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Home My WebLink About2006-09-19 Bd Comm minutes mr MINUTES City ofIowa City Civil Service Commission August 31, 2006 at 9:30AM Meeting Room A - Iowa City Public Library Call to Order: Meeting called to order at 9:31AM. Members Present: Lyra Dickerson, William Cook, Dorothy Maher Members Absent: None Staff Present: Sylvia Mejia, Karen Jennings, Sarah Holecek, Police Chief Sam Hargadine, Captain Matt Johnson, Lieutenant Rick Wyss Others Present: Mike Kennedy, Scott Miller, Davis Foster, Russell Long, Scott Gaarde, Mike Smithey, Matt Hansen Recommendations to Council (become effective only after separate Council action): None Approval of Minutes/Consent Calendar: Dickerson opened the public appeal hearing in the matter of the termination of Police Officer Scott Miller at 9:31AM. The proceedings were recorded and a written transcript of the hearing will be available in the City of Iowa City Personnel office by September 15,2006. The testimony and closing statements concluded at 1 :20PM. Miller requested that the Commission deliberate in closed session. Maher moved that the Commission go into closed session and Cook seconded. Upon conclusion of deliberations, the Commission returned to open session at 1 :38PM. The Commission found that Scott Miller did violate the four rules and operating procedures of the Iowa City Police Department as presented in the City's Specification of Charges which were the basis for his termination on July 10, 2006. The Commission unanimously upheld the termination of Scott Miller. Commissioners instructed Mejia to prepare a written Findings of Fact and Decision on Appeal for their signatures. Commissioner Cook moved to adjourn, Commissioner Maher seconded and meeting adjoumedat 1:51PM. Board/Commission: Civil Service Commission ATTENDANCE RECORD YEAR 2006 (Meeting Date) NAME TERM EXPIRES 02/09/06 3/22/2006 5/26/2006 6/7/2006 6123/2006 8/312006 8/15/2006 Lyra Dickerson 4/5/10 X OlE X X X X X Dorothy Maher 4/7/08 X X X X X X X Bill Cook 4/6/09 X X X X OlE X DIE NAME TERM EXPIRES 08/31/06 Lyra Dickerson 4/5110 X Dorothy Maher 4/7/08 X Bill Cook 4/6/09 X KEY: X = Present 0 = Absent OlE = Absent/Excused NM = No Meeting II .-. = Not a Member II ---~--~~------~-_._-- ~ ~-----'---'--~--~_._-----'--_.'---'--'._._---_. ~ Iowa City ~Public Library MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING THURSDAY, July 27, 2006 S:OO PM c:r: Agenda Item 3A Finali Approved Members Present: Thomas Dean, William Korf, Thomas Martin, Linzee McCray, Meredith Rich-Chappell, David VanDusseldorp, Pat Schnack Members Absent: Leon Spies Staff Present: Barb Black, Maeve Clark, Susan Craig, Debb Green, Patty McCarthy, Elyse Miller, Hal Penick Guests Present: CALL TO ORDER: McCray called the meeting to order at 5:02 pm. PUBUC DISCUSSION: None APPROVAL OF MINUTES: The minutes of the regular meeting of June 22, 2006 were approved with a couple of minor changes: "Korf/Swaim unanimous" should read, "Korf/McCray" and "straights" on page three should read "straits": VanDusseldorp/Korf, unanimous. UNFINISHED BUSINESS: Lease Soace - The first floor tenants are just about ready to open. They have been testing fire alarms, getting their final safety inspection, and the Johnson County health inspectors are going through the space. Kevin Hanick showed the basement a couple of times last month. He has designed a new sign to advertise the available space. There was discussion about renewing Hanick's contract, which expires on July 28, 2006. McCray abstained from the discussion because Hanick is a personal friend. A number of factors were discussed: the space has been represented by the same realtor for two years; the space is inexpensive for its location; once New York NY Deli opens, interest will likely increase. A motion was made by Schnack and seconded by Rich-Chappell to extend Hanick's contract until 12/28/06. The motion passed 6/0 with 1 abstention. Aoorove Board Annual Reoort. Craig drafted a report outlining the Board's accomplishments in FY06 and identifying goals for FY07. An additional goal was added as number 9; "Improve attendance by Board and Friends at other Library events." Schnack was impressed by all of the "big things" that happened this year and was impressed by the availability of WiFi. Dean/Korf, unanimous. NEW BUSINESS: FY06 Planninq Review: This is the end of the year planning report, updated from January. Korf asked about services to the jail. Craig explained that many things we do and services we provide are specifically mentioned in the annual report, but not all of them are mentioned in the planning update, which focuses on specific initiatives. McCray wondered about patron initiated ILL. Craig explained that because ILL is a staff-intensive and expensive service, reciprocal borrowers are directed to their home library for this ICPL BOARD OF TRUSTEES July 27, 2006 Agenda Item 3A Page 2 service. Rich-Chappell wondered about reference chat. Craig explained that reference questions are answered online in real time, just like other chat services. FY07 Plan: A preliminary version of this plan was approved last July and used in the budgeting process. However, staff have made some changes to reflect new opportunities and realities. VanDusseldorp wondered about phasing out VHS and audiocassettes as described in the plan. Craig stated that the use of both of these formats has dropped dramatically. The Library spent a modest amount of money on these media last year and did not budget any money for them this year. Staff will continue to weed these collections based on use and condition. Craig said she thought it would be a couple of years before these formats are off the shelves, but that this depends on how much they are used. VanDusseldorp asked how the VHS space would be utilized and Craig stated that there is a proposed space change in this area of the first floor, and the VHS space would be part of the changed space. Schnack wondered why the Department of Rhetoric was involved with the Community Writing Center. Craig stated that they contacted us about collaborating on a project. Clark said that the Writing Lab has been scheduled for Tuesday nights in September from 5:30-7:30. Tutors will be available, and the program is available for all kinds of writing projects. Schnack asked about the Senior Library Leadership Corps. Craig explained that our intent is to partner with other groups in our community who work with seniors, including the Senior Center. Dean asked about increased hours: Craig explained this goal has already been achieved with our Friday evening extra hours and the extra hour Sunday hour that begins on September 10. Martin thinks that "best picks" is a great idea, and wondered what bookstore shelving was. VanDusseldorp replied, "stack 'em high and watch them fly", just like in a bookstore. Craig said it's about displaying materials and using displays as a marketing technique. It is more of a retail look than a traditional library display look. Schnack suggested a Tortilla Curtain display. Rich-Chappell inquired about collections to "at risk" populations. Craig said that we are attempting to reach children and families or members of the general population who may have needs for materials we should purchase more of - early literacy for example. Schnack asked about improving service to underserved children. Lauritzen and Green are taking field trips in August to explore what other communities do to take collections out to the children. Our target implementation date is the end of school next summer. We are looking for grants to help fund this service and will focus on schools where the data show that year-round learning would be beneficial. Children's Services has scheduled three visits to Forest View Trailer Park this year. VanDusseldorp liked the idea of offering a film series. Friday evening after the concert series ends is a suggested time for this program. It will be oriented toward families and will provide an alternative for families in the winter. VanDusseldorp compared this with this summer's Saturday night film series. FY07 plan as changed was approved. Schnack/VanDusseldorp, unanimous. FYOB New Plan: Craig stated that the FYOB plan expands on initiatives in the FY07 plan and may appear as budget items if funding is needed. Schnack was pleased to see the at risk teens initiative. Korf thought we had a Friends of the Library Group. Craig said that the Library used to have a Friends of the Library Group and explained the difference between a Friends Group, which has dues paying members and is a social organization with active participation in the Library, and the Friends Foundation, which is a donor- based entity. Our Foundation has been a good source of volunteers but Craig feels that there may be a need for a Friends Group again, where citizens can feel not just financially involved with the Library, but invested in a social and emotional way. Schnack asked about other libraries; Craig said that many libraries have Friends Groups and pointed out that most Library Foundations are not as active as ours. ICPL BOARD OF TRUSTEES July 27, 2006 Agenda Item 3A Page 3 Martin wondered about expanding volunteers and how staff worked with them. Craig said that the main Union concern with respect to volunteers is with displacing paid workers. The special library card for younger users intrigued Dean. This initiative proposes to waive library fines for young cardholders, which may help remove barriers to library use. However, this could also restrict children's use of all materials throughout the Library since the cards are usually limited to materials in the Children's Room. McCray asked about assessing the Library's lighting. Craig said we have received comments about lighting outside and in the Children's Room. FY08 preliminary plan approved. Dean/Korf, unanimous. STAFF REPORTS: Deoartmental Reoorts: Adult Services, Circulation, Information Adult Services: McCray loved the Library hosting the World Cup matches in Meeting Room A. Craig said that attendance at the matches made her optimistic about the proposed film series on Friday nights. Schnack commented about the popularity of DVD Express. Black said that it's a growing collection and will eventually be offered to staff, much like Fiction Express when it was introduced. Clark pointed out that Nonfiction Express is another new collection, available on second floor, near the Reference Desk. Circulation: Schnack was impressed with the new Library cards for University Heights and Hills. McCray asked about claimed return rates. Craig explained that this reflects mistakes at check-in and that the number is much improved. Foundation Reoort: None. Craig said the Bylaws proposal would be presented at the August Board meeting, requiring a special meeting of the corporate members of the Friends Foundation. Schnack wondered about the Building the Collection event, and why it always has authors. McCarthy explained how valuable and successful this event is and that the auction has raised more money each year of the three it has been held. Reoort from the Fair: It was reported that the Public Libraries of Johnson County Fair booth was very attractive, well attended and received, and that all mood pens were given away. Thanks were given to all who helped, especially Sara Brown and Logsden. Miscellaneous: The grand prize was awarded in the Friday night drawing. It was a $2S0 community gift certificate. PRESIDENT'S REPORT: Craig reminded the Board that typically an annual dinner gathering is held in August or September. Past and present Board members, Coordinators, and their partners are invited to gather after the Board meeting. Schnack offered to host the gathering and it was decided it will be held after the August 24 Board meeting. It was suggested that the event be catered like last year. Board members and Coordinators were to RSVP to Miller. ANNOUNCEMENT FROM MEMBERS: Schnack mentioned that she brought Gorkv Park with her to Russia but neglected to take a picture for "take your book on vacation." VanDusseldorp asked about e-audio. The vendor has put e-audio on hold as they are updating their website. ICPL BOARD OF TRUSTEES July 27, 2006 Agenda Item 3A Page 4 COMMITTEE REPORTS: Friends Foundation: No report. Public Relations Committee - The PR Committee met twice since the last Board meeting. Dana Englebert is our consultant. The Committee developed a situational analysis to formulate an overarching public relations goal. Staff will then work on the details of accomplishing the identified goal, and develop a PR budget in September. COMMUNICATIONS: Library staff have been unable to identify the sender of the letter included in the packet and therefore Craig is unable to respond to the letter. DISBURSEMENTS: Visa expenditures and the disbursements for June were reviewed: VanDusseldorp / Martin, unanimous. AGENDA ITEMS FOR AUGUST MEETING: Annual Report Foundation Bylaws Special Meeting of Corporate Members New Board member appointment ADJOURNMENT: McCray declared the meeting adjourned at 6:24 pm: Rich-Chappell / Schnack, unanimous. Respectfully submitted, Elyse Miller ICPL BOARD OF TRUSTEES July 27, 2006 Agenda Item 3A Page 5 Board or Commission: ICPL Board of Trustees ATTENDANCE RECORD CALENDAR YEAR 2006 Meetino Date ... Name Term 1/~6106 ~/23/06 ... 3/3q/q6 4/~7106 5/25/06 6/22/06 7/27/06 8/24/06 ExD Thomas Dean 7101/09 X X OlE X X X X X Bill Kart 7/01 /09 X X X X X X X X Tom Martin 6/30/11 X X X X OlE X X X linzee McCray 7/01/09 X OlE X X X X X X Mary New 7/01/07 Term X begins Meredith 6/30/11 X X X OlE X OlE X X Rich-Chappel Pat Schnack 7/01/07 X X OlE OlE X OlE X X Leon Soles 6/30/11 X X X OlE X X OlE X Tom Suter 7/01/07 0 0 0 0 0 res res X David 7/01/07 OlE X X X X X X X VanDusseldorp KEY: x = Present o . Absent OlE . Absent/Excused NM = No meeting rn: IOWA CITY TELECOMMUNICATIONS COMMISSION FINAL MONDAY, JULY 24, 2006--5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE P ARKING FACILITY MEMBERS PRESENT: Gary Hagen, Saul Mekies, John Weatherson, Nicholas Parker MEMBERS ABSENT: STAFF PRESENT: Drew Shaffer, Mike Brau, Bob Hardy OTHERS PRESENT: Michelle Scott, Beth Fisher. Mike McBride RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION McBride said that he recently attended a conference of college cable TV channels. Among the topics generating a great deal of attention are podcasting and Internet protocol television (IPTV). Of the universities in attendance about half have a community cable TV channel. McBride said the University ofIowa compares well to peer universities. O'Brien said Kirkwood will install a video server in the near future, which will enable greater playback times. Hardy reported that the City Channel experienced the failure of3 of the 4 hard drives in the digital server resulting in the channel being down for a period of time. The channel will be moving to a mac-based video server, which should enhance programming options and increase stability. Shaffer reported that the Federal Communications Commission (FCC) recently opened a Notice of Proposed Rulemaking regarding media ownership. The City will prepare comments. Bruce Heppner- Elgin, the producer of the Avatar Project, has left City employment to pursue other opportunities. Hiring a replacement will be put on hold until the legislative picture becomes clearer as it could have a large impact on the Cable Division's budget. Shaffer spoke recently to the city clerk academy regarding franchising and telecommunications issues. Shaffer reported that a recent Iowa Supreme Court decision involving the use and amount of franchise fees assessed to a gas and electric company in Des Moines may have an impact on cable TV franchise fees. Lawyers from the Iowa League of Cities are reviewing the case to determine how it may impact cities. The United States Senate has about one week left before the August recess. It is unlikely the Stevens telecommunications bill will be addressed in that time and may not be taken up before the November elections. Statewide video franchising legislation will likely be re-introduced in the next session ofthe Iowa General Assembly if federal legislation is not passed. Mekies said that he will be contacting members of the James Gang who have set up the free wifi system serving sections of downtown Iowa City and Cedar Rapids to see if they would speak to the Commission. Weatherson said that he agrees with Mekies's comments at the June Commission meeting on the importance of wireless communications in promoting educational excellence. APPROVAL OF MINUTES Weatherson moved and Hagen seconded a motion to approve the amended May 24,2006 minutes. The minutes were approved unanimously. ANNOUNCEMENTS OF COMMISSIONERS Mekies welcomed Nicholas Parker to the Commission SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Shaffer referred to the complaint report in the meeting packet and said there were a higher number of complaints than normal. Mediacom's staff has been very cooperative and responsive in dealing with the complaints. There is one unresolved complaint involving changing billing names on an account. Parker asked how the complaints are collected. Shaffer said that the complaints reported are those he has received and that there are many more complaints subscribers may have that do not get reported to him. Mekies said that the rise in the number of complaints might be due to a higher public visibility of the City Cable TV Division. MEDIACOM REPORT No representative was present. UNIVERSITY OF IOWA REPORT McBride reported that programming was down during the summer as the activities ofthe University slows. Programming will expand greatly during the fall. McBride said that he recently attended a conference of college cable TV channels. Among the topics generating a great deal of attention are podcasting and Internet protocol television (IPTV). There are a number oflegal and technical problems surrounding cross-platform video distribution. Of the universities in attendance about half have a community cable TV channel. McBride said the University of Iowa compares well to peer universities. A survey of college students showed that 97% watch television and 22% watch campus and/or local access channels. Weatherson asked about the prevalence ofIPTV. McBride said that those who offer IPTV do not offer traditional cable TV and that no one has switched from traditional to IPTV. Those distributing programming via IPTV have been start-up operations. PATV REPORT No representative was present. SENIOR CENTER REPORT No representative was present. IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT No representative was present. LffiRARY REPORT Fisher noted the library channel annual report is included in the meeting packet. Fisher reported that the 2nd quarter was very busy. August is expected to be slower with an increase in activity in the fall. Technical problems with DVD playback systems will be addressed by expediting the purchase of a digital server for playback. Weatherson complimented the library for the improved look of the information screens, which are now created with software called Flash. KIRKWOOD COMMUNITY COLLEGE O'Brien distributed Kirkwood's quarterly programming report and the logbook of viewer comments. Many ofthe comments expressed an appreciation for the public domain movies Kirkwood programs. A video server will be installed in the near future, which will enable greater playback times. Hagen asked about educational progranuning on the channel. O'Brien said that educational programming is typically expensive and often has a limited shelfIife. Kirkwood has no operating budget to purchase programming. The public domain movies and television programs are free or at very low cost. CITY MEDIA UNIT REPORT Hardy distributed a model for future quarterly programming reports from the City Cable TV Division. The City Channel experienced the failure of 3 of the 4 hard drives in the digital server resulting in the channel being down for a period of time. The channel will be moving to a mac- based video server, which should enhance programming options and increase stability. Improvements have been made to the Info Vision program to allow the radio function to be set for a period of time rather than users changing the channel frequently. The Community Television Service will be taping a forum on disabilities for the Evert Conner Center and a public service announcement for the Johnson County Coalition Against Domestic Violence to be played back in the movie theaters. Weatherson said it is important when looking at the amount of progranuning produced by the access channels to consider the amount of imported programs compared to the number produced locally. CABLE ADMINISTRATOR REPORT Shaffer reported that the Federal Communications Commission (FCC) recently opened a Notice of Proposed Rulemaking(NPRM) regarding media ownership. The City will prepare comments. Bruce Heppner-Elgin, the producer of the Avatar Project, has left City employment to pursue other opportunities. Hiring a replacement will be put on hold until the legislative picture becomes clearer as it could have a large impact on the Cable Division's budget. Shaffer spoke recently to the city clerk academy regarding franchising and telecommunications issues. COMMUNITY TELEVISION GROUP PROPOSAL Hardy said that due to the problems with the City Channel's playback server that the Community Television Group proposal regarding special funding of programs was not finished. A proposal will be submitted at the next Commission meeting. LEGISLATION UPDATE Shaffer reported that a recent Iowa Supreme Court decision involving the use and amount of franchise fees assessed on a gas and electric company in Des Moines may have an impact on cable TV franchise fees. Lawyers from the Iowa League of Cities are reviewing the case to determine how it may impact cities. The United States Senate has about one week left before the August recess. It is unlikely the Stevens telecommunications bill will be addressed in that time and may not be taken up before the November elections. Statewide video franchising legislation will likely be re-introduced in the next session of the Iowa General Assembly if federal legislation is not passed. WIFI Mekies said that he will be contacting members of the James Gang who have set up the free wifi system serving sections of downtown Iowa City and Cedar Rapids to see ifthey would speak to the Commission. Weatherson said that he agrees with Mekies's comments at the June Commission meeting on the importance of wireless communications in promoting educational excellence. WEBCAM Mekies said that it appears the City is not interested in pursuing adding a webcam to their website. A webcam can be an important public relations tool for the city in reaching out to former residents or people interested in visiting Iowa City. NEW BUSINESS Mekies suggested that Commissioners think about holding a retreat to discuss goals and what the Commission might like to accomplish over the next few years. A retreat may take around three hours. Weatherson said a retreat would be beneficial to the Commission. One area for exploration is how to better communicate with the City Council. ADJOURNMENT Weatherson moved and Hagen seconded a motion to adjourn. The motion passed unanimously. Adjoumment was at 6:42 p.m. Respectfully submitted, Drew Shaffer Cable TV Administrator TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD 01/01/03 to CURRENT Meeting Date Kimberly Saul Meikes Brett Castillo T errv Smith Jim Pusaek Thrower 6/2/03 x ~ x x x 7/28/03 x x x x x 8/25/03 x x x x ole 9/22/03 x x x x ole 10/27/03 x x x x ole 11/24/03 x x ole x x 12/15/03 ole ole x x x 1/2/04 x ole x x x 1/26/04 x x x x x 2/23/04 x ole x ole x 3/22/04 x x x x x 4/ 26/04 x x x x O/C 5/24/04 x x O/C x x 6/28/04 x x x ole x 7/26/04 ole x x x x 8/26/04 did not meet did not meet did not meet did not meet did not meet 9/27/04 X X X X X 10/25/04 X X 11/04 Did not meet Did not meet Did not meet Did not meet Did not meet ~ ~ ~ ~ ~ 12/20/04 1/24105 X X X X X 2/28/05 X X X X Ga~ Hanen 3/8/05 X X X X X 3/25/05 X 0 X X X 4/25/05 x ole X X X 5/23/05 X 0 x vacancv X James ~ ~ Bebe x Ehrmann Balantvne 6/27/05 X x X X X x Michael Chritians 7/25/05 0 X X X X 9/26/05 0 X X 0 X 10/31105 X X ole X X 11/28/05 X X X X X 1/23/06 ole X X 0 X 2.27/06 X X X 0 X 3/27/06 ole ~ ~ John X Weaterson X 4/24/06 X X X X X 5/22/06 0 x xfo 0 X 6/26/06 0 X Vacant 0 X Nick Parker 7/24/06 x x x x c:L MINUTES Youth Advisory Commission August 14,2006 - 6:30 pm Harvat Hall, City Hall FINAL Call to Order: Meeting called to order at 6:35 P.M. Members Present: Kamps, Keranen, Nelson, Subramanian, Ziegenhorn Members Absent: Bleam, Stubbers Others Present: City Council Liaison Correia, City Clerk Karr Recommendations to Council (effective onlv after separate Council action) None. Approve Minutes Moved by Subramanian, seconded by Kamps, to approve the minutes from the meeting of July 10. Motion carried unanimously, 5-0. Election of Officers Karr said that By-laws have been approved by the City Council and official positions could be filled. Keranen stated that she would like to become chair; Subramanian moved for the election of Keranen to this post and was seconded by Nelson. Motion was carried unanimously, 5-0. Subramanian moved to nominate herselfto the position of Vice-Chair, Keranen seconded. Motion was carried unanimously, 5-0. Karr briefly explained the duties of a Vice-Chair and Secretary. The Vice-Chair fills in for the Chair in his/her absence and the Secretary would be in charge of the minutes. Subramanian nominated Ziegenhorn to be Secretary, Keranen seconded, motion was carried unanimously, 5-0. Development of Lo!!o Nametag and/or button, and t-shirt: Karr stated that she had grouped the nametag and t-shirt possibilities together because she was under the impression that the commission wanted a singular logo to represent the group. Karr also said that she had included additional options. Keranen stated that she felt including the city's logo was more professional and that she liked the sixth option, but not the fourth. Subramanian disliked the fifth option because of its childish look, yet Ziegenhorn felt partial to this logo because the 'Youth Advisory Commission' was obviously separate from the 'City ofIowa City.' Keranen stated that she liked option number one and Ziegenhorn agreed. The group as a whole stated that they disliked the all capitals font because it felt too harsh. Keranen Youth Advisory Commission August 14,2006 Page 2 suggested getting rid of any logos that the group was sure they disliked. Subramanian suggested option three. Four, five, and six were then eliminated. Subramanian and Ziegenhorn said they disliked two. The remaining logos were then option two of the first submission and option one ofthe second submission. Subramanian said she would like to have a nametag and a shirt because the nametag could be worn at formal events when a polo shirt could not. Kamps said she thought the second option was more timeless and this was decided to be the logo. It was then decided that the group would have mock-ups of a nametag presented at the next meeting showing different ways that the first and last name could be presented on a nametag. Following this it was decided that a light blue, short sleeved, three-button polo shirt without names, but with the (navy) logo would be used. Discussion of website Karr said that a request form needed to filled out and submitted to the City Webmaster. She suggested a subcommittee be formed to meet with Webmaster and communicate to the commission. Nelson and Kamps both expressed interest in being members of the subcommittee. The request form was then filled out. It was decided that the website was a time sensitive issue and that the goal was to have the website up and running (in some form) by October 31. Keranen said she thought the web site should showcase what Y AC does and should have a place for the sharing of ideas among teens. Correia suggested that it should be a place where local city, school, or youth events should be posted on a community calendar. Keranen said she would like to see specialized pages on each event that the group had worked on posted on the website. Nelson suggested that the mission statement and the goals of the group should be expressed. Kamps also expressed wanting a page containing biographical material about the commissioners. A question on the expiration of current members terms lead to the decision that applications and openings for the Commission should be posted on the site. In further addressing the application, it was decided that the site would benefit division operations (parks & rec, transit) and citizens. Karr suggested that, after approval of the application, the subcommittee of Nelson and Kamps get started working on the web site with the web-master and report back at the next meeting. Public Discussion None. Announcements! Invitations Correia discussed what had happened at the last meeting with Katie Roche, who organizes Summer of the Arts. Correia summarized the sponsorship of a Global Village Tent at the Arts Fest and a youth panel of judges for a youth film fest. Keranen said that Roche had also talked about the collection of youth videos for an extremely extensive film library. Correia continued her discussion by mentioning the need of general volunteers to help run Summer ofthe Arts, and suggested that the Summer of the Arts be a topic on the next meetings agenda and that the commission should decide what level they would be involved. Correia and Karr agreed that Roche should drop of Youth Advisory Commission August 14,2006 Page 3 informational packets on the required level of involvement for different Summer of the Arts activities. Karr brought up a letter that the Chamber of Commerce had sent, asking if they could come and speak to the group. It was decided that Nancy Quellhorst would be invited to the next meeting to speak with the commission. Correia discussed the Iowa City Human Rights Commission and the Youth awards that they give. She said that there was a possible connection between the two commissions and that Youth Advisory could volunteer to work with Human Rights in exploring ways to overlap the two groups. Correia also suggested that the Youth Advisory commission could be involved with the Citizenship Award presented by the Mayor at formal Council meetings. Karr moved onto discussing the next meeting dates. She thought that it would be good to have meetings on a regularly scheduled date, such as the first Thursday of every month. Ziegenhorn and Keranen both spoke against Thursdays because ofthe obstacle of the Cross Country season. Karr said that City Council meetings (regularly scheduled for Tuesday) were also obstacles and until further notice, the commission decided that meetings would be held on the first Wednesday of every month at 7:00 p.m. Ifthis time becomes too difficult it can be moved back to 7:15 or 7:30. The next meeting was declared to be on September 6th at 7:00 p.m. Ziegenhorn brought up a possible volunteer opportunity for the group. She said she would bring more information the next meeting but that event would be a charity run/walk sponsored by City High Cross Country and would take place on November 11. Commission scheduled discussion of the late night bus service to the agenda for the next meeting and invited UISG Rep to the Council (Austin Baeth) to the next meeting. Moved by Kamps to adjourn, seconded by Subramanian, motion passed unanimously, 5- 0, meeting adjourned at 7:45 p.m. Minutes prepared and submitted by Ziegenhorn ATTENDANCE RECORD YEAR 2006 (Meetinl! Date) TERM 3/23 3/30 4/13 4/20 5/25 6/14 7/10 8/14 NAME EXP. Audrey 12/31/07 X X X X X X X X Keranen Sarah 12/31/07 X X X OlE OlE X X X Zie2enhorn Subha 12/31/06 X X X X X X OlE X Subramanian Elyse 12/31/06 OlE X X X X X OlE X Abboud Kamps Maison 12/31/07 X X X OlE OlE OlE 0 OlE Bleam Jacqueline 12/31/07 X x X X X X X OlE Stubbers Michael 12/31/06 X X X X X X OlE X , , Nelson I KEY: X = Present o = Absent OlE = Absent/Excused I NM = No meeting -- = Not a Member I I I , , I rnL MINUTES IOWA CITY PUBLIC ART ADVISORY COMMITTEE THURSDAY, AUGUST 3, 2006 LOBBY CONFERENCE ROOM, CITY HALL APPROVED Members Present: Emily Carter-Walsh, Charles Felling, Rick Fosse (arrived at 3:45), Emily Martin, Mark Seabold, Terry Trueblood, DaLayne Williamson, Members Absent: NONE Staff Present: Karin Franklin, Marcia Klingaman Others Present: NONE CALL TO ORDER Seabold called the meeting to order at 3:35 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA NONE RECOMMENDATIONS TO COUNCIL That the Call to Artists for the Grand Avenue Roundabout Project be approved; 7-0. To purchase for $3,000 the sculpture Love is Strange; 7-0. CONSIDERATION OF THE MINUTES OF THE JULY 6. 2006 MEETING MOTION: Felling moved to accept the minutes as submitted. Martin seconded the motion. The motion passed 6:0. CONSIDERATION OF A CALL FOR ARTISTS FOR THE GRAND AVENUE ROUNDABOUT PROJECT Franklin said that she made some changes to the call for artist invitation based on the concerns raised at the last meeting. She mentioned that she changed the document to read sculpture or sculptures. Illumination, if proposed, should be shielded or downcast to avoid glare to motorists. Kinetic sculptures and water sculptures will not be accepted. Artist must be able to collaborate with the City's engineering design consultant, City staff, University of Iowa representatives and neighborhood representatives. Materials and design must be durable and vandal resistant. Total budget for the project will be determined by the quality of the proposal. A meritorious and desirable proposal may require fundraising by the City if the total cost of the project exceeds funds available. She noted that the work should be available for installation no later than July 15, 2007. Franklin said that submitted materials will be reviewed by the Public Art Advisory Committee in collaboration with representatives of the Melrose Neighborhood Association, the University of Iowa, and the University of Iowa Hospitals and Clinics. A recommendation of a selected artist will be made to the City Council. Final selection of the artist is made by the City Council. Iowa City Public Art Advisory Committee Minutes August 3, 2006 Page 2 Franklin said the City Council had a discussion abound the Roundabout project on Monday during the work session. She noted there was a lot of discussion with regard to pedestrian and bicycle access. In addition, the University of Iowa will present their future goals for the area, and after that the council would have to reach a conclusion of supporting the project or not. Franklin added that the roundabout is 51 feet in diameter with a 28-foot diameter center within which the sculpture would be sited. Encompassing the center is a 10 foot mountable apron of grey stamped Portland cementitous concrete. MOTION: Martin moved to recommend to the City Council approval of the Roundabout project. Seabold seconded the motion. Fosse proposed an addition to the sculpture's parameters saying that the design of the roundabout should discourage the use of the roundabout as a pedestrian refuge. The motion passed 7:0. DISCUSSION OF REQUEST BY ARTIST TO ACQUIRE LOVE IS STRANGE Klingaman presented pictures of the sculpture. Fosse said that the sculpture is not durable long term, but that the deterioration may not be apparent for a few years. Seabold said that once the deterioration starts the water will get in and accelerate the destruction. Seabold said that the artist had added a chemical for concrete protection; however the artist mentioned possible deterioration in time. Martin said that it would be unreasonable to ask for a warranty since the artist noted the possible deterioration of the sculpture. Martin said the artist is asking for $3,000 for the statue which would be a reasonable investment. Franklin said the committee should distinguish why they would advise purchasing this sculpture vs. others in the Sculptors' Showcase program; she indicated her expectation the group will have similar requests with each installation. Seabold said that Love is Strange fits great at its current location. Martin said that a reason for purchasing would be the fact that the sculpture was not installed on one of the Sculptors' Showcase pads as originally planned and therefore will not preclude this program by its purchase. Felling said that it also represents an emphasis of the Art in the Park project, even if it was placed in a park by default. MOTION: Martin moved to purchase the Love is Strange sculpture because it suits its location, allows the placement of art in parks, and does not preclude continuance of the Sculptors' Showcase. Trueblood seconded the motion. Motion passed 7:0. DISCUSSION OF DEDICATIONS FOR JUST FOR KICKS. BIRDS IN FLIGHT. AND THE WETHERBY SHELTER Klingaman said that all components for the Wetherby Shelter are completed and the finished product should be installed within a month. Trueblood said the Parks and Recreation Iowa City Public Art Advisory Committee Minutes August 3, 2006 Page 3 Commission has a park tour scheduled for September 13th He noted that Just for Kicks, Birds in Flight, and the Wetherby Shelter are possible items on the itinerary. Answering a question posed by Franklin, Trueblood said that it would be logistically hard to have the dedications and the park tour coincide. Seabold would represent the Public Art Advisory Committee on the Park tour. Trueblood said that it would be nice to have the dedication of Just for Kicks when the soccer games begin and hundreds of people are in the soccer park. Klingaman said that the dedication of Wetherby could be during the celebration of diversity neighborhood celebration. Franklin said that Birds in Flight dedication could be made in conjunction with Public Art Advisory Committee meeting on September 7. REPORT ON AMERICA FOR THE ARTS PRE-CONFERENCE Klingaman said she participated at the America for the Arts pre-conference in Milwaukee. She brought informative materials from the conference with regard to public art projects and noted there was a real emphasis on art in architecture. Klingaman said that Elisabeth Diller, a speaker at the conference, designed a very interesting building that could change as years go by. She said they design buildings that allow easy change of electronic components as technology progresses. Klingaman said Diller worked on an ever-changing art project titled The Wall. She noted the wall involved a drill mechanism set up that would move randomly and drill holes; by the end there will be a hole in the wall and a view of the room next door. Klingaman said that in the San-Francisco bay area there is a building that has an outdoor digital screen that shows what's happening inside the building; people working, etc. Klingaman discussed the River Walk in Milwaukee which had a series of sculptures along the walk. She also talked about the Art in transit program and presented pictures of such projects. COMMITTEE TIME/UPDATES Trueblood said he received information materials regarding the Shakespeare bench sculpture by Gary Lee Price. He presented pictures of the sculpture for the committee's consideration. He noted the price is approximately $49,000 plus $3,000 shipping. He added that there might be additional sources for funding parts of the project if the Committee is interested in going forward with it. Martin said that the group is interested in learning more details about the project. Williamson said the sculpture looks very well done and very detailed. Carter-Walsh said that it is very inviting to sit down and take a picture. Klingaman said that on August 15 at 4pm the Grant Wood new gymnasium is housing the Community Development week celebration. She added that she will make a presentation of public art projects undertaken in the area and invited everyone to attend. ADJOURNMENT The meeting adjourned at 4:48 PM. I I I I I I I I I Public Art Advisory Committee I I , Attendance Record I I 2006 I ! I I Term I I Name Expires 1/05 2/2 3/2 4/6 6/1 7/6 8/3 I Emilv Carter Walsh 01/01/08 OlE X OlE X X OlE X I Charles Fellin!! 01/01/09 X X X X X X X DaLavne Williamson 01/01/09 X X X X X X X I Emilv Martin 01/01/08 X OlE X X OlE X X Mark Seabold 01/01/07 X X X X X X X I Rick Fosse X X OlE X X X X I Terry Trueblood X X X X X OlE X i i I Key: I X = Present 0 = Absent OlE = AbsentlExcused I slpcdlminfpu bartlOs.o3-QS.doc i , I I I I I I I I i 1';, c:: MINUTES PLANNING AND ZONING COMMISSION EMMA J. HARVAT HALL AUGUST 17, 2006 APPROVED MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Bob Brooks, Wally Plahutnik, Beth Koppes, Terry Smith MEMBERS EXCUSED: Dean Shannon STAFF PRESENT: Robert Miklo, Sarah Holecek, Drew Westberg (Planning Intern) OTHERS PRESENT: John Moreland, Florence Stockman, David Noise, Kevin Digmann, Dave Ricketts, G.T. Karr RECOMMENDATIONS TO CITY COUNCIL: Recommended approval, by a vote of 6-0 (Shannon absent), SUB06-00010, a final plat of Silvercrest Residential Community Part 3, a 7-lot, 12.17-acre residential subdivision located south of American Legion Road and east of Scott Boulevard subject to Staff approval of legal papers and construction plans prior to consideration by City Council. Recommended approval, by a vote of 6-0 (Shannon absent), REZ06-00022, a rezoning of approximately 49.05-acres of land located south of Lower West Branch Road, north of Court Street from Low Density Single Family Residential (RS-5) zone to Planned Development Overlay - Low Density Single Family Residential (OPD-5) zone and SUB06-00013, a preliminary plat and sensitive areas development plan for Stone Bridge Estates Parts 5-9 and Resubdivision of Outiot C of Part Four, a 139-lot, approximately 49.05-acre residential subdivision subject to resolution of the discrepancies pertaining to drainage of hydric soil and the required minimum 60-foot lot width . Recommended approval, by a vote of 5-1 (Plahutnik voting no, Shannon absent), an amendment to the Comprehensive Plan by amending the Near Southside Design Plan on page 23 to strike the sentence "CB-5 would remain the preferred zoning is this district." and replace it with, "Either CB-5 or CB-1O zoning are appropriate between Court and Burlington Streets, based on the property providing a logical extension of the downtown and adequate services for the density proposed." Recommended approval, by a vote of 6-0 (Shannon absent), REZ06-00015NAC06-00005, a rezoning of 1.12-acres of property located at 314 & 328 South Clinton Street from Central Business Support (CB-5) zone to Central Business (CB-10) zone and the vacation of the eastlwest alley in block 102 to allow its relocation subject to a Conditional Zoning Agreement addressing the following conditions: . A requirement for a minimum of one floor of commercial development above the ground floor. . A minimum of 80 residential parking spaces to be provided below grade. . Payment of parking impact fees for residential units for which on-site parking is not provided based on the CB-5 residential parking requirements. . The property shall contain a maximum of 200 residential units with a mix of studio or 1, 2, or 3-bedroom units. . No more than 30% of the residential units shall contain 3 bedrooms. . The building shall be a minimum height of 7 stories. . There shall be a 10-foot building setback from the Burlington Street right-of-way. . Right-of-way shall be dedicated to the City to provide public alley circulation through Block 102 as determined adequate by the City. . A plan for landscaping of the court yard area will be prepared by the applicant and approved by the Design Review Committee. The plan shall include a central feature such as a fountain, reflecting pool or public art element, public seating areas, landscaping beds or large planters. A minimum of 50% of the paving surface shall consist of decorative materials such as clay, concrete or stone pavers. The court yard shall be screened from the service area. . Design Review Committee approvai will be required for the final design of the building based on the criteria listed in the Staff Report. Planning and Zoning Commission August 17, 2006 Page 2 of 10 Recommended approval, by a vote of 6-0 (Shannon absent), CU06-00002, that Council forward a letter to the Johnson County Board of Adjustment recommending that the application by GT Karr for a conditional use permit to aliow a home improvement business, be approved subject to the term of the permit being tied to the ownership of the property by the applicant. Recommended approval, by a vote of 6-0 (Shannon absent), CZ06-00002, that Council forward a letter to the Johnson County Board of Supervisors recommending that the application by Robert Wolf to rezone 0.56-acres of property from Residential (R) to Manufactured Residentiai Housing (RMH) be approved subject to the property being used only for a storm shelter, associated parking and open space. CALL TO ORDER: Brooks calied the meeting to order at 7:30 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. DEVELOPMENT ITEMS: SUB06-00010, discussion of an application submitted by Dial Corporation for a final plat of Silvercrest Residential Community Part 3, a 7-lot, 12.17-acre residential subdivision located south of American Legion Road and east of Scott Boulevard. Miklo said this was the final plat; the zoning had been in place for years but had recently been amended to adjust the mix of housing types on the property. The property was now being subdivided into 7 individual residential lots which would contain a mix of housing types including a 58-unit apartment building, a 27-unit building, an existing 24-unit building and eight duplex style units on the southern portion of the property as weli as a detention basin. Staff recommended approval subject to staff approval of legal papers and construction drawings prior to consideration by City Council. Public discussion was opened. There was none. Public discussion was ciosed. Motion: Smith made a motion to approve SUB06-00010, a final plat of Silvercrest Residential Community Part 3, a 7-lot, 12.17-acre residential subdivision located south of American Legion Road and east of Scott Boulevard subject to Staff approval of legal papers and construction plans prior to consideration by City Council. Eastham seconded the motion. The motion passed on a vote of 6-0 (Shannon absent). REZ06-00022/SUB06-00013, discussion of an application submitted by Arlington Development for a rezoning of approximately 49.05-acres of land located south of Lower West Branch Road, north of Court Street from Low Density Single Family Residential (RS-5) zone to Planned Development Overlay - Low Density Single Family Residential (OPD-5) zone and a preliminary plat and sensitive areas development plan for Stone Bridge Estates Parts 5-9 and Resubdivision of Outlot C of Part Four, a 139-lot, approximately 49.05-acre residential subdivision. Miklo said this property had some terraces on it which had been created when the property was still being farmed. Some of the terraces resulted in slopes of greater than 25%. As part of the platting process those slopes would be graded and eliminated, therefore the Sensitive Areas Ordinance required a overlay rezoning. The intent of the SAO was to control grading of naturaliy occurring slopes and wooden ravines, because these terraces had been created for terrace farming Staff did not see this as an issue of concern. The plat subdivided the property into individual lots which included Parts 5, 6, 7, 6, 9; the development could be built in individual phases. Eventualiy there would be access to Court Street, Lower West Branch Road, the existing Stonebridge Estates subdivision and Taft Avenue. AIi lots would be zoned RS-5. Planning and Zoning Commission August 17, 2006 Page 3 of 10 Open space would be provided in the northeast portion of the property adjacent to the historic stone bridge which would become a public park to be maintained by the City. The City's goal was to obtain property on the other side as well so the bridge could be used as a trail. The series of out lots adjacent to the creek would be privately owned and maintained by the homeowner's association; there wouid be a public trail access easement over the outlots which would allow them to be part of the larger trail network in that neighborhood. A number of lots would be double-fronting which was discouraged in the Comprehensive Plan and the subdivision regulations. To address that concern, the lots would be buffered with evergreen plantings and either open space or a greater lot depth. Two items still needed to be resolved: . Whether all of the lots met the required 60-foot frontage at the building line. This issue related to the lots which had a curve at the front. At the street they could be narrower than 60- feet which was permitted by the Code because the side lot lines were on a radius. By the time the side lot lines met the building setback the lots were supposed to be 60-feet wide to meet the minimum frontage requirement. In a few locations it was not clear that that was the case, discrepancies needed to be resolved. . Drainage of some of the hydric soils. The hydric soils were located near the creek. The Public Works Office had requested some standard language be included regarding drainage of streets and basements in that area; that notation was missing from the piat. Miklo said Staff recommended approval of the application subject to the resolution of those two issues prior to consideration by City Council. If the lot width issue required a re-design, the item would need to be reviewed by the Commission again. Freerks asked who would be responsible for the management of the trees on the double-fronting lots. Miklo said for trees located on privately owned lots they would be the responsibility of the individual lot owner and for trees located on an outlot they would be the responsibility of the homeowners association. That would be noted on the legal papers at the time of the final plat. Public discussion was opened. John Moreland, Arlington Development, said they did not have any issues with the hydric soils issue. They did disagree with Staffs interpretation of the 60-foot frontage issue at the building line. The new Code allowed a 15-foot setback. When they had first started this project they had had a 20-foot setback. Because some of the garages were in front of the houses, the Zoning Code had been changed to require a 25-foot setback when the garage was in front of a unit. Arlington Development had changed their plans from 20-foot to 25-foot now to 15-feet with the newest Code. Moreland said as owners, they preferred to keep the entire development in a similar order to keep it looking right and keep values up. As the developer, he proposed that they would not do anything unless it would be 25-feet back, to have structures at 15-feet and at 25-feet made people angry and hurt property values. Moreland said he'd met with Staff 4 or 5 times during the past 6 or 7 months to get to this point; they'd not just begun to talk. The proposal had been changed 4 or 5 times to try to meet Staffs requirements. They were at the point of moving dirt and wished to have a vote yet that evening. Moreland requested Staff's approval that in the subdivider's agreement it would require all houses to be set back 25-feet eliminating the problem and they would all be 60-feet at the building line. Miklo said the Zoning Code required a minimum 15-feet back from the street property line and the minimum lot width had to be 60-feet wide at the minimum setback line regardless of where the garage was placed. The lot width is measured at 15-feet back from the street. That was not something that the Staff or the Commission could waive. Moreland said the engineers he was working with felt the Code could be interpreted in a number of ways, not just as Staff interpreted it. They had changed their proposal a number of times to comply with Staffs subjective interpretations of the Zoning Code. The Code had many items which were entirely up to Staffs subjective interpretation. They'd started out with 157-lots and now they were down to 139-lots, they were willing to put their name on the line in a subdivider's agreement that no building would occur at 15-feet. Planning and Zoning Commission August 17, 2006 Page 4 of 10 Sarah said a subdivider's agreement handled infrastructure issues which were usually outside of the Zoning Code. If there was a Zoning Code requirement, it could not be waived or otherwise modified through a subdivision agreement. Miklo said there were two different issues being discussed: 1) lot width and 2) front setback. The front setback was not an issue and was not in question. The minimum lot width of 60-feet, at the building line which was measured at 15-feet back from the street, was at issue. Estham asked if the minimum lot width was an issue, could the developer request to have the zoning request be changed to a planned development zone? Miklo said the OPD process would allow waiver of certain zoning requirements but would require some rational for doing it. Florence Stockman, 132 Ebersol Lane, said she' spoken before the Commission before in support of the proposed parl<. They were very pleased that Moreland had given another lot to the park so it would be a good sized park, about the trail and the negotiations that would hopefully bring additional land to the park. She'd spoken with the Parks and Recreation Department to make sure they were aware of the neighbor's interest and appreciation as well. Stockman said there currently was no homeowner's association in Stonebridge Parts 1-4; was a homeowners association being created for lots 5-9? Miklo said that was correct. David Noise, 4440 E. Court Street, said the front of his house looked out on two of the lots. He asked why the outlot for open space didn't continue on over to the existing townhouses on Court Street. He'd prefer to have the open space continue through; there was only a 7-foot setback from the edge of his house to the back of the new lots which didn't seem like very much Miklo said the open space/setback was required because some lots were double fronting lots which was discouraged by the subdivision regulations and the Comprehensive Plan. The parts of the lots which would be the backs of people's houses would have evergreen screening for privacy and a buffer from the arterial street. The townhouse units were not double fronting units. The corner lot would have a landscape buffer on it. Public discussion was closed. Miklo read from two sections of the Code regarding lot width, "The length of the front setback line" and "The front setback line is defined as a line drawn parallel to the street as far back from the street as specified for the principle building front setback." Miklo said in this case in an RS-5 zone, at 15-feet back, the minimum lot width of 60-feet needed to be met. The definition of and how the setback line was measured did not change with the newest revisions to the Zoning Code; what had changed was the dimension of 15-feet versus 20-feet. Freerks asked if the item was deferred, did Staff feel that the issue could be resolved by the next meetin9? Miklo said he believed so, although staff had twice asked the consulting engineer for this application to clarify the lot width on the plat and they had not done so to date. Motion: Freerks made a motion to defer REZ06-00022/SUB06-00013. Koppes seconded the motion. The motion failed on a vote of 2 (Freerks, Koppes) to 4{ Eastham, Brooks, Plahutnik, Smith) Motion: PJahutnik made a motion to approve REZ06-000221SUB06-00013, a rezoning of approximately 49.05-acres of land from Low Density Single Family Residential (RS-5) zone to Planned Development Overlay - Low Density Sin91e Family Residential (OPD-5) zone and a preliminary plat and sensitive areas development plan for Stone Bridge Estates Parts 5-9 and Re-subdivision of Outlot C of Part Four, a 139-lot, approximately 49.05-acre residential subdivision subject to the resolution of the 60-foot lot width issue and drainage of hydric soils issue prior to consideration by City Council Smith seconded. Freerks said she would not vote against the Item but at this point they were still within the 45-day limitation period. It would be her preference to take a good look at the items and send a clear issue to the City Council. Koppes said historically the Commission had always been comfortable with their vote when they'd voted and if they needed to defer a vote they deferred it. She didn't see why they were rushing through this item when they Planning and Zoning Commission August 17, 2006 Page 5 of 10 were within the 45-day iimitation period. She did not wish to rush this item through either but it seemed like a good development so she would support it. Brooks said he felt it was a good development. It was frustrating to him that something that seemed perfectly clear to him was a problem for the consultants to interpret properly and when asked to rectify it, they did not seem to be forthcoming. Eastham said he appreciated Koppes and Freerks alternative way of proceeding; he was comfortable with doing it this way also. The motion passed on a vote of 6-0 (Shannon absent). COMPREHENSIVE PLAN ITEM: Discussion of an amendment to the Comprehensive Plan by amending the Near Southside Design Plan to consider Central Business (CB-10) zoning south of Burlington Street. Miklo said the Comprehensive Plan included the Near Southside Design Plan which provided guidance for the development of the area south of Burlington Street, generally west of Gilbert to the railroad tracks and over to the Iowa River. The Plan divided the area into sub-districts including the downtown extension. Specific language in the Plan said appropriate zoning for the extension area was CB-5, Central Business Support Zone. Staff were currently reviewing several request for rezoning to CB-10 in this area, if those were to be approved an amendment to the Comprehensive Plan would be required. Staff believed that there was merit to considering CB-10 zoning and it would be appropriate in certain areas provided issues such as parking and a linkage to the downtown area were addressed. Benefits could include providing an alternative location to the historic core of downtown for high-rise development, encouraging a mix of housing types that had not typically been seen in that area before and encouraging a housing type that didn't necessarily cater to student housing. Miklo said Staff recommended approval of an amendment to the Comprehensive Plan to consider CB-1 0 zoning in the area between Court and Burlington Streets based on the property providing a logical extension of the downtown and adequate services for the density proposed. Public discussion was opened. Kevin DiClmann, Hieronymus Square Associates, said they'd been meeting with Staff and had been before the Commission on several occasions regarding their proposal. They were requesting the Commission's recommendation to amend the Comprehensive Plan by amending the Near Southside Design Plan in order to allow their project to proceed. Dave Ricketts, University of Iowa, asked if this amendment would cover the entire region of Madison to Gilbert Street or would it be limited as to how far west it went. Miklo said it would not automatically confer the status of CB-10 zoning but would cover the area of Madison to Gilbert Street. Each rezoning would be reviewed on a case-by-case basis. Public discussion was closed. Motion: Freerks made a motion to amend the Comprehensive Plan by amending the Near Southside Design Plan on page 23, striking the sentence "CB-5 would remain the preferred zoning is this district." and replacing it with, "Either CB-5 or CB-10 zoning are appropriate between Court and Burlington Streets, based on the property providing a iogical extension of the downtown and adequate services for the density proposed." Smith seconded the motion. The motion passed on a vote of 5-1 (Plahutnik voting no, Shannon absent). REZONING ITEM: REZ06-00015NAC06-00005, discussion of an application submitted by Hieronymus Square Associates for a rezoning of 1.12-acres of property located at 314 & 328 South Clinton Street from Central Business Support Planning and Zoning Commission August 17, 2006 Page 6 of 10 (CB-5) zone to Central Business (CB-10) zone and the vacation of the easllwest alley in block 102 to allow its relocation. Miklo said this item had been discussed at length at two previous Commission meetings. Staff recommended approval of the rezoning subject to a number of conditions which had been discussed with the applicant. The conditions were to address the issue of why the Comprehensive Plan was being amended, which included encouraging a mix of different housing in that area, to assure that appropriate services such as parking would be addressed in that area, carrying on the feel and quality of the downtown in that area, and to address other language in the Comprehensive Plan which indicated that this area was to be an extension of the downtown. Recommended conditions included: A requirement for a minimum of one floor in addition to the ground floor of commercial development to encourage a mix of building uses and not just a residential building. A minimum of 80 residential parking spaces to be provided below grade to partially address the demand for parking created by this project. Payment of a parking impact fee for residential units for which on-site parking is not provided based on CB-5 residential parking requirements to address the need to meet the demand for parking that the increase in development would create above and beyond the existing CB-s zone. The property shall contain a maximum of 200 residential units with a mix of 1, 2 or 3-bedroom units. The concept plan currently proposed approximately 160 units, this would allow some flexibility. The mix of bedroom units was to encourage something that was not seen in the 4 & S bedroom units in the CB-S zone and housing types different than that geared to the student housing market. No more than 30% of the residential units shall contain 3 bedrooms. To address the concerns listed above. The building shall be a minimum height of 7 stories to address a structure that would not necessarily occur in the CB-s zone and to ensure that the proposed structure would be a high-rise building. A 10-foot building setback from the Burlington Street right-of-way. This 10-foot in combination with the existing 10-foot right-of-way would allow for 20-feet between the curb and the building fa~ade. The applicant had indicated to Staff that their balconies would be set-back so Staff felt there was not a need to address that concern in the CZA language. Dedication of right-of-way or easement to the City to provide alley circulation through Block 102. Once the final design is worked out a re-dedication and final location of the alley will occur. A plan for landscaping of the courl yard open area will be prepared by the applicant and approved by the Design Review Committee. The Design Review Commit/ee will have final review of the building design to assure its capability with the downtown concepts and themes. Miklo said Staff recommended approval of REZ06-0001SNAC06-0000s. Brooks asked how studio apartments would fall into the bedroom classification. Miklo said they would be considered one bedroom units. The language in the CZA could be clarified to include studio apartments. Brooks asked if the northlsouth alley would also have to be vacated. Miklo said no, the City would retain that alley because it also served the Rebel Plaza property to the south and it would be necessary to provide public circulation to the area. Kevin DiQmann, Hieronymus Square Associates. Smith asked Digmann if the applicant supported the conditions of the CZA. Digmann said yes, it had been a give and take process to get it this far. They wanted to keep the process moving and appreciated Staffs and the Commission's support. It would probably be a better Planning and Zoning Commission August 17, 2006 Page 7 of 10 building because of some of the things that had been recommended and in the long term would be a great asset for Iowa City. Public discussion was opened. There was none. Public discussion was closed. Motion: Smith made a motion to approve REZ06-00015NAC06-00005, a rezoning of 1.12-acres of property located at 314 & 328 South Clinton Street from Central Business Support (CB-5) zone to Central Business (CB-10) zone and the vacation of the east/west alley in block 102 to allow its relocation subject to a Conditional Zoning Agreement with the conditions as listed in the 8/11/06 Staff Report with two amendments: . the inclusion of studio apartments in the mix of bedroom units . wording change of horizontal to vertical in the first condition of the Design Review Committee criteria Koppes seconded the motion. Freerks said she was excited about the project. There had been a lot of give and take on all sides. Brooks thanked the applicants for their cooperative nature for working with Staff and the Commission. He felt one of the biggest and more important concessions had been the additional setback on Burlington Street which would go a long way toward improving the Burlington Street Corridor. He hoped the same type of cooperation would be seen from other developers along the Burlington Street corridor. Eastham said it had given him the opportunity to think about what the Burlington Street Corridor could look like and also to look at different ways of handling residential parking in the downtown area. The motion passed on a vote of 6-0 (Shannon absent). REZ06-00017. discussion of an application submitted by Pentacrest Garden Apartments for a rezoning of 3.41-acres of property iocated at 12 East Court Street from High Density Multi-Family Residential (RM-44) zone to Central Business (CB-10) zone. REZ06-00018, discussion of an application submitted by University View Partners for a rezoning of .08-acres of property located at 22 East Court Street from Central Business Support (CB-5) zone to Central Business (CB-10) zone REZ06-00019, discussion of an application submitted by University View Partners for a rezoning of .17-acres of property located at 335 South Clinton Street from Central Business Support (CB-5) zone to Central Business (CB-1 0) zone. REZ06-00020, discussion of an application submitted by Center City Partners for a rezoning of .33-acres of property located at 336 South Clinton Street from Central Business Support (CB-5) zone to Central Business (CB-10) zone. Miklo said the applicant had requested that items REZ06-00017 through REZ06-00020 be deferred until the Commission's second meeting in September. The applicant had indicated the date of 9/19/06, Miklo would confirm that he applicant meant 9/21/06. Public discussion was opened. Dave Ricketts, U of I, asked for a clarification as to what the process would be for rezoning requests. Miklo said applications would be considered on a case-by-case basis. Items the City would consider would include: how would parking be addressed, how would the building be designed to be compatible with the theme of downtown, good pedestrian access, good geographic connections to downtown, quality of street crossings, and to ensure that isolated pockets of high density not related to the rest of downtown would not be created. Staff had advised the applicant that the City wished to see a concept plan, Staff would then analyze the applications based on the concept plans and make a recommendation. Lacking a concept plan, Staff would not make a recommendation to approve rezoning the above properties to CB-1 0 zone. Planning and Zoning Commission August 17, 2006 Page 8 of 10 Public discussion was closed. Motion: Freerks made a motion to defer REZ06-00017 through REZ06-00020 until September 21, 2006. Koppes seconded the motion. The motion passed on a vote of 6-0 (Shannon absent). FRINGE AREA ITEMS: CU06-00002, discussion of an application submilled by GT Karr for a conditional use permit to allow a home improvement business on approximately 3.30 acres of property located at 4396 Taft Avenue Fringe Area B. Westberg said the applicant was requesting an indefinite extension of the current conditional use permit and expansion of the home for both personal and office use. Staff recommended that Council forward a leller to the Johnson County Board of Adjustment recommending that the application by GT Karr for a conditional use permit to allow a home improvement business, be approved subject to the term of the permit being tied to the ownership of the property by the applicant. Public discussion was opened. G. T. Karr, said he was present to answer any questions. Public discussion was closed. Freerks asked if the adjoining property owners had been notified. Westberg said the County had posted signs and would make the notifications. Plahutnik asked if the area became part of the city, would the County issued permit become void. Miklo said the permit would be tied to by the applicant, should the property be sold, a new permit would be required. Motion: Smith made a motion to approve CU06-00002 subject to the term of the permit being tied to the ownership of the property by the applicant. Eastham seconded. Motion passed on a vote of 6-0 (Shannon absent.) CZ06-00002, discussion of an application submitted by Bob Wolf for a rezoning from County Residential (R) zone to County Manufactured Housing Residential (RMH) zone for approximately .58-acres of property located adjacent to the south side of Lake Manor Manufactured Home Park, west of Riverside Drive in Fringe Area C. Westberg said the applicant intended to construct a storm shelter on the rezoned property. Lake Ridge was currently non-conforming in that it did not provide adequate storm shelter per the County Code. Staff felt there was a beller location for a second storm shelter on the northwest portion of the park as it would serve more park residents and would not require rezoning. However this shelter was not a requirement because the existing development was grandfathered in prior to the County requiring a secure shelter. Staff recommended approval of CZ06-00002 subject to the property being used only for a storm shelter, associated parking and open space. Motion: Koppes made a motion to approve CZ06-00002 subject to the property being used only for a storm shelter, associated parking and open space. Freerks seconded. Motion passed on a vote of 6-0 (Shannon absent). OTHER ITEMS: Koppes asked for an update on the businesses damaged by the April tornados. Miklo said that Dairy Queen's sign had been approved by the Board of Adjustment. Professional Muffler had relocated to the Master Muffler Shop just up the street and were considering a retail development for their old property. CONSIDERATION OF 8/3/06 MEETING MINUTES: Planning and Zoning Commission August 17, 2006 Page 9 of 10 Motion: Smith made a motion to approve the minutes as typed and corrected. Eastham seconded. Motion passed on a vote of 6-0 (Shannon absent). ADJOURNMENT: Motion: Smith made a motion to adjourn the meeting at 8:46 pm. Eastham seconded. Motion carried on a vote of 6-0 (Smith absent). Elizabeth Koppes, Secretary Minutes submitted by Candy Barnhill s1pcdlminslp&zl08-17 -06. doc Iowa City Planning & Zoning Commission Attendance Record 2006 FORMAL MEETING Term Name Expires 1/5 1/19 2/2 2/16 3/2 4/6 4/20 5/18 6/1 6/15 7/6 7/20 8/3 8/17 B. Brooks 05/10 X X X X X X X X X OlE X X X X C. Eastham 05/11 -- -- -- -- -- -- -- X X X X X X X A. Freerks 05/08 X X X X X OlE X X X OlE X X X X E. Koooes 05/07 OlE X X X X X X X X X OlE X X X W Plahutnik 05/10 X OlE X X X X X X X X OlE OlE X X D.Shannon 05/08 X X X OlE X X OlE X X X X X X OlE T. Smith 05/06 X X OlE X X X X X X OlE OlE X X X INFORMAL MEETING Term Name Exoires 2/13 2/27 4/17 5/15 7/17 7/31 8/14 B. Brooks 05/10 X X X X X X X C. Eastham 05/11 - -- - - X X X X A. Freerks 05/08 X X X X X X X E. Koooes 05/07 X X X X X X X W Plahutnik 05/10 X X X X OlE OlE OlE D.Shannon 05/08 OlE 0 OlE X X X OlE T. Smith 05/06 X X X OlE X X X I Key: I X = Present I 0 = Absent OlE = AbsenUExcused I ! POLICE CITIZENS REVIEW BOARD MINUTES - August 8, 2006 FINAUAPPROVED c;: CALL TO ORDER: Chair Greg Roth called the meeting to order at 5:35 p.m. MEMBERS PRESENT: Candy Barnhill, Elizabeth Engel, Loren Horton, Michael Larson MEMBERS ABSENT: None STAFF PRESENT: Staff Kellie Tuttle STAFF ABSENT: Legal Counsel Catherine Pugh OTHERS PRESENT: Cap!. Tom Widmer of the ICPD RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #06-02. CONSENT CALENDAR Motion by Engel and seconded by Barnhill to adopt the consent calendar. . Minutes of the meeting on 07/11/06 . ICPD General Order 00-05 (Off-Duty Conduct: Powers of Arrest) . ICPD Use of Force Report - June 2006 Motion carried, 5/0. OLD BUSINESS Meetinq times - Motion by Barnhill and seconded by Larsen to move the meeting time to 5:30 for the next six meetings as a trial period and re-evaluate at that time. Motion carried, 5/0. City Code Section 8-8-6(E) / Policy & Procedure for extension requests - Motion by Barnhill and seconded by Engel to table the discussion until legal counsel is available. Motion carried, 5/0. NEW BUSINESS None. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. PCRB August 8, 2006 Page 2 EXECUTIVE SESSION REGULAR SESSION Motion by Horton and seconded by Larson to adjourn into Executive Session based on Section 21.5(1 )(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government bocjy or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 5/0. Open session adjourned at 5:42 P.M. Returned to open session at 6:34 P.M. Motion by Engel and seconded by Barnhill to forward the Public Report as amended for PCRB Complaint #06-02 to City Council. Motion carried, 5/0. MEETING SCHEDULE . September 12, 2006, 5:30 P.M., Lobby Conference Room - Time Changed . October 10, 2006, 5:30 P.M., Lobby Conference Room ~ Time Changed . November 14, 2006, 5:30 P.M., Lobby Conference Room - Time Changed . December 12, 2006, 5:30 P.M., Lobby Conference Room - Time Changed ADJOURNMENT Horton will not be available for the September meeting. Motion for adjournment by Horton and seconded by Larson. Motion carried, 5/0. Meeting adjourned at 6:37 P.M. POLICE CITIZENS RIEVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319) 356-5041 r--_~ 0 ,--, co ~ Q"' ::> ~:~ ::-;:".. :i> -rWj -.< c: -~ , , ::::::1 ,'--. 0 , . :< ' . , I r-., :'~! , ~, '~u'" <;: \-0 )> (.0 N TO: City Council Complainant Stephen Atkins, City Manager Sam Hargadine, Chief of Police Officer(s) involved in complaint FROM: Police Citizen's Review Board RE: Investigation of PCRB Complaint #06-02 Date: August 8, 2006 This is the Report of the Police Citizens Review. Board's (the "Board") review of the investigation of Complaint PCRB #06-02 (the "Complaint"). Board's Responsibilitv Under the City Code of the City of Iowa City, Section 8-8-7B-(2), the Board's job is to review the Police Chief's Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chief's professional expertise", Section 8-8-7B(2). While the City Code directs the Board to make "Findings of Fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence", are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice or any Federal, State or Local law", Section 8-8-7b(2) a, b, c. Board's Procedure The Complaint was received at the Office of the City Clerk on March 2, 2006. As required by Section 8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was due on May 31, 2006; a 30-day extension was requested on June 1, 2006 and approved by the Board on June 12, 2006. The Chief's Report was filed with the City Clerk on June 27, 2006. The Board met to consider the Chief's Report on July 11, 2006 and August 8, 2006. The Board voted to review the Chief's Report in accordance with Section 8-8-7b(1)(a), "on the record with no additional investigation." FindinQs of Fact The complainant alleges that Iowa City police officers harassed, threatened and intimidated members of his family including himself and that they refused to allow the family to pray for their family member who was an inpatient at the Iowa City Veteran's Affairs Medical Center (VAMC). Interviews were conducted with all officers of the ICPO, VAMC police, VAMC and UIHC medical staff who were involved with this event. The complainant refused to speak with investigators; no positive identification of any family members was made during the event therefore investigators were not able to speak with any family member for investigative 'fact-finding' purposes. The general timeline and facts of the incident are not in dispute by non-family personnel. The father of the complainant was an inpatient at the VAMC. Family members were loud, agitated and created a disruption in the hallway outside the patient's room which disturbed other patients and work staff. The situation escalated and VA officers on scene requested assistance from the ICPO. VAMC police requested ICPO to charge the complainant and family members with criminal trespass. The family attempted to shut the door to patient's room in order to pray. An ICPO officer informed them they could not shut the door but they could pray. The family members continued to be disruptive and threatened officers and staff. Additional ICPO officers were requested. A Sergeant and additional officer arrived on scene. After conferring with a VA police officer, the ICPO Sergeant informed the family that a transfer of the patient to another facility was in process. Officers escorted family members to a waiting area in the lobby. The ICPO Sergeant infQrmed the complainant/family that if they returned to the patient's floor, they would ~chargea: with trespassing. Sergeant dismissed remaining officers and radioed 'clear'. :'E 0 ~: )>-; C -n GJ 1 t 0-< ~:~ C C) .,"./..--.- m~ "....,.1 . ,., ::er> I ' ~----, Bya vote of 4-0 with 1 member absent, the Board set the Level of Review ~~-7@(1)a;--1 believing there to be enough information in the Chief's Report, the relative policyeport~radio traffic report, and interviews with V AMC police and clinical staff to substantiate that no 10'/Y3 City Police Officer did anything inappropriate and that officers treated the family members with respect and acted in a professional manner toward them during the event. Conclusion The Board concludes that the findings of the Chief's Report are supported by substantial evidence; are not unreasonable, arbitrary or capricious; and are consistent with Police Oepartment policy and practice and those of any federal, state or local law. Allegation #1: Intimidation, Harassment, Threats - Not Sustained. No evidence of any intimidation, harassment or threats being made by members of the ICPO was found during the interview process. See Comment section of the Board's report. Allegation #2: Officers refused to allow prayer - Not Sustained. At the request of the VA Officer in charge of the event, ICOP officer(s) did not allow the family to close the door to the patient's room but did inform the family that they could pray. Comment The Board feels that the investigative report compiled by the ICPO investigator(s) and the Chiefs Report is very comprehensive and thorough. It was commented in multiple interview/supplemental reports from VA and UIHC staff that the ICPO officers were very patient and respectful with the family while attempting to de-escalate the situation without use of physical means or arrests. No one observed any ICPO officer do anything disrespectful or inappropriate in action or speech while dealing with the family. Members of the Board felt that it was important to note that the complainant refused to speak with investigators. t'....~ 0 r-'.<) = p----. --Sf) ~ j""; ~-.; c::: -Tl c") 0 -< I'~'- 0 . , r-', --1 / ' . :-......... ;-- "'~ ; ; CT. -...-.... ____ -r-: -,'- ,j O=:-c.: ~~ ,/'. '.D ); W N