cent property tax levy. Dobyns then asked about the Senior Center and where the funding for it comes from. Bockenstedt replied, noting that this is funded through the General Fund and is part of the General Fund operations. This is primarily supported through property tax funds, as well. Dobyns then explained what is hoped to be accomplished with the local option sales tax funds. Younker asked Bockenstedt if he would further explain the structure of the City's budget for the Committee. Bockenstedt noted that the General Fund is the primary operating fund, with the majority of revenue coming from property tax, about 60 %. The remaining amount comes from service charges and other revenues. There are also special revenue funds, which are Ad Hoc Senior Services Committee July 30, 2014 Page 5 restricted as to what they can be used for. Continuing, Bockenstedt explained the debt service fund which retires the City's debt. Again, done primarily through property tax. Next are the enterprise funds, such as water, sewer, storm water, transit, and airport. These are all meant to be self- supporting. Internal service funds are the final part of the City's financial picture, according to Bockenstedt, where departments charge other departments internally to help support their operations. Bern -Klug then asked if other areas of the City, such as Parks and Rec, Fire, Police are going to make up the loss of property tax funds, and if they have subcommittees looking into them, as well. Bockenstedt responded that there have been cutbacks throughout the City in anticipation of this drop in revenue. Each year the City goes through a budget process, and each department faces a scrutinization of its funding. She asked if the Senior Center goes through the same process, and Bockenstedt noted that they do, just like every other department within the City. Younker interjected at this point that the Committee's charge is not with the Senior Center itself, but rather services for seniors in the community that both the City and other organizations provide. Bern -Klug continued to verbalize her confusion over this issue, stating that to her things don't add up. They are looking at senior services funded through the General Fund, such as the Senior Center, but they are also looking at funding for programs through CDBG funds, which neither the City nor this committee would have control over. Fruin noted that the General Fund also funds the Aid to Agencies program, which gives money to local service agencies. He clarified for Bern -Klug where some of the various pots of money come from. She asked if City employees who are unionized can lose their jobs if there is a reduction in funding or if they are protected. Bockenstedt addressed this, stating that both union and non -union positions can be affected if cuts are made. Fruin stated that over the past three to four years, approximately 35 to 40 positions have been cut, the majority through attrition. Bern -Klug asked how many of the Senior Center employees are union. It was stated that all but the Director are. Fruin further explained how every two years the City Council goes through a strategic planning process that identifies the priorities of the City. Staff then uses this plan in all aspects of the City's operations. Larry Rogers, resident of Ecumenical Towers, asked where the money comes from that the City loans to individuals to build new buildings, for example. Bockenstedt briefly explained tax increment financing and how the City receives these funds through tax dollars. He also touched on how apartment buildings 'condominiumized' a few years ago. These changes have caused decreases in the property tax amounts the City receives. Bockenstedt also spoke to how multi- use buildings, with commercial on the first few floors and residential above are typically taxed. Fruin then spoke to CDBG and HOME Funds, which are federal funds that the City receives annually. He stated that it is difficult to know how much funding the City will receive in any given year, as it depends on several factors. One is what will be the appropriation from the United States Congress. Fruin then spoke to his memo to Members, page 19 of their packets, which speaks to the appropriations that the City has received since FY2003. He added that it does ebb and flow, but that the general trend has been a continuous decline in CDBG funds. Mary Guttman from the audience stated that the for - profits appear to be gaining, where the non- profits are losing. Fruin responded, stating that basically if you own property you will most likely be receiving property tax breaks due to the change in State legislation. At the same time, the City gets less in property tax dollars and less in federal dollars, thus leaving them less to give to local service agencies. Fruin noted that the City of Iowa City and most every city in Iowa came out against this State reform act, knowing what the outcome would do to them all. Ad Hoc Senior Services Committee July 30, 2014 Page 6 Charlotte Walker of Coralville spoke to the evaluation committee and their charge, asking that they put in their evaluation the impact on what she considers to be the `very unfair membership fees' at the Senior Center. She questions if this is a hindrance to participation at the Center. Bern -Klug asked what Walker finds unfair with the fee. Walker stated that her objection is that Parks and Rec does not have a fee for the Recreation Center for the younger population, but that the Senior Center population does. She believes it causes problems between various populations within the Center, as well. Ina Lowenberg reported the Senior Center did not charge membership fees until the County reduced its financial contribution by about half. She added that there is a `scholarship program' that individuals can apply for very easily, which reduces the membership fee to $10 per year. Mary Gravitt stated that she would like to ask Fruin a question about the finance report. She spoke to Regency Heights and how they have an answering service, but don't answer themselves. She stated that it is impossible to get an application from them, and she questioned that they have opened a bar in the basement. She asked if the City shouldn't get their money back since Regency is not doing what they said they would do. Fruin stated that he can take a look at this contract, which he believes was 15 or so years ago, to see what requirements were imposed by the City upon Regency. Gravitt then spoke about the Free Medical Clinic, stating that they will not serve the senior population due to them having Medicare. As for Elder Services, Gravitt stated that they are not very good — they were out of food just today. She would like to see them looked into. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA): Mary Gravitt distributed a handout, noting that last week she gave everyone information on the history of the Center and how it was built with Block Grant money. She spoke to the LEAP program, stating that the University of Iowa had a LEAP program for seniors that has since been closed out. Gravitt shared an audio of a speaker who was addressing the topic of social isolation for seniors. She stated that this is what keeps the Senior Center valuable. She then spoke about Blue Zones, stating that the Center has been 'blue' for years. Gravitt continued, speaking to how well the Center has been able to serve its population over the years, even with cuts in funding. She noted how programs have folded under the leadership of places like the University, but that the Senior Center has been able to continue finding ways to provide what its members need. Judith Ann Knabe stated that she has paid taxes in Iowa City since 1968 and has been happy to do so. She is now able to be a member of the Senior Center and believes it would be truly pathetic to make the Senior Center less than it is. She added that many people have benefitted from the Center and that many more could. Bryson Dean stated that she is a proud member of the Center, noting as a retired physical therapist, she lives and promotes preventative care. She spoke to the exercise room of the Center and how many people have been able to help rehab themselves by using the equipment. She stated that it's hard to put a cost on these types of things, and she asked that the Committee keep values in their mind as they go through their deliberations. David Curry, a Senior Center Member, spoke to the fact that Iowa City is a place that retirees want to come to for retirement, and that the Senior Center is one of the desirable things about Ad Hoc Senior Services Committee July 30, 2014 Page 7 Iowa City. He asked that they consider keeping funding at the current levels or even consider increasing it. Louise Young, also an Ecumenical Towers resident and Center member, asked why the City Council is so anxious to take the Center away from the seniors. She stated that it is not theirs to do, that the members are the ones who started the Center and are the ones who keep it going. Young stated that she believes it is very important to keep the Center as it is and to let the seniors run it. Larry Rogers noted that the next section of the agenda is for items that still need to be reviewed. One of the things he would like to know is how many of these agencies do home visits and how many have buildings for their clients to come to. He noted that at the Senior Center all of these can come together in one place so that everyone can use the services. Shirley Lundell, a member of the Center for four years, shared her experience with joining the Center. She stated that she enjoys the many opportunities the Center provides, especially the tai chi and the exercise equipment that can help the senior population get stronger. She stated that she volunteers several times a month at the Center, giving massages. Donna Friedmann stated that she currently participates in a lot of activities at the Center and has for many years. She and her husband coordinated the garden club for several years, until staffing was withdrawn. She shared how in 1976 she looked at the empty Post Office building, the current Senior Center, as a possible space for not only a senior center but also an arts center. She continued to share how they got to this point, and asked that the Committee support not only the arts, but more importantly the Senior Center. PENDING ITEMS FOR FUTURE MEETINGS: Bern -Klug asked if Capitol House and Ecumenical Towers should be added to their list. Younker stated that no one has been asked to contact these agencies yet, and that he is unaware of what types of funding, if any, they receive. Fruin stated that they do not receive any from the City, but that senior housing would fall under the purview of this Committee should they decide to go there. Bern -Klug asked if these two places could ask for money under the Aid to Agencies funding. Fruin stated that they probably could, but that he is not sure where they would fall on the priority list. Younker asked if they could receive a report from the Housing Authority and then go from there to see what other information they need. TENTATIVE THREE MONTH MEETING SCHEDULE: September 3 September 24 October schedule to be discussed. ADJOURNMENT: Honohan moved to adjourn the meeting at 5:00 P.M., seconded by Webber. Motion carried 7 -0. Ad Hoc Senior Services Committee July 30, 2014 Page 8 Ad Hoc Senior Services Committee ATTENDANCE RECORD 2014 Key: X = Present O = Absent O/E = Absent/Excused NM = No meeting - -- = Not a Member at this time TERM O O O O O O O C a) NAME EXP. O Cn -i m rn O m N W O - N W c A A -shh Oh � ;a -Pb 12/1/14 X X X X X X X Joe Younker Jay 12/1/14 X X X X X X X Honohan Mercedes 12/1/14 X X X X X X X Bern -Klug Hiram 12/1/14 X X X X X X X Richard Webber Ellen 12/1114 X X X X X X X Cannon Jane 12/1/14 X X X X X X X Dohrmann Rick 12/1114 X X X X X X X Dobyns Key: X = Present O = Absent O/E = Absent/Excused NM = No meeting - -- = Not a Member at this time —QT— Charter Review Commission 3b(2) August 12, 2014 Page 1 _ MINUTES APPROVED CHARTER REVIEW COMMISSION AUGUST 12, 2014 — 7:30 A.M. HARVAT HALL, CITY HALL Members Present: Steve Atkins, Andy Chappell, Karrie Craig, Karen Kubby, Melvin Shaw, Adam Sullivan, Dee Vanderhoef (arrived 7:36) Members Absent: Mark Schantz, Anna Moyers Stone Staff Present: Sue Dulek, Marian Karr RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED: a. Minutes of the Meeting on 07/22/14 — After the `Correspondence' review, Chairperson Chappell asked if there were any changes to the meeting minutes. b. Correspondence — (1) Linda Schreiber — Chairperson Chappell called the meeting to order and noted that in reference to the Consent Calendar, they have correspondence from Linda Schreiber, who is present to speak to the Commission. He asked Schreiber to go ahead and describe what her proposal is. Schreiber addressed Members, noting that the League of Women Voters has a long history in Johnson County of hosting forums. These are public forums where questions can be proposed on a variety of current issues. Schreiber added that the League would like to be able to provide the citizens of Iowa City with an update, via one of these forums (suggesting November 17th), about the Charter Review Commission's work. Chappell responded that currently the Commission is working its way through the Charter, doing a cursory review of each section. Those sections that will need further discussion are being tabled, while those that are basically noncontroversial are being given a tentative approval. He noted that once this has been completed, they will then be ready to host several public hearing type of events. Chappell added that he would be happy to participate in anything that the League would like to host, and he asked what other Members think of participating. He asked Schreiber for some clarification on what type of forum the League would like to see. Schreiber stated that the League is more than willing to work with the Commission on whatever type of forum they would like, that they want to be part of the overall discussion of the Charter Review process. Sullivan added that he believes this would be a great idea, and that the League should decide if they want an informational type of meeting or if they want some back - and -forth dialogue to take place. After some discussion of just what type of forum should be held, all agreed that if the Commission is not done with their review by November, which is the date the League would like to hold a forum, they probably should wait to schedule this. Schreiber added that perhaps after the first of the year would be a better time to look at this again. Charter Review Commission August 12, 2014 Page 2 Members continued to discuss this issue, questioning if they should do a co- sponsor event with the League, or continue as they had planned. Chappell then suggested that Schreiber speak to the League, letting them know that the Commission is interested in some type of collaboration, but that they want to know more specifically what type of forum this will be. This could be either a Q & A or some type of interactive forum, for example. Chappell added that a November date may not be too early, that they really just need to know what type of forum to expect. Schreiber stated that she will speak with the other League members and will be back in contact with the Commission as soon as possible. Kubby stated that they should look at a November date that is after the elections, so that there is no confusion about any of these issues being on the ballot. Schreiber will be in touch with the Commission once the League has had time to discuss this further. Chappell noted that they also have correspondence from Member Mark Schantz that states he is working on some language for the Preamble and also a discussion draft for amendments that would provide for the direct election of the mayor. Karr noted that Schantz was distributing this information to Members now so that they can discuss at a later meeting. Chappell asked that Members review this information prior to the next meeting, and asked Karr to include in the next meeting packet for Members' convenience. Atkins moved to accept the Consent Calendar as presented, seconded by Sullivan. Motion carried 7 -0, Schantz and Stone absent. REPORTS FROM MEMBERS AND STAFF: Karr stated that information was included in the meeting packets regarding elections. This was requested at a previous meeting. Also included was the red -line version of the 2005 revision to the Charter to help Members see what changed from the last time to what they have before them now. She added that there is also correspondence from City Atty. Dilkes in the packet. Kubby spoke to why they requested the election information. The question was raised on whether the City could avoid some of the costs of a primary. She added that in looking at the information provided, it does not look like there is any savings to be had. Members briefly discussed this issue. Chappell spoke to Dilkes' memo regarding campaign contribution limits and that no changes appear to be needed here. Kubby stated that she has some questions regarding Citizens Untied vs. the FEC, that the popular interpretation of this is that 'money is speech, and you can't limit speech.' She then questioned how they can have a limit on contributions. Dulek responded that it has to do with spending the money, versus giving it to someone — contribution versus expenditure. The question was raised as to whether the current amount is agreeable, especially since it has not been changed for the past ten years. Chappell stated that he is, that he believes limiting the amount is a good thing. Kubby stated that even with this limit, candidates have still been able to raise fair amounts. Next Chappell reviewed Dilkes' memo regarding initiative and referendum. The first issue — the requirement that petitions be signed by qualified electors. There is no constitutional problem with this. Second, is the requirement in the Charter that petition circulators be qualified electors legal. The response from Dilkes was probably not, with her reasoning analysis suggesting no. Charter Review Commission August 12, 2014 Page 3 Kubby stated that another questions was should there be any kind of qualification, such as residency. Chappell stated that they can either discuss this now or when they get to this section. He suggested that if Members have specific questions about Dilkes' memo, they should ask those of Asst. City Atty. Dulek at this point. REVIEW CHARTER: a. Specific Sections to be Addressed: * Additional Commission discussion of Preamble through Article VI — Craig asked at this point if they are open to going to other groups, such as what the League is suggesting. Chappell stated that he believes they should be open to speaking with or listening to anyone with interest in their mission. He believes the question becomes are they going to do this as a group or individually. He stated that he has not had any other requests. Karr stated that she has received several inquiries, where some groups are waiting for the initial review to be completed before they will be wanting to take part in some kind of conversation. Chappell suggested that the initial public hearing very well may help shape the major discussion from that point forward. Atkins noted that if a neighborhood association, for example, wanted to share their feedback, one of the Commission Members could be assigned to attend a meeting and listen to what the residents have to say. Then the Member could report back to the Commission. * Article VII — Initiative and Referendum - Chappell then moved to Section 7.01A for review and read this aloud. He asked Dulek how much of this section is dictated by State Code. She responded that she believes it all to be organic as the initiative and referendum are really a City creation, but that she would have to double -check this. Chappell then asked Karr if Section 7.01A(3) has changed much — the definition, the measure, and the limitations thereof. Karr responded that she did not believe it had changed much, other than the last noted change. Members briefly discuss the wording here. Karr added that at the last review this change was seen as more of a clarification than anything else. Chappell asked if anyone had any questions about the distinction between initiative and referendum. He gave Members some examples of an initiative versus a referendum — proactive versus reactive. Members discussed this issue, noting what a citizen can do if they are wanting to change a law or enact a law. The conversation then turned to the issue of the signatories having to be qualified electors, as opposed to eligible electors. Chappell noted that this is different from the requirements to change the Charter, which are set by State Code. Sullivan stated that he believes the current rules to be problematic in that they defy the spirit of the Election Day registration law, which he believes is meant to make it as easy as possible for citizens to participate in democracy. Members continued to address this issue, speaking to `eligible' voters versus `qualified' ones. This led to the discussion of residents who may not be U.S. citizens. Vanderhoef stated that she would be asking people this question, first thing, before having them sign a petition. Craig spoke to the issue of getting people registered to vote, while attempting to gain signatures on a petition. She noted that this is a good way to get people more involved and to get them registered to vote. Sullivan noted that he too wants to see more involvement, but that he does not believe the current system is working. Karr spoke to Charter Review Commission August 12, 2014 Page 4 the procedure her office follows in ordering voter rolls once the petitions are turned in. Chappell stated that he believes the same -day voter registration process definitely makes it easier now, getting people more involved and paying attention to what is happening where they live. Sullivan stated that he believes it can still happen where you sign someone up to vote, and yet they still do not actually go out and vote. Chappell stated that at least if they are registered, they are saying they might vote — that there is a better chance they will. Sullivan spoke to the younger generation of voters and how he believes they approach it. He believes they need to make it easier for people to participate in their democracy, but that they also need to be aware of whom they are affecting in real terms. Chappell asked Karr about the petition process, more specifically how long before she checks the voter registration against the signatures. She responded that once the process starts you have a certain number of days to return it, followed by a set number of days to certify the petition, and then it is deemed either `sufficient' or `insufficient.' The petitioner is then allowed a second chance to get the required signatures, if needed. The conversation continued, with Members addressing the various issues at play here. Being a university city, the student population is one issue, while the transient nature of many of the residents is another when it comes to being a registered voter. Chappell noted that with two Members absent today, they will definitely need to have this conversation again, letting them weigh in on these issues as well. The conversation then turned to 7.01 B(1), with Sullivan reading this section aloud to the Commission. Members briefly discussed this subsection, moving on then to (2). Questions arose over the time period, with Karr clarifying how the Council handled the sunset clause provisions. Kubby spoke to how this has come into play with issues such as the 21- ordinance. She gave examples of how a two -year time period is really not that long, adding that it should be at least a 4 -year period. Shaw noted that people could, if they wanted, use that to their advantage — having initiatives around the clock, knowing that it takes four years. They could then work hard to get a Councilor elected that agrees with them, continuing the initiative. Kubby stated that it is quite an organizational task to do this, and that it would take a larger group to accomplish it. Chappell stated that he is open to more than two years, and Sullivan stated that a Council term (four years) sounds reasonable to him. Vanderhoef stated that she is still a bit concerned about unintended consequences of such changes. Members continued to discuss two years versus four years, and how this might affect citizens trying to make changes. The majority of Members appeared to find two years too short, but they struggled over a specific timeframe. Building a review period into the wording was also discussed as a possible measure. Chappell noted the meeting time and that they need to wrap things up. He asked if everyone was agreeable to stop at this point and begin with 7.01 C at the next meeting. b. Commission Discussion of Other Sections (if time allows): None DISCUSSION OF PUBLIC INVOLVEMENT: Craig stated that she noticed in the information they received about the previous Charter Review Commission that they meet the day before and the day after their public forum. She asked why this occurred and if they should be considering something like this. Karr responded Charter Review Commission August 12, 2014 Page 5 that that particular commission had finished early, so they decided to finish their overall report and end the commission's time. She stated that they also used subcommittees to work on specific issues, and in general had a quicker turnaround time. Kubby stated that it would be a good idea to meet fairly soon after the public forum, while ideas are still fresh in everyone's mind. Chappell suggested that Members bring their calendars to the next meeting so that they might look at dates and get something pinned down. Karr noted that as they approach fall they can still use the second and fourth Tuesday meeting times, but that Members need to let her know if their schedules change. Chappell stated that he will not be able to meet for six to eight days after their public hearing date, as he will be out of state. Karr then asked if there were any comments regarding the approach for the September forum. Craig noted that on page 59, there needs to be an "A" in front of Community Forum. Also at the bottom of the page it says "board," and Craig suggested this say "Commission" instead. Karr asked if Members want the September 23 forum taped or broadcast live. This was briefly discussed, with Members agreeing that they would prefer taped for further rebroadcast. Chappell asked that on the next meeting's agenda, Karr add under "Public Involvement" a separate bullet for setting a tentative date for their second forum. Vanderhoef then asked if they could check with Public TV about listing at the end of their meeting two or three times that they know the public forum will be rebroadcast. Karr stated that she will check into this, but that Public TV doesn't always know the exact schedule on these types of rebroadcast. She added that they could add a graphic at the end of the taped broadcast with these dates. PUBLIC COMMENT: None. TENTATIVE THREE -MONTH MEETING SCHEDULE (Second & fourth Tuesdav of each month): August 26 September 9 September 23 — tentative public forum (proposed start time of 7:00 P.M.) October 14 October 28 ADJOURNMENT: Sullivan moved to adjourn the meeting at 9:00 A.M., seconded by Vanderhoef. Motion carried 7 -0, Schantz and Stone absent. Charter Review Commission August 12, 2014 Page 6 Charter Review Commission ATTENDANCE RECORD 2014 Key. X = Present O = Absent O/E = Absent/Excused NM = No meeting - -- = Not a Member at this time TERM o 0 0 0 0 0 0 0 A can c�t� M M -4 W `o NAME EXP. s W V Q O L .L L -L 4/1/15 X X O/ X X X X Steve E Atkins Andy 4/1/15 X X X X X X X Chappell Karrie 4/1/15 X X X X X X X Craig Karen 4/1/15 O X X X X X X Kubby Mark 4/1/15 X X X X X X O/ Schantz E Melvin 4/1/15 X X X X X X X Shaw Anna 4/1/15 X X X X X X O/ Moyer E Stone Adam 4/1/15 X X X X X X X Sullivan Dee 4/1/15 X X X X X X X Vanderhoef Key. X = Present O = Absent O/E = Absent/Excused NM = No meeting - -- = Not a Member at this time �- CITY OF IOWA CITY 3 - ��' MEMORANDUM - Date: August 27, 2014 To: Mayor and City Council From: Staff Member of Citizens Police Review Board Re: Recommendation from Citizens Police Review Board At their August 26, 2014 meeting the Citizens Police Review Board made the following recommendation to the City Council: (1) Accept CPRB Report on Complaint #14 -01 Additional action (check one) XNo further action needed Board or Commission is requesting Council direction Agenda item will be prepared by staff for Council action S:RECform.doc FINAL/APPROVED CITIZENS POLICE REVIEW BOARD MINUTES — June 11, 2014 CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 7:40 A.M. MEMBERS PRESENT: Melissa Jensen, Royceann Porter MEMBERS ABSENT: Mazahir Salih STAFF PRESENT: Staff Kellie Tuttle and Patrick Ford STAFF ABSENT: None OTHERS PRESENT: None RECOMMENDATIONS TO COUNCIL (1) Accept CPRB Report on Complaint #14 -01 CONSENT CALENDAR Motion by Jensen, seconded by Porter, to adopt the consent calendar as presented or amended. • Minutes of the meeting on 05/05/14 • Minutes of the meeting on 05/13/14 • Minutes of the meeting on 05/19/14 Motion carried, 3/0, Salih absent. OLD BUSINESS Community Forum — Tuttle stated that someone needed to draft a summary of the forum. Treloar volunteered and a draft will be included in the next meeting packet. EXECUTIVE SESSION Motion by Jensen, seconded by Porter to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 3/0, Salih absent. Open session adjourned at 7:41 A.M. CPRB June 11, 2014 Page 2 REGULAR SESSION Returned to open session at 8:04 A.M. Motion by Jensen, seconded by Porter to forward the Public Report as amended for CPRB Complaint #14 -01 to City Council with the option to amend if a name clearing hearing is held. Motion carried, 3/0, Salih absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • July 8, 2014, 5:30 PM, Helling Conference Rm • August 12, 2014, 5:30 PM, Helling Conference Rm • September 9, 2014, 5:30 PM, Helling Conference Rm • October 14, 2014, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by Jensen, seconded by Porter. Motion carried, 3/0, Salih absent. Meeting adjourned at 8:05 A.M. r �\y P-9, rA "! eo fD d O y� b � d � �z w � O A� ll b 0 i�l, CFQ to I�1 1 x X X x W 1 ul b �C DC x x A yC yC �C 00 �C yC yC yC yC N yC yC yC >C yC ON i ii i'< 0 iC N O 00 w.+ i'C rte+ ul tA aN I H+ fD d O y� b � d � �z w � O A� ll b 0 i�l, CITIZENS POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240 -1826 (319) 356 -5041 June 11, 2014 Re: Investigation of CPRB Complaint # 14 -01 This is the Report of the Citizens Police Review Board's (the "Board ") review of the investigation of Complaint CPRB # 14 -01 (the "Complaint "). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8- 8- 7(A).) 2. When the Board receives the Police Chief's report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8- 8- 7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chief's report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8- 8- 7(13)(2)).) 4. According to Iowa City Code Section 8- 8- 7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chiefs findings only if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary or capricious; or To: City Council Complainant _ City Manager ; <',� Sam Hargadine, Chief of Police Officer(s) involved in complaint - �r From: Citizen Police Review Board Re: Investigation of CPRB Complaint # 14 -01 This is the Report of the Citizens Police Review Board's (the "Board ") review of the investigation of Complaint CPRB # 14 -01 (the "Complaint "). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8- 8- 7(A).) 2. When the Board receives the Police Chief's report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8- 8- 7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chief's report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8- 8- 7(13)(2)).) 4. According to Iowa City Code Section 8- 8- 7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chiefs findings only if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state or local law. 5. When the Board has completed its review of the Police Chief's report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8- 8- 7(B)(3)).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on 1- 31 -14. As required by Section 8- 8 -5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was filed with the City Clerk on 3- 27 -14. The Board voted on 4 -21 -14 to apply the following Level of Review to the Chiefs Report: Request additional investigation by the Police Chief or City Manager, or request police assistance in the Board's own investigation, pursuant to Iowa City Code Section 8- 8- 7(B)(1)(d). Specifically, the Board requested that the Chief provide a copy of all audio and video recordings of the incident. CD The Board met to consider the Report on 4- 21 -14, 5 -19 -14 and 6- 11 -14. - - =a m Board members reviewed audio or video recordings of the incident. FINDINGS OF FACT On 01 -23 -2014, the complainant, as part of his job duties as a private security officer, calle-d in a trespass complaint to the Iowa City Police Department. While responding to the call, Officer A observed the complainant leaving the area in a marked private security vehicle. Officer A activated his lights and stopped the Complainant. During the face to face interaction with the Complainant, Officer A initially spoke to the Complainant about the trespass issue but then began discussing the Complainant's driving status. Officer A sounds irritated and questions the Complainant at length about his driving status, specific of work hours, and the need to travel to other locations. ALLEGATION 1 - Lack of Professionalism: Sustained. On 01 -23 -2014, Officer A responded to a trespass complaint at Town & Campus Apartments. While investigating the complaint, Officer A came into contact with the complainant. The investigation shows that the Complainant was polite throughout the interaction while Officer A sounds irritated and displays a lack of professionalism in his communication with the Complainant. Iowa City Police Department Rules & Regulations - Patrol Officer Responsibilities - Section 270.04 (M) state: "Remain courteous at all times, and approach all phases of his /her work in a professional manner." Officer A's behavior was rude, disrespectful, and unprofessional. His conduct failed to meet the expectation set forth in this policy. ALLEGATION 2 — Harassment: Not Sustained The Complainant states he believes he is being harassed by Officer A. Iowa Code §708.7(1)(b) defines "harassment" as follows: A person commits harassment when the person, purposefully and without legitimate purpose, has personal contact with another person, with the intent to threaten, intimidate, or alarm that other person. As used in this section, unless the context otherwise requires, "personal contact' means an encounter in which two or more people are in visual or physical proximity to each other. "Personal contact" does not require a physical touching or oral communication, although it may include these types of contacts. The Complainant's harassment claim is based on the incident on 1- 23 -14, and two other incidents which occurred on 9 -5 -13 and 11- 18 -13. On 9 -5 -13, Iowa City Police Department (ICPD) responded to a suspicious person call at Dolphin Lake Point. While investigating the complaint, Officer A discovered that the Complainant and his private security partner were both carrying realistic looking Air Soft guns in holsters on their duty belts. Both the Complainant and his partner were cited and released for violating the City ordinance of Carrying Weapons. Officer A's purposes in contacting the Complainant were to investigate the suspicious person complaint, and to enforce the city's ordinance regarding the possession of weapons. Those are legitimate purposes under the law, and there is no evidence Officer A intended to threaten, intimidate or alarm the Complainant. Thus, Officer A's conduct on 9 -5 -13 did not constitute harassment. The second incident occurred on 11- 18 -13. The Complainant was observed by Officer A pulling into the CVS Pharmacy and looking at movies in the Red Box machine. Officer A believed the Complainant's license was barred at the time and made contact with him to review his temporary restricted license. Officer A charged the Complainant with driving while barred. Officer A's purpose in contacting the Complainant was to enforce Iowa's law regarding the permissible driving conduct allowed by a temporary restricted license. That is a legitimate purpose under the law, and there is no evidence Officer A intended to threaten, intimidate or alarm the Complainant. Thus, Officer A's conduct on 11 -18 -13 did not constitute harassment. The third incident occurred on 1- 23 -14, and is summarized above under the board's discussion of the Complainant's "Lack of Professionalism" allegation. Officer A's purposes in contacting the Complainant was to investigate the Complainant's call regarding a trespasser at Town & Campus Apartments, and to enforce Iowa's law regarding the permissible driving conduct allowed by a temporary restricted license. Those are legitimate purposes under the law, and there is no evidence Officer A intended to threaten, intimidate or alarm the Complainant. Thus, Officer A's conduct on 1 -23 -14 did not constie harassment. COMMENTS =I C -j C) _ a — ! :__- Pursuant to City Code section 8- 8- 7(B)3, the Board believes discipline is appropria r.a` i -01-T-Tr� 3b(4) MINUTES APPROVED HISTORIC PRESERVATION COMMISSION JUNE 12, 2014 EMMA HARVAT HALL MEMBERS PRESENT: Kent Ackerson, Thomas Agran, Esther Baker, Gosia Clore, Kate Corcoran, Ben Sandell, Ginalie Swaim, Frank Wagner MEMBERS ABSENT: Frank Durham, Andrew Litton, Pam Michaud STAFF PRESENT: Bob Miklo, Chery Peterson THERS PRESENT: Jennifer Cappos, Connie Champion, Theresa Dunnington, Melissa Fath, Nick Newhard, Jon Ozeroff, John D. Spiegel, Alicia Trimble RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) None. CALL TO ORDER: Swaim called the meeting to order at 5:30 p.m. Swaim requested that, of the certificate of appropriateness items, item three be moved to the beginning. The consensus of the Commission was to consider item three first. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. DISCUSS LANDMARK DESIGNATION FOR 203 N. LINN STREET: Miklo said this property is located at the corner of Linn and Market Streets. He said the property owner has requested to have it designated an Iowa City landmark. Miklo stated that at the same time, the Planning and Zoning Commission is considering the property for a rezoning from the central business service zone to the central business support zone, which allows a greater variety of commercial uses based on the parking standards. Miklo said, however, the Commission's concern is the landmark status. He said that if the landmark status if approved, it would provide the Commission with review of the exterior alterations to the building and would also make the property eligible for special zoning incentives and considerations. Miklo said the site inventory form prepared by Jan Olive Nash of Tall Grass Historians thoroughly documents the importance of the history of this building. Miklo said the original portion of the building was built in 1872, with a significant addition in 1895. Miklo stated that, as noted in the report, it was originally built as a bakery by Alois Bashnagel, who was a German immigrant. Miklo said the Commission's role in reviewing this is to determine whether it is eligible as a local landmark. He said that most properties in Iowa City that are local landmarks are also listed in the National Register, and the criteria are very similar. Miklo said that a National Register nomination is not being considered at this time, just the local designation. HISTORIC PRESERVATION COMMISSION June 12, 2014 Page 2 of 18 Miklo said it is important that the Commission consider the criteria in the code, because there are zoning incentives involved with designation as landmarks, including potential tax incentives, as well as rules and regulations that would apply to the building and the property. He said there are two criteria in the code that this must meet: that the property is significant to American or Iowa City history, architectural, archaeology and culture; and that it possesses integrity of location of design, setting, materials, and workmanship. Miklo said that in terms of the importance of the history, that is well documented in the report. He said it reflects early Iowa City commercial constructions as well as the immigrants' influence on the community. Regarding the integrity of location and design, Miklo said the reason that is a criterion is that some buildings have been altered to such an extent that they are no longer recognizable as historic. He said that this one, as noted in the report, other than some minor modifications to some window openings, is very similar to the way it appeared when it was built. Miklo said there are four other criteria of which the Commission needs to find that this meets at least one. He said that based on the information submitted in Nash's report, staff finds that it meets two of them. Miklo stated that the building is associated with events that have made a significant contribution to the broad patterns of local history. He said that the building reflects the early commercial architecture of Iowa City, as well as the immigrant influence on the community. Miklo said staff also finds that this meets criterion E, in that it represents a period of construction techniques from history. Miklo said staff therefore recommends that this be approved as a local landmark designation. He said the applicant has a representative present to answer questions. Ackerson asked which part of the building is the addition. Miklo responded by showing the original building at the corner and the area that is the addition. He said there are some historic maps that show the evolution of the building, which was initially a bakery, then later converted to a hotel, then used as a restaurant and saloon on the ground floor, and then various uses over history. Corcoran asked about the upper floors. Miklo replied that there is a combination of rooming units and a few apartments. Sandell referred to a specific view and said that one can see what appears to be windows along Market Street. Miklo said there were one -time display windows in that area. Sandell said the ramp is a recent addition, and Miklo confirmed this. MOTION: Corcoran moved that the Commission approve the designation of the property at 203 North Linn Street, the Bashnagel Bakery, as an Iowa City historic landmark based on the following criteria for local designation: it is significant to American and /or Iowa City history, architecture, archaeology, and culture; it possesses integrity of location, design, setting, materials, and workmanship; it is associated with events that have made a significant contribution to the broad patterns of our history; and it embodies the distinctive characteristics of a type, period, or method of construction; or represents the work of a master or possesses high artistic values or represents a significant and distinguishable entity whose components may lack individual distinction. Baker seconded the motion. The motion carried on a vote of 8 -0 (Durham, Litton, and Michaud absent). HISTORIC PRESERVATION COMMISSION June 12, 2014 Page 3 of 18 CONSENT AGENDA - CERTIFICATE OF APPROPRIATENESS: 336 South Governor Street. Peterson said this application is for dormer windows in the three dormers, with two on the side to be egress windows so that the opening size was changed. She said the one on the front would stay the same opening. Peterson said staff is working with the owner and anticipates coming up with an appropriate design. MOTION: Ackerson moved to approve a certificate of appropriateness for the project at 336 South Governor Street, as presented in the application, with the following conditions: provide product information for the new windows; locate egress windows so as to minimize the cut in the existing fascia; new window trim must match the material, profiles, and dimensions of the historic trim. Baker seconded the motion. The motion carried on a vote of 8 -0 (Durham, Litton. and Michaud absent). CERTIFICATES OF APPROPRIATENESS: 617 Brown Street Ackerson said that because he is an owner of this property, he would recuse himself from consideration of this item. He then left the table. Peterson stated that this property is on the south side of the street in the Brown Street District. She showed a view from the street, stating that this is a four - square from the early 20th century. Peterson showed a view from the back and said that the work has already advanced to the point where the window is installed. She said staff has been working with the contractor and the owner and has come up with suggestions for how to get this project into compliance with the guidelines. Peterson said it is not compliant, because it doesn't have the appropriate trim that one would expect on windows. Peterson showed the bay window on the side of the house. She stated that the windows are trimmed out, and the edge of the roof is trimmed, and that is what one would expect for the bay window on the back. Peterson showed a sketch of the expression of the sill and trim at the base, with a different roof, so that there can be window head trim and some roof fascia trim. She said the owners are willing to do this. Peterson said staff recommends approval, with the condition that the final design be approved by the chair and staff. She said there is also a component involving stucco repair to match the rest of the house, which is acceptable to staff. MOTION: Corcoran moved to approve a certificate of appropriateness for the project at 617 Brown Street, as presented in the application and described in the report, with the following conditions: the installed bay window will be modified with a roof that includes fascia trim and window head trim, and with an extended base that includes a defined sill with the applicant to provide information detailing these modifications for the final review and approval by the Commission chair and staff; and new stucco work shall match existing stucco on the existing foundation. Sandell seconded the motion. The motion carried on a vote of 7 -0 (Durham, Litton, and Michaud absent: Ackerson abstainina). Ackerson left the meeting HISTORIC PRESERVATION COMMISSION June 12, 2014 Page 4 of 18 725 East Davenport Street. Peterson said this property is one of the University /Neighborhood partnership projects. She said that a lot of work has been done already, and this is the final phase of the exterior. Peterson showed the front of the house on Davenport Street. She showed the back of the house and where the basement door /landing is. Peterson said that is what needs Commission approval. Peterson said that, with the door removed, the proposal is to put in a window with the same head height but filled in with block to match, with new water table trim, a couple of boards of siding and then trimmed out like the rest of the windows on the house. She said that because it is a change in the size of an opening, it needs Commission approval. Peterson stated that staff is asking for the usual documentation of products and final window size. Swaim asked if there is another entrance to the basement. Peterson said there is a way to get into the basement from the interior. MOTION: Baker moved to approve a certificate of appropriateness for the project at 725 East Davenport Street as presented in the application, with the following conditions: provide product information for the new concrete block; provide product information for the new window, including dimensions; confirm materials for infill between the window and the top of the concrete block; and provide information as needed for staff review of all other listed work items. Wagner seconded the motion. The motion carried on a vote of 7 -0 (Ackerson, Durham Litton, and Michaud absent). 814 Ronalds Street. Peterson said this property is on the north side of Ronalds Street. She said the project involves the addition of a screened porch. Peterson showed the front and back sides of the house. She said the property is a key, contributing property in the Brown Street Historic District. Peterson showed a photoshop of what the screened porch would look like. She said it would fill in the corner and extend beyond the wall of the first floor space, with a landing and stairs down. Peterson said that details for the railing were missing, and the drawings did not show skirting, so staff is just asking that those remaining items be turned in. Peterson said the roof ties in and is as would be expected. Swaim said that it still allows a little corner on the right side but does not interfere with that. MOTION: Corcoran moved to approve a certificate of appropriateness for the project at 814 Ronalds Street, as presented in the application, with the following condition: applicant to confirm skirting design for the porch and balustrade design for the stoop and stairs, including dimensions for spindles and top and foot rails, for review and approval by staff. Baker seconded the motion. The motion carried on a vote of 7 -0 (Ackerson, Durham, Litton, and Michaud absent). 220 East Jefferson Street. Miklo said this property is in the Jefferson Street Historic District but is also individually listed on the National Register of Historic Places and is a local landmark. He stated that the proposal is to replace the windows on the first and second floors, with the exception of the decorative, leaded glass windows on the front of the property. HISTORIC PRESERVATION COMMISSION June 12, 2014 Page 5 of 18 Miklo stated that the windows on this property are somewhat larger and of a higher grade than one typically sees in a residential setting. He said they also have a rounded trim detail that reflects similar detail on the church itself. Miklo said the guidelines encourage the repair of windows, especially historic windows, before replacement is considered, unless there is an indication that windows are severely deteriorated and would be difficult to repair. He stated that he and Peterson both visited the property and saw a I sampling of the windows but did not see any evidence of the sorts of things that normally lead to window replacement, such as wood rot or warping. Miklo said that the windows they saw seemed to be in very good condition compared to most that they see. Miklo said that even the glazing was in somewhat good shape. He said that, as with any window, periodic maintenance in terms of painting and repairing the glazing putty would be expected. Miklo said they did observe that the sash cords were broken, and therefore the windows were a little more difficult to open than usual. He said that a solution to that would be to repair the sash cords — a relatively simple fix. Miklo said that Peterson has some expertise in terms of having attended training courses on preservation of historic windows, and, based on staff's observation, they did not find windows that warranted replacement. Miklo said that, based on the literature and information from the National Trust and the State Historical Society, staff feels that repair of these windows may be a more cost - effective approach compared to replacement. Miklo said that at this point, staff does not recommend approval of the application. He said that if certain windows are found or demonstrated to be in poor condition, as the guidelines require, then staff would recommend replacement of just those windows with replacement sashes that do not obscure the trim and that keep the same profile and design of the existing windows. Miklo said staff's recommendation is to deny the application, as submitted, but the alternative motion is to approve the replacement of just those windows that are determined to be in poor condition. Corcoran asked if the windows are of the type that has storm windows in the winter and screens in the summer. Miklo said that these have modern storm windows — combination storm windows. He said the interior windows appear to be the original windows. Peterson stated that the storms are well done and fit inside the distinctive trim. Swaim said this is a lovely building that has been well maintained. She said that windows are something that come before the Commission quite often. Swaim said there is a lot of research that shows that replacement doesn't often offer a better alternative than actually repairing what is there. She said that it also maintains the integrity of the house, because windows are an enormous part of the expression of the house. Spiegel said that he is the resident of this home. He said he has lived in the house for four years and has been unable to open any window in the house simply for ventilation. He said that the windows that are operable are only operable with great struggle and do not offer copious ventilation, especially the storms. Spiegel said something about while the storm windows are modern, they're certainly not contemporary, and they lack a great deal of usefulness as well. Spiegel said that the consideration for this request to make this property more habitable. They are respectful of the exterior and its design. He said they simply want to provide the residents of this property, those of this century and not two centuries previous, the ease of their operation and upkeep. Spiegel said they really want to be partners in the restoration or upkeep and they should not be HISTORIC PRESERVATION COMMISSION June 12, 2014 Page 6 of 18 denied because they have kept up the property. He said that if they had allowed the windows to deteriorate, there would be no question about this. Swaim said that part of the problem is that there is no evidence in the packet to show the Commission that the windows have reached a point of deterioration where they need to be replaced. Miklo confirmed this. He said that, as noted, there were broken cords, which does make it more difficult to open the windows. Miklo said that if the cords are reattached, the weights then make it easy to move the windows up and down. Peterson said she thinks that repairing the existing is the more appropriate means of upkeep. She said she feels that total replacement is quite extreme. Peterson said these are not deteriorated; they need routine maintenance. She said they are a very distinctive feature of the property. Miklo noted that the storm windows could be replaced. He said the guidelines would allow that, because these are not original storm windows. Miklo said that if the storm windows are part of the issue with ventilation, those could be replaced. Swaim asked how one would repair the sash cords. Miklo said there is a pocket toward the bottom of the window to the side. He said there is a screw there to be unscrewed that would provide access to the weight. Miklo said that one would then run a new cord, tie it to the sash, and reassemble. He said there are several contractors in town who specialize in window repair and confirmed this is not a complicated process. Miklo said the proposal is to use the Pella architectural series. He said the sample that he saw did not meet the guidelines, because it would call for removal of the sashes and installation of a new liner with the window package. Miklo said that sometimes can obscure the trim. He said the profile isn't the same as the historic windows. Miklo said that if the windows were determined to be damaged or in poor condition, then there are several sash replacement brands that fit in the original opening that would not obscure any of the trim. He said that also, the profile and size of the sash would better match the historic windows. Baker asked how it would be determined whether a window is irreparable. Miklo answered that Peterson has had some training in this, and he would have her look at the windows. He said that in some cases, where photographs have been submitted, it is obvious that there is wood rot and /or separation of the joints. Miklo said that window replacement has been approved in cases such as that. He said that in cases where it is questionable, he would recommend a site visit and possibly also having a window contractor take a look at this with staff to determine if replacement is necessary. Spiegel said maintenance of windows is also a concern, and a new product would solve this maintenance issue. He said the problem that they are having is the inability to keep property maintenance. Spiegel said he does not foresee them being able to overcome that problem. He said the only way to overcome that is by using one of those that require less maintenance. Spiegel said that one can simply maintain these windows and make some very easy adjustments, but these are not easy adjustments. He said the maintenance is a problem, and that is what he wants to get away from. Spiegel said the fact that this is burdensome to them is clear by the fact that they have been unable to do it. He said that is why they are before the Commission in the first place. Spiegel said that the amount of maintenance these windows require, they can't keep. He said that they could spend money and get them back into somewhat of a pristine condition, and they would be back again. Baker asked what kind of maintenance is being put into these windows now that is so burdensome HISTORIC PRESERVATION COMMISSION June 12, 2014 Page 7 of 18 Spiegel said he thinks some of the window trim will crack and break in some areas and have to be replaced. Spiegel said they are not modern window technology, and they would like to have that technology. Spiegel said that in other things that have been done with the building over the years, they have always kept its historic appearance and presentation. He said they have done the things that are appropriate. Spiegel said the cellar door is now made of steel, for example. He said it doesn't need painting and seals better. Spiegel said this isn't an exhibition property; it is a living residence. He said that historic tours of what it was like to live in an 1890s house are not conducted. Swaim said she assumes that most of the cost of repair is labor. She said that cord replacement would involve very little in the way of supplies. Swaim said that replacing the windows involves a more monumental cost. Peterson said that replacement is a bigger undertaking and a lot more disruptive. She stated that the windows have held up all these years, because they are made of these very high quality materials that one cannot get with modern windows. Peterson said the modern windows therefore do not have the life expectancy of these originals that used old growth wood. Peterson said that is why the old windows are preserved — because of the quality. She said that anything needs maintenance, and as these are maintained, they have a much longer life expectancy and so are more economical in the long run. Swaim asked how often this maintenance has to be done. Miklo said that the cords generally last a long time, perhaps over 20. Ozeroff said that he is a parishioner at Saint Mary's and also a window replacement contractor. He said that he was involved in planning for the replacement project. Ozeroff said that it is hard to tell from the picture, but these windows are larger than typical. Ozeroff said that the windows on the ground floor are 90 inches tall, and on the second floor the windows are 80 inches tall. He said they are very heavy and are original solid, wood windows. Ozeroff said they are not easy to open up. Swaim asked for the dimensions of the upstairs windows. Ozeroff said that it varies. Corcoran asked if the application is to replace all of the windows, including those on the top. Ozeroff confirmed this. Corcoran asked about the big picture window. Ozeroff replied that the big picture window would not be replaced. The proposal is to replace the other 28 windows on the first and second floor. Swaim said that the windows in her house are 96 inches tall but not as wide as these windows. She said that at one time they were painted shut, and then a painter used a putty knife and there was a little touchup. Swaim said those that have been opened that way and those that were fine to begin with really open quite smoothly. Swaim said there are two ways of working this. She said the Commission could make a motion or could set this aside and table it for a future meeting to enable some further examination of the windows. Corcoran said she would like to delay this consideration and discuss this further before taking any action. HISTORIC PRESERVATION COMMISSION June 12, 2014 Page 8 of 18 MOTION: Corcoran moved to defer consideration of an application for the wholesale replacement of windows at 220 East Jefferson Street. Clore seconded the motion. The motion carried on a vote of 7 -0 (Ackerson, Baldridae, Durham, Litton, and Michaud absent). Miklo asked if a subcommittee of the Commission would like to visit the property inspect the condition of the windows. Swaim agreed and said that someone skilled in working with old houses and windows should be present. She said she believes there is a solution that will work for everyone. 508 South Summit Street. Peterson said this property is a four - square in the Summit Street Historic District. She said the application is for new soffits and roof fascia and gutters. Peterson said that gutters do not require historic review, but soffits definitely do. Peterson showed the existing and said that there is also work that has started and is non - compliant. Peterson showed the original and the replacement that is aluminum. Peterson said it covered some of the trim — the dark - painted bed mold — and is altering the historic trim. Peterson said that staff feels this is non - compliant, because it is not one of the approved replacement materials. She stated that the original is wood, and the replacement is aluminum. Peterson said it does not meet the requirements for substitute material. She said the whole intent of the guidelines is to repair, to replace in kind, and, as a last choice, to find a substitute material that would need to be reviewed and approved by the Commission. Peterson said there is a lot of supplemental information in the packet. Swaim added that there are photographs in the packet of where this was rotted through. Sandell asked, where the repairs are already done, if that trim piece is just covered up or if it has been removed. Peterson said she would guess that it is covered up. Sandell asked what percentage of the house has been repaired like this. Peterson guessed that it is about half. Peterson said that staff recommends that if something cannot be done in wood, fiber cement board is the next best substitute. She said that it comes in a beadboard pattern. Miklo said that it replicates beadboard. He said that in some cases, the beadboard can be patched in, and if there is a large area, it may be more economical to use the plywood that mimics the beadboard and is relatively simple to install. Clore asked if that piece of trim is the only concern. Peterson said the concern is that the aluminum is not one of the recommended materials for replacement. She said it does not have the same character as the original. Peterson said that it is running in a different direction. Miklo said the porch has been completed and portions of the front and side. He said someone from the neighborhood had noticed and asked about this, and the owner had not realized a permit was required. Swaim said that for a house with such wide eaves, it is apparent in that the light falls differently on the aluminum with the pattern pieces and such. HISTORIC PRESERVATION COMMISSION June 12, 2014 Page 9 of 18 Clore asked if other houses in the district have aluminum. Peterson said that this may have been done on some houses in the districts. She said that if it was done before the district was designated, it wasn't a problem, as it was grandfathered in. Peterson said it is seen on other old houses, but it would have been done before the area was designated a district. Agran said, to clarify, that the portion of this that was done was recent, and then the project was stopped because of this review. He asked what the ramifications would be for the owners at this point if a motion to deny this were passed. Miklo responded that the aluminum would have to be removed and the beadboard repaired or a substitute material such as the plywood with the beadboard pattern installed. He said the gutters as installed are allowed. Baker said that this issue has arisen before, and the homeowners have been required to remove the material when work has started. She said her concern about this is that it sets a precedent for people to say they didn't know it required a permit and review before the Historic Preservation Commission and be allowed to do something that is not allowed using that as the excuse. Baker said she had similar holes in her eaves and soffits and had them repaired with wood. She said there was more than one appropriate alternative to doing this. Cappos said that she is one of the owners of this house. She referred to the letter citing what a treat it was for she and her husband to move to Summit Street. She said they lived on Oakland Avenue before in a house with aluminum siding and soffits. She said they moved two blocks, because they wanted a bigger house and wanted to live in a historic district. Cappos said they love fixer - uppers, and this is certainly a fixer - upper. Cappos said they took on this house and did a lot of work on it. She said she did not look in the handbook and did not know this wasn't okay, because she came from a house that has even more aluminum. Cappos said she is sorry for not for the situation. Cappos said they plan to do a lot of other projects on this house, and she expects to be before the Commission a lot more for permission to do things that would never compromise the integrity of this home. She said it is really important to them. Cappos said they have spent about $8,500 replacing all the soffits, fascia, and gutters. She said it could cost another 15 to 20 thousand to replace this, if that is what the Commission decides has to be done. Cappos said they cannot afford that right now, as they have done a lot of work on the inside, including plumbing, updating electrical, removing lead paint, and removing asbestos from the basement. She said there have been a lot of other projects to work on to get this house up to the way it is now. Cappos said that she wanted to say she's sorry and would like the opportunity to make this house even better for the neighborhood and the community. Champion said that this house was a disaster. She said that it was infested with raccoons. Champion said they have made so many improvements to this house. She said she hopes the Commission can find some reprieve for them, because they have done so much for this house and Dunnington said she is a friend of the Cappos family and has helped to restore the house. She said that she and Cappos love historic properties, and that is why they chose to live here. Dunnington said she finds this to be unduly punitive and harsh upon them, when it does not impact the street view of the house in any way whatsoever. She said that prior to them taking on this house, it was wretched and like a swamp. Dunnington stated that it was not owner - occupied, and there were tenants coming and going. Dunnington said that Cappos worked so hard and so long and invested so much money in this, because she cares about it. Dunnington said that to have this kind of overregulation and punitive HISTORIC PRESERVATION COMMISSION June 12, 2014 Page 10 of 18 action is really going to impact their entire family financially for very little gain. She said she wanted to offer her support for the Cappos family and what they have done to improve that neighborhood. Newhard stated that he is one of the owners of the contracting company that did the work on the soffits and the gutters. He said it starts with him, and he also apologizes to the Cappos family and the Commission. Newhard said they made a mistake; they should have come to the Commission first and asked permission to do this work. Newhard asked that the new members of the Commission and the old members of the Commission looking forward look at the soffit and fascia work maybe in a different view kind of like the gutters. He said he feels that they really helped preserve the home, and he does not think it takes away from the street view. Newhard said his argument would just be to look at this; it's preserving it from critters, rotten wood, and infestation. He said that some of the work in the photograph is not yet done; there is some wood and some aluminum. Newhard said he knows there are rules; and rules are rules. Newhard said that as the Commission moves along and encounters more situations like this, he thinks it is something the board should consider — that soffits and fascia are not changing the look of this historic, beautiful home. Newhard stated that the gutters are six -inch commercial size gutters, and they are covering up the fascia. Newhard said he would appreciate it if the Commission look at this as a single situation. Miklo said it was asked what the ramifications are if the Commission doesn't approve this. He said there have been situations where the Commission has given a time frame to undo work to take into account the financial concerns. Corcoran asked about the age of the Summit Street Historic District. Miklo said it was created in 1983. Swaim said that in this case, a building permit was required. Miklo responded that it was required for the soffit work but not for the gutters. He said that the fascia is not visible; it is behind the gutters. Miklo said he does not think that is a concern. Clore asked if there is anything in the Iowa City rules that requires the City to tell the builder that a permit is required. Miklo replied that it is the contractor's responsibility to seek building permits. He said the contractor would seek a building permit, and the building official would note that the property is in a historic district and inform the contractor of the process that needs to be followed. Clore asked the contractor if he was informed of this. Newhard, the builder, answered that he did not apply for a building permit. Clore asked, if the contractor is the party that did not apply for the permit, why the homeowners would bear the financial burden of this. Newhard said that if this is denied, he will have to sit down with the family and try to figure something else out. Clore asked Newhard if he takes on the responsibility for that, and Newhard said he absolutely did. He said he did something that was wrong in this district. Corcoran asked Newhard if, when he normally installs soffits at other locations, he applies for a building permit. Newhard answered that he does. He said that a lot of work that he typically does with his siding company is in North Liberty, where he does a lot of new construction, in which case the permit is taken out by the general contractor. HISTORIC PRESERVATION COMMISSION June 12, 2014 Page 11 of 18 Newhard said he had done work at the Cappos' previous residence but has not done a lot of siding work in Iowa City. He said that he started as a gutter company and did not do a lot of that work in Iowa City. Newhard said his company expanded into doing siding in the new construction market to the north, but he has not done a lot of re- siding, soffit, and fascia work in Iowa City. Newhard said it was an honest mistake. Clore asked what the rules are when dealing with a case in which there was no permit. Miklo said that if something is done without a permit, there is a stop work order, and no more work can occur until a building permit is issued. He stated that the fine is a doubling of the fee for the building permit, which is usually not very much. Miklo said that a building permit cannot be issued until the Historic Preservation Commission approves of the proposal. Agran said that he is very sympathetic to the property owner and also somewhat sympathetic to the contractor. He said that he has worked for contractors and knows the importance of pulling the permits, and one always takes a risk if a permit is not pulled, which he knows is sometimes the case. Agran said he feels that this is an issue to be resolved between the contractor and the homeowner. He said that if a permit had been pulled at the beginning, before $8,400 had been invested in this property, the homeowner and contractor would have been notified that new soffits made of fiber cement, an acceptable material, could have been put in and would have been more impervious, theoretically, to animals than the wood. Agran said that that would have been a pretty good compromise in terms of repairing these. Agran said it is a tough thing to have this work half - completed. He said he is sympathetic to the concerns of what kind of feelings this cultivates about historic preservation in the community but is also sympathetic to the idea that, if a bar lets a lot of underage people in without carding them and says we should have known better, well rules are there for that reason. Agran said it's hard to hold double standards in that sense. He said this seems like a conflict that needs to be resolved between the homeowner and contractor, and the Commission is here to produce a simple response to the situation. Agran said that doesn't mean the situation is resolved in any way, but he did not believe the Commission would be the party to provide that resolution. Fath, who said she is a friend of Cappos, said the feeling the community has about historic preservation is pretty negative because of things like this. She said this is a very expensive thing to ask Cappos to do because of the aluminum soffit, and the soffit doesn't do anything negative to the look of the house. Baker said it is covering up some trim and wood details that were visible originally. Fath said paint a black stripe to replicate the trim. It is nothing; it really isn't. She said that after seeing this meeting, she would never live in an historic district. Fath said she doesn't want the Commission to decide about how much money she can spend on her soffits. Agran said he understands that completely. He said, however, if this was approached in the manner of the church's application, from the very beginning, that motion was tabled because it seemed that further discussion or reconsideration might be needed. Agran said that the fact that a building permit was not pulled for the work makes this an issue that seems to be almost outside the Commission's jurisdiction. Agran said he did not know what he would do in the homeowner's position. He said it is not actually a reflection on historic preservation so much, because if everything had gone according to the rules, it HISTORIC PRESERVATION COMMISSION June 12, 2014 Page 12 of 18 may actually cost less than $8,500, because it could have been just soffit repairs instead of total soffit replacement. Agran said this is what happens when one doesn't pull a building permit, and it doesn't reflect on the nature of historic preservation. Newhard said the cost assumption is wrong; it would be a lot more expensive. He agreed that he made a mistake but said that is neither here nor there. Newhard said he knows he did wrong. Regarding the permit, he said he needs to pay the fine and is living and learning. Newhard said that is not the situation here. He said it is not about the permit. Newhard said it is about the Commission looking at this house in a historic district and saying if it is okay or not okay. He said that is what the Commission is deciding; it's not about the permit or anything else. Newhard said regarding the cost he would like the Commission to throw the money out at this point and make a decision about historic preservation. He said metal was a better way to preserve the house. Corcoran said the Commission's job is to enforce the guidelines, and that is the law. She said she served for six years on Iowa City's Board of Adjustment. Corcoran said that like the Commission, it is a quasi - judicial body in that it makes decisions about whether or not people can have variances from the zoning code or special exceptions. Corcoran said there were many cases when people went ahead and put on an addition or built over a boundary line or did something but did not inquire or do any investigation. She said the Board of Adjustment had to enforce the ordinances of Iowa City that were adopted by the City Council. Corcoran said people had to undo work and bear that extra expense. She said she agrees with Agran and Baker in that the Commission has these guidelines to enforce and must be fair to all the applicants who come before the Commission. Corcoran said that if the Commission decides to rescind or partially abrogate the application or a particular guideline or rule, then it does set a precedent. She said it is legal precedent, because the next person who comes before the Commission with a similar situation, and it might not even be soffits but something else, the person can invoke that precedent. Corcoran said that puts more pressure on the Commission to ignore or move away from the guidelines and their enforcement. Swaim said she agrees with Corcoran's points and said that consistency is critical to a body like the Commission. Cappos said she wanted to remind the Commission that five years ago, when she lived on Oakland Avenue, she put an addition on the back of her home and came before the Historic Preservation Commission to do that. She said they also did extensive remodeling of the house they moved into for which they applied for permits for electrical, HVAC, plumbing, and fixing a load- bearing wall. Cappos said they have always gone through the channels when they have decided to make changes to their homes, whether it's additions or just updating whatever. Cappos said it's not like she does this, and this is how she sneaks around. She said this is one time in a massive amount of remodeling, and she screwed it up. Cappos said this is not her way of doing business. Swaim and Corcoran said they understand that this was an honest mistake on the parts of both Cappos and the contractor. Newhard asked if a permit is required for installing aluminum siding and soffits. Miklo said that if one is doing siding work or soffit work in an historic district, a permit has to be obtained. Newhard asked if a permit was required outside a historic district. Miklo responded that he does not know outside of the district; he is familiar with the historic district. HISTORIC PRESERVATION COMMISSION June 12, 2014 Page 13 of 18 Dunnington said that she wanted to respond to the comment about a judicial body. She said that since someone felt the need to inform the City about the aluminum soffits, which otherwise would never would have come before the Commission, one can drive down Summit Street, Oakland Avenue, and other places and find any number of things out of compliance. Dunnington said that she feels like to abuse the power that the Historic Preservation Commission has punitive policing with informants coming to the Commission to tell it about the hideous aluminum soffits that are not even visible from the street really does weaken the position of the historic preservation. She stated that a lot of advocates are being lost because of this. Swaim said that Miklo pointed out that where there is non - compliance, it is because it was done before a district was created. Miklo said the City did receive a call from someone in the neighborhood questioning the work. Wagner said the City does not go around looking for non - compliance but is made aware of this when a neighbor calls in. He said the City assumes it is being done right, and if someone brings up a discrepancy, a building inspector investigates it. Wagner said that is standard operating procedure. Corcoran said that presumably there would be a heightened sense of the historic value and need for preservation on Summit Street. Wagner added that the building permit asks if the property is on a flood plain or in an historic district, and a contractor would check for that when the building permit is applied for. Swaim said that everyone on the Commission is amazed and astounded when someone takes on a house like this that has fallen apart and does not have a good reputation because of tenants and such. She said the City really needs citizens like this who take things like this on. Swaim said that, on the other hand, the City also needs citizens like the ones who serve on the Historic Preservation Commission to keep preservation functioning as it is supposed to, through the guidelines and the ordinances that the Commission is supposed to enforce. Corcoran asked, if a motion to deny is approved, what the process would be. Miklo said that a stop work order has already been issued by the building official. He said the owners could therefore not continue the work to cover the remainder of the soffit. In terms of removing the soffit, Miklo added that there have been other cases when the Commission has given a period to come into conformance. He said the owner would have the choice to leave it as it is for that period or to work with a contractor to undo what has been done and replace it with a material that meets the guidelines. Corcoran said she assumes that, if this is denied, the contractor and homeowner will have to discuss this and then apply for a building permit to move forward. Miklo said that they would not be able to move forward with the aluminum soffit but would have to go forward with an approved material. He said that a substitute material; such as a marine grade plywood with a beadboard pattern, original beadboard, or fiber cement with a beadboard pattern; could be approved in the motion. Miklo said that original beadboard would not require approval; it would involve a certificate of no material effect, but the plywood with a beadboard pattern or fiber cement with a beadboard pattern would require approval, which the Commission could do via a motion. Swaim pointed out that original beadboard would require working with staff and the chair but would not require full Commission approval. Miklo agreed. Swaim asked, for the section that has not yet had metal put on, if there are places that are still open to raccoons and such. She stated that something has to be done for those places right away. HISTORIC PRESERVATION COMMISSION June 12, 2014 Page 14 of 18 Corcoran said that if this is denied and not allowed to go forward, would there be a need for the homeowners to come back before the Commission with this particular project. Miklo said that if the homeowners are going to replace the beadboard that is currently there with another material, they will need to return to the Commission. He said that to expedite things, the Commission might want to include in the motion the approval of beadboard or an approved substitute material of wood or fiber cement board. Corcoran said she is comfortable voting to deny this and having the homeowners come back so that the Commission can make certain this goes forward properly. She said that the motion could be drafted to include what the instructions are for what the owners would need to do to come into compliance. Corcoran said the Commission can also build into the motion some protection that the owners will also be working with staff and the chair to get final approval for this. Swaim said she assumes the Commission would like to have this move along as quickly as possible and not have this delayed by extra processes and visits. Corcoran asked if the Commission wanted to include a time period in the motion for the owners to come into total compliance. Sandell suggested setting the time period at five years. Wagner said that this was really the responsibility of the contractor, not the homeowner. He stated that the owners would not want to have their gutters half done for five years. Wagner said he did not like the idea of five years to comply, because it sets a precedent. He said there are residents on Summit Street who would love the Commission setting a precedent that when they do something wrong they have five years to fix it up. Corcoran suggested a two- or three -year period. Agran said that some of these things make more sense to him when they are scaled up. He said that when the new building on the ped mall was going up, if the permits had not been pulled at the very beginning, they would not have been given five years to undo it. Agran said the debate among Commission members is a simple one to him. He said it is informed by the financial and emotional complexities of this. Agran said he sees the Commission's response as very straightforward. He said the stopgap occurs before anything gets to the Commission, and that is the permit requirement. Agran said that since the building permit was not pulled, he does not see that this has that much to do with the Commission. He said the conflict needs to be resolved between the homeowner, the contractor, and the City or courts as a mediator if there is conflict that cannot be resolved. MOTION: Corcoran moved to deny a certificate of appropriateness for the project at 508 Summit Street, as presented in the application. Wagner seconded the motion. The motion carried on a vote of 7 -0 (Ackerson, Baldridge, Durham, Litton, and Michaud absent). Miklo asked if the Commission wanted to consider a motion with an alternate material. Corcoran said she agrees with Agran that this is a question of liability on the part of the contractor. Miklo said the owners would not have to come back before the Commission if the contractor agrees to repair this according to the guidelines, if the Commission approves a motion with a substitute material. He said that if the owner uses original material, a certificate of material affect would be sufficient. Agran said that since the City has put a stop on this, if work is to continue, the owner would have to re -apply for a building permit anyway. He said that would then proceed along its normal course and come back to the Commission. Agran said that if the new proposal is clear -cut, it could be approved administratively and quickly. Miklo pointed out that there have been other cases where the marine grade plywood /beadboard pattern as a soffit repair has been approved administratively. HISTORIC PRESERVATION COMMISSION June 12, 2014 Page 15 of 18 REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF: Swaim said there is a list in the packet and asked if anyone had questions. DISCUSS UNITARIAN UNIVERSALIST BUILDING 10 SOUTH GILBERT STREET: Swaim said that Michaud brought this issue up but was unable to attend the meeting. She asked if the Commission would like to defer this until Michaud can be in attendance. MOTION: Baker moved to defer discussion of the Unitarian Universalist Building at 10 South Gilbert Street to the Commission's next meeting. Corcoran seconded the motion. The motion carried on a vote of 7 -0 (Ackerson, Durham, Litton, and Michaud absent). DISCUSS SUGGESTIONS FOR MITIGATION MEASURES TO OFFSET THE ADVERSE EFFECTS TO HISTORIC PROPERTIES RESULTING FROM FEMA FUNDED UNDERTAKINGS FOR THE UNIVERSITY OF IOWA: Swaim said there are now three items before the Commission from which to choose. She said that salvage of the Sabin School entry arches for reuse in a public park or school was recommended by the Commission at their last meeting. The Commission had also recommended preparation of a National Register Nomination for Horace Mann and an educational program about historic preservation, but the School District has declined to participate so those two no longer possibilities. Miklo said the Commission makes a recommendation to FEMA, which determines a course of action. Swaim said the first option was the salvaging of one or more of the doorway arches from Sabin. She said the second, which would be done by hiring a consultant out of the mitigation funds, was to revise or rewrite a multiple property document for schools throughout Iowa. Swaim said that involves a case when there is a large body of historic structures, such as railroad depots or a certain period of churches, and then this kind of document would be written to give an overall context of railroad depots in Iowa from 1850 to 1960. She said that then any individual depot that is nominated can pull from that document, rather than starting from scratch in putting together the context for a nomination. Swaim stated that the one that was done for public schools several years ago did not pass muster at the national level. She said that is something the Commission could consider recommending. Swaim said the other is an intensive level historical and architectural survey of the south side, which has been one of the priorities of the Preservation Plan. She said that some of those things have not been pursued because of lack of staff and consultant time. Corcoran asked what a survey of the south side would encompass. Miklo said it is basically the River Front Crossings area, which would be Gilbert Street west to the Iowa River and Burlington Street south to Highway Six. He said it is an area where the City is encouraging redevelopment, so the idea would be to determine what is there that is worth preserving or making a landmark. Trimble said she is with Friends of Historic Preservation. She said that one of the things has come up recently with Tate Arms, which was a rooming house for African American students. Friends is working on a site inventory form for a local landmark designation. Trimble said that if an intensive survey is done on the south side, then possibly more of those buildings could get landmark status before they are torn down. Trimble said it is really critical that this is done now, because most of those buildings won't be there in five years. She said a survey would be very helpful, and Friends of Historic Preservation is willing to HISTORIC PRESERVATION COMMISSION June 12, 2014 Page 16 of 18 take on writing those site inventory forms. Trimble said it will happen more quickly and easily if a professional does all the research. Miklo said he did talk to the Parks and Recreation Director about the archways and the planned park, where the wastewater treatment plant is at the south end of Clinton Street, and the possibility of incorporating one or more of the arches into some sort of feature in the park. Miklo said that the director was very open to that occurring. Miklo said that, from the City's perspective, there is concern about taking the stones and just putting them in storage. He said they would want, as part of the approval, to have them reassembled in the new park facility versus just giving them to the City to reassemble, because there could be quite some expense to reassembling them. Miklo said that could be part of the recommendation if that is one of the options the Commission selects as a recommendation. Sandell assumed that there may be a trail connection between the City trail there and then south to the new school. He said the archways might make a good threshold as kind of an historic feature. Miklo said an attractive thing about using them in the new River Front Crossings Park is that it is the same general neighborhood where the school is located. Miklo said that there is a concern that just salvaging the stones would not be sufficient mitigation unless they are actually reassembled, and there is some plaque or documentation that leads to something meaningful about Sabin School. Miklo suggested the Commission prioritize the three mitigation items. Swaim said she would like to see that whatever mitigation is taken is something that benefits the community. She said the heart of a community is often its schools, and that is what is being lost here. Swaim said that while she believes in statewide history, if losing Sabin School is a way of saving some of the south side as a result of an intensive level survey that is one way that she sees a bit of a silver lining. She said that her top priority would be the arches, because they are a tangible way to remind people and to show that preservation is not just a building. Swaim said her second priority would be the south side survey, and she would not include the public school rewrite. Corcoran asked about the arches being reassembled. Miklo said that FEMA has indicated that it has to, based on its requirements, resolve the project and have everything completed by September 2016. He said therefore the arches would need to be reassembled or there would need to be a commitment to do that by that date. Miklo said the park planning is going on now. He said the proposal is to remove the school building in the spring. Miklo said if saving the arches is the choice for mitigation, the archways may need to be stored for a period, unless the park plan identifies a suitable location before the school is demolished. Swaim said this is a wonderful opportunity to showcase some of the things that preservation does in terms of salvaging something and finding a new place for it in a public green space. MOTION: Baker moved that the Commission recommend to FEMA that the following mitigation solutions be considered in the priority order as follows: 1) the salvaging of the main entrance limestone archway and two additional limestone entrance archways for delivery to the City and reassembly for future use in a public park on the south side and 2) the intensive level historic and architectural survey of the Iowa City South Side Neighborhood, identified as Priority A in the Iowa City Historic Preservation Plan. Wagner seconded the motion. The motion carried on a vote of 7 -0 (Ackerson. Durham, Litton, and Michaud absent). HISTORIC PRESERVATION COMMISSION June 12, 2014 Page 17 of 18 CONSIDERATION OF MINUTES FOR MAY 8,2014: Swaim called for the correct spelling of Moffitt in two places on page one. MOTION: Wagner moved to approve the minutes of the Historic Preservation Commission's May 8, 2014 meeting and public hearing, as amended. Baker seconded the motion. The motion carried on a vote of 7 -0 (Ackerson Baldridge Durham Litton and Michaud absent). ADJOURNMENT: The meeting was adjourned at 7:15 p.m. Minutes submitted by Anne Schulte Z 0) _N Q O v V 0 � r F- W o > Z M � Z N D N W Z 12 W a F' H � a 0 N 2 CM x X X X X p - - X X x m LU X x X X X x X X X LLJ 0 x - X 0 x X p x x X x X x X i x X X X i X w O Cl) M Q" N o X X X i X x - x i X x n M a x X x i X x X X i X X N N r X X X I X X 0 x O O 0 x i x X X X i x X r O C r X i X I X X X LU i X x x x X x X o o x O 0o x x w o w 0 x x w w 0 0 N X i x X X - X i X X ti r x i X i x x X x I x x CO) r - i x I - x x x i x x to n LO 0 0 P- to r- LO 0 CL W W N N N N N N N N N N N H' M c�7 M ce) Cl) M M M M M M Z a w g Q~Q z w Z- LU Z �Lu 4 O p Y O m Z W Z F=- a 0 Z Z J LU o H W 9 : J Z ( Z M W p Q Z O Q p W z Y Z Y O v U_ Z a Q a m o co' N 3 7 x E W N �M.0 o aQaz xoo r w Y 09-0� 3b(5) mmm � Minutes Human Rights Commission APPROVED July 15, 2014 — 6:00 PM Helling Conference Room Members Present: Harry Olmstead, Shams Ghoneim, Andrea Cohen, Orville Townsend, Ali Ahmed, Kim Hanrahan, Stella Hart. Members Excused: Paul Retish, Joe Coulter. Staff Present: Stefanie Bowers. Others Present: Misty Rebik, Brittany Kimzey. Recommendations to Council: No. Call to Order: Olmstead called the meeting to order at 18:00. Consideration of the Minutes from the June 17, 2014 Meeting: Motion: Moved by Townsend, seconded by Hanrahan. Motion passed 6 -0. (Ghoneim not present). Meeting Business: Annual Report Commissioners reviewed the report for FY 14. The report is accepted unchanged. Motion: Moved by Hanrahan, seconded by Ghoneim. Motion passed 7 -0. 2014 Johnson County ADA Celebration This event is being held on Saturday, July 26 from 2 -4 p.m. on the Ped Mall. Hart and Cohen will represent the Commission at the event. The fee is $25 for a table. The Commission will participate in this event. Motion: Moved by Ghoneim, seconded by Townsend. Motion passed 7 -0. Human Rights Opportunity Fair Brittany Kimzey gave a brief overview of the Human Rights Opportunity Fair. It will be held on Wednesday, September 17 from l lam -3 pm at the Old Capital Center. So far, 22 organizations have confirmed participating in this event and Kimzey hopes the number will go as high as 40. One of the purposes of the event is to bridge the gap between the community and the University and to let the community know about some of the meaningful work that students do in the area of human rights here in Iowa City. The Commission will participate in this event. Motion: Moved by Hanrahan, seconded by Hart. Motion passed 7 -0. University of Iowa Center for Human Rights One Community One Book The Commission voted to donate to this community project. The author Reyna Grande will present in Iowa City on Saturday, October 4 at 7:30 pm on the University of Iowa campus. The book The Distance Between Us: A Memoir looks at how US immigration policies affect families. The Commission will donate $200.00. Motion: Moved by Ghoneim, seconded by Cohen. Motion passed 7 -0. Goal Setting Session The agenda incorrectly labeled the goal setting session for FY 14, Bowers noted it should have read FY 15. Commissioners decided to hold the session on Thursday, October 2 starting at 5 pm. The alternative date is scheduled for Thursday, October 9 starting at 5 pm. Bowers will locate a City facility to hold the session. Breakfast 2014 Misty Rebik, Executive Director for the Center for Worker Justice (CWJ), updated the Commission on the status of the allegations made against the Sheraton since the Breakfast of 2013. Rebik reports that no non - minority employees (past or present) have made any similar complaints against the Sheraton. She also discussed that the CWJ is working on the problem of wage theft here in Iowa City.' Some Commissioners voiced concern about consistency when doing business around town and whether they have heard both sides of the situation with respect to the Sheraton. Bowers mentioned that the location of the breakfast should be on the bus line. She added that last year's ticket price was $20. After a head count of Commissioners who would be comfortable returning to the Sheraton, Townsend moved that the Commission check with the Iowa Memorial Union (IMU) for availability and if that is unavailable, to use the Sheraton as the second choice for the 2014 Breakfast. Motion: Moved by Townsend, seconded by Hart. Motion passed 4 -3. (Cohen, Hanrahan, Ahmed in the negative). Commissioners are asked to come up with suggestions for a keynote speaker for the breakfast. Suggestions include William "Sandy" Boyd, Adrien Wing, Burns Weston, Royceann Porter, Kingsley Botchway, Chad Simmons, Orville Townsend, Diane Finnerty, Jim Leech, and LaTasha Massey. Further discussion is tabled until the August meeting. Bowers will forward information on the suggested people to the Commissioners. Reports: Iowa City Pride Cohen reports the event went well. (Olmstead left meeting) CIVIC Visitors -Human and Civil Rights for All Cohen reports the event went well. The subject was discrimination against the LGBT community. (Ghoneim left meeting) Building Blocks to Employment Job Fair Planning meeting for job fair will be held on August 19 at noon in the Helling Conference Room. Building Communities Townsend reported that Black Voices met with the Iowa City Community School District's Chief Human Resource Officer, Chace Ramey. They discussed improving the hiring process so that more minority instructors are recruited and retained. Commission Ghoneim (Bowers presented) will participate in a program through CIVIC where she will meet with an international visitor to discuss human rights here in Iowa City. ' See Human Rights Commission Meeting Minutes of November & December 2013 for background information. 2 Staff Bowers thanked Commissioners for their patience in getting a date selected for the Goal Setting Session. Adjournment: 19:52. Next Regular Meeting — August 19, 2014 at 6:00 pm. Human Rights Commission ATTENDANCE RECORD YEAR 2013/2014 (Meeting Date) NAME TERM EXP. 7/16/ 13 8/20/ 13 9/17/ 13 10/15/ 13 11/19/ 13 12/17/ 13 1/21/ 14 2/18/ 14 3/18/ 14 4/29/ 14 5/20/ 14 6/17/ 14 7/15/ 14 Ali Ahmed 1/1/17 - - - - - - X X O/E O/E O/E X X Orville Townsend, Sr. 1/1/17 X X X X X X X X X O/E X X X Paul Retish 1/1/17 - - - X X X X X O/E X X X O/E Kim Hanrahan 111115 X X X X O/E X X X X X O/E O/E X Shams Ghoneim 111115 O/E X X X X X O/E X X X X X X Stella Hart 1 /1 /15 - - - - - - - - - - - X X Jewell Amos 111115 X X X X O/E X X X O/E R R R R Joe D. Coulter 1/1/16 O/E X X X X X X X X X X X O/E Harry Olmstead 1/1/16 X X X X X X X X X X X X X Andrea Cohen 1/1/16 - O/E X X X X X X O/E X X X X KEY: X = Present O = Absent WE = Absent/Excused NM = No meeting - -- = No longer a member R = Resignation r �,:'_,— -4 CITY OF IOWA CITY 3b' MEMORAND Date: August 25, 2014 To: Mayor and City Council From: Bob Miklo, Planning & Zoning Commission Re: Recommendations from Planning & Zoning Commission At their August 21, 2014 meeting the Planning & Zoning Commission approved the August 7 minutes with the following recommendation to the City Council: The Commission voted 6 -0 to recommend approval of REZ14- 00012, a request by St. Andrew's Presbyterian Church for rezoning 33.37 acres located north of Camp Cardinal Boulevard and east of Camp Cardinal Road from Interim Development Single Family Residential (ID -RS) to Low Density Single Family Residential (RS -5), subject to the Conditional Zoning Agreement requiring the reconstruction of Camp Cardinal Road to City collector street standards and the extension of water and sewer lines to the north and west property lines. Construction plans for Camp Cardinal Road and water and sewer infrastructure must be approved by the City and under construction prior to issuance of any building permit. All other site development code requirements including construction and emergency vehicle access to the construction site and extension of water lines to the site are required prior to issuance of any building permit. A final certificate of occupancy will not be issued until all infrastructure improvements are complete and accepted by the City. Additional action (check one) No further action needed Board or Commission is requesting Council direction _X_ Agenda item will be prepared by staff for Council action PLANNING AND ZONING COMMISSION APPROVED AUGUST 7 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, John Thomas, Charlie Eastham, Ann Freerks, Paula Swygard, Phoebe Martin MEMBERS ABSENT: Jodie Theobald STAFF PRESENT: John Yapp, Kirk Lehmann, Sara Hektoen OTHERS PRESENT: Mary Gravitt (3714 Wayne Avenue #6), Nick Bettis (1860 Boyson Road, Hiawatha, IA), John Roffman (1314 Burry Drive) RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 6 -0 to recommend approval of REZ14- 00012, a request by St. Andrew's Presbyterian Church for rezoning 33.37 acres located north of Camp Cardinal Boulevard and east of Camp Cardinal Road from Interim Development Single Family Residential (ID -RS) to Low Density Single Family Residential (RS -5), subject to the Conditional Zoning Agreement requiring the reconstruction of Camp Cardinal Road to City collector street standards and the extension of water and sewer lines to the north and west property lines. Construction plans for Camp Cardinal Road and water and sewer infrastructure must be approved by the City and under construction prior to issuance of any building permit. All other site development code requirements including construction and emergency vehicle access to the construction site and extension of water lines to the site are required prior to issuance of any building permit. A final certificate of occupancy will not be issued until all infrastructure improvements are complete and accepted by the City. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Mary Gravitt asked if the property at College Street and Gilbert Street was rezoned. Yapp explained it was not. Gravitt asked if an application was submitted to rezone it. Yapp replied no application has been submitted. Rezoning Item REZ14 -00012 Discussion of an application submitted by St. Andrew Presbyterian Church for a rezoning of approximately 33.37 acres of property from the Interim Development Single Family Residential (ID -RS) zone to the Low Density Single Family Residential (RS -5) zone located at the east side of Camp Cardinal Road, north of Camp Cardinal Boulevard. Planning and Zoning Commission August 7, 2014 - Formal Page 2 of 6 Lehmann introduced the site by showing the location maps from an aerial view. He explained that the Walnut Ridge subdivision was to the east, Camp Cardinal Boulevard was to the south, and Camp Cardinal Road abutted the property to the west. Lehmann noted that the site is currently Interim Development because Camp Cardinal Road, the only street access to the site, is currently an unimproved rural road with no sidewalks, gutters, or pavement. He continued that environmentally sensitive features are on the site with woodlands, a stream corridor, and critical and protected slopes to the south and two ravines with steep slopes protruding into the center of the property. He added that wetlands may be present on the site, but that St. Andrew had not yet heard back from the Corps of Engineers. Lehmann noted that it is likely development would require a sensitive areas site plan or sensitive areas development plan which would require an OPD designation. Lehmann said that St. Andrew Presbyterian Church owns the land, so the purpose of the rezoning to Low Density Single Family Residential is to build a church. He noted that religious institutions are allowed as special exceptions in RS -5 zones, but that any specifics regarding the church, like lighting, parking, or landscaping, will be reviewed by the Board of Adjustment. Lehmann said St. Andrew had been in discussions with the property owner to the north about the possibility of an RS -8 zoning designation for the northwest corner of the property or senior housing adjacent to Camp Cardinal Road, but that this requires a future rezoning application. Lehmann said the Comprehensive Plan shows the area as low to moderate density single family residential uses (2 -8 units per acre), and that churches are allowed in single family residential zones. He added that the surrounding properties to the north, west, and south were undeveloped, but that the land to the east has been developed as a large -lot subdivision (Walnut Ridge). Staff believes RS -5 is compatible with the Comprehensive Plan and surrounding areas. Lehmann continued that some issues needed to be addressed before the site could be developed. He pointed out that Camp Cardinal Road needed to be improved for adequate street access to the church and future development. He also noted normally the subdivision process was when water and sewer lines are extended to adjacent property lines, but that in this case staff is recommending these infrastructure requirements as a condition of rezoning, as the Church may be constructed without a subdivision. He concluded that staff recommended making the reconstruction of Camp Cardinal Road to collector street standards and extending water and sewer lines to the north and west property lines should be conditions for the rezoning to allow future development in the adjacent properties. He added that this recommendation was revised and has been distributed to the Commission. He said that infrastructure improvements should be planned and construction underway before the issuance of building permits. He ended his presentation by showing additional pictures of the site. Freerks asked if all sites with wetlands and sensitive areas required an OPD. Yapp responded that if the development activity was nonintrusive enough, it was not necessarily required. He added that there is a difference between a Sensitive Areas Development Plan and a Sensitive Areas Site Plan, and the required plan depends upon the sensitive areas inventory in combination with the eventual development plan for the property. He concluded that there is a chance a Sensitive Areas Development Plan may come to the Commission. Freerks asked for the staff report to better reflect this. Yapp agreed. Eastham asked for clarification regarding drainage through the possible wetland. Yapp said that if it is a wetland, then it a mitigation strategy would need to be discussed with the applicant. He added that this may include drainage from the area, depending on the wetland delineation. Planning and Zoning Commission August 7, 2014 - Formal Page 3 of 6 Martin asked where the parking lot would be. Yapp replied the applicant brought a conceptual development plan of the church for when he speaks. Eastham asked about the rationale of rezoning the entire site to RS -5 when the immediate plan for a church only requires a small portion of the land. Hektoen noted that it is currently under common ownership and that the applicant chose not to do so. Eastham asked if it had to be rezoned RS -5 for the construction of the church. Hektoen said that is the application before the Commission. Freerks opened public discussion. Nick Bettis of Hall and Hall Engineers introduced himself as representing the owner. He showed the preliminary conceptual plan for the church. He noted that the presence of a wetland could alter the current layout; the church is planned for between the two ravines and parking is on the edges of the building. He added that there was discussion with the neighbor to the north of sharing road improvement costs and that the plan shows single family lots in the northwest corner but those are subject to change. Bettis also pointed out that trails were planned for the open space on the site's east side. He said they had a public meeting with neighbors and that their primary concern was parking lot lighting and the trail location. Eastham asked if stormwater management was determined. Bettis responded that they have preliminary stormwater basins at the bottom of the ravines. Freerks asked if they have to figure out stormwater before their special exception hearing. Bettis said they did, but that plans the Commission is seeing are all preliminary. Eastham asked if the trails would be public. Bettis said that current discussion wasn't that detailed other than that members wanted nature to be involved in their church. Yapp noted that these considerations are typically overseen by the Commission in the subdivision process, but this may not occur in this circumstance. He continued that if they build without subdividing, these issues would be addressed by the Board of Adjustment. Freerks asked if that included sensitive areas. Yapp said that it would. Freerks ask for clarification about whether the Board of Adjustment typically reviews these issues. Yapp noted that this situation was unusual, but that staff would require all these issues to be addressed. He added that if sensitive areas are being disturbed and an OPD was required, then it would return to the Commission. Dyer asked why the proposal was coming to the Commission in this preliminary stage. Yapp responded that the residential zoning needed to happen before a special exception application was made. Eastham asked if any other residential development is currently being considered for the east side of the site. Bettis responded that at this time, the church is keeping that as open space. Bettis finished by showing an architectural rendering of the church. John Roffman introduced himself as the Chair of the St. Andrew Building Committee, and said he wanted to address Eastham's question about the land to the east. He continued that secondary access to the east is difficult because of the sensitive areas and that members wanted their church's ministry to include nature as much as possible. He added that the church didn't think the revenue would have been sufficient to justify its development. Freerks closed public discussion. Thomas moved to recommend approval of REZ14- 00012, a request by St. Andrew's Presbyterian Church for rezoning 33.37 acres located north of Camp Cardinal Boulevard and east of Camp Cardinal Road from Interim Development Single Family Residential (ID- RS) to Low Density Single Family Residential (RS -5), subject to the Conditional Zoning Planning and Zoning Commission August 7, 2014 - Formal Page 4 of 6 Agreement requiring the reconstruction of Camp Cardinal Road to City collector street standards and the extension of water and sewer lines to the north and west property lines. Construction plans for Camp Cardinal Road and water and sewer infrastructure must be approved by the City and under construction prior to issuance of any building permit. All other site development code requirements including construction and emergency vehicle access to the construction site and extension of water lines to the site are required prior to issuance of any building permit. A final certificate of occupancy will not be issued until all infrastructure improvements are complete and accepted by the City. Martin seconded. Eastham said that he thinks it is a fine site for a church and that there will be plenty of vehicular access for the site, but that he wanted to make sure the sensitive areas codes are applied. He added that he is worried the area may be too big to rezone all at once when the church only needed a fraction of the site. Freerks said she thinks it is hard for a growing church to find enough land within the city, so she likes that they are trying to be good stewards of the land. She added that she sees no problem with rezoning the whole area because it will be utilized. Thomas said it seems like they are dealing with a procedural issue and that the site has many sensitive features. He expressed concerns that the church and parking may have a negative impact on the site's natural features. Martin liked that the church is paying attention to the land and that the view from the sanctuary church was considered important to the church. Eastham asked if there was a way to make the rezoning contingent on the ownership of the church so that if the land was sold to a developer, they would have to rezone it again. Yapp replied that zoning is tied to the land, not the owner. Hektoen agreed. Yapp added that there have been some discussions about residential development, but that any applications would be made in the future. A vote was taken and the motion carried 6 -0. Consideration of Meeting Minutes: July 17, 2014 Dyer moved to approve the minutes. Swygard seconded. A vote was taken and the motion carried 6 -0. OTHER Yapp clarified that one of the Board of Adjustment standards for special exception applications was that all City codes must be followed. He added that this is when a sensitive areas inventory would be made, and either a sensitive areas site plan, which is administrative, or sensitive areas development plan, which comes to the Commission, would be created. Yapp continued that Jesse Allen, the developer of the project discussed at the consultation with Council, has withdrawn that application for a planned development and has submitted a new single family application for the August 21St agenda. He noted that the consultation was an hour Planning and Zoning Commission August 7, 2014 - Formal Page 5 of 6 long and that Eastham led the discussion. Yapp said he thought the Commissioners articulated their rationales for and against the application very well. Eastham asked the Commissioners if there was still interest in hearing about the design process for Sycamore Street by the new elementary school. Freerks asked how far the street design's progress was. Yapp said it is under design so that it can be constructed in time for the school's opening in August, 2015. Eastham said that scheduling a discussion about road design had been mentioned before and that he was concerned that the street segment as currently marked may not be conducive to the integration of that neighborhood as it developed. Eastham asked for a discussion with traffic engineers and acknowledged that the Commission has no authority over the design process. He added that he thought the Commission was responsible to provide infrastructure to new development. Yapp replied that Bob Miklo has talked with the City Engineer and Transportation Planner about coming to the Commission to explain the street design process and indicated that presentation of the Sycamore Street design could be a part of the presentation. Freerks agreed that street design was important to discuss, but she wasn't sure the best way to do it. Hektoen said this should be added to the agenda if the Commissioners were interested. Yapp agreed that it should be scheduled and said he would invite Sarah Walz to bring in the bigger picture for the South District. The Commission agreed. Yapp added that public workshops for the South District Plan are tentatively scheduled for late September or early October and that staff would keep the Commission informed. ADJOURNMENT: Martin moved to adjourn. Swygard seconded. The meeting was adjourned on a 6 -0 vote. z O m 0 V Z_ Z N 06 Z z z J a X X XIXIX 0'IX ti �xXXXXXX ti xlxlo xlxlx x � XxXXIXXIX ,xX XIxxXX �Xxxxxlxx ,,,e,,xXxxXXI'O Mlx XIXIX o X X NxXXXxxx T NxxXolxlxx T �XXXXXxX T U) �wCflcoMtilnoLo wa�nU)LOLO U) U*) Un I- W 0 0000000 w Z m w J — J 2 Z W Q 0 Z = V Q= a 0 0 ao VQYZaQQ — W m H 2 W w P o 0 m 2 ZGWIi2toHH NXXXXxXX 0 NXXXXXxX N (0 NXXXXXXx O Z rXxX�Xxx v — H W w °XXXXXXX T W w T O w N � N � XXXXXXX Q J W D N X O X U) 2w(oomr--owo 5 X x x x e- T w wa00LO Z 00LO z O w O LL W F- Q N XXxXXXx z w m Z - NxXXXxxx T NxxXolxlxx T �XXXXXxX T U) �wCflcoMtilnoLo wa�nU)LOLO U) U*) Un I- W 0 0000000 w Z m w J — J 2 Z W Q 0 Z = V Q= a 0 0 ao VQYZaQQ — W m H 2 W w P o 0 m 2 ZGWIi2toHH NXXXXxXX N NXXXXXXx rXxX�Xxx T NXXXXXXX � XXXXXXX U) 2w(oomr--owo 5 e- — T e- w wa00LO Z 00LO z Z n I-X0000000 W z w m W J a m � 0C)<= 0 V QYZaQtn waHw�002 Q ZOW ILi2U)H Q w�a� aQaz� n n n n n XOw O w Y IOWA CITY TELECOMMUNICATIONS COMMISSION APPROVED MONDAY, JULY 28,2014--5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST. -TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Laura Bergus, Nicholas Kilburg, Matt Butler MEMBERS ABSENT: Brain Elias, Alexa Homewood STAFF PRESENT: Ty Coleman, Mike Brau. OTHERS PRESENT: Josh Goding, Bond Drager SUMMARY OF DISCUSSION "M Mrm 31� Goding reported Mediacom experienced some technical problems with the transmission of PATV's signal. The problem has been resolved. Drager said the library now offers podcasts. Coleman reported that city staff, Homewood, and Butler met with Grassley to discuss Mediacom's proposal to move the library channel and cease analog transmission of the basic tier in preparation to offer a 305 Mbps internet service. Mediacom still has about 1 100 subscribers to the basic tier that do not have digital converters. These subscribers would need a converter to continue to receive all the channels in the basic tier. Mediacom needs the spectrum space currently being occupied by those analog channels to offer the 305 Mbps internet service. Butler said Mediacom is requesting a timeline in which the channel changes would occur very quickly with a very long, open -ended time period for the start of the 305 Mbps service. A more definite timeline is needed. Bergus said a deadline for any compensation from Mediacom could be established. The Commission agreed that getting an HD .channel for the local access channels is the highest priority. Getting digital converters and better internet service for the library are also high priorities. Bergus said Mediacom should be asked if the internet upgrade would be available to the entire community. Brau said the next script for a video explaining how to conduct and interpret a speed test has been written and forwarded to Joel Bouwers. Brau said he talked to people in the University of Iowa Orientation office who said it was too late to get materials promoting the consumer education website included with their materials but that beginning this year the city communications department has a table at some of their events. A quarter sheet was forwarded to them to distribute. An email was sent to the Iowa City apartment owners association informing them of the resource and suggesting they provide the information to their tenants. Brau noted additional questions have been added to the local access channel survey that ask about how valuable each channel is to the community. A draft PATV client satisfaction survey has been developed and forwarded to PATV for input. The PATV client survey can be included as a branch off the larger survey for those who indicate they have utilized PATV as well as sent directly to PATV's client list. APPROVAL OF MINUTES Bergus moved and Butler seconded a motion to approve the amended July 28, 2014 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Kilburg noted there was a complaint report included in the meeting packet. Coleman said all complaints have been resolved. MEDIACOM REPORT Coleman said he had nothing to report that is not covered under another agenda item. LOCAL ACCESS CHANNEL REPORTS The City Channel, the library, and PATV submitted written reports included in the meeting packet. Goding reported Mediacom experienced some technical problems with the transmission of PATV's signal. The problem has been resolved. Future "Live and Local" programs will feature the Summer of the Arts, the Crisis Center, Table to Table, the Center for Worker Justice, Iowa City Fencing, and United Action for Youth. PATV staff recorded several Little League tournament games. Two City High baseball games will be recorded. Drager said the library now offers podcasts. The library channel is looking for a college intern for the next year. MEDIACOM INTERNET PROPOSAL Coleman reported that city staff, Homewood, and Butler met with Grassley to discuss Mediacom's proposal to move the library channel and cease analog transmission of the basic tier in preparation to begin offering a 305 Mbps internet service. Mediacom still has about 1100 subscribers to the basic tier that do not have digital converters. These subscribers will need a converter to continue to receive all the channels in the basic tier. Mediacom needs the spectrum space currently being occupied by those analog channels to offer the 305 Mbps internet service. Brau distributed a document with a list of items for which the city might negotiate. Drager said she was asked to forward the library's position that they do not want to do anything that would hinder better internet service and do not object to changing their channel number, however, the library would prefer to move to channel 20 as they had that channel in the past. The library would like to have at least 8 weeks of notice prior to the move. Brau said the city lacks legal authority to prevent Mediacom from moving the channel numbers of the local access channels. Coleman asked what the Commission's priorities might be for negotiating items. Drager said the library's public internet service is frequently over - utilized and speeds are slow. The library has several 105 Mbps connections from Mediacom as well as backup bandwidth from Windstream and the City's network. Butler said Mediacom's proposal offers benefits to both the city and Mediacom. Kilburg said he would like to get some seed money to fund PATV after 2018. Bergus asked if Mediacom had indicated they were willing to provide any of the items listed. Butler said Grassley had not made any specific commitments but did indicate that Mediacom might provide one HD channel. A fiber connection would be needed to transmit the signal but who would pay for it was unclear. Coleman said Grassley said Mediacom would initiate a campaign to get digital converters to those who need them and inform viewers of the channel change. Bergus said that it makes little sense for the access channels to transmit an analog signal that Mediacom then converts to digital and that getting digital modulators for each access channel is a good idea. Coleman said a digital modulator costs about $5000. Brau noted that some of the items listed, such as notification of subscribers who would need a digital converter and the public relations effort to inform subscribers of the change in the library channel location, are not burdensome. Other items, such as providing a fiber link for an HD channel and funding for PATV, would be more costly. Bergus said getting an HD channel should be pursued. The logistics of a joint HD channel could be complex and all the details of its operations, including promotion and program listings, need to be thought through and considered as a package. Bergus said making HD content available on- demand had been previously discussed. Coleman said on- demand programming requires a digital converter. Butler said Mediacom is requesting a timeline in which the channel changes would occur very quickly with a very long, open -ended time period for the start of the 305 Mbps service. A more definite timeline is needed. Bergus said a deadline for any compensation from Mediacom could be established. Goding said PATV is quite interested in an HD channel and could provide about 10 hours of HD programming per week at this point. PATV could assist with the outreach effort to get digital converters to the 1100 subscribers who would need them. Drager said the library could also assist in the effort. Butler said Grassley said that Mediacom would roll a truck to install digital converters for those 1100 subscribers. Coleman asked about the Commission's priorities. Bergus said only Mediacom could provide an HD channel. Each access channel could conceivably purchase digital converters. The Commission agreed that getting an HD channel is the highest priority. Getting digital converters and better internet service for the library are also high priorities. Bergus said Mediacom should be asked if the internet upgrade would be available to the entire community. CONSUMER INTERNET EDUCATION PROJECT Brau said the next script for a video explaining how to conduct and interpret a speed test has been written and forwarded to Joel Bouwers. Brau said he talked to people in the University of Iowa Orientation office who said it was too late to get materials promoting the consumer education website included with their materials but that beginning this year the city communications department will have a table at some of their events. A quarter sheet was forwarded to them to distribute. An email was sent to the Iowa City apartment owners association informing them of the website and suggesting they provide the information to their tenants. Brau said he inquired into business internet offerings. CenturyLink said they have a number of services ranging from DSL to high capacity infrastructure and can provide them to nearly all locations. Mediacom's high -end business offerings, including a gigabit fiber connection, are negotiated on a case -by -case basis. Their lower -end offerings are nearly the same as residential tiers but at a higher cost. Brau said Iowa City has fairly robust internet offerings but the cost is much higher than many communities. Brau distributed maps showing where the city has fiber optic cable and noted that the network is fairly extensive. Some sections of the network have excess capacity, some does not. The school district also has a network that will connect all the schools in the near future. It is likely a competitive provider, such as Google, who requests information from communities in which they might consider entering, would be impressed with the city's infrastructure and the detailed mapping of conduits, poles, ducts, and other right -of -way information. South Slope, AT &T, Iowa Network Services, and some a few others have a small amount of fiber in limited areas. LOCAL ACCESS CHANNEL SUR Brau noted additional questions have been added to the local access channel survey that ask about the how value of each channel to the community. A draft PATV client satisfaction survey has been developed and forwarded to PATV for input. The PATV client survey can be included as a branch off the larger survey for those who indicate they have utilized PATV as well as sent directly to PATV's client list. ADJOURNMENT Bergus moved and Butler seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:38 p.m. Respectfully submitted, Michael Brau Cable TV Administrative Aide TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD (X) = Present (0) = Absent (O /C) = Absent/Called (Excused Elias Ber us Kilburg Butler Homewood 9/23/13 x X X X o/c 10/28/13 X X X X X 12/30/13 O/C X O/C X X 1/27/14 X X X X X 2/24/14 X X X 0 0 3/24/14 X X X X X 6/2/14 0 X X X X 6/23/14 0 X X X X 7/28/14 0 x x x 0/c 8/25/14 X X X X x (X) = Present (0) = Absent (O /C) = Absent/Called (Excused