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HomeMy WebLinkAbout2014-12-11 Info PacketCITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY www.icgov.org December 11, 2014 IN Council Tentative Meeting Schedule DECEMBER 16 WORK SESSION MEETING IP2 Work Session Agenda IP3 Copy of staff memo and correspondence: Proposed Taxi Ordinance IP4 Article from City Manager: California Prosecutors sue Uber for misleading customers I135 Article from City Manager: We Can't Trust Uber I136 Memo from City Clerk: KXIC Radio I137 Memo from City Clerk: Council Meeting Schedule for February and March I138 Pending Work Session Topics MISCELLANEOUS IP9 Retirement invitation for Rick Fosse IP10 Iowa City Public Library 2016-2021 Strategic Plan IP11 Civil Services Entrance Examination —Treatment Plant Operator —Water IP12 Council Economic Development Committee minutes —October 13 DRAFT MINUTES IP13 Board of Adjustment: November 12, 2014 IP14 Historic Preservation Commission: November 13, 2014 12-11-14 :�.:.�• City Council Tentative Meeting Schedule IN .�1 Subject to change December 11. 2014 RM CITY OF IOWA CITY Date Time Meeting Location Tuesday, December 16, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, January 6, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Saturday, January 10, 2015 8AM-5PM Special Budget Work Session Emma J. Harvat Hall (Department Presentations) Monday, January 12, 2015 1:00-7:OOPM Special Budget Work Session Emma J. Harvat Hall (CIP Presentations) Tuesday, January 13, 2015 5:00 PM Special Work Session Emma J. Harvat Hall Tuesday, January 20, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Monday, January 26, 2015 4:30 PM Joint Meeting / Work Session IC Public Library Tuesday, Feburary 3, 2015 5:00 PM City Conference Board Meeting Emma J. Harvat Hall Work Session Meeting 7:00 PM Formal Meeting Tuesday, February 17, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, March 3, 2015 5:00 PM City Conference Board Meeting Emma J. Harvat Hall Work Session Meeting 7:00 PM Formal Meeting Tuesday, March 17, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, April 7, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, April 21, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, May 5, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting CITY OF IOWA CITY UNESCO CITY OF UTEMTTURE 12-11-14 IP2 1 l ; gaffil j�b CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 3S6-5000 (319) 356-5009 FAX www.icgov.org City Council Work Session Agenda December 16, 2014 Emma J. Harvat Hall - City Hall 410 E. Washington Street 5:00 PM ■ Questions from Council re Agenda Items ■ Review of proposed taxi regulations [IP # 3 of 12/11 Info Packet and IP # 4 Info Packet of 11/25] ■ Information Packet Discussion [December 4, 11] ■ Council Time [IP # 6 Info Packet of 12/11] ■ Meeting Schedule [IP # 7 Info Packet of 12/11] ■ Pending Work Session Topics [IP # 8 Info Packet of 12/11] ■ Upcoming Community Events/Council Invitations =d �- 'o•MEMORANDUM CITY OF IOWA CITY �1 DATE: NOVEMBER 25, 2014 TO: TOM MARKUS CITY MANAGER FROM: SIMON ANDREW, ADMINISTRATIVE ANALYST I� ALEC BRAMEL, INTERN CITY MGR.'S OFFICE SUSAN DULEK, ASS'T. CITY ATTORNEY DEREK FRANK, POLICE SGT. DOUG HART, POLICE CAPTAIN MARIAN K. KARR, CITY CLERK RE: PROPOSED TAXI ORDINANCE Introduction The proposed ordinance is the result of two somewhat simultaneous events, the police investigations into sexual assaults this past spring and the expected arrival of ridesharing services such as Uber and Lyft. After Council discussed the Police Department's taxicab recommendations at the August 19 work session, staff invited all the taxicab businesses to a public forum on September 9, 2014 as directed by Council. At about this same time, Uber, a ride -sharing business headquartered in San Francisco, contacted staff, and an Uber consultant met with staff. Staff has also reviewed recent state and local laws regulating ridesharing services, including those of Minneapolis, Seattle, and Colorado. The approaches other municipalities have taken to regulating ridesharing services are varied, ranging from attempts to shut down ridesharing operations to near deregulation of taxi operations. The recommendations presented by staff fall somewhere in between; staff focused on the degree to which each recommendation met the goals outlined below. Last, although most of the current taxicab provisions have not been substantively changed, they have been reorganized. Goals and Principle In drafting this proposal, staff was guided by five goals and one principle. The goals are: 1. The police need timely and accurate information on vehicles and drivers. This goal is described more fully in Paragraph 1 of a Memo from the Police Chief to the City Manger dated July 18, 2014 and as Public Safety Issue #1 in the handout developed by the police department for the public forum. We have attached both the memo and the handout for your reference. 2. Consumers need to be able to identify vehicles and drivers. This goal is described more fully in Paragraphs 2, 3 and 4 of the Chiefs memo and Public Safety Issue #2 in the public forum handout. 3. The taxicab needs to be safe vehicle. 4. The driver needs to be a "good driver." r -t 5. The fare charged needs to be a "fair price." By fair, staff is not recommending that the City begin to regulate the amount of fares, but rather that the passenger needs to know how the fare will be determined before agreeing to get into the taxicab. The principle is that the regulations for "traditional' taxicab businesses and their vehicles and drivers need to be the same as those of the ridesharing businesses and their vehicles and drivers with limited exception. Definitions The term "metered" is used to identify a traditional taxicab business. In this business model, the business "dispatches" a driver to a passenger, and a passenger may hail a taxicab. The term "network" is used to identify a ridesharing business. In this business model, the business "connects" a driver to a passenger via a web -based application ("app"), and it cannot be hailed. Notable Changes to the Current Code In addition to the changes needed to regulate the ridesharing services (i.e., network taxicab businesses), the following are the notable changes to the current Code: 1. Airport shuttles. Staff did not believe that continuing to regulate airport shuttles furthered any of the five Goals. Additionally, staff could not find a reason why it was necessary to regulate them but not limousine services or charter transportation services. 2. Business issued identification cards. Based on Goals 1 and 2, the proposal requires the City rather than the business to issue the cards. This will insure good quality identification cards as well as a digital file containing photographs of all drivers. Staff realizes that it will take time to administer, this but it is an important step in fulfilling Goals 1 and 2. 3. The exception that allows dispatching not to be done from the office from midnight to 6:00 am has been eliminated based on Goals 1 and 2. The police department needs to be able to contact the business in the middle of the night when investigating a crime. 4. Destination rate has been redefined to be a rate between any location within the corporate limits to any place outside the corporate limes to further Goal 5. The current definition allows passengers to be gouged, so to speak. For example, a business has a destination rate to Kinnick Stadium, but may drop off a passenger blocks away due to traffic. Also, drivers will choose to charge the person a destination rate or the rate shown on the meter whichever is greater. Staff believes these problems will be eliminated if a flat rate can only be charged to a location outside the City and not from one location within the City to another location within the City. 5. A requirement for a unique color scheme is added to meet Goals 1 and 2. Staff realizes that this too will require staff time to implement, but it is crucial to meeting Goals 1 and 2. Staff also realizes that will be a cost to businesses, but again it is needed to meet Goals 1 and 2. Notable Differences between Network Taxis and Metered Taxis As stated earlier, we believe that a network taxicab business should be treated the same as a network metered taxicab business to the extent possible. Below are the notable instances in each chapter in which they are treated differently and the reason why: Business Licenses: a. A network taxicab business is not required to have a local office. A metered taxi business is required to maintain a local office in order to provide information to the City during an investigation of a driver. This addresses Goals 1 and 2 as explained above. Network businesses provide important driver information via an application. This application provides the passenger with the license plate number, the driver's name, and the photo of the driver at the time the passenger accepts the ride. This information is stored electronically by the network business and on the passenger's individual account. The police will be able to obtain this information from the passenger or network business, eliminating the need for a local office. Additionally, a network business does not need space to dispatch drivers. 2. Decals: None. 3. Vehicle Requirements: a. Metered taxis must have meters, lettering and a lighted dome. This is because metered taxis can be hailed and network taxis cannot be. b. Metered taxis must have a unique color scheme. As stated above, the color scheme will assist a crime victim or witness in identifying a particular taxicab business and driver. A network passenger, on the other hand, will have certain information provided prior to the ride including the license plate, driver photo, and driver name, and this information is immediately available to the passenger either using the app or accessing an online account. c. Metered taxi businesses must operate a minimum of 4 cars. 4. Driver Requirements: a. Network drivers cannot respond to a street hail. As a result, they cannot, for example, pull up to the curb at bar closing and pick up passengers unless the ride was previously arranged via the app. 5. Rates: a. Network businesses are not required to file rate cards or use meters. When using a network business, the passenger is given a price range for the ride, and the passenger must accept this price using the app before the driver agrees to the ride. This assures the passenger of fair pricing. With a metered business, the rate card serves this same purpose, namely the passenger is apprised of the price to be charged before entering into the taxicab. 6. Liability Insurance: None. Background on Uber Uber is a 'ride sharing' application based service founded in 2009. The service operates on mobile smart phones as well as on a web application. Uber as a business has no employee drivers; rather they contract with drivers through their Uber application. An Uber driver acts independently and utilizes the Uber application to locate passengers that have requested a ride. This is similar to a traditional taxi service yet different as Uber cars cannot be hailed, no money is exchanged, and Uber provides more driver and vehicle information to the passenger before a ride takes place. The driver's picture and first name, their vehicle model, license plate number, and contact information is provided to the passenger on the Uber application prior to being picked up. Payment is handled completely through the Uber application, no money is exchanged and no tips are necessary. Once the trip is complete both the driver and the rider will both be emailed a receipt which is retained on the Uber application for future access. After a ride, both driver and passenger have an opportunity to rate one another through a five star system. This system is designed to keep bad drivers and inappropriate passengers out of the system; a driver with a low rating could potentially be restricted from driving for Uber. A driver must have a car newer than 2004 that is a mid-size four door or larger that is in good to excellent condition. A driver must also have personal auto insurance for themselves and the vehicle prior to operating for Uber. Uber performs a background check for their drivers, conducts video conference interviews, and a test of driving knowledge. Once this is complete a waiting period ensues. Uber then contacts drivers that meet their standards and allow them to begin operating and responding to rider requests via the application. Conclusion Staff is providing a copy of this memo and the proposed ordinance to all currently licensed taxicab businesses, to Uber, and to the cities of Cedar Rapids, Coralville, and North Liberty. We look forward to discussing this proposal at the work session on December 2. Enc. Copy to: Eleanor M. Dilkes, City Attorney-w/enc. Thomas M. Markus, City Manager-w/enc. Geoff Fruin, Ass't. City Manager-w/enc. Marian K. Karr, City Clerk-w/enc. Sam Hargadine, Police Chief-w/enc. Currently Licensed Taxicab Businesses-w/enc. Michael Triplett, Uber Representative-w/enc. Jasmine Almoayed, City of Cedar Rapids-w/enc. Thor Johnson, City of Coralville-w/enc. City of North Liberty-w/enc. �'= CITY OF IOWA CITY MEMORANDUM Date: July 18, 2014 C(Opy( To: Tom Markus, City Manager From: Sam Hargadine, Chief of Police Re: Taxicab Ordinance Recommendations The use of taxicabs during or surrounding the commission of crimes is not uncommon. Police investigations often involve the need to contact cab drivers and companies to locate suspects, witnesses, and victims. The types of investigations are widespread and can include any type of crime where a taxi was used as a mode of transportation; such as robbery, burglary, assault, theft, etc. Timely resolution to these investigations is of the utmost importance to the Iowa City Police Department and has a direct impact on the community's safety when a violent offender remains free. This was the case during a recent sexual assault investigation. As a result, City personnel have discussed areas of concern and have constructed five recommendations, which are included below. 1. During a recent sexual assault investigation the owner of a taxicab company was unable to provideaccurate or timely information about the company's current vehicles or drivers. The owner simply did not know who was driving for the company or which company or independent vehicles were being driven. At the time of the crime this information was not required to be kept by taxi businesses. Investigators spent in excess of 200 hours within a week tracking down possible drivers/cabs and compiling a spreadsheet that contained information that a company should reasonably be able to produce upon request. This greatly slowed the time that it took to identify and arrest a suspect in the case, thus allowing more time for the suspect to elude police and potentially continue to commit such crimes. Crimes such as burglaries, thefts, robberies, etc. frequently involve the use of taxi cabs somewhere in the course of the events. Investigations into these types of crimes have also been hindered by the lack of information. Often times a report is not made until a later date. When the investigating officer contacts a company it can be extremely difficult, if at all possible, to determine who had been working at the time the incident occurred and/or what vehicle was involved. As a result, we recommend that companies be required to hire drivers as employees of the business and for the vehicles to be owned by the business. This would undoubtedly result in investigating officers being able to access pertinent information with regards to vehicles and drivers because owners would have an expressed interest beyond simply collecting fees from drivers. Currently, numerous drivers operate as independent contractors and simply pay fees to the business for the right to use the company name on privately owned vehicles. The exact number of drivers and vehicles is unknown due to the lack of information on the owners' parts. When asked in a recent informal poll, most owners were only able to give estimates or guesses as to the number of drivers under their company name. Only two companies were able to provide an accurate count by checking their records. It is also not uncommon for some owners to contact the City Clerk to inquire about the number of vehicles they currently have operating. As an indirect impact, employing drivers will also provide benefits to those drivers that they do not currently have, such as workers' compensation, unemployment benefits, and minimum July 18, 2014 Page 2 C(OPY wage or greater earnings. Additionally, the business would contribute to Social Security and Medicare. 2. Require companies to dispatch from an accessible office 24 hrs/day. This would provide for an easier contact to the company and quicker access when trying to get in touch with a driver. All information about trips could be kept by the dispatcher and would be easily retrievable upon request. This would provide real-time manifest information by the companies in addition to the current requirement of manifests being maintained by drivers, thus establishing a system of checks and balances. This would be of great benefit when conducting criminal investigations to corroborate information that is provided to investigators. Again, in the recent sexual assault investigation, investigators spent several days and hundreds of hours attempting to locate and contact possible drivers and vehicles for a particular company. There was no oversight by the company and the owner had no information about who was working on a particular night. An accessible business office with a dispatcher, who has immediate contact with drivers, would eliminate this issue and allow officers to gather useful information in a timely manner, thus reducing the time required to investigate an incident and reducing the time that an offender would be able to remain free. 3. City issued IN for drivers that include photos. This would allow for the City to maintain a more comprehensive database of driver information. In the example of the sexual assault investigation, investigators could have quickly and easily had access to all drivers' information rather than relying on the owner to provide it, and ultimately spending hundreds of hours creating a list themselves. This information would also be useful in other investigations that may involve taxis, such as thefts, assaults, burglaries, welfare checks, etc. When combined with accurate lists of vehicles and drivers from the company, a comprehensive database would greatly reduce the time to identify individuals and bring an investigation to timely conclusion. Standardized City issued IN would also provide safety/security to customers of taxicabs. The information could be in a standardized format across all companies, thus being more easily read by customers, and including a photo would allow the customer to compare to the driver of the taxi in which they are riding. 4. Require unique color schemes for each company. One of the most common problems that the Police encounter when investigating taxicab related issues is that customers can not identify the company of the taxi that they used. Often times they are only able to provide a color and type of vehicle. This was the case during the recent sexual assault investigation. This contributed to the length of time that it took to identify and make an arrest in the case as well as the time that It took to clear a company that was initially identified by the victim. Unique color schemes would allow for identification, even if a customer was not certain of the company name. 5. Require a signature receipt for an informational packet regarding Iowa City taxi ordinances before drivers are able to be licensed by the City. One of the common responses that officers hear when addressing violations with drivers is that they are not aware of the current laws/requirements. Being educated on the laws could reduce the number of violations by drivers. July 18, 2014 Page 3 The ability to gather accurate information in an efficient manner is important in bringing criminal Investigations to a timely conclusion. In addition to identifying suspects and determining applicable charges, suspects and companies can also be cleared of involvement much sooner when useful information is available. This is not currently the case with regards to several of the taxicab companies in Iowa City. The lack of information and accurate recordkeeping by some has hindered investigations and monopolized investigators' time on tasks that should have been able to be completed in a matter of minutes, certainly not days. The above recommendations would address these issues and enable investigating officers to reach a quicker resolution to cases, thus providing greater safety to all who live in, work in, or visit the Iowa City community, just as similar regulations have been used in many other cities to protect their community members. Realizing that these recommendations are significant changes to the current requirements of companies and drivers, a phase-in period would be welcomed to assist in the transition. The intention is not to create hardships for owners and drivers, but rather to provide the greatest level of safety that can be offered to our community. '. CITY OF IOWA CITY CITY OFIGA"MEMORANDUM a"(WUHMTM November 20, 2014 Attached is a draft ordinance to be presented to the City Council at their Work Session on Tuesday, December 2. No action is planned for that meeting. Further action will not occur until Council provides direction to staff. Please contact Adm. Analyst Simon Andrew at 356-5010 with questions. TAXI ORDINANCE 11/20/14 working draft Goals: 1. PD Safety Issue #1. The PD needs timely and accurate information on vehicles and drivers. 2. PD Safety Issue #2. Consumers need to be able to identify vehicles and drivers. 3. The car needs to be safe. 4. The driver needs to be a "good driver." 5. "Fair pricing." DEFINITIONS AIRPORT SHUTTLE: A vehicle furnished with a driver that carries passengers for hire exclusively on a route that either starts at or ends at a commercial airport, and operates without a taximeter. APPLICANT: A person or entity wishing to operate as a taxicab business within the corporate city limits or a person wishing to drive a taxicab. CERTIFIED CALIBRATOR: Individual who possesses a certificate showing completion of a taximeter calibration course. Said certificate must state the individual qualifications to program, calibrate, repair and maintain a taximeter. Said certificate must also include the name of the meter manufacturer(s), and models for which the individual is qualified to calibrate. CHARTER TRANSPORTATION: A vehicle furnished with a driver that carries passengers for hire either on a fixed route in the city or pursuant to a written contract with reservations at least twenty four (24) hours in advance of the service. The vehicle shall operate without a meter installed and charge for services on an hourly basis or longer periods of time. CONNECT: The network communication process by which a driver accepts a requested ride via a web -based application system. DECAL: A sticker issued by the city clerk for each taxicab operated by a taxicab business. DESTINATION RATE: A flat fee charged by a metered taxicab business to carry a passenger from anywhere within the corporates limit of Iowa City to a specified geographic location outside the corporate limits of Iowa City that is applicable at all times and on all days. A destination rate cannot be charged for a ride that originates and terminates within the corporate limits of Iowa City. Examples of a destination rate are: Iowa City to Riverside Casino $_ and Iowa City to Eastern Iowa Airport $_. DISPATCH: The communication process, such as by means of telephone, radio, or mobile device, by which a metered taxicab business assigns a particular metered taxicab driver to a location to pick up a passenger. .,ice• ,..ti DRIVER: A person who is authorized by the city to drive a taxicab. a % ENTRY FEE: The fee charged when the taximeter is turned on regardless of the distance traveled. f HORSEDRAWN VEHICLE: Any vehicle operated or pulled by a horse, furnished with a driver and carrying passengers for hire within the city, and operates without a taximeter. LICENSE: Written permission by the city to operate a taxicab business. MANIFEST LOG: A daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip. A manifest log may be stored electronically. METERED TAXICAB. A taxicab in which the taxicab business dispatches a driver to a passenger or the driver responds to a passenger via traditional street hail, including hand gestures and verbal statements. A metered taxicab does not include a pedicab or horsedrawn vehicle. METERED TAXICAB BUSINESS: A taxicab business that operates at least one taxi by means of dispatching drivers and/or by means of traditional street hail, including hand gestures and verbal statements. A metered taxicab business does not include taxicab services provided by pedicabs and horse drawn vehicles. NETWORK REPRESENTATIVE: The person that a network taxicab business has authorized to file an application for a taxi cab business license and receive and accept all correspondence and notices from the City pertaining to the network taxicab business and its affiliated drivers. NETWORK TAXICAB. A taxicab in which the driver connects with passengers via a web -based application. NETWORK TAXICAB BUSINESS: A taxicab business that operates its business entirely via a web - based application system to connect drivers with passengers for taxicab services. PASSENGER: An individual being transported by a taxi cab business. PEDICAB: A vehicle propelled primarily by human power through a belt, chain or gears, having two (2) or more wheels, furnished with a driver and carrying passengers for hire. A motor may assist or supplement the human power, but the pedicab cannot be propelled exclusively by the motor. It shall be equipped with properly functioning front and rear lights for nighttime operation, right and left rearview mirrors and right and left turn signals, and operates without a taximeter. PREARRANGED RIDE: A period of time that originates when a driver accepts a requested ride through a web -based application, continues while the driver transports the passenger, and terminates when the passenger departs from the network taxicab. RATE CARD: A card containing the maximum fare rates and complaint procedure. A rate card must include the information shown on the city clerk's rate card template, and it must be filed with the city clerk. STREET: Any street, alley, court, lane, bridge or public place within the city. TAXICAB: All vehicles furnished with a driver that carry passengers for hire within the city, including, but not limited to, metered taxicabs, network taxicabs, pedicabs, and horsedrawn vehicles. "Charter transportation" and "airport shuttle," as defined in this section, and a vehicle owned or operated by any governmental entity that provides public transportation are not taxicabs. TAXICAB BUSINESS: A person or entity that provides taxicab services originating within the corporate limits of the city of Iowa City. TAXICAB SERVICES: All activities conducted as part of or in furtherance of a taxicab business. TAXIMETER: A device attached to a taxicab that automatically calculates at a predetermined rate or rates and indicates the charge for hire of a metered taxicab. WEB -BASED APPLICATION: A program that is accessed over a network or Internet connection that connects passengers and drivers and provides passengers with driver, vehicle, and rate information prior to engaging in a prearranged ride. BUSINESS LICENSES A. Taxicab business licenses shall be valid for one year. Ail business licenses shall commence on June 1 of each year, and shall expire on May 31. No business licenses will be issued unless an application is filed by May 1, except for pedicabs and horsedrawn vehicles. B. Each applicant for a taxicab business license shall file an application with the city clerk by May 1 on forms provided by the city. C. If the city clerk finds that the applicant has fully complied with the requirements of this chapter, the applicant has no outstanding judgments arising from municipal infraction citations, and the police chief or chiefs designee has determined that there is no information which would indicate that the issuance of the license would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall issue a license to conduct a taxicab business. D. If the city clerk subsequently finds that the taxicab business is not in full compliance with the requirements of this chapter or if the police chief or chiefs designee finds that continued operation of the taxicab business would be detrimental to the safety, health or welfare of residents of the city, the city clerk may revoke or suspend the license to conduct a taxicab business as provided in section 5-1-5 of this title. E. No taxicab business shall allow a person to drive a taxicab unless the driver has the authorization of the city clerk. F. The license cannot be sold, assigned, or transferred to another taxicab business. G. Taxicab businesses shall maintain manifest logs, stored electronically or otherwise, must be maintained and accessible to the city of Iowa City for a minimum of sixty (60) days. H. Each taxicab business shall provide taxicab service to the public twenty-four (24) hours a day, seven (7) days a week. I. Notwithstanding the provisions herein, network taxicab business licenses may be issued for the time period between February 1, 2015 and June 1, 2015. ACCESSIBILITY OF RECORDS A. Taxicab businesses shall maintain manifest logs, stored electronically or otherwise, must be maintained and accessible to the city of Iowa City for a minimum of sixty (60) days. B. Taxicab businesses shall provide the following vehicle information and driver information on demand to the city of Iowa City and this information must be accessible to the City in at least one of the following ways: A taxicab business shall have an accessible business office located within Iowa City or Coralville city limits. An accessible business office means that the office must be staffed twenty-four (24) hours a day, seven (7) days a week and is subject to inspection by the City without notice. Manifest logs must be maintained at the accessible business office. The telephone number listed on the application must be answered twenty four (24) hours a day, seven (7) days a week. 2. A web -based application used to connect passengers and drivers shall display for the passenger prior to engaging in a pre -arranged ride, at a minimum: a. the driver's first name and a photograph of the driver; b. the license plate number of the vehicle; and c. the vehicle's make and model. DRIVER REQUIREMENTS A. No person shall operate a taxicab without authorization of the city clerk. B. 1. Each person desiring to drive a taxicab shall file an application with the city clerk. 2. If the city clerk finds that the applicant has fully complied with the requirements of this chapter and the police chief or chiefs designee has determined that there is no information which would indicate that authorization to drive a taxicab would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall authorize the individual to drive a taxicab. Names of authorized drivers will be made available in the office of the city clerk during regular business hours and on the city website. 3. Driver authorization shall be valid for a period of one year from date of issuance. C. 1. Beginning February 1, 2015, each driver while operating a taxicab, which includes a prearranged ride, shall prominently display in locations in both the front and rear compartments a picture identification card that is visible to all passengers. The City shall provide the picture identification card and shall approve the locations where it is displayed. 2. Prior to February 1, 2015, each driver while operating a taxicab in the City, shall prominently display in locations in both the front and rear compartments an identification card that is visible to all passengers which is issued by the taxicab business showing the full name of the driver and the taxicab business. The card must be at least eight and one- half inches (81/2') in width and five and one-half inches (51/2') in height. The City -issued identification card satisfies this provision. 4 D. No driver shall smoke while transporting a passenger. No driver shall allow a passenger to smoke. E. No driver shall take a circuitous route to a destination, or any route other than the most direct route, without the express consent of the passenger. F. No driver operating a network taxicab, unless it is also a metered taxicab, may solicit potential passengers. Solicit means an appeal by words or gestures for immediate patronage of a taxi. A network taxicab driver shall not direct people to a network taxicab that is parked, stopped, standing or moving upon the street. G. No driver operating a network taxicab, unless it also is a metered taxicab, may accept or respond to passengers' or potential passengers' request for service via traditional street hail, including hand gestures and verbal statements. H. A network taxicab is not a "commercial vehicle" for purposes of the parking restrictions in Section 9-4 of the Code. I. The following provision applies to motorized taxicabs: 1. No person shall operate a motorized taxicab, including a pedicab that is assisted or supplemented with a motor, on the streets of the city, no person who owns or controls a motorized taxicab shall permit it to be so driven, and no motorized taxicab licensed by the city shall be so driven for hire unless the driver of such motorized vehicle shall have first obtained and shall have then in force a chauffeur's license issued under the provisions of the code of Iowa, as amended. VEHICLE REQUIREMENTS 1. Each taxicab shall be subject to an annual inspection, and no taxicab shall pass inspection unless it complies with this chapter, the vehicle equipment requirements of the code of Iowa, and administrative rules. 2. The City may require reinspection of a taxicab on belief that it is not mechanically fit. 1. In the event any taxicab is determined by the city equipment superintendent or designee not to be mechanically fit, the decal shall be confiscated and returned to the city clerk. After reinspection and determination that the taxicab meets the standards of mechanical fitness, a new decal will be issued and charged as established by council resolution. 2. The police chief or designee may require reinspection of a taxicab on belief that it is in such unsafe condition as to endanger any person. In the event any taxicab is determined by the police chief or designee to be in such unsafe condition as to endanger any person, the decal shall be confiscated and returned to the city clerk. After reinspection and determination that the taxicab meets the standards of mechanical fitness, a new decal will be issued and charged as established by council resolution. 3. In the event any network taxicab is determined by the city equipment superintendent or designee not to be mechanically fit, the City shall notify the network representative, and the network representative must immediately deny the driver access to the network's system. 5 After reinspection and determination that the taxicab meets the standards of mechanical fitness, the City shall notify the network representative and the driver may be allowed access to the network's system C. In order to solicit passengers, be hailed, or be dispatched to a passenger, a taxicab business and driver must meet the following requirements: 1. Taximeter: All taxicabs must be equipped with a taximeter that is in good operating order, and has been calibrated and sealed by a certified calibrator. Dated documentation must be provided to the city equipment superintendent, on a form provided by the city, with each inspection and filed with the city clerk when the inspection is completed. Calibration date must be within thirty (30) days prior to the annual inspection. Signage must be conspicuously displayed on the inside of a taxicab that states "If the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare available upon request." Verification Of Calibration For Taximeters: The city may require verification of a certified calibration for taximeters without prior notice for the purpose of ensuring compliance with this chapter. 2. Lettering Required: Each taxicab shall have the name of the taxicab business on each side of the vehicle in letters at least six inches (6") in height. Pedicabs and horsedrawn vehicles may use lettering smaller than four inches (4"). Removable signs and peel -off letters shall not be allowed. If a phone number is provided the number shall be the same number that appears on the taxicab business application and rate card. All letters and numbers, except for the name of the taxicab business, shall not be greater than four inches (4"). Lettering may be allowed on a window, if approved by the city equipment superintendent or designee. 3. Lighted Dome: Every motorized taxicab shall have a lighted dome attached permanently to the exterior roof of the taxicab with lettering that identifies the vehicle as a taxicab visible from the front and back of the taxicab. The lighted dome shall be a minimum size of twelve inches by one inch by three inches (12" x 1" x 3'). In the event the city equipment superintendent or designee determines that the permanent attachment of a dome to the exterior roof is not possible, the city equipment superintendent or designee may approve an alternative placement. If a phone number is provided the number shall be the same number that appears on the taxicab business application and rate card. 4. Beginning _, 2015, all taxicabs must have a unique and distinctive color scheme and design, which must be approved by the City. 5. Except for pedicabs and horsedrawn vehicles, each taxicab business shall provide a minimum of four (4) taxicabs, and one taxicab shall be in operation at all times. At least four (4) taxicabs shall be insured and shall have a decal at all times. DECALS A. Each taxicab business shall file an application for a decal for each taxicab with the city clerk on forms provided by the city. B. No person shall operate a taxicab on any street unless a decal has been issued by the city clerk, and no taxicab business shall allow a taxicab to be operated on any street unless a decal has been issued by the city clerk. The decal shall be attached to the lower corner of the front windshield on the passenger side. Pedicabs or horsedrawn vehicles shall display the decal on the left rear of the taxicab. 6 4Y After reinspection and determination that the taxicab meets the standards of mechanical fitness, the City shall notify the network representative and the driver may be allowed access to the network's system C. In order to solicit passengers, be hailed, or be dispatched to a passenger, a taxicab business and driver must meet the following requirements: 1. Taximeter: All taxicabs must be equipped with a taximeter that is in good operating order, and has been calibrated and sealed by a certified calibrator. Dated documentation must be provided to the city equipment superintendent, on a form provided by the city, with each inspection and filed with the city clerk when the inspection is completed. Calibration date must be within thirty (30) days prior to the annual inspection. Signage must be conspicuously displayed on the inside of a taxicab that states "If the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare available upon request." Verification Of Calibration For Taximeters: The city may require verification of a certified calibration for taximeters without prior notice for the purpose of ensuring compliance with this chapter. 2. Lettering Required: Each taxicab shall have the name of the taxicab business on each side of the vehicle in letters at least six inches (6") in height. Pedicabs and horsedrawn vehicles may use lettering smaller than four inches (4"). Removable signs and peel -off letters shall not be allowed. If a phone number is provided the number shall be the same number that appears on the taxicab business application and rate card. All letters and numbers, except for the name of the taxicab business, shall not be greater than four inches (4"). Lettering may be allowed on a window, if approved by the city equipment superintendent or designee. 3. Lighted Dome: Every motorized taxicab shall have a lighted dome attached permanently to the exterior roof of the taxicab with lettering that identifies the vehicle as a taxicab visible from the front and back of the taxicab. The lighted dome shall be a minimum size of twelve inches by one inch by three inches (12" x 1" x 3'). In the event the city equipment superintendent or designee determines that the permanent attachment of a dome to the exterior roof is not possible, the city equipment superintendent or designee may approve an alternative placement. If a phone number is provided the number shall be the same number that appears on the taxicab business application and rate card. 4. Beginning _, 2015, all taxicabs must have a unique and distinctive color scheme and design, which must be approved by the City. 5. Except for pedicabs and horsedrawn vehicles, each taxicab business shall provide a minimum of four (4) taxicabs, and one taxicab shall be in operation at all times. At least four (4) taxicabs shall be insured and shall have a decal at all times. DECALS A. Each taxicab business shall file an application for a decal for each taxicab with the city clerk on forms provided by the city. B. No person shall operate a taxicab on any street unless a decal has been issued by the city clerk, and no taxicab business shall allow a taxicab to be operated on any street unless a decal has been issued by the city clerk. The decal shall be attached to the lower corner of the front windshield on the passenger side. Pedicabs or horsedrawn vehicles shall display the decal on the left rear of the taxicab. 6 C. If the city clerk finds that the taxicab business has fully complied with the requirements of this chapter and the city equipment superintendent or designee determines that there is no information which would indicate that issuance of the decal would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall issue a decal for the taxicab. D. The decal shall be nontransferable as between taxicabs and taxicab businesses. E. Decals will be issued by the city clerk on the next business day at least twenty- four (24) hours after the filing of a completed application for such decal with the city clerk. F. The taxicab business shall return the decal within two (2) business days of when the vehicle is no longer operating as a taxicab. Additionally, metered taxicab businesses shall remove the bubble light and lettering within two (2) business days of when the vehicle is no longer operating as a taxicab. Failure to comply with this provision is grounds to suspend and revoke the taxicab business license. G. If, after the issuance of a decal, the license plate for the taxicab is changed, the taxicab business shall inform the city clerk in writing of the new license plate number and have the city equipment supervisor or designee verify that the VIN, license plate number, and decal match. No driver shall operate a taxicab until the city equipment supervisor or designee has verified that the VIN and decal match the new license plate number. No taxicab business shall allow a taxicab to be operated until the city equipment supervisor or designee has verified that the VIN and decal match the new license plate number. H. The taxicab business shall return the decal within two (2) business days of when the vehicle is no longer operating as a taxicab. I. No person shall operate a motorized vehicle, a horsedrawn vehicle, or a pedicab that has a decal attached to it if the decal is not valid. A decal that is not valid includes, but is not limited to the following situations: 1) the decal is outdated; 2) the insurance for the taxicab as required in this chapter has been cancelled or otherwise terminated; or 3) the taxicab business has notified the City Clerk that the vehicle is no longer part of its fleet. LIABILITY INSURANCE REQUIREMENTS: A. The taxicab business shall insure each driver consistent with the requirements of this chapter. B. The minimum limits of the insurance policy shall be determined by the City's Risk Manager. C. The taxicab business shall file with the city clerk evidence of liability insurance coverage in the form of one certificate of insurance that lists all taxicabs insured. The certificate of insurance must be acceptable to the City. D. The insurance company must be authorized to do insurance business in the state of Iowa and be acceptable to the city. E. Insurance coverage for the driver of a network taxicab shall, at a minimum, be for incidents involving the driver during a prearranged ride and shall provide coverage at all times the driver is engaged in a prearranged ride. Insurance coverage of a metered taxicab, which is not titled in the name of the business, shall be for incidents involving the driver when the vehicle is operated as a taxicab and shall provide coverage at all times a driver is operating 7 the taxicab. Insurance coverage of a metered taxicab, which is titled in the name of the business, and pedicabs and horsedrawn vehicles, shall be for all incidents. F. Notwithstanding Section 5-1-5, the cancellation or other termination of an insurance policy required by this chapter shall automatically suspend the business license. The City Clerk shall immediately issue written notification to the taxicab business of the suspension of the license. The City Clerk will schedule a suspension hearing before the City Manager or designee in the same manner as in Section 5-1-5. If the taxicab business obtains insurance coverage that complies with this chapter prior to the hearing on the suspension, the City Clerk may withdraw the suspension and cancel the hearing. Upon the City Clerk suspending the license, the taxicab business shall return all decals to the city clerk. If the suspension of the business license is subsequently withdrawn, the taxicab business must apply for new decals in accordance with the terms of this chapter and at its expense. RATES A. Rates must be based on time, distance, or a combination thereof B. Taxicab businesses and drivers shall provide rate information to all passengers in at least one of the following ways: 1. A web -based application system that minimally provides: a. The total fare or fare range is clearly displayed on the application and the passenger positively acknowledges he or she agrees to the rate structure being charged for the ride requested before the ride is confirmed. All other rates, charges, or fees are prohibited. b. Upon completion of the prearranged ride, the driver or taxicab business shall transmit to the passenger an electronic receipt, either by electronic mail or text message. The receipt shall document the point of origin and destination of the ride, the total distance and duration of the ride, the total fare paid, and the driver's first name. c. No taxicab business or driver shall charge a fare that exceeds the amount communicated through a web -based application. 2. A rate card that is prominently displayed to all passenger seats and each driver shall provide a copy of said card to a passenger, when requested. A copy of the rate card shall be filed with the city clerk. a.A rate based on distance includes destination rates. Except for destination rates, all rates based on time and/or distance must utilize a taximeter. All other rates, charges, or fees, except for extra rider stipulations and cleanup rates, are prohibited. Only one rate may be certified by the calibrator at one time, and said rate must match the rate card filed in the city clerk's office and verified by the city equipment superintendent or designee. 8 I b.No driver of a metered taxicab shall operate a taxicab without utilizing a taximeter that has been calibrated by a certified calibrator and inspected. c. Whenever the taxicab business desires to change the rate charged, the taxicab business shall file a rate card with the city clerk setting forth the new rates. The business must have all taximeters recalibrated by a certified calibrator on a form provided by the city and returned to the city clerk no later than ten (10) business days after filing the new rates with the city clerk. The business must have the taximeter recalibrated by a certified calibrator no sooner than the filing date of a rate card change and no later than ten (10) business days after said filing date, The business must have all taximeters recalibrated by a certified calibrator before the business may again change the rate charged. 3. No taxicab business or driver shall charge a fare exceeding the amount communicated to passengers through a web -based application, rate card, or taximeter. REVOCATION/SUSPENSION OF LICENSES AND AUTHORIZATIONS: Licenses and authorizations issued under this chapter may be revoked or suspended as provided in section 5-1-5 of this title. FEES Fees for licenses, decals, inspections, and authorizations shall be set by Council resolution. ADMINSTRATIVE RULES The City Manager and City Clerk, and their designees, are authorized to establish administrative rules not inconsistent with any ordinance adopted by the City Council. A copy of the rules shall be on file with the City Clerk and available of the City website. VIOLATIONS: Any violation of this chapter shall be considered a simple misdemeanor or municipal infraction. The fine for a simple misdemeanor shall be $,_, and the civil penalty for a simple misdemeanor shall be HORSEDRAWN VEHICLES: 12-02-:1 3f(14) Marian Karr From: Pooneet Kant <pooneet@uber.com> Sent: Tuesday, November 25, 2014 9:55 AM To: Council; Simon Andrew Cc: Carla Jacobs�� 1{ Subject: Uber and Iowa City Dear members of the Iowa City Council: Last week, I met with Simon Andrew to discuss the proposed ordinance to regulate services like Uber in Iowa City. Uber has been interested in the Iowa City market for several months, and reached out proactively to City staff to discuss expansion plans. While we greatly appreciate the time and effort that City staff has put into the ordinance, as contemplated Uber would not be able to operate a business in Iowa City. Uber is a technology company that connects riders and drivers through a smartphone application. Present in over 250 cities and 50 countries, Uber is now responsible for the creation of over 50,000 job opportunities per month. By connecting users with a safe, reliable and seamless ride, and with unprecedented accountability and transparency built into the system, Uber has transformed the way users think about their transportation options. For riders, Uber connects users with transportation on -demand, wherever and whenever they choose at the touch of a button. The seamless experience means never having to worry about finding a ride or having cash. For drivers, Uber's lead generation software facilitates powerful entrepreneurship opportunity. Drivers make far more — and with greater flexibility — than any other option available to them. For cities, Uber means faster economic development, more jobs, and significant economic output. With Uber, consumers gain access to the highest quality transportation with the fastest response time, resulting in a reliable and elegant way to move around. Uber's presence also lowers incidents of impaired driving. The availability and affordability of rides on the Uber network provide the residents and visitors of Uber cities with an important alternative to drunk driving, marking a considerable contribution to the welfare of a community and reducing DUI arrests by tens of thousands across the nation. Uber's recent econometric analysis shows that, for example, the entrance of the Uber platform in Seattle caused the number of arrests for DUI to decrease by more than 10 percent. In cities similar to Iowa City where Uber has recently launched, roughly 75% of all rides occur on Friday and Saturday nights between 9PM and 3AM - exactly the time when people are most likely to be confronted with decisions about drinking and driving. We have reviewed the proposed ordinance, and as discussed with Mr. Andrew, have prepared specific feedback. Ordinance Feedback: Definitions • Context: Network Representative, Network Taxicab, and Network Taxicab Business do not accurately reflect the Uber business model. • Suggested change: Insert new definitions describing transportation network companies, drivers, and services. Uber can provide sample language. Business License • Context: Uber is not a taxicab business, so would not be successful under the currently proposed qualifications, particularly requiring driver authorization by the city clerk. • Suggested change: Establish requirements unique to transportation network companies and create a TNC Permit. Uber can share specific language. Accessibility of Records Context: Uber data is proprietary and in a competitive market such as ridesharing, we must protect this data. Uber provides the information included in the proposed regulations (driver name and photo, license plate number of vehicle, and vehicle make and model) to riders to ensure the connection between rider and driver is made. Uber could make this information accessible to the city in ways such as: through a third party, anonymized, or through an audit process. Uber is committed to ensuring safety for riders, drivers, and citizens/visitors to Iowa City and would work with the city and law enforcement to address any criminal investigation. Suggested change: Insert language on audit for data. We can provide models from other cities or work with the city on a solution. Driver Requirements Context: Because of information included in the records section above, Uber can not support a proposal that would include permitting by a city. Uber has strict policies regarding driver requirements, such as an industry leading background check and driving history. Suggested change: insert language specific to driver requirements, which would include a requirement for a driver to apply to the TNC rather than the city. The ordinance could require standards to which the TNC conducts the application review process. We can provide sample language. Vehicle Requirements • Context: Uber drivers' vehicles are not hailed on the street, so many provisions do not apply, such as dome light, lettering on the vehicle, standard color, etc. Uber has high standards for vehicle quality and utilizes a real-time rating system for riders to provide feedback, including on the vehicle. If there are questions about safety or mechanics of a vehicle, Uber can suspend a driver's access to the app until the issue is resolved. • Suggested change: Seek clarity from city on which provisions would apply to TNC. Insert language specific to TNC vehicles. We can provide sample language. Decal x Context: Because Uber drivers' vehicles are not dispatched or hailed, decals are not a means to identification. Suggested change: exempt TNC from this requirement Liability Insurance Requirement Context: Uber provides automotive liability insurance coverage to protect drivers, riders, and the public. Uber provides commercial liability coverage of $1,000,000 per accident for bodily injury and property damage involving a TNC Driver's operation of a motor vehicle while providing TNC Services and contingent liability coverage for bodily injury and property damage during the time that a TNC Driver is logged into the TNC's digital network and available to receive requests for transportation, but is not providing TNC Services. Suggested next step: City to provide additional clarity on proposed requirements for Uber counsel review. Rates: • Context: Uber's business model allows for dynamic pricing during period of high demand. This comes in the form of a multiplier to a rate/distance fare calculation. The increase in the fare is provided to the driver as an incentive for additional drivers to get on the road to equalize the demand for vehicles. • Suggestion- adjust language to allow for dynamic pricing. As part of our outreach to the city, we provided a variety of ordinances that have been passed by other jurisdictions which in our view serve as excellent models that meet the city's goal of ensuring public safety while also allowing us to operate a business. These cities include places as varied as Tulsa, Baton Rouge, Minneapolis, Austin, and Washington DC. We remain excited about the Iowa City market, and look forward to continuing to work collaboratively with the city on this topic. Please let me know if you have any questions at all about Uber's business model, operations, policies, or anything else. In addition, I understand that this ordinance will be discussed in a work session on Tuesday, December 2 at 5pm. A colleague of mine, Carla Jacobs, will be in attendance to answer any questions you might have in person. Best, Pooneet Kant General Manager, Uber Midwest Expansion Pooneet Kant General Manager https://www.uber.coi-n/ J¢MOw Yellow Cab of Iowa City (int! P.O. Box 428 Iowa City, IA 52244 ,,����,, `IOWp�ClTY (319) 338-9777 December 1, 2014 RE: taxicab ordinance Member of the Iowa. City City Council: DEC 01 2014 In regard to the working draft (November 20, 2014) of the Iowa City taxicab ordinance, the draft ordinance seemingly creates two platforms for taxicab businesses, distinguished by whether or not the company connects to passengers via a smartphone app. While there is no denying that using smartphone and web -based application technology in the taxicab industry is innovative and exciting, it does not substantially amount to a significant shift in taxicab operations that warrants a reduction in the City's interest in public safety and consumer protection. For years, the City has repeatedly re -addressed its taxicab ordinance to ensure safe, inspected vehicles staffed by drivers screened by the Police Department for driving record and criminal background. In addition, the City has continuously tweaked its ordinance to ensure the riding public pays a metered, pre -structured fare, without unexpected surcharges or multi -tiered rate formulas. These concerns have been central to the changes the Council thought necessary when enacting revised ordinances. In short, a taxicab company that dispatches via web -based technology nevertheless conducts taxicab business; whether or not a company uses this technology or not, passengers are still being driven from Point A to Point B for profit. We would like to see the proposed ordinance ensure that all taxicab companies and drivers are subject to the same requirements to ensure safe and responsible service from all companies involved. 1 will be in attendance at Tuesday's work session should you have any questions or comments for me. Sincerely, Roger E. Bradley Manager -, 154, December 1, 2014 L! :a Work session on Tuesday December 2, 2014 Dear City Council: Subject: Financial Assistance I would like to request financial assistance to my company, American taxi cab. That has been operating in Iowa City from 2009. I would like to request financial assistance to support my company that was greatly affected by two unfortunate license revocations that were wrongly implemented by the City Clerk. The first incident on behalf of the City Clerk's Office to negatively affect my company involved sending the court hearing letter to the wrong address. This caused a hearing to be conducted on a day, of which I had no prior knowledge about, where I was unable to be heard by the hearing committee. The second incident that negatively affected my company's appearance and reputation was by the Iowa City Police Department's false allegations in regards to a pending sexual assault case. Because of these allegations, I lost more than 25 contractors and my drivers now mistrust the company. In the end, the investigation proved that th.- actual suspect belonged to another company by the name (Vina Sun). For these two above reasons, I would like the city council to consider my application to grant me some financial assistance or even possible loans to fix this company damage. Thanks, Adil Adams 2532 Bartelt rd apt 1C Iowa City, IA 52246 Adaoud29@hotmail.com Cell Phone: 319-594-6902 From the City Manager I P4 California prosecutors sue Uber for misleading customers December 10, 2014: 2:49 PM ET NEW YORK (CNNMoney) California is pumping the brakes on Uber. The car service is being sued for misleading business practices by the district attorneys in San Francisco, Uber's home city, and Los Angeles. The suit, filed Tuesday, accuses the company of misrepresenting the extent to which it screens its drivers, and charging bogus fees. Uber's website promotes its background checks as the best in the business. But the company does not require drivers to submit fingerprint identification, which is a requirement for regular California taxi drivers. Instead, Uber drivers submit personal information on the company's website, and the lawsuit contends that criminals can slip by using another person's identity to register. Related: Uber's global ambitions hit roadblocks San Francisco District Attorney George Gascon and Los Angeles District Attorney Jackie Lacey list examples of Uber drivers who have criminal records. An Uber driver in San Francisco who passed Uber's screening struck killed a six-year-old girl last December. It was later reported by the San Francisco Business Times that the driver had a criminal history of reckless driving. The California prosecutors also charge that Uber, which is valued at $40 billion, charges customers "misleading" fees. Uber charges riders on its UberX platform a $1 "Safe Rides Fee," that it says covers the company's extensive background checks. It also charges UberX riders a $4 "airport fee toll," even though Uber is banned from dropping off or picking up customers at San Francisco's airports. (Uber received a cease and desist order from airport authorities about this practice in April of 2013.) The California prosecutors are demanding that Uber repay every customer who paid these fees. Additionally, the suit says the program Uber uses to calculate fares has not been approved by state regulators. Related: Uber's dirty tricks quantified: Rival counts 5,560 canceled rides An Uber spokesperson said the company has already met with the district attorneys and will continue discussions with them. "Californians and California lawmakers all agree -- Uber is an integral, safe, and established part of the transportation ecosystem in the Golden State," spokeswoman Eva Behrend said in a statement. Uber declined to comment on the lawsuit. "These [taxi] companies can be innovative in the way they deliver services without ignoring the laws that protect the public," the prosecutors said in a statement. Related: Taxi rival bills itself as 'non a -hole' Uber Uber's competitor, Lyft, reached a settlement Tuesday with the same prosecutors in a nearly identical lawsuit. Lyft will pay at least $250,000 in fines and agreed to accurately advertise its background checks, according to the prosecutor's statement. Uber is getting pushback from local officials worldwide. A judge in Spain temporarily blocked Uber in the country on Tuesday, a day after police in India's capital, New Delhi, banned the car service. Authorities in Portland, Ore., filed a lawsuit Monday demanding the service be suspended until the company complies with local laws. We Can't Trust Uber - NYTimes.com From the City Manager SrLe�lCltr 0l�cM—MMA http://nyti.ms/12SV5ab The Opinion Pages I OP-ED CONTRIBUTORS We Can't Trust Uber By ZEYNEP TUFEKCI and BRAYDEN KING DEC. 7, 2014 Page 1 of 3 UBER, the popular car -service app that allows you to hail a cab from your smartphone, shows your assigned car as a moving dot on a map as it makes its way toward you. It's reassuring, especially as you wait on a rainy street corner. Less reassuring, though, was the apparent threat from a senior vice president of Uber to spend "a million dollars" looking into the personal lives of journalists who wrote critically about Uber. The problem wasn't just that a representative of a powerful corporation was contemplating opposition research on reporters; the problem was that Uber already had sensitive data on journalists who used it for rides. Buzzfeed reported that one of Uber's executives had already looked up without permission rides taken by one of its own journalists. And according to The Washington Post, the company was so lax about such sensitive data that it even allowed a job applicant to view people's rides, including those of a family member of a prominent politician. (The app is popular with members of Congress, among others.) After the Uber executive's statements, many took note of a 2012 post on the company's blog that boasted of how Uber had tracked the rides of users who went somewhere other than home on Friday or Saturday nights, and left from the same address the next morning. It identified these "rides of glory" as potential one-night stands. (The blog post was later removed.) Uber had just told all its users that if they were having an affair, it knew about it. Rides to Planned Parenthood? Regular rides to a cancer hospital? Interviews at a rival company? Uber knows about them, too. Uber isn't alone. Numerous companies, from social media sites like Facebook to dating sites like OKCupid, make it their business to track what we do, whom we http://www.nytitnes.com/2014/12/08/opinion/we-cant-trust-uber.html?emc=etal 12/10/2014 We Can't Trust Uber - NYTimes.com Page 2 of 3 know and what our typical behaviors and preferences are. OKCupid unashamedly announced that it experimented on its users, sometimes matching them with incompatible dates, just to see what happened. The data collection gets more extensive at every turn. Facebook is updating its terms of service as of Jan. 1. They state in clearer terms that Facebook will be tracking your location (unless you disable it), vacuuming up data that other people provide about you and even contacts from your phone's address book (if you sync it to your account) — important provisions many of Facebook's 1.35 billion users may not even notice when they click "accept." We use these apps and websites because of their benefits. We discover new music, restaurants and movies; we meet new friends and reconnect with old ones; we trade goods and services. The paradox of this situation is that while we gain from digital connectivity, the accompanying invasion into our private lives makes our personal data ripe for abuse — revealing things we thought we had not even disclosed. The retailer Target, for example, started sending coupons for baby gear to customers who, sales data told them, were likely to be pregnant. Researchers in Cambridge, England, found that merely knowing a Facebook user's likes was enough to predict attributes such as gender, race, sexual orientation, political party, potential drug use and personality traits — even if the user had shared none of that information. Facebook says that it conducts not one but "over a thousand experiments each day," and a former Facebook data scientist recently revealed that "experiments are run on every user at some point." A 2012 study in Nature showed that a single tweak modifying an "I voted" button on Facebook increased turnout in the 2010 congressional elections by about 340,000 votes. That is enormous power. What's rare is not the kind of analysis Uber can do with sensitive data, but that it was publicly disclosed. Because of the user backlash, companies are moving toward secrecy. That would be detrimental to the public interest. Uber argues that it's doing only what other technology companies regularly do. That may be true but it only underlines why we need oversight mechanisms that cover all of them. Reputational penalties have not been sufficient incentives to encourage more responsible use of data and algorithms, especially because almost all http://www.nytimes.com/2014/12/08/opinion/we-cant-trust-uber.html?emc=etal 12/10/2014 We Can't Trust Uber - NYTimes.com Page 3 of 3 the big players engage in similar behavior — and Uber has just been rewarded by its investors to the tune of $1.2 billion. Codes of conduct developed by companies are a start, but we need information fiduciaries: independent, external bodies that oversee how data is used, backed by laws that ensure that individuals can see, correct and opt out of data collection. The European Union has established strict controls on personal data that include provisions of privacy, limited and legitimate use and user access to their own data. That shows that accountability is possible. We already regulate sensitive data, ranging from health records to financial information. We must update oversight for 21st -century data as well. When we're picked up on a rainy street corner, it's not enough to know where the car is going. We need to know where our data is going, and how it's used. Zeynep Tufekci is an assistant professor at the School of Information at the University of North Carolina. Brayden King is an associate professor of management and organizations at the Kellogg School of Management at Northwestern University. A version of this op-ed appears in print on December 8, 2014, on page A27 of the New York edition with the headline: We Can't Trust Uber. © 2014 The New York Times Company http://www.nytimes.com/2014/12/08/opinion/we-cant-trust-uber.html?emc=etal 12/10/2014 r12-11-14 CITY OF IOWA CITY iP6 �.. ,N MEMORANDUM Date: December 10, 2014 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: KXIC Radio Show KXIC offers a City show at 8:00 AM every Wednesday morning. In the past Council has volunteered for dates, and staff filled in as necessary. Please take a look at your calendars and come prepared to help fill in the schedule at your work session on December 16: December 17 — Throgmorton December 24 — No show December 31 — No show January 7 — January 14 — Dobyns January 21 - Future commitments: March 4 — Dobyns April 22 — Dobyns June 10 — Dobyns U: rad ioshowasking.doc CITY OF IOWA CITY 1P7 A &NI-L MEMORANDUM Date: December 9, 2014 To: Mayor and City Council Member From: Marian K. Karr, City Clerk Re: Council Meeting Schedule for February and March Council may wish to discuss changing their February and March meetings from the 3rd and 17th to the 10th and 24th. Such a change would not place any meeting back to back and would allow no meeting to occur during the Chamber DC trip or Spring Break. The normal schedule of first and third Tuesday would resume with the April 7th meeting �r CITY OF IOWA CITY UNESCO CITY Of LITERATURE PENDING CITY COUNCIL WORK SESSION TOPICS December 10, 2014 January 6th, 2015 1. Discuss ICCSD housing letter and staff's Riverfront Crossing inclusionary zoning memo January 13th, 2015 1. Continuation of discussion on the Equity Report Pending Topics to be Scheduled 1. Discuss recycling opportunities for multi -family housing 2. Discuss city related marijuana policies and potential legislative advocacy positions 3. Discuss community business attraction and anti -piracy compact 4. Review of the Sensitive Areas ordinance 5. Discuss formation of staff /citizen climate adaptation advisory group (spring 2015) 6. Discuss transit route planning framework 7. Discuss ad-hoc Senior Services Committee Report 8. Discussion on Gateway Project aesthetic elements (February 10th) Rick Fosse is Retiring on New Year's Eve! Please join us in celebration of 30 -years of service December 31, 2014, 1-4 PM Emma J. Harvat Hall, City Hall ,r CITY OF IOWA CITY !EN,*, -A ► CY 0 q IT 4�v 4 Eoil• Rick Fosse is Retiring on New Year's Eve! Please join us in celebration of 30 -years of service December 31, 2014, 1-4 PM Emma J. Harvat Hall, City Hall ,r CITY OF IOWA CITY !EN,*, -A ► CY 0 q IT �om IOWA CITY PUBLIC LIBRARY ,MIR. Imm'o, Dear Friends and Neighbors, r" Letter from the Board President Since our beginning in 1897, the Iowa City Public Library has striven to meet the needs and desires of our community. As times have changed, so have the priorities of our patrons. We are proud to serve as the heart of our community offering a vast array of reading and listening materials; services to meet diverse needs from early literacy programs for children to classes addressing technology needs for our seniors; computer and internet access for teens doing homework as well as job seekers needing connectivity to apply for their next position; and much used public meeting space for the growing number of groups hosting meetings and events to connect, engage, and enrich our community. The Iowa City Public Library is a dynamic and energetic place to visit - never boring, never stagnant, and never empty! With this is mind, we are proud to share with you our Strategic Plan for the Iowa City Public Library for FY2016-2021. This map for our future demonstrates our ongoing commitment to honing our services to best meet current needs as well as anticipate future demands. We have gathered input from a wide range of community members and have taken into consideration some of the challenges in optimizing use of our library, including the changing need for outreach and electronic access. We look forward to strengthening our services with this innovative plan! Look through the plan and you will soon appreciate how we will continue to serve as our community's home for reading material, a place for people to meet and explore new ideas, and as a site for free access to information so that all members can become fully engaged in our community. Join us in strengthening our services over these next five years as we strive to Connect, Engage, and Enrich! Robin Paetzold, President Board of"trustees Dear Friends, Its the 21" century and the world is changing, so libraries are changing too. I have been fortunate to have served as the director at the Iowa City Public Library for 20 years (on the staff for almost another 20) and the changes that public libraries have undergone during that time have been incredible. About every five years we take time to pause and consider where we've been, what our community looks like now, and where we need to be in the future. That process is called strategic planning. The process is revealing, humbling and energizing. If you ask Iowa Citians for their opinion, they will share. When you compare yourself to the best in the country and see where you fall short, it is humbling. Still, the energy that comes from searching for solutions, whether to old or new problems and circumstances, brings optimism and focus to turning something great into spectacular. I believe the saying, "If you don't know where you're going, any path will take you there." A planning process creates a road map to greater success. For the next few years the Iowa City Public Library will focus on ways to: • connect people with information and offer opportunities for enjoyment and personal growth; • engage people in discovery, learning and the community; • enrich the quality of life in Iowa City through diversity, imagination and creativity. I look forward to making the journey with you. Many thanks to the thousands of people who responded to our community surveys and participated in focus groups and interviews. Special thanks to the dedicated planning committee and Library Board of Trustees, and our consultants, Ethel Himmel and Bill Wilson. Susan Craig, Library Director Who We Asked Multiple surveys were conducted as part of the strategic planning process. A mail questionnaire was distributed to 2,000 randomly selected households in the Library's service area: Iowa City, rural Johnson County, Hills, University Heights, and Lone Tree. The return rate of 434 represented a 23.6% response rate, considered excellent for an unsolicited mail survey. This resulted in a confidence rate of 95% and a margin of error of plus or minus 4.7%. An online survey brought responses from 2,245 individuals and while it was not scientifically valid, hundreds of area residents offered extensive responses to open-ended questions. In addition, planning consultants led 10 focus groups with 61 participants. Two public sessions were "general" and others were organized around groups of people such as teens, parents of young children, and current and past City Council members. Focus groups were also held for Library staff members. One-on-one interviews were conducted with the City Manager, Assistant City Manager, and the Mayor. An observation study was conducted in the Library. During this study, people in the building were observed at various times and what they were doing was noted — at a program, sitting at a table, browsing the collection, or using a computer. loo 80 60 yo 20 -APPQOv2L in-knicar fins+i+v+ivPs coryfss JorRraLis+a $asF6aLL APDL[ Pa Pr6Lic f,i6Raitics IcK What They Said Survey results show that the Iowa City Public Library is a well -used and well-respected community resource. The consultants always include the following statement on community surveys, asking people to complete this sentence, "The Iowa City Public Library is: (chose one of the following options) • Essential to the quality of life in our community • Very important to the quality of life in our community • Somewhat important to the quality of life in our community • Not very important to the quality of life in our community • Not at all important to the quality of life in our community More than 90 percent of the mail survey respondents (94.3%) said that the Library was either essential or very important to the quality of life in the community. The consultants commented only three other libraries surveyed nationwide resulted in positive responses over 90% and Iowa City Public Library's rating was the highest they had ever experienced. The surveys also demonstrate that Iowa City truly is a City of Literature. Respondents to the mail survey reported reading an average of 24.85 books per year, more than double the national average. The focus groups revealed some common themes. Participants noted the downtown location was both a strength ("Library is the biggest draw downtown... bigger than all the festivals together") and a concern ("Getting downtown isn't easy for everyone"). The Library was noted for its excellent programming, extensive collections, community service orientation, online resources, and use of technology, as well as helpful, knowledgeable staff, and comfortable environment. Participants sought improvements in parking, materials drop off, communication about the many resources, technology that only works sporadically, and the website. The observation study revealed some interesting things about how people use the Library. For instance, of those observed asking for assistance at a service desk, 52% were at the Help Desk on the first floor, 18% at the Information Desk on the second floor, 18% at the second floor Floor Page Station and 12% at the Children's Desk. Of the visitors observed browsing, reading or sitting, most were sitting (53%), while 29% were browsing the collection, and 18% were reading. Of the 29% looking at the collection, most people were observed in the print collections. Complete results of the surveys are available on the Library website: icp1.org/stmtegic_p1m 2�1 10A C41 FVhUC �iktQRy BE++EQ +har .ArrLE PIE • • 1 s s I O n The Iowa City Public Library is a center of them with the world of ideas and with each other, and enrich the community by supporting learning, promoting literacy, and encouraging creativity. community life that 5 people of all ages with information, A IM* Values ACCeSS The Library believes quality library and information resources should be readily available and equally accessible to all. Collaboration The Library strives to extend its effectiveness through strategic partnerships. Community The Library responds to community needs and understands the free exchange of diverse ideas invigorates the community, stimulates personal growth, and fuels the economy. Enjoyment The Library celebrates creativity and the joy of reading. Intellectual The Library respects the right to privacy and Freedom encourages people to freely access and explore ideas. LiteraCy The Library believes reading is the gateway to knowledge. connect The Iowa City Public Library connects people to information essential for daily living and offers them opportunities for enjoyment and personal growth. 14 engage The Iowa City Public Library actively encourages discovery, learning, and greater parion in community life. enrich The Iowa City Public Library contributes to the quality of life in Iowa City by offering opportunities to explore diverse ideas, to exercise imagination, and to express creativity. connect The Iowa City Public Library connects people to information essential for daily living and offers them opportunities for enjoyment and personal growth. Public Awareness Create"my library` campaign Raise awareness of outreach efforts that are not widely visible (including At Home) Offer an electronic newsletter Collaboration Strengthen relationship with schools Continue to grow SRP partnership with United Way, ICCSD, Coralville Public Library and North Liberty Community Library Explore possibilities to expand electronic collections partnerships and to provide a joint automated system with area libraries Become more involved with the Iowa City Book Festival Program Grow programming for teens Expand BYOB (Books in Bars Book Club) to Coralville and North Liberty Content Add video streaming with commercial content Offer streaming music beyond local music Consider adding circulating laptops Continue local history programming such as Tell Me Your Story Technology Use custom programming to add options for the interactive table Provide dedicated computers with specific productivity and creative software, such as Adobe Photoshop Space/Facilities Plan for bookmobile service Re-examine outreach efforts -focus on those most needed/used, drop others Staffing Conduct a job study (look at job descriptions/duties) and staffing levels Funding Demonstrate the value of the Library engage The Iowa City Public Library actively encourages discovery, learning, and greater participation in community life. Public Awareness Create and maintain a robust, personalized reader's advisory page Promote content of the Digital History Project Collaboration Partner to present programs outside the building (food/nutrition at a place with a kitchen, STEAM lab, crafting) Program Lead community -wide music themed series beginning in 2015 Utilize Englert Theatre for family programming Content Stream local programming from the website Technology Develop an ICPL app Space/Facilities Introduce the website as a virtual branch library Staffing Encourage all staff to learn about the work of other departments Funding Make su re donors know what their su pport m akes possible Explore opportunities to fund additional staff for the Ellen Buchanan Children's Room enrich The Iowa City Public Library contributes to the quality of life in Iowa City by offering opportunities to explore diverse ideas, to exercise imagination, and to express creativity. Public Awareness Invite patrons tote II their l ibrary story Collaboration Consider partnerships to support local authors Program Offer creative workshops for adults focused on specific topics Content Redo the Local Music Project website Technology Improve ICPL Event calendar as part of virtual branch(more graphically attractive, easier to read, click to add to Google calendar) Improve the ability to browse photographic content on the Digital History Project site Space/Facilities Offer more options for shared working spaces (for instance, a community table) Staffing Focus staff learning on how to articulate/share the value of the library Funding Develop fundraising plan to sustain adult programs "I believe libraries are an essential central city service... Library is the biggest draw downtown... bigger than all the festivals together. This is an anchor facility that keeps downtown healthy." "the community space in the library is exceptional and is used a lot." "Strong community partner" "Partnerships ... great outreach program..." °£.eee. 4it,pt6g"mnw and ritea-tha& fPt as wwlu rjemp" "They serve the whole community... all ages, in different ways, reading, programs, study group rooms, teen sections, community events" "Breadth of service; access to technology; always changing, keeping up; staff is awesome. Not afraid of change." "Visionary; cutting edge; responsive; staff is very caring." "Extensive collection. The variety ofmaterials is amazing " `...access for community to online resources. They've kept up over the years as technology has changed. Online presence of library is extremely stong." "I enjoy the technology they have in children's room" "Children's programming is on target to what kids are interested in. Staff is very responsive to what kids like" `yea t (eigtt yews sfcf) %efe 4w, s+.an -Yw, Aty, 4eefn," key fo�J kg4rz bA 3* knot&J-%e Ui Asiartj by name.' "Really good staff, Very knowledgeable, helpful staff o "Attractive and inviting building, inviting place to come" "Whenever we have guests, we show them the library!" 12-11-14 � r IN1 �.� Ink CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org December 10, 2014 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Treatment Plant Operator — Water Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Treatment Plant Operator — Water. Jay Allen IOWA CITY CIVIL SERVICE COMMISSION Lyra W. Dickerson, Chair F1-14 I72 MINUTES Approved CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE OCTOBER 13, 2014 EMMA HARVAT HALL, CITY HALL, 8:00 A.M. Members Present: Susan Mims, Michelle Payne, Matt Hayek Staff Present: Wendy Ford, Jeff Davidson, Tracy Hightshoe, Tom Markus, Sara Greenwood Hektoen Others Present: Kevin Hanick, Mark Seabold, John Arlotti, Tom Jackson (via phone), Andre Perry, Joe Tiefenthaler RECOMMENDATIONS TO COUNCIL: Payne moved to recommend approval of the request for financial assistance for EMRICO, LLC, project as discussed. Hayek seconded the motion. The motion carried 3-0. Hayek moved to recommend the request for TIF financial assistance for the Iowa City Marketplace as discussed. Payne seconded the motion. The motion carried 3-0. Payne moved to recommend the request for continued financial support of the Englert Theater. Hayek seconded the motion. The motion carried 3-0. Hayek moved to recommend the request for continued financial support of Mission Creek Festival. Payne seconded the motion. The motion carried 3-0. Hayek moved to recommend the Towncrest incentives for 2500 Muscatine Avenue. Payne seconded the motion. The motion carried 3-0. CALL MEETING TO ORDER: The meeting was called to order by Chairperson Mims at 8:05 A.M. CONSIDER APPROVAL OF MINUTES: Minutes of the July 14, 2014 meeting were reviewed. Mims asked if there was any discussion. Payne moved to approve the minutes as presented. Hayek seconded the motion. Motion carried 3-0. City Council Economic Development Commission October 13, 2014 Page 2 of 8 CONSIDER A RECOMMENDATION TO CITY COUNCIL FOR A REQUEST FOR FINANCIAL ASSISTANCE FOR EMRICO LLC, A RIVERSIDE DRIVE URBAN RENEWAL AREA PROJECT: Ford introduced Kevin Hanick, who is representing the development team for the EMRICO project, a multi -family housing project on Riverside Drive, just south of the railroad overpass. For this $16.1 million project, the applicant is requesting $1.8 million in TIF rebates from the City. Ford said they are proposing 96 rental units, with a mix of studio, one -bedroom, two- bedroom, and six three-bedroom apartments. Of these, 12 will be priced to serve the workforce housing rental market. The developer will be arranging for these units to be under the management and compliance review of the Housing Fellowship. She noted that this project is also adjacent to two public infrastructure projects scheduled for the near future. One is a pedestrian tunnel that will punch through the west side embankment of the railroad overpass on Riverside, and the other project is for streetscape improvements along this same section of Riverside Drive, from approximately Myrtle Drive down to the Highway 1/Highway 6 intersection. Davidson added that the infrastructure project is one for the entire area, which they would hope to coordinate with this project. Davidson stated that the streetscape project will be similar to what Coralville has done with Highway 6. Payne asked if the tunnel will be part of the first phase, and Davidson said yes. Ford stated that Tom Jackson, present via phone, has been working with the developer and the City to ensure that the development costs are reasonable. She stated that Jackson has substantiated the $1.8 million gap, by among other things, the higher -end architectural features and the 71 underground parking units. Ford noted that there is a report on this financial analysis in the Committee's packet and she invited questions from Members. Ford noted details in the master plan document for the Riverfront Crossings area call for enhancing the pedestrian experience, transitioning to more of an urban area and improving the streetscape for safety and beautification. She added that the plan also calls for a variety of housing types in this area. She noted how the project matches up with the Council's strategic planning priorities including creating and building healthy neighborhoods, creating a strong urban core, and engaging in strategic economic development activities. Ford stated staff believes this could be a catalyst project for the area, and as it progresses, would show the vitality of the neighborhood and encourage additional investment in the area. She said the project goes above and beyond the City's benchmarks for projects in which they provide financial assistance, noting how the project meets economic development criteria. It redevelops an underutilized property. It seeks only TIF rebates. Noting the benefits of rebates as opposed to up front funding, Ford said, the entire risk falls on the developer with rebates. She concluded by saying staff is recommending that the City support this project with $1.8 million in TIF rebates. Davidson added that there has been conversation about this area and why the City should help promote development here. He stated that he believes the five points in Tom Jackson's memo justify the financial gap and why the City should support the project. Kevin Hanick reiterated some of Ford's information pointing out that of the 96 rental units, 90 are studios, one -bedroom, and two-bedroom units. He stated that this project is designed for a different clientele than many residential projects in town. He said they are trying to appeal to young professionals and graduate students -- who he believes have been underserved with housing options. The location is ideal as it is close to downtown. Hanick spoke highly of the Riverfront Crossings plan and the recent positive changes in the area. City Council Economic Development Commission October 13, 2014 Page 3 of 8 Hanick shared renderings of the proposed building, pointing out specific details of the architecture, parking and the site. He noted the plan to do a lot of landscaping, including an interior courtyard. Solar panels will be installed on the building rooftop to help produce electricity. He stated that they are ready to move forward as soon as possible. Markus spoke to the form -based code now being used in the Riverfront Crossings district, and how this building is all residential and not a combination of commercial and residential. He asked for further explanation of it, in light of the request for TIF. Davidson responded, stating that staff had several discussions with Hanick regarding a mixed- use building in this project. He stated that the use for this land is consistent with the plan. Hanick added that in his opinion the commercial on the lower floors with residential above has not always yielded good results because the commercial areas are often difficult to keep leased. Markus asked Davidson to elaborate. Davidson responded that this would be the last piece of property able to be zoned for all -residential in the immediate area. Hanick talked about the partnership with the Housing Fellowship and that they would manage 12 units for affordable housing. Payne asked if the affordable housing will be capped at 120% of median income. She also asked what the average rents are slated to be on these units. Hanick noted that studio units are as small as 500 square feet, and three-bedroom units are as large as 1,300 square feet, with the average unit somewhere around 800 square feet. Tom Jackson, responding by phone, stated that rents will be anywhere from 92 -cents a square foot up to $1.40 a square foot depending on the unit. He added that there is a lot of variety between floorplans. Markus asked Jackson to comment on vacancy rates and whether a 2 or 3% rate is about right. Jackson responded, noting that he thinks 2% is low, but that he has heard it is at times less than 1 %. Hayek noted that he needs help in understanding how rents for this targeted demographic are not well established when the housing market in Iowa City is so tight. He stated that the rental market overall in the downtown area is exceptionally tight, which is why there are such high rental rates. Davidson asked Jackson if he could speak to this further — item 1 in his report — about what he took into account as far as the rent structure for these types of units at this location. Jackson stated that he was referring back to the market study, but that they still need to see where the appraiser comes in; and that, with this being a new development of this type in this area, a blended rate was used. Hanick added that one of the things that pushed him towards this type of development was the lack of anything like it in years on the west side. Payne noted that the rents appear to be comparable to others downtown. Mims stated that she has a concern with using TIF since it is all residential, and she also has a concern that they are opening the floodgate to further requests in the Riverfront Crossings area. She questioned the precedent they would be setting if they were to approve this request. Jackson and Davidson each responded. Hanick noted the increase in property tax that the City will realize on this property once it is developed. Markus asked Hanick about what the City could expect to see on this site if they were not able to offer TIF assistance. Hanick responded that he has been inundated with out-of-state college housing developers who would love to develop the site. Continuing, Hanick stated that to do something less with this site, in his opinion, would be a disservice to the Riverfront Crossings district. He believes this site deserves a quality project, one that will inspire like-minded projects. Markus asked staff if the underground parking for this project is absolutely necessary, if ground parking wouldn't be sufficient. Davidson noted that it would be possible, that they did look at some examples of this. However, when looking at the quality of the unit types and the target audience for this, they City Council Economic Development Commission October 13, 2014 Page 4 of 8 believe that underground parking should be offered here. If only surface parking were offered, according to Davidson, the courtyard and green space would most likely be cut from the plan due to space. Markus spoke to the catalyst effect he hopes this project will have, noting that this area has struggled over the years. The hope is to inject some quality residential into the area, which will then create the demand for higher quality commercial. Markus reminded Members that this is a site-specific TIF that would be a rebate only, meaning that this project has to successful on its own in order to generate the taxes to be rebated. He believes this reduces the risk to the City. Davidson spoke to the many upgrades in the Miller -Orchard neighborhood over the past years, and that this area is one that they have been pushing to change. He added that he believes this project would truly be an investment in that neighborhood. Mims stated one way to look at a catalyst project, is as a test for what works and what does not work so that when future projects present themselves, they will have had some experience. Mims stated that she is uncomfortable with this for several reasons, including not understanding exactly how the TIF rebate will work. She questioned how the increment will be divided between the rebate and what is left to flow to the City, the County, and the School District. Ford stated that about three-quarters of the taxes generated are eligible to rebate the developer, and the other one-quarter continue to flow to the City, County and School District. Jackson added that about $175,000 a year will be available for the rebate. Markus stated that he noted very different styles between Ford's report and Davidson's report. He noted that Ford's report can serve as a model of how they do this, but that they really need that estimated information in the report. As they move through projects such as this, he expect the reporting format to be refined. The goal is to get these reports consistent so there aren't so many questions. Regarding the affordable housing issue, Mims stated that she is also concerned about going up to 120% of median income. She questioned if the City wants to be supporting people with high enough incomes to be able to afford the rents on their own. Markus stated that it would seem to him if you reduce the amount from 120% to something else, it does increase that gap, pushing more burden on the developer. Davidson stated that the reason staff used that level is because Council identified this as their workforce housing parameters. Jackson added that he met with Steve Long and Hanick last month on the 120% issue and he further explained the analysis. Hayek shared his views on this issue, noting that what causes him to flip from 'mildly against' to `mildly supportive' of this request is the catalyst argument. The location and catalyst potential of this project are extremely important in Hayek's opinion. He did note his concerns with the precedent this may set, noting the importance of the big picture of how this plays into the Riverfront Crossings district. Payne asked if the underground parking is included in the rent or separate. Hanick stated that will provide each lease with one surface parking spot. Underground parking would be an additional expense. Payne moved to recommend approval of the request for financial assistance for EMRICO, LLC, project as discussed. Hayek seconded the motion. The motion carried 3-0. City Council Economic Development Commission October 13, 2014 Page 5 of 8 CONSIDER A RECOMMENDATION TO CITY COUNCIL FOR FINANCIAL ASSISTANCE FOR IOWA CITY MARKETPLACE A SYCAMORE AND FIRST AVENUE URBAN RENEWAL AREA PROJECT: Davidson spoke to this request, noting that staff has been working with the owner of the mall property as they try to get the mall space spruced up and filled with tenants. The proposal is in regards to the former Von Maur space and a plan to lease it to Lucky's Market, a fresh -food, organic grocery store. Planet Fitness is another business that would lease the back, or south part of this space. The first phase of the Iowa City Marketplace project, according to Davidson, is around $4.4 million, which includes the renovation of the anchor store space and improvements to the parking lot and pedestrian walkability. The request is for $1.75 million in TIF financial assistance. He introduced Mark Seabold, the project architect, and John Arlotti, the mall owner's representative. Davidson continued, noting that the Sycamore Mall is being rebranded as the Iowa City Marketplace, and the proposed occupant for the anchor space is consistent. There is also a plan for the remainder of the mall, also consistent with this rebranding. Davidson noted that this $1.75 million tax increment financing assistance would be structured as a rebate. He further explained how they are using the entire urban renewal district in order to fund $1.75 million. Davidson stated that they have worked closely with the County Assessor on this particular project as it is predicated on the taxable value of the mall being increased from the current $10.2 million to $16 million. Davidson shared some renderings of the mall with the Members, noting that the owner has shared some of the other changes with current tenants upgrading their spaces and new tenants wanting to lease space. The mall is currently 40% vacant. With the addition of Lucky's and Planet Fitness, this would go to 25% vacant. Davidson stated that with the many upgrades, pedestrian access to the mall will be a major one. Davidson then pointed out changes to the roadway, parking and sidewalk links, noting that these will greatly enhance the pedestrian access. Mims asked if the outlot buildings are something that will be done in the near future. Davidson and others responded, noting that with the amount of parking area, these are definitely something that could be done in the future. Davidson also pointed out some of the sustainability features of the new renovations. To summarize, Davidson stated that the request is to assist in getting Lucky's Market and Planet Fitness established in the former Von Maur space. This project is part of a larger project that will rebrand the mall as Iowa City Marketplace; and raise the taxable value from $10.2 million to $16 million, which translates to annual property taxes paid from $347,000 to $566,000 per year. The project is an approximate six-year TIF, and staff recommends this proposal, according to Davidson. Payne voiced concerns about traffic on First Avenue near Panera. Davidson responded that staff had the same concern, and the MPOJC analysis showed that a right -in entrance is benign and may well aid in traffic movement. Markus noted how the overall project will enhance traffic issues and access, etc., making the whole area run smoother. Arlotti spoke briefly about the project, noting that the goal is to change the whole character of the area. He shared how he has looked at this project from a national level, and over the past few years has worked to keep the mall vibrant, even with its high vacancy rate. He noted that they have a stake with the local businesses located in the mall, and they very much want this project to succeed. The social aspect of this mall is important to the local citizens, according to Arlotti, and the mall is working to keep all of these things going and remain vibrant. Hayek moved to recommend the request for TIF financial assistance for the Iowa City Marketplace as discussed. City Council Economic Development Commission October 13, 2014 Page 6 of 8 Payne seconded the motion. The motion carried 3-0. CONSIDER A REQUEST FOR CONTINUING FINANCIAL SUPPORT OF THE ENGLERT: Mims noted that this is an annual budget item for the City, and that she is happy to see the continued improvements in the Englert's financial status. She asked Andre Perry about the collaboration between the Englert and the Mission Creek Festival. He noted it began in 2014, with a three-year agreement. The Englert believes they can help make the Festival an institution as it has proved itself over the years. Payne noted that on the Profit and Loss Statement it looks like the Englert was in the red as of the end of August. Perry affirmed, noting that a portion of the flood and University -related uses are gradually moving back to the campus or to other sites. As these uses find new homes, the Englert is seeing a drop in rental revenue. He added that the Board has discussed the fact that 2014 through 2016 will be a real challenge for them. Perry thanked the City for their continued support, noting that they plan to continue making the Englert even more viable. Payne moved to recommend the request for continued financial support of the Englert Theater. Hayek seconded the motion. The motion carried 3-0. CONSIDER A REQUEST FOR CONTINUING FINANCIAL SUPPORT OF MISSION CREEK FESTIVAL: Hayek moved to recommend the request for continued financial support of Mission Creek Festival. Payne seconded the motion. The motion carried 3-0. Andre Perry introduced the Programming Director for Mission Creek, who is also the new Executive Director for Film Scene, Joe Tiefenthaler. Mims stated that she is really excited about this Festival, that it brings in people from every walk of life to the City with an array of artistic interests. She agreed with what Markus stated earlier, that this is the type of event helps to raise Iowa City's position as a real arts and culture center for not only Iowa, but also the Midwest. Members briefly discussed the increased success of the Festival. CONSIDER A RECOMMENDATION FOR TOWNCREST INCENTIVES AT 2500 MUSCATINE AVENUE: Hayek moved to recommend the Towncrest incentives for 2500 Muscatine Avenue. Payne seconded the motion. The motion carried 3-0. Hightshoe noted that staff has been working with the owner on this building since 2009 when they filed a demolition permit. She further explained how the Towncrest design standards have increased costs associated with them, and that this request is in relation to what the owner City Council Economic Development Commission October 13, 2014 Page 7 of 8 could build and what now are the Towncrest design standards. A design was submitted and staff is recommending up to $25,000 to cover a portion of the increased costs of design in this project. Markus stated that this would be similar to the facade improvement program done in the downtown area. Staff recommends this request, noting how positive it will be for the Towncrest area. STAFF UPDATES: Davidson quickly noted that the Art Museum announcement is expected at the Board of Regents' meeting on October 23. Markus added that Davidson and Ford have transitioned into the new economic development roles beautifully, and that Members will be seeing some new projects soon. Davidson stated that they will most likely need a November meeting. Hightshoe spoke briefly to the micro -loan program. The Council had set aside $75,000 to target more lower-income and minorities for micro -loans. She stated that staff is working with a local lender and she briefly explained how the program would work. COMMITTEE TIME: None. OTHER BUSINESS: None. ADJOURNMENT: Payne moved to adjourn the meeting at 9:46 A.M. Hayek seconded the motion. Motion carried 3-0. City Council Economic Development Commission October 13, 2014 Page 8 of 8 Council Economic Development Committee ATTENDANCE RECORD 2013-2014 Key: X = Present O = Absent O/E = Absent/Excused TERM o Q) O V O <O (2 N O A O Z!O NAME EXP. 3 `o - 3 W W W A A A A Michelle 01/02/14 X X X X X X X Payne Matt 01/02/14 X X X X X X X Hayek Susan 01/02/14 X X X X X X X Mims Key: X = Present O = Absent O/E = Absent/Excused IP13 MINUTES PRELIMINARY BOARD OF ADJUSTMENT NOVEMBER 12, 2014 — 5:15 PM CITY HALL, HELLING CONFERENCE ROOM MEMBERS PRESENT: Larry Baker, Gene Chrischilles, Connie Goeb, Brock Grenis, Becky Soglin MEMBERS ABSENT: None STAFF PRESENT: Sarah Walz, Susan Dulek OTHERS PRESENT: Jim McCarragher, Dwight Dobberstein CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Grenis outlining the role and purpose of the Board and the procedures that would be followed the meeting. CONSIDERATION OF THE OCTOBER 8, 2014 MEETING MINUTES Baker moved to approve the minutes. Soglin seconded the motion. A vote was taken and the motion carried 5-0 SPECIAL EXCEPTION ITEM EXC14-00011 : Discussion of an application submitted by Dwight Dobberstein to allow off-site parking in the Neighborhood Stabilization Residential (RNS-12) zone at 318 N. Linn Street. Walz began by showing the zoning map where the property is located, just outside the C132 area in the RNS-12 zone. The subject property is located in the Neighborhood Stabilization Residential (RNS-12) zone at 318 North Linn Street. The purpose of the RNS-12 zone is to stabilize certain existing residential neighborhoods by preserving the predominantly single- family residential character of these neighborhoods. Provisions inthe zone prevent the conversion or redevelopment of single-family uses to multi -family uses. Board of Adjustment November 12, 2014 Page 2 of 12 The subject property is a single-family use that currently provides no off-street parking. It is therefore considered non -conforming with regard to parking. While the house includes 4 bedrooms, the rental permit allows an occupancy of no more than 2 unrelated persons due to the lack of on-site parking. The maximum number of unrelated persons allowed in the zone is 3. In order to allow of up to 3 unrelated persons, the property must come into compliance with the required parking -2 spaces. There is sufficient space in the back yard of 318 North Linn Street to provide 2 off-street parking spaces, however this would require paving over most of the yard. In order to preserve the back yard space, the applicant is proposing to provide the required parking on the abutting lot to the east at 311/313 Davenport Street. The property at 311/313 Davenport currently provides 6 parking spaces off the alley (two spaces are provided in the garage and 4 spaces on the parking aisle between the alley and the garage). In addition, at least one parking space is provided on east of the house with access from Davenport Street. The applicant is also the owner -occupant of 311/313 Davenport Street, which has a rental permit allowing a maximum of 3 unrelated persons per unit. For two-family uses (duplexes) the zoning code requires 1 off-street parking space per dwelling unit, unless the unit is occupied by a household with more than two unrelated persons, in which case an additional space is required. The maximum total parking that would be required for the duplex property at 311/313 Davenport is 4 spaces -2 for each unit to allow a maximum occupancy of 3 unrelated persons per unit. The applicant is proposing to construct one additional space off the alley, to the east of the garage, which would stack the two spaces to be assigned for 318 North Linn. Walz read the Garage, Driveway, and Parking Standards for single-family zones state the following: "For single -and two-family uses in the zone, a required parking space may be located behind another parking space on a regularly constructed aisle, provided the spaces are not stacked more than two spaces deep, counting the space within the garage." Walz indicated that in accordance with the specific standards, the proposed parking is located in the same RNS-12 zone and that the applicant had the required location plan, drawn to scale, showing distance, parking location, walking route, property lines, etc. The location plan shows two stacked parking spaces intended to serve 318 North Linn located approximately 93 feet from the back door of the house. Staff believes the off-site parking locations are sufficiently convenient and accessible because the two properties are abutting, and parking is located along the rear alley that serves the both properties. Providing the parking for 318 Linn off site will allow the applicant to preserve the minimal amount of rear yard space that is available for the enjoyment of the residents and will reduce the additional amount of paving necessary to meet the parking requirement. Walz stated that Staff has recommended, and the applicant has indicated, that the covenant be submitted as a condition of approval of the special exception. The covenant must be approved by the City Attorney. Grenis asked for clarification if the exception pertains only to the parking being next door? If the owner were to make the backyard into the two spaces, would that require an exception? Walz stated that would not require a special exception. Board of Adjustment November 12, 2014 Page 3 of 12 Baker asked about the requirements for space in a backyard that cannot be paved over, if that is an issue in this case. Walz replied that the owner has adequate space in the backyard to add the two parking spots without exceeding the coverage standard. Grenis stated it would take an estimated 75-80% of the backyard space. Goeb asked if there were any zoning requirements regarding the amount of space in a backyard that can be paved, Walz stated there was not however there are standards for setbacks, area of property that can be built upon, but pavement rules apply mainly to front yards. Jim McCarragher, representing the applicant, stated that the pavement has begun in the proposed area, as it needs to be done before the weather turns too cold. That is unrelated to the current application; the area being paved can be done without special permission. Walz ran through the general standards for the special exception. Staff believes the application satisfies this criterion because the parking spaces are provided on the abutting property along the alley that serves both properties. Residents will access parking from the alley, which is considered safe for pedestrians and vehicles, and similar to how other residents in the neighborhood access their parking. The proposed arrangement provides assigned parking for the residents and will address this property's demand for on -street parking. She noted that parking is already established along the alley, and the property at 311/313 has more than the parking than is required to serve the duplex located on the site. Staff believes that the off-site parking arrangement preserves the limited private open space on the subject property, which is a benefit to the residents of the single-family use and the neighborhood in general as it has the potential to minimize paving in a very densely built neighborhood. The zoning code allows required parking spaces for single- and two-family uses to be stacked. Staff does not believe that the number of cars parking along the alley presents any concern with regard to congestion on public streets and, in fact, will help reduce some demand for on - street parking. The Director of Neighborhood and Development Services has indicated that the parking area conforms to all other applicable regulations and standards. Walz stated that the Central District Plan calls attention to the demand for rental properties in this neighborhood and encourages a healthier balance of owner -occupied and rental housing. It is noted in the plan that renters are able to pool funds such that they can outbid single-family homebuyers. Though much of the Plan's focus is on homes that are reconfigured into apartments, one may question allowing the increase in occupancy made possible by the provision of parking. However, the subject property has adequate space in the rear yard to provide two parking spaces on site. Staff believes it is therefore preferable to preserve the back yard of 318 Linn, which would likely be paved if the special exception is denied. Another goal of the Comprehensive Plan is to bring over occupied and non -conforming properties into compliance. Because the home has four bedrooms, there may be a temptation to over -occupy the rental. Providing off-street parking to allow 3 unrelated roomers will heip ensure that adequate parking is provided for residents of the property. Staff believes that posting a sign indicating the off-site parking will help ensure that residents and owners of both properties are aware of the off-site parking agreement, and the will allow Rental Inspectors to readily verify that required parking is in place. This will help to ensure compliance over time as Board of Adjustment November 12, 2014 Page 4 of 12 owners and residents of the two properties change. Staff recommends approval of the application subject to two conditions: • City Attorney approval and recording of the covenant for off-site parking; and • The subject off-site parking spaces should be posted with a sign indicating the spaces assigned to residents of 318 North Linn Street. The sign to be approved by the Senior Housing Inspector. Soglin asked for clarification on which home was the owner -occupied house, Walz stated it is the house on Davenport Street and confirmed that in the non -owner -occupied housing is allowed to have 3 unrelated renters in the home, however, because currently there is no provided parking, the limit is 2 unrelated renters in the home, but because it is a 4 bedroom house there is a desire for more occupants. Baker stated that this situation can be remedied without the exception, if the backyard were just to be paved. Grenis asked if since it were a 4 bedroom home, could there be 4 unrelated renters? Walz stated that was illegal. Dulek confirmed legal action could be taken if that discovery was made. However if a family or related occupants lived in the home, there is no limit. Grenis asked if there were to be more parking, could then 4 unrelated people be in the house and Walz stated no, the limit in that zoning is for 3 unrelated renters in one home. Baker asked how long the zoning has been in place on this property. Walz answered it was approved in early 2000's, perhaps 2003. Dulek stated it happened when the City started taking action on single-family homes converting into apartments or duplexes. Baker asked how long the owners have owned the property. Dwight Dobberstein, owner, stated he had own the properties for approximately 15 years and that the occupancy/parking requirements changed after the property was purchased. Chrischilles asked Walz about RNS-12 zoning, it states the purpose is to stabilize certain existing residential neighborhoods by preserving the predominantly single-family residential character of these neighborhoods. However it doesn't appear to be doing that. Walz explained that when they talk about the single-family character it means the houses themselves not be divided into duplexes or triplexes, it is not stating family in the sense of a nuclear family, you can have a household of unrelated people, the zoning is referring to the buildings themselves and the general cap on occupancy. Whereas in certain areas of the City there were places where there could be 4-5 unrelated renters. This occupancy requirements is the same an RS -5 zone you would find well outside of the University Impact area. It has the same occupancy standards for it is to preserve the character of the structures. Chrischilles stated he thought that RNS-12 is to help balance the rental properties with owner -occupied properties. Dulek gave an example of the nearby house where the owner lives, if the owner changes that home to make it no longer a duplex, removing the dividing wall, then if after another few years, they would like to reinstate the home back into a duplex, they would not be allowed to. Anything that was in the area already as a duplex or triplex was grandfathered in. There are structures in the RNS-12 area that are clearly not single family structures. Board of Adjustment November 12, 2014 Page 5 of 12 Goeb stated that if there were not sufficient space in the backyard for the parking and the only option was the adjacent property parking that needed the Board's exception, and the Board granted the exception, they would then be contributing to the density of the property allowing it to go from 2 unrelated renters to 3. Walz explained that it allows an increase in occupancy, not density. She stated that, in this case, as the owner can proceed either way, but is asking for the exception to avoid taking away the backyard space. Chrischilles agreed thinking that the RNS-12 zoning was to limit the increase of density, however just by increasing a parking spot; one can increase occupancy in a home that is meant to keep a single-family character. Walz stated they are increasing the occupancy, not the density. There could be a household of 10 in the same home if they are related. Goeb stated that would then resort the property back to single-family and not multiple renters. Walz stated the zoning is not to discuss the question of family, but to limit the number of household/dwelling units on a property. Dulek confirmed that the zoning code does not distinguish between owner -occupied and rental; it regulates the density and occupancy. The Comprehensive Plan for a neighborhood states type of occupancy desired. Dulek confirmed that if she has a family of 10 and rents the property that is okay, as if she were a family of 10 that owned the property and lived there; however in any case, only 1 unrelated person can live in the property. The likelihood of when you have a duplex or triplex is that you will have renters. So the idea of stabilizing it is if it ever changes, sold to someone who takes the property from a duplex or triplex to a single -unit home, it cannot be changed back, it will always be a 1 unit structure, it can never be put back into a duplex or triplex. Density speaks to the number of units per acre, occupancy is the number of people per dwelling unit and is primarily dependent on the zoning and parking. Chrischilles asked for clarification then that the RNS-12 zoning code does not apply in any way to the desirability to have owner -occupied single family homes in that zoning area. Because if all that is required is matching parking spaces to number of people in a dwelling he doesn't see how the RNS-12 zoning has any impact. Walz read the RSN-12 zoning code purpose: "The purpose of the Neighborhood Stabilization Residential Zone is to stabilize certain existing residential neighborhoods by preserving the predominately single-family residential character of these neighborhoods. Provisions in this zone prevent the conversion or redevelopment of single family uses to multi -family uses." Walz further explained that this application is not changing the property to a multi -family use, it is remaining a single-family use. Walz sensed the confusion is the word "family," which in the zoning code just refers to how many units are on the property; it does not distinguish the type of people that live in those units. Single-family means there is a property with just one dwelling unit on it. Chrischilles countered that statement saying the zoning code says it wants to stabilize residential neighborhoods by preserving predominately single-family residential character. Walz stated that in this zone, mostly what you have is single-family houses, a structure with one living unit. Dulek explained that the single-family units cannot be divided up into duplexes to increase occupancy. Chrischilles felt the zoning code was poorly worded and should state single -unit and not single-family. It is misleading. Board of Adjustment November 12, 2014 Page 6 of 12 Walz stated the zoning code was put in place to help preserve the architecture of the area, so multiplex buildings could not replace the character of a single-family home. Goeb felt the architecture is not being preserved if you can build a parking lot behind all these homes to allow for the unrelated renters. Walz stated the zoning code does not prevent anyone in any zone from paving a good deal of their backyard. Soglin asked if a married couple could then live with 2 other un -related people. Walz stated no, only a family plus 1 unrelated person can live in the unit. The zoning code says a related family of however many can live in the unit, but only 1 unrelated person can live with them. Soglin stated the owners could be paving the backyard of this property, so if the special exception is allowed they could still go ahead next summer and pave the backyard, which Walz agreed could be done. Dulek stated the Board could add a condition to the approval to not allow that to happen, if the Board's concern was to limit pavement. Baker stated he did not have a problem with paving the backyard in this particular property. Soglin stated she did as the area around the home is a lot of pavement. Walz stated that in the Central District Plan there is language that talks about the lack of public open space and an interest of having private open space for people to enjoy. This exception would be a minimal amount of paving on the adjacent property in order to preserve the backyard, which to staff seemed like a good tradeoff. Soglin stated that is based on good faith of the owners, which is her issue. If the Board allows this exception the homeowner could still pave the backyard. Chrischilles agreed, stating the pavement on the adjacent property has already been done, and then if the backyard is also paved, it would not allow for more renters, but would allow for more parking and desirability of the rental properties. He goes back to the character of -the occupancy is not altered one way or the other by the pavement of the backyard. Goeb asked for clarification on what the Board is approving then if the pavement has already been done. Watz stated it is so those new parking spaces can be used for the neighboring building so the occupancy can be raised to 3 unrelated renters in that unit. Soglin asked why the owner is just now seeking to raise the occupancy, after owning the unit for over 15 years. Dobberstein stated there are currently 3 occupants in the unit, which is in violation of the occupancy rules, so that is why they are seeking to increase the parking, to be in compliance. When the property was purchased there were more than 3 occupants, when the new zoning took affect they reduced the occupancy and were told they could only have 3 and proceeded renting under that understanding. During a recent inspection when asked about parking, Dobberstein showed the inspector the adjacent parking, as it always had been, thinking they were in compliance. Chrischilles asked if during the rental property inspection if the parking has to be verified and Walz stated it is her understanding. Chrischilles stated the owner had been issued a rental permit all these years with the occupancy stated as 2. The inspector does not always know how many occupants are really in the units during the inspection. Board of Adjustment November 12, 2014 Page 7 of 12 Chrischilles also questioned why a special exception is not necessary to pave the backyard if the issue of the application is to have enough parking to allow for 3 renters. Dulek stated the zoning code allows pavement of property as a right. Dobberstein explained that the house used to have a garage behind and a parking space behind the garage. It was rundown, a homeless guy was living in it, and it was burnt down. Now to be in compliance, he feels there is no reason to have parking in the backyard since there is ample space for parking next door. Goeb stated concern that the owner has allowed 3 occupants for years when the rental permit specifically states 2. Walz asked Dulek how the Board could tie the condition of not allowing pavement of the backyard to the special exception. Dulek said it could state the agreement to allow the parking on the adjacent property is contingent on not paving the backyard. Chrischilles states the Board cannot override zoning ordinance, which allows for property owners to pave their land, which is confusing then because Dulek is saying there can be a restriction placed on the exception approval. Dulek stated if the backyard is then paved in the future, the special exception would become void. There is no way to stop pavement of the backyard in perpetuity. McCarragher explained to the Board the goal of this application is to save the green space of the backyard and would not want to pave the backyard if the exception is granted. There is currently a lot of stacked parking in that area, so it will not change the character of the area and will allow some green area where there is very little. If the exception is denied, the only option is to put the paving in the backyard. The goal of paying the money to go through the exception process is to avoid paving the backyard. As far as the future goes, if a condition is attached to the exception, and the owner did pave the backyard, the exception goes away. However, there would be a covenant regarding the parking spaces and the covenant would transfer between owners. There is currently a garden in that backyard that would be sad to have to remove to put in the pavement. Soglin stated if Council in upcoming years puts restrictions on paving backyards that would preserve the green space for future use as well. Goeb asked again for clarification because it appears if the paving has already been laid in the spot, and there is already have three occupants in the house, what is the Board approving? Walz state the Board is approving the dedication of that paved spot for the residents of 318 N. Linn Street. Open public hearing No one present to speak. Closed public hearing Grenis asked for clarification on if the Board could put the restriction on the pavement of the backyard. Board of Adjustment November 12, 2014 Page 8 of 12 Dulek confirmed again the Board could place a condition on the special exception, but if the owner wanted to pave the backyard they could, it would just make the special exception void. Baker stated he came to the meeting predisposed regarding the special exception because the trade-off the special exception seemed to present parking on another property to preserve green space. He now looks at that green space, the neighborhood, the alley, the buildings around it, and has no problem with putting 2 parking spaces in that green space. One of the assumptions he was basing on his judgment on was the special exception would allow for an additional tenant in the unit. However, since there are already 3 tenants in the unit, when the rental permit only allows for 2, allowing parking adjacent property is not necessary to satisfy that requirement. Baker believes the parking should go on the property for which the tenants live and by doing so it will be legitimizing the use they already are using, it won't increase the use. Grenis stated whether they are being legal or not right now is not the issue, it's a peculiar that this is an application when the solution is right there. The owner can pick parking spots elsewhere as long as within 300 feet of the property, but since they happen to own both properties and there is space for parking at the other property, it seems to be a good solution to keep the backyard open. In going through the general standards he tried to focus on the option—this appears to be the best option. Soglin agrees, it is important to save the green space and that is supported by some of the specific standards. The bigger issue of parking in that neighborhood forces difficult decisions and unfortunate trade-offs Chrischilles states he sees the exception as the lesser of two evils, doesn't believe the intent was to look at this as a reasonable solution. Although not within the power of the Board, he stated his disappointment on being asked to rule on something there is no real control of because if the special exception is denied they can go ahead and put the pavement in the backyard and if we grant the exception they can just continue with what they were already doing, just would now be in compliance. Goeb agreed with Baker that she came in with one opinion and after discussion has another opinion and feels that backyard will be paved in the future so why not just do it now. Grenis called for a motion. Dulek asked if the sentiment of the Board was 3-2 in favor of the exception. If not, the Board would need to go through each of the standards and state findings as to why there is not a preponderance of evidence. If there are 3 that will grant the exception then that would not be necessary. Grenis asked if everyone had looked at the findings and know what they can base their denial on. Baker stated the argument that the tradeoff is the benefit of green space vs. parking is not compelling, as put forth in the application, page 4 item 2. Dulek stated the question is whether the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. Walz explained that under this standard staff saw this as an opportunity to preserve green space on the property. Dulek said staff found it was not injurious and would not diminish or impair property values, if the Board thinks otherwise they will have to state why it would be injurious and will substantially diminish or impair. Board of Adjustment November 12, 2014 Page 9 of 12 Soglin Moves to approve EXC14-00011, an application submitted by Dwight Dobberstein to allow off-site parking for property in the Neighborhood Stabilization Residential (RNS- 12) zone at 318 N. Linn Street subject to: • City Attorney approval and recording of the covenant for off-site parking; and • The subject off-site parking spaces should be posted with a sign indicating the spaces assigned to residents of 318 North Linn Street. The sign to be approved by the Senior Housing Inspector. Baker seconded the motion. Grenis asked for discussion on the motion. Baker stated that if this was a request for an exception request based on the fact there is no other option, however in this case they do not need the special exception to achieve the goal they are trying to achieve. Therefore the Board is under no obligation to grant that exception. Dulek stated that is not correct, the applicant filled out an application and if the criteria are met then application is to be up for approval. The why is in question. If the application is not approved, there needs to be a "why -not" stated. Baker questioned if once the staff has receives an application they set up the criteria/standards. Walz explained that Council sets the criteria/standards; it is in the City Code. The Board vote is needed because the Board may see the application does not meet the criteria/standards and have a different opinion than staff. Baker questioned the criteria of meeting the need for green space, and Dulek explained that is not one of the criteria; it was just used in the staff report to show that the placement of the paved parking space in the application is not injurious to the property as there is other parking over there as well. Walz stated that by injurious they are looking to see if there is a safety issue placing the parking there or an inconvenience and the space will not be used. Baker commented that stacked parking is never ideal; however Walz stated it is allowed in the code. Chrischilles asked even though it's allowed, could the Board state that because the stacked parking is an inconvenience and therefore injurious to the residents when they could have side by side parking right behind their house. Dulek replied that would not be a successful argument since the stacked parking is allowed in the code, so it cannot be injurious. Dulek acknowledged the City Code states that exceptions cannot be injurious to the use and enjoyment of other property in the immediate vicinity. The Board must decide if the proposed exception is injurious or not injurious to the use and enjoyment of the property in the vicinity. Staff concluded no, however the Board can come to a different conclusion. Additionally the Board needs to discuss if the exception will substantially diminish or impair property values in the neighborhood. If the Board concludes there is reason to believe it is injurious, then they need to state why. These are general standards applied to all exceptions, not just having to deal with parking or this specific application. So the Board must determine if there is something about this proposal that is unsafe or injurious to the use of this single-family property. Goeb asked if delaying voting on this item is an option to have more time for discovery. Her dilemma is the whole preservation of the neighborhood, and if it is not being preserved in a way one would think when hearing the term single-family, and then why not just pave everything up. Board of Adjustment November 12, 2014 Page 10 of 12 Dulek stated that is not the question of the application, and therefore not up to the Board to determine what should or should not be paved. Soglin feels that the Comprehensive Plan is to help preserve green space and this application is following that plan by having the parking at the other property so to keep the green space at the application property. Grenis noted that since there were no public comments from surrounding properties, that shows this application is not injurious. Walz asked if the issue Goeb and Baker were having with the application is because they feel it is unnecessary. Goeb stated it was more that the Board is not really in any decision making situation, rather just "rubber stamping" the application because there is no choice. Walz stated the Board does have a choice, but they must just state why the application is not meeting the standard. Goeb questioned if the staff and legal counsel find the application meets the standards than how can the Board disagree. Walz explained that when staff reviews an application the only criteria is to see if it meets the standards and if there is something that doesn't meet the standard criteria, then explain why. There can be times when something seems very reasonable, but it does not meet the criteria. Additionally, there could be a case where the application does not seem necessary, but it meets all the criteria. In this case, Walz reviewed the application and found that due to the character of the neighborhood, because part of the pavement was already there, in effort to preserve the green space at least at the present moment, the application appeared to be a benefit with no negatives. Baker asserted the staff put the report in terms of stating it was advantageous to approve the exception. Baker sees no advantage to that space remaining green, it is such a small space. Chrischilles discussed item 7, the Comprehensive Plan, and questioned the staff report stating the proposed exception will be consistent with the Comprehensive Plan. The Comprehensive Plan encourages a healthier balance of owner -occupied and rental housing. The Board could say this application discourages an unhealthier balance because it increases the occupancy of the unit. Dulek said that was not a viable reason for denial because whether the unit allows for 2 or 3 does not reflect if it is owner -occupied or not. Grenis stated the Comprehensive Plan calls for preservation of green space and the Board cannot disagree with that. Then in the next paragraph it states another goal of the Comprehensive Plan is to bring over occupied and non -conforming properties into compliance, which this exception will do. Dulek explained that the Board must show how this application is inconsistent with the Comprehensive Plan. Chrischilles stated if the Comprehensive Plan and the Code have standards for occupancy based on parking and this property does not meet that standard one could argue the Board is allowing the increase of occupancy by allowing the exception. Walz stated the applicant could provide the parking without the exception though too. Staff could not find any evidence to deny the application. The benefit found is preserving the green space of the backyard. Grenis said that regarding EXC14-00011 he concurs with the findings set forth in the staff report of November 12 2014, and concludes that without comment from neighbors of the property it is found to not be injurious and supportive to the surrounding areas and the general Board of Adjustment November 12, 2014 Page 11 of 12 and specific criteria are satisfied. Unless amended or opposed by another Board member he recommends that the Board adopt the findings in the staff report as their findings for the acceptance of this proposal. Soglin seconded what Grenis stated Baker stated appreciation to the applicants for going through the process. A vote was taken and the motion carried 3-2. (Baker and Goeb dissenting). Grenis declared the motion for the special exception approved, noting that anyone wishing to appeal the decision to a court of record may do so within 30 days after the decision is filed with the City Clerk's Office. OTHER: None BOARD OF ADJUSTMENT INFORMATION: None ADJOURNMENT: Soglin moved to adjourn, Goeb seconded. The meeting was adjourned on a 5-0 vote. z W F- N D Q LL O a O m O U W W U z a 0 z w E- Q r 0 N M 0 N N x x x x x o x x o o x 0 Iz x x x x x rn x x x x x N °D x x x x x V N x x x x x M °c° x x x x x r r N x x x x x r x x x x x 0 x x x x x CD x x x x co 0 Iz x x x x ti N x x x x �o ti cp "t ao x w o 0 0 0 0 N N N N N W r r r r r H W Z W F >- W U N Y a Zui J J m m V 2 C6_ U Z W W m Z 0— J Q Q O w = O Z m 0 0 V to M MINUTES PRELIMINARY HISTORIC PRESERVATION COMMISSION NOVEMBER 13, 2014 EMMA HARVAT HALL MEMBERS PRESENT: Kent Ackerson, Gosia Clore, Kate Corcoran, Frank Durham, Andrew Litton, Pam Michaud, Ben Sandell, Ginalie Swaim, Frank Wagner MEMBERS ABSENT: Esther Baker, Thomas Agran STAFF PRESENT: Bob Miklo, Jann Ream OTHERS PRESENT: Pat Barten, Jim Hayes RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) None. CALL TO ORDER: called the meeting to order at 5:28 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. CERTIFICATES OF APPROPRIATENESS: 1131 1137 1205 and 1211 East Burlington Street. Miklo introduced Jann Ream, who works in the Development Services Division in the Neighborhood Service Department at City Hall. Miklo said Ream would be assisting in reviewing some of the historic preservation cases. Miklo said these properties are in the College Hill Conservation District. He said these are four properties on the south side of Burlington Street. Miklo said the proposal is to construct a fence across the front of the properties, with a gate near the center. He said that although the post would be made of metal, the pickets would be made of wood. Miklo said the Oakes house on Court Street has an historic picket fence, and this would be similar to that fence. Miklo stated that the proposal is unique in that the gate itself would be taller than the standard four -foot picket fence. He said it is proposed to have limestone piers with a metal gate that reflects the art of Grant Wood. Miklo showed an image of the four properties, stating that the gate would be in the middle with the fence continuing across the remainder of the properties. Miklo said that the guidelines for landscaping and site work in conservation and historic districts encourage fences that are modeled after historic fences, either picket or wrought iron metal. He added that this would be very similar to a picket fence, although it will have some metal components. Miklo said the gate itself is not necessarily modeled after an historic design, but staff thinks it is an appropriate contribution to the conservation district and recommends approval. HISTORIC PRESERVATION COMMISSION November 13, 2014 Page 2 of 8 Hayes, the applicant, said that these four properties on Burlington Street are contiguous properties with the house he owns on 1142 East Court Street. He said this was all part of the original Oakes property from 1855 until the Oakes family moved. Hayes said these houses sit on property that was prairie and trees until the houses were erected in 1910. He said that through the years, he has bought these homes and gifted them to The University of Iowa. Hayes said that in his gift agreement he has intended that these houses be used for artists in residence. Hayes said that about six years ago the University agreed to move the timetable up, so that the Grant Wood Art Colony was started. He said that in two of the houses, and eventually all four, art students have begun living there a year at a time. Hayes said this has been a great thing for the city, the state, and the nation, because these people leave the art colony full of new concepts and ideas about their art work and about Grant Wood and spread them throughout the world. Hayes stated that the gate and fence project being proposed would identify the colony better. He said this would really set it apart. Hayes said it would add to the beauty of the neighborhood and to the interest of the neighborhood. Hayes introduced Pat Barten as the contractor for the project. Sandell asked who would execute the gate. Hayes said the design of the gate was done by Shirley Weyrick. He said the fabricators will be done in Saint Louis, Missouri and at a foundry in Wisconsin. Hayes said he hopes to start the project in early spring and have it finished by early summer. He said it will be set up so that it can be operated electronically and also manually. Michaud said it is a really great idea to stabilize the neighborhood there. She said she likes the general idea of encompassing that property. Michaud said the design is gorgeous. She said she is just a little concerned that the 12 foot tall gate is twice the usual height for the six-foot fencing limit. Hayes agreed that it certainly is taller. He said that it is Weyrick's design, and what he hoped is that by properly proportioning the connecting up fence that will go from the big pillars to the four - foot fence. Hayes said that the gate itself is twelve feet tall, and the fence is four feet. He said there will be a transition of pickets from the top of the stone pillars down to the four -foot fence that he hoped would soften some of those concerns. Michaud asked how wide the gate would be. Barten responded that it would be 11 feet wide. He said it is the size of the driveway that goes between the houses back to the alley. Hayes said it would be 11 feet wide and 12 feet tall. He said the gate would be inset in such a way that there would be one car's length off the street so as not to block traffic. Ream said it would be ten feet back from the sidewalk. She said there is a slight rise from the sidewalk up to the houses, and it would be at the top of that rise. Ream said it is set back from the sidewalk quite a bit in terms of visual impact. HISTORIC PRESERVATION COMMISSION November 13, 2014 Page 3 of 8 Michaud asked which side of the tree the four -foot fence would be on. Hayes said the four -foot fence would be behind the trees, but none of the trees would be disturbed on either side. Hayes said he has hired Steve Ford as a landscape architect, to make certain that the fence is built onto the terraces appropriately and with proper proportions. Corcoran said it is an admirable project that will really unify the homes. Sandell said he also thinks it will be a great project. He asked about using steel for the posts and if it would be in a concrete footing. Barten said a steel post would last a lot longer than a wood post. Sandell asked if it would be powder -coated or how one would keep it from rusting at ground level. Barten said it would be up out of the ground in a concrete pier. He stated that the whole fence will be powder -coated where it needs to be, but they have not reached that point. Barten said it will be two steel posts with steel channels in between, and the wood pickets will be attached to that. Michaud asked about the color of the posts. Hayes said the posts and the picket fence itself will be the same dark green as the trim on the houses. Regarding lights, Hayes said he is proposing lighting for the gate itself, although it has not yet been decided how that would be done. Hayes said he would like to recycle into the posts the old limestone from the Green Mansion in Stone City, which has significance because of Grant Wood's art colony at Stone City. Michaud said that if there is no way to reduce the height, the left pier will be higher than the right one. Hayes confirmed this. Michaud said this is a great design. She said that in the past the Commission has been careful to put a caveat on its approvals that were outside the norm. Michaud said that if a 12 -foot gate were approved for this property, maybe part of it would be because it is an artistic design integral to the mission of the non-profit. She said that otherwise the height is deviating and presenting a precedent for other types of developments. Ream said that in order to allow this height in a front yard setback, the Zoning Ordinance did need to be amended, which occurred several months ago. She said that as part of that amendment, this is only allowed with a minor modification, which is an administrative way to get something approved that would normally deviate from the zoning ordinance. Ream said there is another level of review that would occur before anything else like this would go into a front yard. She stated that all of those approval criteria have to be met first with the zoning ordinance. Ream said that something like this might not come before the Commission again, but it would always be reviewed by City staff when it is in a front yard setback. Michaud said there would not be a gate on the back parking lot and asked if this would therefore be mostly ornamental. Hayes said that he intends to use it on a regular basis, and he thinks all the artists in these four houses will use it. Michaud said that since there is not a gate on the back of the parking lot, that would be an easier egress for a lot of people. Sandell said that on the drawing, it looks like there are a couple more driveways along the fence and asked how those will be handled with respect to the fence. Hayes responded that there are two driveways, and the fence will come up to the edges of the driveways, the accessing HISTORIC PRESERVATION COMMISSION November 13, 2014 Page 4 of 8 driveways. He said that on both the driveway on 1211, which is the furthest east, that driveway can take a car to a one -car garage on the back of the property, and the driveway on 1131 goes up to the back door of the back porch. Michaud said she is still not certain where the gate will be. Hayes replied that it would be by the big maple tree, between those two trees. Sandell asked if he could request an elevation. He said the grade changes significantly going down the hill there, and he is curious about how the other driveways interact with the posts and the columns. Barten said that Steve Ford is working on that right now. Swaim said, in terms of planning and construction, it seems like the applicant won't be doing anything for a few months at least. She asked Commission members if they wanted to table this in order to see the elevation at the next meeting. Michaud said this is an asymmetrical design, and although she realizes it is an artistic thing, she does not know how the left pier being taller than the right pier will come off in a Victorian setting. She said she would like to have a little more detail. Hayes said he does not think there will end up being that much difference across the gate, because the way the grading was done in front, it is already cut back to make it level. Male Sandell asked if steps are anticipated to keep the pickets level or if it will follow the grade of the slope. Hayes said there will be steps. He said that will follow the design by Grant Wood for his fence in front of 1142 Court Street. Barten said that as soon as he has plans, he can send it over for Commission review. He said that it is Weyrick's design, and she has a lot left to do for it. Barten said that once the design is set, it has to go to a fabricator, and that will take a while. He said the gate will probably take three to four months to put together. Swaim said she feels that there is a landscaping person working on this and an artist who will take into account the surroundings. She said it is not going to look Victorian, but she does not believe it needs to in this case. Swaim said she is comfortable with voting on the plan as it is. Sandell said he does not think it is necessary to see an elevation plan and did not want to hold up the construction schedule. Corcoran suggested the motion include a condition that this be reviewed by staff and the chair, along with the other factors. MOTION: Corcoran moved to approve a certificate of appropriateness for the project at 1131, 1137, 1205 and 1211 East Burlington Street as presented in the application with the following conditions: 1) any external lighting is limited to illuminating the gate and its component parts, 2) the location and design of light fixtures are to be approved by staff and Commission chair, and 3) a review of the final plan for the design and grading of the final project are to be approved by staff and the Commission chair. Sandell seconded the motion. The motion carried on a vote of 9-0 (Aaran and Baker absent). 1530 Sheridan Avenue. Miklo said this property is in the Dearborn Conservation District. He said that it was built around 1930, and the Sanborn maps show that it was added on to at some point after that, with a wing on the north side of the house, where much of the work is proposed. Miklo presented a HISTORIC PRESERVATION COMMISSION November 13, 2014 Page 5 of 8 photograph that shows that, other than the north addition and a dormer addition on the west side with a window modification, the house is pretty much in its original state in terms of design. Miklo said the proposal is to modify an existing doorway and window in order to accommodate a kitchen/laundry room remodel. He said the doorway would be removed and replaced with a window similar in size to the window on the other corner of the house. Miklo said another window would be removed and replaced with an entrance door. Miklo said the packet includes a floor plan showing the addition where the window is and the current doorway is, as well as the proposed changes. He noted that the door does not appear to be original to the house, given its materials and configuration. Miklo said the proposal is to trim the new window and new door to match the historic trim on the house. He said it would be a fiberglass door with lights on the top half and a panel on the lower half. Miklo said a fiberglass door, when painted, looks pretty much like wood and is a material the Commission has approved in the past. Miklo said that since the report was written, staff has learned that the storm door on the addition to the house will match the storm door on the front of the house. He said it is a wood door with an interchangeable glass panel or screen. In terms of the guidelines, Miklo said they reference that when one is changing an opening, either a window or door, it should be suitable for the historic pattern of the house or similar houses, should be trimmed to match the historic trim on the property, and the replacement doors should be suitable. Miklo said staff recommends approval of this plan. He said there is no longer a need for a condition, because the application now includes a wood storm door. MOTION: Wagner moved to approve a certificate of appropriateness for the project at 1530 Sheridan Avenue as presented in the application. Sandell seconded the motion. The motion carried on a vote of 9-0 (Aaran and Baker absent). 1411 Sheridan Avenue. Miklo said this property is in the Longfellow Historic District. He stated that the house is a bungalow and was built sometime around 1925 to 1930. Miklo said there is a nearly -twin house next door. Miklo said the house has some unique details that are not normally seen on a craftsman style house. He said that because they are also on the house next door, these details may be original. Miklo said the house retains its original windows and interchangeable storms and screens, and they are in very good condition. He said the proposal is to replace an existing basement window with an egress window in an existing bedroom in the basement. Miklo said the proposed window would be a casement window but would be partitioned to appear like a double hung window like those on the two upper levels of the house. Miklo said the guidelines indicate that when windows are added for egress, they should be designed to mimic double hung, which in this case is being done, and the material of the HISTORIC PRESERVATION COMMISSION November 13, 2014 Page 6 of 8 window well should match the foundation of the house. He said that in this case, the house has a concrete and brick foundation that has been painted so that the proposed poured concrete foundation will complement that nicely. Miklo said staff recommends approval of this application as submitted. MOTION: Michaud moved to approve a certificate of appropriateness for the proposed project at 1411 Sheridan Avenue, as presented in the application. Wagner seconded the motion. The motion carried on a vote of 9-0 (Aaran and Baker absent). REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF: Miklo pointed out that this encompasses two months worth of projects. He said they all meet the criteria for minor or intermediate review or are certificates of no material effect, where one is basically changing out worn or damaged material for like material. Swaim asked what was involved in the radon mitigation item. Miklo said that involves a pipe and a pump that pulls the radon gas out of the house and above the roof. He said this particular project was done well in that it actually penetrated the roof like a chimney, so that it is a much cleaner look. Miklo said the guidelines encourage the radon pipes to be on the back or side of the house in a less visible location and be painted to match the siding of the house. He said that in this case, the house is brick, so the pipe was matched to the trim. DISCUSSION OF ANNUAL AWARDS PROGRAM: Swaim said the awards program is scheduled for Jannuary 29. Miklo added that there are several nominations, and there is a subcommittee that will be reviewing the nominees in the next couple of weeks. He asked Commission members to let staff know as soon as possible of any properties that might be eligible for an award. CONSIDERATION OF MINUTES FOR OCTOBER 9,2014: MOTION: Corcoran moved to approve the minutes of the Historic Preservation Commission's October 9, 2014 meeting, as written. Sandell seconded the motion. The motion carried on a vote of 9-0 (Aaran and Baker absent). HISTORIC PRESERVATION INFORMATION. Miklo said the appeal by Saint Mary's Rectory to the City Council regarding the Commission's decision on window replacement is going before the City Council on Tuesday. He said that Swaim will be representing the Commission, and there are a few other people who will speak. Miklo said the City Council is instructed by the code to determine whether the Commission followed its guidelines, and the City Council should use the same guidelines used by the Commission. He said the report presented to the City Council spells out the guidelines as well as the work of the Commission and the subcommittee that reviewed this. Miklo said that if the City Council finds that the Commission did not follow the guidelines and also that it was arbitrary and capricious, then the City Council can overturn the decision and approve the windows or send it back to the Commission. He stated that the particular windows HISTORIC PRESERVATION COMMISSION November 13, 2014 Page 7 of 8 that were proposed did not meet the guidelines even if the original windows were found to be in poor condition. Miklo said the City Council could approve windows that meet the guidelines. Corcoran said she believes Commission members made a good record that night of how they felt about that particular proposal. She said it is key from a legal standpoint that the Commission make a good record in the minutes by discussion so that it is clear what is motivating the Commission, how the guidelines are being followed, and how the guidelines are applied. Corcoran said this is especially important on a particularly contentious item. She said that way everything is on the record. Michaud said the Unitarian Church has received back a couple of decisions from its potential partners and will not be doing a major development as residential housing. She said there is a new proposal that the church will be presenting to its congregation regarding its position and what kind of plans it might have for the church at its present location or at a different location. Michaud said she would relay the information to Miklo for the next month's agenda if necessary. ADJOURNMENT: The meeting was adjourned at 6:13 p.m. Minutes submitted by Anne Schulte Z 0 N 0 O U O U Z LLI 2) w LO r F- LV O > Z d � Q r N D N W Z W F- a. FF - 0 U Q O U) Cl)FE r r X LU O LLI O x x X X X x x x CD r X X X X X X X X X O X X x X X x X X X - X X X 0 - - X X X XLLI co N V- X X X X X O O O X x X to X X x x X X X x X 0 Tm X - X - X X - X X X X M x X X i X X x X i x W G p X x x i X X - X i X X C-4 ti C„ � a M X X X i X x X X i X X N NY 04 N X X X i X X O x ' O O V - o x i x x x x i x x CD C X i X i X X x 0 i X x N X i x I X X X - i - x CD co r a co co n r- U) Lo �a W X W - (D N 0) N 0) N 0) N 0) N 0) N 0)rn N N rn N rn N rn N M M M M M co M M M M M W Q Q W Q ZW W J Y 0 0 Y Z m Q Z a LL 0 I=- W Q C9 W Z M Z w0 Q Z Q W W Y O U X O 2 V Z Q Z C9 a m c U) N 3 Q XOO W Y