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HomeMy WebLinkAbout1994-11-22 Bd Comm minutes ).7:1.~, , ... ~'n~\ .,"-' L' ( i \\ \.> 1 <<.-1' ! I, I, , i " I I I , 'i I , i . . , I I I~>J !(', ~\"J " " :t'. I' _/' ~,[,,"'l' "'~", Ir' ~ I:'fr,lj --"- :'(- 0 ---~ /, ; i ',~ i: ' ' >\!", .> , , '. . {, a,. .___._"'_.._~..,..," ." '"., , '- MINUTES ANIMAL CONTROL ADVISORY BOARD SEPTEMBER 21, 1994 CORALVILLE LIBRARY MEMBERS PRESENT: Jan Ashman, Dennis Cowles, Janice Becker, Diana Lundell MEMBERS ABSENT: Martin Shafer STAFF PRESENT: Lisa C. Goodman- Director Barb Russo- Coralville ACO 1. There were no minutes from the prior meeting due to lack of quorum. 2. Jan Ashman was voted in as board member. 3. Diana Lundell announced the appointment of Marty Shafer to tne board. Marty replaces Allen Axeen. 4. The director reported the open house held at the center facility was a great success, with more than 100 citizens attending to participate in the events of the day. 5. The director discussed changes in federal drug schedule status. A drug status of2 has been applied for so the facility can obtain more humane euthanasia drugs. 6. The director reported on the installation of a wildlife warning reflector system on north Dubuque Street. It is hoped that the system will reduce the incidents of injured and killed wildlife by vehicles traveling through the area. 7. A discussion of new fees and laws was addressed by Lisa Goodman. ~' I D I , ! . ~1~ ' , ',' \ " , a ' /5 ' 60, , -~., - :" .~ -,-' -~- ,,,,-~--),' " ",,"~' ~i" r" ~' .-.~",,, . ~ ,'r' i; ". , "," " ~ ' :' :":t.~,~'!'{' ,0 / ". ';;" . ,I , , .'-Of' ..' ,.,.' " . :: ',.J-';; ,..,. _ ",".'.", I.C."".:.. __.;.."_",,.,~"~'~:.:-.~.~.~,_~.,. .' " " ... . ,.,.~_,_,.-.:., ~_..,~;~......":';'~:... '~"J....-::~'"~;'::,~,...~.1,:;",~,,,,",,;,,.,,J'; ,~.',",. , :';",~,... ,'.' ,\",","'," ~._., ''''''....w___:__....___.._.,. . , She advised that Coralville should attempt to match the license law as soon as possible to avoid confusion to citizens and to maintain consistency between the two cities. Diana Lundell advised she would approach the Coralville City Council. I , I 8. Statistics for the prior two months were distributed. ,I , 9. Officer Russo advised the board that they may want to reevaluate adoption procedures at the center facility to ensure appropriate animals a being put up for adoption. " 10. The meeting closed at approximately 9:30 P.M. D , \ ' I '......':"t .,l; C~'\ \. ~~ ......... "..,"'3 ':'r"~ I ' I , , I " . l I 'I i , .!' I I , , I I [l ~ ~\I", " --' " ff"7'" 'L,__~,_ __--A~!V~,' ' --', '..,..,~,' -,,',',',., ':O)"'i" "",,','.,' '\ "..,~7~1.,.',,'J, ;:",8",0.','", _ __ " :;.' __ ,';:' ,) U.. " .i&{'~ ~~\;!; ') ,~.. J c,~'~ '" ..".... y,;-~ i r. '\ , ' i I ~, , , , I . t ~~ I';, (: ~~ "Wl , \'I~" (.,~;, '~,', ?r-~> , f" " ..... :(-- 0' ~~- ~1"O I ,") " '. . " ...'i .> , .,,,' ., '. \ ~, . ",' .. ',' , , " . . ,."..,__~:.I.. ~"., , ' , " " . __.'-'''_ ,__..__~.__.~,...",.,...,~" '. ,-c-..'. <..., MINUTES IOWA CITY BOARD OF ADJUSTMENT OCTOBER 12, 1994, 1993 - 4:30 P,M, CIVIC CENTER COUNCIL CHAMBERS PRELIMINARY ,,- Subject to Approval :;~ MEMBERS PRESENT: Patricia Eckhardt, Bill Haigh, Tim Lehman, Catherine Johnson, Rich Vogelzang MEMBERS ABSENT: None STAFF PRESENT: Burnside, Rockwell, Denney, Schweitzer OTHERS PRESENT: Philip A. Left, Margaret Lainson, Joseph Sullivan, Terry Ira, Kerry Culver CALL TO ORDER Chairperson Vogelzang called the meeting to order at 4:32 p,m. Rockwell introduced Scott Kugler, a new staff member in the Planning and Community Development Department, to the Board. She noted that Kugler would be helping staff the Board of Adjustment, and would be present at future Board meetings. CONSIDERATION OF THE MINUTES OF THE AUGUST 10, 1994. MEETING Johnson said at some point during the Board discussion highlighted on page 3, she stated the First Street area was in transition. She had wanted to make it clear that the property in question was not an island and should be considered in relation to the other properties in the area, Haigh moved and Johnson seconded the motion to approve the minutes of the Septem- ber 14, 1994, meeting as amended. The motion carried 5-0. SPECIAL EXCEPTION ITEMS: 1. EXC94-00011. Public hearing on a reconsideration of the July 13, 1994 ,Board of Adjustment decision on an application submitted by Robert and Joan Powers for special exceptions to reduce the required off-street parking and to modify the front yard requirement for property located in the PRM zone at 902 Newton Road, Rockwell said this item was a reconsideration by the Board of its July 13, 1994, decision concerning the 902 Newton Road property. Specifically the issue before the Board was to reconsider its decision denying special exceptions to reduce off street parking requirements and to modify front yard requirements, She noted if the request- ed exceptions were approved, it would permit the six existing parking spaces ~I!ong the alley to satisfy the parking requirements for the seven apartments located on the property. Rockwell said the parking spaces in the front yard were there in violation of an earlier Board decision made in 1983. The reason stated for the previous Board denial of parking spaces in the required front yard setback was that the parking spaces were located too close to the street and would violate traffic and safety considerations. . ' - - - ,'-O~l):, f" '. - [) I I' ~o, , O:r.;~ " i , . 'OIl' .,\\i.-, . ", , "., ..' " ~, ,...,,' 0'_"''''''.,' '.'...,., ..,..".6, MINUTES BOARD OF ADJUSTMENT OCTOBER 12, 1994 PAGE 2 Rockwell said the Board should consider this reasoning, especially in light of the increased traffic congestion in this area since the original decision in 1983, In terms of the request to reduce the amount of parking required for the seven apart- ments on the site, Rockwell stated the Code requires that the applicant must show the parking requirements are too restrictive for the use in question to justify the reduction in off-street parking. She noted the applicant had knowledge the parking spaces were required with the addition of six apartments to his property in 1983, Rockwell noted the parking problems in the Newton Road area are well documented, Rockwell said staff continued to recommend that both exceptions for EXC94.0011 be denied, PUBLIC DISCUSSION: Philio A. Leff, attornev. introduced himself as the Powers' attorney, He said he had submitted to the Board a packet of materials that summarized the history of the property. He said the six-plex addition was handled by the Pat Moore Construction Company in 1983. He said the Powers had no part in constructing the parking for the addition as they were residing in Florida, He said the City Attorney provided the covenant signed between Powers and Lalla, which secured the nine spaces on Lalla's property, and then the City did not record the covenant. He said Moore put in the parking spaces despite the Board's decision, but Mr. Powers had no part in that. He . said that the parking had existed this way since 1983. ' .,#'..... ( "c\ \'-:. \ \ ... \ \1. . ".j ;(;,.. "If" , ' . \ i I., I I ! I I I I Left noted Lalla honored the covenant, but the parking spaces were never used. He said Lalla sold the property in 1989 to the current developers who contested the parking covenant. At this time, Powers had a meeting with the City Attorney, and discovered the covenant was never recorded. He said the City told Powers it would do nothing about the loss of parking unless a complaint was received. He said this was the case until there was an anonymous complaint about the parking in 1992. Left told the Board to keep in mind that Powers called on his own to have the building inspected. He said the inspector, who has since left City employment, told Powers that the property was fine. . , i Left said the Board should weigh four factors in making its decision, First, Leff noted the Powers did not in any way try to violate City codes or get special treatment. Second, Leff said the history of the property shows clearly that the parking currently there is sufficient. He said these are efficiency apartments that single individuals live in, These individuals usually are involved in the medical or dental schools. Third, Left said the City is not without blame. He said the City failed to record the parking agreement, and the City removed parking on Newton Road which made the parking situation worse, Fourth, Leff said the denial of the exceptions will mean great financial hardship for the Powers, because he will have to modify the building to make fewer, bigger apartments. Leff said the Powers estimates this remodeling cost at $50,000. : : I I if i I I" i :' ! ,I J ~\"'l; Pi'( ).,' ,,( "'I' 1;' ' f~1 1 ,I l.."'- t-..?~___ '_, _. . -- '-I Ir '-: -w '0.);,' - '.0 ~1~O I./~ ' ~ D. .741,i..:W,,' ,...-....,,'~ I, r \ ' ..,\ c-.-.;'\ \ \ I ,~i ~"':':...:. I. "4;--, 1 Ii- '1 , , I I: ;.: I' I : ) I , f' I' I!;' I ~l) ; '{ "'~'-" i; '~' l'i ~~, . .. ,I.!~ ~[: 1/',',', ,ll1t..r.\., ._.-......; tc- 0 \' 'I , . '~r ~\ I , " ".".. " . 1 ", . . - ....._'._--,,-.. ".,~_..,'~'" "" MINUTES BOARD OF ADJUSTMENT OCTOBER 1 2, 1994 PAGE 3 Leff said the Board should consider in favor of the exceptions and leave things the way they are. He said the Board of Adjustment was designed to remedy situations when the technical application of the Code would result in injustice, and this was a prime example of such a situation. Maraaret Lainson, 918 Newton Road, said she didn't know the Powers, so she was not speaking out of personal friendship. She said she and her husband own a duplex at 91 8 Newton Road, and her mother-in-law and daughter live there, She is frequently in the area, and parks there when she goes to the dental school. She was extremely aware of the parking problem and didn't believe forcing the Powers to give up units would make the problem any better. She said she uses the alley to get to her garage, and has never had any problems with Powers' property. She said the parking problems come from the big apartment unit behind the Powers' property, She said the Powers are providing affordable housing, and that the current arrangement is not hurting anyone, BOARD DISCUSSION: - MOTION: Haigh moved to approve EXC94-0011, the requested special exceptions 1) to reduce the required off-street parking by 25% from eight spaces to six spaces, and 2) to reduce the front yard requirement along Lincoln Avenue from 20 feet to two feet for the 18 foot length of the two parking spaces with access off the alley on the north boundary of the property located in the PRM zone at 902 Newton Road. Lehman seconded. Haigh said he had three main considerations. The first was that the parking agreement was not recorded. The second consideration was that a vote in favor of the requested exceptions changed nothing in the neighborhood, The third consideration was that a no vote would mean undue hardship for the Powers. He said he would vote yes. Eckhardt said she didn't feel the Powers were trying to get away with anything, but ignorance of the Code was not an excuse. She said the Powers knew they needed the parking when they signed the agreement. She said she would be voting no, because of the parking congestion in the area. Vogelzang said the Board has had a lot of time to think about this issue. He doubted very much that an action to approve the exceptions would increase parking problems, because the exceptions simply would enforce the status quo, Vogelzang said in putting together the history of the property, he had a problem with the fact the agree- ment was held in unrecorded status. He said the property was sold, and there should have been title objections, which would have prevented this whole situation from happening. He said his third consideration was the peculiarity of the property. He thought the location near the University Hospitals created a peculiar situation, where vehicles were not as critically needed. Vogelzang noted although the property was looked at by various City ,officials, the parking and yard issues were never brought up. He had read the letters written by ..' " -.--.,..,-, ~1(o() ~ ~~..~- "w. ,'oJ'., - ',- I .r.:.., .~ ... f ~o. ITj1~ ,,""-:- , ..\ .' -.,.;.1 , I I \ \\ ~. " '.... ^'-(~ " \ fo, I I I , , . i , , . (,' : ,'{.' I! .j , I I ! \~\",/ ~"v , f "~.' '\ ~ . ~t.I,'" ,I'll' L.~ ~1 ,,0 I It- .;' ~,} i' , .> . . ~ t \ ' .\1" , '. :~ . , -. ,_....... ~.' MINUTES BOARD OF ADJUSTMENT OCTOBER 12, 1994 PAGE 4 neighboring property owners expressed concern about the parking, but he said a favorable decision by the Board would change nothing. He agreed with Haigh in that a denial of the exceptions would create an undue and illogical hardship for the Powers. He said the City gave the property a certificate of occupancy, which essentially gives the City's approval of the property, He believed the City was negligent in not record- ing the parking agreement. He said he would vote in favor of the exceptions. Johnson said the parking situation has changed considerably over the history of the property, especially in relation to the Lincoln Heights complex, She said the Powers were aware of their obligation to provide parking, because they signed the agreement. She said the Powers maximized their use of the property, and they have not proven to her the parking requirement is too stringent. She said that a vote in favor means the parking situation will go on in perpetuity. She believed parking should be provided by the property owner. She intended to vote no. Lehman felt the Powers had tried to obey the law. He believed the property does not need the full amount of parking, because of its location next to the medical and dental schools. He said Mrs, Lainson, a neighboring property owner, has no objections. Although it was a tough decision, he stated he would vote in favor, The motion carried 3.2. with Johnson and Eckhardt votina no. Burnside said as legal counsel to the board, she felt it would have been inappropriate for her to speak up on the City's behalf during the Board's discussion, She said the Board's decision was made, and the Board members had stated their reasons for voting the way they did. However, she said it would be remiss of her not to address the statement that the City had been negligent in not recording the parking agreement. She said it is customary in real estate that the person to whom the benefits flow [in this case, the Powers] as responsible for recording the agreement. She said the City was not the party to whom the benefits flowed, so it was not necessarily responsible for recording the agreement. She said regarding the inspections, the Codes have changed over the years as have the various items under inspection. She said it is not a fair assumption that a building inspector would have been required to consider parking codes during the inspection of the building. 3, EXC94-Q013. Public hearing on a request submitted by Joe Sullivan for a special exception to permit a front yard modification along Sycamore Street for property located in the RS.5 zone at 1687 Burns Avenue. Denney said the applicant was hoping to create more privacy in the back yard by constructing a six.foot high board fence adjacent to Sycamore Street. Denney noted the applicant had constructed the fence believing he was in compliance with City codes. The property is a corner lot with street frontage on two sides, and the fence exceeded the four foot height permitted in the front yard setback area. Denney said City Code allows a fence not exceeding six feet within the front yard when the yard is adjacent to an expressway or arterial street and is in a double frontage lot or in a corner lot abutting a double frontage lot. He said the situation precipitating the request n ~ '0 -:) :(,"-0 - .....,.......,....'... , .........." ..' ,- () , '" ~o. .'i1il',~ .,c .-..;l l \ '\ \ , \ ~', .?,..) 'rl " i I I I, : I : I , , I, , ~', I II" ! ( ~ . J:j :( :, " .> , '~r, " '\'" , , ~ ',... f" , ..". , . "... .", ~",'. ' - MINUTES BOARD OF ADJUSTMENT OCTOBER 1 2, 1994 PAGE 5 is peculiar to the property, because it is located next to an undeveloped parcel which is zoned RS-5, and the adjacent property ;s likely to be developed into a double front- age lot. He said the requested exception represents a substantial reduction of the front yard from 20 feet to two feet. Denney said the options available to the applicant are to move the fence back 18 feet or reduce the height of the fence. Denney noted the exception would have little impact on the neighborhood. He said staff recommended approval of EXC94-00 13. PUBLIC DISCUSSION: Joe Sullivan, 1687 Burns Avenue, thanked City staff for the help they had given him, He stated his dealings with Rockwell and Denney had reassured him that not all government operated as an unfeeling, complicated bureaucracy, He said the situation concerning the fence is really self-explanatory. He said Sycamore Street has heavy traffic and a high noise level. This has been worse with the new construction in the area. He was trying to get some privacy in his yard, He said he would be willing to answer any questions the Board might have. BOARD DISCUSSION: MOTION: Johnson moved for approval of EXC94-0013, a request for a special excep- tion to allow a reduction of the front yard along ~ycamore Street from 20 feet to two feet for the southern 48 feet of the lot to permit only the construction of a fence for property located in the RS-5 zone at 1687 Burns Avenue. Eckhardt seconded. , D Johnson said she could understand Sullivan's desire for privacy and didn't have a problem with granting the exception, as long as he kept the fence in good condition. Vogelzang said he lives in that neighborhood, and he certainly understands Sullivan's concerns, He noted there had been a lot of changes in the neighborhood in the past 14 years. The motion carried 5-0. 3. EXC94-0020. Public hearing on a request submitted by Terry Ira to amend a Septem- ber 14, 1994, Board of Adjustment decision on a special exception to permit a front yard modification along Johnson Street for property located in the RNC-12 zone at 523 Church Street. Denney said the exception the Board approved was subject to two conditions: 1) that the garage be no larger than 24x24, and 21 that the garage be placed as far north as practicable without damaging the existing trees on the property, Denney said the applicant wants to amend the decision to allow construction of a 24x26 garage, which would violate the two conditions placed on the approval of the exception in the first place. Denney said a 24x24 dimension is standard for a two-car garage and provides room for storage. He said there is the possibility that a larger garage may be out of scale with the residential character of the neighborhood. Denney said staff recom- mended the amendment to EXC94-0020 be denied, 0, - J' d1(,O r 'i ' /~l' ,0. .",~I.- _~ ~ - - ~~ " o.J -'ilii,i:;~ I>,,',' J .....~~ ( ; )..; C~;\ " ;:-~ , ( ') I' I , I " II : I Ii I~'~ " ~ ~,',~ ~.~ -~ ,C,-O . 'l, ..." ~: ", ", .> . ,,,,,',~t, :" , "'1 ,~' ,'," , '" . .. _.~""--,"",,,,-,._,,,,,,,,,",,",.,.-:_-,.., ....."c>:....'",,;.,':i.:: ,'...., , MINUTES BOARD OF ADJUSTMENT OCTOBER 12, 1994 PAGE 6 PUBLIC DISCUSSION: Terrv Ira, 523 Church Street Iowa Citv. said staff's recommendation to move the garage further back on the property would also interfere with trees. He said the reason he wanted the amendment was that he didn't think the Board would approve a larger garage against the City staff recommendation, but his neighbor had encouraged him to come back to try to get what he wanted. He didn't believe the 24x24 garage provided enough space for storage even though it's a standard size, because most households don't have enough garage space. Ira thought it was unlikely his garage would be out of scale, particularly as his property sits next to an apartment complex. He said no houses face the garage, and that the garage will be adequately screened. He said he was working with the City Forester to make sure the trees would be all right BOARD DISCUSSION: MOTION: Eckhardt moved to approve an amendment to its September 14, 1994, decision on EXC94-0020, to permit a 24 foot by 26 foot garage to be constructed in the required front yard along Johnson Street for property located in the RNC.12 zone at 523 Church Street, subject to the garage being set back a minimum of 10 feet from the Johnson Street right-of-way line. Vogelzang said he doubted very'much that the two foot increase in the length of the garage would do anything detrimental to the character of the neighborhood or the trees on the property compared to the benefits Ira would receive from the extra space. The motion carried 5-0. 4, EXC94-0023. Public hearing on a request submitted by Southgate Development Company, Inc. for special exceptions to permit dwelling units above the ground floor of a commercial use, to permit a parking area access drive on a separate lot, and to permit up to 15,000 square feet of restaurant space for property located in the CN.1 zone west of Mormon Trek Boulevard and north of West winds Drive. Rockwell said staff recommended deferral of this item to the November 9, 1994, Board of Adjustment meeting to allow time for the negotiations between the developer and neighboring property owners for a shared access drive, She said the negotiations are taking place at staff's request to minimize the number of access points on Westwinds Drive. PUBLIC DISCUSSION: There was none. ..' '. :_"'~,:",."",:,, c I D i i. '. ~1"O -- L _~ ti ,----- ~ ~ -_, - - )',.,.,d" "'" '.I" '0" i " "I' 1'/ ,,) ,,"10. ,": " ;'~-.:.?.:rJ.i:Jl' ; i .> . ',~t: ,'j' , .. , , / , ,',,' ,',,' ) " f" , ,1" .. ...._---~._",,'_.,'....',-'.><.. "...~,....:- .' -,.-~.,.._.~,,,,....,.,"" ,':', .".,,'..,.... ."........,-,-,.,.'-_...'_. -.."'-..-....-....- MINUTES BOARD OF ADJUSTMENT OCTOBER 12, 1994 PAGE 7 BOARD DISCUSSION: MOTION: Johnson moved to defer EXC94.0021, a request submitted by Southgate Development Company, Inc. for special exceptions to permit dwelling units above the ground floor of a commercial use, to permit,a parking area access drive on a separate lot, and to permit up to 15,000 square feet of restaurant space for property located in the CN-1 zone west of Mormon Trek Boulevard and north of Westwinds Drive. Eckhardt seconded. The motion carried 5-0. Johnson requested clarification of the location of the driveway on the map for the next meeting, because it was difficult to find, 5. EXC94-0024. Public hearing on a request by Brenton Savings Bank of Iowa for a special exception to permit an auto and truck oriented use, that is, drive through lanes, for property located in the CC.2 zone at 1059 Highway 1 West. ,r r-~'l ~ .--JI r.'1';~ ii" , ' . 'I" . I I i i 'I , , : , , , i ~: ,I" ~ ~ Rockwell noted the applicant was requesting four drive-through lanes and a bypass lane for a new banking facility on this property. She said the financial institution is a permitted use, but the drive through lanes are considered an auto and truck oriented use and are permitted only by special exception in the CC-2 zone. She said the drive- through lanes, as designed, are in compliance with City Codes, She said the landscap- ing will enhance the Westport Plaza site and the banking facility will contribute to the commercial vitality of the area. She stated City Transportation Planner Jeff Davidson reviewed the on-site traffic flows and found the design to be in accordance with standards for financial institutions with drive-through lanes. She noted Housing and Inspections Services (HISl Department staff are reviewing the site plan, and deter- mined that Federal Aviation Administration approval must be granted prior to the construction of the facility. She said HIS also determined that the applicant needed a floodplain permit. She noted the applicant had applied for and received this permit. She said staff recommended approval of EXC94-0024, subject to the applicant receiv- ing FAA approval. D ! PUBLIC DISCUSSION: Kerrv Culver. Shive Hattery, said he was there to represent the applicant. He said staff had done a good job of helping him with the application process. He was confi- dent the applicant would be able to obtain FAA approval. He said the project has a minimal impact for the airport and has a 24 foot elevation, which is exactly the same as WaIMart's. He said the building will be positioned outside the 500 year floodplain. Johnson asked if they planned on having drainage to the pond area. Culver said the pond is part of the Watershed Management Plan for the entire Walmart tract. BOARD DISCUSSION: MOTION: Eckhardt moved and Johnson seconded the motion to approve EXC94. 0024, a special exception to permit four drive-through lanes and a bypass lane on .;G~~~_ ':ll~O .- ~:. - 0 )" I ~,[l ,;, .~ , -- - . " .,.',:.:':'1. ".',..1 .lm&'!j, .' '. '; " ,:' ':'~\~~.~';,it ..'. ,~ '(T " " 1." '. .> . .,', " , ..'.,1 '-.,: '.,' ' . . " .'~':C ,c:.:H.l,~:,;'.~'....,'.O.".\,;".'."".,....".,,,....~.,..,...__;.: "..;_~__..,. " ~,,,o , '\""""" , . , i' .~ " ..J, :, " " ':~~' ,', "--",, ~--, . .~". ~ ~ ..~~..,-,-.~-,~,..,-,~.- " ,..- ....:..._~~~...,~._-~ ''';:;.'~.,....,;.......,.:.....'~".:...~',~'"~...,,~\''''-'..-'',;.-:..'.-,'''' .' L__..:". ',',.,,'...'.'.. MINUTES BOARD OF ADJUSTMENT OCTOBER 12, 1994 PAGE 8 property located in the CC.2 zone at 1059 Hwy 1 West, subject to the applicant receiving FAA approval prior to receiving a building permit for construction of the bank building. Haigh said the applicants had done their homework on the project and there was no good reason not to approve it. Eckhardt agreed. Vogelzang said it was nice to see commercial development of this type in that area, and Lehman agreed. The motion carried 5.0. ADJOURNMENT: Eckhardt moved and Johnson seconded a motion to adjourn at 6:23 p,m. The meeting was adjourned by acclamation. Minutes submitted by L. Schweitzer Rich Vogelzang, Chairperson e~ ell, Board Secretary (; ..t\ ..--, \, ppdadminlminslboa10.12, \. rr%1 U I' I ~ I i I , I i ! I If" II'" \ \ . ~~ :; 'Ii ~ ,(~ '- ~-~'- ,-, - '~ '.0;, , , , ,,-' )",',,',.,",:,.,..,..," .'"" .<,', , \ ~,. "...'.":)'~,:..\-,',',:' ;::,:' ::', ,:..... '~, " If" : , i ' h 1\:9 'ID, J~ti!t' ~0 r. :, , \\1 ,,\:. i~' " ,(~ 0 " i , , ",~r~.\r, "", ", . " :.1', ._,~..o..,.o__.. .""__.' n' .",0,,,,,.,,,,, """'.c,,,.': MINUTES CHARTER REVIEW COMMISSION NOVEMBER 2, 1994 - 7:00 P,M. CIVIC CENTER COUNCIL CHAMBERS John McDonald presiding. Charter Review Commission: McDonald, Cain, Egli, Geasland, McCullough, Penningroth, Rhodes, Willis, Ringgenberg. Staff present: Karr. Tape recorded on Tape CRC 94-8, Side 2. (This public hearing was cablecast live and statements were received in person or by telephone,) INTRODUCTION AND BACKGROUND Charter Review Commission Chair McDonald stated that the purpose of the public hearing is to receive citizen input about the charter. McDonald introduced Charter Review Commission members. McDonald explained the Charter Review Commission was appointed by the City Council to review the charter. McDonald stated the original charter was adopted in 1974 and the charter is like a constitution of the city in that it broadly defines how city government works, as well as how the City Council is elected. McDonald stated that the Charter Review Commission, in 1973, provided for the establishment of the Charter Review Commission at least one every ten years for the purpose of reviewing the city charter. The Charter Review Commission, in 1974, was chaired by William Meardon and John Balmer chaired the 1984 Charter Review Commission. McDonald explained that this year's Charter Review Commission focused on elections, Mayor selection process, campaign finance disclosure and Council compensation. McDonald stated that the Charter Review Commission will prepare final recommendations to City Council. McDonald noted that a map of the city delineating the City's three Council districts is available (and was displayed on an overhead for the television audience). McDonald explained that all Council members serve four-year terms, the Council is made up of four at-large Council members plus three Council district members, and a person running for a district seat must be a resident of that district. McDonald stated that if a primary election is needed, voting is restricted to residents of the district and in the general election, all voters of the city may vote for both at-large and district candidates. McDonald said that telephone call comments will be received during the public hearing by calling 356-5017. McDonald noted that CRC members Patt Cain and Clayton Ringgenberg are considered the resident Charter Commission historians because they both served on the 1974 original Charter Commission, the 1984 Charter Review Commission, and current Charter Review Commission. PUBLIC HEARING McDonald opened the public hearing. Rusty Martin, 802 East Washington, appeared and proposed establishing six district Council members and an at-large Mayor so that elected officials would directly represent neighbor- hoods. ~i'l '. ~.~ v !~..... \ T,rV - )".,,'" ,I" ,v o f" , Q I it-. '.... ,,' ,10, . ',,,..,., .,','1 ,m;m '",." . " ,', ,,1"'1 ' .' '.'"-,,.' ',/,)~'~,.~'(.~:,-: ~ ~ ..~ .-'1 \ " .. .' , , "1 '. '..' ,," .:_~,,/.:,..,._,-. ..',- ....., .:"..,....,',.,..._,~~~'_..~'~,~.~..:;:~: r J r~ \ .'~ ,~ I ' I " : I i I I f; ~(": 1 " ~ '(,', . "p, ~ ~ ..__,___._.M.",..:,;....'::;.'_~'" ,l'-'''~..:.;..~,'~:..,~.,,','~'; ..,"";,"~,~~!.... ,.~,h'M _",."_~,' ___..,'.__,_ __~... Charter Review Commission November 2, 1994 Page 2 Chris Randall appeared and stated that City Council members worked very hard and Council compensation should be increased. The Charter Review Commission received four telephone calls during the public hearing. Two callers stated Council members should represent districts; and concurred with comments made by Rusty Martin. Two other callers did not agree with the views of Mr. Martin, stating the current system is appropriate; and neighborhoods can be incorporated into the present districts. McDonald explained the Charter Review Commission has been reviewing the charter over the last several months, the Commission has not made any final decisions, and the Commissions' final recommendations will be forwarded to City Council. McDonald stated that any substantial changes to the charter will need to be approved by the voters. McDonald thanked all participants, and announced that all Charter Review Commission members would welcome further comments about the charter. McDonald declared the public hearing closed, 7:20 p.m, clork\crcl1.2,mln a'~1 ,-!'V'1lll-- ~ ~, .... _______ '.. ,',.", 7',.; ~~_ '.'.,,-~~, I ~",h o!)"~>;,:.. ". o , '; '1" , r'" . ~' J :"'l .'r. ,\-" " ,. A \;:;J , i I , ,I' , to, " ,r~t1l - ' .,.' ... {)j> 01 .[ ,...-,.... \ \ r3~ r ! " , , " i I I . i , I ! I~':, I, i I , , , \ ;""j "~ \t~',: f; f~'l 1'[; :r~ .' \,". , ';, , "" , "''.Ii:. , .',.. , , ~ '" '. ;' , . ,._..._...,.,_', "..~,.'".'.,.,,...',',,'~".'...,. ,. .,'" ~..,_ e_,.".' ., ".',.."'~ '" c' ",.".., ",' ,_~'... MINUTES IOWA CITY AIRPORT COMMISSION MONDAY OCTOBER 3. 1994 - 5:45 P.M. IOWA CITY TRANSIT FACILITY MEMBERS PRESENT: Richard Blum, Howard Horan, Robert Hicks STAFF PRESENT: Ron 0 I Neil CALL TO ORDER: Horan called the meeting to order at 5:49 p.m. A quorum of the Commission was present. PUBLIC HEARING: Horan opened the public hearing on specifications for the roof project for the Terminal Building and United hangar building. No public was present and no comments were received. Horan closed the public hearing. O'Neil stated that a pre-bid conference is scheduled for October 10, 1994, at 10:00 a.m. The bids will be due on October 20, 1994. When bids are received, the Commission will need to schedule time with the ci ty council to discuss funding. 0' Neil said he recommends waiting until the roof is replaced before any wall repair and painting is done in the interior of the Terminal Building. ' ITEMS FOR DISCUSSION/ACTION: a. South Hangar Building - only one bid was received for the new hangar building. It was almost twice as much as the Commission had estimated for the cost of the building. Blum made a motion to reject the bid. Horan seconded the motion and the motion passed 3 - o. The hangar building will be an agenda item for the next regular Commission meeting on October 18, 1994. O'Neil will develop a list of options for continuing with the project. There are 18 people on the Commission's waiting list for hangars. ADJOURNMENT: p.m. Hicks seconded the , ..' I I, io ! ~1~~, q ~"5 ,~r.l <11"111 J liIlJl!il:.oJi::l "__"-1'-- ",~ =- - '~:~~_r )i, .:j,1i~~i ~\; iJ3i , ( \, """\ [ , \ i:',~ i ';'1 . ~' ,I " , , , I '( . 0.---..::." l .,~~" I) I P ~, 'lq(~ rT"'~ I ....-, co... " _'___.0 ; i "1 '\\1" .> , , \ f" , :: ,-, ~ MINUTES IOWA CITY AIRPORT COMMISSION TUESDAY OCTOBER 18, 1994 - 5:45 P.M. IOWA CITY TRANSIT FACILITY MEMBERS PRESENT: John Ockenfels, Howard Horan, Pat Foster, Richard Blum, Robert Hicks STAFF PRESENT: Ron O'Neil, Anne Burnside CALL TO ORDER: Chairperson Ockenfels called the meeting to order at 5:50 p.m. A quorum of the commission was present. APPROVAL OF MINUTES: The minutes of the September 20 and October 3, 1994, meetings were accepted as submitted. AUTHORIZATION OF EXPENDITURES: Blum moved to approve the expenditures as presented. Foster seconded the motion. Ockenfels questioned the $ 900 expense for repairing the shop door. O'Neil said the door required a new chain and drive pulley. The expenditures were approved 5 - O. PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: John Dane wanted to discuss the security fence project. He wanted to know the purpose of installing the fence. Ockenfels said the purpose was mainly for security and also to mark the property line. The project is funded 70 % by the IDOT and is a high priority project because it is considered a safety issue. Dane wanted the fence be installed on the north side of the Airport's farm driveway. Blum said that location may be too close to the Runway Protection Zone for Runway 06 and asked Dane if he would be willing to pay to have the fence moved if it was required to be moved in the new Master Plan. Dane was not willing to consider that option. ITEMS FOR DISCUSSION/ACTION: a. Gordon Aircraft Agreement - The Commercial Service Agreement that Gordon had with the' Commission expired October 1, 1994. Gordon has indicated he would like to continue his business on the Airport but would like to go on a month to month basis until January 1 and then negotiate an annual agreement. He also said he would like to expand his business if hangar space becomes available. Hicks made a motion to extend the agreement on a month to month basis until January. Horan seconded the motion and it passed 5 - O. ,_J~_ _ ~ "W~,., ~1'~ I ," ~l - )' ..-- o - ~ i , I 10 10, ~7~~ I,.'j ,,10 ,r"LJ~9.;l, " 1 ."',, .",\i., , , , , ~ -, ~ ' .- . _.,_,_..'._._,...._'_____.,h,..,.-o"' b. South Hangar Building - 0 I Neil said there was only one acceptable bid and it was rejected as being too high. Ockenfels said he talked to two different contractors who were interested but did not bid because they thought the bid package for city projects are too complicated. The Commission agreed that there is still an obvious need for hangar space. Dean Thornberry said he is still interested in a hangar and he knew of several other aircraft owners that wanted hangars. He suggested returning to the original plan of building a set of ten nested T- hangars. Ockenfels said the project may have gotten too complicated because the Commission was trying to accommodate several different requests for hangar space. A combination of commercial and individual hangars in the same building may not be practical at this time. Horan made a motion to rebid the project as a building with ten T- hangars. Hicks seconded the motion and it passed 5 - O. O'Neil will put the information together as soon as possible. c. Airport Master Plan - Ockenfels and Horan met with McClure Aviation services on October 14 to further define the Master Plan study contract and scope of services. O'Neil sent a copy of the draft agreement to the FAA for review. After the FAA and the city Attorney's office have reviewed the agreement, the Council will be briefed on the project. Ockenfels directed o'Neil to schedule time with the Council in November to update the council on the Master Plan study. O'Neil will see if there is time available at the November 7 council work session. j ( The cost of the project is more than the $ 65,000 originally discussed because of some extra features that the Council and Commission indicated they wanted to include. If the FAA is to fund the project, the preapplication will need to be modified or the scope of services will need to be reduced. If the Council is to fund the project, the Commission will need approval for the , lncreased amount. \ ..Jol (.:;.. . ( , . The FAA should know within the next three weeks if and/or when, they will fund the study. If the FAA funds the project, funding may not be available until February. d. Roof project - united building and Terminal building - o'Neil said the bids are due on October 20, 1994. He said the Commission will need to meet to discuss the bids. The Commission should schedule a meeting with the Council to discuss funding. Ockenfels said the meeting to discuss bids could be held on October 25 in conjunction with a special meeting to discuss the budget. A meeting was scheduled for october 25, 1994, at 12:00 p.m. The meeting will be at the Lobby Conference Room at the Civic Center. e. FY96 Budget - This item was deferred until October 25. I i I ~ ! , ! , i i .~ , , , ' , I : I , , , I \"\,,~ "j ~ fC o"~~ __ -_.' "IA & ),.,,' .,~ r ' " " ~~ r1~__ ' o ..' , - Q .:~~2i J' ..-",.;1 [\ \ \. ~ r,,' ::t'" . ( , ; . \ , tl , C '," I I," I : i j ~ r,'j '\.~'.'i i' . ~; \; i,1rY.~i" ;,.~.'f,.., ..-'\ t___~'~- 'il7" -:t, ,~ ' ~O'" ,'"J U , , . , ';:k"l' , .y( " ~ -. . :: ' " .'."..........;..'" ,. CHAIRPERSON'S REPORT: Ockenfels said he has a scheduling problem with the monthly meeting date. He would like to change the meetings to the second Tuesday of the month instead of the third Tuesday. No one had any problem with changing the date. Ockenfels said there was a letter in the packet concerning selling property to Ron Wade. He said there are complications with this that have not been addressed in the letter. Blum said it was his understanding that the property was in the approach slope and under the control of the Airport Commission. Wade also has a law suit against the Airport concerning use of his property next to the property he wants to purchase. Burnside said she will discuss the issue with Chuck Schmadeke to see what stage the project is in. She will also try to determine if the Commission is suppose to have jurisdiction over the property. She will report on this at the next Commission meeting. Blum said he would rather see a lease than selling the property. until the Master Plan Study is completed, the Commission will not know if the property is required for protection of Runway 06 and there would be better control with a lease than with selling the property. COMMISSION MEMBERS' REPORTS: Horan said he helped with the SCCA event on September 25. He said the event went well but he thinks the Commission needs to address a policy for supervision of non-aviation events at the Airport. ADMINISTRATIVE REPORT: Burnside said the Commission needs to be aware of the deadline for making the Airport Terminal meet ADA requirements. O'Neil will review an inventory list that was generated several years ago to see what projects are needed. The Commission will determine what projects are required and discuss project funding with the council. O'Neil said the University would still like to discuss the possibility of practice soccer fields at the Airport. This will be a future agenda item. First National Bank wants to build a bank on property near New Life Fitness. They are working on a special exception to allow for drive-in facilities in that zone. Approval from the FAA will be required in this area before a building permit can be issued. O'Neil said he has a contractor working on an estimate to clean and tuck point the exterior of the Terminal. He thinks he will have that estimate before the budget meeting on October 25. .,," - ) o - I, ..' .. D , , i . """':'- . ~, ,,'j' ".' ';~~~~\,~',' i ..~': " /.f~~:,:,,\'t.~ ,;;'~ . , '1,'...' " . ~ '~:.., ,..I, " . ,.. ' , :,' ,","-,;,,' >:', "", ,,'. :,:..., " , ~,~ _.,..~,......___."'-"'...~. "..._'"'w-<..".O<O"-,""-".,......"'.......,..., .~"l' ;, "', I ,.,';"'.<....;~~,,,.....,~~'''~.._.......,__._.;..____~,.,....:, _,...,... , o'Neil said there has been some confusion concerning extra dumpster service for the fly-in breakfast. O'Neil said the Airport did not order additional service and sertoma said they did not order an additional dumpster. There was a $ 100 charge for the service. Burnside reminded the Commission that they could not use public funds to contribute to Sertoma to help pay the bill. The extra dumpster was needed because of the breakfast, not for any of the events sponsored by the Commission. O'Neil will contact Sertoma. SET NEXT MEETING: The next regular meeting was scheduled for November 8, 1994, at 5:30 p.m. ADJOURNMENT: Horan moved to adjourn the meeting at 8:18 p.m. Foster seconded the motion and the meeting was adjourned. ~ I I ,.~ I I o r Ji (-.\ \ ':\ .~ ._~ f i ; , I I ,. I ~7'~ ~ :,' ';" '.; ~::' t[ __~- _.~. ~~"l,r' Utl." ~:~ . : -i 'j";"" I.'." ",,', "!': '",'~", ",,;,,',, " ,.' ,0,.", . .', ...". :';;"", ',," "\:)i~~:,,,:?:':.,;,'.-,::,;,:, . i ' ~~ ' .s ~ I""'...' I " , , ,I ":,1 I I i I I., " I I I. I 'I 10', ,,"J.J;:r~~Jt " ~'o~ i .1 \ \ ~ Y.." '1 , " , : I' I \ ~1" "'~ "I , "~l' ( , L \'; .> . ',~r, \' "\ , , " \ " :~ ' MINUTES, IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING 2ND FLOOR ADMINISTRATIVE CONFERENCE ROOM THURSDAY, OCTOBER 27, 1994 - 4:00 PM Members Present: Margaret Cox, Steve Greenleaf, Jeri Hobart, Katherine Moyers, K. Jesse Singerman, Anne Spencer, Chuck Traw Members Absent: Anne Hargrave, Philip Hubbard, Staff Present: Barb Black, Maeve Clark, Susan Craig, Larry Eckholt, Debb Green, Martha Lubaroff, Elizabeth Nichols, Carol Spaziani CALL TO ORDER: The meeting was called to order by President Greenleaf at 4:07 pm APPROVAL OF MINUTES: The minutes of the regular meeting of September 22, 1994 were approved. Hobart/Spencer Several corrections were noted in the minutes of the special meeting of September 28, 1994. In Director Craig's request, "pay play" was corrected to read "pay plan", the word "also" was deleted where it appeared twice. "ICPL has" was inserted in the sentence concerning unsuccessful recruiting of applicants...Once these corrections had been noted, the minutes were approved as corrected. Moyers/Cox FINANCIAL REPORTS: First quarter receipts were reviewed. Receipts are pretty steady with little change from last year at this time. Open Access receipts were questioned since this figure demonstrates money earned but not received, With a lower reimbursement rate of $.50 per item, the funding of this program should last through the fiscal year and we will get our full reimbursement. Expenditures first quarter. Large expenditures for termination pay reflect in the totals for the 6000's which are personnel expenditures. Craig explained that at the end of the year the City will prepare a budget amendment to reimburse our budget for the loss of termination pay. The use of NOBU funds for Development Office salary as it is being dealt with this year was clarified. The Energy grant payback was explained. We are paying back a city funded project to install energy efficient lighting from savings in our utilities budget. A question about central supply chargebacks was explained as fees paid to the City's printshop. DISBURSEMENTS: VISA expenditures were reviewed. Disbursements for September, 1994 were approved. Traw/Hobart STAFF B.EPORTS: ~1 (,3 ~~' -, ..L1 ,~~O,)q ~-, ---~ :.( 0 ,"'. ---~--~_. .. - f" , ... I J Q 'k " J 10, Jim,t! " , , . .:~, i '.\'\ , , '. ,.. ICPL BOARD OF TRUSTEES October 27, 1994 PAGE 2 1 st Quarter statistics reflect manageable growth. Software Upgrade Automation Planning. Craig reported that the process went smoothly and an upgrade was successfully installed to our computer catalog. This upgrade provides enhancements that will assist Circulation and improvements to the catalog. A library staff committee is very active in planning for further enhancements using this upgrade as well as planning for the implementation of expanded Internet access. Policy Reviews Schedule. Craig pointed out that the Board's activity calendar included a schedule for policy reviews; some of which are behind schedule due to the special activities during the last year. Development Office. Eckholt reported that this year's Annual report had produced $1600 more than last year's mailing although from fewer donors. The office is moving ahead with a large direct mail solicitation project to library cardholders. They've targeted mid November for this mailing which will go to approximately 15,000,households. In preparation for Spaziani's retirement in December, Eckholt has officially taken over the publication of the Library newsletter, WINDOW, with the December/January issue. The planning is in the final stages for the Book Gala 94. This is the event that will take place at Prairie Lights on November 13 at which time individuals may purchase any items in the store with 30% of the purchase price coming back to the Library's Foundation. Library staff will be present in an advisory capacity. Hobart stated that Board members should be appreciative of the efforts being made by Jim Harris of prairie Lights who is hosting the Book Gala in November. I D , "c ~..~ . \ \ , \ \ \1 \' .." Strategic Plan distribution. The final version of the Strategic Plan will be distributed in December. Printing will take place during the next several weeks and it may be ready for the Board in November. Craig asked the Board for direction on the distribution of the Strategic Plan. It was suggested that it be sent to the mailing list for the WINDOW. 1':,:...','-" : r '. I. ! I , : I Spaziani's replacement. The Board was reminded that Spaziani's retirement takes place in December. Craig stated that her position has a unique combination of responsibilities, She was pleased to inform the Board that Barbara Black, current head of Technical Services, will take the position. For continued 'growth and stability in that department Craig believes that Black will bring many talents to this position. November Reading Month. Craig reminded Board that November is designated as Reading Month. The library co-sponsors Book Talk lunches with Hills Bank, . i i Des Moines Public Library levy. Craig had included newspaper clippings concerning the Des Moines Public Library levy which is on the general election ballot, ! ~~I ii" : . Sesquicentennial Video Project. Spaziani distributed a report on the planned video project. The Iowa City Area Community Television Group proposes to coordinate a community-wide local history video project to record a contemporary slice of time in the history of Johnson County. They also plan to produce several shorter videos from this tape archive for showing on the local access channels as well as the satellite channels during 1996. Planning is underway with monthly meetings convened by the Library. , , I .~\' \~".':;~", ' " r 1. ',\~. " ~, \.~ ~I, ,1,Ulf ;l~, L.A ;(-~...~,. - - : ' -~ 1-.-..'.:' o )' ~1"~ I/~,I[] ,~":;';'-~i ,~,., ( ,,\ ( ~"\ \ , \ ''410 v.:,", ; ~, , I I I'; , f ,! " ,I . I j '~,/, \"\,,.: " . )' ';:~' .;~c." . " ";'~"',',,', 'I ,{ "~'I . f' ,.;..., ~ .- :( , , , :~ \\!" .> , , \ '. ..' , . :.' ICPL BOARD OF TRUSTEES October 27, 1994 PAGE 3 ANNOUNCEMENTS FROM MEMBERS Trustee Workshops. Moyers reported on a Pre.conference she attended at October's Iowa Library Association meeting in Davenport. John Langhorne conducted the workshop concerning defining the role of the Director of the Library, His view is that library directors manage staff, serve the public, and represent the library to the community. The role of the Board is to nurture the Director, seek out what the library should be doing in the community, fulfill the mission of the library, and be aware of library's changing role in the information age. Board Development. Hobart asked for suggestions for agenda items for the Board's discussion group regarding Board development. This special meeting is scheduled for 5:00 pm on December 5th. The Carver book should be read prior to this meeting. There is a video version of this book now available. The library will obtain it to use prior to discussion of the book. Hobart asked Craig to provide some items that she would like Board to discuss COMMUNICATIONS A letter from Vida Brenner was noted. UNFINISHED BUSINESS: Approve Final Version of Proposed FY96 Budget. The latest version of the budget was distributed as printed this afternoon. The format is required by the City which breaks each area down into separate activity numbers. Craig told Board she still felt overall total was a little high. She asked the Board to approve requesting up to but not exceeding 2,661,338 and she would make final adjustments and submit the forms to the City. The Board was still very much in favor of leaving the budget intact; they did not feel there was anything they should not be asking for and approved a motion to authorize Craig to request up to but not to exceed $2,661,338. Traw/Moyers. The Board asked Craig to prepare a budget in brief, once it was completed, that showed the combined totals from the various activity numbers. NEW BUSINESS: Approval of Architect and Construction Management Contracts. Craig, Greenleaf, Singerman and Moyers attended Monday night's informal City Council session to update the Council on the project. At Tuesday night's formal Council meeting, Craig responded to additional questions. There was some concern on the part of some councilmembers regarding the expenditure of the $50,000for the next phase of the development and why it was being taken from contingency funds. Craig reiterated that the City Manager recommended this as the appropriate funding source and the Library budget request had included this request a year ago. A conversation took place regarding the necessity of having the City participate in the signing of the contract since the contract is between the Library and the architect. It was recommended that a clause be inserted indicating that the funding for the next phase of the contract was approved by Council resolution and that be signed by the Mayor. Greenleaf will - 'l""~ -- - ~_____' 0 ) ~'1(o3 I :r... , ,,,} o D ~f] " ....,. '-c" ", ~ ,.,', " ..ll;~n': ,;,-,.,. r ,::'i' .> , ',' ,""~' " ' '-"t".L '-:,'~:''.~l''" : '~) '.. / ..,..' ' ""1' " "..., :';, ',", i, ~ " '..' ~' , -. "~"" ' ,'.'L'" "",,,~~',,\.,_ _._,........ ';~~,__';..!~,. :.:'~.~ '.-~, " ' , ' ,", " , ' -" " 'I' . .<4 .__......"..~_.~.... _._..;..__,:....._____...:...'___,~.~_...~.~..._.."., -;....,.~..~,"';._ ,...-_.__,.___ .. _.....~.- ICPL BOARD OF TRUSTEES October 27, 1994 PAGE 4 discuss this issue with the City Attorney. The Board voted unanimously to approve the signing of the contract by Greenleaf. Singermanrrraw Recommended changes to Fines for Overdue Videotape Players. The Board reviewed the proposal from Spaziani included in the packet and voted unanimously to increase the fines for overdue videotape players to $10.00 per day. Moyers/Cox / ADJOURNMENT: " The meeting was adjourned at 6:00 pm. Cox/Spencer Minutes taken and prepared by Martha Lubaroff. I D ! i,: .r; r~I' \~ -1 r1 I · ~ ~ j I ' i I ! II II I ! I I " I 'f:~ ' II"" ' ~ ~.'I'"",:,' f: gl'r' II 1;" ,,:I; ~ : ....... ,[ I I {~ 0 ".n_ .- '.,' ~ ,- ~--' ,)'"'''''' - ,", """"'"''','>~,,::':''''''' \:,\,'" '" 'I'~ 1" ,-:' ~,,,~ "".""".J'."" B 0 .i J' u~, JgJt~' , .... ~\J \j] .,..........., J' [ I ~"': ~'~ r::-" ; i ~ \, ( \ } I t.1 ! ': I:, I I! . I II I Ii , I , , , I ! , Ii , I if I I' i! ' II ,i J t ~L:: , (" .. T : 0 :\, , ~--, \" j .> , "t' ',',\1,: , 1 "- ,.' . t" .. , n_ _ ,_.,...,'~'.., ", . "....,......-.. MINUTES IOWA CITV PLANNING AND ZONING COMMISSION THURSDA V, NOVEMBER 3, 1994 - 7:30 PM CIVIC CENTER COUNCIL CHAMBERS PR~LlM'NARY .~\ I ~ fD APJIIOfal MEMBERS PRESENT: Ann Bovbjerg, Dick Gibson, Jane Jakobsen, Tom Scott, George Starr MEMBERS ABSENT: Pete Cooper, Sally Dierks STAFF PRESENT: Holecek, Miklo, Rockwell, Haring RECOMMENDATIONS TO COUNCIL: 1, Recommend approval, on a vote of 4-0-1, with Scott abstaining due to a conflict of interest, to rezone an area located generally along Fairchild and Davenport Streets between Dubuque Street and Dodge Street, and in the 200 block along Bloomington Street, excepting RM-44 zoned properties along Dubuque Street, from RM-12, Low Density Multi-Family Residential, to RNC-12, Neighborhood Conservation Residential. 2. Recommend approval, on a vote of 5-0, of the preliminary and final plat of Village Green, Part XIII, including a resubdivision of a portion of Village Green, Part III, an 11.57 acre, 17-lot residential subdivision located east of Wellington Drive, subject to City Attorney approval of legal papers, including a sanitary sewer agreement, and Public Works approval of construction plans prior to City Council consideration of the final plat. 3, Recommend approval, on a vote of 5-0, of an ordinance to amend City Code Sections 14-6B-2 and 14-6E-8 to permit restaurant carry-out uses in the CB-lO zone, CALL TO ORDER: Vice-Chairperson Bovbjerg called the formal meeting of the Planning and Zoning Commission to order at 7:42 p.m, .!' PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ZONING ITEMS: 1, REZ94-0015, Public discussion of a City-initiated application to rezone an area located generally along Fairchild and Davenport Streets between Dubuque Street and Dodge Street, and in the 200 block along Bloomington Street, excepting RM-44 zoned properties along Dubuque Street, from RM-12, Low Density Multi-Family Residential, to RNC-12, Neighborhood Conservation Residential, Rockwell said staff had no new information to report on this item, other than having received one more letter of support as well as an indication of support, and one additional indication of opposition to this rezoning. Staff continued to recommend that the RM-12 zoned area located along Fairchild and Davenport Streets between - ~ ~ ~.~ ':1 ~ ~ ~_' 0 )J ~lI-\ I ,m /s ' uD ~1(,L} I , r' l\ ..' ,,,J , .,Y~~~j"ll: , , .> , '~t \ I , "''t , ~ '.., . " Planning & Zoning Commission November 3, 1994 Page 2 Dubuque and Dodge Streets, and the 200 block along Bloomington Street be rezoned to RNC-12, Neighborhood Conservation Residential zone. Public discussion: Pat Eckhardt. 514 N, Linn Street, reemphasized points made in her letter supporting the City on this item. Eckhardt said she feels this is an important step toward saving the neighborhood. She only wished the rezoning had included Dubuque Street as well. Nancv Parker, 326 N. Linn Street, a Northside Neighborhood Association Board member, said both she and the Board are in solid support of the rezoning proposal. She reported that a recent survey taken in the Northside Neighborhood found that 66 individuals/households were in favor of the rezoning plan, and eight were opposed, Joni Kinsey, 423 Church Street, said she was the initiator of the Church Street rezoning to RNC-12, and wished to reiterate her support for this rezoning as her house backs up to this zone. Kinsey submitted a letter to staff from the Friends of Historic Preservation, which stated its support of the rezoning. r- 0, Clarence Leichty, 2710 500th Street SW, Kalona, said he is opposed to the rezoning. Leichty felt the rezoning is a downzoning. He said when a property is downzoned, the property owner is the loser. Leichty said the zoning change is premature and is overreacting, because it isn't feasibly possible to build a multi-family dwelling unit in the present RM-12 zone. The density requirements are too low and the costs are too high. Leichty asked why part of the 200 block of East Bloomington Street falls in the RM-44 zoning. Leichty felt the line should be redrawn to include the remaining part of the 200 block of East Bloomington Street, and not think of this as a buffer zone. Leichty said this area is too close to downtown to be considered for an RNC-12 zoning. Leichty said approximately 90% of the property owners in this block haye indicated they do not wish to be included in this rezoning, Leichty said if the Commission was considering approval of the rezoning, he wanted his property to be exempt from this zoning change. ,.\ " .~~.. . 1 1 \ \1 \" "1 ~1' ,. I Eleanor Steele. 311 E. Fairchild Street, said she has an investment within the area in question, as well as being a homeowner within this area. Steele said she has renovated the house she lives in, because she believes in the neighborhood and feels it is an area worth preserving. Steele felt this rezoning could not come too soon, because developers, recognizing the impending change, are running to get develop- ments underway. ! :r 'i'> I ~~ "~: J Dennis Nowotnv, 512 Washinaton Street, said he is in opposition to the rezoning. Nowotny referred to the land use survey figures staff had presented. Nowotrw said that if the 62 % of the lots that are owner-occupied is multiplied by the 54 % of the lots that contain residences of single-family homes, only 33% of the lots are owner- occupied. This would mean that 66% of the lots are rental properties. Nowotny said he is not sure that 66 % of the owners of these properties are interested in having them downzoned, Gibson asked staff if these figures have been accurately represented. Rockwell said Nowotny had not included duplexes in these figures. Gibson said a numerical figure cannot be generated from a percentage times percentage calculation, but he understood Nowotny's point. Miklo added that the land '~~ 'r,),,\I.>J:'i" ~:' ,,,.... ~,; ~,~~ iil.~t~ L.__ ~~ ~ ~ ~_._' _. ~ :' o~ ~J 'G''''''-- ,"' . '. ...- I I ~ ! , " ~[J .1J,~"il , . .> . '.~. , .\, I ,,\,': , .. , -, ,.' :: ' , - Planning & Zoning Commission November 3, 1994 Page 3 use survey was concerned with the use of the land, not whether a structure was owner or renter.occupied, Miklo also said that a number of the petitions that were returned were from absentee landlords, who indicated support of the rezoning, Wallv Plahutnik. 430 N, Gilbert Street, said he had heard mention tonight that this zoning change would be a downzoning, yet he had read the staff report several times and had not come to this conclusion. Plahutnik asked who was correct. Rockwell said that any multi-family or duplex use that is presently conforming would continue to be conforming under the new zone. These conforming rights continue with the property even upon transfer of ownership. Rockwell stated as a clarification about nonconform- ing uses that a nonconforming use discontinued for more than a year could not revert back to its previous use if that use is greater than what is allowed by the RNC-12 zone. ~ ., r ..\ "...,,,, C ' Leichty questioned the accuracy of the information that had been presented to him, as well as the knowledge of the Commission as to what this rezoning actually entails. Leichty asked for a deferral of Commission action until these issues have been resolved. Starr asked what Leichty meant by a misrepresentation of information. Leichty said that one of his two duplexes has been described as a multi-family dwelling in staff information, Leichty said a structure he owned was originally a multi-family I unit, but has since changed to a duplex. Rockwell said the City Assessor records were 110 reviewed, and then cross-checked against the City's rental permit records. A field survey was also conducted. She said although staff could not be certain that all the land uses presented are correct, Rockwell felt a thorough job had been done, and the resulting figures were largely representative of existing land uses in the area, Rockwell said that the records show that Leichty has two properties on Bloomington Street, one a duplex and one a multi-family complex with three units, Miklo said that one'of the reasons for the discrepancy may be that the primary source of information for the survey was the City Assessor's records, which showed the unit as multi-family at one time, and recent conversions may not have been recorded yet. Rockwell felt if anything, staff estimates of single-family and duplex occupancy rates are conservative. The field survey revealed a number of multi-family or duplex structures that had recently been converted to single-family owner-occupied structures. These conver- sions were not yet reflected in the City Assessor's records. \ ~'-01 , I 1< , I I I Leichty said that the line on the rezoning map include properties on East Bloomington Street near Dubuque Street in the RM-12 zone that are zoned RM-44 and should not be included in the rezoning. Miklo said that the properties that front Dubuque Street are zoned RM-44, and those that front Bloomington Street are zoned RM-12. Miklo said in fact, there is a property on Bloomington Street that was recently torn down. The owner had to conform with the RM-12 requirements for rebuilding. Leichty said there are four properties which front Bloomington Street that are zoned RM-44. Gibson said even if there was an RM-44 property on Bloomington Street, this would not be included in the rezoning as the rezoning specifically states only the RM-12 properties would be rezoned. , . . , ! ~,', ,1'1 , ( \0. ..1 .~, t~" '.' 0.::~ '--.- (~:. 0 :,-- .. ... ""'I'''' ,. ~ ,vr ~ ' - , o,~J J.7(,Lf \' ~ Jj , ~O " ;:'~ffi!'- ;"', ,.> . '~t: \' , " " . -- , ". ..' . :~ ' ", .......,-",., ,.,.. " '.."A,',',..',-. ""''''',''''" ",..,..."........,.,..,---',- Planning & Zoning Commission November 3, 1994 Page 4 Steele said the property in which she lives and had converted back into single-family use, was originally multi-family and could not be reconverted back into multi-family due to the time lapse. Steele said since they had moved there in 1990, she believed five structures in her block have been converted back into single-family homes. Plahutnik said the question the Commission members should ask themselves is whether they feel the conservation of the neighborhood is valuable or worthwhile to the City. Eckhardt said even though the rezoning does not establish a historic district, there are not many neighborhoods remaining in Iowa City that contain this number of structures built between 1890 and the 1920s. This is an area worth conserving. Eckhardt added that as the land is so close to downtown and the University, there are development pressures and developers want to redevelop the property, Eckhardt said she also lives In the neighborhood, and also owns two other duplex structures, one of which was converted from a duplex to a single-family residence. ,r.'.' [ \ \ \ \ '. , " ,._,;'1 t:," ......-,': ; ( ., li,I I' ,). , \' ~~ , I I" II, il I " . II i I i I ' ,i Ii I I~' II I ". ' J )1, 0-....--:.. ..." , 'I '" . ~ 'h ,. ,,",', ~ ~':; "i ~ ii,,", " t.' 1,1 I' ,. Lw......--l Leichty said the staff report specifically states this is a downzoning. Leichty felt staff was pulling the wool over people's eyes. Leichty thought this downzoning would hurt the sale of property. Gibson responded that new multi.family structures would not be permitted, and in that sense the rezoning could be considered a downzoning. He said what exists can remain and continue in use in the RNC-12 zone, and in that sense it was not a downzoning. Rockwell concurred with Gibson's statements. Leichty added that it has been consistently stated that this is not a downzoning, yet the information provided by the City states that the RM-12 zone allows two persons plus two roomers, and the RNC-12 zone allows a maximum of two persons plus one roomer. Rockwell said this information on duplexes is correct, but applies only to new duplexes, not existing duplexes. Public discussion closed. Gibson asked that staff run back over the calculations derived by staff research. Rockwell reviewed the figures. In reference to the request raised earlier that this item be deferred due to Commission confusion, Bovbjerg said many of the questions raised by the Commission regarding conforming or nonconforming uses were not so much because the Commission did not understand, but were asked as points of clarification for the benefit of the public. MOTION: Jakobsen moved to approve the rezoning of an area located generally along Fairchild and Davenport Streets between Dubuque Street and Dodge Street, and in the 200 block along Bloomington Street, excepting RM.44 zoned properties along Dubuque Street, from RM-12, Low Density Multi-Family Residential, to RNC-12, Neighborhood Conservation Residential. Starr seconded. , Gibson said he was going to vote in favor of this rezoning, because a strong display of support had been shown by owners of owner-occupied residences in this area. To an extent, his support had to do with the physical appearance of the area, which is perceived as single-family, regardless of the number of actual roomers in each structure, Gibson added a large number of residents of single-family homes have stated their desire to remain in the neighborhood. c-,-r '., , --~-- -- ~?bl.f ,.. , tJ.~1 . -'''''fr -' -r ~-- .', 0-4.)~ I 0, ,'~ ,I., _". Z,?,&i ,-' ,( r--.'...\ , , \. ~ , I I , I" I ! r i '., I : i \ ~~ "'ij~'" " -, ""'1 .,' "'1 il)i,:~ L_ G- ; i , . ,~~' , "\\1" ., ~ " ... . ~_../ .~ , - Planning & Zoning Commission November 3, 1994 Page 5 Jakobsen said she is in favor of this rezoning as well, as she was involved in the framing of the Comprehensive Plan when this area was downzoned to RM-12 in 1983. She felt the interests of the community and area had not changed significantly since that time. Jakobsen also felt the area has the ability to provide affordable housing that Iowa City desperately needs. Starr said he too is in favor of the rezoning and does not feel that a significant change in the use of the area will result. Starr also supported the idea of conversion of multi- family structures, a higher density use, back into single-family or duplex units. Starr felt this was an area of town deserving of neighborhood preservation and conservation. Bovbjerg also supported the rezoning and said the appearance and use of the land in this northside area is deserving of preservation. The motion carried on a vote of 4-0-1. with Scott abstaininQ due to a conflict of interest. 2, REZ94-0014. Public discussion of an application submitted by Lake Calvin Properties for a rezoning from Medium Density Single-Family Residential, RS-8, to Factory Built Housing Residential, RFBH, for 61.96 acres of land located south of Whispering Prairie Drive. Q Miklo said this area is included with an area that was annexed and rezoned in August of this year 11994). The area included 15 acres of Medium Density Multi-Family zoned property IRM-201, 84 acres of Factory-Built Housing property (RFBHI, 62 acres of Medium Density Single-Family property IRS-8), ten acres of Low Density RM-12 property and an ID-RM zoned property, and 190 + acres of RR-1, Rural Residential property, which contains a conservation easement. The area under consideration for rezoning is the 62 acre, RS-8 zoned area. Miklo said that with all rezonings, Comprehensive Plan land use compatibility and infrastructure concerns are evaluated. In this case, the Comprehensive Plan designates this area for low density single-family development, which is generally 2-8 dwelling units per acre, Miklo said if this rezoning is to be consistent with that policy, the Conditional Zoning Agreement for the proposed rezoning should limit development of this property to eight or fewer dwelling units per acre. Without conditions, the RFBH zone allows approximately eleven units per acre. In terms of land use compatibility, Miklo said staff has some concern that this is not an ideal location for manufactured housing in that it occurs immediately adjacent to a medium density single-family zone and there is no natural transition, such as an arterial street right-of-way or a natural open space buffer, as seen in many of the newer mobile home developments. If the requested RFBH rezoning were to be approved, staff recommended that some sort of transition be developed between the RFBH development and the Whispering Meadows development immediately to the north. This transition could be achieved with a landscaped open space. Miklo said another concern is that the Whispering Meadows subdivision was designed to continue to the south in a conventional subdivision pattern. This would include the continuation of Whispering Prairie Drive southward to the proposed parkway on the south side of the Sycamore Farms RS-8 zone. Miklo said staff recommended that the ~1b~ ~~ "' - -'~. It ~:" ., '._ 0 ,) i i 0, :') iWJiWJ .--.,~ c; C'";,,,:\ \1 \.; r".;",... ( \, N , I . I i I . , i ~'; ; I' , ~~",,;:, ", r :C- 0 ~?"'4 I .:' ,;;. ,..., .."J ., \"1 , , "? .' :'\\1,:. . ',.. \ '., . .,'" _.,-. ._:~. ' -, ," _ ..~ '.,~" .__M'M._',' ..,..',.,'''"-.'.........'____..'_..,_~ ..__ Planning & Zoning Commission November 3, 1994 Page 6 rezoning include a condition requiring the area to be subdivided to ensure the street continues through, and to ensure that the character of the subdivision is similar to that of the Whispering Meadows IRS.8l subdivision to the north. Miklo said that in terms of infrastructure, if the density is limited to eight or fewer dwelling units per acre, the load on the infrastructure should be similar to that of the existing RS-8 zoning. In terms of the street network, Miklo said staff felt it was important to continue Whispering Prairie Drive to the south and connect it to the parkway. This would ensure a street network that allows traffic to circulate smoothly in this neighborhood and this part of the city. Miklo said this is another reason for the proposal that a subdivision requirement be placed on the property, In terms of environmental concerns, Miklo said the Commission should be familiar with all of the discussions that had occurred prior to the recent annexation of this property, and the requirement for mitigation plans for each separate subdivision development. Staff recommended that those conditions be carried over to this rezoning. Miklo said the question had been raised that should this rezoning be approved, it would place a large percentage of RFBH zoning in this quadrant of the city. Miklo said he had reviewed some figures, and currently the city has approximately 210 acres that are zoned RFBH. Of these 210 acres, 139 acres are located in the Bon-Aire development and in the Sycamore Farms development area, If 62 additional acres are rezoned as requested, there will be a total of 201 acres zoned RFBH in this one location, Out of a total city-wide 272 acres, 77% of the total RFBH zoning will be located in one contiguous land mass compared to 66% of the total RFBH zoning that is currently in place. Miklo said although the Comprehensive Plan does not have a policy regarding the scattering of RFBH zoning, this is an issue of concern. Miklo said although this is not an ideal location for RFBH zoning, staff reluctantly recommended approval of the rezoning. Staff realizes the difficultY in locating suitable property for RFBH zoning in terms of topography and location, Miklo said staff recommended approval subject to: 1) design and implementation of a landscaping plan for the site with special emphasis on a buffer strip and vegetative screening along the north boundary of the site; 2) the density of development shall not exceed eight dwelling units per acre; 3) the requirement that development of the property shall be subject to subdivision approval including the extension of Whispering Prairie Drive to the east-west parkway along the southern boundary of the property; and 41 compliance with all conditions contained in the Conditional Zoning Agreement recently entered into by the Sycamore Farms Company. Jakobsen asked if the 45-day limitation period had been extended. Jim Miller of Sycamore Farms verbally agreed to extend the 45-day limitation period to November 17, 1994. Miklo asked that Miller provide staff with written confirmation of this extension. Public discussion: Randv Moore, 4322 Daniel Place, wished to reconfirm his observation that except for two small parks by Interstate 80, there is a high concentration of factory-built housing in the southeast quadrant of the city. Moore would like to see expansion of this type 'f -" ... _::~~~ 0')' ~' , .. ID,. " ,~~' "\.,...'~'.J,' , , , . '~t; , ',\1.'. " , ..' " :,' . " .......'",..".,.,..,._,..,.- ,.,.,4,_ Planning & Zoning Commission November 3, 1994 Page 7 of housing outside of this quadrant and asked the Commission to strongly consider the implications of the concentration of this much manufactured housing in one area. Jim Miller, 505 East Burlinqton Street, co-owner of the Sycamore Farms development, said he had been asked to explain why Sycamore Farms desires to make this zoning change. Miller said the Sycamore Farms annexation and rezoning had been a lengthy process, going on two-and-a-half years since initiation. The developers all along have had the goal of providing affordable housing for the community, The principal tool of measurement for this need was the CHAS report compiled by the City, Miller said Sycamore Farms wanted to provide an affordable alternative not only for those looking to buy a home, but also those looking to rent housing or rent a lot on which their owned home can be located. Miller said it is a huge order to put these factors together and intend to make a profit. The reason that few people are involved in affordable housing is because little money is made in the process. Miller said this project is very sensitive in that perspective. He said it is very evident that developers tend not to latch onto affordable housing without subsidies, which Sycamore Farms did not ask for. r ( \, '::C), r ' Miller said Sycamore Farms came before the City last April with a sketch plan for the RFBH portion of the tract. The proposed development only consisted of lot sales, which meant that not only could the mobile home, but also the lot could be owned by the occupant. Lending was backed by various lending institutions, which meant the home owner could build equity and have the pride of home ownership at the same time. The plan submitted in April also consisted of lots that could be rented; more of the traditional mobile home park style. After submittal of this plan and getting hung up on some infrastructure issues, Sycamore Farms decided not to detour from their original intent to provide both rental and owned lot sales, and submitted a subdivision plat. Miller said he could tell the Commission now that Sycamore Farms would be withdrawing the subdivision plat. o I \ ~ , ( : i ,I, , I I I Miller said that over the entire two-and-a-half years of discussions concerning Sycamore Farms, no one had mentioned that 80 acres of rental manufactured housing units, as is under consideration on the Green View site, was needed until the Wolf annexation came to light two weeks after the Sycamore Farms annexation was complete. As the Planning and Zoning Commission appeared to be expressing its support of the Green View site, despite much public opposition, Sycamore Farms felt it was necessary to reaffirm its commitment to provide affordable housing for the community in this delicate balance of rent versus buy. Miller said Sycamore Farms intended to provide for the community roughly the same amount of space the Green View site would provide, but had considered the elimination of the lot home sale concept in the process. , 'f I i'u ! , : I , , , , \ ~, Miller said few people are involved in the lot home sale process and few of the people who have done it have been very successful. Sycamore Farms has reviewed the reasons for lack of success over and over, but remains committed to giving it a try, because they feel it will work. Miller said Sycamore Farms is also still committed to giving the City what it wants, which apparently is lot rentals. Miller said that lot home sales work in the RS-8 zone, but there is a restriction as to the width of the home that is allowable; the RS-8 zone does not allow a single-width unit. For this reason, Sycamore Farms is requesting the RFBH zoning. The RFBH zoning will allow for not \'~" ~' , " , l:,f, " ~1'1: L._ C.~" . 0 """._--"",.---~ ... ......~,. ~ -. -- --. r1]' 0 - ~7 ''Ii I, I a ' :' 5 ~[J ,:I,l~t'~ , i -'\ [ \ \ ~ r I,; I I , , 'I" , .0:.. I' I i ~I~ '~ 'I' . '~~: I ~' I,,' j':' ',' I .> , "r' . '.\:, ~ ~ ", ". " :.' _.,- Planning & Zoning Commission November 3, 1994 Page 8 only the double-wide units, but also provide those who are currently renting the possibility of acquiring their own lot and qualifying for financing. Sycamore Farms thought this very important in its quest of providing affordable housing for the community. In regard to the buffer, Miller said this is a legitimate request for an RFBH zone, but he felt the notion of buffering was antique in terms of the "modern" mobile home park. Miller said these provide an excellent opportunity for living that many, many of our friends and neighbors are choosing. He thought it was unfair to down-classify the person who would live there and insult them with a buffer. Miller said Sycamore Farms has talked with the owner of the Whispering Meadows development. This owner does not specifically object to the RFBH development or the buffer, so long as his development would be able to counter this with some zero-lot line development to make a smoother transition between the zones. Miller said he hoped this owner would be able to attend a Planning and Zoning Commission meeting to make these comments in public. He said Sycamore Farms is willing to work with staff on the issue of buffering. Miller said the cap of eight dwelling units per acre is not an issue for Sycamore Farms as they do not intend to pack them in side by side, There is a concern with regard to the requirement for a subdivision. Miller said although the intention is to subdivide and provide lot home sales, there is some reservation by Sycamore Farms, as few people have been successful at the concept. A subdivision restriction puts Sycamore Farms in the position to decide whether they intend to follow through with the lot home sale concept. However, if they begin the subdivision process and make twenty lots available, and these lots do not sell, while at the same time the aD-acre rental park is selling like mad, Sycamore Farms needs the leniency to allow the plat to be changed to grow as well. Miller said that Sycamore Farms has every intention to subdivide, but to require them to do that will put great strains on their decision to pursue lot home sales. 10 In regard to compliance with the Conditional Zoning Agreement, Miller said Sycamore Farms has absolutely no problem with that. It provides 190 acres of green and open space for the area. He was not sure that anyone had provided this much open space before, or that many people have lived in such an environment. ' Miller raised concern about the location of the extension of Whispering Prairie Drive. Miller said that as the subdivision occurs from north to south, extension of the road is not a problem. It only becomes a problem when the RFBH zone to the east potentially crosses the line into the new RFBH zone. Miller said mobile home parks are designed as communities that are secure environments and are self-contained. If a collector street is put through the middle of these communities, not only the security, but the cohesiveness of that community is put in jeopardy. Miller said Sycamore Farms does not oppose this access from the north to south, but suggested an attempt be made to relocate this route along the west boundary of the site. a I f1 ff~:,,1 ,~ , /i (;.:'{' .;n~Lf~ I"'!;j ~ [) Gibson asked Miller to describe further the incompatibility of the concept of a subdivision with the concept of rental parcels for manufactured housing. Miller said because traditionally a rental mobile home park is a community within itself, it provides community structures for the whole of the community. Gibson said it becomes a C'o ...,-- ~: :~-' . '1- __ r ~~~'_., -- - '~o )., -.., I,..." , ;~s;ztfi ' \-' I .> . .. ~~ \ I' ',': , ~ "" ..' "" Planning & Zoning Commission November 3, 1994 Page 9 question as to whether rental units could be provided within an area in which lots are for sale. Some of the issues surrounding the concept of a trailer park are somewhat incidental. Amenities are provided, because they are not provided on an individual homestead. Miller said this is the affordability factor. Gibson questioned the need to provide all of these amenities in an area developed along the same lines as a standard subdivision, Miller pointed out, again, that a single-wide unit in an RS-8 zone is not allowable and this is why the RF8H zoning is requested. Gibson questioned why Miller would not be willing to accept the subdivision requirement for the site, and why this concept was not initially brought before the Commission last April if this is what Sycamore Farms really wanted. Miller said because of the susceptibility of the lot home sale concept to failure, and the large additional costs that would be born for developing at City standards in comparison to the small return attained from the sale of each of these units. Miller said Sycamore Farms could have chosen to build $200,000 homes and know they would make a profit, but they had decided to provide affordable housing instead. i ~ I ~ I Miller said the Green View site, a competitor, was not figured into their calculations and has since thrown the lot home sales concept for a loop. Starr asked that should the Green View site be going over well, and the Sycamore Farms site is developed at full City standards, would it be any more expensive to put a manufactured home on that lot as opposed to a park. Miller said the' cost differential between full City standards and the park concept is about $2,000 per pad, whether the lot is for rent or sale. O. , " Scott, for clarification, asked if Sycamore Farms intended to use the 84 acre portion of the Sycamore Farms development to the east of this tract as a traditional rental mobile home park. Miller said this is correct. Scott asked then if the reason for the RFBH rezoning request is the assumption that the City has identified the need for 80 + acres of RFBH-zoned land for a park. Miller said this is correct. Miller said the assumption on the part of the City has been that all alternatives for the location of this park have been exhausted. All the while, Sycamore Farms has been jumping up and down in an attempt to say that they have land to provide for the site, which is already zoned RFBH and will be a rental park, Miller said they have no intention of trying to weasel a deal away from anyone, but they have strictly followed the Comprehensive Plan, despite the costs associated with out of sequence development. Miller said the reason they had gone to the subdivision was not to compromise the rent versus sale concept. , " r ,,\ [ ~.. \ 4 I , , ~,: .' ' Gibson questioned whether the City's interest is for full design standards all throughout the subdivision, but rather merely for the road system and some buffering to the north, Gibson felt there was some room for compromise as to the necessary amenities. Scott suggested that Sycamore Farms consider taking the 84 acre tract to the east and splitting this tract such that the majority is used for rental sales, but set aside a portion on the west side of this that borders the tract under consideration, and use this portion to test market the lot sale concept, prior to locking into anything on the RS-8 zoned tract. Miller said this is a viable concept, and a concept similar to that which was originally proposed by Sycamore Farms, but that may leave the City short in what it perceives it needs in rental lots, , I I 0":~ ,.~ ,'~' i"- ll. c---;--' - ....''''. . ~~ I U~. ~ o~) ~i"'t I., j In, ;'&~~~ " , c""( \ ~ : I I it' I I , , , , ! I I . I , i 1~,: ;1 (, , . I , I," ~v' '1J ):~ ;~ ,c"~r ~1~l.f 1:"'5 ' ~O, , .,. I .> . '.~h ,~ I., ", . .. ~ '-,'1' . :: . ..,..~.....' ",,_,.. ,""' ... ...'........ ,'.d, '...."' _, ..... '..,' ", "...,', "'...'n..."._ Planning & Zoning Commission November 3, 1994 Page 1 0 Gibson again stated his feeling that the tract can be developed at something less than full City standards. He felt a compromise could be reached. Scott agreed with Gibson, He said the costs are not going to be recouped under a traditional subdivision. Miklo said the primary north-south street should not be built at anything less than full standards, due to traffic circulation and emergency vehicle access provision needs for the area. However, some of the side streets may be considered for less than full design standards. Miklo said this would constitute a planned development and staff would be happy to work with the applicant to achieve this. Miklo said the other reason for the subdivision requirement was to make this proposal as compatible with the RS-B development to the north, as possible, as staff does not view this as the ideal place for an RFBH zoning, Jane Moore, 4322 Daniel Place SE, said she agrees with her husband that no more RFBH zoning is needed in the area. Moore said she is working on a letter to the Commission and is using the Zoning Map to show how many trailer parks exist south of Highway 6 and east of Riverside Drive. She said this constitutes almost all of the parks. Moore would not like to see this additional Sycamore Farms tract, nor the Green View site be used for RFBH. Rather, it should be located elsewhere in the City; some place other than the SE quadrant. Moore said the CHAS report states that some 500 people are in need of housing assistance, yet 80% of these are waiting for one and two bedroom apartments. Moore asked why the City is working for the 20% who have not said what they want, to the exclusion of the 80 %, Starr said he sees this as a domino effect. If an individual does not feel there is housing that they can get into, they consequently choose housing that is more available for a lower income individual. Rockwell said the City does not work on one front at a time. She noted there are a variety of housing assistance programs, including rental subsidies. Moore asked then whether the City currently has any plans underway to provide apartment units for the 80%, Rockwell said that the City has been increasing the number of units it provides as subsidized rental units and tries to disburse these evenly throughout the community, Moore said that is another factor that concerns her. There are a large percentage of low-income apartment units in this area as well, including the Broadway Apartments, Villa Gardens, Cedar Wood Apartments, and 424 and 426 Broadway. Moore said these locations and figures were attained from Ron Henderson, Administrator of the City's Housing Assistance Program. She said Henderson had told her that although not subsidized, Lakeside Apartments could be considered in the low-income housing category. Moore said they already have more than their share of low income people in the southeast area of Iowa City, Randy Moore suggested having Sycamore Farms meet the need that was represented for the Green View site. Moore felt a compromise could be reached between the parties, Moore felt the City should be more focused on other forms of housing. Rather than concentrating on the traditional mobile home unit, it should focus on apartment buildings, Public discussion closed. MOTION: Gibson moved to defer REZ94.0014, to the November 17, 1994, meeting of the Planning and Zoning Commission. Jakobsen seconded. '0,,),: - ," ~~". ,~- ~~~-: . . ... . , 10 I ' ',!~:i ,,~- " l ..'\ \~"\ \. , ....... ;;..~~ I ~ " I" I I : I . I~;' j : i I , " ';~ ,:I '~" i ~\~: i:;"VJ ;;l"), ,,(~, , L_~" ((- \.._~_ 0 , ; , .> . .~~ \ I '\', , ,~' ~ ::', Planning & Zoning Commission November 3, 1994 Page 11 Gibson said he is very sensitive about the concerns that have been addressed regarding the concentration of factory-built housing units in this quadrant of the city. But he noted the topography of the area is what has caused these units to be placed here in the past and this will continue in the future; it is flat and less costly to develop here, Bovbjerg and Jakobsen added that sewage capacity at the north wastewater treatment facility is another factor limiting the options, Scott said he had reviewed the requirements placed on zero lot line units in the RS-8 zone, and said that he could not see how Whispering Meadows could say they can't consider zero lot line units. Miklo said the plat is configured for single-family units, and would need to be replatted to accommodate zero lot line development. Whispering Meadows has already received final plat approval. The motion carried on a vote of 5-0. 3, CZ-9445. Public discussion of a request by Albert and Shirley Westcott to rezone a 3B.22 acre parcel located west of Prairie du Chien Road, approximately 1/4 mile north of its intersection with Newport Road from County A 1 to County RS. Scott noted a letter dated November 2, 1994, from Larry Schnittjer of MMS Consultants stating the desire by the Westcotts to defer this application to the December 1, 1994, Planning and Zoning Commission meeting. Public discussion: There was none. Public discussion closed. MOTION: Bovbjerg moved to defer CZ.9445, to the December 1,1994, meeting of the Planning and Zoning Commission. Gibson seconded. Scott said that the Westcotts were requested to defer this item by a member of the Johnson County Board of Supervisors, pending the resolution of the Fringe Area Agreement dispute, The motion carried on a vote of 5.0. ANNEXA TION/REZONING ITEM: 1. ANN94.000B. REZ94-0013. Public discussion of an application submitted by Windsor Ridge Development Co, to annex a 3.05 acre tract located north of American Legion Road and west of Arlington Drive and rezone the property from County RS, Suburban Residential, to RS.5, Low Density Single-Family Residential. Rockwell said the primary impact of the proposed annexation is to narrow the peninsula of the County land connecting the Weinstein property to County land south of American Legion Road. Rockwell said the narrowing of the land will not create an island of county property within the city. When the Commission and Council considered the annexation of the 240 acre Windsor Ridge tract, the county connection ~' , b ! ~1~~ n'T~lI - -"." ~ -.,~- --- or)' '0 I ~ lJ. ,.:-') ~u"li\j' ,C' ,,_,,<I C I \ I , 1 \: \", ,~j r,""''ll " ( ~ l i , I . I I I~~; I I .. I ! ~,,,::' ... ; ~.I , n ), ll[~I:"',", " f'll , ".. ' ,'. -...... c-o ~ --- ~1~q I ,,:j , .. " i .> , '~t" '( ',\'~ , .. , .. '...., Planning & Zoning Commission November 3, 1994 Page 1 2 between the Weinstein tract and American Legion Road was considered to be Owl Song Lane, which was 50 feet in width. What is now under consideration as a connection is the right-of-way of Arlington Drive, which is 60 feet in width at the north end of Tract A and widens to 80 feet where it connects with American Legion Road. Rockwell noted the State Code has changed, It now would permit this annexation to take place without City Development Board approval or jurisdiction. There is also a new 20% rule in the State Code which states that consent of 80% of the subject landowners will suffice for approval of an annexation. Rockwell said the narrowing of the peninsula will not change the amount of protest property should an involuntary annexation of the Weinstein tract occur in the future. Rockwell said staff recommended that the proposed annexation of the 3,05 acre tract located north of American Legion Road and west of Arlington Drive be approved, Staff also recommended that the proposed rezoning of the 3.05 acre tract from County RS to RS-5 be approved, subject to the developer agreeing to pay all costs associated with providing infrastructure for development of the subject tract, and screening of the lift station on the south from American Legion Road. Rockwell said there had also been discussion about binding the City, the developer and the Weinsteins to preclude involuntary annexation of the Weinstein tract. As to the question of whether it would be a legal or illegal to include such a provision in the conditional zoning agreement, Holecek said this would not be illegal, but counsel did not advise it. She said it may create more problems for the City in the future without necessarily solving the problem intended to be addressed. Public discussion: Alan Weinstein, 3880 Owl Sona Lane SE, said there appear to be only three parties interested in this annexation: the developer, the City, and himself. Weinstein said Karin Franklin was asked at the last public meeting if there was any way the Weinsteins may be adversely affected through involuntary annexation. Franklin said yes, and described the 20/80 State law, saying it is conceivable Weinstein may be adversely affected, Weinstein said he had called Steve McCann of the City Development Board and asked him if this proposal was to go before the City Development Board today, did he feel the Board would see the situation any differently. McCann asked why, as the Iowa Code Section 368 had not changed, and the unwritten Board policy interpreting 368.1 had not changed, Weinstein said McCann's view was there would be no change on the part of the 80ard. The Board would still wish to keep the peninsula 200 feet wide. Weinstein said he was comforted by the fact that someone at the State level was looking after his interests and had required the 200 foot width, Weinstein said he was not comforted by this requested change to a reduced width. Starr asked the rationale for the width expansion by the City Development Board. Rockwell said the main concern seemed to be about emergency service provision and whether there would be some confusion as to where City or County vehicles would go, Rockwell said the City's responses to these concerns are included in the Commissioners' packets. One member of the City Development Board seemed to think that making the peninsula wider would make it more clear that the Weinstein property ::: :"" ... , .... o ).", ~~.~ - ~. , ~ ~ I , , ~o, :TUWi:3 ,-, , ,.\ " C-'\ \ ~ : I I" I I , . " : .~" I" I. . I , ~ \ -J .C~ ;'~~;" /: . ,"l'i',,', r"', , ' P I ",- I ,- It 0 ~'7bq j' /.t.. .. "I , , , , '~t~, ( \" " , " " . :,' , Planning & Zoning Commission November 3, 1994 Page 13 is part of the County, Starr clarified that not permitting a road to serve as a county connection, or be considered a peninsula was an "unwritten" rule of the City Development Board. Rockwell said yes, and as the Chair had previously pointed out, the City Development Board has not consistently followed this unwritten rule. Garv Watts, 4988 Lower West Branch Road, developer of Windsor Ridge, requested that both the annexation and rezoning request be deferred indefinitely. Public discussion closed. MOTION: Gibson moved to defer ANN94.0008. REZ94.0013, indefinitely. Jakobsen seconded. Watts verbally agreed to a waiver of 45.day limitation period and said he would submit a letter to that effect to Planning staff. The motion carried on a vote of 5.0. DEVELOPMENT ITEMS: 1. SUB94.Q014, Public discussion of an application submitted by Village Partners for preliminary and final plat approval of Village Green, Part XIII, including a resubdivision of a portion of Village Green, Part III, an 11.57 acre, 17.lot residential subdivision located east of Wellington Drive. Miklo said the Commission considered this particular subdivision several months ago under the title Village Green, Part XIII. Subsequently, staff discovered that a portion of that plat subdivided in 1972 was designated for open space. The legal papers for that subdivision indicated the open space would at some point be dedicated to the Village Green Homeowners Association. That dedication never occurred and the property along with surrounding farm land was eventually sold to another developer. The land was sold again, This time it was purchased by Village Partners, the current applicant for the subdivision, Miklo said City legal staff has received some information from the applicant's attorney regarding a possible statute of limitations. Due to the amount of time that has lapsed, it appears there is no requirement to turn this land over to the Village Green Homeowners Association. Therefore, the applicant could proceed to subdivide this property. Miklo said the resubdivision includes one multi-family lot, or OPDH lot, and sixteen single.family lots. The preliminary plat was reviewed earlier by the Planning and Zoning Commission. Miklo noted there are some issues to address concerning sanitary sewer capacity in the area, including the improvement of the Heinz lift station. This will partially be the responsibility of the applicant. The applicant will reimburse the City for a portion of the cost of these improvements and the legal papers should specify the developer's obligation in this regard. - -- . .."',"".-,' ""r , '-'--:' -,' 0 ] ,.' , ...,-,Q o , ~O, :,,~~j ,,.....-.... J ,--".;1 \\ ~~ y,:.;:.. , " j " '\ \ />1 I , " I I i I : I I ! I i I i '\ , 11'('" : 'I' i i ) ,-1_,; ~"" .." ..,' I' j,. 61i' '~""'" F~1~"., ..-'\" ,Y" ,-'~'""-, ,~~ ~,.,~Lt I' It ,J "'. ,.' ..,. , \" i , . .~~; , ,\J" ,', . ~ '-, . ,^ ....- :~, ,..:.. " , ..__._, ,~, .... ,_" "'_,0>, ',~ ...' ..., _" , "-- ,. ....~. ' " ..',..' ",'''''' "'..... .'. Planning & Zoning Commission November 3, 1994 Page 14 To improve stormwater drainage on individual lots, Miklo noted the applicant is proposing a groundwater drainage system. The legal papers should specify that sump pumps will discharge into the storm sewer system or the groundwater drainage system. The legal papers should contain a provision prohibiting discharge of roof drains into the groundwater drainage system. Miklo stated Lot 25 contains two private streets. Because the sidewalk adjacent to Somerset Lane is immediately adjacent to the curb, the legal papers should specify requirements for the removal of snow from the sidewalk. Miklo said staff recommends that the preliminary and final plats of Village Green, Part XIII, including a resubdivision of Village Green, Part III, be approved subject to City Attorney approval of legal papers, including a sanitary sewer agreement and Public Works approval of construction plans prior to City Council consideration of the final plat. Holecek said that the City Attorney's office is satisfied that the Homeowners Association rights have lapsed. Through the title opinion process and based on communication with the developer's counsel, Holecek felt appropriate due diligence had been exercised. Public discussion: Richard R. Rhodes, 2014 Rochester Avenue, said regardless of the legal implications, as an advocate of open space, he felt there was a moral obligation to honor the agreement. Rhodes said there are people who should have been aware of their rights, but were not informed of these rights. Public discussion closed. MOTION: Starr moved to approve the preliminary and final plat of Village Green, Part XIII, including a resubdivision of a portion of Village Green, Part III, an 11.57 acre, 17- lot residential subdivision located east of Wellington Drive, subject to City Attorney approval of legal papers, including a sanitary sewer agreement and Public Works approval of construction plans prior to City Council consideration of the final plat. Jakobsen seconded. Bovbjerg said she is frustrated about the loss of open space that will result. Miklo pointed out that it was a private, not public, parcel of open space and would not have been controlled by the City. Bovbjerg said open space is open space. Scott said this is part of a larger development the Commission has examined in the past. He said the north portion has connecting trails and there is private open space in the center. Scott said he is reasonably satisfied with the open space provisions of this particular tract. The motion carried on a vote of 5.0. _~ 'M ~~_ -,- - 0...1\ f" , . ~ll ~7~'t I '"1 ~, ", .' ;' , _;';,~\illl ". 0"\1" ~ . . , , . ~ " . :: ' Planning & Zoning Commission November 3, 1994 Page 15 2, SUB94-0007, Public discussion of an application submitted by Sycamore Farms, Inc, for preliminary plat approval of lake Calvin Estates, a 42.56 acre, 113 lot residential subdivision located south of the intersection of Heinz Road and Highway 6. Scott said the developer has requested deferral of this item to the December 1, 1994, meeting of the Planning and Zoning Commission. Public discussion: There was none. Public discussion closed. MOTION: Gibson moved to defer SUB94-0007, to the December 1. 1994, meeting of the Planning and Zoning Commission. The motion carried on a vote of 5-0. CODE AMENDMENT ITEM: 1. Public discussion of an ordinance amending City Code Sections 14-6B-2 and 14-6E-8 to permit restaurant carry-out uses in the CB-1 0 zone. Miklo said staff recommended approval of this amendment, which will allow restaurants that have less than 50% of their floor area devoted to seating. The primary consumption of food would be off-site, and the hope is that most food would be purchased by pedestrians who will carry food off-site. Public discussion: ,L r ' There was none. Public discussion closed. \ a!I r : i' I I I" , I I I MOTION: Jakobsen moved approve the ordinance to amend City Code Sections 14- 6B-2 and 14-6E-8 to permit restaurant carry-out uses in the eB.10 zone. Bovbjerg seconded. Jakobsen thought this was an interesting concept that works well in Europe. She felt it would go over well in Iowa City, Scott said many of us are excited about this concept. ' : , The motion carried on a vote of 5-0. , , I 1,' i'{', CONSIDERATION OF THE MINUTES OF THE OCTOBER 20, 1994, PLANNING AND ZONING COMMISSION MEETING: : I ~ \,j '~~ "Pf MOTION: Bovbjerg moved to approve the minutes of the October 20, 1994, Planning and Zoning Commission meeting, as printed and corrected. Starr seconded. The motion carried on a vote of 5-0. ':.(;1,'" f.'"" \:, 1 ~L L,_. :(~~~' ,..- .. ~- ~ ~- .-- -0 ~~ , - ..' I I I '0 I , ~ [J. ,WJW.l .r: .....:.1 ('<t .-....J r"" ~"'"?'" I " I , ' I I . I I , I ! I I ! I :: I I., ! ,~,: , I' ~1) \" I l'li" I:' " r;!I; fr~ L...\~ ",,(''''''''~'''''''' "-- " ------ ~1~lf I '~ " \' '.,' .' r i' " .> . ~t'-.~'t ': '\ ...., . :~ " .. , , .-,".~.,....._--,,_..~_.......,_.,_.._,...' -,...".,,-.-,.-. __,...' ,,'...,.,.'.'.....'n'_ _ Planning & Zoning Commission November 3, 1994 Page 16 PLANNING AND ZONING COMMISSION INFORMATION: Miklo said staff will be forwarding a memorandum, which will outline the process hoped to be followed on the sensitive areas overlay zone. This includes the establishment of a seven member committee with two members from the Planning and Zoning Commission, two members from the Riverfront and Natural Areas Commission, a developer, a representative of the environmental community, and an at-large member of the public who is hoped to be selected from a neighborhood association. It is anticipated the committee will meet monthly initially, and then go to two meetings a month as work on the ordinance progresses. The target is to have a proposal drafted by next spring and have it before the Council in June of 1995. Starr and Scott are the Planning and Zoning Commission representatives to the sensitive areas overlay zone committee. Jakobsen referred to the article that was recently published in the Iowa Citv Press-Citizen regarding the encouragement of bicycle use. Jakobsen said this is great, but she wished that City ordinances regarding lighting and reflectors would be enforced as few have lights or are adequately reflected to be seen at night. Scott said he had three conversations, two with staff and one with the Mayor, concerning the potential meeting between the City Council and the Planning and Zoning Commission on the Fringe Area Policy Agreement. Scott said it was the intention of the Commission, in part, to force the issue at both the City Council and County Board of Supervisors' level to reactivate the Fringe Area Committee. The goal is to hold the public hearing on the Fringe Area Policy Agreement in mid-to-Iate January and have it at the Council and Board of Supervisors' level by mid-to-Iate February 1995, Scott said he is requesting that he and Commissioner Gibson continue their work on the committee, Scott said from his discussions, he feels a commitment has arisen on the part of both parties to seek revision of the agreement, and that it is in the best interest of both parties to do so. Scott said that it was specifically suggested to the Westcotts by County Supervisor Don Sehr that they defer the rezoning of this tract, pending the resolution of the Fringe Area Policy Agreement. It is implied that any items received by the City and County that concern rezonings or development in conflict with the Fringe Area Agreement will be deferred until resolution of the agreement. Scott said it was his position, on behalf of the Commission, to state it was not right to ask City and County Commissions to make recommendations knowing full well the political will was not there to support them. If the City continues to make concessions to get the best deal possible prior to the approval of rezonings and subdivisions, it only allows the political bodies to avoid making the hard and fast decisions that have to be made. Scott said he had made this statement to both Don Sehr and Susan Horowitz, and although it may not have been fully accepted, Scott feels that the parties cannot continue to operate in the current atmosphere. Jakobsen noted she will be absent November 14, 1994. Starr said he will be absent December 1, 1994, OTHER BUSINESS: There was none. g, ," :~--, '~-o'l; - - ..' , . " 10', ""',~:S:,-';'" *_ ;n!~' .' ':"-- , p ('~ \ :;,.M r.:hl. r[' I ' I 1\ I i i, i I If: l,(. ~"'" J ~'I.'",',i ... : ~' s. \~ 'iC:~' , ,.>', ' , , ':..,..', ,..:,f\\I' "',','\ ...' )'.., i;'" ,~ . ~ . ',:,'"... ".0", ..." "~"':'~~~J......,~,_~';~:~~::~~~J:,':: ',-, .~ ' >,.' , " .,'; .', , - .. " '., ,.',"" '.-,",,', ',' " ,,',,-~,--~_....-~-_.""";-'-,.- ."..' " " " , ' 1:," , .". ,,' ."'" _,", _..'-.._'.._'"."...,.....~."'.""'h"...,'~',,....,_.....""'......._~..____........:___'" ,. I I " ~1"4t ",,,,,.,'t:,:S ,..., <" Planning & Zoning Commission November 3, 1994 Page 17 ADJOURNMENT: MOTION: Bovbjerg moved to adjourn the meeting at 10:30 p.m. Jakobsen seconded. The motion carried on a vote of 5-0. George Starr, Secretary Minutes submitted by Jeff Haring. minllp&:zII.Ol I _-~ r -~ - ',~ ~ ' 7: ~ j.:..',"."'.' "", '", :;!,' ":''-'"'\''''' '(::r: :, .',",.,' 0""",,.,, .;',. , ',' " ;,.' "/', :'~,', ':', /?;,",;,,',' '" ..,..'" ,-,r,,,''',''':'' , \, ,', A \:.:;J "', ' I I I i I I I I I I " 10:, ..3:::J.,;!lJ , "j' ,r " ( .\ -" \ ' \ I:~ ( , I ' - I , , ' , I.., ~ ,(( I" I I : ( ~\i4 '1# \\~.. I~r:i~ """, .- ,;(" " " ,~. .,':' ~ " '...,.. ..' ( . :~ .. - , - .. -- ""~'-"~ '~'_"_--'-."""'_..,,- --- -.---,..--, '.. '--'.'-~". -,'. '." '" - P....AI'I/'I'III,:; i ~"NI,.(t: ~':IVV"/SS'QH RE9 u. La.R. ~ meEfnJ~ NDv'(;,,^;.,ei~, .~ I 1'11'i . "(:30 'P, m. ~it.a.se. Si9t\\ 11\1: ~o.mt~ Bcl.d.~e.ss~ K/~ /V L~ Yi- 1)U; t~ ~{^-'() ~\ Lf.4 3 (J,',A i.it ,f~. - ) ( '2,liJ5~/lr(i,,~/5(~ C\<ila:t~~, __,\!\ , Q. '. DiI .1 ' I. \ .L\L~.LA ~-JJ- I Mt" .r" (,. J, 3. I" 4. <', j~ ~. .I1u /I"flj J.r~Lv _, rp/VtI/ 1'( /!v1-1" fry ,. - 1. 4)1.!l,- P Ie h~ tl1 /k 3/( /' ..:fi iv~ (JUd &-. f () W '1 ~{II"/ ~ v . i.jJ (') /I. f.. ; I h e I (' --.!:.1~,7~ Da'v\\--e~ .~[ S C .~d{) f ~ i-A. - 8. I ~. ):">~l"t~ , ,I, ~..... !. . ,l ~ . --' . ... 10. -:' ' , ' ! C~~ II. ~-~t.~~ 0JJ ", 11. 13, {/l"1,"1I\',\/i/ }~1~~,)r ?HJ ~:L ,56R/L1 (. iI S~[,' , . ~Iq~~ i-fJ1AYt ()J c?J ) ~Ai~J ' -'\ (, /"'....1 A (-' / '( /'Y.J~r--<""~-' rtVl;--rt- III. _~-" - - '.0_), .' ~.,~q. I ~ /J ' mO .m1~" ~'{)~ .J r \ r.~ ,J , , . I , I ! , I i ,( II , , : I ~t -'1 "J "~i; ~' l;! W 'C,' _7''''''' , 0 ',,! ~<os 1/5 ~O , , -.,', :.n,\i.. , .,.. ;' ~ '0,\", , ,.' , "'..._.,__._ ",',..,_....,,,'''.,,', ._."",:"L_'_~', MINUTES IOWA CITY HISTORIC PRESERVATION COMMISSION NOVEMBER 8, 1994. 5:30 P,M. LOBBY CONFERENCE ROOM - CIVIC CENTER MEMBERS PRESENT: Kevin Hanick, Kay Irelan, Betty Kelly, Doug Russell, Ginalie Swaim MEMBERS ABSENT: Sue Licht, Jay Semel STAFF PRESENT: Kugler, Miklo OTHERS PRESENT: None CALL TO ORDER: Russell called the meeting to order at 5:36 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none, SECTION 106 REVIEW: 326 NORTH JOHNSON STREET: Kugler said that the Community Development Division is proposing to use federal funds to rehabilitate the home located at 326 North Johnson Street. Under the Section 106 review process, the Commission must make a determination as to whether or not the structure is eligible for listing on the National Register of Historic Places as an individual landmark or as part of a district. Based on a drive-by inspection of the area, it does not appear that the structure or the surrounding area would be eligible. However, the proposal appears to be in compliance with the Secretary of the Interior's Standards for Rehabilitation, anyway. Russell asked whether the structure could be eligible as an individual building, rather than as a landmark. Kugler said that he believed that the two were essentially the same thing. Russell asked what would happen if the Commission found that the structure was eligible. The proposal meets the standards, anyway, why not declare it eligible? Miklo responded that it would require Community Development to stick with the proposed work plan, and that they would be required to follow the Standards for Rehabilitation. If found to be ineligible, the --~~- , , 0,': , .. ' ,- ), : ~' " ...,.......- I , , o " " ;!:'.t:"1~1 \"1 .> , "t' ,'\{I,', , ,I,.. , ~ ....., ..' . - #..~,,:~, .:.,. .. '__"'0"."" _.'.'~ .,'~,"" '__'",',>"',' , ',' - Historic Preservation Commission November 8, 1994 Page 2 plans could be changed and the standards would not have to be met. Miklo said that the first decision to be made, however, is whether or not the building is eligible, and it was his opinion that it is not. That decision should be made independently of whether or not the Standards for Rehabilitation are being met. Russell agreed. MOTION: Kelly moved to find the structure at 326 North Johnson Street ineligible for listing on the National Register of Historic Places. Swaim seconded. The motion carried on a vote of 4-0. DISCUSSION OF CONSERVATION DISTRICT ORDINANCE: ,> t ,i,\ c-. \ Russell asked if staff had received any new information or proposals from the consultants, Landscape Research. Miklo said he had not received any new proposals from them, but he had been in contact with them recently, A revised draft, in line with what the Commission has requested, should be available for review for the Commission's January meeting, Russell said the Commission should have plenty of time to consider this issue over the first few months of 1995. It would be best to have this ordinance and a landmark ordinance before the Council for adoption at the same time later that year, Q Irelan arrived at 5:45. A (,:....~ ( DISCUSSION OF MOFFITT COTTAGE LOCAL HISTORIC DISTRICT: " Russell said that he had contacted each of the five property owners within this area by mail about the possibility of establishing a local historic district, and had received three responses, Russell said that William Murray indicated that he was supportive of the idea. He said that Doris Malkmus indicated she was interested in the idea, but that she planned to add a dormer to her home and was concerned whether she would be able to go ahead with this project if a local district were to be established. Russell said that Earl Brown indicated that his daughter, Linda Brown-Link, would soon obtain ownership of the property at 1326 Muscatine Ave. and that the Commission should deal with her regarding his property, Kugler said that I I , I , : ! I 'f ;! " J, \,,~ "1 :;: ,~ ~1f,~ , " ( ---'~ '. 0 \ --_._-,---~- ,.~~~' - ---- 0" ) I I I . ,t; ,,' [1 , .' ~':, .." c.',,,:,.,, '- ......, i ! .,~, C-', ~ ~ "'.'(-~ i ! . ' ~, I Ii ; : . I ! I I, I ~' ., I" : i , \ ,) ~~ 1 , -~ :c""o I. . _ ,,:j ,-; '.', ,'~~ ..', ':"\\1.:, ' -, .'.. .. .> . ,~' 1 '~.. , , "."..L",,-:_'-~_:f.":"',, <,,' , , -" . ,"" ..----~-~,."..~'.,,,.,..,',"',',._''',,.~,...~,,:--,,,._..~-...~~"'..-,-'...'"',.",.. ,,',' --",,'.<',....., ""..' "'" "",,"'. ...:" .", ~.."..- ..,-,-- ,--~,--," " ~i~S I' 'j ; ,~ ~.' Historic Preservation Commission November 8, 1994 Page 3 Ms. Brown-Link had contacted him and had indicated that she was very supportive of the idea. Russell said that the next step was to meet with the owners to explain to them what establishing a local district involves and how it would benefit and affect them. He asked staff to arrange a meeting within the next month or two. Miklo suggested that the meeting be held in one of the homes of the property owners. DISCUSSION OF CERTIFIED LOCAL GOVERNMENT (CLGI GRANT APPLICATIONS: Russell reminded the Commission that at last month's meeting, staff was asked to determine whether matching funds were available to apply for grants for both the Dubuque Street Corridor survey and the College Green/College Street district nomination. Russell asked staff if that information was available yet. Miklo said that he had received estimates from two consultants and determined that there might be sufficient funds to do both projects, but suggested that both grants be applied for, regardless. The State Historic Preservation Office has indicated that if a grant is turned down, it is not held against a CLG for future grant requests. Miklo said that the Commission may have up to $6,000 in cash to use as a match for the grants, and some of the expenses can be categorized as in-kind expenses - such as staff time. The Dubuque Street Corridor survey will likely cost between $12,500 and $20,000, and the College Green/College Street nominations will likely cost $5,000. Of those totals, the Commission must contribute 40 percent through a cash and/or in-kind match. So the Dubuque Street match must total between $5,000 and $8,000, and the College Green/College Street match would be $2,000. Miklo said that Kay Irelan had completed a draft of the Dubuque Street application, and that Jay Semel was preparing the College Green/College Street application. The Commission agreed that both grants should be applied for. Russell asked Kugler to make sure that both grant applications were submitted on time. Miklo said that the Council would have to pass resolutions to allow the grant applications to be submitted. Russell asked that the resolutions be prepared and placed on the December 6, 1994, Council agenda. He said he would be able to attend that meeting. ---.JIllOf.L-. T -= r--- ~_,"o~..;, j ,I ! I D I I, I '. 10 ,'; I- ;~1'l!.' p'" '.', ~ ~~ , "~ ~,I ! " !; \ 1 .. ;i .,._......,. " I \ " !;",\ r \ \ \ , I \, ,.',\\. ;..~- \ Z I ~ I \) I II " I I. I' 1'1 , Jll Ii II I' : I i i II 'I , rl I';' II ,I I, ~.\-': , \..:,' ,)l "'~"I'" '~' 1/1'" l.J " el'J i~: '---"\..:.... ("';:- ~ , ' '>. " :j :j " ", -;' ~i , :~, j ,f ~ I " 1lDS I ,'~ < " ., ;' , , , , "t' ,'.\\1: , 'I, .> . ~ '-or, ,.._. ""","".C: '."",~ ;,.,'_.~. .' ',,~, .~.. '"." ,:, .. , .. .._-;,...._-,-" ,- ,...'. ,""~,, ,...._.~. :",'....".".", '.'," .' ' Historic Preservation Commission November 8, 1994 Page 4 DISCUSSION OF MELROSE AVENUE STREET AND BRIDGE RECONSTRUCTION ENVIRON- MENTAL ASSESSMENT: Russell asked staff how the Commission was going to be involved in this project. Kugler said that the survey needs to be done before the road project can begin, This area is one of the areas listed in the Preservation Plan, and it was projected that a survey of this area was to begin in Fiscal Year 1998, It looks like the survey work is going to be taken care of for the Commission ahead of time. The Commission will be involved in the review of the survey when completed. Russell said that he was glad that some of the survey work for that area would be completed. CONSIDERATION OF MINUTES FROM THE OCTOBER 11. 1994. MEETING: MOTION: After some discussion regarding minor changes that were needed, Hanlck moved to approve the minutes of the October 11, 1994, meeting, as amended. Irelan seconded. The motion carried on a vote of 5-0 REMINDER OF ANNUAL PLANNING SESSION: 9:00 A.M" SATURDAY, NOVEMBER 12, 1994: Russell reminded the Commission about the annual planning session scheduled for Saturday, November 12, 1994. He passed out some handouts to be reviewed prior to the session, and requested that the Commission begin thinking about next year's work plan, and whether the time line listed in the Preservation Plan needs to be revised. COMMISSION INFORMATION DISCUSSION: Kugler said that there was an article in the packet from the Chicago Tribune regarding a proposed development on Michigan Avenue in Chicago that involved the demolition of several historic structures. It was a good example of the debate between preservation and development. Also included were letters from the State Historical Society regarding the Fiscal T ~ t>d- , -,. :- -- o_~i, o ..' , I, 10, ,..,',.:"':' 'I~, ' ",,""""', ' ..,....,.j"I>>.~: ".:",-,;' r: hi '\ , (~ i ~, I I I , , I r( I I , ~~ 'pill ", J 'i~"" l~ ' L t ((,,' . , I "\ . 0, ." },':,," ":'"':.\;, ,~:.~ \\I.~ ",',;,,'.. >'" .> . ',' ".. , . '~.... , .... . .., '.~';,t::.:.'.:, ,:;;..~. ''- .t,,' ,.-.' ,". .,...,.. '<.-\.",.,,',.,,;~.'~,~...:.._~_.;._.__... , "1~S' l,S'" I ' l,' :" . ,0, . ,,',L~ _,.._".__..""..~:i~_~~~~~~. ".', " ',' " ' . ',>" ;;'__ _.:.. .,~_,;."._,.. ...:j... ,~......":~,,.,",...'~"",:~"':."'r~.~;:.:.,C_""J':OI,l~.:: Historic Preservation Commission November 8, 1994 Page 5 Year 1993 evaluation, and the listing of Brown Street and the Cannon-Hattie House at 320 Melrose Avenue on the National Register of Historic Places. Swaim noted that the certificate for the Brown Street district did not include the word "street." Kugler said he would look into getting that corrected. Kugler said that a draft of the Long-Range Transportation Plan, which the Commission was asked to comment on earlier in the year, was available for review if the Commission would like to take a look at it. Miklo informed the Commission that the Means Agency, a building in the College Hill area which was determined not to be a National Register eligible property, had been up for sale. A proposal to demolish the building has apparently fallen through. Hanick noted that the property had been sold as of Monday, but he did not know what the plans were for the building. Swaim asked what was likely to happen to the three Catholic churches located downtown. Russell said that St. Patrick's is likely to close and move out to the Scott Boulevard/Court Street area. Swaim said that she had heard that St. Thomas More was moving, also. Irelan said that she heard a rumor that the City was interested in the St. Patrick's site for a parking garage. Miklo indicated that that was not the case, but rather the City has been considering the old St. Patrick's School site. Swaim asked if it would be helpful to collect information regarding the adaptive reuse of churches in case there are any inquiries about the reuse of these buildings. Hanick indicated that there are many options and that there are many examples of projects that have been successful in other communities. ADJOURNMENT: The meeting was adjourned at 6:32 p.m. minslhpcl',B '.'-.-0/ 11I'11 ~.'.,,' "],.,'.,',q".. 0,'"., .:< o -'- ..' I I I , ! I ()) ,I ~/:"i:::l:; ,r"w~" "":"-"" " ~\S) / ,.....':..~ ;(, r \, , l \J, '-, r::.;~ I' 'I I . I ' " I I , ' I I , I I I : 1 i I I :f:, I' !.l , ~,\;;11 "" ,,\,~._.~.l,., " ,~,1 , :~""" 1..,'i,i'U , ~;\" -""- :t,o L 1"""1 i"l , .',..,. ..t\{ ','1. . .> , ',',,' , '~..' " '" f" , . 'n' ,,"_~;':; ..'~" _"I', .1. ,'..... :"..JL ,~~. ~ '. - . ,.' " ,......_.'. __~ "'_""''''''''~'''',"_~",''""""'',,..,,, .,,' ".,c,'...\.,..., ,', MINUTES CIVIL SERVICE COMMISSION CIVIC CENTER COUNCIL CHAMBERS SEPTEMBER 28, 1994 MEMBERS PRESENT: Lyra Dickerson, Sue Dulek and Mike Kennedy MEMBERS ABSENT: None. STAFF PRESENT: Anne Burnside, Sylvia Mejia, Machele Wiebel, Chief Winkelhake OTHERS PRESENT: Ed McMartin, Matt Glasson, Tom Schoenberg, Dave Droll, Vernon Coates, Charles Singleman, William Campbell, Stacy Swadish, Dan Dreckman, Harry Huff, Larry Maurer, Jim Steffen, Paula McMartin, Michele Kueter, Laurel Lenz, Naomi Novick, Deb Peterson, Patricia Cone-Fisher, Kathy Winkelhake, Michael Brotherton, Heather Woodin, Troy Kelsay, Deb Peterson, AI Mebus, Steve Fortmann, Larry Maurer, Patricia Harris RECOMMENDATIONS TO CITY COUNCIL: I I ~ , None. RECOMMENDATIONS TO MANAGER AND STAFF: Commissioners directed Mejia to prepare a Decision on Appeal outlining the Commission's findings. SUMMARY OF RELEVANT DISCUSSION: Chairperson Mike Kennedy called the meeting to order and stated the purpose of the meeting was to consider the appeal of Edwin McMartin, Iowa City Police Department. Chairperson Kennedy reviewed the approved Order of Business for Appeal Hearings. Pursuant to Iowa law, the City of Iowa City will present evidence in support of the charge and the Appellant will then present evidence in support of the appeal, Both parties may then offer rebuttal. Commissioners may ask questions at the conclusion of the questioning by the attorneys. Chairperson Kennedy swore in all persons expected to participate in the proceedings. The City of Iowa City was represented by Anne Burnside, City Attorney's Office. The Appellant, Edwin McMartin, was represented by Matt Glasson. Witnesses were sequestered, City Witness 1/1 The City's first witness was Vicki Lalla, a sergeant with the Iowa City Police Department. Lalla stated that on May 3, 1994 she was working with Officer Jackson in an unmarked car ...w .~ -~-~' - , ~1"" l , .,"" /5 :10, ---- "o:~)\ - ; i :?.Jx::ri ':L.1, ., .> , , ..' . :: ' .. when she heard McMartin broadcast an attempt to locate a male subject riding east out of the plaza on a bicycle. Lalla and Jackson saw the described person, pulled up by the bicyclist and Lalla motioned him to stop. Lalla recognized the bicyclist as Chris Lenz. Lalla told Lenz that another officer was looking for him and asked him if he'd been up in the plaza. He said that he had been. She then asked him if he had heard an officer yelling at him to stop and he said that he had not because he had ear phones on. Lalla said she radioed McMartin and told him they had, the person he was looking for. McMartin asked how old he was, and after asking Chris, Lalla replied "19". McMartin responded that the subject was going to jail. Lalla said Officers Mebus and Strom mer then pulled up and Jackson and Lalla left. In response to Burnside's question, Lalla said she did not tell Lenz that he could expect to go to jail. Lalla said she later spoke to Strommer at the Police Department. They went into the bathroom and Strom mer burst into tears saying that McMartin had beat him up. When 'Strommer calmed down Lalla told her to talk to her supervisor. Lalla also said that Strommer had told her she had gotten hit in the leg with the asp (collapsible police baton) by McMartin. I " ~ Lalla stated that she had provided information to Captain Harney as part of the internal investigation, essentially the same as what she had just testified. Cross Examination bv Matt Glasson Glasson questioned Lalla about a written report she had prepared in the course of the internal investigation and she admitted that she had not included the conversation in the bathroom that she described earlier in her testimony, She could not recall if she had told Captain Harney about the conversation or not, nor could she recall telling Captain Harney that when she stopped Lenz he was wearing headphones and had music playing. 0'" " Citv Witness #2 r I, l ..,\ [--:"\ . \ 1.:;1 I I' I I I~ The City's next witness was Officer Sid Jackson, patrol officer for the City of Iowa City Police Department. , . ~~ " Jackson stated that he was working the 3-11 shift on May 3, 1994 with Officer Lalla when he heard radio traffic regarding a young male on a bicycle. Officer Jackson said he knew the person as Chris Lenz and that he had had dealings with him in the past. In response to Burnside, Officer Jackson answered that he had never had trouble with Lenz during any of those encounters. Officer Jackson stated that he had not participated in the conversation between Lalla and Lenz, but he had overhead what had been said. Jackson verified that he and Lalla left when Mebus and Strom mer arrived. Jackson stated that after returning to the Police Department that night, he overheard Strom mer talking to Lalla about how the situation had escalated and that McMartin had eventually struck her and Chris Lenz with his asp. Jackson said he had spoken to Captain Harney and described the events he testified about. He could not recall if he had told Harney about overhearing the conversation between Strommer and Lalla. Jackson said he had not provided a written report but had reviewed Lalla's statement and found it fit with what he recalled had happened that night. . i '1) \'J .~, l~{#, Cross Examination bv Matt Glasson ','i\~,~,i ;': : ~~l :"~I"Y. -', "'.' L__ ';C~-_~_~~= T ~~= dtw- T ~1 (, fo 0 ") ,(., ~O, ' , - - ' "" .' " i .> . :, ' ,t \, l,~ " , :~i!7'il~! \ ..' -.-, Upon Glasson's request, Jackson described where he had been when he overheard the conversation between Strommer and Lalla and said Strom mer seemed visibly upset. Glasson asked Jackson to describe backing up traffic stops that involved Chris Lenz. Jackson stated that it involved arriving and finding there was no problem with the situation and moving on. Jackson didn't know jf Lenz had been arrested and couldn't recall a situation he had been involved in where Lenz had been arrested. Dickerson and Dulek asked questions to clarify previous discussion. Citv Witness #3 The City's next witness was Chris Lenz. In response to Burnside, Lenz recalled riding his bike, along with two friends, on the night of May 3 in the downtown plaza. Lenz said that he was riding behind his two friends, heading north toward Godfather's Pizza, when he saw a police car start to pull through the alley. Lenz stated that he was wearing earphones but his friends were not. Lenz said he turned his bike around and went the other direction when he saw the police car. He thought his friends also did, but they didn't. Lenz said he did not hear anyone call to him to stop. Lenz admitted that he was stopped by Jackson and Lalla and knew who they were. He said Lalla gestured him to come over to the car. He wasn't sure what she wanted. Lenz couldn't remember the conversation with Lalla other than she asked him how old he was. Lenz said a second car with two officers in it arrived and Strommer got out and talked to him, but he couldn't recall what they talked about. Lenz said he understood they were waiting for another officer to arrive and that McMartin wanted to talk to him. , b ! \ Lenz said that when McMartin arrived he really didn't talk to him except to tell him to stand up he was under arrest. Lenz asked what for and McMartin said for riding in the plaza. Lenz remembered McMartin being in front of him and Strommer was to the right. Lenz thought McMartin seemed angry. Lenz said he got up and set his bike off to the side. Lenz said he turned when he got up, putting his back toward McMartin so McMartin could handcuff him. Lenz claimed his hands were behind his back and McMartin grabbed his wrist and put pressure against it. Lenz said he felt the cuffs but never felt them around his wrist. ,r ( "'\ [~~, r.;;;; , i I . I · Ii, Lenz stated that he stepped forward and turned toward McMartin to stop the pain in his wrist. Lenz recounted the following events: Strommer had hold of his shirt and as Lenz stepped away from her, his shirt ripped. He stepped a few steps back from both of them and stood there. By that time Mebus was out of the car. He walked up next to the other two and then Mebus and Strommer grabbed him. Mebus was saying something but Lenz couldn't remember what it was. He couldn't remember Strommer or McMartin saying anything. ' i . , Burnside asked where McMartin was when Strommer and Mebus were holding Lenz's arms. " He responded that he was in front of him and was not holding onto him, Lenz said McMartin took out his club and was hitting his legs. He said he had not started to struggle until McMartin started hitting him. I , I , , If II" , I , . , , ' , \, '''ijj,''"j \\W Lenz agreed with Burnside that events happened quickly and that it was possible some of the events happened in different places than Lenz remembered. 'I N' /, fr': " ,'" , "\: -' ,(_,,__~ ..~__ .., , , 'c____~ 1 -~..,. 17"' -~ ' "), ~ 1(0" '; I/~ III ::;;";~i ,"-.~.. \, r .\ ..,;.> , \ \ " \ \ I \" .=.:j rC'''' r I" I , . :~', \ , I J \1,.; .'''::-- Ii ), ~l-, \ -....... \ it( ~;-- r I .> . '~t: 'j i." \ " ..' ,:: ' Lenz did not remember anyone telling him to get down on the ground but agreed it was possible someone did and he doesn't remember it. Lenz stated that McMartin struck him three or four times and that he tried to jump so McMartin couldn't hit him again. Lenz wasn't sure how he was taken to the ground, then said somebody tried tripping him. Lenz said he was handcuffed pretty quickly after he was down on the ground. He remembered Fort showing up. Lenz stated the charges filed against him were for two counts of interference, riding through the plaza and possession of marijuana. Lenz denied taking a swing at any of the officers but said he did push Strommer. Cross Examination bv Glasson: I ~ ~ I . Glasson asked Lenz if he had any idea why McMartin would want to hit him with a baton and he responded that he did not. Lenz agreed that the only thing McMartin told him he was in trouble for was riding his bike in the plaza and McMartin didn't tell Lenz he was going to charge him with interference. Lenz couldn't remember McMartin asking him why he had run from him nor telling him why he left the plaza. Glasson asked Lenz why he turned his bike around and went back toward the fountain between the library and Lenz answered to avoid trouble. Lenz agreed that the fact he was carrying marijuana was in his mind. Lenz said he didn't hear anyone telling him to stop or show his I.D. Lenz said he figured McMartin was the one who had been in the plaza because the other officers had told Lenz that McMartin wanted to talk to him. Lenz said he didn't have any idea why McMartin was angry with him and admitted that he was surprised that McMartin was that angry. Lenz said he had never been arrested before. Lenz agreed that when McMartin said he was being arrested he understood that he was going to jail and knew as part of the jail routine they would probably search him and find the marijuana, which was what he was trying to avoid. Lenz admitted that the night was starting to go pretty wrong at that point, but said it didn't matter anyway because the officers knew his name and if he would have run they would have been at his house. Glasson asked Lenz if he knew there was another warrant for his arrest outstanding and that he had been charged for burglary earlier. Lenz said "no" that he had never been charged for burglary. Glasson questioned Lenz about previous fights he had been in and mentioned traffic offenses. When Glasson asked Lenz if he ever tried to run away Lenz responded "no". Lenz said he had been about 5 feet away from all the officers and asked them what they were doing. Lenz said the officers didn't answer, they (the officers)just held him while they (the officers) hit him. Lenz thought Mebus said something like "you shouldn't have done this" or "you should know better" . Lenz said he thought McMartin hit him twice with the baton, but swung four times. Lenz described having a mark across his leg above the knee. ~"" "- Ttll : ,-, )', I ,,' ~ll 0 "I~t ... ,," , . ..ri:m~1 C' .'.'\ ....... ' (\ \ \:'j\ Y,' ;::-,' i r " ; I I , , I I : : ! f I .' €: j . I '. l'"J~ ~wr 'i." t .;.,' ""I !:f'i'~,i 1'1'1. , -"'- 'C,' ,.'-,0.'..- ", '" . , , .. ~ . :: Lenz remembered talking to Captain Harney two times but could not recall if he had changed his story. Lenz agreed with Glasson that he had plead guilty to riding his bike in the plaza and both charges of interference and in return the possession charge was dropped. Dickerson, Kennedy and Dulek asked questions clarifying previous discussion. Citv Witness #4: ,,"' The City's next. witness was Heather Russell. Russell stated that in May she lived at 528 College St. Russell said she was on her front porch on the evening of May 3. She said there was a street I' light in the area, but generally it was pretty dark. She said she first saw a car pull up, not a police car; a young guy was on a bike and he circled around and approached the car, Russell said the people in the car caught her attention because they seemed to be not happy with this person on the bike so she started watching. Russell heard the woman passenger ask the young guy's age. She could hear voices but couldn't catch any other conversation. She said a marked police car drove up behind the first car. Russell described a hedge in her yard as being 6 feet high and said she really can't see what goes on on the west side of the hedge. Russell agreed with Burnside that events happened D east of the hedge and more or less in front of her house. ~?'" I It:., ~,I >.) Russell said two people were in the second car, a man and a woman officer, both in uniform. They were chatting with the person on the bicycle in a nice manner, making conversation and everyone seemed very relaxed. Russell said another officer arrived, got out and went over to the second car. Russell heard an officer ask the person to get off his bike, he did and the officers were around him. Russell said the group began moving and ended up in the front yard. She could hear talk but couldn't get whole sentences. Russell said she thought the person was going to be arrested but didn't see any handcuffs. Russell said she then saw one of the officers strike the person in the head, she wasn't sure if it was a hand or a fist. She said the person then began to run and the officers pursued and caught him. She remembered that the officers were holding him, his arms were out with an officer on each arm and the other officer took out his club and struck the person on the back of the legs. Russell counted 4 or 5 blows and the person finally went down on his face. Russell remembered another officer arriving after the third officer and that this fourth officer was with the group the whole ~ime. Russell said once the person was down the police officers handcuffed him and put him in the third officer's car. She said the rest of the police proceeded to look in the yard with flashlights, she wasn't sure what for. She said they then put the bike in the car, they were talking among themselves and then they left. She didn't think anyone realized she was sitting on the porch. '0,)": , "iT,...' ~:~. :- ~r " ~o ,',:;''''1 ; i , . . ~t \ I '\'" " , ..' . ... ' Russell wrote down what she had seen and sent it to the Daily Iowan. She said she spoke with Captain Harney at a later date about what had happened. Chairperson Kennedy called a ten minute recess. Cross Examination bv Glasson: Glasson asked if there were any changes in Russell's testimony that she wanted to make after having spoken to Lenz during the break. She said "no". Russell admitted that the officer in the fourth car was the shadiest part of her entire story but recollected that he joined the others and was with them. Russell agreed that all four officers were present when she saw one of the officers take a punch at Lenz. When asked if she knew which officer had done that, she pointed to McMartin. Russell said she did not remember anyone telling Lenz he was under arrest or to get down on the ground. Glasson asked Russell how Lenz's shirt got torn. She said she wasn't sure, she only saw that his clothes were ripped after they had taken him down and then stood him up to handcuff him. ~ i Kennedy and Dulek asked questions to clarify previous discussion. Citv Witness #5: The City's next witness was Becki Strommer, a police officer for the City of Iowa City Police Department. Strom mer said she was with Officer Mebus, in a marked squad, on May 3, 1994. ,-' ,( , ....., , , , \ \. 1 (",~,' ( , 1\ I" I Strom mer recalled hearing radio traffic about a young man on a bike leaving the walking plaza and Mebus started in the direction that the bicyclist was reported to be riding. Strommer said she then heard Lalla on the radio saying they had the subject in sight and heard that it was Chris Lenz. Strommer said when she and Mebus arrived, she got out of the car to see what was going on. Strom mer recalled that Lalla and Jackson said they had something to do and asked if Strommer and Mebus would stand by because McMartin was still on his way. Strom mer said she introduced herself to Lenz. Strommer said she didn't notice anything unusual about his speech or behavior. She said she could hear music coming out of the earphones around his neck and she had a conversation with Lenz about that. I I i I I I , I f' : "'I '! j ~~ [~:~,~~:"., I'H;~' \..~l,\ ~-.-'\ Strommer recalled that Mebus was still in the car, but was carrying on a conversation with Lenz about his job and w\>rking. Strom mer didn't inform Lenz that he was going to be arrested, nor did she hear aiw other officer do so. Strom mer may have told Lenz that they had to wait because McMartin wanted to talk to him, but she couldn't remember. Strom mer said that when McMartin arrived, she went over to his car to talk to him and trade information. Strommer said McMartin told her that Lenz fled from him. ,('... .."". ": 0 , --- .._~, r:_ ~1~" -:,,' - 1 I ~O 0 .:' ~ ~ '_, J i~~!i. r: ,;:,. c-'\ \~, ~ r:';; Ii' J I . j i I 'i I , I , , i,~'" j \1 ~~\j ~....../ 1 ,',. ~ '--"'" ,:c-~-- , ~_. ~/~~ I '~[],', ",/ j ~, " ~' i .> , , ~ t : ' ,,\1:1, ~ , '~.. . ;,' ,',",..'"~. .,----. ..._..... ,,,..'..,..,".. ,,'.',c....,... ,.,,- ",.~..,'.,,' ,'_' ,'"..~...,...:,_,', _, c..',' '_ Strommer recalled that she and McMartin walked over to where Lenz was. She said McMartin asked him questions about what had happened at the plaza and something about why he had run. Strom mer said Lenz had said something about he hadn't heard him and McMartin said he was under arrest. She said Lenz grumbled, expressed some disbelief. Strom mer said McMartin told him what he was under arrest for and told him to get off his bike and put his hands behind his back. Strom mer told Lenz she would hold his bike so it wouldn't fall over and she took hold of the handle bars of the bike. Strom mer said Lenz got off his bike and started to move his hands behind his back. She said she could see McMartin reaching for Lenz's hands but she couldn't really see their hands because they were out of her field of vision. Strommer said that the next thing she knew Lenz was moving and they were all twisting around. She explained that Lenz moved in a way like he was trying to get away so Strom mer grabbed for him. She !laid she dropped his bike and grabbed for his left shoulder and all she got was his shirt. She said it seemed he spun right out of his shirt and it tore right off his body, with the last part to tear off coming down his left arm. She then grabbed onto his left wrist. Strommer didn't know where McMartin was. Strommer said she was saying things to Lenz and telling him to stop it, quit it. She explained that she was trying to pull Lenz toward her and he was trying to back away, turning in a clockwise circle. She remembered something hitting her knee but she didn't know what it was. She said Lenz was saying "he's hitting me". Then she said Mebus was there and grabbed hold of Lenz's shoulder and put him down on the ground. Strommer said she was concentrating on Lenz and didn't remember seeing what McMartin was doing. Strom mer said it seemed Mebus was travelling 100 mph and all of a sudden he was there. She had Lenz's left arm and Mebus grabbed hold of either his shoulder or head on the right side so then both sides of Lenz's body were under control and Mebus was telling him to get down on the ground. Strommer said Lenz went down on the ground but his knees were still up. She and Mebus told him to stretch his legs out and then she knelt on his backside and put handcuffs on him. ' In response to Burnside's questions, Strommer replied that she didn't see Lenz do anything that looked like aggression toward her or any of the other officers. Strom mer said her perception was that Lenz was trying to get away. Strommer said that when they were trying to get Lenz to the ground, out of the corner of her eye she saw McMartin's arm come up as if to strike but she didn't see anything in his hand, it was more a sense of movement. As she was handcuffing Lenz, she could see McMartin collapsing an asp baton on the sidewalk. Chairperson Kennedy called for the noon recess. The hearing reconvened at 1 :00 PM. In response to Burnside's questions, Strom mer recalled some discussion about looking at Lenz and asking him if he needed medical treatment. Strom mer said she did not know when Fort arrived, she just knew that when she was handcuffing Lenz he was there. IJ .. - --,---- ~,"),' ..' " .. i D " 3B,IT& , i ".. "I ',\!" , , , , , ~ " ..' . ... Strommer said she was looking at her knee to see if it was hurt and somebody was walking around in the yard looking for McMartin's handcuffs. Strommer described the marks on her knee from the asp. Strommer said she did not hear McMartin advise anyone that he was about to use the baton. . Strom mer said she later asked McMartin if he was charging Lenz with interference with injury because of her knee and he said yes. She said she didn't think it qualified because she was not hurt from a direct action of Lenz. Strommer verified that she spoke to Lalla about what had happened. Strom mer said she had filed an OSHA report and a narrative report of the events, as well as discussing the matter with Captain Harney. Cross Examination bv Glasson: Strom mer said she heard from the radio traffic that Lenz had run from McMartin and understood from later traffic that McMartin intended to arrest Lenz. She said she assumed the arrest was due to the flight and agreed that it's standard operating procedure to arrest someone who runs from you. Glasson asked Strom mer if she remembered being shoved by Lenz and she did not. He asked her if she felt she had control of Lenz at any point before he went to the ground and she answered "no". Glasson asked Strom mer if she ever saw McMartin strike Lenz in the face and she answered she did not. ' Strommer verified that there were only two people when the struggle started and there weren't four people there until Lenz was being handcuffed. When asked if she would say McMartin had beat. up Lenz, she answl3red "no". Kennedy, Dulek and Dickerson asked questions to clarif,y previous discussion. r' " Glasson requested a 5 minute recess to confer with a witness. ( '';';~ \ \ \1 \. City Witness #6: The City's next witness was R. Alan Mebus, patrol officer with the City, of Iowa City Police Department. Mebus stated he is currently an instructor for the asp tactical baton and that he has certified all City of Iowa City police officers except for 4 or 5 who declined. ....... (,'1">;l , " i , I- i I I Mebus said he and Strom mer were partnered together on May 3, 1994. He said they recognized they were relatively close to assist McMartin when they heard the radio traffic and they started for that direction. Mebus said that secondary radio traffic from Jackson and Lalla indicated they had located the individual. t' : ,I, i I" Mebus said that when they arrived, Jackson and Lalla were in an unmarked car and Lenz was on the curb. He said it seemed they were carrying on a conversation and there was nothing that caused him concern at that time. Mebus said he knew who Lenz was and carried on a casual conversation. Mebus said he did not know Lenz to be a dangerous person and did not consider him at that time to be a danger to him or Strommer. : i I ' '~,) "PI ,l \~: 1:~.'J,1 E~'~", ' ' ~..'\ ,'; ~?,~ I ,:' ~ ;c_~~,__, '"~'~,:: ":.. '0 ) -, '" - --- -~-- o I , I ~ ~[l ,.\;:J~'m " ( ,~~ ( \ \ \ ...... r,.:;.;:;J : i I i" , I , , j , , . 'I: Ii" i I : \ ~,..~ ., , :C'o " , , , , ,,; , '\\\<.;. ~ ",. . :~ ' ,4 He said when McMartin arrived he got out of his car, walked up to Lenz and began to indicate to him why he had stopped him, what his observations were of Lenz's activity and what he wanted to do. Mebus said McMartin wanted to know why,Lenz hadn't stopped and Lenz stated his headphones were on and he didn't hear him. McMartin didn't believe Lenz was being truthful with him and notified him he was under arrest. Mebus said McMartin told Lenz to get off his bike and put his hands behind his back. He said Lenz did not comply and Strom mer stated she would hold the bike. Mebus described that McMartin removed handcuffs from his duty belt and reached to take one of Lenz's arms. Mebus said Lenz physically resisted by pulling away and twisting. Mebus said he heard the handcuffs hit the ground. Burnside asked Mebus if he observed Lenz swing or punch at anyone as he twisted and Mebus explained that the twisting movement caused Lenz's arm to elevate, whether that was intentional or not he hesitated to confirm or deny. Mebus said Strom mer let go of the bike and tried to gain physical control of Lenz and McMartin tried to gain physical control. He could see both had hands-on techniques of some sort on Lenz and he continued to struggle and broke free. Mebus said Strom mer had hold of the nape of his neck on his shirt and his left arm and they started a circle back and forth while she gave verbal commands to stop what he was doing. Mebus believed McMartin initially gave verbal commands but remembered nothing from him after Strommer began her commands. Mebus said he got out of the car as soon as Lenz started to spin. Burnside questioned Mebus if prior to getting out of the car he saw Lenz swing at anybody and he responded "no". Mebus ' said as he approached McMartin had also engaged in trying to get a hold on Lenz. He could see Strommer still had hold of Lenz's arm and the nape of, the neck. He could see McMartin's hands trying to gain control. Mebus said that when he got there he grabbed Lenz's head in a 'carp grip', pulled Lenz's head to the back of his chest and took him down. Mebus stated that shortly after he took control of Lenz was the first that he was aware that the asp was out. Mebus recalled hearing the asp being presented and when he looked up, due to the lighting behind McMartin, he could clearly see what was in McMartin's hand and that it was raised in what he believed to be a striking position. Mebus said he then distanced himself from Lenz by holding Lenz at arm's length. Burnside handed the asp to Mebus and at her request he demonstrated the distinctive sound the asp makes when it's being presented. Mebus remembered seeing McMartin's arm come down but he had no idea what target it struck, only that it did not hit him. When asked if Mebus perceived Lenz was a danger .to anyone, he explained that when an individual begins to resist the safest place for everyone is on the ground with Mebus on top. If the individual is allowed to continue to flail, he has two arms and two feet to use and putting the individual on the ground takes away those weapon opportunities. Mebus said it's not a matter of perceiving danger, it's the safest method to restrain an individual quickly. In response to Burnside, Mebus explained that he prefers,to use hands-on techniques rather than a baton. He agreed with Burnside that there was no question that Mebus was able to put Lenz on the ground almost immediately with his hands. ~7b" ""'t-'-, "tJrJ _ 1IIl8:l~ "-'1lDrrl' " OH_)' ~ ..' ~ I '0 " " .: ,) ~o ~"fo I .r;,: " ,} ", ',,' Z($~j, \' i ';', '" , . \ \ \'1, ~ " . ,~. .> . ~ " . :~ ' , ..... '..,' . ~-. " ","~,""" .- ' ;'"",;,' . .. ,",., 0<_,'. Mebus said that once he had Lenz on the ground he told Lenz to lay flat and once Lenz did that he was cuffed. Mebus remembered seeing Fort after Lenz was cuffed and they stood up but did not recall Fort being there when he got out of the car. Burnside asked Mebus as an instructor and observer of the events if the use of the asp was proper in this situation and he responded that for him, no. Mebus stated that as he perceived the events he didn't need to use the asp. Mebus explained that under certain circumstances and dependent upon the part of the body struck, the asp could be considered deadly force. Mebus said Lenz w~s offered medical attention and he declined. Mebus recalled that Lenz's complaint of pain was from a scratch on his belly. Mebus said it was later in the watch that he learned Strom mer had been struck. Mebus said he wrote up a report and later spoke with Captain Harney. Cross Examination bv Glasson: Glasson asked Mebus what he meant when he said that Captain Harney had expressed some definite opinions from the interview with Mebus. Mebus referred to the notes and quoted some lines regarding the use of the baton being inappropriate. Mebus said that if taken in the appropriate context the information is correct but he wanted to clarify that it was from his perception. In response to Glasson, Mebus explained that if he feels the need to make contact with someone and they try to flee, he will do his best to make contact with them. He said it would depend on why he wanted them as to whether he would arrest them or not. Mebus did not recall Lenz shoving Strommer. Glasson asked Mebus what Lenz did after he broke free and Mebus said he turned toward McMartin again and began a verbal confrontation. ,.( ( \'1 \. j:M : I I~ i I Glasson asked Mebus if he tells people they must verbalize before using the baton when he is conducting training for the asp and Mebus said they talk about verbalization a great deal, verbalize, verbalize, verbalize. Glasson asked if there were ever any circumstances under which you might use the baton without verbalizing and Mebus replied that he was sure they could articulate a circumstance where that would be true. He agreed with Glasson that it's better to verbalize if you have the opportunity. In response to Glasson's questions, Mebus said he saw McMartin's arm move but he couldn't say McMartin impacted Lenz a second time. Glasson asked if McMartin struck Lenz when Mebus had him on the ground and Mebus answered "no". Dickerson, Kennedy and Dulek asked questions to clarify previous discussion. Chairperson Kennedy called for a 5 minute break. After asking how many more witnesses each party had, Kennedy said the hearing would go until 5:00. : i :~; j! ., : i " ' \', ,J "~ f;~~';, ~~~. j-r fJl~ ,-~ Citv Witness #7: The City's next witness was Ronald R, Fort, a lieutenant with the City of Iowa City Police , 4( . ~"~T -",,'- '0 ) - ~"-__~n~ "-1~ - ... :, "" b , , , , , , ~[1 " a~.' " c I r \ " l\ ~ " ':c~ " ':'j , ", "I "'.\1,. ~ " '"" . ....: ~ '. ... . " :! . . __, __..... _,~,.,' L""""_' ,- Department. Fort said he was on duty the evening, of May 3 and remembered hearing radio traffic that McMartin wanted a person on a bicycle stopped. Fort said he responded to one other call before he went to this one. Fort said when he got there he saw four persons on the ground, three identified as officers, one as the person they were trying to arrest. He said he used his spotlight to give them light to effect the handcuffing and Lenz was flat when the spotlight was turned on. Fort said the handcuffing was in the process of being finished as he got out of the car. He said he then asked what was going on and they said there had been an altercation, Lenz had tried to flee the scene and they had to take him down and cuff him. Fort said that within two minutes of being 'on the scene he had been advised that an asp had been used and an officer had been struck with it. Fort said he advised Strommer to have Mebus take her to the hospital and have her injury checked. He asked Lenz about any injuries he had sustained and specifically asked about his legs. Fort said Lenz alleged to hand and stomach injuries, no leg injury. Fort said he later asked Strommer how she felt about McMartin charging Lenz with interference with injury. He said she agreed with his opinion that it was not. Fort said he ordered McMartin to retrain with Officer Gass on the asp because he felt the use of the asp had been improper. Fort explained that his areas of concern were failure to warn fellow officers that he was going to use a striking instrument and failure to give verbal commands to the suspect. A V Cross Examination 'bv Glasson: Fort said he was satisfied with the retraining that McMartin received from Gass. Glasson stated that testimony from an earlier witness indicated that Fort along with two other officers held Lenz while McMartin beat him. When asked if he had any recollection of this, Fort indicated this was not true. Recall Witness Chris Lenz: While waiting for the next witness, Burnside asked to recall Lenz because he had brought in his shirt. In response to Burnside, Lenz agreed that this was the shirt he was wearing on the night they'd been talking about. Burnside asked Lenz to hold it up so the commission could see it used to be a sweatshirt. He did so. Burnside offered the shirt into evidence and it was received. Citv Witness #8: The City's next witness was Patrick L Harney, a captain with the City of Iowa City Police Department. Harney stated that he does the internal affairs investigation for the department. He said that when he receives a complaint, he tries to talk with the individual who filed the complaint and " _ . " ~.." u ~7'" 1/ ,fl ~ [J -~r~= ~ , .2 .1),"'" Z,TITLi ,c~ \-"\ \, ,.....j ;;;..... 'If \, . ' ! I,' I I , , ~'I i I" " (J ;\~':~ " I ),' ~' ;; )"1" ';f ,f g; ,~~~ i""J")'i" '\"\1'1 ....,'" ~ L._r"'\.~ ("--- 0 " ~------,----~ , I , , .> . '~t \ " ',\" ~ , .. ~ ~' , :.' . -,- speaks with the officers involved and any other witnesses. Burnside asked if there is some protocol or written order about the way you are to go about this and Harney responded yes, the internal affairs investigation general order. Harney explained that he then puts together a brief synopsis of what occurred and a short report on the investigation he's conducted and he then makes a report to'the Chief along with a recommendation as to whether the complaint is valid. He stated that the synopsis is a paragraph or two which gives a general outline of what occurred and the findings. Harney said he collects written statements or tapes conversations that are transcribed and the transcripts are attached to the synopsis that goes to the Chief. Burnside asked Harney how he formulates his recommendation to the Chief, He said he first tries to find if there's a basis for what occurred, if the officer acted improperly and then he tries to formulate if the officer acted in an official capacity and at what level. t~ ~ To ~ Burnside asked how this investigation began and Harney explained that he received a phone call from Lenz's mother complaining about her son being arrested. Harney said she feit the arrest was the result of a prior incident with the officer and indicated she felt the incident was somewhat racially motivated because she is white and her son is black. Harney said he interviewed Lenz's mother, Lenz, Heather Russell, Sid Jackson, Vicki Lalla, Ed McMartin, AI Mebus, Becki Strom mer and Lt. Fort. Chairperson Kennedy stopped the hearing at this point and said it would reconvene on September 29 at 9: 15 AM. MCMARTIN APPEAL HEARING CONTINUED CIVIL SERVICE COMMiSSION SEPTEMBER 29, 1994 Chairperson Kennedy reconvened the hearing at 9: 15 AM, September 29, 1994. Burnside asked Harney if he had asked Strommer specifically if McMartin had asked her if she had suffered any injuries to her face. Harney said he did and Strommer said that McMartin had not inquired about her injuries or being struck other than her knee. Burnside asked Harney questions regarding various documents in his report. When Burnside asked how Harney set about sorting the details and coming to a conclusion, Harney explained that he sat down with the statements and considered the interviews from each officer and each independent witness. He said while there are varying versions, there's a lot of likeness in many of those. Harney said he tried to sort through those and come to the conclusion that would be factual and believable. Harney said his conclusion was that the level of force McMartin used was inappropriate for that situation. He noted that Officer Strom mer had hold of Lenz by the arm or was attempting to contain him. McMartin had, the opportunity to assist since Strom mer had hold of Lenz. McMartin should have been able to come in and take hold of Lenz and assist in the arrest by using physical force. Secondly, Mebus stated he had a head hold on Lenz and was about to -"""--" - - :: llr .d. '-0, J ~'l"" I /!.., .. "," ~o, ,;;~.;'Z:t'l " l ''':'';'' \ \ ~ ( " I I ! i" I , I' .(, ! " , , I , I , I, '~J ,,~' , " :< ~ f" \ '" "','[" , \' ~~~, L~ :C 0 , ~! ' ",\1" 1 . ;~ ' '" take Lenz down when he saw the baton in the air about to come down and strike Lenz. Harney said in looking at the entire picture it would appear that the arrest could have been made with physical force rather than the use of the baton. Burnside asked Harney what his final recommendation was to the Chief and he answered that his recommendation was a one to three day suspension without pay. Cross Examination bv Glasson: Glasson asked Harney questions regarding the various documents in his report. Glasson asked Harney to look at the transcript of his initial interview with Lenz l;lnd locate the place where they had a discussion about drag racing and a supposed confrontation with McMartin. Harney said he didn't believe he included that part. Glasson asked if he was telling him this transcript was only a part of the conversation he had with Lenz and Harney said he couldn't recall exactly when he discussed that with Lenz and his mother. Harney said he thought he had talked to Lenz about it that day but he had talked to him several times on the phone prior to him coming in and it may have been discussed in one of those phone conversations. Glasson stated that if a citizen runs away from an officer who's trying to stop them that constitutes interference with official acts under the criminal code. Harney said he had personal feelings about that and when Glasson asked if he disagreed with that, Harney answerep yes. Harney explained that he thinks it's probably overused, you have to weigh each situation separate. Glasson asked Harney about the fact that Lenz lied about this part, and asked if this had a lot to do with Lenz's credibility as far as subsequent events. Harney said it brought a question to his mind as to how much weight he should put in what Lenz said. Then Harney reviewed what Lenz said and compared that to what other officers present said. Harney tried to determine what would make sense. Harney agreed that he didn't believe Lenz when he told him he just decided to turn around and ride away and leave his friends and really didn't offer an explanation. Glasson asked Harney if he makes the final determination as to whether discipline is going to be imposed and if so, how much discipline will be imposed. Harney answered that he does not, it's a decision made by the Chief. Glasson asked Harney if he thought it was important to let the Chief know he thought Lenz was not particularly credible, at least on this one point. Harney responded that he did not think that had bearing on the actual incident itself. Harney repeated that he was weighing what Lenz said in comparison to what the other officers said. Glasson asked Harney to explain his statement that this incident should not have escalated into an arrest situation. Harney explained that McMartin gave a verbal warning to the two other bicyclists and Harney felt it could have been handled in a more appropriate manner. Harney questioned why McMartin didn't just issue Lenz a citation and let him go on his way rather than escalating the situation to the point of taking someone to jail. Harney didn't think an arrest for interference would have been warranted at that point. Harney agreed that this is an area within an officer's discretion depending upon circumstances and some officers have J.'"" ~~",. 0_ ) ;..tJ. ~, -, ~.... ..' , i. ~ d fl .I fl )j if a 'I i J I 0, , ' . , ' , .... ~' ,~ ~o '-~;:::'&'(1 .> . ~L\, , -.. f" :,' . A the philosophy that if you run away you're going to go to jail. Glasson asked Harney why he kept mentioning Clinton Street in the transcript of his interview with Lenz. Harney said he was of the opinion that Lenz was riding down the alley when he encountered McMartin. Harney explained that he kept asking questions because he was trying to clarify, he had it in his mind that they were coming down the alley near the Iowa State Bank to the plaza area. Harney said he found that they actually did ride through the plaza, down College Street to Dubuque and stopped near the alley where McMartin confronted them. Glasson asked Harney questions regarding the General Order and the use of a baton. Glasson asked Harney if he thought it appropriate for McMartin to use any force in effectuating the arrest in this circumstance and Harney answered physical force was appropriate. Harney explained that he meant hands-on. Harney thought McMartin's use of the asp baton was excessive because, in his opinion, the're was no threat to McMartin or to anyone else of physical injury. After referring to McMartin's statements in the report, Glasson asked Harney if he thought McMartin was lying. Harney said McMartin's statement was contrary to what Mebus and Strom mer were saying. He wasn't saying McMartin was lying but that McMartin's perception was different than the other two officers. Dickerson, Kennedy and Dulek asked questions to clarify previous discussion. o Citv Witness #9: The City's next witness was Ralph J. Winkelhake, chief of police for the City of Iowa City Police Department: Burnside asked Winkelhake to describe his role in the internal investigation process and disciplinary procedure. Winkelhake said his role is to review work that was done and then make a decision based on his understanding of what occurred. Winkelhake said he reviews the written documentation and if he has questions he will ask them and/or go to the location. Winkelhake said that in this case he had questions and he spoke to Harney, McMartin, Mebus, Strommer, Jackson, Lalla and Fort and also went to the location of the incident. " ,,' At Burnside's request, Winkelhake described what he had concluded had happened in this incident. :--. " Burnside asked what discipline was applied in this case and Winkelhake responded a two day suspension without pay. When asked what the primary reasons for his decision were, Winkelhake responded that there were four: First, he believed that the decision to arrest was made prior to the officer talking to the individual and he didn't think it was appropriate to make that decision before finding out the facts. Second, this was not a violent confrontation. There was a 19 year old trying to get away, one officer had hold of him all of the time, another officer grabbed the individual and there's still a blow struck with the asp. Winkelhake said he didn't think this was the kind of situation that requires that level of force nor was it appropriate. Third, he stated that even if it were appropriate for that level of force to be used, the officer never gave verbal warning as to what he was going to do and never articulated what he wanted the subject to do. The fourth reason was that he was concerned with the :;\ 11 C'- 1. ' Jill ~ ..,~- r - - ,~-) \ ..,..0. 0 ~1(,(o ~l I,,'r., ~ll ,:\lZ8 ;. I . ~t \\ I ' " . ~ ... " , .. fact an instrument that could do very serious damage to somebody was used in a situation where people were moving rapidly. McMartin struck a blow with his asp at a moving target and hit a fellow officer. Winkelhake said those were the four main things he was looking at. Burnside asked if McMartin had come to the scene believing Lenz was dangerous. would it have changed Winkelhake's opinion of whether the asp should have been used. Winkelhake said no, the circumstances surrounding this incident should be used to make the decision regarding the use of force, not what somebody did in the past. Glasson requested a 5 minute break so he could notify his witnesses. Cross Examination bv Glasson: Glasson asked Winkelhake if he has issued a memorandum so officers know they shouldn't make the determination to take someone to jail merely because they run away from them. He responded "no ". b , Glasson asked Winkelhake if he would change his opinion as to whether this was or was not a violent confrontation if Lenz had shoved Strommer. He responded "no". Glasson asked if Winkelhake had confirmed that Strommer had been struck by Lenz would it have made a difference. He responded "possibly". Glasson asked if it's reasonable to mistake a shove for a strike under the circumstances that night. Winkelhake said he did not think so. Glasson asked Winkelhake if he formed a conclusion as to how many strikes there were and he responded "no". Winkelhake said he really wasn't concerned with how many blows were struck. Winkelhake indicated any blows were too many. o Glasson asked Winkelhake if the fact that Strom mer was inadvertently struck by McMartin playa role in his decision to impose discipline in this case. He responded "no". , -, ( -'~~ ( Dickerson, Kennedy and Dulek asked questions to clarify previous discussion. The City rested. \ \ Glasson asked that Debora Peterson be allowed to testify. Burnside objected, because witnesses were supposed to be sequestered and Peterson was not sequestered. Burnside indicated she wouldn't object to using Peterson to introduce statistics about the arrests or warnings of bicyclists. Glasson said he was willing to limit his questions to that issue. Kennedy stated that with that limitation they would proceed. ;:::1 r I" I ! I Aooellant Witness #1 : 'r- I", I . t, ~.~ ,.~ ;~ Glasson questioned Debora Peterson, a police officer with the City of Iowa City Police Department. Peterson presented a computer print out from the Iowa City Police Department. It listed bicycle violators alphabetically as of September 29,1994 and encompassed warnings issued by the civilian bicycle patrol over the fiscal year or actuarial year of October 1, 1993 to October 1, 1994. Aooellant Witness #2: ([~- ._.=rn ": '-: .~-- Jl ~. -.. o ). ~ "" I , r " :~ ~ll . , ,~:JN5l , . ".r:,\I,: , ~ ... . :.' . .. Glasson questioned Robert Gass, a police officer with the City of Iowa City Police Department. Gass stated that he is an asp instructor. In response to Glasson, Gass described the differences between the PR-24 and the asp. Gass stated that the asp was designed primarily as an impact weapon. Glasson asked Gass if he knew why he was ordered to talk to McMartin about his use of the asp in the situation involving Lenz. Gass indicated he understood a use of force incident had happened and there was apparently some question about the incident. Glasson asked Gass to describe what he did. Gass said after talking with Lt. Fort he met with McMartin and McMartin described his perception of, the event that occurred and they went through what had happened, what his actions were and how he had employed the asp. Gass stated that McMartin indicated he was attempting to arrest a suspect who began to resist and attempted to escape. He said McMartin indicated the suspect was becoming increasingly violent. McMartin said the suspect struck another officer twice and escaped from their grasp at least twice, at which time he elected to go to a higher level of force and employ the asp. Gass said that based on McMartin's description of the events, use of the asp was appropriate. Gass said he explained to McMartin that he should verbalize every time he used the asp. In the future he should give his command before using the asp, even if other officers are giving commands. Glasson asked Gass if he had been advised that there's a policy not to use the asp against a moving target and he responded "no". o '. Cross Examination bv Burnside: r ., ..\ ( _. Burnside asked Gass what he meant when he said an asp may be appropriately used when a lower technique has not been effective. Gass explained that you have the use of force continuum, which starts out with dialogue and when that fails, the next step is hands-on technique. The next stage would be a striking instrument and after a striking instrument you're in the area of deadly force. \ \ Burnside asked Gass if he would still have found the use of the asp was appropriate if in the scenario an officer had begun using hands-on techniques and they were successful. Gass answered that if he saw the officer had control of the suspect, use of the asp would not be appropriate. r:?'l ''''/'''' . r I I. I I Burnside asked Gass if he would have given different retraining to McMartin if there were no blows struck by the suspect. Gass said given what he knows of the circumstances, he believed it would still be in the realm of justification. It wouldn't be something that he would do but it would not be something that he would fault. ". ,I" Burnside asked Gass if the delivery of the asp blow is warranted if a suspect is within the grasp of at least one officer all of the time, and within the grasp of two officers almost all of the time. Gass responded not if their hands-on techniques are being successful. i , I , , ~j Dickerson and Dulek asked questions to clarify previous discussion. (" 1'~/ ele ~'~. , ,.. " rl':, .,' 'a7"" ~- , -- w-_.~~ -- - ~. I). ~O.. 0 " r.. ..' "J - ~~~1tr,]' ( ~ \ , I r--"""'" : 0 ,\ ~1t" I,}j 10', ~. ; " . "1 ,-.,\,V., , . , . '~. , '~.,. , . ,.___.3. _._" _"..,.,.,. . ,., ..\.._.~L.."... .1... ........,., .,.~ '-.'.'.. _, . .- _..".,..., _,. .'. " ,..,.~-_..-.-... - Burnside noted for the record that Chief Winkelhake had been called away on a matter of some concern at the police department and thought we could proceed. Aooellant Witness #3: Glasson questioned Douglas Vance, a police officer with the City of Coralville. Vance said he is an instructor in defensive tactics, active counter measures and the side handled baton. At Glasson's request, Vance described force continuum. At Glasson's request, Vance explained the difference between a yes person, a no person and a maybe person. Vance agreed with Glasson's statement that sometimes it might be better to hit someone once with a baton if that effectively gives you control rather than to struggle with the hands on techniques for 3-4 minutes. Glasson said you don't train people that they should not use an impact weapon against someone who's moving or in motion and Vance responded no, that's the reality of it, not many people are going to stand there and say hit me or allow that to happen. Cross Examination bv Burnside: Burnside asked Vance if he had any experience or training in the use of the asp and he answered "no". Burnside said according to the chart it looks like the use of an impact instrument is the next thing to using a firearm and Vance responded that was correct. Dulek asked questions to clarify previous discussion. Chairperson Kennedy adjourned the hearing. Kennedy said the commission would reconvene at a future date and the parties would be notified. MCMARTIN APPEAL HEARING CONTINUED CIVIL SERVICE COMMISSION OCTOBER 4, 1994 Chairperson Kennedy reconvened the hearing at 9:00 AM, October 4, 1994. APPELLANT WITNESS #4: Glasson questioned Edwin C. McMartin, a police officer with the City of Iowa City Police Department. At Glasson's request, McMartin discussed a yes person, no person and maybe person. Glasson referred to the asp manual and asked McMartin questions regarding the use of force as listed in the manual. Glasson asked McMartin to focus on the events of May 3, 1994. McMartin said he was assigned to the evening watch on that day. - -.- " 0.-).: - ... '. I I ! A ~ ~ :;::;.:;91 ,...-.'Of. " ( , .~~ , 1 , \ \ I \ , \.: ..-.'~ r;.-.(--.. I' !, I i , , i , ! I I! ,.. Il i'll" " I :! I i I \ ,} , 0,'" '. /.' J:if( " !'t~t&I~,!,', 1,:q~\lM '," . "~'l'.., "".'.1 ._#.......- C_o q ~7~~ ~ I ' B ,'\ ~lJ , , " .lll, " . :.' McMartin said he had been told to go downtown throughout his shift and enforce the bicycle laws in the plaza. He said he was told not to give warnings so much as to write tickets because the bike patrol had been getting a lot of flack from bicyclists. People hadn't been heeding their warnings so they wanted to put a little teeth in it and they said to write some tickets down there. McMartin said he saw Lenz five minutes before the end of his watch so he wasn't going to write Lenz a ticket, he was just going to give him a warning. McMartin explained that he was westbound in the alley between Linn Street and Clinton Street. He eased out onto the ped mall and saw three bicyclists directly to his left. McMartin said he yelled and waved at them and got out of his car at the same time. All three individuals approached him and he explained why he wanted to talk to them. He told them they were in violation of the bicycle ordinance but he was only going to give them a warning. When he asked to see I.D.s, McMartin said Lenz spun his dirt bike around and took off. McMartin yelled at Lenz to come back. He said Lenz hesitated as he turned left and looked back at McMartin who was standing there yelling and waving at him and Lenz took off. McMartin said Lenz did not have the earphones in his ears at anytime, they were on his neck. McMartin radioed to stop a bicyclist with a blue shirt and blue bandanna on his head. He then heard officers had stopped an individual in the 500 block of College, McMartin said he needed to know if Lenz was an adult or juvenile to determine how he would process him. When he found out Lenz was 19, McMartin informed everyone that this guy was going to jail. Glasson asked McMartin why he had already made the decision that Lenz was going to go to jail. He said Lenz had run from him and since day one at Iowa City, if they run, they go to jail. Glasson asked McMartin to describe what happened after he arrived in the 500 block of College Street and found Mebus and Strommer with Lenz. McMartin said he saw Strommer standing by Lenz and Mebus was sitting in the car. Strommer walked across the street as McMartin got out of his car. Strommer told McMartin that Lenz was wearing his headphones and didn't hear McMartin. McMartin told Strommer he made eye contact with the guy who was standing right in front of him. McMartin said he was talking right to Lenz when Lenz decided to leave. McMartin said he and Strommer walked over to Lenz and McMartin asked him why he had run from him. Lenz replied that he had his head phones on. McMartin said he told Lenz he wasn't wearing headphones. Lenz looked down and didn't say anything. McMartin said he told Lenz he was under arrest and to get off the bicycle. Lenz protested and McMartin told him two more times. Strom mer said she would hold Lenz's bicycle and did so. McMartin said when Lenz stood up, he took out his handcuffs, took hold of Lenz's arm and started to turn him. Lenz jerked away from him and McMartin tried to take him down with a headlock but he ducked it. McMartin said when he swung his arm around to take Lenz down to the ground it probably did look like he punched Lenz right in the face. He said he had the bicycle around his feet by then and Strommer grabbed onto Lenz. McMartin said it looked like Lenz hit Strommer in the face twice. Glasson asked McMartin if it was possible that he mistook a shove from Lenz to be a blow , struck by Lenz and he said it was possible, he thought Lenz had hit Strommer twice. McMartin said he kicked the bike away and he had hold of Lenz, trying to get a take down and Lenz was running. McMartin recollected that Strommer was pulling on Lenz's shirt she pulled it completely off of him. Lenz was swinging at McMartin. McMartin said he saw Lenz's fist = "- ), -- - ~ o ... .. i ~ :1 :~ ,1 '1 ~ ,r~;iiT:l. .,'-:""..'- ,. .~~ \\ \. ~~ (,''('''-'' .,; : I" \ I,',' : \, ".~; I I, j fl. t . IiI ~ I I I I : I ~, J i I';' Ji I ; I \ ~\.^; : \~:./ f.i'!! 'C 0- . ... l " , .1,' ." I '\,~ . .- ~' ~ -. . ~-,,~,::,,~ coming right for his face. He ducked the first one, the second one came and he put both his hands up in front of his face because he knows what it feels like to get hit in the face. McMartin described a situation where he was previously employed when he was hit in the face. McMartin said he was concerned about getting his nose broken again and he knew Lenz was serious at this point. Lenz hit the back of McMartin's hand with his fist and the handcuffs went out into the yard. McMartin said he looked toward where his handcuffs flew and Lenz got loose from Strommer and took off. He said Strom mer got hold of Lenz again but she did not have control of Lenz, and they were going in a circle. ... .. McMartin tried to grab Lenz's arm, Lenz's arms are flailing and McMartin thought he was going to get hit in the nose. McMartin said he pulled his asp out then and decided the fight was over. McMartin said he opened the asp above his head, and tried to hit Lenz's leg, in the knee or thigh. McMartin said Lenz saw it coming and jumped so the asp grazed Lenz's thigh I.~,' and hit Strommer. McMartin said Mebus arrived after the first blow and Mebus did 'not have hold of Lenz at that time. Mebus grabbed Lenz by the throat and head and it looked like Mebus was choking Lenz. ~74~ I/~ 10. McMartin said he waited and assessed what Mebus' success would be. He said Lenz wasn't going to the ground and McMartin hit Lenz a good hard blow and he went to the ground. He was eventually handcuffed. Glasson asked McMartin if he had any conversation with Strommer about whether she had been injured during this fight and he said he asked if she was O.K. He asked her if he had hit her with his asp and she responded yes. McMartin said he apologized. McMartin said he felt his use of force in making this arrest was in conformity with the department's general orders on the use of force. At Glasson's request, he discussed sections he felt were applicable. Cross Examination bv Burnside: Burnside asked McMartin about the print out of the computer log that was offered earlier and if he was aware that it referred only to warnings and not citations. McMartin said he hadn't given the document much thought and he really didn't know what it was. Dulek, Dickerson and Konnedy asked questions to clarify previous discussion. The appellant rested. Rebuttal bv Burnside: Burnside asked Chief Winkelhake about his knowledge of people being disciplined for improper use of force and their subsequent promotion. Winkelhake recounted situations where individuals had been promoted after they had been disciplined for use of force. Chairperson Kennedy asked each counsel to limit closing remarks to 5 minutes each. ClosinQ Remarks bv Burnside: -1 " 0'. )\, ,- --- .:;;';;t:,~ ,....-....-~"- " ,\ (......~Al \ \1 \" ,,~ ~~~ )~ .'~i.:.;.\ :;' , I- ,,' ,. \,' i, · 1'1 I, Iii , I, I I I \1 (,' I, :{:, ! I' , I )' , , I .....\.,' , ~ ..." , .,. :;<', :> :)1':"':';;1111; ~' "'Ui.l,.~ ',:: oli1lf\1~', "~1@~%:' 1"'!::.,Jlf~~: ;i l...~ ,....~~-1 ('.'~' .".- " 0 "'.:- --..----.-.--------. .' . , " . . '~t. j '\.: ~ ... :~ . .......- Burnside said the purpose of all of this testimony was to make Commissioners aware of the facts available to Chief Winkelhake in making his decision. Burnside noted that the issue before the Commission is "did the Chief correctly find that there was misconduct, and was his decision regarding discipline made without being arbitrary or capricious". Burnside wanted Commissioners to understand the framework in which the Chief operated and the length to which the Chief went to make a determination about what happened. Burnside noted there was nothing the least bit arbitrary about the process the Chief went through. There's nothing capricious about it and there's absolutely no evidence of any failure to take this matter seriously or examine it closely. Burnside noted the testimony presented a series of inconsistencies. She noted that McMartin's view bears closest resemblance to Heather Russell's in its extremeness. Strommer and Mebus were asked repeatedly if they saw anything that looked like a punch and they did not see any punches thrown. They saw an arm swinging at one point but they didn't see any punches thrown at Strom mer, they didn't see any punches thrown at McMartin. Burnside stated this ultimately comes down to a matter of judgment. She offered some cases which would support the proposition that the standard for the Commission to use is whether Chief Winkelhake was arbitrary in his decision. Another case makes it clear that whether an officer exercises good judgment is a matter for the Chief to consider in deciding on discipline. Burnside summarized the testimony McMartin gave to the Commission. He thinks Captain Harney has a grudge against him for an event that happened three to four years ago. McMartin admits he received no discipline, yet he thinks Captain Harney holds a grudge against him for that and is building a case against him for that. Burnside asked the Commission to consider what that says about McMartin's judgment. McMartin thinks Chris Lenz is going to be' out to get him. He thinks that this is ultimately Mebus and Strommer's fault because if they'd only been doing their job right he wouldn't have been in this situation. McMartin believes his career is over though there is every evidence from the Chief that that is not true. Burnside asked the Commissioners to review the continuum of force that was preached to them. She explained that's exactly what Chief Winkelhake did and in it he found there was an improper exercise of discretion by McMartin, a serious lack of judgment. Burnside stated that it is not hard to see that Chief Winkelhake was appropriate in his decision and that suspension was an appropriate level of discipline to be awarded here. There were a number of breaches and the Chief was not arbitrary in his conclusion. Closino Remarks bv Glasson: Glasson disagreed that the standard to be considered was whether Chief Winkelhake's action was arbitrary. He stated that the investigation was flawed from the moment it began and Captain Harney did not do a good job of investigating this matter. Many of the very crucial facts which are cited in his report do not appear in any of the statements of the witnesses. , Glasson stated that Captain Harney went to great lengths to paint a very bad picture of Officer McMartin. McMartin suggested the alley incident was something Captain Harney thought McMartin had done wrong three to four years before. Glasson claimed Harney was .=~r -- .:w ..--<. --__- ~- . _0 , )\. a1~'1 i I " n .') w [J,. I~b~dj " I , , . . '~?\ \' , "~ . ~ ., . :~ trying to get Lenz to say he was in the alley but that Lenz didn't pick up on that. Glasson claims Harney did this because he previously told McMartin he couldn't ticket people for being in the alley. Glasson said there was clear evidence in this case that this investigation was completely flawed and he strongly urged the commission to make a completely independent determination of what happened. Glasson told the Commission they must determine the facts in this case a~d tnen decide if there was an unreasonable use of force under these circumstances. He said they would also have to decide what should be done, if the force was not unreasonable then no discipline should result; if the force was unreasonable, then what discipline was appropriate. Glasson stated that Captain Harney and Chief Winkelhake know that the standard operating procedure for police officers is that if you run, you go to jail. Glasson said the Chief should change this policy if that is what he wants. Glasson disagreed with Chief Winkelhake's opinion that this was not a violent situation. He claims this does not match with McMartin's perception at the time. Glasson stated that the Chief and Harney did not participate in asp training so they don't know what went on there. The trainers indicated that the asp is generally used on a moving object. Glasson stated it is ridiculous to impose discipline for using the asp against a moving target. Glasson indicated that the reason McMartin did not properly verbalize was that his training indicated that if you have several officers shouting at the same time the subject may be confused. Glasson said the policy is not clear and you can't discipline someone for a policy that has not been clarified to them. ; I , .J. Glasson said this was not an intentional wrong doing by McMartin, at most it was an error in judgment. Glasson urged the Commission to conclude that there was not excessive use of force and no discipline was warranted at all.He also asked the Commission to consider if a suspension is the right level of discipline. \ Since Glasson went past the time frame, Chairperson Kennedy gave Burnside the opportunity for equal time. " ;;'.;;-: r I I , I Additional Closino Remarks from Burnside: Burnside noted that McMartin had told the Commission about how traumatic it is to be punched in the face and he related his personal experience which makes him so sensitive to the issue. Burnside also noted that McMartin never asked Strommer if she was O.K despite his belief she was punched in the face, as he testified. . I , ~ I Burnside questioned not only McMartin's judgmept, but also perhaps his truthfulness in this matter. Burnside stated that if McMartin's belief that Strommer was punched is his underlying rationale and justification for the level of force he later employs, he should have expressed some concern about her condition yet he never asked her. . , I , , , I , '" "'j "~ "j", ; (:; :.'1 ,.. c. Burnside urged the Commission to uphold the discipline that the Chief awarded because he gave it a great deal of consideration and he looked at all the facts that were available to him. (~~,..~ -~. - '0 :) - =m , - ... 0.', .. II]. ;~~jj{,.'I' "... ..,'.:.-,...' . c ;. ( ! i , \, '~ ~ "I. . ' <,'''..' ,~',~t \1'" ,:,'! ,'. '..J ". ,..' " , " '. .': . ~ , . '''''' ".,' ~ I ' . , , . .. .' , - .' , , ,. ___-'-;..:....._"......~.......:_""~"'n'~.".""" .;,'.:.~,,'r~~' ~".-u',,,\.,..:." n,~.'-~ .J"~' "',,,'w. .,:....-,,".,.,.,; ...,.., ":. ,..., ",' ... ,."...,__."'4....+~..._...___...__._.._. 1 . :., :)1~" '.".r " " t. ,oJ> '.-] "\ "., ,- , Kennedy closed the hearing. The Commission met to review the evidence. After discussing the evidence presented during the hearing, the Commission unanimously agreed that the evidence in this case supported the finding of misconduct by reason of use of excessive force and upheld the two-day suspension of Officer McMartin. Kennedy adjourned the meeting. -'-. - . J -'~~ -ll_\'~' ,j,.",':.,.,'."...'.,"" . " ' " .'" . ,. . ,.", r ,'- :'.-1..'.__' . :':-' " ", co -~ ~_ o , i ; (.':\,' ~ , '\' I,o!; I!:)~, ~~) .., .C'" ,..--.......l \ \ \l" ...:l 1':..::,.., ': ( , i , \ i ~'\ '~! , " , , . I, III I I, I i II : I II 'IG, I (I", ii' I' \ ",..; , ~,,~....-, " Jiiff' k~;il""i.' 1 '"~',''/''' ;:~ '\116.' i.o'II~' , \["'''t: I _..-"\._..l t~_. 0 " i 'hi,', ~ ., . '-. \, I j " 1 ... , .,... ,...,.. ,....".~.I ...:..". - , ,.. .__~._,.".",;...,_.., ,..-;,,:, ,~l'U."."'.o.'.,"...." ."___..".. . ,.-,.,..,.'.,'s... ... ..,.."__."...._.., I , MINUTES PARKS AND RECREATION COMMISSION NOVEMBER 9, 1994 John Beasley, Bill Brandt, Jana Liddell, Bruce Maurer, Matt Pelton, Dee Vanderhoef Egeland, Deb Pacha, John MEMBERS PRESENT: MEMBERS ABSENT: Tom Bender STAFF PRESENT: Blanchard, Carroll, Howell, Kriz, Moran, Robinson, Trueblood ..",l H~ Ii' ~~- FORMAL ACTION TAKEN: FY96 BUDGET: Moved by Liddell , seconded bv Pacha. to approve the minutes of the October 19. 1994 meeting as written. Unanimous. Moved by Egeland. seconded bv Liddell, to a~prove the Parks and Recreation Commission By-Laws as drafted. Unanimous. Moved by Beasley. seconded bv Egeland , to, elect Dee Vanderhoef as Chair and Deb Liddell as Vice Chair of the Parks & Recreation Commission for 1995. AYES: Beasley, Brandt, Egeland, pacha. ABSTENTIONS: Liddell, Vanderhoef. The motion carried. (Pelton and Maurer had left the meeting earlier due to other commitments.) The proposed FY96 operating budget and capital improvement projects were reviewed, with Trueblood highlighting various aspects of the divisions' budgets. Liddell stated she went to a city Council meeting to endorse the Neighborhood Open Space Ordinance and heard public comments that the city could not take care of current parkland. She wanted reassurance the Parks Division budget was sufficient to support current parkland and parkland acquired in the coming year. Trueblood indicated the budget request should be sufficient for next year, noting as more parkland is acquired under the Neighborhood Open Space Plan even more maintenance staff and equipment will need to be added. Moran highlighted various aspects of the Recreation Division budget requests. He stated the division is proposing to add a number of new programs to meet the needs of "special needs" children, special Populations Involvement program participants, and youth-at-risk; and is requesting additional hours for temporary staff to monitor the exercise room and take over maintenance of the Boys' Baseball Fields in city Park. Vanderhoef asked what impact these new programs would have on the current programs with regard to facility space. Moran stated they would be in direct conflict and staff is working on ~=~ - - --~ ,.',0),.: .' ;. ~7'7 " I/~"" io, " , J~~' c .1 , \ " r~ I I I i , I : I " i I ~ i I :\ ~j ~ ),1"1 I . ,r .:') II. '" r'i " . "~t: ;1 '."1 . \ ". . . "~e._..' .",.,~...__~~,~.:_ _,__. -, ..,.". ".,." .'.'~.__'_._m various alternatives. The commission, as a whole, felt the issue of expanding indoor recreation space would need to be discussed in the very near future. with respect to the BOYS' Baseball fields in city Park, staff will work with the Iowa City Boys' Baseball Association to discuss the city maintaining the fields and renting them out to the general public when Boys' Baseball is not using the fields. Brandt asked if staff planned to promote weekend tournament use of the fields, with Moran stating various non-profit groups plan and conduct tournaments and it would not be advisable to compete with these groups. Moran indicated ball diamonds are in high demand, and there is a shortage of them in Iowa City. Trueblood stated staff reviewed the Recreation Division Fees and Charges for FY96 which had been previously proposed during the FY95 budget process. At this time, staff feels no changes need to be made to the proposed FY96 fees. pacha questioned the forfeit fee for adult sports leagues and if it is enforced; he felt it would not be unreasonable to charge $20 instead of $10. Blanchard indicated he waives the forfeit fee for the first offense, and also if the team gives advance notice of their forfeit, giving staff an opportunity to notify the other team. Trueblood stated the proposed fees and charges for FY96 would be scheduled for approval at an upcoming commission meeting. with respect to the budget for the Central Business District, Trueblood stated staff is requesting an increase in the money budgeted for the annual plaza fixture replacement program due to the present rate of deterioration of the various fixtures; i.e., benches, trellaces, checkerboard area. Staff will be looking at alternative materials, with the Design Review Committee, city Council and Commission being involved in this process. Trueblood stated a C. I. P. request is being submitted to replace the plaza playground equipment, expand the safety zone surrounding it and make it accessible; an estimate is not completed, but will likely be in the neighborhood of $75,000 to $100,000. Liddell felt this would be a good project for the Parks and Recreation Foundation to undertake, coordinating an effort to raise funds for this project. Highlights of the Parks Division budget request include: an increase of 1.5 permanent employees and .5 temporary employees due to increased parkland and the addition of new soccer fields; a request for trees and saplings to be planted at the new soccer complex; new mowing equipment, 2 ("-' -" \...,0. '-,-n_~_ ),...,.,',.' ,,'.' ,.. , ,0 ... . A ~ 10. lN~~~!1 i',.....~....-_. ( !~~'ll " \ v. ,~~,' ~'.o. f~\ l. I,Ii', \' , ! . " I' II !; I !I : I. ,I I I~;' J l. J~, ' (:-0 _ \'l. " . ".. . :'-~r\\'i: '. .. . \ . ':.1.. ! ..,-,._-^,.-,,^... ~ ,.-. .-." . _._,.__....,~~~" ,.. ';.'..; ',..:r.', .,".:;~."J'- ".._":".:_:,, irrigation devices and soccer goals for the new soccer complex; and funds for design and cost estimates for a new maintenance facility to house Parks, Forestry and CBD operations. The only significant addition to the Forestry Division budget is the request for an additional full time maintenance worker. In discussing the cemetery Division budget, it was noted that the most significant issue is that of future expansion. This will likely be covered through the C.I.P. budget. Neither the Government Buildings nor the Administration Divisions are showing any substantial changes from the FY95 budget. BY-LAWS: A draft of the proposed Parks and Recreation Commission By-Laws was reviewed by the commission; no changes were made. Moved by Egeland, seconded by Liddell, to approve the Parks and Recreation Commission By-Laws as drafted. Unanimous. Trueblood reported Rex Pruess and Dee Vanderhoef were appointed to fill the two vacancies, and the City council will make an appointment to fill the last remaining vacancy at its next meeting. Liddell distributed proposed use guidelines for Hickory Hill Park she drafted which she felt would be helpful for discussion purposes. Various commission members stated they did not want the guidelines to be too restrictive or specific, with Brandt stating the commission and future commissions will continue to look at issues facing Hickory Hill Park on a case by case basis, and guidelines could help them in their decision making process. Beasley indicated a mission statement vs. guidelines would give more flexibility, with the majority .of the commission members agreeing. The commission members suggested various changes to the draft of the proposed guidelines; Liddell indicated she would re-work them and bring them back to the next meeting for approval. HICKORY HILL PARK: ELECTION OF 1995 OFFICERS: The commission discussed how to go about electing officers for 1995. Brandt asked Vanderhoef if she would be interested in serving as Chair and Liddell if she would be interested in serving as Vice Chair for 1995; both indicated they would be willing to do so. Liddell stated she would liJ<e to know if other members were interested in serving in these capacities, with no one indicating an interest. Brandt presented the slate of 1995 officers to the commission - Vanderhoef as Chair and Liddell as Vice Chair. Vanderhoef and Liddell felt the 3 ... " ~1~1 ': ,~ " " '0 ).., , '../:' ~- - -~ - I '. (.. ,~, ,1 ,'; '-, [1 J~E~wr~'. ..c..., r~'\ \ I. ' \I., ~1~ r~;:;,\ t: ., ...1 ! . ',t,! I!: : ' I" " I' In 'i III i i I! ! r:, II : l J, ~,~.j " ~"j ,~ ., '_ ,i,'" ~I: MI ",' I~ ~"'1~',<~ ,i' " '. I L_~:~ ((".0 ;1 " . '. ~t~,\'1 ,'1 .. ,'.' ~ '. ... . . ._-..-....:~.._..~ .. . .-..c.:_._..''''< ..,,,C..,"'.. _'., ..~,:.._..~- ._.A_...,.___. commission should wait until the December meeting to elect the officers, but the remainder of the Commission felt otherwise. Moved by Beasley, seconded by Egeland. to elect Dee Vanderhoef as Chair and Deb Liddell as Vice Chair of the Parks & Recreation Commission for 1995. AYES: Beasley, Brandt, Egeland, Pacha. ABSTENTIONS: Liddell, Vanderhoef. The motion carried. (Pelton and Maurer had left the meeting earlier due to other commitments.) NOS: Vanderhoef reported the Neighborhood Open Space Plan and Ordinance received the second vote of approval from the City Council at its last meeting, with the third and final vote scheduled for its next meeting on November 22, 1994. Egeland stated she would be interested in serving on the Parks and Recreation Foundation, and felt expansion of indoor recreational facilities could be a goal the Foundation could work on aChieving. Liddell stated another good project for the Foundation would be the Central Business District playground equipment project. COMMISSION TIME: Maurer asked if the City had given any thought to a ci ty- wide foundation, thereby having a coordinated effort working in different areas. Trueblood indicated he felt it would be difficult to be successful representing the city government in general, with Beasley adding there would be too many directions and goals. PARKS & RECREA- TION FOUNDA- TION: Liddell noted the last time she visited Mercer Park the bridge on the playground equipment was broken and asked staff to determine if it had been repaired. Liddell stated there were various issues that needed to be addressed relating to the Flag Football program. She indicated her child had a wonderful experience this year, but she had talked with another parent of a child who attended Lemme School who was very dissatisfied. Liddell felt the program should be evaluated and standards established. Brandt indicated Blanchard was aware of the problems, noting the problem in this type of organization is that it does not have the luxury of having numerous applicants applying to coach. Trueblood stated he would discuss this matter with the appropriate staff. Vanderhoef asked the location of the World War II Naval group's memorial tree in city Park, with Trueblood indicating it was planted near the entrance west of the road. She also felt it would be a good idea to include the categorization of parks on an occasional basis in the brochure. She asked how the Ryerson's Woods project \~as -, 4 ...- . .,~v~~~ -. ,0 .J ~1101 r .. Co ..~ ".) [1 ;,~1iil.>~1: . '.'i..' n_';;' , " ."...",........'.......,. j0 r,l, 1 ~ ,~~' ('~ ! " 1 I , , I I ' ~ : I I I I ! I I: I II~': i II j ~ !,i~,:",!.,' :t' " ~\r' : to (I:, " .'; -'~ !(~- 0 , {"I: . .", . , , .~I-,:.., .' ~ . "~I;\'I . 'i ' '. .~ ,... ,~. '. '.,. ~ '"'''' .- '.'1" , .:, ..1:; , .' .'.., . ..., :.. ...' '~"".J ,,' _','..'-:'_..,.....":",~___... .;.' .' r'. ' ,~'.,:"' ,'> \:. .~.,:,.~.-.~.~ '," ", .........-,.,- ...~".,. -.. ~.. ~7'7 '"I''''''''' , 'S' " " ;.... .... ' , , , . .,...:- ' . . .',.' ' "-. " .. .:.. ..., _. _:....... ..~"i.,,<j, ".'.I;.'c.....J.~: .~~;:I;:..;v,..".:.; l.;".:,;;"';~"",,;;,;,. ';.\,::,':"':;,~ ,.,::'- :~'~~ - ,:. _,', .c:, _:; ',", '.':::,;,: !.~, progressing, with Trueblood indicating the project was 85% completed. DIRECTOR'S REPORT: Trueblood reported on the following: Ice Skatinq Program. The Old Capitol Skating Alliance held registration for its Learn to Skate and Hockey programs this past weekend, with over 450 individuals registering. Staff has made a commitment to work with them, and is presently working with them to put in extra lights, and is investigating the possibility of establishing a ground rink in Happy Hollow Park. IPRA Legislative Workshop. Vanderhoef will be attending the upcoming IPRA Legislative Workshop. Naming of the South Treatment Plant site Park. At this time, only one letter has been received suggesting a name for this park. The Iowa City Kickers Association has been contacted for their input. Napoleon Park. The Public Works Department's project to connect the two sewage plants was discussed at the last department managers' staff meeting. It previously was thought the sewer line would run along the east edge of Napoleon Park; however, the line will run along the tree line in the park adjacent to the Iowa River and the construction area could extend approximately 200-250 feet into the park. This project will affect some of the ball diamonds, and staff \~ill be working with the Public Works Department to try to work around the Iowa City Girls' Softball season, with construction beginning after the 1995 summer season. ADJOURNMENT: The meeting adjourned at 9:05 p.m. 5 ___ -w.~..A. .---- ~ .-- 'l',~':':"'" "\ '",'.{;.':\.'..' " .,'l, I~. " ...,.-.,': " 0'" '. ;., _L :~ "',: , , .' ,!' , 10',